[House Report 104-171]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-171
_______________________________________________________________________


 
         FISHERY CONSERVATION AND MANAGEMENT AMENDMENTS OF 1995

                                _______


 June 30, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany H.R. 39]

      [Including cost estimate of the Congressional Budget Office]
  The Committee on Resources, to whom was referred the bill 
(H.R. 39) to amend the Magnuson Fishery Conservation and 
Management Act to improve fisheries management, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fishery Conservation and Management 
Amendments of 1995''.

SEC. 2. AMENDMENT OF THE MAGNUSON FISHERY CONSERVATION AND MANAGEMENT 
                    ACT.

  Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY.

  (a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended--
          (1) in paragraph (2)--
                  (A) by striking ``and (B)'' and inserting ``(B)''; 
                and
                  (B) by inserting before the period at the end the 
                following: ``, and (C) losses of essential fishery 
                habitat can diminish the ability of stocks of fish to 
                survive'';
          (2) in paragraph (6) by inserting after ``to insure 
        conservation,'' the following: ``to provide long-term 
        conservation of essential fishery habitat,''; and
          (3) by adding at the end the following:
          ``(9) Continuing loss of essential fishery habitat poses a 
        long-term threat to the viability of commercial and 
        recreational fisheries of the United States. To conserve and 
        manage the fishery resources of the United States, increased 
        attention must be given to the protection of this habitat.''.
  (b) Purposes.--Section 2(b) (16 U.S.C. 1801(b)) is amended--
          (1) by striking ``and'' after the semicolon at the end of 
        paragraph (5);
          (2) by striking the period at the end of paragraph (6) and 
        inserting a semicolon; and
          (3) by adding at the end the following:
          ``(7) to promote the conservation of essential fishery 
        habitat in the review of projects that affect essential fishery 
        habitat; and
          ``(8) to ensure that conservation and management decisions 
        with respect to the Nation's fishery resources are made in a 
        fair and equitable manner.''.
  (c) Policy.--Section 2(c)(3) (16 U.S.C. 1801(c)(3)) is amended by 
inserting after ``practical measures that'' the following: ``minimize 
bycatch and''.

SEC. 4. DEFINITIONS.

  (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), section 301(b) of that Act 
(adding a definition of the term ``special areas'') shall take effect 
on the date of the enactment of this Act.
  (b) New Amendments.--Section 3 (16 U.S.C. 1802) is amended--
          (1) in paragraph (4)--
                  (A) by striking ``Colenterata'' 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'';
          (2) in paragraph (16) by striking ``of one and one-half 
        miles'' and inserting ``of two and one-half kilometers'';
          (3) in paragraph (17) by striking ``Pacific Marine Fisheries 
        Commission'' and inserting ``Pacific States Marine Fisheries 
        Commission'';
          (4) by amending paragraph (21) to read as follows:
          ``(21) The term `optimum', with respect to yield from a 
        fishery, means the amount of fish--
                  ``(A) which will provide the greatest overall benefit 
                to the Nation, with particular reference to food 
                production and recreational opportunities; and
                  ``(B)(i) which, subject to clause (ii), is prescribed 
                as such on the basis of the maximum sustainable yield 
                from such fishery, as modified by any relevant 
                economic, social, or ecological factor; or
                  ``(ii) which, in the case of a fishery which has been 
                classified by the Secretary as overfished, is 
                prescribed as such on the basis of the maximum 
                sustainable yield as reduced to allow for the 
                rebuilding of the fishery to a level consistent with 
                producing maximum sustainable yield on a continuing 
                basis.'';
          (5) in paragraph (31) (as redesignated by the amendments made 
        effective by subsection (a) of this section) by striking ``for 
        which a fishery management plan prepared under title III or a 
        preliminary fishery management plan prepared under section 
        201(h) has been implemented'' and inserting ``regulated under 
        this Act''; and
          (6) by adding at the end the following:
          ``(34) The term `bycatch' means fish which are harvested by a 
        fishing vessel, but which are not sold or kept for personal 
        use, including economic discards and regulatory discards.
          ``(35) The term `economic discards' means fish which are the 
        target of a fishery, but which are not retained by the fishing 
        vessel which harvested them because they are of an undesirable 
        size, sex, or quality, or for other economic reasons.
          ``(36) The term `regulatory discards' means fish caught in a 
        fishery which fishermen are required by regulation to discard 
        whenever caught, or are required by regulation to retain but 
        not sell.
          ``(37) The term `essential fishery habitat' means those 
        waters necessary to fish for spawning, breeding, or growth to 
        maturity.
          ``(38) The term `overfishing' means a level or rate of 
        fishing mortality that jeopardizes the ability of a stock of 
        fish to produce maximum sustainable yield on a continuing 
        basis.
          ``(39) The term `rebuilding program' means those conservation 
        and management measures necessary to restore the ability of a 
        stock of fish to produce maximum sustainable yield on a 
        continuing basis.
          ``(40) The term `total allowable catch' means the total 
        amount of fish in a fishery that may be harvested in a fishing 
        season, as established in accordance with a fishery management 
        plan for the fishery.''.

SEC. 5. FOREIGN FISHING.

  (a) Transshipment Permits.--
          (1) Authority to operate under transshipment permits.--
        Section 201(a)(1) (16 U.S.C. 1821(a)(1)) is amended to read as 
        follows:
          ``(1) is authorized under subsection (b) or (c) or under a 
        permit issued under section 204(d);''.
          (2) Authority to issue transshipment permits.--Section 204 
        (16 U.S.C. 1824) is amended by adding at the end the following:
  ``(d) Transshipment Permits.--
          ``(1) Authority to issue permits.--The Secretary may issue a 
        transshipment permit under this subsection which authorizes a 
        vessel other than a vessel of the United States to engage in 
        fishing consisting solely of transporting fish products at sea 
        from a point within the boundaries of any State or the 
        exclusive economic zone to a point outside the United States to 
        any person who--
                  ``(A) submits an application which is approved by the 
                Secretary under paragraph (3); and
                  ``(B) pays a fee imposed under paragraph (7).
          ``(2) Transmittal.--Upon receipt of an application for a 
        permit under this subsection, the Secretary shall promptly 
        transmit copies of the application to the Secretary of the 
        department in which the Coast Guard is operating, any 
        appropriate Council, and any interested State.
          ``(3) Approval of application.--The Secretary may approve an 
        application for a permit under this section if the Secretary 
        determines that--
                  ``(A) the transportation of fish products to be 
                conducted under the permit, as described in the 
                application, will be in the interest of the United 
                States and will meet the applicable requirements of 
                this Act;
                  ``(B) the applicant will comply with the requirements 
                described in section 201(c)(2) with respect to 
                activities authorized by any permit issued pursuant to 
                the application;
                  ``(C) the applicant has established any bonds or 
                financial assurances that may be required by the 
                Secretary; and
                  ``(D) no owner or operator of a vessel of the United 
                States which has adequate capacity to perform the 
                transportation for which the application is submitted 
                has indicated to the Secretary an interest in 
                performing the transportation at fair and reasonable 
                rates.
          ``(4) Whole or partial approval.--The Secretary may approve 
        all or any portion of an application under paragraph (3).
          ``(5) Failure to approve application.--If the Secretary does 
        not approve any portion of an application submitted under 
        paragraph (1), the Secretary shall promptly inform the 
        applicant and specify the reasons therefor.
          ``(6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this subsection 
        conditions and restrictions which shall be complied with by the 
        owner and operator of the vessel for which the permit is 
        issued. The conditions and restrictions shall include the 
        requirements, regulations, and restrictions set forth in 
        subsection (b)(7).
          ``(7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount adequate to 
        recover the costs incurred by the United States in issuing the 
        permit.''.
  (b) Foreign Fishing for Atlantic Mackerel and Atlantic Herring.--
          (1) Restriction on allocations.--Section 201(e)(1)(A) (16 
        U.S.C. 1821(e)(1)(A)) is amended by adding at the end the 
        following new sentence: ``No allocation may be made for a 
        fishery that is not subject to a fishery management plan 
        prepared under section 303.''.
          (2) Council recommendation required to approve application.--
        Section 204(b)(6) (16 U.S.C. 1824(b)(6)) is amended--
                  (A) in subparagraph (A) by striking ``subparagraph 
                (B)'' and inserting ``subparagraphs (B) and (C)''; and
                  (B) by adding at the end the following new 
                subparagraph:
          ``(C)(i) The Secretary may not approve an application which 
        proposes harvest of Atlantic mackerel or Atlantic herring by 
        one or more foreign fishing vessels unless the appropriate 
        Council has recommended that the Secretary approve the portion 
        of the application making that proposal and the Secretary 
        includes the appropriate conditions and restrictions 
        recommended by the Council.
          ``(ii) For purposes of this subparagraph, the term 
        `appropriate Council' means the Mid-Atlantic Fishery Management 
        Council with respect to Atlantic mackerel and the New England 
        Fishery Management Council with respect to Atlantic herring.''.
  (c) Period for Congressional Review of Governing International 
Fishery Agreements.--Section 203 (16 U.S.C. 1823) is amended--
          (1) in subsection (a) by striking ``60 calendar days of 
        continuous session of the Congress'' and inserting ``120 
        calendar days (excluding any days in a period for which the 
        Congress is adjourned sine die)'';
          (2) by striking subsection (c); and
          (3) by redesignating subsection (d) as subsection (c).
  (d) Technical Correction.--
          (1) Correction.--Section 201(e)(1)(E)(iv) (16 U.S.C. 
        1821(e)(1)(E)(iv)) is amended by inserting ``or special areas'' 
        after ``the exclusive economic zone''.
          (2) Application.--The amendment made by paragraph (1) shall 
        take effect on the date it would take effect if it were enacted 
        by section 301(d)(2) 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. 63).

SEC. 6. LARGE-SCALE DRIFT NET FISHING.

  Section 206(e) (16 U.S.C. 1826(e)) is amended to read as follows:
  ``(e) Report.--Not later than March 17th of each year, the Secretary, 
after consultation with the Secretary of State and the Secretary of the 
department in which the Coast Guard is operating, shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Resources of the House of Representatives a list of 
those nations whose nationals or vessels conduct, and of those nations 
that authorize their nationals to conduct, large-scale drift net 
fishing beyond the exclusive economic zone of any nation in a manner 
that diminishes the effectiveness of, or is inconsistent with, any 
international agreement governing large-scale drift net fishing to 
which the United States is a party or otherwise subscribes.''.
SEC. 7. NATIONAL STANDARD FOR FISHERY CONSERVATION AND MANAGEMENT TO 
                    MINIMIZE BYCATCH.

  Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the end 
the following:
          ``(8) Conservation and management measures shall, to the 
        maximum extent practicable, minimize bycatch.''.

SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.

  (a) Membership of North Carolina on Mid-Atlantic Fishery Management 
Council.--Section 302(a)(2) (16 U.S.C. 1852(a)(2)) is amended--
          (1) by striking ``and Virginia'' and inserting ``Virginia, 
        and North Carolina'';
          (2) by striking ``19'' and inserting ``21''; and
          (3) by striking ``12'' and inserting ``13''.
  (b) Voting Members, Generally.--Section 302(b) (16 U.S.C. 1852(b)) is 
amended--
          (1) in paragraph (2)(B) in the first sentence by inserting 
        before the period the following: ``, and of other individuals 
        selected for their fisheries expertise as demonstrated by their 
        academic training, marine conservation advocacy, consumer 
        advocacy, or other affiliation with nonuser groups''; and
          (2) by adding at the end the following new paragraph:
  ``(6) The Secretary shall remove any member of a Council required to 
be appointed by the Secretary in accordance with subsection (b)(2) if 
the member violates section 307(1)(O).''.
  (c) Compensation.--
          (1) Amendment.--Section 302(d) (16 U.S.C. 1852(d)) is amended 
        in the first sentence--
                  (A) by striking ``each Council,'' and inserting 
                ``each Council who are required to be appointed by the 
                Secretary and''; and
                  (B) by striking ``shall, until January 1, 1992,'' and 
                all that follows through ``GS-16'' and inserting the 
                following: ``shall receive compensation at a daily rate 
                equivalent to the lowest rate of pay payable for GS-
                15,''.
          (2) Effective date.--The amendment made by paragraph (1)(B) 
        shall take effect on January 1, 1996.
  (d) Transaction of Business.--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 required under subsection 
        (j)(2)(E) 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) Communications With Federal Agencies Regarding Essential and 
Other Fishery Habitat.--Section 302(i) (16 U.S.C. 1852(i)) is amended--
          (1) in paragraph (1), by striking ``and'' after the semicolon 
        at the end of subparagraph (A) and striking the period at the 
        end of subparagraph (B) and inserting ``; and'';
          (2) by adding at the end of paragraph (1) the following:
          ``(C) shall notify the Secretary regarding, and may comment 
        on and make recommendations to any State or Federal agency 
        concerning, any activity undertaken, or proposed to be 
        undertaken, by any State or Federal agency that, in the view of 
        the Council, may have a detrimental effect on the essential 
        fishery habitat of a fishery under the authority of the 
        Council.''; and
          (3) by amending paragraph (2) to read as follows:
  ``(2) Within 15 days after receiving a comment or recommendation 
under paragraph (1) from a Council regarding the effects of an activity 
on essential fishery habitat, a Federal agency shall provide to the 
Council a detailed response in writing. The response shall include a 
description of measures being considered by the agency for avoiding, 
mitigating, or offsetting the impact of the activity on such habitat. 
In the case of a response that is inconsistent with the recommendations 
of the Council, the Federal agency shall explain its reasons for not 
following the recommendations.''.
  (h) Procedural Matters.--Section 302(j)(2) (16 U.S.C. 1852(j)(2)) is 
amended--
          (1) by striking ``guidelines'' in the matter preceding 
        subparagraph (A) and inserting ``shall'';
          (2) in subparagraph (C), by inserting after ``fishery)'' the 
        following: ``sufficiently in advance of the meeting to allow 
        meaningful public participation in the meeting,'';
          (3) by adding at the end of subparagraph (D) the following: 
        ``The written statement or oral testimony shall include a brief 
        description of the background and interests of the person on 
        the subject of the written statement or oral testimony.'';
          (4) by amending subparagraph (E) to read as follows:
          ``(E) Detailed minutes of each meeting of the Council shall 
        be kept and shall contain a record of the persons present, a 
        complete and accurate description of matters discussed and 
        conclusions reached, and copies of all reports received, 
        issued, or approved by the Council. The Chairman shall certify 
        the accuracy of the minutes of each meeting and submit a copy 
        thereof to the Secretary. The minutes shall be made available 
        to any court of competent jurisdiction.''; and
          (5) by adding at the end the following:
          ``(G) A Council member may add an item to the agenda of a 
        meeting of a Council or of a committee or advisory panel of a 
        Council by presenting to the Chairman of the Council, 
        committee, or panel, at least 21 days before the date of the 
        meeting, a written description of the item signed by 2 or more 
        voting members of the Council.''.
  (i) Disclosure of Financial Interest and Recusal.--Section 302(k) (16 
U.S.C. 1852(k)) is amended--
          (1) in the heading by inserting ``and Recusal'' before the 
        period;
          (2) in paragraph (1)--
                  (A) in subparagraph (A) by inserting ``or'' after the 
                semicolon at the end;
                  (B) in subparagraph (B) by striking ``; or'' at the 
                end and inserting a period; and
                  (C) by striking subparagraph (C);
          (3) in paragraph (3)(B) by striking ``or (C)'';
          (4) in paragraph (5)--
                  (A) in subparagraph (A) by striking ``and'' at the 
                end;
                  (B) in subparagraph (B) by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(C) be kept on file by the Secretary for use in reviewing 
        Council actions and made available by the Secretary for public 
        inspection at reasonable hours.'';
          (5) in paragraph (6) by striking ``or (C)'';
          (6) in paragraph (7) by striking ``or (C)''; and
          (7) by adding at the end the following:
  ``(8) The Secretary, in consultation with the Councils, and by not 
later than 1 year after the date of the enactment of the Fishery 
Conservation and Management Amendments of 1995, shall establish rules 
which prohibit an affected individual from voting on a matter in which 
the individual or any other person described in paragraph (2) with 
respect to the individual has an interest that would be significantly 
affected. The rules may include provisions which take into account the 
differences in fisheries.
  ``(9) A voting member of a Council shall recuse himself or herself 
from voting if--
          ``(A) voting by the member would violate the rules 
        established under paragraph (8); or
          ``(B) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the General 
        Counsel under paragraph (10)(C)(ii)) determines under paragraph 
        (10) that voting by the member would violate the rules 
        established under paragraph (8).
  ``(10)(A) Before any vote held by a Council on any matter, a voting 
member of the Council may, at a meeting of the Council, request the 
General Counsel of the National Oceanic and Atmospheric Administration 
(or a designee of the General Counsel under subparagraph (C)(ii)) to 
determine whether voting on the matter by the member, or by any other 
member of the Council, would violate the rules established under 
paragraph (8).
  ``(B) Upon a request under subparagraph (A) regarding voting on a 
matter by a member--
          ``(i) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the General 
        Counsel under subparagraph (C)(ii)) shall determine and state 
        whether the voting would violate the rules established under 
        paragraph (8), at the meeting at which the request is made; and
          ``(ii) no vote on the matter may be held by the Council 
        before the determination and statement are made.
  ``(C) The General Counsel of the National Oceanic and Atmospheric 
Administration shall--
          ``(i) attend each meeting of a Council; or
          ``(ii) designate an individual to attend each meeting of a 
        Council for purposes of this paragraph.
  ``(11) For the purposes of this subsection, the term `an interest 
that would be significantly affected' means a personal financial 
interest which would be augmented by voting on the matter and which 
would only be shared by a minority of other persons within the same 
industry sector or gear group whose activity would be directly affected 
by a Council's action.''.
  (j) Conforming Amendment.--Section 302(k)(1)(A) (16 U.S.C. 
1852(k)(1)(A)) is amended to read as follows:
          ``(A) is nominated by the Governor of a State for appointment 
        as a voting member of a Council in accordance with subsection 
        (b)(2) or is designated by the Governor of a State under 
        subsection (b)(1)(A) and is not an employee of the State; or''.

SEC. 9. CONTENTS OF FISHERY MANAGEMENT PLANS.

  (a) Required Provisions.--
          (1) New requirements.--Section 303(a) (16 U.S.C. 1853(a)) is 
        amended--
                  (A) in paragraph (5) by striking ``and the estimated 
                processing capacity of, and the actual processing 
                capacity utilized by, United States fish processors,'' 
                and inserting the following: ``the amount and species 
                of bycatch taken on board a fishing vessel based on a 
                standardized reporting methodology established by the 
                Council for that fishery, and the estimated processing 
                capacity of, and the actual processing capacity 
                utilized by, United States fish processors;'';
                  (B) by amending paragraph (7) to read as follows:
          ``(7) include a description of essential fishery habitat for 
        a fishery based on the guidelines established by the Secretary 
        under section 304(h)(1);'';
                  (C) in paragraph (8) by striking ``and'' after the 
                semicolon at the end;
                  (D) in paragraph (9) by striking the period at the 
                end and inserting a semicolon; and
                  (E) by adding at the end the following:
          ``(10) include a measurable and objective determination of 
        what constitutes overfishing in that fishery, and a rebuilding 
        program in the case of a plan for any fishery which the Council 
        or the Secretary has determined is overfished;
          ``(11) include conservation and management measures necessary 
        to minimize bycatch to the maximum extent practicable;
          ``(12) to the extent practicable, minimize mortality caused 
        by economic discards and regulatory discards in the fishery;
          ``(13) take into account the safety of human life at sea; and
          ``(14) in the case of any plan which under subsection (b)(8) 
        requires that observers be carried on board vessels--
                  ``(A) be fair and equitable to all fishing vessels 
                and fish processing vessels, that are vessels of the 
                United States and participate in fisheries covered by 
                the plan;
                  ``(B) be consistent with other applicable laws;
                  ``(C) take into consideration the operating 
                requirements of the fishery and the safety of observers 
                and fishermen; and
                  ``(D) establish a system of fees to pay the costs of 
                the observer program.''.
          (2) Amendment of plans.--Not later than 18 months after the 
        date of enactment of this Act, each Regional Fishery Management 
        Council established under the Magnuson Fishery Conservation and 
        Management Act shall submit to the Secretary of Commerce an 
        amendment to each fishery management plan in effect under that 
        Act to comply with the amendments made by paragraph (1).
          (3) Fish weighing.--By January 1, 1997, the North Pacific 
        Fishery Management Council shall require all fish processors 
        that process fish species under the management of the Council 
        to weigh those fish to ensure an accurate measurement of the 
        total harvest of each species.
  (b) Amendments Relating to Discretionary Provisions, Generally.--
Section 303(b) (16 U.S.C. 1853(b)) is amended--
          (1) in paragraph (8) in the matter preceding the first 
        semicolon, by striking ``require that observers'' and inserting 
        ``require that one or more observers'';
          (2) in paragraph (9) by striking ``and'' after the semicolon;
          (3) by redesignating paragraph (10) as paragraph (15); and
          (4) by inserting after paragraph (9) the following:
          ``(10) assess and specify the effect which conservation and 
        management measures of the plan will have on stocks of fish in 
        the ecosystem of the fishery which are not part of the fishery;
          ``(11) include incentives and harvest preferences within 
        fishing gear groups to promote the avoidance of bycatch;
          ``(12) specify gear types allowed to be used in the fishery 
        and establish a process for evaluating new gear technology that 
        is proposed to be used in the fishery;
          ``(13) reserve a portion of the allowable biological catch of 
        the fishery for use for scientific research purposes;
          ``(14) establish conservation and management measures 
        necessary to minimize, to the extent practicable, adverse 
        impacts on essential fishery habitat described in the plan 
        under subsection (a)(7) caused by fishing; and''.
  (c) Requirement To Submit Fishery Impact Statements to Affected 
States and the Congress.--Section 303 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1853), as amended by section 
16(b), is further amended by adding at the end the following new 
subsection:
  ``(h) Submission of Fishery Impact Statements to Interested States 
and the Congress.--Not later than the date a fishery management plan 
prepared by a Council or the Secretary takes effect under section 304, 
the Council or the Secretary, respectively, shall submit the fishery 
impact statement required in the plan under subsection (a)(9) to--
          ``(1) the Governor of each State that might be affected by 
        the plan, who may use information in the statement to assist 
        persons in applying for loans and grants for economic relief; 
        and
          ``(2) the Committee on Resources of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.''.

SEC. 10. AMENDMENTS RELATING TO MISCELLANEOUS DUTIES OF SECRETARY.

  (a) Safety at Sea.--Section 304(a)(2)(C) (16 U.S.C. 1854(a)(2)(C)) is 
amended by striking ``to fishery access'' and all that follows through 
the period and inserting ``with respect to the provisions of sections 
303(a)(6) and (13).''.
  (b) Highly Migratory Species.--Section 304(f) (16 U.S.C. 1854(f)) is 
amended--
          (1) by striking the subsection heading and inserting the 
        following: ``Fisheries Under Authority of More Than One 
        Council.--'';
          (2) in paragraph (3)(C)(ii) by inserting before the semicolon 
        the following: ``and the plan development team established 
        under paragraph (4)'';
          (3) in paragraph (3)(E), strike ``allocation or quota'' each 
        place it appears and insert ``allocation, quota, or fishing 
        mortality level'';
          (4) in paragraph (3)(F)(ii) by inserting ``and the plan 
        development team established under paragraph (4)'' before the 
        semicolon;
          (5) by adding at the end the following:
          ``(4)(A) The Secretary shall establish a plan development 
        team for each highly migratory species fishery over which the 
        Secretary has authority under paragraph (3)(A), to advise the 
        Secretary on and participate in the development of each fishery 
        management plan or amendment to a plan for the fishery under 
        this subsection.
          ``(B) The plan development team shall--
                  ``(i) consist of not less than 7 individuals who are 
                knowledgeable about the fishery for which the plan or 
                amendment is developed, selected from members of 
                advisory committees and species working groups 
                appointed under Acts implementing relevant 
                international fishery agreements pertaining to highly 
                migratory species and from other interested persons;
                  ``(ii) be balanced in its representation of 
                commercial, recreational, and other interests; and
                  ``(iii) participate in all aspects of the development 
                of the plan or amendment.
          ``(C) The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to any plan development team established under 
        this paragraph.''; and
          (6) in paragraph (3)(D) by striking clauses (ii) and (iii) 
        and inserting the following:
          ``(ii) be fair and equitable in allocating fishing privileges 
        among United States fishermen and not have economic allocation 
        as the sole purpose;
          ``(iii) promote international conservation;
          ``(iv) minimize the establishment of regulations that require 
        the discarding of Atlantic highly migratory species which 
        cannot be returned to the sea alive; and
          ``(v) promote the implementation of scientific research 
        programs that include to the extent practicable, the tag, and 
        release of Atlantic highly migratory species.''.
  (c) Limited Access.--Section 304(c)(3) (16 U.S.C. 1854(c)(3)) is 
amended by inserting ``or advisory committee appointed under laws 
implementing relevant international fishery agreements to which the 
United States is a party'' before the period at the end.
  (d) Incidental Harvest Research.--Section 304(g) (16 U.S.C. 1854(g)) 
is amended--
          (1) in paragraph (1) by striking ``3-year'';
          (2) by striking paragraph (4) and inserting the following:
  ``(4) No later than 12 months after the enactment of the Fishery 
Conservation and Management Amendments of 1995, the Secretary shall, in 
cooperation with affected interests and based upon the best scientific 
information available, complete a program to--
          ``(A) develop technological devices and other changes in 
        fishing operations to minimize the incidental mortality of 
        nontargeted fishery resources in the course of shrimp trawl 
        activity to the extent practicable from the level of mortality 
        at the date of enactment of the Fishery Conservation and 
        Management Amendments of 1990;
          ``(B) evaluate the ecological impacts and the benefits and 
        costs of such devices and changes in fishing operations; and
          ``(C) assess whether it is practicable to utilize those 
        nontargeted fishery resources which are not avoidable.'';
          (3) in paragraph (6)(B) by striking ``April 1, 1994'' and 
        inserting ``the submission under paragraph (5) of the detailed 
        report on the program described in paragraph (4)''; and
          (4) by adding at the end the following new paragraph:
  ``(7) Any measure implemented under this Act to reduce the incidental 
mortality of nontargeted fishery resources in the course of shrimp 
trawl fishing shall apply to such fishing throughout the range of the 
nontargeted fishery resource concerned.''.
  (e) Essential Fishery Habitat; Overfishing.--Section 304 (16 U.S.C. 
1854) is further amended by adding at the end the following:
  ``(h) Actions by the Secretary on Essential Fishery Habitat.--(1) 
Within one year after the date of enactment of the Fishery Conservation 
and Management Amendments of 1995, the Secretary shall--
          ``(A) establish guidelines to assist the Councils in the 
        description of essential fishery habitat in fishery management 
        plans; and
          ``(B) establish a schedule for the amendment of fishery 
        management plans to describe essential fish habitats.
  ``(2) The Secretary, in cooperation with the Secretary of the 
Interior, shall identify the essential fishery habitat for each fishery 
for which a fishery management plan is in effect. The identification 
shall be based on the description of essential fishery habitat 
contained in the plan.
  ``(3) Each Federal agency shall consult with the Secretary with 
respect to any action proposed to be authorized, funded, or carried out 
by such agency that the head of the agency has reason to believe, or 
the Secretary believes, may result in the destruction or adverse 
modification of any essential fishery habitat identified by the 
Secretary under paragraph (2). If the Secretary finds that the proposed 
action would result in destruction or adverse modifications of such 
essential fishery habitat, the Secretary shall comment on and make 
recommendations to the agency concerning that action.
  ``(4) Within 15 days after receiving recommendations from the 
Secretary under paragraph (3) with respect to a proposed action, the 
head of a Federal agency shall provide a detailed, written response to 
the Secretary which describes the measures proposed by the agency to 
avoid, mitigate, or offset the adverse impact of the proposed action on 
the essential fishery habitat. In the case of a response that is 
inconsistent with the recommendation of the Secretary, the agency shall 
explain its reasons for not following the recommendations.
  ``(5) The Secretary shall review programs administered by the 
Department of Commerce to ensure that any relevant programs further the 
conservation and enhancement of essential fishery habitat identified by 
the Secretary under paragraph (2). The Secretary shall coordinate with 
and provide information to other Federal agencies to further the 
conservation and enhancement of essential fishery habitat identified by 
the Secretary under paragraph (2).
  ``(6) Nothing in this subsection shall have the effect of amending or 
repealing any other law or regulation or modifying any other 
responsibility of a Federal agency with respect to fisheries habitat.
  ``(i) Action by the Secretary on Overfishing.--(1) In addition to the 
authority granted to the Secretary under subsection (c), if the 
Secretary finds at any time that overfishing is occurring or has 
occurred in any fishery, the Secretary shall immediately notify the 
appropriate Council and request that action be taken to end overfishing 
in the fishery and to establish a rebuilding program for the fishery. 
The Secretary shall publish each notice under this paragraph in the 
Federal Register.
  ``(2) If the Council does not submit to the Secretary before the end 
of the 1-year period beginning on the date of notification under 
paragraph (1) a fishery management plan, or an amendment to the 
appropriate existing fishery management plan, which is intended to 
address overfishing in the fishery and to establish any necessary 
rebuilding program, then the Secretary shall within 9 months after the 
end of that period prepare under subsection (c) a fishery management 
plan, or an amendment to an existing management plan, to end 
overfishing in the fishery and to establish any necessary rebuilding 
program.
  ``(3) If the Secretary finds that overfishing is occurring in any 
fishery for which a fishery management plan prepared by the Secretary 
is in effect, the Secretary shall--
          ``(A) within 1 year act under subsection (c) to amend the 
        plan to end overfishing in the fishery and to establish any 
        necessary rebuilding program; and
          ``(B) in the case of a highly migratory species fishery, 
        pursue international rebuilding programs.
  ``(4) Any rebuilding program under this subsection shall specify the 
time period within which the fishery is expected to be rebuilt. The 
time period shall be as short as possible, taking into account the 
biology and natural variability of the stock of fish, other 
environmental factors or conditions which would affect the rebuilding 
program, and the needs of the fishing industry. The time period may not 
exceed 10 years, except in cases where the biology of the stock of fish 
or other environmental factors dictates otherwise.
  ``(5) If the Secretary finds that the action of any Federal agency 
has caused or contributed to the decline of a fishery below maximum 
sustainable yield, the Secretary shall notify the agency of the 
Secretary's finding and recommend steps that can be taken by the agency 
to reverse that decline.
  ``(6)(A) The Secretary shall review the progress of any rebuilding 
program required under this subsection beginning in the third year in 
which the plan is in effect, and annually thereafter.
  ``(B) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals due to reasons 
related to the reproductive capacity, productivity, life span, or 
natural variability of the fish species concerned or other 
environmental conditions or factors beyond the control of the 
rebuilding program, the Secretary shall--
          ``(i) reassess the goals of the program;
          ``(ii) determine, based on the best available scientific 
        information, whether revision to the program is needed; and
          ``(iii) if the Secretary determines under clause (ii) that 
        such revisions are needed, direct the Council that established 
        the program to make revisions to the program, or in the case of 
        a program established by the Secretary, make such revisions.
  ``(C) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals for reasons other 
than those described in subparagraph (B), the Secretary shall direct 
the Council that established the program to make revisions to the 
program, or in the case of a program established by the Secretary, make 
such revisions.
  ``(7)(A) The Secretary shall report annually to the Congress and the 
Councils on the status of fisheries within each Council's geographic 
area of authority and identify those fisheries that are approaching a 
condition of being overfished.
  ``(B) For each fishery that is subject to a fishery management plan, 
the status of the fishery shall be determined for purposes of 
subparagraph (A) in accordance with the determination of what 
constitutes overfishing in the fishery included in the plan under 
section 303(a)(10).
  ``(C) The Secretary shall identify a fishery under subparagraph (A) 
as approaching a condition of being overfished if, based on trends in 
fishing effort, fishery resource size, and other appropriate factors, 
the Secretary determines that the fishery is likely to become 
overfished within 2 years.
  ``(D) For any fishery that the Secretary identifies under 
subparagraph (A) as approaching the condition of being overfished, the 
report shall--
          ``(i) estimate the time frame within which the fishery will 
        reach that condition; and
          ``(ii) make specific recommendations to the appropriate 
        Council regarding actions that should be taken to prevent that 
        condition from being reached.''.
  (f) Action on Certain Implementing Regulations Proposed by 
Councils.--Section 304 (16 U.S.C. 1854) is further amended by adding at 
the end the following:
  ``(j) Action on Covered Implementing Regulations Proposed by a 
Council.--(1) After the receipt date of a covered implementing 
regulation submitted by a Council, the Secretary shall--
          ``(A) immediately commence a review of the covered 
        implementing regulation to determine whether it is consistent 
        with the fishery management plan it would implement, the 
        national standards, the other provisions of this Act, and any 
        other applicable law; and
          ``(B) immediately publish the covered implementing regulation 
        in the Federal Register and provide a period of not less than 
        15 days and not more than 45 days for the submission of 
        comments by the public.
  ``(2) Not later than 75 days after the receipt date of a covered 
implementing regulation submitted by a Council, the Secretary shall--
          ``(A) publish a final regulation on the subject matter of the 
        covered implementing regulation; or
          ``(B) decline to publish a final regulation.
``The Secretary shall provide to the Council in writing an explanation 
of the reasons for the Secretary's action.
  ``(3) For the purposes of this subsection, the term--
          ``(A) `receipt date' means the 5th day after the day on which 
        a Council submits to the Secretary a covered implementing 
        regulation that the Council characterizes as a final covered 
        implementing regulation; and
          ``(B) `covered implementing regulation'--
                  ``(i) means a proposed amendment to existing 
                regulations implementing a fishery management plan in 
                effect under this Act, which does not have the effect 
                of amending the plan; and
                  ``(ii) does not include any proposed regulation 
                submitted with a plan or amendment to a plan under 
                section 303(c).''.
  (g) Pacific Region Stock Assessment.--Section 304 (16 U.S.C. 1854) is 
further amended by adding at the end the following:
  ``(k) Pacific Region Stock Assessment.--(1) Not later than 120 days 
after the date of enactment of the Fishery Conservation and Management 
Amendments of 1995, the Secretary shall, in consultation with the 
Pacific Fishery Management Council and the States of California, 
Oregon, and Washington, establish a Pacific Region Scientific Review 
Group (in this subsection referred to as the `Group') consisting of 
representatives of the National Marine Fisheries Service, each of the 
States of California, Oregon, and Washington, universities located in 
those States, commercial and recreational fishermen and shore-based 
processors located in those States, and environmental organizations. 
Individuals appointed to serve on the Group shall be selected from 
among individuals who are knowledgeable or experienced in the 
harvesting, processing, biology, or ecology of the fish stocks of fish 
that are managed under the Pacific Fisheries Management Council Pacific 
Coast Groundfish Plan (in this subsection referred to as the `covered 
Pacific stocks').
  ``(2) Not later than 180 days after the date of establishment of the 
Group, the Group shall transmit to the Secretary a research plan of at 
least 3 years duration to assess the status of the covered Pacific 
stocks, including the abundance, location, and species, age, and gender 
composition of those stocks. The plan shall provide for the use of 
private vessels to conduct stock surveys.
  ``(3) Immediately upon receiving the plan transmitted under paragraph 
(2), the Secretary shall take action necessary to carry out the plan, 
including, subject to the availability of appropriations, chartering 
private vessels, arranging for the deployment of scientists on those 
vessels (including the payment of increased insurance costs to vessel 
owners), and obtaining the assistance of shore-based fish processors.
  ``(4) The Secretary may offset the cost of carrying out the plan by 
entering into agreements with vessel owners or shore-based fish 
processors to provide vessel owners or shore-based fish processors with 
a portion of the total allowable catch reserved for research purposes 
under section 303(b).''.

SEC. 11. EMERGENCY ACTIONS.

  Section 305(c) (16 U.S.C. 1855(c)) is amended--
          (1) in paragraph (2)(A), by inserting ``under section 
        302(b)(1)(A) and (C)'' after ``voting members'';
          (2) by amending paragraph (3)(B) to read as follows:
          ``(B) shall remain in effect for not more than 180 days after 
        the date of such publication, except that any such regulation 
        may, by agreement of the Secretary and the Council and after 
        notice and an opportunity for submission of comments by the 
        public, be effective for 1 additional period of not more than 
        180 days; and''; and
          (3) by adding at the end the following:
  ``(4) The Secretary may promulgate emergency regulations under this 
subsection to protect the public health. Notwithstanding paragraph (3), 
regulations promulgated under this paragraph shall remain in effect 
until withdrawn by the Secretary. The Secretary shall promptly withdraw 
regulations under this paragraph when the circumstances requiring the 
regulations no longer exist. The Secretary shall provide an opportunity 
for submission of comments by the public after regulations are 
promulgated under this paragraph.
  ``(5) An emergency regulation promulgated under this subsection that 
closes an area to fishing shall not remain in effect for an additional 
period under paragraph (3)(B) unless before the beginning of the 
additional period the Council having jurisdiction over the area, in 
conjunction with the Secretary, publishes a report on the status of the 
fishery in the area that includes an analysis of the costs and benefits 
of the closure.''.

SEC. 12. STATE JURISDICTION.

  (a) Reports.--Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
          (1) by striking ``and'' at the end of subparagraph (A);
          (2) by striking the period at the end of subparagraph (B) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(C) the owner or operator of the vessel submits to the 
        appropriate Council and the Secretary, in a manner prescribed 
        by the Secretary, periodic reports on the tonnage of fish 
        received from vessels of the United States and the locations 
        from which such fish were harvested.''.
  (b) State Authority.--Section 306(b) (16 U.S.C. 1856(b)) is amended 
by adding at the end the following:
  ``(3) For any fishery occurring off the coasts of Alaska for which 
there is no Federal fishery management plan approved and implemented 
pursuant to this Act, or pursuant to delegation to a State in a fishery 
management plan, a State may enforce its laws or regulations pertaining 
to the taking of fish in the exclusive economic zone off that State or 
the landing of fish caught in the exclusive economic zone providing 
there is a legitimate State interest in the conservation and management 
of that fishery, until a Federal fishery management plan is 
implemented. Fisheries currently managed pursuant to a Federal fishery 
management plan shall not be removed from Federal management and placed 
under State authority without the unanimous consent (except for the 
Regional Director of the National Marine Fisheries Service) of the 
Council which developed the fishery management plan.''.

SEC. 13. PROHIBITED ACTS.
  (a) Prohibition on Damaging Gear.--Section 307(1)(K) (16 U.S.C. 
1857(1)(K)) is amended by striking ``to knowingly steal, or without 
authorization, to'' and inserting ``to steal, or to negligently''.
  (b) Failure To Disclose Financial Information.--Section 307(1) (16 
U.S.C. 1857(1)) is amended--
          (1) by striking ``or'' at the end of subparagraph (M);
          (2) by striking the period at the end of subparagraph (N) and 
        inserting ``; or''; and
          (3) by adding at the end the following:
                  ``(O) to knowingly and willfully fail to disclose or 
                falsely disclose any financial interest as required 
                under section 302(k) or to knowingly violate any rule 
                established under section 302(k)(8).''.
  (c) Prohibited Fishing.--
          (1) In general.--Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is 
        amended to read as follows:
                  ``(B) in fishing, except recreational fishing 
                permitted under section 201(j), within the exclusive 
                economic zone or within the special areas, or for any 
                anadromous species or Continental Shelf fishery 
                resources beyond such zone or areas, or in fishing 
                consisting of transporting fish products from a point 
                within the boundaries of any State or the exclusive 
                economic zone or the special areas, unless such fishing 
                is authorized under, and conducted in accordance with, 
                a valid and applicable permit issued under section 204, 
                except that this subparagraph shall not apply to 
                fishing within the special areas 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; or''.
          (2) Conforming amendment.--Section 301(h)(2)(A) 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. 64), is repealed.

SEC. 14. HAROLD SPARCK BERING SEA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

  Section 313 (16 U.S.C. 1862) is amended by adding at the end the 
following new subsection:
  ``(f) Bering Sea Community Development Quota Program.--(1) The North 
Pacific Fishery Management 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 western Alaska communities that participate in the 
program.
  ``(2) To be eligible to participate in the western Alaska community 
development quota program under paragraph (1), a community must--
          ``(A) 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;
          ``(B) not be located on the Gulf of Alaska coast of the north 
        Pacific Ocean;
          ``(C) meet criteria developed by the Governor of Alaska, 
        approved by the Secretary, and published in the Federal 
        Register;
          ``(D) be certified by the Secretary of the Interior pursuant 
        to the Alaska Native Claims Settlement Act to be a Native 
        village;
          ``(E) consist of residents who conduct more than one-half of 
        their current commercial or subsistence fishing effort in the 
        waters of the Bering Sea and Aleutian Islands management area; 
        and
          ``(F) not have previously developed harvesting or processing 
        capability sufficient to support substantial participation in 
        the groundfish fisheries in the Bering Sea, unless the 
        community can show that the benefits from an approved Community 
        Development Plan would be the only way for the community to 
        realize a return from previous investments.''.

SEC. 15. OBSERVERS.

  Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end 
the following:

``SEC. 315. RIGHTS OF OBSERVERS.

  ``(a) Civil Action.--An observer on a vessel (or the observer's 
personal representative) under the requirements of this Act or the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) that is 
ill, disabled, injured, or killed from service as an observer on that 
vessel may not bring a civil action under any law of the United States 
for that illness, disability for that illness, disability, injury, or 
death against the vessel or vessel owner, except that a civil action 
may be brought against the vessel owner for the owner's willful 
misconduct.
  ``(b) Exception.--Subsection (a) does not apply if the observer is 
engaged by the owner, master, or individual in charge of a vessel to 
perform any duties in service to the vessel.''.

SEC. 16. INDIVIDUAL QUOTA LIMITED ACCESS PROGRAMS.

  (a) Authority To Establish Individual Quota Systems.--Section 
303(b)(6) (16 U.S.C. 1853(b)(6)) is amended to read as follows:
          ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yields, if--
                  ``(A) in developing such system, the Councils and the 
                Secretary take into account--
                          ``(i) the need to promote conservation;
                          ``(ii) present participation in the fishery,
                          ``(iii) historical fishing practices in, and 
                        dependence on, the fishery,
                          ``(iv) the economics of the fishery,
                          ``(v) the capability of fishing vessels used 
                        in the fishery to engage in other fisheries,
                          ``(vi) the cultural and social framework 
                        relevant to the fishery and local coastal 
                        communities, and
                          ``(vii) any other relevant considerations; 
                        and
                  ``(B) in the case of such a system that provides for 
                the allocation and issuance of individual quotas (as 
                that term is defined in subsection (g)), the plan 
                complies with subsection (g).''.
  (b) Requirements.--Section 303 is further amended by adding at the 
end the following new subsection:
  ``(g) Special Provisions for Individual Quota Systems.--(1) A fishery 
management plan which establishes an individual quota system for a 
fishery--
          ``(A) shall provide for administration of the system by the 
        Secretary in accordance with the terms of the plan;
          ``(B) shall not create, or be construed to create, any right, 
        title, or interest in or to any fish before the fish is 
        harvested;
          ``(C) shall include provisions which establish procedures and 
        requirements for each Council having authority over the 
        fishery, for--
                  ``(i) reviewing and revising the terms of the plan 
                that establish the system; and
                  ``(ii) renewing, reallocating, and reissuing 
                individual quotas if determined appropriate by each 
                Council;
          ``(D) shall include provisions to--
                  ``(i) provide for fair and equitable allocation of 
                individual quotas under the system, and minimize 
                negative social and economic impacts of the system on 
                local coastal communities;
                  ``(ii) ensure adequate enforcement of the system, 
                including the use of observers where appropriate; and
                  ``(iii) provide for monitoring the temporary or 
                permanent transfer of individual quotas under the 
                system; and
          ``(E) include provisions that prevent any person from 
        acquiring an excessive share of individual quotas issued for a 
        fishery.
  ``(2) An individual quota issued under an individual quota system 
established by a fishery management plan--
          ``(A) shall be considered a grant, to the holder of the 
        individual quota, of permission to engage in activities 
        permitted by the individual quota;
          ``(B) may be revoked or limited at any time by the Secretary 
        or the Council having authority over the fishery for which it 
        is issued, if necessary for the conservation and management of 
        the fishery (including as a result of a violation of this Act 
        or any regulation prescribed under this Act);
          ``(C) if revoked or limited by the Secretary or a Council, 
        shall not confer any right of compensation to the holder of the 
        individual quota;
          ``(D) may be received, held, or transferred in accordance 
        with regulations prescribed by the Secretary under this Act;
          ``(E) shall, except in the case of an individual quota 
        allocated under an individual quota system established before 
        the date of enactment of the Fishery Conservation and 
        Management Amendments of 1995, expire not later than 7 years 
        after the date it is issued, in accordance with the terms of 
        the fishery management plan; and
          ``(F) upon expiration under subparagraph (E), may be renewed, 
        reallocated, or reissued if determined appropriate by each 
        Council having authority over the fishery.
  ``(3)(A) Except as provided in subparagraphs (B) and (C), any fishery 
management plan that establishes an individual quota system for a 
fishery may authorize individual quotas to be held by or issued under 
the system to fishing vessel owners, fishermen, crew members, other 
persons as specified by the Council, and United States fish processors.
  ``(B) An individual who is not a citizen of the United States may not 
hold an individual quota issued under a fishery management plan.
  ``(C) A Federal agency or official may not hold, administer, or 
reallocate an individual quota issued under a fishery management plan, 
other than the Secretary and the Council having authority over the 
fishery for which the individual quota is issued.
  ``(4) Any fishery management plan that establishes an individual 
quota system for a fishery may include provisions that--
          ``(A) allocate individual quotas under the system among 
        categories of vessels; and
          ``(B) provide a portion of the annual harvest in the fishery 
        for entry-level fishermen, small vessel owners, or crewmembers 
        who do not hold or qualify for individual quotas.
  ``(5) An individual quota system established for a fishery may be 
limited or terminated at any time by the Secretary or through a fishery 
management plan or amendment developed by the Council having authority 
over the fishery for which it is established, if necessary for the 
conservation and management of the fishery.
  ``(6) As used in this subsection:
          ``(A) The term `individual quota system' means a system that 
        limits access to a fishery in order to achieve optimum yields, 
        through the allocation and issuance of individual quotas.
          ``(B) The term `individual quota' means a grant of permission 
        to harvest or process a quantity of fish in a fishery, during 
        each fishing season for which the permission is granted, equal 
        to a stated percentage of the total allowable catch for the 
        fishery.''.
  (c) Fees.--Section 304(d) is amended--
          (1) by inserting ``(1)'' before ``The Secretary shall''; and
          (2) by adding at the end the following new paragraph:
  ``(2)(A) Notwithstanding paragraph (1), the Secretary shall collect 
from a person that holds or transfers an individual quota issued under 
a limited access system established under section 303(b)(6) fees 
established by the Secretary in accordance with this section and 
section 9701(b) of title 31, United States Code.
  ``(B) The fees required to be established and collected by the 
Secretary under this paragraph are the following:
          ``(i) An initial allocation fee in an amount, determined by 
        the Secretary, equal to 1 percent of the value of fish 
        authorized to be harvested in one year under an individual 
        quota, which shall be collected from the person to whom the 
        individual quota is first issued.
          ``(ii) An annual fee in an amount, determined by the 
        Secretary, not to exceed 4 percent of the value of fish 
        authorized to be harvested each year under an individual quota 
        share, which shall be collected from the holder of the 
        individual quota share.
          ``(iii) A transfer fee in an amount, determined by the 
        Secretary, equal to 1 percent of the value of fish authorized 
        to be harvested each year under an individual quota share, 
        which shall be collected from a person who permanently 
        transfers the individual quota share to another person.
  ``(C) In determining the amount of a fee under this paragraph, the 
Secretary shall ensure that the amount is commensurate with the cost of 
managing the fishery with respect to which the fee is collected, 
including reasonable costs for salaries, data analysis, and other costs 
directly related to fishery management and enforcement.
  ``(D) The Secretary, in consultation with the Councils, shall 
promulgate regulations prescribing the method of determining under this 
paragraph the value of fish authorized to be taken under an individual 
quota share, the amount of fees, and the method of collecting fees.
  ``(E) Fees collected under this paragraph from holders of individual 
quotas in a fishery shall be an offsetting collection and shall be 
available to the Secretary only for the purposes of administering and 
implementing this Act with respect to that fishery.
  ``(F) The Secretary may not assess or collect any fee under this 
paragraph with respect to an individual quota system established before 
the date of enactment of the Fishery Conservation and Management 
Amendments of 1995, during the 5-year period beginning on that date of 
enactment.''.
  (d) Approval of Fishery Management Plans Establishing Individual 
Quota Systems.--Section 304 (16 U.S.C. 1854) is further amended by 
adding after subsection (k) (as added by section 10 of this Act) the 
following new subsection:
  ``(l) Action on Limited Access Systems.--(1) In addition to the other 
requirements of this Act, the Secretary may not approve a fishery 
management plan that establishes a limited access system that provides 
for the allocation of individual quotas (in this subsection referred to 
as an `individual quota system') unless the plan complies with section 
303(g).
  ``(2) Within 1 year after receipt of recommendations from the review 
panel established under paragraph (3), the Secretary shall issue 
regulations which establish requirements for establishing an individual 
quota system. The regulations shall be developed in accordance with the 
recommendations. The regulations shall--
          ``(A) specify factors that shall be considered by a Council 
        in determining whether a fishery should be managed under an 
        individual quota system;
          ``(B) ensure that any individual quota system is consistent 
        with the requirements of sections 303(b) and 303(g), and 
        require the collection of fees in accordance with subsection 
        (d)(2);
          ``(C) provide for appropriate penalties for violations of 
        individual quotas systems, including the revocation of 
        individual quotas for such violations;
          ``(D) include recommendations for potential management 
        options related to individual quotas, including the 
        authorization of individual quotas that may not be transferred 
        by the holder, and the use of leases or auctions by the Federal 
        Government in the establishment or allocation of individual 
        quotas; and
          ``(E) establish a central lien registry system for the 
        identification, perfection, and determination of lien 
        priorities, and nonjudicial foreclosure of encumbrances, on 
        individual quotas.
  ``(3)(A) Not later than 6 months after the date of the enactment of 
the Fishery Conservation and Management Amendments of 1995, the 
Secretary shall establish a review panel to evaluate fishery management 
plans in effect under this Act that establish a system for limiting 
access to a fishery, including individual quota systems, and other 
limited access systems, with particular attention to--
          ``(i) the success of the systems in conserving and managing 
        fisheries;
          ``(ii) the costs of implementing and enforcing the systems;
          ``(iii) the economic effects of the systems on local 
        communities; and
          ``(iv) the use of limited access systems under which 
        individual quotas may not be transferred by the holder, and the 
        use of leases or auctions in the establishment or allocation of 
        individual quota shares.
  ``(B) The review panel shall consist of--
          ``(i) the Secretary or a designee of the Secretary;
          ``(ii) a representative of each Council, selected by the 
        Council;
          ``(iii) 3 representatives of the commercial fishing and 
        processing industry; and
          ``(iv) one at large representative who is selected by reason 
        of occupational or other experience, scientific expertise, or 
        training, and who is knowledgeable regarding the conservation 
        and management or the commercial or recreational harvest of 
        fishery resources.
  ``(C) Based on the evaluation required under subparagraph (A), the 
review panel shall, by September 30, 1997, submit recommendations--
          ``(i) to the Councils and the Secretary with respect to the 
        revision of individual quota systems that were established 
        under this Act prior to June 1, 1995; and
          ``(ii) to the Secretary for the development of the 
        regulations required under paragraph (2).''.
  (e) Restriction on New Individual Quota Systems Pending 
Regulations.--
          (1) Restriction.--The Secretary of Commerce may not approve 
        any covered quota system plan, and no covered quota system plan 
        shall take effect, under title III of the Magnuson Fishery 
        Conservation and Management Act before the effective date of 
        regulations issued by the Secretary under section 304(l) of 
        that Act, as added by subsection (d).
          (2) Covered quota system plan defined.--In this subsection, 
        the term ``covered quota system plan'' means a fishery 
        management plan or amendment to a fishery management plan, 
        that--
                  (A) proposes establishment of an individual quota 
                system (as that term is used in section 303 of the 
                Magnuson Fishery Conservation and Management Act, as 
                amended by subsection (a) of this section); and
                  (B) is submitted to the Secretary after May 1, 1995.
SEC. 17. FISHING CAPACITY REDUCTION PROGRAMS.

  (a) In General.--Title III (16 U.S.C. 1851 et seq.) is further 
amended by adding after section 315 (as added by section 15 of this 
Act) the following new section:

``SEC. 316. FISHING CAPACITY REDUCTION PROGRAMS.

  ``(a) Authority to Conduct Program.--The Secretary, with the 
concurrence of the Council having authority over a fishery, may conduct 
a voluntary fishing capacity reduction program for a fishery in 
accordance with this section, if--
          ``(1) the Secretary--
                  ``(A) determines that the program is necessary for 
                rebuilding, preventing overfishing, or generally 
                improving conservation and management of the fishery; 
                or
                  ``(B) is requested to do so by the Council with 
                authority over the fishery; and
          ``(2) there is in effect under section 304 a fishery 
        management plan that--
                  ``(A) limits access to the fishery through a Federal 
                fishing permit required by a limited access system 
                established under section 303(b)(6); and
                  ``(B) prevents the replacement of fishing capacity 
                eliminated by the program through--
                          ``(i) a moratorium on the issuance of new 
                        Federal fishing permits for the duration of the 
                        repayment period; and
                          ``(ii) restrictions on fishing vessel 
                        capacity upgrading.
  ``(b) Program Requirements.--Under a fishing capacity reduction 
program conducted under this section for a fishery, the Secretary 
shall--
          ``(1) seek to permanently reduce the maximum effective 
        fishing capacity at the least cost and in the shortest period 
        of time through the removal of vessels and permits from the 
        fishery;
          ``(2) make payments to--
                  ``(A) scrap or otherwise render permanently unusable 
                for fishing in the United States, vessels that operate 
                in the fishery; and
                  ``(B) acquire the Federal fishing permits that 
                authorize participation in the fishery;
          ``(3) provide for the funding of those payments by persons 
        that participate in the fishery, by establishing and imposing 
        fees on holders of Federal fishing permits under this Act that 
        authorize that participation;
          ``(4) establish criteria for determining the types of vessels 
        and permits which are eligible to participate in the program, 
        that--
                  ``(A) assess vessel impact on the fishery;
                  ``(B) minimize program costs; and
                  ``(C) take into consideration--
                          ``(i) previous fishing capacity reduction 
                        programs; and
                          ``(ii) the characteristics of the fishery;
          ``(5) establish procedures for determining the amount of 
        payments under paragraph (1); and
          ``(6) identify sources of funding for the program in addition 
        to the amounts referred to in subsection (f)(2)(A), (B), (C), 
        and (D).
  ``(c) Payments.--
          ``(1) In general.--As part of a fishing capacity reduction 
        program under this section, and subject to paragraph (2) the 
        Secretary shall make payments under subsection (b)(2).
          ``(2) Establishment of fee required.--The Secretary may not 
        make any payment under paragraph (1) for a fishery unless there 
        is in effect for the fishery a fee under subsection (d).
          ``(3) Limitation on total amount of payments for fishery.--
        The total amount of payments under paragraph (1) for a fishery 
        may not exceed the total amount the Secretary projects will be 
        deposited into the Fund from fees that apply to the fishery 
        under subsection (d).
  ``(d) Fees.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary, with the concurrence of a majority of the 
        voting members of a Council having authority over a fishery for 
        which a fishing capacity reduction program is conducted under 
        this section, may establish an annual fee on holders of Federal 
        fishing permits authorizing participation in the fishery.
          ``(2) Amount of fee.--The amount of a fee established under 
        this subsection for a fishery described in paragraph (1)--
                  ``(A) shall be adequate to ensure that the total 
                amount collected in the form of the fee will not be 
                less than the amount the Secretary determines is 
                necessary for payments under subsection (b)(2) to 
                reduce fishing capacity in the fishery to a level that 
                will ensure the long-term health of the fishery;
                  ``(B) shall be based on--
                          ``(i) the value of the fishery;
                          ``(ii) the projected number of participants 
                        in the fishery;
                          ``(iii) the projected catch in the fishery; 
                        and
                          ``(iv) the direct costs of implementing a 
                        fishing capacity reduction program under this 
                        section for the fishery; and
                  ``(C) may not exceed, for any permit holder, 5 
                percent of the value of fish harvested under the permit 
                each year.
          ``(3) Effective period.--A fee under this subsection may not 
        be in effect for more than 15 years.
          ``(4) Use of amounts received.--Amounts received by the 
        United States as fees under this subsection--
                  ``(A) shall be deposited into the Fund; and
                  ``(B) may not be used to pay any administrative 
                overhead or other costs not directly incurred in 
                implementing this section with respect to the fishery.
  ``(e) Advisory Panels.--
          ``(1) In general.--The Secretary shall establish for each 
        fishery for which a fishing capacity reduction program is 
        conducted under this section an advisory panel to advise the 
        Secretary regarding that program.
          ``(2) Membership.--Each advisory panel under this subsection 
        shall consist of individuals appointed by the Secretary and 
        shall include representatives of--
                  ``(A) the Department of Commerce,
                  ``(B) Councils having authority over fisheries for 
                which the panel is established,
                  ``(C) appropriate sectors of the fishing industry 
                affected by fishing capacity reduction programs under 
                this sections, and
                  ``(D) appropriate States affected by such programs.
  ``(f) Fisheries Conservation and Restoration Fund.--
          ``(1) Establishment.--There is established in the Treasury of 
        the United States a separate account which shall be known as 
        the Fisheries Conservation and Restoration Fund (in this 
        section referred to as the `Fund').
          ``(2) Deposits into the fund.--There shall be deposited into 
        the Fund--
                  ``(A) amounts appropriated 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)), popularly known as the 
                Saltonstall-Kennedy Act;
                  ``(B) amounts paid to the United States Government as 
                fees established under subsection (d);
                  ``(C) any other amounts appropriated for fisheries 
                disaster that the Secretary determines should be used 
                for fishing capacity reduction programs under this 
                section; and
                  ``(D) any other amounts appropriated for making 
                payments under subsection (b)(2).
          ``(3) Availability.--
                  ``(A) In general.--Amounts in the Fund shall be 
                available to the Secretary without fiscal year 
                limitation for making payments under subsection (b)(2).
                  ``(B) Management of unneeded balance.--Amounts in the 
                Fund that are not currently needed for the purposes of 
                this section shall be invested in obligations of, or 
                guaranteed by, the United States.
  ``(g) Expiration of Acquired Permits.--Permits acquired by the 
Secretary under subsection (b)(2)(B)--
          ``(1) shall not be effective after the date of that 
        acquisition; and
          ``(2) may not be reissued or replaced.''.
  (b) Use of Amounts Transferred Under Saltonstall-Kennedy Act.--
Section 2(b)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-3(b)(1)), 
popularly known as the Saltonstall-Kennedy Act, is amended in 
subparagraph (A) by striking ``and'' after the semicolon at the end of 
clause (ii), by striking the period at the end of clause (iii) and 
inserting ``; and'', and by adding at the end the following new clause:
                  ``(iv) to fund fishing capacity reduction programs 
                under section 316 of the Magnuson Fishery Conservation 
                and Management Act, by depositing a portion of amounts 
                transferred into the Fisheries Conservation and 
                Restoration Fund established by that section; and''.
SEC. 18. CONSIDERATION OF ABILITY TO PAY PENALTIES.

  Section 308(a) (16 U.S.C. 1858(a)) is amended--
          (1) in the last sentence by striking ``ability to pay,''; and
          (2) by adding at the end the following new sentence: ``In 
        assessing such penalty, the Secretary may also consider facts 
        relating to the ability of the violator to pay that are 
        established by the violator in a timely manner.''.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Title IV (90 Stat. 359-361) is amended to read as 
follows:

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to the Secretary, for 
carrying out this Act, the following:
          ``(1) $114,000,000 for fiscal year 1996.
          ``(2) $118,000,000 for fiscal year 1997.
          ``(3) $122,000,000 for fiscal year 1998.
          ``(4) $126,000,000 for fiscal year 1999.
          ``(5) $130,000,000 for fiscal year 2000.''.
  (b) Clerical Amendment.--The table of contents in the first section 
of the Magnuson Fishery Conservation and Management Act is amended by 
striking the items relating to title IV (including the items relating 
to the sections in that title) and inserting the following:
                  ``TITLE IV--MISCELLANEOUS PROVISIONS

``Sec. 401. Authorization of appropriations.''.
SEC. 20. TECHNICAL CORRECTIONS.

  (a) Correction.--Section 304 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. 65), 
is repealed.
  (b) Conforming Amendment.--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 outer 
                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. 21. CLERICAL AMENDMENTS.

  The Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.) is amended by striking ``Committee on Merchant Marine and 
Fisheries'' each place it appears and inserting ``Committee on 
Resources''.

SEC. 22. PROVISIONS RELATING TO GULF OF MEXICO.

  (a) Fishery Assessments.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended by adding at the end the following new paragraph:
  ``(5) The Secretary shall develop and implement a systematic program 
for the assessment and annual reporting to the public of the status of 
fisheries in the Gulf of Mexico subject to management under this Act. 
Such program shall--
          ``(A) provide for the use of peer-review panels consisting of 
        independent and external experts;
          ``(B) not exclude peer-reviewers merely because they 
        represent entities that may have an interest or potential 
        interest in the outcome, if that interest is fully disclosed to 
        the Secretary;
          ``(C) provide opportunity to become part of a peer-review 
        panel at a minimum by soliciting nominations through the 
        Federal Register; and
          ``(D) ensure that all comment and opinions of such peer-
        review panels are made available to the public.''.
  (b) Fishery Monitoring.--Section 304 (16 U.S.C. 1854) is further 
amended by adding at the end the following new subsection:
  ``(m) Fishery Monitoring.--(1) The Secretary shall develop a plan for 
the Gulf of Mexico region to collect, assess, and report statistics 
concerning the fisheries in each such region.
  ``(2) The plan under this subsection shall--
          ``(A) provide fishery managers and the public with timely and 
        accurate information concerning harvests and fishing effort;
          ``(B) minimize paperwork and regulatory burdens on fishermen 
        and fish buyers;
          ``(C) minimize costs to Federal and State agencies;
          ``(D) avoid duplication and inconsistencies in the 
        collection, assessment, and reporting of fishery statistics; 
        and
          ``(E) ensure the confidentiality of information.
  ``(3) The Secretary shall ensure that fishermen, fish buyers, and 
other individuals potentially impacted by the plan required under this 
subsection are actively involved in all stages of the development of 
such plan and that appropriate fishery management agencies are 
consulted.
  ``(4) No later than 9 months after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the Secretary 
shall publish notice of a proposed plan required under this subsection 
and provide the public with a reasonable opportunity to comment on such 
proposed plan. The Secretary shall consider such comments before 
submitting the plan under paragraph (5).
  ``(5) No later than one year after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the Secretary 
shall submit a final plan under this subsection to the Committee on 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.''.
  (c) Gulf of Mexico Red Snapper Stock Management Study.--
          (1) In general.--The Secretary of Commerce shall have an 
        independent analysis conducted that will evaluate--
                  (A) the methods, data, and models used to assess the 
                status of Gulf of Mexico red snapper stock assessments;
                  (B) the effectiveness of the fishery management plan 
                in effect under the Magnuson Fishery Conservation and 
                Management Act that applies to Gulf of Mexico red 
                snapper, in terms of the appropriateness of the 
                management goal and time frame given the available 
                biological data; and
                  (C) regulations in effect under that Act that apply 
                to Gulf of Mexico red snapper, in the terms of the 
                effectiveness of fairly controlling fishing mortality.
          (2) Study requirements.--The study shall--
                  (A) assess all alternatives that could provide a more 
                balanced and practical approach to managing the red 
                snapper fishery in the Gulf of Mexico;
                  (B) involve commercial and recreational fishermen 
                from the Gulf of Mexico in the collection of data and 
                information and in the development of an accurate 
                assessment plan; and
                  (C) be completed and reported to the Congress and the 
                Gulf of Mexico Fishery Management Council within 1 year 
                after the date of the enactment of this Act.
          (3) Use of report.--It is expected for the report on the 
        study under this subsection to be used as the foundation for 
        any future management of red snapper in the Gulf of Mexico by 
        the Gulf of Mexico Fishery Management Council or the National 
        Marine Fisheries Service (or both). It is also expected that 
        the Council will suspend the implementation of any individual 
        fishing quota plan for red snapper in the Gulf of Mexico until 
        the study is completed and until the Secretary of Commerce has 
        completed standards or guidelines.
          (4) Limited immunity.--Individuals providing credible 
        information to receive the most accurate assessments shall not 
        be subject to any catch reporting violations.
SEC. 23. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE ORGANIZATIONS.

  (a) Study.--The Secretary of Commerce shall conduct a study of the 
contribution of bycatch to charitable organizations by commercial 
fishermen. The study shall include determination of--
          (1) the amount of bycatch that is contributed each year to 
        charitable organizations by commercial fishermen;
          (2) the economic benefits to commercial fisherman from those 
        contributions; and
          (3) the impact on fisheries of the availability of those 
        benefits.
  (b) Report.--Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Commerce shall submit to the Congress a 
report containing determinations made in the study under subsection 
(a).
  (c) Bycatch Defined.--In this section the term ``bycatch'' has the 
meaning given that term in section 3(34) of the Magnuson Fishery 
Conservation and Management Act, as amended by section 4 of this Act.
                          Purpose of the Bill

    The purpose of H.R. 39 is to authorize appropriations to 
carry out the objectives and provisions of the Magnuson Fishery 
Conservation and Management Act of 1976 (Magnuson Act) through 
Fiscal Year 2000 and for other purposes.

                  Background and Need for Legislation

    The primary goals of the Magnuson Act are the conservation 
and management of the U.S. fishery resources, development of 
the U.S. domestic fisheries, and the phase-out of foreign 
fishing activities within the 200-mile fisheries conservation 
zone adjacent to the U.S. coastline. This area became known as 
the Exclusive Economic Zone (EEZ) following a 1983 proclamation 
by President Reagan. The Magnuson Act was last authorized and 
amended in 1990 (Public Law 101-627). The current authorization 
expired on September 30, 1993. The Act is administered by the 
Secretary of Commerce, acting through the National Marine 
Fisheries Service (NMFS) of the National Oceanic and 
Atmospheric Administration (NOAA). Fishery Management Plans are 
developed for each species of fish by eight Regional Fishery 
Management Councils, comprised of Federal, State and commercial 
and recreational fishing representatives.
    This reauthorization of the Magnuson Act represents more 
than two years of work and more than a dozen hearings both in 
Washington, D.C. and across the country. It also represents a 
bi-partisan effort to promote sound management and conservation 
measures; to address the problems in the U.S. fisheries and 
maintain sustainable harvest levels; and to address the impacts 
on local coastal communities that are dependent on fishing for 
their economic and social identities.
    The Committee heard testimony that fishery resources are 
declining worldwide. The effects of declining stocks impact not 
only the ecosystems which produce food for the people of this 
country, but also can have a negative effect on the social and 
economic identity of communities which have a historic 
dependence on fisheries.
    As a result of these hearings the Committee identified 
several key areas of concern to be addressed in this 
legislation: bycatch reduction, habitat protection, 
identification and protection of stocks nearing an overfished 
condition, the rebuilding of overfished stocks, reform of 
Fishery Management Councils and disclosure requirements for 
Council members, establishment of the Bering Sea Community 
Development Quota Program, establishment of guidelines for 
limited access management systems, and a program for fishing 
capacity reduction.

                            Committee Action

    H.R. 39 was introduced on January 4, 1995, by Chairman 
Young of Alaska. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries, Wildlife and Oceans.
    On February 23, 1995, the Subcommittee held a hearing on 
H.R. 39, where a wide range of views were expressed on the 
Magnuson Act in general and the specific provisions of H.R. 39. 
Numerous other hearings on the reauthorization of the Magnuson 
Act were held in the 103rd Congress by the former Committee on 
Merchant Marine and Fisheries.
    On May 10, 1995, the Full Committee met to mark up H.R. 39. 
The Subcommittee on Fisheries, Wildlife and Oceans was 
discharged from further consideration of the bill, and Chairman 
Young offered an amendment in the nature of a substitute to the 
bill to be considered as original text for purposes of 
amendment.
    An en bloc amendment was offered by Chairman Young and 
Congressman Studds to make technical and clarifying 
corrections. The amendment was adopted by voice vote.
    Chairman Young then offered an amendment to stipulate that 
the North Pacific Fishery Management Council shall require all 
fish processors, whether onshore or offshore, to weigh their 
harvest to ensure more accurate measurement of the fish by 
species. A substitute amendment to the Young amendment was 
offered by Congressman Metcalf to require that the North 
Pacific Fishery Management Council ensure an accurate 
measurement of the total harvest of each species by fish 
processors. The Metcalf amendment was defeated by voice vote, 
and the Young amendment was adopted by voice vote.
    Chairman Young offered an amendment authorizing the State 
of Alaska to enforce its laws or regulations for a fishery in 
Federal waters in cases where no Federal or State (for 
fisheries where the North Pacific Fishery Management Council 
has delegated management authority to the State) Fishery 
Management Plan exists, and if there is a legitimate State 
interest in the conservation and management of the fishery. 
This authority would exist only until a Federally-approved Plan 
could be implemented. During discussion of the amendment, 
Congressman Studds expressed concern that extension of State 
management authority to 200 miles could cause problems. 
Chairman Young agreed that if language could be developed to 
authorize interim Plans or other solutions where no Federal 
Fishery Management Plan exists, the language of the amendment 
would be changed at an appropriate time. The amendment was then 
adopted by voice vote.
    Congressman Saxton offered an amendment to exempt highly 
migratory species managed by the Secretary of Commerce under 
the Magnuson Act from provisions of the bill dealing with 
overfishing. After discussion, the amendment was withdrawn.
    Congressman Saxton then offered an amendment to promote 
international conservation of Atlantic highly migratory 
species; minimize the establishment of regulations which 
require the discard of Atlantic highly migratory species; and 
promote scientific research, including tag and release 
programs, for Atlantic highly migratory species. The amendment 
was adopted by voice vote.
    Congressman Saxton offered an amendment to require the 
approval of any advisory committee appointed under any law 
implementing a relevant international fishery agreement to 
which the United States is a party before the Secretary of 
Commerce may develop a limited access system in a Management 
Plan for an Atlantic highly migratory fishery. The amendment 
was adopted by voice vote.
    Congressman Jones offered an amendment to increase the 
membership of the Mid-Atlantic Fishery Management Council from 
19 to 21 by providing the State of North Carolina with two 
seats. The amendment was adopted by voice vote.
    Congressman Gilchrest offered an amendment to change the 
definition of ``optimum'' as used in the term ``optimum yield'' 
to prohibit Fishery Management Councils from allowing fish to 
be harvested at a rate that exceeds maximum sustainable yield. 
The amendment failed by voice vote.
    Congressman Gilchrest offered an amendment to require 
Councils, when setting harvest rates, to provide a margin of 
safety that would ensure a level of fishing consistent with 
maximum sustainable yield in cases when there is an uncertainty 
in the science being used to determine the status of the fish 
population or bycatch levels. The amendment was defeated by 
voice vote.
    Congressman Gilchrest offered an amendment to authorize a 
system of fees to pay for the costs of an observer program 
mandated by a Regional Fishery Management Council. This fee 
system shall equitably treat all fishing and fish processing 
vessels. The amendment was adopted by voice vote.
    Congressman DeFazio offered an amendment to reduce the 
sunset period for shares issued in any new Individual 
Transferable Quotas (ITQ) systems from ten years to seven 
years. The amendment was adopted by voice vote.
    Congressman DeFazio offered an amendment to require the 
Secretary of Commerce, within one year, to submit to Congress a 
study and report on the contribution of bycatch by commercial 
fishermen to charitable organizations. The amendment was 
adopted by voice vote.
    Congressman DeFazio offered an amendment to require the use 
of observers in a fishery managed under an individual quota 
system on all vessels which can safely accommodate them and to 
require that fish processing vessels carry adequate observers 
to ensure that fishing operations are monitored 24 hours a day. 
The amendment was withdrawn.
    Congressman Torkildsen offered an amendment to require that 
before an emergency closure can be extended in a fishery, the 
Council of jurisdiction, with the Secretary of Commerce, must 
publish a report on the status of the fishery, including an 
analysis of the costs and benefits associated with the closure. 
The amendment was adopted by voice vote.
    Congressman Torkildsen offered an amendment to require that 
any fishery impact statement required by the Secretary of 
Commerce in implementing an approved Fishery Management Plan be 
submitted to the Governor of any affected State and appropriate 
Congressional committees. The amendment was adopted by voice 
vote.
    Congresswoman Smith of Washington offered an amendment to 
establish a Pacific Region Scientific Review Group and require 
the Group to submit a three year research plan to assess the 
status of Pacific stocks. The amendment would require the 
Secretary of Commerce to take action to implement the plan. The 
amendment also allows the Secretary to enter into agreements 
with private vessels to charter vessels to assist in the 
research and to allow those vessels to land their catch to 
offset the costs of carrying out the plan. A portion of the 
total allowable catch may be reserved by the Pacific Fishery 
Management Council for research purposes. The amendment was 
adopted by voice vote.
    Congressman Metcalf offered an amendment to change the 
Community Development Quota (CDQ) program in the bill from a 
required to a discretionary authorization for the North Pacific 
Fishery Management Council. The amendment failed on voice vote.
    Congressman Metcalf offered an amendment to exempt the 
existing ITQ systems from the new statutory guidelines included 
in H.R. 39 unless the guidelines were adopted as a amendment to 
the Fishery Management Plan by the appropriate Council. It also 
clarified that restrictions which exist under current law on 
ITQ shares continue to apply to shares issued under existing 
Plans. These include the stipulation that shares are not a 
property right and the ability of a Council to amend or change 
an ITQ plan thereby changing the value of the shares. The 
amendment was withdrawn.
    Congressman Metcalf offered an amendment to strike the 
limited access review panel and require the Secretary of 
Commerce to issue regulations on ITQ systems within one year of 
date of enactment of this legislation. The amendment was 
defeated by voice vote.
    Delegate Underwood offered an amendment to allow the 
Secretary of State, with the Secretary of Commerce, and at the 
request of a Governor of a Pacific Insular Area, to negotiate a 
Pacific Insular Area Fishing Agreement (PIAFA) to authorize 
foreign fishing within the exclusive economic zone of the 
Pacific Insular Area. The amendment also authorized the 
collection of fees and enforcement mechanisms for the PIAFAs. 
This amendment was withdrawn.
    Congressman Ortiz on behalf of Congressman Tauzin offered 
an amendment to require the Secretary of Commerce to establish 
fishery assessment and monitoring programs for the Gulf of 
Mexico. The amendment established peer review requirements for 
evaluation of the fishery assessment and accompanying annual 
report. The amendment also required the fishery monitoring 
program to be developed, published, and submitted to the 
appropriate Congressional committees. The amendment was adopted 
by voice vote.
    Congressman Ortiz on behalf of Congressman Tauzin offered 
an amendment to require the Secretary of Commerce to implement 
an independent study in the stock assessment and management of 
the Gulf of Mexico red snapper fishery. It is expected that the 
Gulf of Mexico Fishery Management Council will use this study 
as the basis for future Management Plans and that no individual 
fishing quota plan will be implemented until the study has been 
completed and the Secretary has completed guidelines. The 
amendment was adopted by voice vote.
    Congressman Ortiz on behalf of Congressman Tauzin offered 
an amendment to require the Secretary of Commerce to complete a 
program to develop technological devices and other changes in 
the fishery to minimize incidental mortality of non-target 
fishery resources in the course of shrimp trawl activity; to 
evaluate the ecological impacts and the costs and benefits of 
these devices; and to assess whether it is practicable to 
utilize the non-target resources when the harvest is 
unavailable. The amendment bars the Secretary of Commerce from 
implementing any measures to reduce incidental mortality of 
non-target fishery resources in the shrimp trawl fishery until 
this program is submitted to Congress. The amendment was 
adopted on a roll call vote of 18-9, as follows:
    Rollcall No. 1.
    Bill No. H.R. 39.
    Short title--Magnuson Act.
    Amendment or matter voted on: Tauzin amendment No. 3.
    Total--Yeas 18; Nays 9.

----------------------------------------------------------------------------------------------------------------
                               Yeas     Nays    Present                                 Yeas     Nays    Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman).......        X  .......  ........  Mr. Miller.................  .......        X  ........
Mr. Hansen.................        X  .......  ........  Mr. Rahall.................  .......        X  ........
Mr. Saxton.................  .......  .......  ........  Mr. Vento..................  .......        X  ........
Mr. Gallegly...............  .......  .......  ........  Mr. Kildee.................  .......        X  ........
Mr. Duncan.................  .......  .......  ........  Mr. Williams...............  .......  .......  ........
Mr. Hefley.................        X  .......  ........  Mr. Gejdenson..............  .......  .......  ........
Mr. Doolittle..............  .......  .......  ........  Mr. Richardson.............  .......  .......  ........
Mr. Allard.................  .......  .......  ........  Mr. DeFazio................  .......        X  ........
Mr. Gilchrest..............  .......        X  ........  Mr. Faleomavaega...........  .......  .......  ........
Mr. Calvert................  .......  .......  ........  Mr. Johnson................  .......  .......  ........
Mr. Pombo..................        X  .......  ........  Mr. Abercrombie............  .......        X  ........
Mr. Torkildsen.............        X  .......  ........  Mr. Studds.................  .......        X  ........
Mr. Hayworth...............        X  .......  ........  Mr. Tauzin.................        X  .......  ........
Mr. Cremeans...............        X  .......  ........  Mr. Ortiz..................        X  .......  ........
Mrs. Cubin.................        X  .......  ........  Mr. Dooley.................        X  .......  ........
Mr. Cooley.................  .......  .......  ........  Mr. Romero-Barcelo.........  .......  .......  ........
Mrs. Chenoweth.............        X  .......  ........  Mr. Deal...................  .......  .......  ........
Mrs. Smith.................        X  .......  ........  Mr. Hinchey................  .......        X  ........
Mr. Radanovich.............  .......  .......  ........  Mr. Underwood..............  .......  .......  ........
Mr. Jones..................        X  .......  ........  Mr. Farr...................  .......  .......  ........
Mr. Thornberry.............        X  .......  ........  ...........................  .......  .......  ........
Mr. Hastings...............        X  .......  ........  ...........................  .......  .......  ........
Mr. Metcalf................        X  .......  ........  ...........................  .......  .......  ........
Mr. Longley................        X  .......  ........  ...........................  .......  .......  ........
Mr. Shadegg................  .......  .......  ........  ...........................  .......  .......  ........
----------------------------------------------------------------------------------------------------------------

    Congressman Tauzin offered an amendment to make 
discretionary a requirement in H.R. 39 that the Councils 
establish conservation and management measures to minimize 
adverse impacts on habitat caused by fishing as a part of 
Fishery Management Plans and modified the requirement by adding 
the phrase ``to the extent practicable.'' The amendment was 
adopted on a roll call vote of 14-9, as follows:
    Rollcall No. 2.
    Bill No. H.R. 39.
    Short title--Magnuson Act.
    Amendment or matter voted on: Tauzin amendment No. 4.
    Total--Yeas 14; Nays 9.

----------------------------------------------------------------------------------------------------------------
                            Yeas      Nays     Present                               Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)....        X   ........  .........  Mr. Miller..............  ........  ........  .........
Mr. Hansen..............        X   ........  .........  Mr. Rahall..............  ........        X   .........
Mr. Saxton..............  ........  ........  .........  Mr. Vento...............  ........        X   .........
Mr. Gallegly............  ........  ........  .........  Mr. Kildee..............  ........        X   .........
Mr. Duncan..............  ........  ........  .........  Mr. Williams............  ........  ........  .........
Mr. Hefley..............        X   ........  .........  Mr. Gejdenson...........  ........        X   .........
Mr. Doolittle...........  ........  ........  .........  Mr. Richardson..........  ........  ........  .........
Mr. Allard..............  ........  ........  .........  Mr. DeFazio.............  ........        X   .........
Mr. Gilchrest...........  ........  ........  .........  Mr. Faleomavaega........  ........  ........  .........
Mr. Calvert.............  ........  ........  .........  Mr. Johnson.............  ........  ........  .........
Mr. Pombo...............  ........  ........  .........  Mr. Abercrombie.........  ........        X   .........
Mr. Torkildsen..........  ........        X   .........  Mr. Studds..............  ........        X   .........
Mr. Hayworth............        X   ........  .........  Mr. Tauzin..............        X   ........  .........
Mr. Cremeans............        X   ........  .........  Mr. Ortiz...............        X   ........  .........
Mrs. Cubin..............        X   ........  .........  Mr. Dooley..............        X   ........  .........
Mr. Cooley..............  ........  ........  .........  Mr. Romero-Barcelo......  ........  ........  .........
Mrs. Chenoweth..........        X   ........  .........  Mr. Deal................  ........  ........  .........
Mrs. Smith..............        X   ........  .........  Mr. Hinchey.............  ........        X   .........
Mr. Radanovich..........  ........  ........  .........  Mr. Underwood...........  ........  ........  .........
Mr. Jones...............        X   ........  .........  Mr. Farr................  ........  ........  .........
Mr. Thornberry..........  ........  ........  .........  ........................  ........  ........  .........
Mr. Hastings............        X   ........  .........  ........................  ........  ........  .........
Mr. Metcalf.............        X   ........  .........  ........................  ........  ........  .........
Mr. Longley.............  ........  ........  .........  ........................  ........  ........  .........
Mr. Shadegg.............  ........  ........  .........  ........................  ........  ........  .........
----------------------------------------------------------------------------------------------------------------

    Congressman Tauzin offered an amendment to rescind $6 
million of the funds made available under Public Law 103-317; 
to prohibit implementation of the 1994 Biological Opinion on 
Shrimp Trawling in the Southeastern United States under the Sea 
Turtle Conservation Regulations; and to deem that the 
Biological Opinion dated August 19, 1992, on shrimp fishing in 
the Southeastern United States satisfies the requirements of 
Section 7 of the Endangered Species Act as to the use of turtle 
excluder devices. The amendment was ruled nongermane to H.R. 
39.
    The Young amendment in the nature of a substitute, as 
amended, was adopted by voice vote, and H.R. 39 was ordered 
favorably reported to the House of Representatives in the 
presence of a quorum by voice vote.

                      Section-by-Section Analysis

                         Section 1. Short title

    This section cites the bill as the ``Fishery Conservation 
and Management Amendments of 1995''.

     section 2. amendment of the magnuson fishery conservation and 
                             management act

    This section specifies that amendments in the bill are to 
the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq.

               section 3. findings, purposes, and policy

    This section amends the findings, purposes, and policy of 
the Magnuson Act to give greater emphasis to conserving 
essential fishery habitat and minimizing bycatch, and to make 
clear that fisheries management decisions are to be made in a 
fair and equitable manner.

                         section 4. definition

    Subsections (b)(1), (b)(2), and (b)(3) make technical 
changes to existing definitions of ``fish'', ``driftnet 
fishing'', and ``Commission''.
    Subsections (b)(4), (b)(5), and (b)(6) add new definitions 
or modify existing definitions for ``bycatch'', ``economic 
discards'', ``regulatory discards'', ``essential fishery 
habit', ``optimum'' (with respect to yield from a fishery), 
``overfishing'', ``rebuilding program'', and ``total allowable 
catch''.
    Section 4(b)(4) amends the definition of optimum yield. The 
Committee recognizes that, while maximum sustainable yield 
(MSY) should normally serve as the upper limit of harvest in a 
fishery, the original drafters of the Magnuson Act believed 
that there could be circumstances that dictate a harvest above 
MSY to achieve management goals. For this reason, the language 
of the Magnuson Act as first enacted in 1976 allowed optimum 
yield to be modified below or above MSY for social, economic, 
or ecological factors. While the Committee debate this issue 
and expressed concern about the consequences of exceeding MSY, 
the flexibility of the optimum yield definition was not 
changed, except in the case of fisheries classified as 
overfished. The Committee is concerned that exceeding MSY in 
these fisheries could exacerbate the biological problems 
conforming these fish stocks. For this reason, the bill 
requires that, in the case of an overfished stock, harvest 
levels should not be allowed to exceed the MSY level.
    Section 4(b)(6) adds a definition of overfishing which is 
identical to that provided in the guidelines for Fishery 
Management Plans found 50 Code of Federal Regulations 602. It 
recognizes that fisheries management is imprecise and that 
harvests do occur above or below levels set under Fishery 
Management Plans. However, these fluctuations in harvest levels 
should be accounted for to ensure that the ability of a fishery 
to produce MSY on a continuing basis is not jeopardized.

                       section 5. Foreign fishing

    Subsection (a) makes a technical change to reference new 
permits being required for transshipment of fish at sea. It 
also authorizes the Secretary of Commerce to issue permits 
allowing foreign vessels to transport unprocessed fish to a 
foreign country from a point in Federal or State waters (other 
than internal waters). In doing so, it requires that the 
Secretary first determine that U.S. vessels that are comparable 
in function and cost have not indicated an interest in 
performing the transshipment.
    Subsection (b) requires that a Fishery Management Plan be 
prepared under section 303 before any allocation to harvest 
fish may be made to a foreign fishing vessel under section 201. 
It also stipulates that the Secretary of Commerce may not 
approve a foreign fishing vessel application for a permit to 
fish for Atlantic mackerel or herring unless the appropriate 
Council has recommended that the Secretary approve the 
application.
    Subsection (c) changes the time required for Congressional 
review of a Governing International Fishery Agreement from 60 
days of continuous session to 120 calendar days, not counting 
those days when Congress has adjourned sine die.
    Subsection (d) makes a technical correction regarding 
``special areas'' in the Bering Sea.

                section 6. large-scale driftnet fishing

    This section deletes the requirement for an annual report 
on driftnet fishing but maintains the requirement that the 
Secretary of Commerce supply annually to Congress a list of 
those nations engaged in driftnet fishing.

section 7. national standard for fishery conservation and management to 
                            minimize bycatch
    This section adds a new national standard to the Magnuson 
Act requiring that conservation and management measures, to the 
maximum extent practicable, minimize bycatch.
    The issue of bycatch reduction and the reduction of discard 
mortality have been identified by the Committee as one of the 
most important challenges facing fisheries managers today. 
There has been a dramatic reduction in the population levels of 
stocks of fish worldwide. One identifiable cause in the U.S. 
fisheries has been bycatch and the needless waste of 
commercially harvestable fish and the disposal of juvenile and 
other fish.
    The Committee intends that reduction of bycatch should be a 
goal of all Fishery Management Plans. It is unlikely, however, 
that any fishery--recreational or commercial--can occur without 
some bycatch being taken. The amendment contained in this 
section thus requires that bycatch be minimized to the maximum 
extent practicable, not eliminated. While the Committee 
recognizes that it will be very difficult to eliminate all 
bycatch, it is clear that Councils and fishermen should 
continually look for innovative ways to make significant 
reductions in bycatch and in the mortality of discards.

            section 8. regional fishery management councils

    Subsection (a) adds North Carolina to the Mid-Atlantic 
Fishery Management Council. This provision adds two new seats 
to the Council, increasing the number of voting members from 19 
to 21.
    The rest of section 8 contains provisions intended to 
reform the Council process and minimize conflicts of interest. 
Subsection (b) provides for mandatory expulsion from the 
Council for a knowing violation of conflict of interest 
provisions, failure to file a disclosure form, or filing a 
false financial disclosure form, and clarifies that Council 
appointments should be made from a balance of qualified 
individuals from commercial or recreational industry groups and 
other interested parties.
    Subsection (c) provides that only public and tribal members 
of a Council will be paid for serving. The Committee is aware 
that in some cases States are designating as their 
representative on the Council individuals who are not State 
employees. While this is a matter of State discretion, it is 
not, and never has been the intent of the Magnuson Act that 
State representatives or their designee receive compensation, 
regardless of their affiliation with the State. This language 
clarifies that fact. It also reduces the compensation rate of 
Council members to the daily rate of GS-15, Step 1, effective 
January 1, 1996, as the current rate of GS-16 no longer exists.
    Subsection (d) requires a Council to hold a roll call vote 
at the request of any voting member. It also requires official 
Council records to identify roll call votes and specify how 
each member voted.
    Subsection (e) expands the requirement of Councils to 
comment on and make recommendations regarding activities 
affecting essential fishery habitat and requires timely 
response from Federal agencies. This legislation maintains the 
Councils' ability to provide comments and recommendations to 
State or Federal agencies on actions or proposed actions which 
may affect identified essential fishery habitat. In the past, 
however, Councils' comments to State and Federal agencies 
frequently have not been given the attention that they 
deserved. To address this, the Councils will still be the first 
entity to identify any potential threats to essential habitat, 
but the bill requires that they also notify the Secretary of 
Commerce of their findings. The Secretary must then notify and 
comment to the appropriate Federal agency head on the agency's 
action.
    Subsection (h) expands the procedural requirements for 
Councils to allow greater public notice of meetings, clarifies 
the information that must be provided with public testimony, 
requires that detailed minutes of meetings, be kept, and allows 
additions to the Council agenda. These requirements are similar 
to those under the Federal Advisory Committee Act and are 
intended to improve the Council process.
    Subsection (i) increases the financial information that 
must be reported on financial disclosure forms; deletes the 
requirement that Council executive directors file financial 
disclosure forms; and subjects them to penalties for conflict 
of interest.
    Provisions within this section to minimize conflicts of 
interest on the Councils and to reform the Council process were 
difficult issues for the Committee to resolve. Addressing the 
potential conflict of interest by Council members was 
particularly difficult. While the Magnuson Act requires that 
members of the Councils be selected for their expertise in 
fishery-related fields, including recreational and commercial 
fishing, it is not clear when they should be precluded from 
voting on issues that enhance their own financial position.
    Many industry representatives expressed concern with 
Congress altering the current Council composition or recusal 
requirements. They felt that those who have the greatest 
knowledge of the fishery and the fishing industry should 
continue to have a voice on the Councils which govern their 
activities. Many witnesses also testified that recusal 
requirements could be used by one industry or gear group to 
challenge the voting ability of opponents of their viewpoint.
    As an example, concern was raised that recreational 
fishermen might use this recusal requirement to challenge the 
vote of commercial fishermen and change the voting ratios on 
some Councils. Recreational fishermen have raised similar 
concerns against members of the Council representing commercial 
interests. It is not the intention of the Committee to prevent 
Council members from voting unless there is a legitimate 
conflict to keep them from exercising their expertise. It is 
also not the intent of the Committee that a member who has been 
recused from voting cannot take part in the debate on an issue.
    The Committee sought to maintain a balance which allowed 
representatives of the fishing industry to be represented on 
the Councils, but prohibit them from voting on those issues 
which would clearly give a member a personal financial gain 
which would not be comparably shared by others. Subsection (i) 
clarifies that recusal of a member should take place when the 
member has a personal interest which would be significantly 
affected and would only be shared by a minority of person 
within his industry or gear group.
    This subsection requires the Secretary of Commerce, in 
consultation with the Councils, to establish rules that would 
prohibit a Council member from voting on a matter in which the 
member has an interest that would be ``significantly affected'' 
by a Council decision. This subsection establishes a procedure 
by which a Council member can determine whether he or she 
should refrain from voting on an issue, and establishes a means 
by which a Council member can challenge another member's right 
to vote, based on recusal rules. In each case, the 
determination on the right to vote would be made by the General 
Counsel of NOAA or the General Counsel's designee.
    Subsection (i) also requires a Council member to recuse 
himself if not doing so would violate the rules, or if the 
General Counsel determines the Council member cannot vote.
    This subsection also defines ``an interest that would be 
significantly affected'' as a personal financial benefit which 
would only be shared by a minority of other persons within the 
same industry sector or gear group whose activity would be 
directly affected by the Council's action.
    It is important to note that the Committee continues to 
support the existing Regional Fishery Management Council 
system. The Council system has participated in fishery 
management and conservation since the inception of the Magnuson 
Act. Every time Congress has reauthorized the Magnuson Act, new 
tools are given to the Councils to make their management and 
conservation duties clearer and more defined. This section is 
intended to address concerns that Council members are making 
decisions which could potentially benefit them financially, and 
improve and reform the Council process, but not to 
fundamentally change the existing Council system.
            section 9. contents of fishery management plans

    Subsection (a)(1) adds a new requirement that bycatch be 
recorded and reported by standardized reporting methods as 
developed by the Councils.
    This subsection also adds requirements that Fishery 
Management Plans include a measurable and objective definition 
of overfishing, and mandates the implementation of rebuilding 
programs if necessary.
    The subsection adds that Councils should, when drafting 
Fishery Management Plans, include measures which consider the 
safety of life at sea, minimize bycatch to the maximum extent 
practicable, and reduce the mortality caused by the economic 
and regulatory discards in the fishery.
    Subsection (a)(1) also requires a description of essential 
habitat in Fishery Management Plans. This reauthorization, for 
the first time, defines and establishes an identification 
process in the Magnuson Act for ``essential fishery habitat.'' 
While the Committee believes that it is within the 
responsibility of the Councils and the Secretary of Commerce to 
identify and protect habitat that is essential for the long-
term productivity of the fishery, the bill does not grant the 
Councils or the Secretary predominant management authority over 
the use of areas that have been identified as essential fishery 
habitat. Instead, the essential fishery habitat language 
provides resource management agencies with the information on 
which to base decisions on actions which have the potential to 
effect that habitat.
    The bill establishes a process which relies upon the 
Councils and the data and personnel of the Department of 
Commerce to describe and identify essential fishery habitat. 
The Secretary of Commerce will publish guidelines for the 
Councils to follow when describing the essential habitat for 
each fishery. In each Fishery Management Plan, Councils will 
describe ``essential fishery habitat'' for the fishery based on 
the guidelines developed by the Secretary. The Secretary, with 
the Secretary of Interior (acting through the U.S. Fish and 
Wildlife Service), will then identify specific essential 
habitat for that fishery.
    Subsection (a)(1) also requires that those Fishery 
Management Plans which require observers, be fair and equitable 
to all fishing vessels and fish processing vessels, be 
consistent with other applicable laws, and take into account 
the safety of both observers and fishermen. This subsection 
authorizes Councils to establish fees to cover the costs of 
observers.
    Subsection (a)(2) requires Councils to amend existing 
Fishery Management Plans, no later than 18 months after date of 
enactment, to include the new requirements stated above.
    Subsection (a)(3) requires the North Pacific Fishery 
Management Council, by January 1, 1997, to require all onshore 
and offshore fish processors that process species under 
management of the Council to weigh the fish to ensure accurate 
measure of harvest.
    Subsection (b)(4) allows Councils to use incentives and 
harvest preferences within gear groups to promote the avoidance 
of bycatch. The Committee has included this provision as a 
discretionary provision that Councils can use to innovatively 
reduce bycatch.
    While it is clear that every fishery will be managed 
differently, it is the view of the Committee that incentives 
allow the Councils the flexibility to address bycatch concerns 
in different ways and can offer a financial reason for 
fishermen to voluntarily reduce their bycatch rather than 
penalizing those who do not follow the rules.
    Subsection (b)(4) authorizes Councils to specify the 
allowable gear types for each fishery and establishes a process 
for evaluating new gear technologies. It is the Committee's 
intent to encourage the Councils to take a proactive approach 
to limiting gear types that may harm fisheries or essential 
fishery habitat or increase bycatch. At the same time, the 
Committee does not wish to discourage the development of 
innovative gear types that could minimize bycatch and other 
negative impacts on the fishery.
    Subsection (b)(4) also authorizes the assessment and 
specification of the effects which conservation and management 
measures will have on other fish stocks in the ecosystem. The 
subsection also authorizes Councils to reserve a portion of the 
total allowable catch to be used for research purposes.
    The Committee recognizes that cooperation between the 
fishing industry and the Federal Government may be an efficient 
and cost-effective way to obtain good data on the status of 
fish stocks. For this reason, the Committee encourages the use 
of private vessels to gather data. In order to help reduce cost 
of data gathering programs, the Committee intends that the 
Councils be allowed to make available a portion of the 
allowable biological catch which could be harvested as part of 
a cooperative research effort.
    Finally, the subsection authorizes Councils to establish 
conservation and management measures which, to the extent 
practicable, minimize effects on essential fishery habitat 
caused by fishing.
    Subsection (c) requires the fishery impact statements 
required for each Fishery Management Plan be submitted to the 
Governors of affected States and to the House Committee on 
Resources and the Senate Committee on Commerce, Science, and 
Transportation.

  section 10. amendments relating to miscellaneous duties of secretary

    Subsection (a) requires the Secretary of Commerce to 
consult with the Coast Guard regarding Fishery Management Plan 
provisions to ensure that they take into account the safety of 
human life at sea.
    Subsection (b) requires the Secretary of Commerce to 
establish Plan development teams to participate in the 
development of plans and amendments for management of highly 
migratory species. The teams shall consist of seven individuals 
who are knowledgeable about the particular fishery and are 
selected from members of the advisory committees and species 
working groups appointed under status implementing the relevant 
international fishery agreements and other interested persons.
    Subsection (c) clarifies that the advisory committees 
appointed under laws implementing relevant international 
fishing agreements to which the United States is a party must 
approve any limited access system before it can be included in 
a Plan or Plan amendment developed by the Secretary of Commerce 
for Atlantic highly migratory species. The Committee agrees 
that the Secretary of Commerce has jurisdiction over Atlantic 
highly migratory species and this legislation does not return 
management of these species to any Council.
    Subsection (d) requires the Secretary of Commerce to 
complete a program to develop technological devices and other 
changes in the fishery to minimize incidental mortality of non-
target fishery resources in the course of shrimp trawl 
activities, to evaluate ecological impacts and the cost/benefit 
of such devices and to assess utilization of these non-target 
resources when harvest is unavoidable. It also requires that 
the Secretary not implement any measures to reduce incidental 
mortality of non-target fishery resources in the course of 
shrimp trawl fishery until a detailed report on this is 
completed.
    Subsection (e) establishes the Secretarial duties under new 
provisions dealing with essential habitat protection and 
overfishing. H.R. 39 requires the Secretary of Commerce, within 
one year, to establish guidelines to assist the Councils with 
the descriptions of essential fishery habitat, and to establish 
a schedule for the amendment of Fishery Management Plans to 
describe essential fishery habitat. The Secretary is also 
required, in cooperation with the Secretary of the Interior, to 
identify essential habitat for each fishery, based on the 
description supplied by a Council.
    Other Federal agencies are required to consult the 
Secretary of Commerce on any action which the head of the 
agency has a reason to believe will result in the destruction 
or adverse modification of essential fishery habitat identified 
by the Secretary.
    The Secretary of Commerce is required to comment on, or 
make recommendations regarding, Federal activities that may 
result in the destruction or adverse modification of essential 
habitat, and any Federal agency contacted by the Secretary 
regarding the destruction of essential fishery habitat must 
respond in writing within 15 days. The Secretary is also 
required to review and coordinate activities within the 
Department of Commerce and to coordinate with and provide 
information to other Federal agencies regarding essential 
fishery habitat conservation and enhancement.
    The subsection clarifies that these requirements in the 
Magnuson Act do not absolve a Federal agency of other statutory 
obligations.
    The subsection also amends section 304(i) of the Magnuson 
Act to add additional responsibilities for the Secretary of 
Commerce in identifying and addressing overfishing in the 
Nation's fisheries. This subsection requires the Secretary to 
report annually to Congress and the Councils on the status of 
fisheries and identify those fisheries which are ``approaching 
a condition of being overfished.'' It also includes a 
definition of what constitutes a stock approaching a condition 
of being overfished.
    If a fishery is approaching a condition of being 
overfished, the Secretary of Commerce shall estimate the time 
frame within which this will occur and make recommendations on 
what the Council should do to keep the stock from being 
overfished. The Secretary is also required to notify a Council 
if overfishing is occurring in a fishery under the Council's 
jurisdiction and request that action be taken to end 
overfishing and establish a rebuilding program. If the Council 
takes no action in one year to effectively address the problem, 
the Secretary, within nine months, is required to prepare an 
amendment to the Fishery Management Plan, or prepare a Plan if 
none exists, under existing procedures in the Magnuson Act.
    If overfishing is occurring in a fishery managed under a 
Plan developed by the Secretary of Commerce, the Secretary must 
take action within one year to amend the Plan to end 
overfishing in the fishery and to establish any necessary 
rebuilding program.
    The Secretary of Commerce is required to review the 
progress of any rebuilding program during the third year it is 
in effect and annually thereafter. If the rebuilding program is 
not meeting its goals, the Secretary shall direct the Council 
to reassess the goals of the program and take action to correct 
the problem. Rebuilding programs may take into consideration 
those environmental factors which care beyond the control of 
the Council.
    Subsection (f) adds a new subsection 304(j) to the Magnuson 
Act which establishes a time frame for Secretarial review of 
``covered implementing regulations'' submitted by a Council. A 
covered implementing regulation is a proposed regulation to 
amend existing Federal regulations implementing a Fishery 
Management Plan, which does not have the effect of amending the 
Plan. The subsection also requires the Secretary of Commerce, 
after a public comment period, to either publish final 
regulations or notify the Council as to why the regulations 
have been changed or have not been published.
    Subsection (g) requires the Secretary of Commerce to form 
the Pacific Region Scientific Review Group with the purpose of 
designing a three-year research plan to assess the status of 
Pacific fisheries stocks. The Secretary will carry out the 
research plan, including the use of chartered fishing boats, 
and may off-set the costs of the program by allowing vessel 
owners to retain and sell the catch. It is the Committee's 
intention that the research plan submitted by the Group to the 
Secretary shall also be available for review by Congress and 
the Pacific Fishery Management Council. The Committee is 
concerned that the Secretary consult with the Pacific Fishery 
Management Council in implementing the research plan and that 
the latitude of the Secretary to implement the plan be 
clarified and may address this during future consideration of 
the bill.
    The Committee is aware that the West Coast commercial 
fishing industry, in an effort to obtain better data and reduce 
costs, has advocated the use of private vessels and facilities 
in a cooperative program with the Federal Government. To date, 
the National Marine Fisheries Service has not fully embraced 
this cooperative approach. This section requires the Secretary 
of Commerce to work with the commercial fishing industry in 
developing a research plan which would include the use of 
private vessels and facilities. The Committee intends that this 
research plan could serve as a model for similar plans in other 
parts of the country.

                     section 11. emergency actions

    This section amends section 305(c) of the Magnuson Act to 
allow emergency regulations to remain in effect for 180 days 
and allows an extension, following notice and public comment, 
for an additional 180 days if necessary. The extension of 
emergency regulations which mandate an area closure is allowed 
only if the Council, in conjunction with the Secretary, 
publishes a report on the status of the fishery, including a 
cost/benefit analysis of the closure. The Committee does not 
intend to prevent the extension of a closure. Instead, it 
intends to require Councils to supply data that supports the 
need for extension of the emergency regulations.
    This section also allows the Secretary of Commerce to issue 
emergency regulations to protect public health.

                     Section 12. State Jurisdiction

    Subsection (a) amends section 306(c)(1) of the Magnuson Act 
to require foreign vessels engaged in processing fish within 
internal waters to report on the amount of fish taken on board 
and the location where such fish were caught.
    Subsection (b) authorizes the State of Alaska to enforce 
its laws or regulations for a fishery in Federal waters off its 
coast in cases where no Federal or State (for fisheries where 
the council has delegated management authority to the State) 
Fishery Management Plan exists, and if there is a legitimate 
State interest in conservation and management of the fishery. 
This authority would exist only until a federally approved Plan 
could be implemented. Fisheries currently managed pursuant to a 
Federal Plan could not be placed under State authority without 
the unanimous consent of the Council.

                      Section 13. Prohibited Acts

    Subsection (a) makes it a violation to steal, negligently 
damage, remove, or tamper with fishing gear owned by another 
person or fish contained in that fishing gear.
    Subsection (b) makes it a violation for Council members to 
knowingly or willingly fail to disclose financial information.
    Subsection (c) makes it clear that transshipment of fish 
without a permit is prohibited.

   Section 14. Harold Sparck Bering Sea Community Development Quota 
                                Program

    This section codifies the existing Community Development 
Quota (CDQ) system for the Bering Sea and requires that an 
allocation of the total allowable catch will be reserved for 
the CDQ program. It also codifies the existing criteria for 
approval as a qualified CDQ community.
    Western Alaska is one of the poorest, most underdeveloped 
areas in the United States. Sitting alongside the Bering Sea, 
the residents of this area, predominantly Alaska Natives--Yupik 
and Inupiat Eskimos and Aleuts--have watched the marine 
resources being exploited, first by foreign fleets and later by 
American distant water fleets. Due to lack of capital and 
opportunity, however, residents of Western Alaska communities 
had been unable to share any of the benefits of these 
resources.
    These communities are isolated and have few natural 
resources other than fisheries with which to develop a solid, 
diversified economic base and stable, long-term employment. 
Unemployment rates are high, resulting in substantial social 
problems. The fisheries of the Bering Sea provide a means to 
develop the local economies, but the ability to participate in 
these fisheries is difficult because of the high capital 
investment needed for entry. CDQ allocations provide the means 
to initiate or support commercial fisheries activities which 
will result in sustainable, regionally-based commercial 
fisheries economies.
    In 1991, the North Pacific Fishery Management Council 
(NPFMC) established the western Alaska CDQ program as part of 
the pollock Fishery Management Plan, which was implemented in 
1992. The Council included the CDQ provision in the Management 
Plan, based on the determination that CDQs could spur economic 
development in nearby economically depressed coastal 
communities without greatly impacting the existing fishing 
industry.
    The NPFMC allocated a total of 7.5 percent of the total 
allowable catch of Being Sea pollock for the CDQ program. 
Fifty-six Bering Sea coastal communities are eligible to 
participate in the CDQ program and share this allocation.
    In 1992, the NPFMC, in conjunction with a limited access 
plan for halibut and sablefish, expanded the CDQ program to 
authorize communities participating in the program to harvest 
20 percent of the total allowable catch of Being Sea sablefish 
and approximately 20 percent of Bering Sea halibut. The 
Secretary of Commerce adopted implementing regulations for this 
plan in 1993, but implementation did not occur until March of 
1995.
    The approved development projects which are being funded 
through the current CDQ program include: community services, 
fisheries and education training programs, processing and dock 
construction, fishing vessel procurement, and real income to 
participants. In 1994, benefits to the communities involved in 
the pollock CDQ program included: 45 people employed in 
management/administrative positions; 268 people employed in CDQ 
pollock fishing; 347 employed in other fisheries; 460 employed 
in other employment; approximately 100 educational scholarships 
awarded and more than 326 people receiving vocational training.
    Because of these benefits, the Committee determined that it 
was important to continue the CDQ program and that, in addition 
to pollock, sablefish and halibut, the program should be 
expanded to allow communities participating in the program the 
opportunity to harvest a percentage of the total allowable 
catch of each Being Sea fishery.
    To accomplish that objective, section 14 of H.R. 39 amends 
section 313 of the Magnuson Act to require the NPFMC to 
establish, and the Secretary of Commerce to adopt, regulations 
implementing the western Alaska CDQ program as a permanent, 
stand-alone program. The subsection also requires the North 
Pacific Fishery Management Council to allocate the opportunity 
to harvest a percentage of the total allowable catch of each 
Bering Sea fishery to communities, or groups of communities, 
eligible to participate in the program.
    The Committee expects that, for each Bering Sea fishery, 
the NPFMC, with the final approval of the Secretary, will 
allocate to the communities participating in the program a 
percentage that is adequate to ensure their significant and 
sustainable economic participation in the fishery.
                         section 15. observers

    This section clarifies the rights of observers to bring 
civil action against the vessel or the vessel owner under the 
Magnuson Act and the Marine Mammal Protection Act for any 
illness, disability, injury, or death while serving as an 
observer on a vessel.

          section 16. individual quota limited access programs

    The Committee believes that there are many tools available 
to Fishery Management Councils to use in the conservation and 
management of a fishery. This includes the use of limited 
access management systems. Recent efforts by the National 
Marine Fisheries Service to promote the development and 
implementation of Individual Transferable Quota (ITQ) systems 
above any other type of limited access system concern the 
Committee and are inappropriate. While ITQs may be a tool for 
managing fisheries, this is a decision that should be left to 
the Councils, and NMFS should not be forcing Councils to adopt 
this approach. It is also clear that ITQ systems are being 
implemented with no direction from Congress on how these 
systems should be developed and with no review of existing 
systems to evaluate their merits and pitfalls.
    Because ITQ systems have the potential to fundamentally 
alter fisheries management in the U.S., the Committee believes 
they must be used with great caution. The Committee also 
believes that further evaluation and analysis of the impacts of 
these systems must be conducted before additional ITQ plans are 
adopted.
    While H.R. 39 does not prohibit the Councils from 
establishing individual quota systems for the management of the 
fisheries under their jurisdiction, it is clear the Committee 
intends to provide some direction and guidance if this 
relatively new management system is to be employed in the 
future.
    Subsection (a) expands the Councils' discretionary 
authority to establish limited access systems to include quota 
systems only if the quota systems meet the requirements of 
section 303(g), as added by this bill.
    Subsection (b) adds a new subsection 303(g) to the Magnuson 
Act which establishes criteria for the establishment of 
individual quota systems; establishes who may hold a quota 
issued under an individual quota system; and establishes that 
quota shares issued under an individual quota system are a 
harvest privilege, not a property right, and may be revoked or 
limited by the Secretary of Commerce or the Councils at any 
time and without compensation. This subsection also requires 
that individual quota shares issued after enactment of this Act 
will sunset no later than seven years after date issued and 
upon expiration may be renewed, reallocated, or reissued as 
determined appropriate by the Council. It also clarifies that 
no other Federal agency may hold, administer, or reallocate 
quota shares under an individual quota system.
    The Committee feels that it is important to make it clear 
that shares issued under an individual quota system are a 
harvest privilege only. Allocation of a quota share issued by a 
Council or the Secretary of Commerce under a Fishery Management 
Plan does not grant the holder with any rights to the resource. 
If, for conservation or management reasons, a Council 
determines that the total allowable catch in an individual 
quota system fishery should be reduced, even to zero, the 
holder of a quota share under this plan is not eligible for any 
compensation.
    As has always been the case under the Magnuson Act, the 
Council may also amend, modify or replace a Fishery Management 
Plan at any time for the purpose of conservation and management 
of the fishery. This authority applies to Plans which include a 
limited access provisions as well as any other Fishery 
Management Plan. If a Council determines that a Plan which 
includes an individual quota system needs to be repealed, 
replaced, or modified, no compensation would be due to 
shareholders.
    Subsection (c) amends section 304(d) to authorize fees to 
be collected by the Secretary of Commerce for individual quota 
systems. Fees collected shall be used to directly offset 
implementation, management and enforcement costs of that 
system. Individual quota systems established prior to June 1, 
1995, are exempt from fees for five years after the date of 
enactment of this bill.
    Subsection (d) adds a new subsection 304(l) to the Magnuson 
Act which requires the Secretary of Commerce to establish a 
review panel to evaluate all limited access systems and develop 
recommendations for new and existing limited access systems. 
The review must be completed no later than September 30, 1997. 
The review panel will also issue recommendations to the 
Secretary and Councils with respect to appropriate revisions of 
individual quota systems established prior to June 1, 1995. 
Based on the recommendations of the review panel and the 
guidelines in this bill, the Secretary shall issue regulations 
on individual quota systems within one year of receipt of the 
review panel's recommendations.
    In establishing the review panel required by this 
paragraph, the Committee intends that the Secretary take 
reasonable steps to obtain a geographic balance on the panel, a 
balance between harvesters and processors of seafood, and a 
balance of views regarding limited access systems.
    Subsection (e) prohibits the Secretary from approving any 
new individual quota system until regulations on individual 
quota systems have been issued and unless they meet the 
guidelines established in 303(g).

            section 17. fishing capacity reduction programs

    Subsection 17(a) adds a new section 316, Fishing Capacity 
Reduction Programs, to the Magnuson Act. The Committee 
recognizes that many fisheries in the U.S. have become 
overcapitalized and, as a result, are becoming increasingly 
difficult to conserve and manage. This section seeks to provide 
a tool for reducing overcapitalization in a fishery without 
cost to the General Treasury.
    The new subsection 316(a) authorizes the Secretary of 
Commerce, with the concurrence of the Council that has 
jurisdiction over a fishery, to conduct a voluntary program to 
reduce fishing capacity in that fishery if the program is 
necessary for rebuilding, preventing overfishing, or generally 
improving the conservation or management of the fishery, or if 
requested to do so by the Council. To conduct such a program, a 
limited access plan must be in place for the fishery.
    Subsection 316(b) specifies the requirements of any program 
implemented under Section 316. These include the reduction of 
fishing effort through the permanent removal from the fishery 
of vessels and permits; payments to scrap or otherwise render 
permanently unusable for fishing in the United States any 
vessels that are removed from the fishery; the establishment of 
a fee on participants in the fishery to fund the costs of the 
program; the establishment of criteria to determine the types 
of vessels and permits that are eligible to participate in the 
program; and the identification of other sources of funding in 
addition to those specified under this section.
    Subsection 316(c) authorizes the Secretary of Commerce to 
make payments to carry out an effort reduction program if a fee 
has been established in the fishery for which the program will 
take place. The total amount of payments by the Secretary 
cannot exceed the amount that the Secretary projects will be 
deposited in fees from the fishery.
    Subsection 316(d) authorizes the Secretary of Commerce, 
with the concurrence of the majority of voting members of the 
Council with authority over the fishery, to establish an annual 
fee on participants in the fishery for which the fishing 
capacity reduction program is implemented. The amount of the 
fee shall be based on the value of the fishery; the projected 
number of participants and projected catch; and the direct cost 
of implementing the effort reduction program. Fees collected 
under this section shall be deposited into the Fisheries 
Conservation and Restoration Fund established under subsection 
316(f).
    Subsection 316(e) authorizes the establishment of an 
advisory panel, for any fishery for which a fishing capacity 
program is implemented, to advise the Secretary of Commerce 
regarding the program. Members of the panel will include 
Council and fishing industry representatives, as well as 
representatives from the Department of Commerce and the States 
affected by such program. Members on the panel will receive no 
compensation for their participation.
    Subsection 316(f) establishes the Fisheries Conservation 
and Restoration Fund in the Treasury for the purposes of 
financing fishing capacity reduction programs. Deposits into 
the fund shall include fees assessed under this section; 
monies, subject to appropriation, from tariffs on fisheries 
imports; amounts appropriated for fisheries disasters; and any 
other amounts appropriated for the purposes of carrying out 
fishing capacity reduction programs.
    Subsection 316(g) specifies that permits acquired under a 
fishing effort reduction program shall not be effective after 
the date of acquisition and shall not be reissued or replaced.
    Subsection (b) of section 17 amends the Saltonstall-Kennedy 
Act to allow funds appropriated under that Act to be deposited 
into the Fishery Conservation and Restoration Fund to be used 
for fishing capacity reduction programs.

         section 18. consideration of ability to pay penalties

    This section clarifies the Secretary's duty to assess a 
violator's ability to pay when assessing fines under the civil 
penalties section of the Magnuson Act.

              section 19. authorization of appropriations

    This section amends Title IV to authorize the Magnuson Act 
through FY 2000 and repeals obsolete provisions.

                   section 20. technical corrections

    When the United States and the USSR entered into an 
agreement delineating the maritime boundary in the Bering Sea 
between the two countries, they identified ``special areas'' 
which are located within the Russian EEZ but are inside the 
U.S. maritime boundary. The agreement specified that the U.S. 
would have authority to enforce the Magnuson Act and the Marine 
Mammal Protection Act in these special areas. Both Acts were 
amended to clarify this point, but provided that the authority 
would not be granted until the maritime boundary agreement went 
into effect. The U.S. is still waiting for Russia, as the 
successor to the USSR, to ratify the agreement.
    In the interim, subsequent amendments to the Marine Mammal 
Protection Act inadvertently redesignated paragraph numbers in 
the definition section. As a result, when the maritime boundary 
agreement comes into force, key definitions in the Magnuson Act 
will be deleted. This section addresses this problem.

                    section 21. clerical amendments

    This section amends the Magnuson Act to replace ``Committee 
on Merchant Marine and Fisheries'' which was abolished at the 
beginning of the 104th Congress with ``Committee on Resources'' 
in each place it appears.

         section 22. provisions relating to the gulf of mexico

    Subsection (a) requires the Secretary of Commerce to 
develop and implement a systematic program for the assessment 
and annual reporting of the status of the fisheries in the Gulf 
of Mexico. It also provides guidelines for selecting 
participants for this program.
    Subsection (b) requires the Secretary to develop a plan for 
the Gulf of Mexico region to collect, assess, and report 
statistics concerning fisheries. This subsection also provides 
guidelines for developing the plan.
    Subsection (c) requires the Secretary to have an 
independent analysis conducted to assess the stock assessments 
and management of the Gulf of Mexico red snapper fishery. It 
provides guidelines for conducting this assessment and requires 
that the assessment is to be completed within one year of 
enactment of this Act. It is expected that the assessment will 
be used as the foundation for future management of this fishery 
and that any individual fishing quota plan for red snapper will 
be suspended until this assessment is completed.

      section 23. study of contribution of Bycatch to Charitable 
                             Organizations

    This section requires the Secretary of Commerce to study 
the contribution of bycatch by commercial fishermen to 
charitable organizations. It provides guidelines for the study 
and requires a report to Congress within one year of the date 
of enactment of this Act. The Committee is concerned that the 
financial benefit associated with charitable contribution of 
bycatch may provide a disincentive to reduce bycatch. The 
amendment seeks to provide the Committee with the data 
necessary to determine if this is actually the case.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 39 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 39. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 39 
does not contain any new budget authority, credit authority, or 
a decrease in revenues or increase or decreases in tax 
expenditures. The bill does contain new spending authority and 
an increase in revenues to the Federal Government.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 39.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 39 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 39, the Fishery 
Conservation and Management Amendments of 1995.
    Enactment of H.R. 39 would affect direct spending and 
receipts. Therefore, pay-as-you-go procedures would apply to 
the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them,
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 39.
    2. Bill title: Fishery Conservation and Management 
Amendments of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Resources on May 10, 1995.
    4. Bill purpose: H.R. 39 would amend the Magnuson Fishery 
Conservation and Management Act, which governs federal 
regulation of commercial and recreational fishing within the 
exclusive economic zone of the United States. The bill would 
authorize funding for fisheries management programs and other 
activities carried out under the Magnuson Act through fiscal 
year 2000. In addition, the bill would make a number of changes 
in the way the act is currently implemented by: (1) reforming 
certain practices of the eight regional fishery councils that 
are responsible for local fisheries management, and (2) 
expanding the authorities and responsibilities of the National 
Oceanic and Atmospheric Administration (NOAA), which oversees 
the fisheries management program nationally. Other sections of 
H.R. 39 would address fishery conservation issues such as 
overfishing and damage to essential habitat. Major provisions 
would establish:
          additional requirements that the regional councils 
        must incorporate into existing fisheries management 
        plans, including programs to rebuild depleted fish 
        stocks and measures to minimize harm to non-targeted 
        species;
          fees on foreign vessels that transport fish product 
        from point within U.S. federal or state waters to 
        foreign ports; and
          specifications for limited access systems and other 
        optional plan elements, including special rules for 
        implementing individual fishery quota systems (IFQs).
    Finally, H.R. 39 would authorize the Secretary of Commerce 
to institute fishing capacity reduction programs to ameliorate 
overfishing in certain areas. Such programs would enable the 
Secretary to reduce permanently the number of fishing concerns 
operating in eligible fisheries by purchasing fishing vessels 
or federal permits from voluntary sellers. Payments to local 
fishing concerns would be financed through a newly created 
Fisheries Conservation and Restoration Fund (FCRF), which would 
receive: (1) grants from the Promote and Develop Fisheries 
Fund, (2) amounts appropriated for fisheries disasters, (3) 
other federal appropriations made for the program, and (4) fees 
collected from businesses that remain in the market. (FCRF) 
balances would be invested, but the bill makes no provision for 
deposit or spending of any interest that may be earned.) 
Spending from the fund would not be subject to appropriation 
action but in practice would be limited by the requirement that 
total payments for any particular fishery could not exceed the 
Secretary's estimate of fees that would be collected over the 
following 15 years from remaining businesses. The fees would 
have to be set at a level sufficient to cover the total amount 
estimated to be necessary for capacity reduction payments but 
could not exceed five percent of the harvested value of fish 
for any permit holder.
    5. Estimated cost to the Federal Government: Although 
authorizations for funding under the Magnuson Act expired in 
1992, Congress has continued to appropriate between $98 million 
and $127 million a year for ongoing fisheries management 
programs. H.R. 39 would authorize new appropriations totaling 
$610 million for these activities over the next five years. 
Also, section 17 of the bill would implicitly authorize 
additional appropriations to capitalize the FCRF. Other 
provisions would create new federal revenues, new offsetting 
receipts, and new mandatory spending authority from those 
revenues and offsetting receipts. The following table 
summarizes the estimated budgetary effects of the bill.

----------------------------------------------------------------------------------------------------------------
                                                   1995       1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
   SPENDING SUBJECT TO APPROPRIATIONS ACTION                                                                    
                                                                                                                
Spending under current law:                                                                                     
    Budget authority \1\......................        127  .........  .........  .........  .........  .........
    Estimated outlays.........................        104         41         15          8  .........  .........
Proposed changes:                                                                                               
    Estimated authorizations..................  .........        164        118        122        126        130
    Estimated outlays.........................  .........         93        127        113        124        128
Spending under H.R. 39:                                                                                         
    Authorization level \1\...................        127        164        118        122        126        130
    Estimated outlays.........................        104        134        142        121        124        128
                                                                                                                
ADDITIONAL REVENUES AND MANDATORY SPENDING \2\                                                                  
                                                                                                                
Estimated revenues............................  .........          2          3          3          3          3
Direct spending:                                                                                                
    Spending of revenues:                                                                                       
        Estimated budget authority............  .........          2          3          3          3          3
        Estimated outlays.....................  .........  .........  .........  .........  .........  .........
    Offsetting receipts:                                                                                        
        Estimated budget authority............  .........      (\3\)      (\3\)         -2         -4         -5
        Estimated outlays.....................  .........      (\3\)      (\3\)         -2         -4         -5
    Spending from offsetting receipts:                                                                          
        Estimated budget authority............  .........  .........  .........          2          4          4
        Estimated outlays.....................  .........  .........  .........          2          4          4
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 level is the amount appropriated for that year.                                                    
\2\ The revenues and direct spending created by the bill are new; no such revenues and spending exist under     
  current law.                                                                                                  
\3\ Less than $500,000.                                                                                         

    The costs of this bill fall within budget function 300.
    6. Basis of estimate: Authorizations of Appropriations. For 
purposes of this estimate, CBO has assumed that H.R. 39 would 
be enacted by the end of fiscal year 1995 and that the entire 
amounts specifically authorized or estimated to be necessary 
would be appropriated for each fiscal year. Outlays have been 
estimated on the basis of historical spending patterns for 
ongoing fisheries programs and on information provided by NOAA.
    For fiscal years 1997 through 2000, the authorization level 
is equal to the amounts specified by section 19. The estimated 
authorization for 1996 includes $114 million specified by 
section 19 and $50 million estimated for payments to New 
England fishing concerns under section 17.
    CBO expects that the Northeast groundfish fishery would be 
the only area to adopt a capacity reduction program over the 
next several years, in conjunction with ongoing plans to scale 
back groundfish landings by as much as 80 percent in 1996. The 
total cost of reducing fishing capacity to a level consistent 
with these plans is highly uncertain and could exceed $100 
million. Because section 17(c) would limit buyout payments to 
total projected fees collected from remaining businesses, 
however, the maximum amount that the government could spend for 
this purpose would be about $50 million, which is five percent 
of the estimated value of the anticipated allowable catch over 
the 1997-2011 period. In order to implement this first capacity 
reduction program, the $50 million would have to be provided 
from federal funds. The majority of buyouts in the Northeast 
would have to occur soon after the new harvest levels are 
implemented in 1996--well before any permit fee collections 
would be available for that purpose. Therefore, CBO has assumed 
that the $50 million needed for such payments would be 
appropriated for fiscal year 1996 and spent over the following 
18 months. The $50 million would then be recouped by the fund 
through groundfish permit fees collected over the next 15 
years. Because these fees would then be available to finance 
buyouts in other fisheries that may adopt programs in the 
future, CBO estimates that no other federal appropriations for 
that purpose would be necessary.
    This estimate is based on information provided by NOAA 
regarding the projected tonnage and value of groundfish 
landings in the New England region. We have also relied on 
information provided by the regional councils regarding their 
present fisheries management plans. CBO has assumed that no 
other fishery would adopt a capacity reduction program under 
section 17 in the near future. We have further assumed that all 
of the cost of making buyout payments initially would have to 
be financed by new appropriations because funds from other 
authorized federal sources would not be available. Some funding 
for payments could be obtained by transferring money from the 
Promote and Develop Fisheries Fund, but there is no basis for 
assuming that NOAA would divert these funds from other ongoing 
projects. It also appears unlikely that the agency would use 
previously appropriated disaster funds for payments under 
section 17 because such funds--if available--may already be 
used for similar assistance payments under less restrictive 
programs. If either of these sources of funds were used, CBO 
estimates that there would be no resulting increase in 
mandatory outlays because new direct spending from the FCRF 
would be offset by spending reductions in the other accounts. 
To the extent that any funds would be diverted from these other 
programs, the need for discretionary appropriations would be 
reduced accordingly.
    Revenues. Section 17 would require NOAA to impose an annual 
fee on holders of federal fishing permits who continue 
operating in a fishery subject to a reduced capacity program. 
CBO estimates that permit fees imposed for Atlantic groundfish 
(the only fishery likely to adopt a buyout program in the near 
future) would generate additional annual federal revenues, 
beginning in 1997. Assuming that the fee would be set at five 
percent of the harvested value of fish, the maximum allowed 
under the bill, we estimate that revenues would total about $2 
million in 1997, and would rise to about $4 million by fiscal 
year 2005.
    Direct Spending. Several provisions would result in changes 
in direct spending: Fees collected from fishing concerns in the 
Northeast would be deposited to the FCRF, from which they would 
be available without further appropriation for capacity 
reduction programs in other fisheries. These fees would result 
in new budget authority of between $2 million and $4 million 
annually beginning in 1997. But, because CBO does not 
anticipate that other fisheries would adopt such programs over 
the next five years, no outlays associated with the new 
spending authority are shown in the table.
    Section 5 of H.R. 39 would amend section 204 of the Act, 
which governs the regulation of foreign fishing vessels 
operating in United States jurisdictional waters. Specifically, 
this section would authorize NOAA to issue permits to foreign 
vessel operators that transport fish products from United 
States waters to foreign ports. Vessel operators would pay fees 
to cover the costs of issuing transshipment permits. Like other 
fees imposed under section 204, transshipment fees would be 
deposited as offsetting receipts in the general fund of the 
U.S. Treasury. Based on information obtained from NOAA, we 
estimate that fee collections would total about $200,000 
annually beginning in fiscal year 1996. Spending to process the 
applications would be subject to appropriation action within 
the overall authorization levels.
    Section 16 would establish new requirements, restrictions, 
and fees for IFQs, which are used to limit access to a 
particular fishery by allocating shares of the total allowable 
catch among the participating businesses. This section would 
require that fees be imposed to cover the management and 
enforcement costs of any fishery that becomes subject to an IFQ 
system after enactment of this bill. There are three types of 
IFQ fees, each of which would be based on the value of fish 
authorized to be harvested each year under an IFQ system: an 
initial allocation fee of one percent; an annual fee of up to 
four percent; and a transfer fee equal to one percent. Based on 
information provided by NOAA, CBO estimates that the federal 
government would collect new fees totalling about $2 million in 
fiscal year 1999, the first year that the new IFQ system would 
be implemented. Fee collections would rise to about $5 million 
in fiscal year 2000 and would continue to grow as more councils 
adopt the system. Under H.R. 39, CBO believes that the fees 
from IFQ fisheries would likely be treated as offsetting 
receipts and would be available for spending without further 
appropriation action. Because the estimated increase in 
offsetting receipts would be offset by additional direct 
spending, this provision would have no net impact on the 
federal budget.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enactment 
of H.R. 39 would affect direct spending and receipts. 
Therefore, pay-as-you-go procedures would apply to the bill. 
For direct spending, we estimate increased offsetting receipts 
and spending from some of those receipts so that the net outlay 
change would be less than $500,000 in each year. Fees imposed 
under section 17 would generate additional revenues. The 
following table shows the estimated pay-as-you-go impact of 
this bill.

------------------------------------------------------------------------
                                 1995       1996       1997       1998  
------------------------------------------------------------------------
Change in outlays...........          0          0          0          0
Change in receipts..........          0          0          2          3
------------------------------------------------------------------------

    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Rachel Robertson and Deborah 
Reis.
    12. Estimate approved by: Robert A. Sunshine for Paul N. 
Van de Water, Assistant Director for Budget Analysis.

                          Departmental Reports

    The Committee has received the following departmental 
report on H.R. 39.

                             Department of Justice,
                             Office of Legislative Affairs,
                                      Washington, DC, May 10, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This presents the views of the 
Department of Justice on H.R. 39, the ``Fishery Conservation 
and Management Amendments of 1995.'' This bill would amend the 
Magnuson Fishery Management Act (``Act''), which establishes a 
number of regional federal fishery management councils 
(``FMCs''). These FMCs are unique creations within the federal 
government and present very difficult constitutional questions 
regarding their structure and functions. Foremost among the 
relevant constitutional considerations is the Appointments 
Clause, which requires that any official within the federal 
government who exercises significant authority be appointed by 
one of the constitutionally prescribed methods. See U.S. Const. 
art. II, Sec. 2, cl. 2. FMCs are federal entities, see e.g., 
Litigating Authority of the Regional Fishery Management 
Councils, 4B Op. O.L.C. 778 (1980); Personal Tort Liability of 
regional Fishery Management Council Members and Staff, 1 Op. 
O.L.C. 239 (1977), but they comprise members who are not 
appointed in conformity with the Appointments Clause. 
Therefore, they may not be delegated significant authority. See 
Buckley v. Valeo, 424 U.S. 1, 124-41 (1976) (en banc); United 
States v. Germaine, 99 U.S. 508 (1879).
    Two provisions of H.R. 39 threaten this delicate 
constitutional equipoise of the FMCs. First, Sec. 11 would 
strip regional directors of their authority to vote in 
connection with emergency actions. Regional directors act as 
agents of the Secretary. As the statute currently operates, the 
Secretary, through the regional directors, has the authority to 
veto any emergency action with which he disagrees and to 
approve any action with which he concurs. From a constitutional 
standpoint, then, it can be said that the FMC plays only an 
advisory function and that ultimate authority is vested in the 
Secretary. For this reason, the FMC's role is constitutionally 
permissible. Because the amendment contained in H.R. 39 would 
deprive the regional directors of their vote, it could no 
longer be said that the FMCs play a merely advisory role. H.R. 
39 would vest the FMCs with significant authority with respect 
to emergency actions. As explained above, this would violate 
the Appointments Clause.
    A second troubling provision is found in Sec. 16(b), which 
would establish that ``[a]n individual quota system . . . may 
be revoked, limited, or terminated at any time by the Secretary 
or the Council having authority over the fishery for which it 
is issued. . . .'' The power to revoke, limit, or terminate an 
individual quota system represents significant authority within 
the cognizance of the Appointments Clause. See Buckley, 424 
U.S. at 138-41. To avoid violating the Constitution, we suggest 
that this provision be redrafted to subject any action by an 
FMC to approval by the Secretary or to authorize FMCs only to 
recommend revocation, limitation, or termination and vest 
exclusive authority to take such action in the Secretary.
    The Office of Management and Budget has advised this 
Department that there is no objection to the submission of this 
report from the standpoint of the Administration's program.
            Sincerely,
                                               Kent Markus,
                                 Acting Assistant Attorney General.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

            MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

AN ACT To provide for the conservation and management of the fisheries, 
                         and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Magnuson Fishery Conservation and 
Management Act''.
                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.

 TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
                                RESOURCES

     * * * * * * *

                   [TITLE IV--MISCELLANEOUS PROVISIONS

[Sec. 402. Repeals.
[Sec. 403. Fishermen's Protective Act amendments.
[Sec. 404. Marine Mammal Protection Act amendment.
[Sec. 405. Atlantic Tunas Convention Act amendment.
[Sec. 406. Authorization of appropriations.]
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Authorization of appropriations.
SEC. 2. FINDINGS, PURPOSES AND POLICY.

    (a) Findings.--The Congress finds and declares the 
following:
          (1)  * * *
          (2) As a consequence of increased fishing pressure 
        and because of the inadequacy of fishery conservation 
        and management practices and controls (A) certain 
        stocks of such fish have been overfished to the point 
        where their survival is threatened, [and] (B) other 
        such stocks have been so substantially reduced in 
        number that they could become similarly threatened, and 
        (C) losses of essential fishery habitat can diminish 
        the ability of stocks of fish to survive.
          * * * * * * *
          (6) A national program for the conservation and 
        management of the fishery resources of the United 
        States is necessary to prevent overfishing, to rebuild 
        overfished stocks, to insure conservation, to provide 
        long-term conservation of essential fishery habitat, 
        and to realize the full potential of the Nation's 
        fishery resources.
          * * * * * * *
          (9) Continuing loss of essential fishery habitat 
        poses a long-term threat to the viability of commercial 
        and recreational fisheries of the United States. To 
        conserve and manage the fishery resources of the United 
        States, increased attention must be given to the 
        protection of this habitat.
  (b) Purposes.--It is therefore declared to be the purposes of 
the Congress in this Act--
          (1)  * * *
          * * * * * * *
          (5) to establish Regional Fishery Management Councils 
        to exercise sound judgment in the stewardship of 
        fishery resources through the preparation, monitoring, 
        and revision of such plans under circumstances (A) 
        which will enable the States, the fishing industry, 
        consumer and environmental organizations, and other 
        interested persons to participate in, and advise on, 
        the establishment and administration of such plans, and 
        (B) which take into account the social and economic 
        needs of the States; [and]
          (6) to encourage the development by the United States 
        fishing industry of fisheries which are currently 
        underutilized or not utilized by United States 
        fishermen, including bottom fish off Alaska, and to 
        that end, to ensure that optimum yield determinations 
        promote such development[.];
          (7) to promote the conservation of essential fishery 
        habitat in the review of projects that affect essential 
        fishery habitat; and
          (8) to ensure that conservation and management 
        decisions with respect to the Nation's fishery 
        resources are made in a fair and equitable manner.
  (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1)  * * *
          * * * * * * *
          (3) to assure that the national fishery conservation 
        and management program utilizes, and is based upon, the 
        best scientific information available; involves, and is 
        responsive to the needs of, interested and affected 
        States and citizens; promotes efficiency; draws upon 
        Federal, State, and academic capabilities in carrying 
        out research, administration, management, and 
        enforcement; considers the effects of fishing on 
        immature fish and encourages development of practical 
        measures that minimize bycatch and avoid unnecessary 
        waste of fish; and is workable and effective;
          * * * * * * *

SEC. 3. DEFINITIONS.

  As used in this Act, unless the context otherwise requires--
          (1)  * * *
          * * * * * * *
          (4) The term ``Continental Shelf fishery resources'' 
        means the following:

                         [Colenterata] Cnidaria

          Bamboo Coral--Acanella spp.;
          Black Coral--Antipathes spp.;
          Gold Coral--Callogorgia spp.;
          Precious Red Coral--Corallium spp.;
          Bamboo Coral--Keratoisis spp.; and
          Gold Coral--Parazoanthus spp.

                               Crustacea

          Tanner Crab--Chionoecetes tanneri;
          Tanner Crab--Chionoecetes opilio;
          Tanner Crab--Chionoecetes angulatus;
          Tanner Crab--Chionoecetes bairdi;
          King Crab--Paralithodes camtschatica;
          King Crab--Paralithodes platypus;
          King Crab--Paralithodes brevipes;
          Lobster--Homarus americanus;
          Dungeness Crab--Cancer magister;
          California King Crab--Paralithodes californiensis;
          California King Crab--Paralithodes rathbuni;
          Golden King Crab--Lithodes aequispinus;
          Northern Stone Crab--Lithodes maja;
          Stone Crab--Menippe mercenaria; and
          [Deep-sea Red Crab--Geryon quinquedens] Deep-sea Red 
        Crab--Chaceon quinquedens.

                                Mollusks

          Red Abalone--Haliotis rufescens;
          Pink Abalone--Haliotis corrugata;
          Japanese Abalone--Haliotis kamtschatkana;
          Queen Conch--Strombus gigas;
          Surf Clam--Spisula solidissima, and
          Ocean Quahog--Arctica islandica.
          * * * * * * *
          (16) The term ``large-scale driftnet fishing'' means 
        a method of fishing in which a gillnet composed of a 
        panel or panels of webbing, or a series of such 
        gillnets, with a total length [of one and one-half 
        miles] of two and one-half kilometers or more is placed 
        in the water and allowed to drift with the currents and 
        winds for the purpose of entangling fish in the 
        webbing.
          (17) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the 
        [Pacific Marine Fisheries Commission] Pacific States 
        Marine Fisheries Commission
          * * * * * * *
          [(21) The term ``optimum'', with respect to the yield 
        from a fishery, means the amount of fish--
                  [(A) which will provide the greatest overall 
                benefit to the Nation, with particular 
                reference to food production and recreational 
                opportunities; and
                  [(B) which is prescribed as such on the basis 
                of the maximum sustainable yield from such 
                fishery, as modified by any relevant economic, 
                social, or ecological factor.]
          (21) The term ``optimum'', with respect to yield from 
        a fishery, means the amount of fish--
                  (A) which will provide the greatest overall 
                benefit to the Nation, with particular 
                reference to food production and recreational 
                opportunities; and
                  (B)(i) which, subject to clause (ii), is 
                prescribed as such on the basis of the maximum 
                sustainable yield from such fishery, as 
                modified by any relevant economic, social, or 
                ecological factor; or
                  (ii) which, in the case of a fishery which 
                has been classified by the Secretary as 
                overfished, is prescribed as such on the basis 
                of the maximum sustainable yield as reduced to 
                allow for the rebuilding of the fishery to a 
                level consistent with producing maximum 
                sustainable yield on a continuing basis.
          * * * * * * *
          (31) The term ``United States harvested fish'' means 
        fish caught, taken, or harvested by vessels of the 
        United States within any fishery [for which a fishery 
        management plan prepared under title III or a 
        preliminary fishery management plan prepared under 
        section 201(h) has been implemented] regulated under 
        this Act.
          * * * * * * *
          (34) The term ``bycatch'' means fish which are 
        harvested by a fishing vessel, but which are not sold 
        or kept for personal use, including economic discards 
        and regulatory discards.
          (35) The term ``economic discards'' means fish which 
        are the target of a fishery, but which are not retained 
        by the fishing vessel which harvested them because they 
        are of an undesirable size, sex, or quality, or for 
        other economic reasons.
          (36) The term ``regulatory discards'' means fish 
        caught in a fishery which fishermen are required by 
        regulation to discard whenever caught, or are required 
        by regulation to retain but not sell.
          (37) The term ``essential fishery habitat'' means 
        those waters necessary to fish for spawning, breeding, 
        or growth to maturity.
          (38) The term ``overfishing'' means a level or rate 
        of fishing mortality that jeopardizes the ability of a 
        stock of fish to produce maximum sustainable yield on a 
        continuing basis.
          (39) The term ``rebuilding program'' means those 
        conservation and management measures necessary to 
        restore the ability of a stock of fish to produce 
        maximum sustainable yield on a continuing basis.
          (40) The term ``total allowable catch'' means the 
        total amount of fish in a fishery that may be harvested 
        in a fishing season, as established in accordance with 
        a fishery management plan for the fishery.
          * * * * * * *

     TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

SEC. 201. FOREIGN FISHING.

  (a) In General.--After February 28, 1977, no foreign fishing 
is authorized within the exclusive economic zone, within the 
special areas, or for anadromous species or Continental Shelf 
fishery resources beyond such zone or areas, unless such 
foreign fishing--
          [(1) is authorized under subsection (b) or (c);]
          (1) is authorized under subsection (b) or (c) or 
        under a permit issued under section 204(d);
          * * * * * * *
  (e) Allocation of Allowable Level.--(1)(A) The Secretary of 
State, in cooperation with the Secretary, may make allocations 
to foreign nations from the total allowable level of foreign 
fishing which is permitted with respect to each fishery subject 
to the exclusive fishery management authority of the United 
States. No allocation may be made for a fishery that is not 
subject to a fishery management plan prepared under section 
303.
          * * * * * * *
  (E) The determinations required to be made under 
subparagraphs (A) and (D)(ii), and the apportionments required 
to be made under subparagraph (C), with respect to a foreign 
nation shall be based on--
          (i)  * * *
          * * * * * * *
          (iv) whether, and to what extent, such nation 
        requires the fish harvested from the exclusive economic 
        zone or special areas for its domestic consumption;
          * * * * * * *

SEC. 203. CONGRESSIONAL OVERSIGHT OF GOVERNING INTERNATIONAL FISHERY 
                    AGREEMENTS.

  (a) In General.--No governing international fishery agreement 
shall become effective with respect to the United States before 
the close of the first [60 calendar days of continuous session 
of the Congress] 120 calendar days (excluding any days in a 
period for which the Congress is adjourned sine die) after the 
date on which the President transmits to the House of 
Representatives and to the Senate a document setting forth the 
text of such governing international fishery agreement. A copy 
of the document shall be delivered to each House of Congress on 
the same day and shall be delivered to the Clerk of the House 
of Representatives, if the House is not in session, and to the 
Secretary of the Senate, if the Senate is not in session.
  (b) Referral to Committees.--Any document described in 
subsection (a) shall be immediately referred in the House of 
Representatives to the Committee on [Merchant Marine and 
Fisheries] Resources, and in the Senate to the Committees on 
Commerce, Science, and Transportation and on Foreign Relations.
  [(c) Computation of 60-Day Period.--For purposes of 
subsection (a)--
          [(1) continuity of session is broken only by an 
        adjournment of Congress sine die; and
          [(2) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day 
        certain are excluded in the computation of the 60-day 
        period.]
  [(d)] (c) Congressional Procedures.--
          (1)  * * *
          (2) Definition.--For purposes of this subsection, the 
        term ``fishery agreement resolution'' refers to a joint 
        resolution of either House of Congress--
                  (A) the effect of which is to prohibit the 
                entering into force and effect of any governing 
                international fishery agreement the text of 
                which is transmitted to the Congress pursuant 
                to subsection (a); and
                  (B) which is reported from the Committee on 
                [Merchant Marine and Fisheries] Resources of 
                the House of Representatives or the Committee 
                on Commerce, Science, and Transportation or the 
                Committee on Foreign Relations of the Senate, 
                not later than 45 days after the date on which 
                the document described in subsection (a) 
                relating to that agreement is transmitted to 
                the Congress.
          * * * * * * *

SEC. 204. PERMITS FOR FOREIGN FISHING.

  (a)  * * *
  (b) Applications and Permits Under Governing International 
Fishery Agreements.--
          (1)  * * *
          * * * * * * *
          (6) Approval.--(A) After receipt of any application 
        transmitted under paragraph (4)(A), the Secretary shall 
        consult with the Secretary of State and, with respect 
        to enforcement, with the Secretary of the department in 
        which the Coast Guard is operating. The Secretary after 
        taking into consideration the views and recommendations 
        of such Secretaries, and any comments submitted by any 
        Council under paragraph (5), may approve, subject to 
        [subparagraph (B)] subparagraphs (B) and (C), the 
        application, if he determines that the fishing 
        described in the application will meet the requirements 
        of this Act, or he may disapprove all or any portion of 
        the application.
          * * * * * * *
          (C)(i) The Secretary may not approve an application 
        which proposes harvest of Atlantic mackerel or Atlantic 
        herring by one or more foreign fishing vessels unless 
        the appropriate Council has recommended that the 
        Secretary approve the portion of the application making 
        that proposal and the Secretary includes the 
        appropriate conditions and restrictions recommended by 
        the Council.
          (ii) For purposes of this subparagraph, the term 
        ``appropriate Council'' means the Mid-Atlantic Fishery 
        Management Council with respect to Atlantic mackerel 
        and the New England Fishery Management Council with 
        respect to Atlantic herring.
          * * * * * * *
  (d) Transshipment Permits.--
          (1) Authority to issue permits.--The Secretary may 
        issue a transshipment permit under this subsection 
        which authorizes a vessel other than a vessel of the 
        United States to engage in fishing consisting solely of 
        transporting fish products at sea from a point within 
        the boundaries of any State or the exclusive economic 
        zone to a point outside the United States to any person 
        who--
                  (A) submits an application which is approved 
                by the Secretary under paragraph (3); and
                  (B) pays a fee imposed under paragraph (7).
          (2) Transmittal.--Upon receipt of an application for 
        a permit under this subsection, the Secretary shall 
        promptly transmit copies of the application to the 
        Secretary of the department in which the Coast Guard is 
        operating, any appropriate Council, and any interested 
        State.
          (3) Approval of application.--The Secretary may 
        approve an application for a permit under this section 
        if the Secretary determines that--
                  (A) the transportation of fish products to be 
                conducted under the permit, as described in the 
                application, will be in the interest of the 
                United States and will meet the applicable 
                requirements of this Act;
                  (B) the applicant will comply with the 
                requirements described in section 201(c)(2) 
                with respect to activities authorized by any 
                permit issued pursuant to the application;
                  (C) the applicant has established any bonds 
                or financial assurances that may be required by 
                the Secretary; and
                  (D) no owner or operator of a vessel of the 
                United States which has adequate capacity to 
                perform the transportation for which the 
                application is submitted has indicated to the 
                Secretary an interest in performing the 
                transportation at fair and reasonable rates.
          (4) Whole or partial approval.--The Secretary may 
        approve all or any portion of an application under 
        paragraph (3).
          (5) Failure to approve application.--If the Secretary 
        does not approve any portion of an application 
        submitted under paragraph (1), the Secretary shall 
        promptly inform the applicant and specify the reasons 
        therefor.
          (6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this 
        subsection conditions and restrictions which shall be 
        complied with by the owner and operator of the vessel 
        for which the permit is issued. The conditions and 
        restrictions shall include the requirements, 
        regulations, and restrictions set forth in subsection 
        (b)(7).
          (7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount 
        adequate to recover the costs incurred by the United 
        States in issuing the permit.
          * * * * * * *
SEC. 206. LARGE-SCALE DRIFTNET FISHING.

  (a)  * * *
          * * * * * * *
  [(e) Report.--Not later than January 1, 1991, and every year 
thereafter until the purposes of this section are met, the 
Secretary, after consultation with the Secretary of State and 
the Secretary of the department in which the Coast Guard is 
operating, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a report--
          [(1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          [(2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          [(3) identifying and evaluating the effectiveness of 
        unilateral measures and multilateral measures, 
        including sanctions, that are available to encourage 
        nations to agree to and comply with this section, and 
        recommendations for legislation to authorize any 
        additional measures that are needed if those are 
        considered ineffective;
          [(4) identifying, evaluating, and making any 
        recommendations considered necessary to improve the 
        effectiveness of the law, policy, and procedures 
        governing enforcement of the exclusive management 
        authority of the United States over anadromous species 
        against fishing vessels engaged in fishing beyond the 
        exclusive economic zone of any nation;
          [(5) containing a list and description of any new 
        fisheries developed by nations that conduct, or 
        authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation; and
          [(6) containing a list of the nations that conduct, 
        or authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation in a manner that diminishes the 
        effectiveness of or is inconsistent with any 
        international agreement governing large-scale driftnet 
        fishing to which the United States is a party or 
        otherwise subscribes.]
  (e) Report.--Not later than March 17th of each year, the 
Secretary, after consultation with the Secretary of State and 
the Secretary of the department in which the Coast Guard is 
operating, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Resources 
of the House of Representatives a list of those nations whose 
nationals or vessels conduct, and of those nations that 
authorize their nationals to conduct, large-scale drift net 
fishing beyond the exclusive economic zone of any nation in a 
manner that diminishes the effectiveness of, or is inconsistent 
with, any international agreement governing large-scale drift 
net fishing to which the United States is a party or otherwise 
subscribes.
          * * * * * * *

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

  (a) In General.--Any fishery management plan prepared, and 
any regulation promulgated to implement any such plan, pursuant 
to this title shall be consistent with the following national 
standards for fishery conservation and management:
          (1)  * * *
          * * * * * * *
          (8) Conservation and management measures shall, to 
        the maximum extent practicable, minimize bycatch.
          * * * * * * *

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.

  (a) Establishment.--There shall be established, within 120 
days after the date of the enactment of this Act, eight 
Regional Fishery Management Councils, as follows:
          (1)  * * *
          (2) Mid-atlantic council.--The Mid-Atlantic Fishery 
        Management Council shall consist of the States of New 
        York, New Jersey, Delaware, Pennsylvania, Maryland, 
        [and Virginia] Virginia, and North Carolina and shall 
        have authority over the fisheries in the Atlantic Ocean 
        seaward of such States (except as provided in section 
        304(f)(3)). The Mid-Atlantic Council shall have [19] 21 
        voting members, including [12] 13 appointed by the 
        Secretary in accordance with subsection (b)(2) (at 
        lease one of whom shall be appointed from each such 
        State).
          * * * * * * *
  (b) Voting Members.--(1)  * * *
  (2)(A)  * * *
  (B) The Secretary, in making appointments under this section, 
shall, to the extent practicable, ensure a fair and balanced 
apportionment, on a rotating or other basis, of the active 
participants (or their representatives) in the commercial and 
recreational fisheries under the jurisdiction of the Council, 
and of other individuals selected for their fisheries expertise 
as demonstrated by their academic training, marine conservation 
advocacy, consumer advocacy, or other affiliation with nonuser 
groups. On January 31, 1991, and each year thereafter, the 
Secretary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on [Merchant 
Marine and Fisheries] Resources of the House of Representatives 
a report on the actions taken by the Secretary to ensure that 
such fair and balanced apportionment is achieved. The report 
shall--
          (i)  * * *
          * * * * * * *
  (6) The Secretary shall remove any member of a Council 
required to be appointed by the Secretary in accordance with 
subsection (b)(2) if the member violates section 307(1)(O).
          * * * * * * *
  (d) Compensation and Expenses.--The voting members of [each 
Council,] each Council who are required to be appointed by the 
Secretary and who are not employed by the Federal Government or 
any State or local government, [shall, until January 1, 1992, 
receive compensation at the daily rate for GS-18 of the General 
Schedule, and after December 31, 1991, at the daily rate for 
GS-16] shall receive compensation at a daily rate equivalent to 
the lowest rate of pay payable for GS-15, of the General 
Schedule, when engaged in the actual performance of duties for 
such Council. The voting members of each Council, any nonvoting 
member described in subsection (c)(1)(C), and the nonvoting 
member appointed pursuant to subsection (c)(2) shall be 
reimbursed for actual expenses incurred in the performance of 
such duties, and other nonvoting members and Council staff 
members may be reimbursed for actual expenses.
  (e) Transaction of Business.--
          (1)  * * *
          * * * * * * *
          (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 required under 
        subsection (j)(2)(E) 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.
          * * * * * * *
  (i) Fishery Habitat Concerns.--(1) Each Council--
          (A) may comment on and make recommendations 
        concerning any activity undertaken, or proposed to be 
        undertaken, by any State or Federal agency that, in the 
        view of the Council, may affect the habitat of a 
        fishery resource under its jurisdiction; [and]
          (B) shall comment on and make recommendations 
        concerning any such activity that, in the view of the 
        Council, is likely to substantially affect the habitat 
        of an anadromous fishery resource under its 
        jurisdiction[.]; and
          (C) shall notify the Secretary regarding, and may 
        comment on and make recommendations to any State or 
        Federal agency concerning, any activity undertaken, or 
        proposed to be undertaken, by any State or Federal 
        agency that, in the view of the Council, may have a 
        detrimental effect on the essential fishery habitat of 
        a fishery under the authority of the Council.
  [(2) Within 45 days after receiving a comment or 
recommendation under paragraph (1) from a Council, a Federal 
agency shall provide a detailed response, in writing, to the 
Council regarding the matter. In the case of a comment or 
recommendation under paragraph (1)(B), the response shall 
include a description of measures being considered by the 
agency for mitigating or offsetting the impact of the activity 
on such habitat.]
  (2) Within 15 days after receiving a comment or 
recommendation under paragraph (1) from a Council regarding the 
effects of an activity on essential fishery habitat, a Federal 
agency shall provide to the Council a detailed response in 
writing. The response shall include a description of measures 
being considered by the agency for avoiding, mitigating, or 
offsetting the impact of the activity on such habitat. In the 
case of a response that is inconsistent with the 
recommendations of the Council, the Federal agency shall 
explain its reasons for not following the recommendations.
  (j) Procedural Matters.--(1)  * * *
  (2) The following [guidelines] shall apply with respect to 
the conduct of business at meetings of a Council, and of the 
scientific and statistical committee and advisory panels of a 
Council:
          (A)  * * *
          * * * * * * *
          (C) Timely public notice of each regular meeting and 
        each emergency meeting, including the time, place, and 
        agenda of the meeting, shall be published in local 
        newspapers in the major fishing ports of the Council's 
        region (and in other major fishing ports having a 
        direct interest in the affected fishery) sufficiently 
        in advance of the meeting to allow meaningful public 
        participation in the meeting, and such notice may be 
        given by such other means as will result in wide 
        publicity. Timely notice of each regular meeting shall 
        also be published in the Federal Register.
          (D) Interested persons shall be permitted to present 
        oral or written statements regarding the matters on the 
        agenda at meetings. The written statement or oral 
        testimony shall include a brief description of the 
        background and interests of the person on the subject 
        of the written statement or oral testimony.
          [(E) Minutes of each meeting shall be kept and shall 
        contain a record of the persons present, an accurate 
        description of matters discussed and conclusions 
        reached, and copies of all statements field.]
          (E) Detailed minutes of each meeting of the Council 
        shall be kept and shall contain a record of the persons 
        present, a complete and accurate description of matters 
        discussed and conclusions reached, and copies of all 
        reports received, issued, or approved by the Council. 
        The Chairman shall certify the accuracy of the minutes 
        of each meeting and submit a copy thereof to the 
        Secretary. The minutes shall be made available to any 
        court of competent jurisdiction.
          * * * * * * *
          (G) A Council member may add an item to the agenda of 
        a meeting of a Council or of a committee or advisory 
        panel of a Council by presenting to the Chairman of the 
        Council, committee, or panel, at least 21 days before 
        the date of the meeting, a written description of the 
        item signed by 2 or more voting members of the Council.
          * * * * * * *
  (k) Disclosure of Financial Interest and Recusal.--(1) For 
purposes of this subsection, the term ``affected individual'' 
means an individual who--
          [(A) is nominated by the Governor of a State for 
        appointment as a voting member of a Council in 
        accordance with subsection (b)(2);]
          (A) is nominated by the Governor of a State for 
        appointment as a voting member of a Council in 
        accordance with subsection (b)(2) or is designated by 
        the Governor of a State under subsection (b)(1)(A) and 
        is not an employee of the State; or
          (B) is a voting member of a Council appointed under 
        subsection (b)(2)[; or].
          [(C) is the executive director of a Council.]
          * * * * * * *
  (3) The disclosure required under paragraph (2) shall be 
made--
          (A)  * * *
          (B) in the case of an affected individual referred to 
        in paragraph (1)(B) [or (C)], within 45 days of taking 
        office.
          * * * * * * *
  (5) The financial interest disclosures required by this 
subsection shall--
          (A) be made on such forms, in accordance with such 
        procedures, and at such times, as the Secretary shall 
        by regulation prescribe; [and]
          (B) be kept on file, and made available for public 
        inspection at reasonable hours, at the Council 
        offices[.]; and
          (C) be kept on file by the Secretary for use in 
        reviewing Council actions and made available by the 
        Secretary for public inspection at reasonable hours.
  (6) The participation by an affected individual referred to 
in paragraph (1) (B) [or (C)] in an action by a Council during 
any time in which that individual is not in compliance with the 
regulations prescribed under paragraph (5) may not be treated 
as cause for the invalidation of that action.
  (7) Section 208 of title 18, Untied States Code, does not 
apply to an affected individual referred to in paragraph (1) 
(B) [or (C)] during any time in which that individual is in 
compliance with the regulations prescribed under paragraph (5).
  (8) The Secretary, in consultation with the Councils, and by 
not later than 1 year after the date of the enactment of the 
Fishery Conservation and Management Amendments of 1995, shall 
establish rules which prohibit an affected individual from 
voting on a matter in which the individual or any other person 
described in paragraph (2) with respect to the individual has 
an interest that would be significantly affected. The rules may 
include provisions which take into account the differences in 
fisheries.
  (9) A voting member of a Council shall recuse himself or 
herself from voting if--
          (A) voting by the member would violate the rules 
        established under paragraph (8); or
          (B) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the 
        General Counsel under paragraph (10)(C)(ii)) determines 
        under paragraph (10) that voting by the member would 
        violate the rules established under paragraph (8).
  (10)(A) Before any vote held by a Council on any matter, a 
voting member of the Council may, at a meeting of the Council, 
request the General Counsel of the National Oceanic and 
Atmospheric Administration (or a designee of the General 
Counsel under subparagraph (C)(ii)) to determine whether voting 
on the matter by the member, or by any other member of the 
Council, would violate the rules established under paragraph 
(8).
  (B) Upon a request under subparagraph (A) regarding voting on 
a matter by a member--
          (i) the General Counsel of the National Oceanic and 
        Atmospheric Administration (or a designee of the 
        General Counsel under subparagraph (C)(ii)) shall 
        determine and state whether the voting would violate 
        the rules established under paragraph (8), at the 
        meeting at which the request is made; and
          (ii) no vote on the matter may be held by the Council 
        before the determination and statement are made.
  (C) The General Counsel of the National Oceanic and 
Atmospheric Administration shall--
          (i) attend each meeting of a Council; or
          (ii) designate an individual to attend each meeting 
        of a Council for purposes of this paragraph.
  (11) For the purposes of this subsection, the term ``an 
interest that would be significantly affected'' means a 
personal financial interest which would be augmented by voting 
on the matter and which would only be shared by a minority of 
other persons within the same industry sector or gear group 
whose activity would be directly affected by a Council's 
action.
SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.

  (a) Required Provisions.--Any fishery management plan which 
is prepared by any Council, or by the Secretary, with respect 
to any fishery, shall--
          (1)  * * *
          * * * * * * *
          (5) specify the pertinent data which shall be 
        submitted to the Secretary with respect to the fishery, 
        including, but not limited to, information regarding 
        the type and quantity of fishing gear used, catch by 
        species in numbers of fish or weight thereof, areas in 
        which fishing was engaged in, time of fishing, number 
        of hauls, [and the estimated processing capacity of, 
        and the actual processing capacity utilized by, United 
        States fish processors,] the amount and species of 
        bycatch taken on board a fishing vessel based on a 
        standardized reporting methodology established by the 
        Council for that fishery, and the estimated processing 
        capacity of, and the actual processing capacity 
        utilized by, United States fish processors;
          * * * * * * *
          [(7) include readily available information regarding 
        the significance of habitat to the fishery and 
        assessment as to the effects which changes to that 
        habitat may have upon the fishery;]
          (7) include a description of essential fishery 
        habitat for a fishery based on the guidelines 
        established by the Secretary under section 304(h)(1);
          (8) in the case of a fishery management plan that, 
        after January 1, 1991, is submitted to the Secretary 
        for review under section 304(a) (including any plan for 
        which an amendment is submitted to the Secretary for 
        such review) or is prepared by the Secretary, assess 
        and specify the nature and extent of scientific data 
        which is needed for effective implementation of the 
        plan; [and]
          (9) include a fishery impact statement for the plan 
        or amendment (in the case of a plan or amendment 
        thereto submitted to or prepared by the Secretary after 
        October 1, 1990) which shall assess, specify, and 
        describe the likely effects, if any, of the 
        conservation and management measures on--
                  (A) participants in the fisheries affected by 
                the plan or amendment; and
                  (B) participants in the fisheries conducted 
                in adjacent areas under the authority of 
                another Council, after consultation with such 
                Council and representatives of those 
                participants[.];
          (10) include a measurable and objective determination 
        of what constitutes overfishing in that fishery, and a 
        rebuilding program in the case of a plan for any 
        fishery which the Council or the Secretary has 
        determined is overfished;
          (11) include conservation and management measures 
        necessary to minimize bycatch to the maximum extent 
        practicable;
          (12) to the extent practicable, minimize mortality 
        caused by economic discards and regulatory discards in 
        the fishery;
          (13) take into account the safety of human life at 
        sea; and
          (14) in the case of any plan which under subsection 
        (b)(8) requires that observers be carried on board 
        vessels--
                  (A) be fair and equitable to all fishing 
                vessels and fish processing vessels, that are 
                vessels of the United States and participate in 
                fisheries covered by the plan;
                  (B) be consistent with other applicable laws;
                  (C) take into consideration the operating 
                requirements of the fishery and the safety of 
                observers and fishermen; and
                  (D) establish a system of fees to pay the 
                costs of the observer program.
  (b) Discretionary Provisions.--Any fishery management plan 
which is prepared by any Council, or by the Secretary, with 
respect to any fishery, may--
          (1)  * * *
          * * * * * * *
          [(6) establish a system for limiting access to the 
        fishery in order to achieve optimum yields if, in 
        developing such system, the Council and the Secretary 
        take into account--
                  [(A) present participation in the fishery,
                  [(B) historical fishing practices in, and 
                dependence on, the fishery,
                  [(C) the economics of the fishery,
                  [(D) the capability of fishing vessels used 
                in the fishery to engage in other fisheries,
                  [(E) the cultural and social framework 
                relevant to the fishery, and
                  [(F) any other relevant considerations;]
          (6) establish a limited access system for the fishery 
        in order to achieve optimum yields, if--
                  (A) in developing such system, the Councils 
                and the Secretary take into account--
                          (i) the need to promote conservation;
                          (ii) present participation in the 
                        fishery,
                          (iii) historical fishing practices 
                        in, and dependence on, the fishery,
                          (iv) the economics of the fishery,
                          (v) the capability of fishing vessels 
                        used in the fishery to engage in other 
                        fisheries,
                          (vi) the cultural and social 
                        framework relevant to the fishery and 
                        local coastal communities, and
                          (vii) any other relevant 
                        considerations; and
                  (B) in the case of such a system that 
                provides for the allocation and issuance of 
                individual quotas (as that term is defined in 
                subsection (g)), the plan complies with 
                subsection (g).
          * * * * * * *
          (8) [require that observers] require that one or more 
        observers be carried on board a vessel of the United 
        States engaged in fishing for species that are subject 
        to the plan, for the purpose of collecting data 
        necessary for the conservation and management of the 
        fishery; except that such a vessel shall not be 
        required to carry an observer on board if the 
        facilities of the 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;
          (9) assess and specify the effect which the 
        conservation and management measures of the plan will 
        have on the stocks of naturally spawning anadromous 
        fish in the region; [and]
          (10) assess and specify the effect which conservation 
        and management measures of the plan will have on stocks 
        of fish in the ecosystem of the fishery which are not 
        part of the fishery;
          (11) include incentives and harvest preferences 
        within fishing gear groups to promote the avoidance of 
        bycatch;
          (12) specify gear types allowed to be used in the 
        fishery and establish a process for evaluating new gear 
        technology that is proposed to be used in the fishery;
          (13) reserve a portion of the allowable biological 
        catch of the fishery for use for scientific research 
        purposes;
          (14) establish conservation and management measures 
        necessary to minimize, to the extent practicable, 
        adverse impacts on essential fishery described in the 
        plan under subsection (a)(7) habitat caused by fishing; 
        and
          [(10)] (15) prescribe such other measures, 
        requirements, or conditions and restrictions as are 
        determined to be necessary and appropriate for the 
        conservation and management of the fishery.
          * * * * * * *
  (g) Special Provisions for Individual Quota Systems.--(1) A 
fishery management plan which establishes an individual quota 
system for a fishery--
          (A) shall provide for administration of the system by 
        the Secretary in accordance with the terms of the plan;
          (B) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the 
        fish is harvested;
          (C) shall include provisions which establish 
        procedures and requirements for each Council having 
        authority over the fishery, for--
                  (i) reviewing and revising the terms of the 
                plan that establish the system; and
                  (ii) renewing, reallocating, and reissuing 
                individual quotas if determined appropriate by 
                each Council;
          (D) shall include provisions to--
                  (i) provide for fair and equitable allocation 
                of individual quotas under the system, and 
                minimize negative social and economic impacts 
                of the system on local coastal communities;
                  (ii) ensure adequate enforcement of the 
                system, including the use of observers where 
                appropriate; and
                  (iii) provide for monitoring the temporary or 
                permanent transfer of individual quotas under 
                the system; and
          (E) include provisions that prevent any person from 
        acquiring an excessive share of individual quotas 
        issued for a fishery.
  (2) An individual quota issued under an individual quota 
system established by a fishery management plan--
          (A) shall be considered a grant, to the holder of the 
        individual quota, of permission to engage in activities 
        permitted by the individual quota;
          (B) may be revoked or limited at any time by the 
        Secretary or the Council having authority over the 
        fishery for which it is issued, if necessary for the 
        conservation and management of the fishery (including 
        as a result of a violation of this Act or any 
        regulation prescribed under this Act);
          (C) if revoked or limited by the Secretary or a 
        Council, shall not confer any right of compensation to 
        the holder of the individual quota;
          (D) may be received, held, or transferred in 
        accordance with regulations prescribed by the Secretary 
        under this Act;
          (E) shall, except in the case of an individual quota 
        allocated under an individual quota system established 
        before the date of enactment of the Fishery 
        Conservation and Management Amendments of 1995, expire 
        not later than 7 years after the date it is issued, in 
        accordance with the terms of the fishery management 
        plan; and
          (F) upon expiration under subparagraph (E), may be 
        renewed, reallocated, or reissued if determined 
        appropriate by each Council having authority over the 
        fishery.
  (3)(A) Except as provided in subparagraphs (B) and (C), any 
fishery management plan that establishes an individual quota 
system for a fishery may authorize individual quotas to be held 
by or issued under the system to fishing vessel owners, 
fishermen, crew members, other persons as specified by the 
Council, and United States fish processors.
  (B) An individual who is not a citizen of the United States 
may not hold an individual quota issued under a fishery 
management plan.
  (C) A Federal agency or official may not hold, administer, or 
reallocate an individual quota issued under a fishery 
management plan, other than the Secretary and the Council 
having authority over the fishery for which the individual 
quota is issued.
  (4) Any fishery management plan that establishes an 
individual quota system for a fishery may include provisions 
that--
          (A) allocate individual quotas under the system among 
        categories of vessels; and
          (B) provide a portion of the annual harvest in the 
        fishery for entry-level fishermen, small vessel owners, 
        or crewmembers who do not hold or qualify for 
        individual quotas.
  (5) An individual quota system established for a fishery may 
be limited or terminated at any time by the Secretary or 
through a fishery management plan or amendment developed by the 
Council having authority over the fishery for which it is 
established, if necessary for the conservation and management 
of the fishery.
  (6) As used in this subsection:
          (A) The term ``individual quota system'' means a 
        system that limits access to a fishery in order to 
        achieve optimum yields, through the allocation and 
        issuance of individual quotas.
          (B) The term ``individual quota'' means a grant of 
        permission to harvest or process a quantity of fish in 
        a fishery, during each fishing season for which the 
        permission is granted, equal to a stated percentage of 
        the total allowable catch for the fishery.
  (h) Submission of Fishery Impact Statements to Interested 
States and the Congress.--Not later than the date a fishery 
management plan prepared by a Council or the Secretary takes 
effect under section 304, the Council or the Secretary, 
respectively, shall submit the fishery impact statement 
required in the plan under subsection (a)(9) to--
          (1) the Governor of each State that might be affected 
        by the plan, who may use information in the statement 
        to assist persons in applying for loans and grants for 
        economic relief; and
          (2) the Committee on Resources of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
SEC. 304. ACTION BY THE SECRETARY.

  (a) Action by the Secretary After Receipt of Plan.--(1)  * * 
*
  (2) In undertaking the review required under paragraph 
(1)(B), the Secretary shall--
          (A)  * * *
          * * * * * * *
          (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).] with respect to the 
        provisions of sections 303(a)(6) and (13).
          * * * * * * *
  (c) Preparation by the Secretary.--(1)  * * *
          * * * * * * *
  (3) Notwithstanding paragraph (1), the Secretary may not 
include in any fishery management plan, or any amendment to any 
such plan, prepared by him, a provision establishing a limited 
access system described in section 303(b)(6), unless such 
system is first approved by a majority of the voting members, 
present and voting, of each appropriate Council or advisory 
committee appointed under laws implementing relevant 
international fishery agreements to which the United States is 
a party.
  (d) Establishment of Fees.--(1) The Secretary shall by 
regulation establish the level of any fees which are authorized 
to be charged pursuant to section 303(b)(1). The Secretary may 
enter into a cooperative agreement with the States concerned 
under which the States administer the permit system and the 
agreement may provide that all or part of the fees collected 
under the system shall accrue to the States. The level of fees 
charged under this subsection shall not exceed the 
administrative costs incurred in issuing the permits.
  (2)(A) Notwithstanding paragraph (1), the Secretary shall 
collect from a person that holds or transfers an individual 
quota issued under a limited access system established under 
section 303(b)(6) fees established by the Secretary in 
accordance with this section and section 9701(b) of title 31, 
United States Code.
  (B) The fees required to be established and collected by the 
Secretary under this paragraph are the following:
          (i) An initial allocation fee in an amount, 
        determined by the Secretary, equal to 1 percent of the 
        value of fish authorized to be harvested in one year 
        under an individual quota, which shall be collected 
        from the person to whom the individual quota is first 
        issued.
          (ii) An annual fee in an amount, determined by the 
        Secretary, not to exceed 4 percent of the value of fish 
        authorized to be harvested each year under an 
        individual quota share, which shall be collected from 
        the holder of the individual quota share.
          (iii) A transfer fee in an amount, determined by the 
        Secretary, equal to 1 percent of the value of fish 
        authorized to be harvested each year under an 
        individual quota share, which shall be collected from a 
        person who permanently transfers the individual quota 
        share to another person.
  (C) In determining the amount of a fee under this paragraph, 
the Secretary shall ensure that the amount is commensurate with 
the cost of managing the fishery with respect to which the fee 
is collected, including reasonable costs for salaries, data 
analysis, and other costs directly related to fishery 
management and enforcement.
  (D) The Secretary, in consultation with the Councils, shall 
promulgate regulations prescribing the method of determining 
under this paragraph the value of fish authorized to be taken 
under an individual quota share, the amount of fees, and the 
method of collecting fees.
  (E) Fees collected under this paragraph from holders of 
individual quotas in a fishery shall be an offsetting 
collection and shall be available to the Secretary only for the 
purposes of administering and implementing this Act with 
respect to that fishery.
  (F) The Secretary may not assess or collect any fee under 
this paragraph with respect to an individual quota system 
established before the date of enactment of the Fishery 
Conservation and Management Amendments of 1995, during the 5-
year period beginning on that date of enactment.
  (e) Fisheries Research.--(1)  * * *
          * * * * * * *
  (4) In developing the plan required under paragraph (2), the 
Secretary shall consult with relevant Federal 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 [Merchant Marine and Fisheries] Resources of the 
House of Representatives.
  (5) The Secretary shall develop and implement a systematic 
program for the assessment and annual reporting to the public 
of the status of fisheries in the Gulf of Mexico subject to 
management under this Act. Such program shall--
          (A) provide for the use of peer-review panels 
        consisting of independent and external experts;
          (B) not exclude peer-reviewers merely because they 
        represent entities that may have an interest or 
        potential interest in the outcome, if that interest is 
        fully disclosed to the Secretary;
          (C) provide opportunity to become part of a peer-
        review panel at a minimum by soliciting nominations 
        through the Federal Register; and
          (D) ensure that all comment and opinions of such 
        peer-review panels are made available to the public.
  (f) [Miscellaneous Duties.--] Fisheries Under Authority of 
More Than One Council.--(1) Except as provided in paragraph 
(3), if any fishery extends beyond the geographical area of 
authority of any one Council, the Secretary may--
          (A)  * * *
          * * * * * * *
  (3)(A)  * * *
          * * * * * * *
  (C) In preparing or amending any fishery management plan 
under this paragraph, the Secretary shall--
          (i)  * * *
          (ii) consult with and consider the comments and views 
        of commissioners and advisory groups appointed under 
        Acts implementing relevant international fishery 
        agreements pertaining to highly migratory species and 
        the plan development team established under paragraph 
        (4);
          * * * * * * *
  (D) Conservation and management measures contained in any 
fishery management plan under this paragraph shall--
          (i) take into consideration traditional fishing 
        patterns of fishing vessels of the United States and 
        the operating requirements of the fisheries;
          [(ii) be fair and equitable in allocating fishing 
        privileges among United States fishermen and not have 
        economic allocation as the sole purpose; and
          [(iii) promote international conservation.]
          (ii) be fair and equitable in allocating fishing 
        privileges among United States fishermen and not have 
        economic allocation as the sole purpose;
          (iii) promote international conservation;
          (iv) minimize the establishment of regulations that 
        require the discarding of Atlantic highly migratory 
        species which cannot be returned to the sea alive; and
          (v) promote the implementation of scientific research 
        programs that include to the extent practicable, the 
        tag, and release of Atlantic highly migratory species.
  (E) With respect to a highly migratory species for which the 
United States is authorized to harvest an [allocation or quota] 
allocation, quota, or fishing mortality level under a relevant 
international fishery agreement, the Secretary shall provide 
fishing vessels of the United States with a reasonable 
opportunity to harvest such [allocation or quota] allocation, 
quota, or fishing mortality level.
  (F) In implementing the provisions of this paragraph, the 
Secretary shall consult with--
          (i) the Secretary of State;
          (ii) commissioners and advisory groups appointed 
        under Acts implementing relevant international fishery 
        agreements pertaining to highly migratory species and 
        the plan development team established under paragraph 
        (4); and
          (iii) appropriate Councils.
    (4)(A) The Secretary shall establish a plan development 
team for each highly migratory species fishery over which the 
Secretary has authority under paragraph (3)(A), to advise the 
Secretary on and participate in the development of each fishery 
management plan or amendment to a plan for the fishery under 
this subsection.
    (B) The plan development team shall--
          (i) consist of not less than 7 individuals who are 
        knowledgeable about the fishery for which the plan or 
        amendment is developed, selected from members of 
        advisory committees and species working groups 
        appointed under Acts implementing relevant 
        international fishery agreements pertaining to highly 
        migratory species and from other interested persons;
          (ii) be balanced in its representation of commercial, 
        recreational, and other interests; and
          (iii) participate in all aspects of the development 
        of the plan or amendment.
    (C) The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to any plan development team established under 
this paragraph.
  (g) Incidental Harvest Research.--(1) Within 9 months after 
the date of enactment of the Fishery Conservation Amendments of 
1990, the Secretary shall, after consultation with the Gulf of 
Mexico Fishery Management Council and South Atlantic Fishery 
Management Council, establish by regulation a [3-year] program 
to assess the impact on fishery resources of incidental harvest 
by the shrimp trawl fishery within the authority of such 
Councils.
          * * * * * * *
  [(4) The Secretary shall, in cooperation with affected 
interests, commence a program to design, and evaluate the 
efficacy of, technological devices and other changes in fishing 
technology for the reduction of incidental mortality of 
nontarget fishery resources in the course of shrimp trawl 
fishing activity. Such program shall take into account local 
conditions and include evaluation of any reduction in 
incidental mortality, as well as any reduction or increase in 
the retention of shrimp in the course of normal fishing 
activity.]
  (4) No later than 12 months after the enactment of the 
Fishery Conservation and Management Amendments of 1995, the 
Secretary shall, in cooperation with affected interests and 
based upon the best scientific information available, complete 
a program to--
          (A) develop technological devices and other changes 
        in fishing operations to minimize the incidental 
        mortality of nontargeted fishery resources in the 
        course of shrimp trawl activity to the extent 
        practicable from the level of mortality at the date of 
        enactment of the Fishery Conservation and Management 
        Amendments of 1990;
          (B) evaluate the ecological impacts and the benefits 
        and costs of such devices and changes in fishing 
        operations; and
          (C) assess whether it is practicable to utilize those 
        nontargeted fishery resources which are not avoidable.
  (5) The Secretary shall, upon completion of the programs 
required by this subsection, submit a detailed report on the 
results of such programs to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on [Merchant 
Marine and Fisheries] Resources of the House of 
Representatives.
  (6)(A)  * * *
  (B) The prohibition contained in subparagraph (A) shall cease 
on [April 1, 1994] the submission under paragraph (5) of the 
detailed report on the program described in paragraph (4).
          * * * * * * *
  (7) Any measure implemented under this Act to reduce the 
incidental mortality of nontargeted fishery resources in the 
course of shrimp trawl fishing shall apply to such fishing 
throughout the range of the nontargeted fishery resource 
concerned.
  (h) Actions by the Secretary on Essential Fishery Habitat.--
(1) Within one year after the date of enactment of the Fishery 
Conservation and Management Amendments of 1995, the Secretary 
shall--
          (A) establish guidelines to assist the Councils in 
        the description of essential fishery habitat in fishery 
        management plans; and
          (B) establish a schedule for the amendment of fishery 
        management plans to describe essential fish habitats.
  (2) The Secretary, in cooperation with the Secretary of the 
Interior, shall identify the essential fishery habitat for each 
fishery for which a fishery management plan is in effect. The 
identification shall be based on the description of essential 
fishery habitat contained in the plan.
  (3) Each Federal agency shall consult with the Secretary with 
respect to any action proposed to be authorized, funded, or 
carried out by such agency that the head of the agency has 
reason to believe, or the Secretary believes, may result in the 
destruction or adverse modification of any essential fishery 
habitat identified by the Secretary under paragraph (2). If the 
Secretary finds that the proposed action would result in 
destruction or adverse modifications of such essential fishery 
habitat, the Secretary shall comment on and make 
recommendations to the agency concerning that action.
  (4) Within 15 days after receiving recommendations from the 
Secretary under paragraph (3) with respect to a proposed 
action, the head of a Federal agency shall provide a detailed, 
written response to the Secretary which describes the measures 
proposed by the agency to avoid, mitigate, or offset the 
adverse impact of the proposed action on the essential fishery 
habitat. In the case of a response that is inconsistent with 
the recommendation of the Secretary, the agency shall explain 
its reasons for not following the recommendations.
  (5) The Secretary shall review programs administered by the 
Department of Commerce to ensure that any relevant programs 
further the conservation and enhancement of essential fishery 
habitat identified by the Secretary under paragraph (2). The 
Secretary shall coordinate with and provide information to 
other Federal agencies to further the conservation and 
enhancement of essential fishery habitat identified by the 
Secretary under paragraph (2).
  (6) Nothing in this subsection shall have the effect of 
amending or repealing any other law or regulation or modifying 
any other responsibility of a Federal agency with respect to 
fisheries habitat.
  (i) Action by the Secretary on Overfishing.--(1) In addition 
to the authority granted to the Secretary under subsection (c), 
if the Secretary finds at any time that overfishing is 
occurring or has occurred in any fishery, the Secretary shall 
immediately notify the appropriate Council and request that 
action be taken to end overfishing in the fishery and to 
establish a rebuilding program for the fishery. The Secretary 
shall publish each notice under this paragraph in the Federal 
Register.
  (2) If the Council does not submit to the Secretary before 
the end of the 1-year period beginning on the date of 
notification under paragraph (1) a fishery management plan, or 
an amendment to the appropriate existing fishery management 
plan, which is intended to address overfishing in the fishery 
and to establish any necessary rebuilding program, then the 
Secretary shall within 9 months after the end of that period 
prepare under subsection (c) a fishery management plan, or an 
amendment to an existing management plan, to end overfishing in 
the fishery and to establish any necessary rebuilding program.
  (3) If the Secretary finds that overfishing is occurring in 
any fishery for which a fishery management plan prepared by the 
Secretary is in effect, the Secretary shall--
          (A) within 1 year act under subsection (c) to amend 
        the plan to end overfishing in the fishery and to 
        establish any necessary rebuilding program; and
          (B) in the case of a highly migratory species 
        fishery, pursue international rebuilding programs.
  (4) Any rebuilding program under this subsection shall 
specify the time period within which the fishery is expected to 
be rebuilt. The time period shall be as short as possible, 
taking into account the biology and natural variability of the 
stock of fish, other environmental factors or conditions which 
would affect the rebuilding program, and the needs of the 
fishing industry. The time period may not exceed 10 years, 
except in cases where the biology of the stock of fish or other 
environmental factors dictates otherwise.
  (5) If the Secretary finds that the action of any Federal 
agency has caused or contributed to the decline of a fishery 
below maximum sustainable yield, the Secretary shall notify the 
agency of the Secretary's finding and recommend steps that can 
be taken by the agency to reverse that decline.
  (6)(A) The Secretary shall review the progress of any 
rebuilding program required under this subsection beginning in 
the third year in which the plan is in effect, and annually 
thereafter.
  (B) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals due to 
reasons related to the reproductive capacity, productivity, 
life span, or natural variability of the fish species concerned 
or other environmental conditions or factors beyond the control 
of the rebuilding program, the Secretary shall--
          (i) reassess the goals of the program;
          (ii) determine, based on the best available 
        scientific information, whether revision to the program 
        is needed; and
          (iii) if the Secretary determines under clause (ii) 
        that such revisions are needed, direct the Council that 
        established the program to make revisions to the 
        program, or in the case of a program established by the 
        Secretary, make such revisions.
  (C) If the Secretary finds as a result of the review that the 
rebuilding program is not meeting its specified goals for 
reasons other than those described in subparagraph (B), the 
Secretary shall direct the Council that established the program 
to make revisions to the program, or in the case of a program 
established by the Secretary, make such revisions.
  (7)(A) The Secretary shall report annually to the Congress 
and the Councils on the status of fisheries within each 
Council's geographic area of authority and identify those 
fisheries that are approaching a condition of being overfished.
  (B) For each fishery that is subject to a fishery management 
plan, the status of the fishery shall be determined for 
purposes of subparagraph (A) in accordance with the 
determination of what constitutes overfishing in the fishery 
included in the plan under section 303(a)(10).
  (C) The Secretary shall identify a fishery under subparagraph 
(A) as approaching a condition of being overfished if, based on 
trends in fishing effort, fishery resource size, and other 
appropriate factors, the Secretary determines that the fishery 
is likely to become overfished within 2 years.
  (D) For any fishery that the Secretary identifies under 
subparagraph (A) as approaching the condition of being 
overfished, the report shall--
          (i) estimate the time frame within which the fishery 
        will reach that condition; and
          (ii) make specific recommendations to the appropriate 
        Council regarding actions that should be taken to 
        prevent that condition from being reached.
  (j) Action on Covered Implementing Regulations Proposed by a 
Council.--(1) After the receipt date of a covered implementing 
regulation submitted by a Council, the Secretary shall--
          (A) immediately commence a review of the covered 
        implementing regulation to determine whether it is 
        consistent with the fishery management plan it would 
        implement, the national standards, the other provisions 
        of this Act, and any other applicable law; and
          (B) immediately publish the covered implementing 
        regulation in the Federal Register and provide a period 
        of not less than 15 days and not more than 45 days for 
        the submission of comments by the public.
  (2) Not later than 75 days after the receipt date of a 
covered implementing regulation submitted by a Council, the 
Secretary shall--
          (A) publish a final regulation on the subject matter 
        of the covered implementing regulation; or
          (B) decline to publish a final regulation.
The Secretary shall provide to the Council in writing an 
explanation of the reasons for the Secretary's action.
  (3) For the purposes of this subsection, the term--
          (A) ``receipt date'' means the 5th day after the day 
        on which a Council submits to the Secretary a covered 
        implementing regulation that the Council characterizes 
        as a final covered implementing regulation; and
          (B) ``covered implementing regulation''--
                  (i) means a proposed amendment to existing 
                regulations implementing a fishery management 
                plan in effect under this Act, which does not 
                have the effect of amending the plan; and
                  (ii) does not include any proposed regulation 
                submitted with a plan or amendment to a plan 
                under section 303(c).
  (k) Pacific Region Stock Assessment.--(1) Not later than 120 
days after the date of enactment of the Fishery Conservation 
and Management Amendments of 1995, the Secretary shall, in 
consultation with the Pacific Fishery Management Council and 
the States of California, Oregon, and Washington, establish a 
Pacific Region Scientific Review Group (in this subsection 
referred to as the ``Group'') consisting of representatives of 
the National Marine Fisheries Service, each of the States of 
California, Oregon, and Washington, universities located in 
those States, commercial and recreational fishermen and shore-
based processors located in those States, and environmental 
organizations. Individuals appointed to serve on the Group 
shall be selected from among individuals who are knowledgeable 
or experienced in the harvesting, processing, biology, or 
ecology of the fish stocks of fish that are managed under the 
Pacific Fisheries Management Council Pacific Coast Groundfish 
Plan (in this subsection referred to as the ``covered Pacific 
stocks'').
  (2) Not later than 180 days after the date of establishment 
of the Group, the Group shall transmit to the Secretary a 
research plan of at least 3 years duration to assess the status 
of the covered Pacific stocks, including the abundance, 
location, and species, age, and gender composition of those 
stocks. The plan shall provide for the use of private vessels 
to conduct stock surveys.
  (3) Immediately upon receiving the plan transmitted under 
paragraph (2), the Secretary shall take action necessary to 
carry out the plan, including, subject to the availability of 
appropriations, chartering private vessels, arranging for the 
deployment of scientists on those vessels (including the 
payment of increased insurance costs to vessel owners), and 
obtaining the assistance of shore-based fish processors.
  (4) The Secretary may offset the cost of carrying out the 
plan by entering into agreements with vessel owners or shore-
based fish processors to provide vessel owners or shore-based 
fish processors with a portion of the total allowable catch 
reserved for research purposes under section 303(b).
  (l) Action on Limited Access Systems.--(1) In addition to the 
other requirements of this Act, the Secretary may not approve a 
fishery management plan that establishes a limited access 
system that provides for the allocation of individual quotas 
(in this subsection referred to as an ``individual quota 
system'') unless the plan complies with section 303(g).
  (2) Within 1 year after receipt of recommendations from the 
review panel established under paragraph (3), the Secretary 
shall issue regulations which establish requirements for 
establishing an individual quota system. The regulations shall 
be developed in accordance with the recommendations. The 
regulations shall--
          (A) specify factors that shall be considered by a 
        Council in determining whether a fishery should be 
        managed under an individual quota system;
          (B) ensure that any individual quota system is 
        consistent with the requirements of sections 303(b) and 
        303(g), and require the collection of fees in 
        accordance with subsection (d)(2);
          (C) provide for appropriate penalties for violations 
        of individual quotas systems, including the revocation 
        of individual quotas for such violations;
          (D) include recommendations for potential management 
        options related to individual quotas, including the 
        authorization of individual quotas that may not be 
        transferred by the holder, and the use of leases or 
        auctions by the Federal Government in the establishment 
        or allocation of individual quotas; and
          (E) establish a central lien registry system for the 
        identification, perfection, and determination of lien 
        priorities, and nonjudicial foreclosure of 
        encumbrances, on individual quotas.
  (3)(A) Not later than 6 months after the date of the 
enactment of the Fishery Conservation and Management Amendments 
of 1995, the Secretary shall establish a review panel to 
evaluate fishery management plans in effect under this Act that 
establish a system for limiting access to a fishery, including 
individual quota systems, and other limited access systems, 
with particular attention to--
          (i) the success of the systems in conserving and 
        managing fisheries;
          (ii) the costs of implementing and enforcing the 
        systems;
          (iii) the economic effects of the systems on local 
        communities; and
          (iv) the use of limited access systems under which 
        individual quotas may not be transferred by the holder, 
        and the use of leases or auctions in the establishment 
        or allocation of individual quota shares.
  (B) The review panel shall consist of--
          (i) the Secretary or a designee of the Secretary;
          (ii) a representative of each Council, selected by 
        the Council;
          (iii) 3 representatives of the commercial fishing and 
        processing industry; and
          (iv) one at large representative who is selected by 
        reason of occupational or other experience, scientific 
        expertise, or training, and who is knowledgeable 
        regarding the conservation and management or the 
        commercial or recreational harvest of fishery 
        resources.
  (C) Based on the evaluation required under subparagraph (A), 
the review panel shall, by September 30, 1997, submit 
recommendations--
          (i) to the Councils and the Secretary with respect to 
        the revision of individual quota systems that were 
        established under this Act prior to June 1, 1995; and
          (ii) to the Secretary for the development of the 
        regulations required under paragraph (2).
  (m) Fishery Monitoring.--(1) The Secretary shall develop a 
plan for the Gulf of Mexico region to collect, assess, and 
report statistics concerning the fisheries in each such region.
  (2) The plan under this subsection shall--
          (A) provide fishery managers and the public with 
        timely and accurate information concerning harvests and 
        fishing effort;
          (B) minimize paperwork and regulatory burdens on 
        fishermen and fish buyers;
          (C) minimize costs to Federal and State agencies;
          (D) avoid duplication and inconsistencies in the 
        collection, assessment, and reporting of fishery 
        statistics; and
          (E) ensure the confidentiality of information.
  (3) The Secretary shall ensure that fishermen, fish buyers, 
and other individuals potentially impacted by the plan required 
under this subsection are actively involved in all stages of 
the development of such plan and that appropriate fishery 
management agencies are consulted.
  (4) No later than 9 months after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the 
Secretary shall publish notice of a proposed plan required 
under this subsection and provide the public with a reasonable 
opportunity to comment on such proposed plan. The Secretary 
shall consider such comments before submitting the plan under 
paragraph (5).
  (5) No later than one year after the date of enactment of the 
Fishery Conservation and Management Amendments of 1995, the 
Secretary shall submit a final plan under this subsection to 
the Committee on Resources of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate.
SEC. 305. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.

  (a)  * * *
          * * * * * * *
  (c) Emergency Actions.--(1)  * * *
  (2) If a Council finds that an emergency exists involving any 
fishery within its jurisdiction, whether or not a fishery 
management plan exists for such fishery--
          (A) the Secretary shall promulgate emergency 
        regulations under paragraph (1) to address the 
        emergency if the Council, by unanimous vote of the 
        members who are voting members under section 302(b)(1) 
        (A) and (C), requests the taking of such action; and
          * * * * * * *
  (3) Any emergency regulation which changes any existing 
fishery management plan or amendment shall be treated as an 
amendment to such plan for the period in which such regulation 
is in effect. Any emergency regulation promulgated under this 
subsection--
          (A) shall be published in the Federal Register 
        together with the reasons therefor;
          [(B) shall remain in effect for not more than 90 days 
        after the date of such publication, except that any 
        such regulation may, by agreement of the Secretary and 
        the Council, be promulgated for one additional period 
        of not more than 90 days; and]
          (B) shall remain in effect for not more than 180 days 
        after the date of such publication, except that any 
        such regulation may, by agreement of the Secretary and 
        the Council and after notice and an opportunity for 
        submission of comments by the public, be effective for 
        1 additional period of not more than 180 days; and
          * * * * * * *
  (4) The Secretary may promulgate emergency regulations under 
this subsection to protect the public health. Notwithstanding 
paragraph (3), regulations promulgated under this paragraph 
shall remain in effect until withdrawn by the Secretary. The 
Secretary shall promptly withdraw regulations under this 
paragraph when the circumstances requiring the regulations no 
longer exist. The Secretary shall provide an opportunity for 
submission of comments by the public after regulations are 
promulgated under this paragraph.
  (5) An emergency regulation promulgated under this subsection 
that closes an area to fishing shall not remain in effect for 
an additional period under paragraph (3)(B) unless before the 
beginning of the additional period the Council having 
jurisdiction over the area, in conjunction with the Secretary, 
publishes a report on the status of the fishery in the area 
that includes an analysis of the costs and benefits of the 
closure.
          * * * * * * *

SEC. 306. STATE JURISDICTION.

  (a)  * * *
  (b) Exception.--(1)  * * *
          * * * * * * *
  (3) For any fishery occurring off the coasts of Alaska for 
which there is no Federal fishery management plan approved and 
implemented pursuant to this Act, or pursuant to delegation to 
a State in a fishery management plan, a State may enforce its 
laws or regulations pertaining to the taking of fish in the 
exclusive economic zone off that State or the landing of fish 
caught in the exclusive economic zone providing there is a 
legitimate State interest in the conservation and management of 
that fishery, until a Federal fishery management plan is 
implemented. Fisheries currently managed pursuant to a Federal 
fishery management plan shall not be removed from Federal 
management and placed under State authority without the 
unanimous consent (except for the Regional Director of the 
National Marine Fisheries Service) of the Council which 
developed the fishery management plan.
  (c) Exception Regarding Foreign Fish Processing in Internal 
Waters.--(1) A foreign fishing vessel may engage in fish 
processing within the internal waters of a State if, and only 
if--
          (A) the vessel is qualified for purposes of this 
        paragraph pursuant to paragraph (4)(C); [and]
          (B) the owner or operator of the vessel applies to 
        the Governor of the State for, and (subject to 
        paragraph (2)) is granted, permission for the vessel to 
        engage in such processing and the application specifies 
        the species to be processed[.]; and
          (C) the owner or operator of the vessel submits to 
        the appropriate Council and the Secretary, in a manner 
        prescribed by the Secretary, periodic reports on the 
        tonnage of fish received from vessels of the United 
        States and the locations from which such fish were 
        harvested.
          * * * * * * *

SEC. 307. PROHIBITED ACTS.

  It is unlawful--
          (1) for any person--
                  (A)  * * *
          * * * * * * *
                  (K) [to knowingly steal, or without 
                authorization, to] to steal, or to negligently 
                remove, damage, or tamper with--
                          (i)  * * *
          * * * * * * *
                  (M) to engage in large-scale driftnet fishing 
                that is subject to the jurisdiction of the 
                United States, including use of a fishing 
                vessel of the United States to engage in such 
                fishing beyond the exclusive economic zone of 
                any nation; [or]
                  (N) to strip pollock of its roe and discard 
                the flesh of the pollock[.]; or
                  (O) to knowingly and willfully fail to 
                disclose or falsely disclose any financial 
                interest as required under section 302(k) or to 
                knowingly violate any rule established under 
                section 302(k)(8).
          (2) for any vessel other than a vessel of the United 
        States, and for the owner or operator of any vessel 
        other than a vessel of the United States, to engage--
                  (A) in fishing within the boundaries of any 
                State, except recreational fishing permitted 
                under section 201(j);
                  [(B) in fishing, except recreational fishing 
                permitted under section 201(j), within the 
                exclusive economic zone, or for any anadromous 
                species or Continental Shelf fishery resources 
                beyond such zone or areas, unless such fishing 
                is authorized by, and conducted in accordance 
                with, a valid and applicable permit issued 
                pursuant to section 204 (b) or (c); or]
                  (B) in fishing, except recreational fishing 
                permitted under section 201(j), within the 
                exclusive economic zone or within the special 
                areas, or for any anadromous species or 
                Continental Shelf fishery resources beyond such 
                zone or areas, or in fishing consisting of 
                transporting fish products from a point within 
                the boundaries of any State or the exclusive 
                economic zone or the special areas, unless such 
                fishing is authorized under, and conducted in 
                accordance with, a valid and applicable permit 
                issued under section 204, except that this 
                subparagraph shall not apply to fishing within 
                the special areas 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; or
          * * * * * * *

SEC. 308. CIVIL PENALTIES AND PERMIT SANCTIONS.

  (a) Assessment of Penalty.--Any person who 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 shall be liable 
to the United States for a civil penalty. The amount of the 
civil penalty shall not exceed $100,000 for each violation. 
Each day of a continuing violation shall constitute a separate 
offense. The amount of such civil penalty shall be assessed by 
the Secretary, or his designee, by written notice. In 
determining the amount of such penalty, the Secretary shall 
take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, with respect to 
the violator, the degree of culpability, any history of prior 
offenses, [ability to pay,] and such other matters as justice 
may require. In assessing such penalty, the Secretary may also 
consider facts relating to the ability of the violator to pay 
that are established by the violator in a timely manner.
          * * * * * * *

SEC. 313. NORTH PACIFIC FISHERIES RESEARCH PLAN.

  (a)  * * *
          * * * * * * *
  (f) Bering Sea Community Development Quota Program.--(1) The 
North Pacific Fishery Management 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 western Alaska 
communities that participate in the program.
  (2) To be eligible to participate in the western Alaska 
community development quota program under paragraph (1), a 
community must--
          (A) 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;
          (B) not be located on the Gulf of Alaska coast of the 
        north Pacific Ocean;
          (C) meet criteria developed by the Governor of 
        Alaska, approved by the Secretary, and published in the 
        Federal Register;
          (D) be certified by the Secretary of the Interior 
        pursuant to the Alaska Native Claims Settlement Act to 
        be a Native village;
          (E) consist of residents who conduct more than one-
        half of their current commercial or subsistence fishing 
        effort in the waters of the Bering Sea and Aleutian 
        Islands management area; and
          (F) not have previously developed harvesting or 
        processing capability sufficient to support substantial 
        participation in the groundfish fisheries in the Bering 
        Sea, unless the community can show that the benefits 
        from an approved Community Development Plan would be 
        the only way for the community to realize a return from 
        previous investments.
          * * * * * * *
SEC. 315. RIGHTS OF OBSERVERS.

  (a) Civil Action.--An observer on a vessel (or the observer's 
personal representative) under the requirements of this Act or 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
seq.) that is ill, disabled, injured, or killed from service as 
an observer on that vessel may not bring a civil action under 
any law of the United States for that illness, disability for 
that illness, disability, injury, or death against the vessel 
or vessel owner, except that a civil action may be brought 
against the vessel owner for the owner's willful misconduct.
  (b) Exception.--Subsection (a) does not apply if the observer 
is engaged by the owner, master, or individual in charge of a 
vessel to perform any duties in service to the vessel.
SEC. 316. FISHING CAPACITY REDUCTION PROGRAMS.

  (a) Authority to Conduct Program.--The Secretary, with the 
concurrence of the Council having authority over a fishery, may 
conduct a voluntary fishing capacity reduction program for a 
fishery in accordance with this section, if--
          (1) the Secretary--
                  (A) determines that the program is necessary 
                for rebuilding, preventing overfishing, or 
                generally improving conservation and management 
                of the fishery; or
                  (B) is requested to do so by the Council with 
                authority over the fishery; and
          (2) there is in effect under section 304 a fishery 
        management plan that--
                  (A) limits access to the fishery through a 
                Federal fishing permit required by a limited 
                access system established under section 
                303(b)(6); and
                  (B) prevents the replacement of fishing 
                capacity eliminated by the program through--
                          (i) a moratorium on the issuance of 
                        new Federal fishing permits for the 
                        duration of the repayment period; and
                          (ii) restrictions on fishing vessel 
                        capacity upgrading.
  (b) Program Requirements.--Under a fishing capacity reduction 
program conducted under this section for a fishery, the 
Secretary shall--
          (1) seek to permanently reduce the maximum effective 
        fishing capacity at the least cost and in the shortest 
        period of time through the removal of vessels and 
        permits from the fishery;
          (2) make payments to--
                  (A) scrap or otherwise render permanently 
                unusable for fishing in the United States, 
                vessels that operate in the fishery; and
                  (B) acquire the Federal fishing permits that 
                authorize participation in the fishery;
          (3) provide for the funding of those payments by 
        persons that participate in the fishery, by 
        establishing and imposing fees on holders of Federal 
        fishing permits under this Act that authorize that 
        participation;
          (4) establish criteria for determining the types of 
        vessels and permits which are eligible to participate 
        in the program, that--
                  (A) assess vessel impact on the fishery;
                  (B) minimize program costs; and
                  (C) take into consideration--
                          (i) previous fishing capacity 
                        reduction programs; and
                          (ii) the characteristics of the 
                        fishery;
          (5) establish procedures for determining the amount 
        of payments under paragraph (1); and
          (6) identify sources of funding for the program in 
        addition to the amounts referred to in subsection 
        (f)(2)(A), (B), (C), and (D).
  (c) Payments.--
          (1) In general.--As part of a fishing capacity 
        reduction program under this section, and subject to 
        paragraph (2) the Secretary shall make payments under 
        subsection (b)(2).
          (2) Establishment of fee required.--The Secretary may 
        not make any payment under paragraph (1) for a fishery 
        unless there is in effect for the fishery a fee under 
        subsection (d).
          (3) Limitation on total amount of payments for 
        fishery.--The total amount of payments under paragraph 
        (1) for a fishery may not exceed the total amount the 
        Secretary projects will be deposited into the Fund from 
        fees that apply to the fishery under subsection (d).
  (d) Fees.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary, with the concurrence of a 
        majority of the voting members of a Council having 
        authority over a fishery for which a fishing capacity 
        reduction program is conducted under this section, may 
        establish an annual fee on holders of Federal fishing 
        permits authorizing participation in the fishery.
          (2) Amount of fee.--The amount of a fee established 
        under this subsection for a fishery described in 
        paragraph (1)--
                  (A) shall be adequate to ensure that the 
                total amount collected in the form of the fee 
                will not be less than the amount the Secretary 
                determines is necessary for payments under 
                subsection (b)(2) to reduce fishing capacity in 
                the fishery to a level that will ensure the 
                long-term health of the fishery;
                  (B) shall be based on--
                          (i) the value of the fishery;
                          (ii) the projected number of 
                        participants in the fishery;
                          (iii) the projected catch in the 
                        fishery; and
                          (iv) the direct costs of implementing 
                        a fishing capacity reduction program 
                        under this section for the fishery; and
                  (C) may not exceed, for any permit holder, 5 
                percent of the value of fish harvested under 
                the permit each year.
          (3) Effective period.--A fee under this subsection 
        may not be in effect for more than 15 years.
          (4) Use of amounts received.--Amounts received by the 
        United States as fees under this subsection--
                  (A) shall be deposited into the Fund; and
                  (B) may not be used to pay any administrative 
                overhead or other costs not directly incurred 
                in implementing this section with respect to 
                the fishery.
  (e) Advisory Panels.--
          (1) In general.--The Secretary shall establish for 
        each fishery for which a fishing capacity reduction 
        program is conducted under this section an advisory 
        panel to advise the Secretary regarding that program.
          (2) Membership.--Each advisory panel under this 
        subsection shall consist of individuals appointed by 
        the Secretary and shall include representatives of--
                  (A) the Department of Commerce,
                  (B) Councils having authority over fisheries 
                for which the panel is established,
                  (C) appropriate sectors of the fishing 
                industry affected by fishing capacity reduction 
                programs under this sections, and
                  (D) appropriate States affected by such 
                programs.
  (f) Fisheries Conservation and Restoration Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a separate account which 
        shall be known as the Fisheries Conservation and 
        Restoration Fund (in this section referred to as the 
        ``Fund'').
          (2) Deposits into the fund.--There shall be deposited 
        into the Fund--
                  (A) amounts appropriated 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)), popularly 
                known as the Saltonstall-Kennedy Act;
                  (B) amounts paid to the United States 
                Government as fees established under subsection 
                (d);
                  (C) any other amounts appropriated for 
                fisheries disaster that the Secretary 
                determines should be used for fishing capacity 
                reduction programs under this section; and
                  (D) any other amounts appropriated for making 
                payments under subsection (b)(2).
          (3) Availability.--
                  (A) In general.--Amounts in the Fund shall be 
                available to the Secretary without fiscal year 
                limitation for making payments under subsection 
                (b)(2).
                  (B) Management of unneeded balance.--Amounts 
                in the Fund that are not currently needed for 
                the purposes of this section shall be invested 
                in obligations of, or guaranteed by, the United 
                States.
  (g) Expiration of Acquired Permits.--Permits acquired by the 
Secretary under subsection (b)(2)(B)--
          (1) shall not be effective after the date of that 
        acquisition; and
          (2) may not be reissued or replaced.
                   [TITLE IV--MISCELLANOUS PROVISIONS

[SEC. 402. REPEALS.

  [(a) The Act of October 14, 1966 (16 U.S.C. 1091-1094), is 
repealed as of March 1, 1977.
  [(b) The Act of May 20, 1964 (16 U.S.C. 1081-1086), is 
repealed as of March 1, 1977.

[SEC. 403. FISHERMEN'S PROTECTIVE ACT AMENDMENTS.

  [(a) Amendments.--The Act of August 27, 1954 (22 U.S.C. 
1972), is amended--
          [(1) by amending section 2 thereof to read as 
        follows:
  [``Sec. 2. If--
          [``(1) any vessel of the United States is seized by a 
        foreign country on the basis of claims in territorial 
        waters or the high seas which are not recognized by the 
        United States; or
          [``(2) any general claim of any foreign country to 
        exclusive fishery management authority is recognized by 
        the United States, and any vessel of the United States 
        is seized by such foreign country on the basis of 
        conditions and restrictions under such claim, if such 
        conditions and restrictions--
                  [``(A) are unrelated to fishery conservation 
                and management,
                  [``(B) fail to consider and take into account 
                traditional fishing practices of vessels of the 
                United States,
                  [``(C) are greater or more onerous than the 
                conditions and restrictions which the United 
                States applies to foreign fishing vessels 
                subject to the exclusive fishery management 
                authority of the United States (as established 
                in title I of the Fishery Conservation and 
                Management Act of 1976), or
                  [``(D) fail to allow fishing vessels of the 
                United States equitable access to fish subject 
                to such country's exclusive fishery management 
                authority;
        and there is no dispute as to the material facts with 
        respect to the location or activity of such vessel at 
        the time of such seizure, the Secretary of State shall 
        immediately take such steps as are necessary--
                  [``(i) for the protection of such vessel and 
                for the health and welfare of its crew;
                  [``(ii) to secure the release of such vessel 
                and its crew; and
                  [``(iii) to determine the amount of any fine, 
                license, fee, registration fee, or other direct 
                charge reimbursable under section 3(a) of this 
                Act.''; and
          [(2) by amending section 3(a) thereof by inserting 
        immediately before the last sentence thereof the 
        following new sentence: ``For purposes of this section, 
        the term `other direct charge' means any levy, however 
        characterized or computed (including, but not limited 
        to, any computation based on the value of a vessel or 
        the value of fish or other property on board a vessel), 
        which is imposed in addition to any fine, license fee, 
        or registration fee.''
  [(b) Effective Date.--The amendment made by subsection (a)(1) 
shall take effect March 1, 1977. The amendment made by 
subsection (a)(2) shall apply with respect to seizures of 
vessels of the United States occurring on or after December 31, 
1974.

[SEC. 404. MARINE MAMMAL PROTECTION ACT AMENDMENT.

  [(a) Amendment.--Section 3(15)(B) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362(15)(B)) is amended by 
striking out ``the fisheries zone established pursuant to the 
Act of October 14, 1966.'' and inserting in lieu thereof ``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 outer 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.''.
  [(b) Effective Date.--The amendment made by subsection (a) 
shall take effect March 1, 1977.
[SEC. 405. ATLANTIC TUNAS CONVENTION ACT AMENDMENT.

  [(a) Amendment.--Section 2(4) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971(4)) is amended by 
striking out ``the fisheries zone established pursuant to the 
Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091-1094),'' 
and inserting in lieu thereof ``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 outer 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.''.
  [(b) Effective Date.--The amendment made by subsection (a) 
shall take effect March 1, 1977.

[SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Secretary, 
for purposes of carrying out the provisions of this Act, not to 
exceed the following sums:
          [(1) $5,000,000 for the fiscal year ending June 30, 
        1976.
          [(2) $5,000,000 for the transitional fiscal quarter 
        ending September 30, 1976.
          [(3) $25,000,000 for the fiscal year ending September 
        30, 1977.
          [(4) $30,000,000 for the fiscal year ending September 
        30, 1978.
          [(5) $30,000,000 for the fiscal year ending September 
        30, 1979.
          [(6) $33,000,000 for the fiscal year ending September 
        30, 1980.
          [(7) $40,000,000 for the fiscal year ending September 
        30, 1981.
          [(8) $47,000,000 for the fiscal year ending September 
        30, 1982.
          [(9) $59,000,000 for the fiscal year ending September 
        30, 1983.
          [(10) $64,000,000 for the fiscal year ending 
        September 30, 1984.
          [(11) $69,000,000 for the fiscal year ending 
        September 30, 1985.
          [(12) $69,000,000 for fiscal year 1986.
          [(13) $70,800,000 for fiscal year 1987.
          [(14) $72,900,000 for fiscal year 1988.
          [(15) $75,000,000 for fiscal year 1989.
          [(16) $77,200,000 for the fiscal year ending 
        September 30, 1990.
          [(17) $94,000,000 for the fiscal year ending 
        September 30, 1991, of which $6,500,000 shall be used 
        for enforcement and $5,000,000 shall be used to 
        increase research and assessment efforts.
          [(18) $98,000,000 for the fiscal year ending 
        September 30, 1992.
          [(19) $102,000,000 for the fiscal year ending 
        September 30, 1993.]
                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary, for 
carrying out this Act, the following:
          (1) $114,000,000 for fiscal year 1996.
          (2) $118,000,000 for fiscal year 1997.
          (3) $122,000,000 for fiscal year 1998.
          (4) $126,000,000 for fiscal year 1999.
          (5) $130,000,000 for fiscal year 2000.
                              ----------                              


                          ACT OF MARCH 9, 1992

   AN ACT To provide for the designation of the Flower Garden Banks 
                       National Marine Sanctuary
          * * * * * * *

TITLE III--IMPLEMENTATION OF MARITIME BOUNDARY AGREEMENT AMENDMENTS TO 
            MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

  Sec. 301. (a)  * * *
          * * * * * * *
  (h) Prohibited Acts.--Section 307 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1857) is amended--
          (1)  * * *
          (2) in paragraph (2)(B)--
                  [(A) by inserting ``within the special 
                areas,'' immediately after ``exclusive economic 
                zone''; and]
          * * * * * * *

          [amendments to marine mammal protection act of 1972

  [Sec. 304. Section 3(14) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1362(14)) is amended to read as follows:
          [``(14) 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 outer 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.''.]
          * * * * * * *
                              ----------                              


                SECTION 2 OF THE ACT OF AUGUST 11, 1939

            (POPULARLY KNOWN AS THE SALTONSTALL-KENNEDY ACT)

      Sec. 2. (a)  * * *
  (b) Fund.--(1) The Secretary of Agriculture shall transfer to 
the Secretary each fiscal year, beginning with the fiscal year 
commencing July 1, 1954, and ending on June 30, 1957, from 
moneys made available to carry out the provisions of section 32 
of such Act of August 24, 1935, an amount equal to 30 per 
centum of the gross receipts from duties collected under the 
customs laws on fishery products (including fish, shellfish, 
mollusks, crustacea, aquatic plants and animals, and any 
products thereof, including processed and manufactured 
products), which shall be maintained in a separate fund only 
for--
          (A) use by the Secretary--
                  (i) to provide financial assistance for the 
                purpose of carrying out fisheries research and 
                development projects approved under subsection 
                (c),
                  (ii) to implement the national fisheries 
                research and development program provided for 
                under subsection (d); [and]
                  (iii) to implement the Northwest Atlantic 
                Ocean Fisheries Reinvestment Program 
                established under section 314 of the Magnuson 
                Fishery Conservation and Management Act[.]; and
                  (iv) to fund fishing capacity reduction 
                programs under section 316 of the Magnuson 
                Fishery Conservation and Management Act, by 
                depositing a portion of amounts transferred 
                into the Fisheries Conservation and Restoration 
                Fund established by that section; and
          * * * * * * *
                              ----------                              


         SECTION 3 OF THE MARINE MAMMAL PROTECTION ACT OF 1972

  Sec. 3. For the purposes of this Act--
          (1)  * * *
          * * * * * * *
          [(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 outer 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.]
          (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 outer 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.
          * * * * * * *