[Senate Report 104-276]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 422
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-276
_______________________________________________________________________


 
                       SUSTAINABLE FISHERIES ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                 S. 39





                                     
                  May 23, 1996.--Ordered to be printed



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

    one hundred fourth congress

          second session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina
DANIEL K. INOUYE, Hawaii             TED STEVENS, Alaska
WENDELL H. FORD, Kentucky            JOHN McCAIN, Arizona
J. JAMES EXON, Nebraska              CONRAD BURNS, Montana
JOHN D. ROCKEFELLER IV, West VirginiaSLADE GORTON, Washington
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
RICHARD H. BRYAN, Nevada             OLYMPIA SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ASHCROFT, Missouri
                                     BILL FRIST, Tennessee
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director



                                                       Calendar No. 422
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-276
_______________________________________________________________________


                       SUSTAINABLE FISHERIES ACT
                                _______


                  May 23, 1996.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                          [To accompany S. 39]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 39) ``A bill to amend the 
Magnuson Fishery Conservation and Management Act to authorize 
appropriations, to provide for sustainable fisheries, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill as amended do pass.

                          Purpose of the Bill

    The purpose of S. 39, the Sustainable Fisheries Act, is to 
extend the authorization of appropriations for the Magnuson 
Fishery Conservation and Management Act (Magnuson Act) through 
fiscal year (FY) 2000. The bill, as reported, also would: (1) 
require action to prevent overfishing and rebuild depleted 
fisheries; (2) expand existing Federal authority to identify 
and protect essential fish habitat; (3) minimize waste and 
discards of unusable fish; (4) streamline the approval process 
for fishery management plans and regulations; (5) tighten 
financial disclosure and conflict-of-interest requirements for 
members of regional fishery management councils (Councils); (6) 
impose a moratorium on management programs that allow 
individual fishing quotas and establish a lien registry and 
fees for such plans; (7) authorize fishing capacity reduction 
programs and fisheries disaster relief; (8) broaden and update 
federal fishery financing programs; and (9) reauthorize other 
fishery programs and statutes, including the 
Interjurisdictional Fisheries Act, the Anadromous Fish 
Conservation Act, and the Atlantic Coastal Fisheries 
Cooperative Management Act.

                          Background and Needs

    The fishery resources found off U.S. shores are a valuable 
national heritage. In 1994, U.S. commercial fisheries produced 
$3.8 billion in dockside revenues, contributing a total of 
$20.2 billion (of value added) to the Gross National Product. 
By weight of catch, the United States is the world's fifth 
largest fishing nation, harvesting almost five million tons of 
fish annually. The United States also is the second largest 
seafood exporter, with exports valued at over $3 billion in 
1994. In addition to supporting the commercial seafood 
industry, U.S. fishery resources provide enjoyment for about 15 
million saltwater anglers who take home more than 350 million 
fish each year.

            Magnuson Fishery Conservation and Management Act

    The Magnuson Act provides a national framework for 
conserving and managing marine fisheries within the U.S. 
exclusive economic zone (EEZ) that extends from the seaward 
boundary of each coastal state and territory out to 200 
nautical miles from shore, through eight Councils. Each Council 
is composed of government, industry, recreational, academic and 
environmental representatives and has authority over the 
fisheries in their respective areas of the EEZ. The voting 
members of each Council include the regional fisheries director 
of the National Oceanic and Atmospheric Administration (NOAA), 
the chief fishery official from each state, and from four to 12 
individuals with fishery expertise. The primary responsibility 
of a Council is to develop fishery management plans and 
amendments to approved plans for important fishery resources. 
Each plan must be consistent with national standards 
established under the Magnuson Act, including a requirement 
that the plan prevent overfishing.
    The Secretary of Commerce (Secretary), through NOAA's 
National Marine Fisheries Service (NMFS), administers the 
Magnuson Act and reviews, approves, and implements each fishery 
management plan prepared by a Council. The Secretary is 
authorized to prepare a management plan if: (1) a Council fails 
to prepare a plan within a reasonable period of time for a 
fishery that requires conservation and management; or (2) the 
Secretary disapproves a plan or revised plan and the Council 
involved fails to submit a revised or further revised plan. In 
addition, the Secretary is responsible for the development of 
plans for wide-ranging Atlantic fish species like tuna and 
swordfish. Fisheries law enforcement is the joint 
responsibility of the Secretary and the Secretary of 
Transportation through the Coast Guard.
    In the twenty years since enactment of the Magnuson Act, 
the fishery management process has continued to change and 
evolve. In this reauthorization, a number of procedural issues 
have been raised including: authority to issue individual 
fishing quotas (IFQs); streamlining the regulatory process and 
increasing flexibility; conflicts of interest in the Councils; 
division of responsibility between the Secretary and the 
Councils; management of wide-ranging fisheries like tuna; 
Federal-state jurisdiction in the management of coastal 
fisheries; and Native American representation on the Pacific 
Council.
    One of the Magnuson Act goals--the ``Americanization'' of 
fisheries within the U.S. 200-mile zone--has been largely 
achieved. Unfortunately, the elimination of foreign fishing has 
not been accompanied by the expected transition to stable and 
sustainable harvests by American fishermen. A 1995 NOAA report 
estimates that the long-term potential yield for U.S. fisheries 
could be as high as 10.3 million tons annually, about 30 
percent higher than current harvests. Such long-term estimates 
are difficult to calculate, and their accuracy is open to 
question. However, more effective conservation and management 
eventually could lead to stable harvests at higher levels and 
substantial long-term economic benefit to the Nation. Among the 
challenges to sustainable use of U.S. fishery resources are: 
(1) overfishing; (2) marine habitat destruction; (3) waste and 
bycatch of nontarget species; and (4) limited scientific 
information and understanding.

                          Other Authorizations

Atlantic Coastal Fisheries Cooperative Management Act

    This Act is patterned after the successful Atlantic Striped 
Bass Conservation Act to improve management of coastal 
fisheries along the Atlantic Coast. The Act encourages all 
states to cooperate by establishing a procedure under which the 
Secretary is authorized to impose a Federal fishing moratorium 
on Atlantic states that violate interstate fishery management 
guidelines. The procedure is as follows: (1) the Atlantic 
States Marine Fisheries Commission (Atlantic Commission) would 
develop coastal fishery management plans identifying state 
requirements and establishing a timetable for implementation; 
(2) the Atlantic Commission would monitor state efforts and 
notify the Secretaries of Commerce and the Interior if a state 
fails to comply; (3) the Secretary would review and make a 
finding on whether the state's failure in compliance threatened 
the conservation of the involved fishery; (4) upon an 
affirmative finding, the Secretary would impose a federally 
enforced moratorium for that fishery within the waters of the 
offending state; and (5) the moratorium would be lifted when 
the state came into compliance with the applicable plan.

The Anadromous Fish Conservation Act

    This law was enacted in 1965 for the purpose of managing, 
conserving and enhancing the Nation's anadromous fishery 
resources, including those of the Great Lakes and Lake 
Champlain. Anadromous fish are those species which live in 
marine waters during their adult lives, then return to 
freshwater rivers to spawn. The Anadramous Fish Conservation 
Act establishes the only comprehensive effort for managing 
anadromous fish resources. Among the species covered are 
salmon, striped bass, shad, sturgeon, and steelhead trout, all 
of which contribute significantly to commercial and 
recreational fisheries in 32 coastal and Great Lake states.

Interjurisdictional Fisheries Act

    In 1986, the Interjurisdictional Fisheries Act was enacted 
to promote and encourage the management of important 
interjurisdictional fishery resources. These resources include 
nearshore fisheries which typically occur in waters under the 
jurisdiction of one or more states and the Federal government. 
The Interjurisdictional Fisheries Act encourages the management 
of interjurisdictional fishery resources throughout the range 
and provides grants to States for research in support of such 
management. It also authorizes emergency grants to states to 
mitigate the impacts of commercial fishery failures. In 1992, 
following Hurricane Andrew, $65 million was appropriated under 
the Interjurisdictional Fisheries Act to compensate fishermen 
for their losses. In August, 1995, Secretary Brown proposed to 
make $55 million of this appropriation available for fishery 
disaster relief in New England, the Gulf of Mexico, and the 
Northwest. However, the current law imposes restrictions on 
those funds that are impediments to their use in all three 
regions.

                          Legislative History

    The Magnuson Act was last reauthorized in 1990 (Public Law 
101-627), and the current authorization of appropriations 
expired on September 30, 1993. S. 39, the Sustainable Fisheries 
Act, was introduced by Senators Stevens, Kerry and Murkowski on 
January 4, 1995, and was referred to the Committee on Commerce, 
Science, and Transportation. Senators Hollings, Pressler, Lott, 
Inouye and Simpson also are cosponsors. The introduced bill 
represented more than two years of work with numerous meetings 
and public hearings held in Washington, D.C. and in coastal 
regions around the United States. S. 39 is similar to 
legislation introduced in the 103rd Congress (S. 2538) but not 
acted upon. The Sustainable Fisheries Act is a bipartisan 
effort to strengthen management and conservation of U.S. 
fishery resources, address social and economic issues raised by 
fishermen and coastal communities seeking to maintain or 
develop sustainable fisheries, and reform the management 
process.
    On March 4, 1995, oversight hearings were conducted by 
Senator Stevens, Chairman of the Subcommittee on Oceans and 
Fisheries, in Boston, Massachusetts and Rockport, Maine. 
Oversight hearings also were held on March 18, 1995 in Seattle, 
Washington; March 25, 1995 in Anchorage, Alaska; May 13, 1995 
in New Orleans, Louisiana; July 15, 1995 in Charleston, South 
Carolina and July 17, 1995 in Morehead City, North Carolina. At 
these hearings over 175 individuals provided testimony on a 
wide range of issues related to the Magnuson Act in general and 
the specific provisions of S. 39.
    On May 22, 1995, Senators Breaux, Lott, Gorton and 
Hutchison provided to the Subcommittee the text of an amendment 
in the nature of a substitute for S. 39 for consideration as 
the authorization process moved forward.
    On March 28, 1996, in open executive session, the Committee 
without objection, ordered S. 39 reported with amendments. The 
Committee considered an amendment in the nature of a substitute 
that modified and incorporated legislative proposals from the 
bill as introduced, the House-passed companion bill, H.R. 39, 
the substitute legislation developed by Senator Breaux and 
others, and numerous recommendations made during the hearing 
process. In addition, the Committee agreed to five amendments: 
(1) a package of technical changes offered by Senator Stevens; 
(2) a moratorium on new community development quotas offered by 
Senator Stevens; (3) Senator Gorton's proposal to include a new 
national standard on safety of life at sea; (4) an amendment 
offered by Senator Burns requiring a study on stock 
identification of salmon and steelhead trout; and (5) an 
amendment offered by Senator Snowe modifying the new national 
standard on fishing communities to require that adverse impacts 
on such communities be minimized. Concerns regarding the Snowe 
amendment were raised by members at the executive session and a 
commitment was made to address such concerns before the 
legislation was considered by the full Senate.

                      Summary of Major Provisions

    S. 39, the Sustainable Fisheries Act, is a comprehensive 
reauthorization of the Magnuson Act that would extend the 
authorization of appropriations through FY 2000, strengthen 
conservation efforts and rebuild depleted fisheries. Major 
provisions include the following:

                    Authorization of appropriations

    For the Magnuson Act, the bill would authorize a funding 
level of $151 million in FY 1997 and provide for increases of 
$4 million annually through FY 2000. The reported bill also 
would extend the authorization of appropriations through FY 
2000 for several other marine statutes, including the 
Interjurisdictional Fisheries Act, the Atlantic Coastal 
Fisheries Cooperative Management Act, and the Anadromous Fish 
Conservation Act, and for other NOAA marine fisheries programs.

        Preventing overfishing and rebuilding depleted fisheries

    The reported bill defines ``overfished'' and 
``overfishing'' in the Magnuson Act and would require fishery 
management plans to specify criteria for determining when a 
fishery is overfished and include measures to rebuild any 
overfished fishery. The bill also calls for the Secretary to 
report annually to Congress and the Councils on the status of 
fisheries, and to identify fisheries that are overfished or 
approaching an overfished condition. A Council would have one 
year to come up with a plan to stop overfishing and rebuild the 
fishery, and the Secretary would be required to step in if the 
Council fails to act. While a plan is under development, 
interim measures to reduce overfishing could be implemented. 
Finally, the substitute would amend the existing definition of 
``optimum'' with respect to fishery yield to cap fish harvests 
at the maximum sustainable yield.

                      Bycatch and waste reduction

    In the process of catching marketable seafood, nontarget 
fish are also taken; this incidental harvest is often termed 
``bycatch''. The bill would add a new national standard to the 
Magnuson Act requiring that conservation and management 
measures minimize bycatch and minimize the mortality of bycatch 
which cannot be avoided. The bill also would mandate the 
assessment of bycatch levels in each fishery and require that 
steps be taken to reduce bycatch.
    In addition to the general provisions, the bill contains a 
more stringent requirement for the North Pacific and would 
authorize the North Pacific Council to use fees and non-
transferable annual allocations of regulatory discards as 
incentives to reduce bycatch and bycatch rates. Finally, the 
bill would require the Secretary to conclude an assessment of 
the impact of shrimp trawling on other fishery resources in the 
Gulf of Mexico and South Atlantic. It also would require that 
measures to reduce shrimp bycatch: (1) be applicable to fishing 
throughout the range of the bycatch species; and (2) avoid 
serious adverse environmental impacts.

                           habitat protection

    The bill would define ``essential fish habitat'' for the 
purposes of the Magnuson Act. For each fishery, the Councils 
would be required to identify essential fish habitat and 
minimize adverse effects on habitat due to fishing. The bill 
also expands the existing authority of the Councils and the 
Secretary to comment on Federal actions that would affect 
habitat.

                     reforming the council process

    The bill simplifies and tightens the approval process for 
fishery management plans and regulations. It also would 
establish conflict-of-interest procedures for a Council 
member's recusal from voting on Council decisions that would 
have a ``significant and predictable effect'' on any personal 
financial interest. In addition, the bill would require 
Councils to keep detailed minutes of meetings and allow any 
voting member of the Council to request that a matter be 
decided by roll call vote. Finally, the bill would require the 
Secretary to develop guidelines for using negotiated rulemaking 
procedures in the development of difficult conservation and 
management measures.

                    individual fishing quotas (ifqs)

    The bill would prohibit the Councils from submitting and 
the Secretary from approving any new IFQ programs for the 
duration of the authorization period (through September 30, 
2000) and would direct the Secretary to submit a comprehensive 
report on IFQs to the Congress by June 1, 1999. The report 
would examine controversial IFQ-related issues such as initial 
allocation, transferability, and foreign ownership. The bill 
also would establish a lien registry system for all limited 
access permits and require the Secretary to establish a fee of 
up to three percent of the annual value of fish harvested under 
IFQ programs to pay for management costs.

                  community development quotas (cdqs)

    The North Pacific Council has implemented CDQ programs that 
set aside about 7.5 percent of the Bering Sea harvests of 
pollock, halibut and sablefish for 55 villages in western 
Alaska. In addition, that Council has recommended CDQs in 
several other major Bering Sea fisheries, including crab. The 
bill legislatively mandates both current and proposed Bering 
Sea CDQ programs and authorizes similar programs in the western 
Pacific.

                    extension of state jurisdiction

    Several states have expressed interest in extending state 
jurisdiction to allow state enforcement and regulations in 
Federal waters for fisheries which have no approved fishery 
management plan. However, concerns have been expressed that 
such state authority would undermine the Council process. The 
reported bill makes changes only for Alaska fisheries with 
respect to this issue.

                    scientific basis for management

    The draft would create a new title IV of the Magnuson Act, 
titled ``FISHERY MONITORING AND RESEARCH,'' which would contain 
existing Magnuson Act sections (with some modifications) 
dealing with data collection and fisheries research, as well as 
new sections to establish guidelines for fishing vessel 
observers and to require the development of a plan for fishing 
vessel registration. The new title also includes specific 
requirements for ecosystem research, Gulf of Mexico red snapper 
stock assessments, use of commercial vessels in research 
activities, and donation of bycatch to charitable 
organizations.

                       reducing fishing capacity

    The bill would authorize the Secretary to implement a 
vessel or fishing permit buyout program if adequate steps have 
been taken to ensure that vessels or permits are removed 
permanently from the fishery and the program is needed for 
conservation and management. Eligible funding sources could 
include a portion of the duties collected on the importation of 
fish and fish products, disaster funds, state or nonprofit 
contributions, and industry fees (if the appropriate Council 
approves the fees and the industry agrees to the fees by a two-
thirds vote through a referendum of fishery participants). The 
bill would also authorize the Secretary to provide a Federal 
guarantee on any debt obligations used to finance the program.

                       fisheries disaster relief

    At the discretion of the Secretary or at the request of an 
affected state or fishing community, the Secretary would be 
required to determine whether a commercial fishery failure had 
occurred as a result of a fishery resource disaster and to make 
funds available to an affected State, fishing community, or 
individual, with the Federal cost-share not to exceed 75 
percent of the total cost.

                           vessel refinancing

    The bill would make several changes to the Fisheries 
Obligation Guarantee (FOG) Program under Title XI of the 
Merchant Marine Act, 1936. For fisheries with a rebuilding 
effort under way, the Secretary would be authorized to 
refinance vessel mortgages, allowing an extended repayment 
schedule (including interest-only payments) that reflects 
reduced vessel income due to stock rebuilding restrictions. The 
bill also would amend the FOG program to allow loan guarantees 
to be placed through the Federal Financing Bank and the 
Secretary to recoup for administrative costs any savings 
achieved by placement through this bank, and provide loan 
guarantees for purchase of IFQs by entry-level fishermen.

                pacific insular area fishery agreements

    The bill includes provisions based on an Administration 
initiative to provide Pacific Insular Area commonwealths (Guam, 
American Samoa, and the Northern Marianas) with limited 
autonomy in managing their fishery resources. The provisions 
would amend the Magnuson Act to allow the Secretary of State, 
in concurrence with Pacific Insular Area Governors and the 
Western Pacific Council, to negotiate fishery agreements with 
other nations desiring to fish in those areas. Funds generated 
by such agreements would be available to the Governors for 
fishery conservation and management. Funds generated from 
agreements for smaller island areas (which are U.S. 
possessions) would be used for fishery conservation and 
management in those areas and in the State of Hawaii with 
Western Pacific Council oversight.

                            Estimated Costs

    In the opinion of the Committee, it is necessary in order 
to expedite the business of the Senate to dispense with the 
requirement of paragraph 11(a) of rule XXVI of the Standing 
Rules of the Senate (relating to an estimate of the costs of 
carrying out the reported bill), and to dispense with the 
requirement of section 403 of the Congressional Budget Act of 
1974, because the estimates were not submitted to the Committee 
by the Congressional Budget Office before this report was 
filed.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       number of persons affected

    The bill, as reported, amends the Magnuson Act by requiring 
new regulations to be implemented by the Secretary in the 
administration of programs for the conservation and management 
of the fishery resources. The total number of individuals 
affected by these requirements, though, will not be 
significantly different than those currently regulated by the 
agency in the fishery and should be consistent with current 
levels.

                            economic impact

    Section 104 of the bill as reported, authorizes $147 
million for FY 1996; $151 million for FY 1997; $155 million for 
FY 1998; $159 million for FY 1999 and $163 million for FY 2000 
for the administration of the Magnuson Act. While authorization 
of appropriations for the Magnuson Act did expire in 1993, 
Congress has continued to appropriate between $98 million and 
$127 million a year for ongoing fisheries management programs. 
Also, other provisions of the bill, as reported, explicitly 
authorize additional appropriations for fishery financing 
programs and other fishery statutes and programs. Overall 
funding levels are modest and are not expected to have any 
inflationary impact.

                                privacy

    S. 39, as reported, will have no adverse impact on the 
personal privacy of the individuals or businesses affected.

                               paperwork

    While this legislation reauthorizes many programs currently 
being implemented, it does require new regulations and 
additional requirements to be made to these programs. Some 
examples of these include additional requirements that Councils 
must incorporate into fishery management plans the 
identification and description of fish habitat, efforts to 
rebuild depleted fish stocks and measures to minimize harm to 
non-target fish, specifications for an evaluation of gear used 
in the fishery, data collection and a central lien registry 
system for limited access permits, and a fishing capacity 
reduction program. It is envisioned that these additional 
requirements would not be burdensome in the amount of paperwork 
required. In addition, section 202 of the reported bill calls 
for the Secretary to work with state fishery commissions and 
other entities to develop a plan for consolidating data 
collection and management efforts to minimize paperwork 
requirements for commercial fishermen. The reported bill would 
also simplify the review and approval process of fishery 
management plans.

                      Section-by-Section Analysis

Section 1.--Short title; Table of contents

    This section cites the short title of the bill as the 
``Sustainable Fisheries Act'' and provides a table of contents 
of its provisions.

                  TITLE I--CONSERVATION AND MANAGEMENT

Section 101.--Amendment of the Magnuson Fishery Conservation and 
        Management Act

    This section specifies that unless otherwise provided, 
amendments contained in the reported bill shall be considered 
to be made to the Magnuson Act.

Section 102.--Findings; Purposes; Policy

    Section 102 would amend section 2(a) of the Magnuson Act to 
add Congressional findings that: (1) habitat losses have been a 
contributing factor to the decline of some fish stocks; (2) a 
national program for the conservation and management of fishery 
resources is necessary to facilitate the protection of 
essential fish habitat; (3) habitat considerations should 
receive increased attention for the conservation and management 
of fishery resources; and (4) certain unique circumstances make 
fisheries resources important to sustained economic growth in 
Pacific Insular Areas.
    Section 102 also would amend section 2(b) of the Magnuson 
Act to add to the declared purposes of the Act language to 
ensure that optimum yield determinations promote the 
development of U.S. fisheries in a non-wasteful manner and to 
promote the protection of essential fish habitat in the review 
of federal activities that affect or have the potential to 
affect essential fish habitat.
    Finally, section 102 would amend section 2(c) of the 
Magnuson Act to establish the policy that the national fishery 
conservation and management program encourages the development 
of practical measures that minimize bycatch and ensures that 
fishery resources adjacent to the Pacific Insular Area are 
explored, developed, conserved, and managed for the benefit of 
people of that area and of the United States.

Section 103.--Definitions

    Section 103 would amend section 3 of the Magnuson Act to 
amend certain existing definitions and add a number of new 
definitions. Section 103 would add new definitions for the 
terms: ``bycatch'', ``commercial fishing'', ``economic 
discards'', ``essential fish habitat'', ``fishing community'', 
``individual fishing quota'', ``overfishing'' and 
``overfished'', ``Pacific Insular Area'', ``recreational 
fishing'', ``regulatory discards'', and ``vessel subject to the 
jurisdiction of the United States''.
    The term ``bycatch'' would be defined to mean fish which 
are harvested by a fishing vessel, but which are not sold or 
kept for personal use. Bycatch includes both ``economic 
discards'' and ``regulatory discards.'' Economic discards are 
those fish which are the target of a fishery, but which 
fishermen decide not to retain for economic reasons. Regulatory 
discards are those fish (whether or not the target species) 
which fishermen are required by regulation to discard or which 
they are required to retain but are prevented by regulation 
from selling. The term ``bycatch'' would exclude fish caught 
and released alive that are the target species of catch and 
release recreational fishing programs. The purpose of this 
exclusion is to recognize and encourage the conservation 
benefits of catch and release programs. However, the term 
``bycatch'' does cover fish that are not released alive, and 
recreationally-caught fish that are regulatory discards.
    The term ``commercial fishing'' would be defined to mean 
fishing in which the fish harvested enter or are intended to 
enter commerce through sale, barter or trade, while 
``recreational fishing'' would be defined to mean fishing for 
sport or pleasure. Fishing from a charter vessel (a vessel 
carrying a passenger for hire as defined in section 2101(21a) 
of title 46, United States Code) is not explicitly included in 
either of these definitions. The Committee recognizes that the 
Councils address fishing from charter vessels differently in 
different regions. As a basic matter, the Committee believes 
the allowable catch for such fishing should be dealt with 
separately from the allowable catch for commercial fishing from 
vessels not carrying a passenger for hire.
    The term ``individual fishing quota'' would mean a Federal 
permit under a limited access system authorizing harvest of a 
quantity of fish that is expressed by a unit or units 
representing a percentage of the total allowable catch of a 
fishery. The IFQ may be received or held for exclusive use by 
an individual or company. The commonly-used term ``individual 
transferable quota'' would therefore mean a type of IFQ that is 
transferable. A CDQ is not a type of IFQ and is not meant to be 
encompassed by the definition of ``individual fishing quota''.
    The term ``Pacific Insular Area'' would mean American 
Samoa, Guam, the Northern Mariana Islands and a number of other 
specific islands, reefs and atolls in the western Pacific 
Ocean.
    Section 103 would amend existing definitions in section 3 
for the terms ``Continental Shelf fishery resources'', ``large-
scale driftnet fishing'', ``Marine Fisheries Commission'', 
``optimum'' (with respect to yield from a fishery), and 
``United States harvested fish'', and would add a new 
definition for ``special areas'' which was conditionally added 
to the Magnuson Act by the Act entitled ``An Act to provide for 
the designation of the Flower Garden Banks National Marine 
Sanctuary'' (P.L. 102-251). Section 103 would also make the 
following technical corrections to: (1) the listings of corals 
and crabs in the existing definition of ``Continental Shelf 
fishery resources'' consistent with current taxonomic 
nomenclature; (2) the measured length of gillnets in the 
definition of the term ``large-scale driftnet fishing'', 
conforming it to the length measure used in the United Nations' 
worldwide ban on driftnets; (3) a commission name in the 
definition of the term ``Marine Fisheries Commission''; and (4) 
the definition of ``United States harvested fish.''
    Section 103 would amend the existing definition of 
``optimum'' with respect to the yield from a fishery to mean 
the amount of fish prescribed on the basis of the maximum 
sustainable yield ``as reduced'' (replacing the phrase ``as 
modified'' in current law) by any relevant economic, social, or 
ecological factor. This change would prevent allowable catches 
from exceeding the maximum sustainable yield of a fishery, but 
is not meant to preclude the Secretary, the Councils and the 
scientific and statistical committees of the Councils from 
using other appropriate scientific measures of sustained yield 
where there are insufficient data to determine the maximum 
sustainable yield of a fishery.

Section 104.--Authorization of Appropriations

    Section 104 would create a new section 4 of the Magnuson 
Act to authorize appropriations to the Secretary for the 
purposes of carrying out the Magnuson Act. The authorization of 
appropriations for previous years currently is contained in 
section 406 of the Magnuson Act, which would be replaced by 
amendments made in section 207 of the reported bill. The 
following amounts would be authorized in new section 4: $147 
million for FY 1996; $151 million for FY 1997; $155 million for 
FY 1998; $159 million for FY 1999; and $163 million for FY 
2000. Not less than 10 percent of the appropriations authorized 
in each fiscal year would be required to be used for 
enforcement activities.

Section 105.--Highly Migratory Species

    Section 105 would amend section 102 of the Magnuson Act to 
require the United States to promote the achievement of the 
optimum yield of highly migratory species in cooperating with 
other nations involved in highly migratory species fisheries. 
The language in this section of current law is taken directly 
from article 64 of the U.N. Convention on the Law of the Sea. 
The reported bill would modify that language to make it 
consistent with the definitions used in the Magnuson Act.

Section 106.--Foreign Fishing and International Fishery Agreements

    Section 106 includes provisions addressing: (1) 
international bycatch reduction agreements; (2) the period for 
Congressional review of governing international fishery 
agreements (GIFAs); (3) the issuance of permits to allow 
foreign vessels to transship fish within the EEZ; (4) fishery 
agreements allowing for foreign fishing in the EEZ of Pacific 
Insular Areas; and (5) the reduction of reporting requirements 
with respect to driftnet fishing.
    Section 106(a) would make a conforming change to section 
201(a)(1) of the Magnuson Act related to the issuance of 
transshipment permits to foreign vessels that would be 
authorized in new section 204(d) discussed below.
    Section 106(b) would amend section 202 of the Magnuson Act 
adding a new subsection (h) to require the Secretary of State, 
in cooperation with the Secretary, to secure international 
agreements (if such agreements are necessary and appropriate) 
establishing standards and measures for bycatch reduction 
comparable to the standards and measures required of U.S. 
fishermen under the Magnuson Act. This provision is not 
intended to overburden the Secretary of State or to require 
negotiation of bycatch agreements for all transboundary 
fisheries. Rather, the Committee anticipates that such an 
agreement will be negotiated for fisheries in which: (1) a 
fishery stock that is shared with other nations must be reduced 
to conserve the stock, and (2) bycatch restrictions for such 
stocks are being considered for U.S. fishermen. International 
bycatch agreements would be required to be consistent with the 
policies and purposes of the Magnuson Act and approved by 
Congress in the same manner as GIFAs. The Secretary would be 
required to report to Congress annually on actions taken with 
respect to international bycatch agreements.
    Section 106(c) would amend section 203 of the Magnuson Act 
to extend the time required for Congressional review of a GIFA 
from 60 days of continuous session of the Congress to 120 
calendar days, not counting those days when Congress has 
adjourned sine die.
    Section 106(d) would amend section 204 of the Magnuson Act 
by adding a new subsection (d) that deals with permits for 
foreign vessels to transship fish products in U.S. waters. The 
Secretary would be authorized to issue transshipment permits 
allowing foreign vessels to transport fish products at sea from 
within State waters or the EEZ to a point outside of the United 
States. The Secretary would be able to approve transshipment 
permit applications only with the concurrence of the 
appropriate Council and, among other things, if no owner or 
operator of a U.S. vessel with the capacity to perform the 
transportation indicated an interest in performing the 
transportation at fair and reasonable rates. The Secretary 
would be authorized to approve all or only a portion of an 
application, establish conditions and restrictions with regard 
to the permit, and collect a fee to recover the costs of 
issuing the permit.
    Section 106(d) also would add a new subsection (e) to 
section 204 of the Magnuson Act authorizing Pacific Insular 
Area Fishing Agreements (PIAFAs). Specifically, it would 
authorize the Secretary of State to negotiate and enter into a 
PIAFA at the request of, and with the concurrence of, the 
Governor of a Pacific Insular Area to allow foreign fishing 
within the EEZ adjacent to that Pacific Insular Area. The 
Western Pacific Council would act on behalf of Pacific Insular 
Areas for which there is no Governor.
    PIAFAs: (1) would be required to provide for observer 
coverage; (2) would not be subject to provisions of section 201 
of the Magnuson Act related to the calculation of total 
allowable levels of foreign fishing; (3) could not exceed three 
years in duration nor supersede any GIFA; and (4) could not be 
negotiated with a nation that is in violation of any GIFA. Fees 
collected under a PIAFA may be in excess of administrative 
costs and would be used for fishery conservation and management 
purposes in the Pacific Insular Area to which the agreement 
pertains.
    Prior to entering into a PIAFA, the Governor of a Pacific 
Insular Area, in concurrence with the Western Pacific Council, 
would develop a three-year conservation and management plan for 
which funds generated from the agreement would be used. Funds 
could also be allocated for other marine and coastal-related 
uses but only after conservation and management costs have been 
met. The expenditure of funds generated by a PIAFA is intended 
to benefit the people and resources of these western Pacific 
areas and in doing so benefit the Nation.
    Section 106(e) would amend section 205(a) of the Magnuson 
Act dealing with import prohibitions to require certification 
by the Secretary of State of any foreign nation that fails to 
enter into an international bycatch agreement. As amended, 
section 205 would require the Secretary of the Treasury, upon 
receipt of such a certification, to impose trade sanctions on 
fish and fish products from the foreign nation involved.
    Section 106(f) would amend section 206(e) of the Magnuson 
Act on large-scale driftnet fishing to eliminate duplicative 
annual reporting requirements.

Section 107.--National Standards

    Section 107 would amend section 301(a) of the Magnuson Act 
to modify and expand upon the national standards for 
conservation and management with which fishery management plans 
and regulations must be consistent. Section 107(a) would amend 
national standard five to require conservation and management 
measures, where practicable, to ``consider'' efficiency, rather 
than ``promote'' efficiency. In the past, this national 
standard has been used to, among other things, justify 
ecologically wasteful, but economically efficient practices 
such as roe stripping. The goal of this amendment is not to 
eliminate efficiency as a consideration in the development of 
plans and regulations, but rather to ensure that it is balanced 
with the requirements of other national standards.
    Section 107(b) would add three new national standards at 
the end of section 301(a) of the Magnuson Act. New national 
standard eight would require that conservation and management 
measures take into account the importance of the harvest of 
fishery resources to minimize (to the extent practicable) 
adverse economic impacts on, and provide for the sustained 
participation of, fishing communities, but would prevent such 
measures from having an economic allocation as their sole 
purpose. This standard is not intended to constitute a basis 
for allocating resources to a specific fishing community or 
provide preferential treatment based on residence in a fishing 
community. As clearly stated in existing national standard 
four, conservation and management measures shall not 
discriminate between residents of different States, and any 
necessary allocation or assignment of fishing privileges must 
be fair and equitable to all fishermen. This standard also is 
not intended to be used as a basis for circumventing 
conservation requirements.
    New national standard nine would require that conservation 
and management measures minimize, to the extent practicable, 
bycatch and the mortality of bycatch which cannot be avoided. 
The priority for reducing bycatch under the new standard would 
be to minimize or avoid catching bycatch species where 
possible. Fish that are bycatch and cannot be avoided should, 
to the extent practicable, be returned to the sea alive. The 
Committee anticipates that ecological interrelationships of 
fish species in the ecosystem will be an important 
consideration in determining the practicability of minimizing 
bycatch.
    New national standard ten would require that conservation 
and management measures promote the safety of human life at 
sea. The Committee recognizes that commercial fishing is a 
difficult and sometimes hazardous occupation and encourages 
efforts to protect crew safety. However, the standard is not 
intended to give preference to one type of management system 
over another. To reiterate, existing national standard four 
states that conservation and management measures shall not 
discriminate between residents of different states, and any 
necessary allocation or assignment of fishing privileges must 
be fair and equitable to all fishermen. In addition, national 
standard five states that no conservation and management 
measure shall have an economic allocation as its sole purpose.

Section 108.--Regional Fishery Management Councils

    Section 108 of the reported bill would amend section 302 of 
the Magnuson Act which establishes the eight Councils and 
procedures for their operation and administration. Section 
108(a) would make a number of changes to the Council's makeup. 
With respect to the Mid-Atlantic Council, this section would 
add two positions for North Carolina to the Council membership 
increasing the number of voting members from 19 to 21 and 
increasing the number of members appointed by the Secretary 
from 12 to 13. The amendment, though, would not expand or 
change the geographical or ocean area for which the Mid-
Atlantic Council has authority.
    With respect to the Pacific Council, this section would 
increase the number of voting members from 13 to 14 and require 
the appointment of a voting member who represents an Indian 
tribe with Federally-recognized fishing rights from California, 
Oregon, Washington, or Idaho.
    With respect to Atlantic highly migratory species (HMS), 
subsection 108(a)(7) would move the existing authority in 
section 304(f)(3) of the Magnuson Act (giving the Secretary 
management authority for such fisheries) to section 302(a). The 
language is identical to the provision in existing law and 
reasserts Secretarial authority to prepare and amend fishery 
management plans for all Atlantic HMS. The changes are linked 
to other organizational changes to the Magnuson Act in the 
reported bill and with establishment of advisory panels for 
Atlantic HMS fisheries.
    Section 108(b) would amend section 302(b) of the Magnuson 
Act, establishing requirements for appointment of voting 
members of the Councils. This subsection of the reported bill 
would amend section 302(b)(3) of the Magnuson Act to clarify 
that Council members may serve for three full consecutive 
terms. The Magnuson Act currently limits Council members to 
three consecutive terms. However, it does not state clearly 
that a Council member may serve three ``full'' consecutive 
terms in addition to any partial term served by a Council 
member as a result of a vacancy which occurred prior to the 
expiration of a Council member's term of office. The section 
also would add a new paragraph to section 302(b) of the 
Magnuson Act to establish the appointment process for the 
tribal member, and require that representation be rotated among 
tribes according to certain considerations. This section also 
would amend section 302(b) and would authorize the Secretary to 
remove for cause an appointed Council member who knowingly and 
willfully fails to disclose or falsely discloses a financial 
interest, or who knowingly votes on a Council decision that 
would have a significant and predictable positive effect on a 
financial interest of that member. This change does not affect 
the Secretary's existing authority to remove a Council member 
if the Council concerned recommends removal by not less than a 
two-thirds vote.
    Section 108(c) of the reported bill would amend section 
302(d) of the Magnuson Act to clarify that NMFS regional 
directors and State officials are not eligible to receive 
Federal compensation for serving on the Councils. While States 
may designate as their representative on a Council individuals 
who are not State employees, the Magnuson Act is not intended 
to provide additional compensation to State and Federal 
employees. This section also would make a technical change 
requiring Council members who are compensated to be paid at the 
daily rate for General Schedule (GS) grade 15, step 7. The 
current rate identified in the Magnuson Act (GS-16) no longer 
exists, and the new rate of GS-15, step 7 is equivalent to this 
rate.
    Section 108(d) of the reported bill would amend section 
302(e) of the Magnuson Act to require that Councils hold a roll 
call vote at the request of any voting member, and that the 
minutes and records of each Council identify roll call votes 
and how each Council member voted.
    Section 108(e) would amend section 302(g) of the Magnuson 
Act on Council advisory panels to require that the Secretary 
establish comparable groups to assist in the development of 
fishery management plans and plan amendments for Atlantic HMS 
fisheries like tuna, billfish, and sharks. This new requirement 
recognizes the need for greater representation and involvement 
of the industry and public interest groups in the decision-
making process for Atlantic HMS fisheries. The advisory panels 
will allow increased openness and accountability in all aspects 
of the plan development process and ensure adequate 
participation by members of the public with expertise in these 
fisheries. The advisory panels would be required to be balanced 
in providing representation for commercial and recreational 
fishing interests and to include knowledgeable individuals 
selected for their academic, scientific, and conservation 
experience. The Committee anticipates that the Secretary will 
consult with Commissioners of the International Commission for 
the Conservation of Atlantic Tunas (ICCAT) in selecting 
advisory panel members and give full consideration to members 
of the ICCAT advisory committee and species working groups. The 
Committee intends that the new authority provided by this 
subsection be used to establish a transparent public process 
for making fishery management decisions, comparable to the 
present Council process.
    Section 108(f) of the reported bill would amend section 
302(h) of the Magnuson Act, which deals with Council functions. 
This subsection would make a conforming amendment dealing with 
Atlantic HMS fisheries, and would authorize a Council to 
prepare comments on applications by foreign vessels to 
transport fish products within the Council's area of 
jurisdiction.
    Subsection 108(g) would strike section 302(i) of the 
Magnuson Act, which addresses fishery habitat. The reported 
bill shifts provisions dealing with protection of fishery 
habitat to section 305 of the Magnuson Act.
    Subsection 108(h) of the reported bill amends the 
provisions of section 302 of the Magnuson Act that address 
procedures for Councils and advisory panels. This subsection 
also would make a conforming amendment so that the existing 
requirements for advisory panels apply to, and would be used by 
advisory panels for Atlantic HMS fisheries. Such changes would 
ensure that: (1) the Federal Advisory Committee Act (FACA) does 
not apply to Atlantic HMS fisheries advisory panels, consistent 
with the FACA exemption for other advisory panels established 
under the Magnuson Act; and (2) requirements such as timely 
public notice applies to Atlantic HMS fisheries advisory 
panels.
    This subsection of the reported bill also would prohibit 
the Councils from modifying the published agenda of a Council 
meeting without public notice or within 14 days prior to a 
Council meeting. The Committee intends the term ``modifying'' 
to mean adding significant items to the agenda, such as items 
that require final Council action. The Committee does not 
intend to prevent Councils from dropping items not yet ready to 
be addressed, making routine changes to an agenda, or allowing 
for additional testimony. In addition, this subsection would 
require written data submitted at Council meetings to include a 
statement of the source and date, and would require oral and 
written statements submitted at meetings to include a brief 
description of the background and interests of the person in 
the subject of the statement. Finally, this subsection 
addresses the requirement for Councils to keep detailed minutes 
of Council meetings.
    Section 108(i) would amend section 302 of the Magnuson Act 
dealing with a Council member's disclosure of financial 
interests. The subsection would add a requirement that a 
Council member recuse himself or herself from voting on any 
Council decision which would have a significant and predictable 
effect on a financial interest held by the Council member, the 
Council member's spouse, minor child, or partner, and any 
organization (other than the Council) in which the Council 
member is serving as an officer, director, trustee, partner, or 
employee. A Council decision would be considered to have a 
significant and predictable effect on a financial interest if 
there is a close causal link between the Council decision and 
an expected and disproportionate benefit, shared only by a 
minority of persons within the same fishery and gear type, to 
the financial interest. This is intended to prevent Council 
members from voting on decisions that would bring financial 
benefits only to themselves or a minority in their gear type 
and fishery, but not to restrict unnecessarily a Council 
member's participation in votes and deliberations on most 
matters.
    The Secretary would be required, with the concurrence of 
each Council, to designate an official to attend Council 
meetings and make determinations for the record whether a 
Council decision would have a significant and predictable 
effect on a financial interest. Determinations could be made at 
the discretion of the designated official or at the request of 
the Council member whose financial interest might be affected 
by a Council decision.
    Council members could appeal a determination by the 
designated official by submitting a written request to the 
Secretary within 10 days of the determination. The Secretary 
would be required to review any appeals within 30 days. The 
Secretary's ruling on an appeal would not be treated as a cause 
for invalidating or reconsidering a Council decision which was 
made prior to the ruling.
    A Council member who did not vote would be required to 
state for the record how he or she would have voted, allowing 
the Councils to assess, if a determination is reversed on 
appeal, whether the determination affected the outcome of a 
vote. The Committee anticipates that a Council could choose to 
vote again at a subsequent meeting if the Secretary's reversal 
would change the outcome of a vote. However, in some cases a 
Council might choose not to vote again on the matter, if the 
process would cause delays or disruptions which could adversely 
affect conservation and management of the fishery involved. The 
Secretary in consultation with the Councils would be required 
to establish regulations for the new recusal requirements 
within one year of the date of enactment of the reported bill.

Section 109.--Fishery Management Plans

    Section 109(a) of the reported bill would amend section 
303(a) of the Magnuson Act by adding a number of new provisions 
to the requirements of fishery management plans and plan 
amendments. This subsection would amend existing paragraph (7) 
and require all fishery management plans and plan amendments 
to: (1) describe and identify essential fish habitat; (2) 
minimize, where practicable, adverse effects on essential fish 
habitat caused by fishing; and (3) identify other actions which 
should be considered to encourage the conservation and 
enhancement of essential fish habitat. This subsection also 
would amend existing section 303(a)(9) of the Magnuson Act, 
which requires a fishery impact statement for each fishery 
management plan or plan amendment. The change would impose a 
new requirement that such statements assess, specify, and 
describe the likely effects of the plan or amendment on fishing 
communities. Finally, this subsection would expand the required 
provisions of fishery management plans to require that each 
plan: (1) specifies criteria to identify a fishery as 
overfished and contains measures to rebuild a fishery that is 
overfished or approaching an overfished condition; (2) assesses 
the level of bycatch occurring in a fishery and, to the extent 
practicable, includes measures to minimize bycatch and minimize 
the mortality of bycatch that cannot be avoided; (3) assesses 
the amount and type of fish caught during recreational fishing 
and, to the extent practicable, includes measures to minimize 
the mortality of fish caught and released that are the target 
species of catch-and-release recreational fishing programs; and 
(4) takes into account the safety of human life at sea.
    Section 109(b) requires, within 18 months of the date of 
enactment of the reported bill, each Council to submit 
amendments to ensure that the fishery management plans under 
its jurisdiction comply with amendments made by section 109(a) 
of the reported bill.
    Section 109(c) of the reported bill would amend section 
303(b) of the Magnuson Act by making several changes to the 
discretionary provisions that may be used in fishery management 
plans. The subsection would amend section 303(b)(6) to require 
the Councils and Secretary to take into account the cultural 
and social framework relevant to fishing communities in 
developing limited access systems and make a technical 
clarification to the term ``limited access system''. The 
subsection also would clarify that one or more observers may be 
required on board a vessel of the United States to collect data 
necessary for the conservation and management of a fishery. The 
subsection would explicitly authorize the use in fishery 
management plans of harvest incentives for participants within 
each gear group of a fishery whose fishing practices result in 
lower levels of bycatch. Should a Council elect to use this 
authority, the Committee anticipates that the Secretary would 
assist the Council in developing measures to address any 
Constitutional due process issues that may exist.
    Section 109(d) of the reported bill would amend section 
303(c) of the Magnuson Act to allow the Councils to submit 
proposed regulations to implement a fishery management plan or 
plan amendment either simultaneously with the plan or plan 
amendment, or at any time after the plan or amendment is 
approved. As currently written, the Magnuson Act does not 
provide a clear timetable or process for review of regulations 
submitted by a Council after a plan or plan amendment has been 
approved. In recent years, Councils have increased their use of 
framework fishery management plans that rely on regulations to 
establish fishery parameters like season openings and closures, 
allowable catches, and allocations of harvests among sectors of 
a fishery. Because such a ``regulatory amendment'' is submitted 
after a framework management plan is approved, the Secretary 
has no statutory deadlines for its approval and this process 
often has taken several months. Consequently, fishermen and the 
involved Council may be left without final approval of 
operating parameters of a fishery (including any changes to the 
regulatory amendment by the Secretary) until the fishery is 
scheduled to open. This subsection, along with the changes made 
in section 110 of the reported bill would establish streamlined 
procedures for consideration and approval of all regulations 
submitted by a Council to the Secretary.
    Section 109(e) would amend section 303 of the Magnuson Act 
to add a new subsection addressing limited access systems that 
use IFQs. This subsection would delete existing subsections 
(d), (e), and (f) of section 303 of the Magnuson Act, which 
deal with the confidentiality of statistics, data collection 
programs, and restrictions on the use of certain data, 
respectively. These provisions would be revised and added to a 
new section 402 of the Magnuson Act specifically addressing 
data collection.
    With respect to IFQs, new section 303(d) of the Magnuson 
Act would prohibit the Councils from submitting, or the 
Secretary from approving or implementing, any fishery 
management plan, plan amendment, or regulation under the 
Magnuson Act which creates a new IFQ program prior to September 
30, 2000. Any plan, plan amendment, or regulation creating any 
new IFQ program which was approved on or after January 4, 1995 
(the date on which bills that specifically addressed IFQs were 
introduced in the Senate and House of Representatives) would be 
repealed and could not be resubmitted, approved or implemented 
prior to September 30, 2000. The only program the Committee is 
aware of that would be repealed under this provision is the 
Gulf of Mexico red snapper IFQ program.
    The new subsection would clarify that: (1) no provision of 
law may be used to limit the authority of a Council to submit 
and the Secretary to approve and implement a fishery management 
plan, plan amendment, or regulation which terminates or limits 
a limited access system, including an IFQ system, without 
compensation to any holders of limited access system permits; 
(2) the provisions of the new IFQ subsection of the Magnuson 
Act should not be construed to prevent a Council from 
submitting and the Secretary from approving and implementing 
amendments to the three existing IFQ programs that were 
approved prior to January 4, 1995; and (3) IFQs should be 
considered permits for the purposes of the existing sections of 
the Magnuson Act addressing prohibited acts, civil penalties 
and permit sanctions, and criminal offenses.
    Under new Magnuson Act section 303(d) each Council would be 
authorized to recommend that up to 25 percent of any IFQ or CDQ 
fees collected in a fishery under its jurisdiction be used to 
guarantee loans for the purchase of IFQs by small vessel 
fishermen and by entry level fishermen purchasing IFQs for the 
first time. Each Council would establish the qualifying 
criteria for guarantees and decide how much of the 25 percent 
would be allocated for small vessel IFQ guarantees and how much 
would be allocated for entry level IFQ guarantees. It would be 
up to each Council (except as provided for the North Pacific 
Council in section 109(g) of the reported bill) to define 
``fishermen who fish from small vessels'' and ``entry level 
fishermen'' for the purposes of implementing an IFQ loan 
guarantee program. The Committee encourages each Council to 
consider appropriate factors, such as those listed for 
consideration in developing a limited access system, in 
defining these terms in order to provide adequate entry 
opportunity in the IFQ fishery.
    Section 109(f) of the reported bill would require the 
Secretary, in consultation with the Councils and the National 
Academy of Sciences, to submit a comprehensive IFQ report to 
Congress by June 1, 1999 that includes proposed amendments to 
the Magnuson Act to implement a national policy with respect to 
IFQs. This subsection would mandate that the report address all 
relevant aspects of IFQs, including assessing the impacts and 
advisability of a number of specific listed variables. In 
addition, the report would include a detailed analysis of the 
three IFQ programs already implemented in the United States, 
and any information about IFQ programs in other countries that 
may be useful. The report also would identify alternatives to 
IFQ programs, as well as characteristics that are unique to IFQ 
programs. To assist in the preparation of the report the 
Secretary would be required to establish two IFQ review groups 
with a balanced representation of views and to conduct public 
hearings in each Council region to obtain comments. Finally, in 
the event that Congress has not yet enacted amendments to the 
Magnuson Act to implement a national IFQ policy by September 
30, 2000, this subsection would allow the Councils to submit 
and the Secretary to approve and implement an IFQ program after 
that date if the Council approves the program by a two-thirds 
vote. The two-thirds vote requirement is intended to provide 
for cautious action by any Council which submits an IFQ program 
in the absence of a national policy, particularly because plan 
amendments may be required to achieve consistency with any 
national policy established subsequent to plan approval. The 
Committee anticipates that the two-thirds vote requirement will 
not be necessary after the Congress passes amendments to the 
Magnuson Act to implement a national IFQ policy and 
consequently the requirement would be repealed at that time.
    Section 109(g) of the reported bill would require the North 
Pacific Council to submit a proposed small vessel and entry 
level IFQ loan guarantee program by January 1, 1997 that uses 
the full amount authorized (25 percent) from IFQ fees that 
would be charged in the halibut and sablefish fisheries.

Section 110.--Action by the Secretary

    Section 110 would amend section 304 of the Magnuson Act 
relating to the responsibilities of the Secretary for fishery 
management plans. Subsection (a) would streamline and improve 
the process by which the Secretary reviews and approves fishery 
management plans, plan amendments and regulations submitted by 
the Councils. This section of the reported bill also would 
provide for the collection of IFQ and CDQ fees, add provisions 
to address the problem of overfishing, amend existing 
requirements for the Secretary's management of Atlantic HMS 
fisheries, and create a new subsection for the review of 
fishery management plans prepared by the Secretary.
    First, section 110(a) would revise review procedures by 
eliminating the preliminary evaluation by the Secretary of 
fishery management plans and plan amendments currently required 
by section 304(a)(1)(A) of the Magnuson Act. This preliminary 
evaluation is duplicative of the broader evaluation required 
and provides little benefit in the review process. Transmittal 
of a plan or amendment by a Council would continue to trigger 
an immediate review by the Secretary and a 60-day public 
comment period on the plan or amendment. The Secretary would 
continue to be required to approve, disapprove or partially 
approve a plan or amendment within 30 days after completion of 
the public comment period.
    Second, section 110(a) would eliminate the Magnuson Act 
provision which currently states that a plan or plan amendment 
shall take effect if the Secretary does not notify the Council 
in writing of disapproval or partial disapproval within 30 days 
of the end of the public comment period, or upon notification 
of the Council that the Secretary does not intend to disapprove 
or partially disapprove a plan or amendment. The current 
provision was intended to prevent delays by the Secretary in 
the approval of plans and amendments. As a practical matter, 
however, plans and amendments cannot become effective without 
action by the Secretary. The proposed changes would not 
eliminate the time requirements the Secretary must meet in 
reviewing and taking action on plans and amendments submitted 
by the Councils.
    Third, section 110(a) would allow Councils to submit a 
revised plan or amendment in the same manner as the original 
plan or amendment, thereby allowing portions of section 304(a) 
of the Magnuson Act, which deal separately with the review of 
revised plans and amendments, to be eliminated.
    Fourth, section 110(a) would establish a separate review 
process for regulations in section 304(b) of the Magnuson Act. 
This new process would expedite the implementation of 
regulations, and complement the authority to be provided by 
section 109(d) of the reported bill to allow the Councils to 
submit regulations with a plan or amendment or after a plan or 
amendment has been approved. Under this process, the Secretary 
would be required to determine within 15 days whether proposed 
regulations transmitted by the Councils are consistent with the 
fishery management plan, plan amendment, the Magnuson Act, and 
other applicable law. If they are consistent, the Secretary 
would be required to publish the regulations in the Federal 
Register for between 15 and 60 days for public comment. Within 
30 days after the end of this comment period, the Secretary 
would be required to promulgate final regulations. If the 
Secretary determines that proposed regulations are not 
consistent, the Secretary would be required to notify a Council 
in writing, and the Council would be allowed to submit revised 
proposed regulations.
    Section 110(b) would amend provisions relating to the 
preparation of a fishery management plan by the Secretary 
making a number of conforming amendments necessitated by other 
changes in the reported bill. These changes would consolidate 
the review process for all plans and amendments prepared by the 
Secretary into one subsection. This subsection also would amend 
section 304(c)(3) of the Magnuson Act to clarify that the 
Secretary may establish limited access systems for Atlantic HMS 
fisheries. The clarification would not change existing law 
which prevents the Secretary from establishing any limited 
access system without the approval of a majority of the voting 
members of an appropriate Council. The subsection also would 
clarify that IFQ systems are limited access systems.
    Section 110(c) of the reported bill would amend section 
304(d) of the Magnuson Act to require that the Secretary 
collect a fee of up to three percent of the annual ex-vessel 
value of fish harvested under any IFQ program or CDQ program 
for the purpose of recovering the costs directly related to the 
management and enforcement of such programs. Section 110(d) 
would prohibit the Secretary from beginning to collect fees in 
the surf clam/ocean quahog and wreckfish IFQ fisheries until 
January 1, 2000.
    Section 110(e) of the reported bill would amend section 
304(e) of the Magnuson Act, revising the subsection to address 
the problem of overfishing. Existing fisheries research 
provisions in section 304(e) would be added to the Magnuson Act 
as a new section 404 by section 205 of the reported bill. Under 
revised section 304(e), the Secretary would be required to 
report annually to Congress and the Councils on the status of 
fisheries and to identify fisheries that are overfished or 
approaching a condition of being overfished. The Secretary 
would be required to notify immediately the appropriate Council 
upon determining that a fishery is overfished. A Council (or 
the Secretary, where practicable, with respect to Atlantic HMS 
fisheries) would be required to prepare a plan, plan amendment 
or regulations within one year to end overfishing, rebuild 
affected stocks of fish, and prevent overfishing from occurring 
in fisheries approaching that condition. The plan, amendment or 
regulation would be required to specify a time period for 
ending overfishing and rebuilding the fishery that could not 
exceed 10 years, except where the biology or the stock of fish 
or environmental conditions prevent this maximum time frame 
from being met.
    This subsection of the reported bill also would amend the 
Magnuson Act to require the Secretary to prepare a fishery 
management plan or amendment to stop overfishing and rebuild 
affected stocks if a Council does not submit a plan, amendment 
or regulations within one year of being notified that a fishery 
is overfished. The Councils could request the Secretary to 
implement interim measures to reduce overfishing during the 
development of a plan, amendment or regulations. The Secretary 
would be required to review plans, amendments and regulations 
designed to end overfishing and rebuild affected fish stocks at 
least every two years. If the Secretary finds that adequate 
progress towards rebuilding the fishery has not resulted, the 
Secretary would be required to immediately make necessary 
revisions to achieve adequate progress in Atlantic HMS 
fisheries, and would be required to immediately notify the 
appropriate Council with respect to all other fisheries.
    Section 110(f) of the reported bill would amend section 
304(f) of the Magnuson Act by striking the paragraph relating 
to authority for the management of Atlantic HMS fisheries in 
conformance with the proposed relocation of this authority in 
sections 302(a) and 304(a) of the Magnuson Act.
    Section 110(g) would amend section 304(g) of the Magnuson 
Act by striking existing language and inserting provisions 
relating to the management of Atlantic HMS fisheries. The 
existing language (relating to incidental harvests in the Gulf 
of Mexico) would be amended and added as a new section 405 of 
the Magnuson Act by section 206 of the reported bill. The new 
Magnuson Act provisions that would be added as section 304(g) 
are similar to existing provisions in section 304(f)(3) of the 
Magnuson Act.
    Specifically, new section 304(g) of the Magnuson Act would 
require the Secretary to prepare a fishery management plan or 
amendment for any Atlantic HMS fishery that requires 
conservation and management. In preparing and implementing a 
plan or amendment, the Secretary would be required to, among 
other things: (1) conduct public hearings; (2) consult with the 
Secretary of State, Coast Guard, affected Councils, U.S. ICCAT 
commissioners and ICCAT advisory groups, and advisory panels 
for Atlantic HMS fisheries; (3) establish an Atlantic HMS 
fisheries panel for each fishery management plan; (4) minimize 
any disadvantages of U.S. fishermen in relation to foreign 
fishermen; and (5) provide U.S. fishing vessels with a 
reasonable opportunity to harvest any fish which the United 
States is authorized to harvest under an international fishery 
agreement. With respect to the requirement to minimize 
discarding, this subsection is not intended to affect the 
present no-sale status of billfish in Federal regulations 
implementing the Billfish Fishery Management Plan.
    Section 110(h) would add a new subsection to section 304 of 
the Magnuson Act, consolidating the review process for all 
fishery management plans, plan amendments and regulations 
prepared by the Secretary into a new subsection (h). Plans and 
amendments prepared by the Secretary in fisheries where the 
appropriate Council failed to submit a plan or amendment needed 
for conservation and management would continue to be reviewed 
in the same way as under existing section 304(c)(2) of the 
Magnuson Act, including plans and amendments developed by the 
Secretary to stop overfishing and rebuild affected fish stocks 
in cases where a Council has failed to take action. Plans and 
amendments developed by the Secretary for Atlantic HMS 
fisheries would follow similar procedures, except that they 
would not be required to be submitted for consideration and 
comment by Councils since the Secretary has jurisdiction. The 
public comment period on any proposed regulations for a plan or 
amendment prepared by the Secretary would be required to be 60 
days, except for minor revisions to existing regulations. Final 
regulations for plans and amendments prepared by the Secretary 
would be required to be promulgated within 30 days of the end 
of the 60-day comment period.

Section 111.--Other Requirements and Authority

    Section 111 of the reported bill would amend section 305 of 
the Magnuson Act to require greater oversight of gear used in 
fisheries, improve existing requirements for the protection of 
fish habitat, improve existing emergency regulatory authority, 
provide new authority to create fishery negotiation panels, and 
require the establishment of a central registry system for all 
limited access system permits.
    Section 111(a) of the reported bill would retitle section 
305 of the Magnuson Act and strike existing section 305(a), 
which deals with the promulgation of regulations by the 
Secretary. Regulations for plans and amendments developed by 
the Secretary would be reviewed and finalized in accordance 
with new section 304(h) of the Magnuson Act (as amended by 
section 110(h) of the reported bill), and regulations for plans 
and amendments developed by Councils would be reviewed and 
approved under section 304(b) (as amended by section 110(a) of 
the reported bill), so existing section 305(a) would no longer 
be needed. This subsection of the reported bill also would 
redesignate existing section 305(b), which provides for the 
judicial review of regulations, as section 305(f), and would 
add two new subsections to the beginning of section 305.
    New section 305(a) would require the Secretary to compile 
and publish in the Federal Register a list of all fisheries and 
fishing gear used in each fishery, using information already 
required to be submitted by the Councils as part of the 
required provisions of fishery management plans, and using 
information currently available to the Secretary with respect 
to Atlantic HMS fisheries. Effective 180 days after the list is 
published, no person or vessel would be allowed to use fishing 
gear or engage in a fishery not on the list without first 
giving 90 days advance written notice to the appropriate 
Council, or Secretary with respect to Atlantic HMS fisheries. 
This is intended to prevent new and potentially damaging gear 
that may be used, or fisheries that may be conducted, from 
occurring without the prior knowledge of the Councils or 
Secretary. The subsection is not intended to require 
notification for reasonable gear or fishery modifications made 
by fishermen routinely to improve operations or adjust to 
conditions in the fishery. The Secretary is required to include 
guidelines with the list of fisheries and gear that can be used 
to determine when fishing gear or a fishery is sufficiently 
different from the list to require notification. A Council 
could submit proposed changes it deems appropriate to the 
Secretary at any time, and the Secretary would be required to 
publish a revised list, after notice and comment, upon 
receiving proposed changes from a Council.
    In the event that a Council determines that an unlisted 
gear or fishery would compromise the effectiveness of 
conservation and management efforts, the Council would request 
the Secretary to promulgate emergency regulations to prevent 
persons and vessels from using the unlisted gear or engaging in 
the unlisted fishery. The emergency regulations would allow the 
Council to prepare and submit appropriate fishery management 
plans, amendments, or regulations necessary to permanently 
address the conservation or management concern. The Secretary 
would be authorized to promulgate emergency regulations with 
respect to unlisted gear and fisheries in Atlantic HMS 
fisheries.
    New section 305(b) of the Magnuson Act would revise and 
expand existing provisions to protect fish habitat that have 
been shifted from their current position in section 302(i) of 
the Magnuson Act. Under the revised provisions, the Secretary 
would be required to establish guidelines within six months of 
the enactment of the reported bill to assist the Councils in 
describing and identifying essential fish habitat and actions 
which should be considered to ensure the conservation and 
enhancement of such habitat, a new requirement in each fishery 
management plan. The Secretary also would provide 
recommendations and information to assist the Councils, review 
Department of Commerce programs, and coordinate with and 
provide information to other Federal agencies to ensure and 
further the conservation and enhancement of essential fish 
habitat. Other Federal agencies would be required to consult 
with the Secretary with respect to actions taken that may 
adversely affect essential fish habitat identified under the 
Magnuson Act.
    Consistent with the existing provisions of the Magnuson 
Act, the Councils would continue to be authorized to comment on 
Federal and State activities that might affect the habitat of a 
fishery resource, and would continue to be required to comment 
on Federal and State activities likely to substantially affect 
the habitat of an anadromous fishery resource. Upon receiving 
information that a Federal or State agency's action would 
adversely affect essential fish habitat, the Secretary would be 
required to recommend measures to the agency for conserving the 
habitat. A Federal agency would be required to provide a 
detailed written response to the Secretary within 30 days, 
describing measures being considered to avoid, mitigate, or 
offset the impact of the activity, or explaining its reasons 
for not following the Secretary's recommendations.
    Section 111(b) of the reported bill would amend section 
305(c) of the Magnuson Act to extend the maximum initial period 
for emergency regulations from 90 days to 180 days. Emergency 
regulations could be extended for an additional period of 180 
rather than 90 days, as well. This subsection also would add a 
new subparagraph to section 305(c) of the Magnuson Act to allow 
emergency regulations which respond to public health 
emergencies to remain in effect for longer than the established 
periods if: (1) the circumstances which created the emergency 
continue to exist; (2) the Secretary of Health and Human 
Services concurs with the Secretary's actions; and (3) the 
public has had an opportunity to comment after the regulations 
are published.
    Section 111(c) of the reported bill makes a technical 
change to section 305(e) of the Magnuson Act to update the 
number of an Executive Order with which the Secretary must 
comply.
    Section 111(d) of the reported bill would add two new 
subsections to the end of section 305 of the Magnuson Act to 
provide authority for fishery negotiation panels, and to 
require the creation of a central lien registry for limited 
access system permits. New section 305(g) of the Magnuson Act 
would allow a Council or the Secretary to establish a fishery 
negotiation panel to assist in the development of specific 
conservation and management measures for a fishery. The 
Secretary, in cooperation with the Administrative Conference of 
the United States, would be required to establish procedures 
for fishery negotiation panels comparable to the procedures for 
negotiated rulemaking in subchapter III of chapter 5 of title 
5, U.S. Code. The recommendations of a fishery negotiation 
panel would be required to be contained in a report which would 
be published in the Federal Register for public comment. 
Neither a Council nor the Secretary would be required to follow 
the recommendations of a fishery negotiation panel, but it is 
expected that the Council and Secretary would carefully 
consider all such recommendations.
    New section 305(h) of the Magnuson Act would require the 
Secretary to establish an exclusive central registry system for 
limited access system permits established under the Magnuson 
Act or other Federal law. The registry system would be required 
to be established within six months of the enactment of the 
reported bill. Many participants in limited access system 
fisheries use permits as loan collateral to finance the 
acquisition of the permit itself or to otherwise finance their 
operations. While loans for vessels can be secured with a 
preferred ship mortgage filed in a central registry 
administered by the Coast Guard under chapter 313 of title 46 
of the United States Code, currently there is no comparable 
mechanism for limited access system permits, an increasingly 
important component of fisheries conservation and management. 
New section 305(h) would establish a registry system for 
limited access system permits intended to be the exclusive 
means of perfecting security against third parties without 
notice. The registry system should reduce the risk that 
security granted by a permit holder will be encumbered by 
someone else, and reduce the transaction costs associated with 
financing limited access system permits. The registry system 
would be exclusive and administered centrally, thereby 
eliminating the uncertainty presently facing lenders and other 
secured parties as to the appropriate jurisdiction in which to 
file. However, the Committee anticipates that the system would 
be administered on a regional basis, within the region where 
the particular fishery management plan has been developed, to 
increase convenience and to eliminate the need to file in 
multiple jurisdictions or regularly check filings. The registry 
system would be required to allow for the registration of title 
to, and interests in, limited access permits, as well provide 
procedures for changes in the registration of title to such 
permits upon the occurrence of involuntary transfers, judicial 
or nonjudicial foreclosures of interest and the enforcement of 
judgments on interests. The Committee intends that the 
Secretary rely on other applicable law, including the Uniform 
Commercial Code, with respect to matters not provided for by 
new section 305(h), in creating the registry system. Finally, 
the new subsection would authorize the Secretary to collect a 
fee of not more than one-half of one percent of the value of a 
limited access system permit upon registration and transfer to 
recover the costs of administering the registry system.
    Section 111(e) of the reported bill would provide for the 
transition to the new registry system, requiring secured 
parties to submit evidence of perfection in a security to the 
Secretary within 120 days of the final regulations implementing 
the registry system in order for the perfected interest to 
remain perfected and effective.

Section 112.--Pacific Community Fisheries

    Section 112 would add a new section 305(i) to the Magnuson 
Act to establish criteria and procedures for CDQ programs. 
Section 112 of the reported bill also authorizes grants for 
western Pacific community demonstration projects. The Magnuson 
Act was enacted to phase out foreign fishing in the U.S. EEZ 
and when necessary to allocate the resulting fishing 
opportunities to U.S. fishermen in a manner that would be 
``fair and equitable to all such fishermen''. New subsection 
(i) is intended to ensure that western Alaska and western 
Pacific fishermen who historically fished in the U.S. EEZ are 
treated fairly and equitably as intended under the Magnuson 
Act.
    Between 1976 and 1992, the Eskimo, Aleut and Indian 
fishermen who resided in Alaska villages along the Bering Sea 
coast, from Norton Sound to the north side of the Aleutian 
Islands and including the Pribilof Islands, were not afforded 
fair and equitable commercial fishing opportunities in the 
Bering Sea. While fishermen from these communities historically 
had fished in the Bering Sea for commercial and subsistence 
purposes, they did not have a fair and equitable opportunity to 
benefit as the Bering Sea commercial fisheries were 
``Americanized'' because they lacked the significant capital 
investment needed to participate in the fisheries.
    In 1989, Bering Sea fishermen and residents, including 
Harold Sparck, a long-time resident and leader in western 
Alaska, brought this matter to the North Pacific Council's 
attention. At the January 1990 meeting of the North Pacific 
Council, a member of the North Pacific Council from the state 
of Washington moved to include CDQs in the analysis of the 
allocation scheme being considered for the Bering Sea/Aleutian 
Islands pollock fishery. The motion carried without objection.
    After thorough review and public comment, the North Pacific 
Council adopted a pollock CDQ program in 1991 as part of the 
pollock fishery inshore/offshore allocation program that passed 
by a final vote of nine to two. Under this program, 7.5 percent 
of the annual total allowable catch of Bering Sea pollock is 
allocated to villages that participate in a western Alaska CDQ 
program. In 1991, the Council also approved (by a final vote of 
seven to four, with the NMFS regional director and one member 
from Alaska voting against, and two members from Washington 
voting in favor) a halibut and sablefish IFQ program that 
established a second western Alaska CDQ program under which 
percentages of the annual total allowable catch of Bering Sea 
halibut and sablefish are allocated to villages that 
participate in the program.
    In 1993, a lawsuit was filed against the halibut and 
sablefish program by the Alliance Against IFQs. As an ancillary 
claim, the Alliance's complaint alleged that the Magnuson Act 
did not authorize the North Pacific Council to establish the 
halibut and sablefish CDQ program because the implementation of 
the program would violate Magnuson Act national standards four 
and five. In December of 1994, the United States District Court 
for the District of Alaska rejected this contention, 
determining that the Magnuson Act delegated the North Pacific 
Council authority to establish the program and that 
implementation of the program does not violate provisions of 
the Magnuson Act.
    In June of 1995, the North Pacific Council renewed the 
pollock CDQ program by unanimous consent (with one abstention). 
The Council also voted at the meeting (by a vote of eight to 
two) to allocate 7.5 percent of the total allowable catch of 
Bering Sea crab to a western Alaska CDQ program, and (by a vote 
of seven to three, with the NMFS regional director voting 
against, one member from Washington voting in favor, and one 
abstention) to allocate 7.5 percent of the total allowable 
catch of groundfish to a western Alaska CDQ program.
    By June of 1995, therefore, the North Pacific Council had 
recommended allocations to western Alaska CDQ programs for 
pollock, halibut, sablefish, crab and groundfish--the principal 
commercially important Bering Sea fishery resources. The 
Committee notes that these CDQ allocations were supported by 
North Pacific Council members from Alaska, Washington and 
Oregon, and that none of the CDQ allocations was recommended by 
the Council without the support of one or more North Pacific 
Council members from Washington or Oregon. New section 305(i) 
of the Magnuson Act would explicitly provide for the western 
Alaska CDQ programs and combine them in a single program for 
regulatory efficiency.
    While the North Pacific Council has taken action to begin 
to provide the opportunities envisioned by the Magnuson Act for 
fishermen in western Alaska communities, the Western Pacific 
Council has not yet taken such action with respect to fishermen 
from western Pacific communities. These fishermen, like the 
Alaska fishermen, have historically participated in western 
Pacific fisheries, but have had increasing difficulty in 
maintaining their participation as the fisheries have changed 
since enactment of the Magnuson Act. New section 305(i) would 
authorize the Western Pacific Council to use CDQs and other 
authority to ensure that western Pacific community fishermen 
have a fair opportunity to participate in western Pacific 
fisheries.
    CDQ programs would contribute to the development of local 
economies and markets, the social and economic well-being of 
participants through enhanced self-sufficiency, and 
improvements in local infrastructures. Testimony presented to 
the Committee also indicated that western Alaska CDQ programs 
have provided millions of dollars in direct economic benefits 
to the fishermen and vessel owners who are partners with CDQ 
organizations in harvesting these fishery quotas.
    New subsection (i) of section 305 of the Magnuson Act would 
require the North Pacific Council and the Secretary to 
establish a western Alaska community development program under 
which a percentage of the total allowable catch of each Bering 
Sea fishery is allocated to the program. Bering Sea CDQ 
programs already recommended or submitted by the North Pacific 
Council would be combined into a single, more efficient western 
Alaska CDQ program. The subsection also would establish 
community eligibility criteria that are based upon those 
previously developed by the North Pacific Council and 
Secretary, limiting such eligibility to those villages, 
including Akutan, that presently participate in the pollock and 
halibut/sablefish CDQ programs.
    This subsection would establish a moratorium through FY 
2000 on the submission by the North Pacific Council of a 
fishery management plan, amendment or regulation to provide a 
percentage of a Bering Sea fishery for the western Alaska CDQ 
program unless the Council had recommended a CDQ allocation in 
the fishery prior to October 1, 1995. The moratorium therefore 
would limit the new combined western Alaska CDQ program to the 
pollock, halibut, sablefish, crab and groundfish fisheries 
until September 30, 2000. In addition the Secretary would be 
prohibited during that period from approving or implementing a 
greater percentage of the total allowable catch of the Bering 
Sea pollock, halibut, sablefish, crab or groundfish fisheries 
for the western Alaska CDQ program than the North Pacific 
Council had already recommended as of September 30, 1995 in 
those fisheries. The effect of this restriction with respect to 
pollock would be that North Pacific Council and Secretary would 
be required to continue to allocate a percentage of pollock to 
the western Alaska CDQ program, notwithstanding the current 
expiration date for pollock CDQs, but the Secretary would not 
be allowed to approve a percentage higher than 7.5 percent for 
pollock CDQs prior to October 1, 2000.
    New section 305(i) also would require the Secretary to 
reduce the amount of any fees collected for fish harvested 
under the western Alaska CDQ program by an amount equal to the 
amount of costs incurred by a person for compliance with 
observer or reporting requirements tied to participation in the 
CDQ program. The actual amount of fees collected is not 
intended to exceed the costs associated with managing the CDQ 
program, as lowered by this reduction. The new combined western 
Alaska CDQ program would continue to be administered by the 
Secretary and the State of Alaska, and a portion of the fees 
collected by the Secretary are expected to be passed to the 
State of Alaska for reimbursement of costs directly related to 
management of the program.
    With respect to the western Pacific, section 305(i) would 
authorize the Western Pacific Council to submit, and the 
Secretary to approve, a western Pacific community development 
program that allocates a percentage of the total catch of any 
fishery, limited entry permits, or other quotas related to 
vessel size and fishing zones, to western Pacific communities 
that participate in the program. The Committee recognizes that 
the Western Pacific Council may design a community development 
quota that is not identical to the western Alaska program, and 
therefore has broadened the types of allocations that the 
Western Pacific Council may consider. This subsection also 
would establish eligibility criteria for western Pacific 
communities wishing to participate in the program that are 
patterned loosely after the western Alaska criteria. The term 
``western Pacific community'' would be defined to mean a 
community in the area or on an island within the area of 
jurisdiction of the Western Pacific Council, a majority of 
whose inhabitants are descended from the aboriginal peoples 
indigenous to the area, and in which traditional fishing 
practices are or have been historically used for subsistence or 
commercial purposes. In addition, this new subsection would 
require the Western Pacific Council to take into account 
traditional indigenous fishing practices in preparing any 
fishery management plan, plan amendment or regulation. Finally, 
after the date of enactment of the reported bill, Councils 
would be prohibited from proposing community development quota 
programs except as provided in this subsection.
    Section 112(b) of the reported bill would authorize 
appropriations of up to $500,000 annually for the Secretary and 
Secretary of Interior to make direct grants to eligible western 
Pacific communities to establish fishery demonstration projects 
that foster and promote traditional indigenous fishing 
practices. The Western Pacific Council would be required to 
establish an advisory panel to review and annually rank grant 
applications, and the Secretary and Secretary of Interior would 
be required to provide a detailed written explanation if the 
advisory panel's recommendations are not followed. The Western 
Pacific Council would be required to report annually to 
Congress on the status and progress of the demonstration 
projects, and appropriate Federal agencies would be authorized 
to provide technical assistance in carrying out the 
demonstration projects.

Section 113.--State Jurisdiction

    Section 113 would make several changes to section 306 of 
the Magnuson Act, dealing with Federal and State jurisdictional 
matters. Subsection (a) of this section would revise section 
306(a) of the Magnuson Act to clarify that a State may regulate 
a fishing vessel registered under its laws outside its 
boundaries if there is no Federal fishery management plan in 
place for a fishery, or if the State's laws are consistent with 
a Federal fishery management plan in place for a fishery. 
Vessels would be considered registered under the law of a State 
if: (1) the owner, captain or vessel holds a fishing license or 
other document issued by the State that is a prerequisite to 
participating in the fishery; (2) the vessel is numbered in the 
State; or (3) the vessel's Federal documentation lists as a 
homeport a location within the State. Existing section 
306(a)(3) of the Magnuson Act is somewhat vague with respect to 
a State's authority to regulate its vessels and has been the 
subject of recent court challenges. Section 113(a) is intended 
to clarify the intent of section 306(a)(3) to allow a State to 
apply State regulations to fishing vessels registered in that 
State.
    Subsection (b) of this section of the reported bill would 
amend section 306(b) to allow the State of Alaska to enforce 
its fishing laws and regulations in fisheries in the EEZ off 
Alaska in cases where no Federal fishery management plan exists 
or where the North Pacific Council has delegated management 
authority to the State through a fishery management plan, 
provided there is a legitimate State interest in the 
conservation and management of the fishery. Fisheries currently 
managed pursuant to a Federal fishery management plan could not 
be placed under State authority without the unanimous consent 
(except for the NMFS regional director) of the North Pacific 
Council. The provision would not require the unanimous consent 
of the North Pacific Council to continue to delegate management 
authority to the State of Alaska through fishery management 
plans for crab, salmon or in other fisheries in which the State 
of Alaska has been, or has been recommended to be, delegated 
such authority.
    Section 113(c) would amend Magnuson Act section 306(c) to 
require foreign vessels to submit reports on the amount of fish 
received from U.S. vessels and the locations from which the 
fish were harvested in order to engage in processing fish 
within the State internal waters.

Section 114.--Prohibited Acts

    This section would make a number of changes to actions 
prohibited under the Magnuson Act. Section 114(a) of the 
reported bill would amend section 307(1)(J) of the Magnuson Act 
to make it unlawful to ship, transport, offer for sale, sell, 
or purchase, in interstate or foreign commerce, any whole live 
lobster of the species Homarus americanus that is smaller than 
the minimum possession size in effect under the Atlantic 
Commission's American Lobster Fishery Management Plan if there 
is no Federal fishery management plan for the fishery. If the 
Atlantic Commission plan is withdrawn, the minimum size in 
effect at the time the plan was withdrawn would remain in 
effect until a new plan which contains a new minimum possession 
size goes into effect.
    Section 114(b) would amend section 307(1)(K) of the 
Magnuson Act to make it unlawful for any person to steal or to 
negligently and without authorization remove or tamper with 
fishing gear owned by someone else or fish contained in the 
fishing gear. The amendment would establish a negligence 
standard for removing, damaging, or tampering with someone 
else's fishing gear or fish in the gear in the EEZ without 
their authorization.
    Section 114(c) would expand the existing list of prohibited 
acts with respect to observers to explicitly include sexual 
harassment, and would make it unlawful for any person to commit 
these acts against data collectors employed by the NMFS or 
under contract to carry out responsibilities under the Magnuson 
Act.
    Section 114(d) would make it unlawful for Council members 
to knowingly and willfully fail to disclose or falsely disclose 
any financial interest required to be disclosed under the 
Magnuson Act, or to knowingly vote on a Council decision in 
violation of the recusal requirement that would be added to the 
Magnuson Act by section 108(i) of the reported bill.
    Section 114(e) would make conforming amendments so that 
certain activities involving fish processing and the 
transshipment of fish within the boundaries of States by 
foreign vessels are not considered an unlawful act. Both 
processing and transshipment activities are or would be 
authorized under the Magnuson Act.
    Section 114(f) would make a conforming change to section 
307(2)(B) of the Magnuson Act relating to the transshipment at 
sea of fish products by foreign vessels.

Section 115.--Civil Penalties and Permit Sanctions; Rebuttable 
        Presumptions

    Section 115 of the reported bill would amend section 308 of 
the Magnuson Act to strengthen the effectiveness of civil 
penalties and permit suspensions and would amend section 310 of 
the Magnuson Act with respect to establishing a rebuttable 
presumption about large-scale driftnet fishing. Section 115(a) 
would amend section 308(a) so that the Secretary would not have 
to take into account a person's ability to pay in determining 
the level of a civil penalty for the commission of an act 
prohibited by the Magnuson Act. Section 115(b) would amend 
section 308(b) to restrict a person against whom a permit 
suspension has been imposed for the nonpayment of a civil 
penalty or criminal fine from being able to appeal the permit 
suspension. This subsection also would eliminate the 
unnecessary requirement that a person seeking to obtain review 
in U.S. District Court serve a copy of their complaint to the 
Secretary, Attorney General and appropriate U.S. Attorney. 
Section 115(c) would amend the permit sanctions to allow the 
Secretary to revoke, suspend, or impose conditions and 
restrictions on a permit in any case in which an amount in 
settlement of a civil forfeiture imposed on a vessel or other 
property has not been paid and is overdue. Finally, section 
115(d) would amend section 310(e) of the Magnuson Act to make 
it a rebuttable presumption that a vessel inside the U.S. EEZ 
or on the high seas that has large-scale driftnet fishing gear 
on board is engaged in large-scale driftnet fishing.

Section 116.--Enforcement

    Section 116 of the reported bill would make a number of 
changes to section 311 of the Magnuson Act on enforcement. 
Subsection (a) would amend provisions relating to jurisdiction 
over cases and controversies arising under the Magnuson Act so 
that the appropriate court in the case of the Northern Mariana 
Islands is the United States District Court for the Northern 
Mariana Islands. Subsection (b) would amend section 311(e)(1) 
of the Magnuson Act to expand the laws under which sums 
received as fines, penalties and forfeitures can be used to pay 
for enforcement costs and expenses, including costs such as 
costs for storing seized property, investigation costs, and 
reimbursements to Federal and State agencies for services 
performed. Under current law, the Secretary is authorized to 
use only sums received under the Magnuson Act and other fishery 
resource laws for such purposes. This change would authorize 
use of sums received under the Magnuson Act and all other 
marine resource laws. Subsection (b) also would amend section 
311(e)(1) to establish a minimum reward of 20 percent of the 
penalty collected to a person for furnishing information which 
led to an arrest, conviction, civil penalty assessment, or 
forfeiture of property for a violation of the Magnuson Act or 
other marine resource law enforced by the Secretary.
    Section 116(c) would amend section 311(e)(2) of the 
Magnuson Act to make persons who have been found in an 
administrative or judicial proceeding to have violated the 
Magnuson Act or other marine resource law enforced by the 
Secretary to be liable for the cost incurred in the sale, 
storage, care, and maintenance of any fish or other property 
seized in connection with the violation. Under existing law, 
only persons who have been assessed a civil penalty for, or 
convicted of, a violation of the Magnuson Act are liable for 
these costs. The amendment is meant to require persons who are 
found in an administrative proceeding to have violated the 
Magnuson Act, but who are not assessed a civil penalty, to 
nevertheless be liable for costs incurred in the sale, storage, 
care, and maintenance of property seized in connection with the 
violation. The amendment is also meant to broaden the existing 
requirement so that persons found to have violated other marine 
resource laws enforced by the Secretary are liable for those 
costs.
    Section 116(d) of the reported bill would redesignate 
section 311(g) of the Magnuson Act as section 311(i) and add 
two new subsections to section 311. New subsection (g) would 
require the Secretary to support cooperative enforcement 
agreements between Federal and Pacific Insular Area authorities 
to the extent practicable. New subsection (h) would require the 
Secretary and the Secretary of the Department in which the 
Coast Guard is operating to submit a report each year on the 
effectiveness of the enforcement of fishery management plans, 
amendments and regulations under each Council's jurisdiction. 
The Secretaries would be required to consult with the Councils 
in preparing the report, and would be required to submit the 
report at the same time as the President's budget. The report 
would be required to include an analysis of the adequacy of 
Federal personnel and funding resources, as well as 
recommendations to improve enforcement that should be 
considered in developing plans, amendments and regulations.
    Section 116(e) would amend the definitions applicable to 
section 311 to include the transshipment at sea of fish 
products by foreign vessels in the definition of ``provisions 
of this Act'' for enforcement purposes.

Section 117.--North Pacific and Northwest Atlantic Ocean Fisheries

    This section of the reported bill would amend section 313 
and 314 of the Magnuson Act to deal with a number of 
conservation issues in the North Pacific and extend the 
authorization of appropriations for the Northwest Atlantic 
Ocean Fisheries Reinvestment Program. Section 117(a) would 
amend the title of section 313 of the Magnuson Act to read 
``NORTH PACIFIC FISHERIES CONSERVATION'' and add four new 
subsections to address bycatch reduction, the measurement of 
catches, and the full utilization and retention of economic 
discards in fisheries under the jurisdiction of the North 
Pacific Council. New section 313(f) would require the North 
Pacific Council to lower, on an annual basis for at least four 
years, the total amount of economic discards occurring in the 
fisheries under its jurisdiction. This subsection is meant to 
ensure that the bycatch reduction requirements that would be 
added to the Magnuson Act by the reported bill would result in 
an actual significant reduction in the total amount of economic 
discards in North Pacific fisheries. Under the changes to 
fishery management plan requirements (section 302(a) of the 
Magnuson Act) that would be made by the reported bill, the 
North Pacific Council would be required to include measures in 
each plan to minimize bycatch and, as a second priority, 
minimize the mortality of bycatch that cannot be avoided. New 
section 313(f) would emphasize the reduction of economic 
discards, or bycatch which fishermen choose not to retain. 
Reductions in the North Pacific of regulatory discards, or 
bycatch which fishermen are required by regulation not to 
retain would be accomplished primarily through the new plan 
requirements in section 302(a).
    New section 313(g) of the Magnuson Act would provide the 
North Pacific Council with authority to recommend a system of 
fees in a fishery to provide incentives to reduce bycatch and 
bycatch rates. The fees would not be allowed to exceed one 
percent of the estimated annual ex-vessel value of the target 
species in the fishery. New subsection (g) would also provide 
an exemption from the IFQ moratorium in section 303(d) of the 
Magnuson Act (as amended by the reported bill) to allow the 
North Pacific Council to submit measures which provide 
allocations of regulatory discards to individual fishing 
vessels as an incentive to reduce per vessel bycatch and 
bycatch rates. Any regulatory discard allocations would not be 
allowed to be transferable for monetary consideration and would 
be required to be reallocated on an annual basis. The North 
Pacific Council could not submit nor could the Secretary 
approve any such measures unless they would result in an actual 
reduction in regulatory discards, and unless an accurate 
enumeration of the target species, economic discards and 
regulatory discards is available in the fishery. The North 
Pacific Council would be authorized to include any additional 
restrictions deemed appropriate on the transferability of 
regulatory discard allocations. Such additional restrictions 
may be necessary to ensure the enforceability of regulatory 
discard allocations or for other reasons determined by the 
Council.
    New section 313(h) would require the North Pacific Council 
to submit measures to ensure the total catch measurement in 
each fishery under its jurisdiction by June 1, 1997. To the 
extent the measures do not require the weighing of fish, the 
North Pacific Council and Secretary would be required to submit 
a plan to Congress by January 1, 1998 to allow for weighing, 
unless the Council determines that weighing is not necessary to 
ensure the total catch measurement in a fishery.
    New section 313(i) would require the North Pacific Council 
to submit a report to the Secretary by June 1, 1999 on the 
advisability of requiring the full retention and full 
utilization of economic discards under its jurisdiction. The 
report is not intended to prevent the North Pacific Council 
from submitting, nor the Secretary from approving, measures to 
require the full retention and full utilization of economic 
discards or other types of bycatch prior to June 1, 1999, as 
long as such measures are consistent with the other 
requirements of the Magnuson Act, as amended by the reported 
bill.
    Section 117(b) of the reported bill would amend section 314 
of the Magnuson Act to authorize annual appropriations of 
$5,000,000 in each of the fiscal years through 2000 for the 
Northwest Atlantic Ocean Fisheries Reinvestment Program.

Section 118.--Transition to Sustainable Fisheries

    Section 118 would amend Title III of the Magnuson Act by 
adding two new sections authorizing activities to facilitate 
the attainment of sustainable fisheries. In many fisheries, 
both in the United States and throughout the world, too many 
fishermen are chasing too few fish. Such excess harvesting 
capacity may result in social and economic pressure to raise 
the allowable catch levels in the fishery, increase competition 
among fishermen, and reduce economic stability of fishery 
participants. One mechanism to address this problem is a 
``buyout'' program in which fishing capacity is reduced by 
making payments to fishermen for removing excess vessels or 
permits. Section 118(a) would add a new section 315 to the 
Magnuson Act establishing procedures for conducting such a 
fishing capacity reduction program.
    Under new section 315(a), the Secretary, with the approval 
of the appropriate Council and in consultation with interested 
parties, would be authorized to conduct a voluntary buyout 
program if the Secretary determines that: (1) the program is 
cost effective and necessary for a fishery rebuilding effort or 
to achieve fishery conservation and management goals; and (2) 
the management plan for the fishery is consistent with the 
proposed program and contains adequate measures to ensure that 
the total allowable catch for the fishery is not exceeded and 
to prevent replacement of fishing effort removed by the 
program. New section 315(a) also would establish that the 
objective for a buyout program is to obtain the maximum 
sustained reduction in fishing capacity, at the least cost, in 
a minimum period of time. To achieve that objective, the 
Secretary would be authorized to pay fishermen to relinquish 
fishing permits and to scrap fishing vessels or permanently 
prevent their further use in fishing. The first use of such 
payments would be to retire any loan or lien on the vessel or 
permit, including a federally guaranteed debt. The Committee 
intends that in any situation in which a vessel is removed from 
the fishery, any associated permit would be removed as well.
    New section 315(b) would authorize funding for a fishing 
capacity reduction program by any combination of amounts 
available under the Saltonstall-Kennedy Act, for fisheries 
disaster relief, through an industry fee system, or from 
states, other public sources or private organizations.
    New section 315(c) addresses procedures for establishing an 
industry fee system to fund a buyout program. If an industry 
fee system is necessary, the Secretary, with the approval of 
the appropriate Council, would be authorized to conduct a 
referendum to assess industry willingness to invest in a buyout 
program and pay for a portion of the program costs through 
landing fees. Prior to conducting the referendum, the Secretary 
would be required to notify and inform all permit and vessel 
owners who would be affected by the program and required to pay 
fees. A two-thirds majority vote of the participants voting in 
the referendum would be required to approve the industry fee 
system. An industry fee system under this new section would not 
be authorized to exceed five percent of ex-vessel value of 
landings and would remain in effect only until such time as any 
debt obligation incurred to finance the buyout program is fully 
paid. Fees collected to pay a debt obligation incurred to fund 
a buyout program would be paid into a subaccount of the fishing 
capacity reduction fund of the General Treasury established 
exclusively for the purpose of making payments on that debt 
obligation. The Committee intends that any fees assessed in a 
fishery would be used solely for a buyout program in that 
fishery.
    New section 315(d) would require the Secretary, in 
consultation with the Council and other interested parties to 
develop an implementation plan for a fishing capacity reduction 
program. The plan would define criteria for eligibility, 
establish procedures for program participation, and be 
published in the Federal Register for a 60-day public comment 
period prior to its adoption in final form. A plan that 
includes industry fees or any debt obligation could not be 
approved by the Secretary unless an industry fee system had 
been adopted by the fishermen through a referendum.
    Section 118(b) of the reported bill would require the 
Secretary to report to Congress on the role of the Federal 
government in subsidizing changes in the capacity of U.S. 
fishing fleets, and otherwise influencing aggregate capital 
investment in fisheries.
    Section 118(c) of the reported bill would add a new section 
316 to the Magnuson Act on the transition to sustainable 
fisheries. New section 316 would authorize disaster relief for 
a commercial fishery failure due to a fishery resource disaster 
and allow the Secretary to develop a sustainable development 
strategy for any fishery under Federal management. Subsection 
(a) of the new section would authorize the Secretary to develop 
such a strategy for any fishery that is overfished or for which 
a fishery management plan is being developed. The subsection is 
not intended to provide the Secretary with new authority to 
develop fishery management plans. Exercise of the authority 
provided in the subsection would be at the Secretary's 
discretion or at the request of an affected state governor or 
fishing community. Strategies would: (1) be developed in 
consultation with the appropriate Councils, state and local 
governments, and other interested parties; (2) establish long-
term objectives for the fishery; and (3) guide transition to a 
sustainable fishery, taking into consideration economic, social 
and environmental factors. For those fisheries involved in a 
rebuilding effort, the strategy would identify Federal and 
state programs which could provide assistance to fishermen and 
fishing communities. The Secretary would submit a report to 
Congress on any sustainable development strategy within six 
months of its development.
    Upon a determination of a commercial fishery failure due to 
a fishery resource disaster, new section 316(b) would authorize 
the Secretary to make money available for the use of NOAA, 
affected states, fishing communities and fishermen to assess 
the social and economic impacts of the failure, to rebuild the 
fishery, and to assist those affected by the failure. The 
fishery resource disaster may result from natural causes, man-
made causes (such as an oil spill) that cannot be controlled by 
fishery managers, or undetermined causes. Prior to making funds 
available under new section 316(b), the Secretary would be 
required to determine that any activity for which the funds 
would be used would not expand the size or scope of the fishery 
failure into other fisheries or geographic regions. The Federal 
cost share of any activity carried out under this new section 
could not exceed 75 percent of the cost of that activity. New 
section 316 would also authorize the appropriation of sums 
necessary to fund any activity carried out under this section.
    Section 118(d) of the reported bill would amend section 
2(b)(1)(A) of the Saltonstall-Kennedy Act to promote and 
develop U.S. fisheries products, allowing the use of funds 
available under that Act for the Federal share of a vessel or 
permit buyout program under new section 315 of the Magnuson 
Act.

               TITLE II--FISHERY MONITORING AND RESEARCH

Section 201.--Change of Title

    Section 201 would amend the heading of title IV of the 
Magnuson Act to

                  ``FISHERY MONITORING AND RESEARCH''.

Section 202.--Registration and Data Management

    Section 202 would amend title IV of the Magnuson Act by 
adding a new section 401 on vessel registration and data 
management. The Committee recognizes the need for more complete 
and accurate information and timely data analysis to improve 
the effectiveness of national fishery management programs and 
to promote economic and ecological sustainability. At the same 
time, Committee testimony expressed concern about increasing 
paperwork requirements and decreasing management flexibility. 
To address these issues, this section would require the 
Secretary to develop recommendations for a standardized, 
regionally based fishing vessel registration and data 
management system in cooperation with the Secretary of the 
Department in which the Coast Guard is operating, the States, 
Councils, and Marine Fisheries Commissions. The vessel 
registration and fisheries data management system would: (1) 
standardize vessel registration and data collection systems; 
(2) integrate programs under existing fishery management plans; 
(3) avoid duplication and use information collected from 
existing systems; (4) implement programs cooperatively; (5) 
authorize funding for system implementation through State, 
regional, or tribal entities, and Marine Fisheries Commissions; 
(6) establish standardized information units and formats for 
measurements; (7) minimize vessel paperwork; (8) include all 
species of fish in the geographic area of authority of the 
Councils and all vessels in such an area, including vessels 
carrying a passenger for hire but not recreational vessels; (9) 
require United States fish processors, fish dealers, and other 
first ex-vessel purchasers of fish to submit data; and (10) 
prescribe measures to ensure the confidentiality of information 
collected and the timely release of complete and accurate 
information.
    For each fishing vessel, the registration program would 
obtain the following information: the name and official number 
of the vessel; the name and address of the owner; the tonnage, 
and other pertinent information on vessel characteristics; and 
the fisheries in which the vessel participates. The data 
management system would determine for each fishery: the number 
of participating fishing vessels, including those which carry 
passengers for hire; the time and location of harvest; the gear 
employed and appropriate unit of fishing effort; and other 
factors. The term `passenger for hire' would be defined for 
this section as provided under section 2102(21a) of title 46, 
United States Code. Registration under this system would not be 
considered a permit, and new section 401 would prohibit 
revocation, suspension, or imposition of other restrictions on 
a registration. The registration system is not intended to be 
used for law enforcement purposes, but rather to provide 
accurate information for effective conservation and management. 
Consequently, it is essential to promote voluntary 
participation in the system and to encourage fishermen to 
provide accurate and timely information without fear of 
financial penalties or restrictions on operations. Within one 
year after the date of enactment of the reported bill, the 
Secretary would publish a proposed registration and data 
management program in the Federal Register for a 60-day public 
comment period. The proposal would describe cooperative 
arrangements with other agencies, States, Councils and other 
interested parties and any necessary regulations or 
legislation. Within 60 days after the end of the public comment 
period, the Secretary would then be required to transmit to 
Congress a revised proposal to implement the national fishing 
vessel registration system. Finally, new section 401 calls for 
the Secretary to report to Congress within 15 months of the 
date of enactment of the reported bill on the need to include 
recreational vessels in the registration system.

Section 203.--Data Collection

    Section 203 would amend section 402 of the Magnuson Act to 
establish a new subsection on data collection. New subsection 
(a) of section 402 would authorize the Councils to request that 
the Secretary implement a data collection program for a fishery 
if it is necessary for the management of that fishery. Similar 
to existing Magnuson Act provisions, under new subsection (b) 
data submitted to the Secretary would be confidential except 
when, among other circumstances: (1) it is used to verify catch 
under an IFQ program; (2) written permission is provided; or 
(3) it is information on bycatch collected by an observer under 
the North Pacific Research Plan and released under certain 
circumstances. New subsection (c) would prohibit the use in 
enforcement procedures of information collected by a person who 
is being carried on board a fishing vessel as part of a program 
to collect fishery information in which the vessel operator is 
a voluntary participant. The subsection also would limit the 
Secretary's authority to require submission of Federal or State 
tax information as a prerequisite to the issuance of a Federal 
fishing permit unless confidentiality of that information is 
ensured and the information is necessary for conservation and 
management. New subsection (e) would authorize the Secretary to 
enter into contractual agreements with the States or the 
private sector to provide vessels, equipment and other services 
necessary to conduct fishery resource assessments when such 
arrangements would yield statistically reliable results. In 
consultation with the appropriate Council, the Secretary would 
be authorized to structure competitive solicitations for 
services from the fishing industry. The Secretary also would be 
able to compensate the contractor by allowing the retention and 
sale by the contractor of fish harvested during data 
collection, or by allowing subsequent harvest, retention and 
sale of a portion of the allowable catch of the surveyed fish 
when the quantity or quality of fish harvested during the 
assessment is not expected to provide adequate compensation. 
The Secretary would be required to undertake efforts to expand 
fishery resource research efforts nationally.

Section 204.--Observers

    Section 204 would add a new section 403 to title IV of the 
Magnuson Act dealing with observers. Subsection (a) of new 
section 403, requires establishment of guidelines for fishing 
vessels that carry observers. Within one year of the date of 
enactment of the reported bill the Secretary would be required 
to promulgate regulations for determining when vessel 
facilities are adequate for carrying observers and ensuring the 
safety of observers while aboard a vessel. New subsection (b) 
calls for the Secretary in cooperation with States and the 
National Sea Grant College Program to ensure proper observer 
training making use of university training facilities where 
appropriate. Under new subsection (c) claims for observer's 
wages would be considered as maritime liens against the vessel. 
New subsection (d) would provide worker compensation under the 
Federal Employee Compensation Act for observers while aboard a 
vessel for the purposes of performing their duties. However, 
this pecuniary arrangement would not apply to an observer while 
he or she is engaged in performing duties in the service of the 
vessel.

Section 205.--Fisheries Research

    Section 205 would add a new section 404 to the Magnuson Act 
that revises and expands the fisheries research provisions 
currently contained in section 304(e) of existing law and would 
require the Secretary to initiate and maintain a comprehensive 
program of fishery research. The section retains the triennial 
requirement for development of a strategic plan for fisheries 
research, and would provide for the timely dissemination of 
accurate and complete data collected under this section.

Section 206.--Incidental Harvest Research

    Section 206 would add a new section 405 of the Magnuson Act 
containing updated provisions on incidental harvest research 
now found in section 304(g) of existing law. This section would 
require the Secretary, after consultation with the appropriate 
Councils, to conclude data collection in the incidental harvest 
research program for the shrimp trawl fishery. The Secretary 
would make data collected prior to June 30, 1994 available to 
the public. For stocks of fish subject to significant 
incidental harvest, the Secretary would be required to conduct 
a program to further investigate and evaluate the status and 
effects of human activities on these stocks and to identify 
management alternatives. Also, within one year of the date of 
enactment of the reported bill, the Secretary would be required 
to conclude a program to develop technological devices and 
other methods to reduce the incidental mortality of bycatch. 
Bycatch reduction targets would take into account the level of 
bycatch mortality on November 28, 1990, the date of enactment 
of the last comprehensive Magnuson Act reauthorization. The 
purpose of this provision is not to imply that no further 
reductions in bycatch and bycatch mortality are necessary, but 
to recognize that shrimp trawl fishermen have made significant 
progress in addressing this problem in recent years. A report 
to Congress on the results of these programs would be mandated. 
This section also would require that efforts to reduce 
incidental harvest be consistent with measures applicable 
throughout the range of the bycatch species concerned, and the 
need to avoid serious adverse effects on the bycatch species or 
ecology of the affected area.

Section 207.--Miscellaneous Research

    This section would amend section 406 of the Magnuson Act to 
require the Secretary to establish a fisheries ecosystem 
advisory panel to develop recommendations for expanding the 
application of ecosystem management principles to fishery 
conservation and management activities. The panel would consist 
of not more than 20 individuals and include experts in 
ecosystem principles and persons involved in marine resources 
management. Within two years of the date of enactment of the 
reported bill, the Secretary would be required to submit a 
report by the panel which would include an analysis of extent 
of the current use of ecosystem principles in fisheries 
management, and proposed actions by the Secretary and Congress 
to expand the application of ecosystem principles in fisheries 
management. The procedures applicable to advisory panels under 
section 302(j) of the Magnuson Act, as amended, would apply to 
the fisheries ecosystem management advisory panel.
    This section also would add a new section 407 to the end of 
title IV of the Magnuson Act to address Gulf of Mexico red 
snapper research. This section would require (within one year 
of enactment of the reported bill) that the Secretary complete 
an independent peer review of the red snapper fishery 
information to determine if: (1) fishery statistics adequately 
account for all recreational and commercial activities; (2) the 
scientific methods used for assessment and the scientific basis 
for management are appropriate; (3) the management measures 
currently used are appropriate to conserve red snapper; and (4) 
the benefits, costs, and alternatives to establishing an 
individual fishing quota system have been properly evaluated. 
This section would provide commercial and recreational 
fishermen the opportunity to participate in the peer review, 
and provide information to the Secretary without being subject 
to penalty for any past violation. The Secretary would submit a 
report on the findings of the peer review to the Gulf of Mexico 
Fishery Management Council.

Section 208.--Study of Contribution of Bycatch to Charitable 
        Organizations

    This section would require the Secretary to conduct a study 
of the contribution of bycatch to charitable organizations by 
commercial fishermen. The study would determine: (1) the amount 
of bycatch contributed annually; (2) the economic benefits to 
commercial fishermen from this contribution; and (3) the impact 
on fisheries of the availability of those economic benefits. 
The Secretary would submit a report on the study to Congress 
within one year of the enactment of the reported bill. The term 
``bycatch'' would have the meaning provided in section 3(2) of 
the Magnuson Act as amended by the reported bill.

Section 209.--Study of Identification Methods for Harvest Stocks

    This section would provide the Secretary the general 
authority to conduct a study to determine the best possible 
methods for identifying various Atlantic and Pacific salmon and 
steelhead stocks which are harvested while in the ocean. The 
study would assess various tagging and identification methods. 
The Secretary would report the findings of the study to 
Congress and any recommendations for any legislation deemed 
necessary on the basis of the study within six months after the 
date of enactment of the reported bill.

Section 210.--Clerical Amendments

    This section would amend the table of contents of the 
Magnuson Act relating to title IV.

                     TITLE III--FISHERIES FINANCING

Section 301.--Short Title

    This section provides that this title shall be cited as the 
``Fisheries Financing Act''.

Section 302.--Fisheries Financing and Capacity Reduction

    The Committee is aware that in many regions of the United 
States fish stocks have been declining to the point that severe 
financial strains have been placed on fishing communities and 
the sustainability of the fishery. This section would provide 
financial relief in these situations.
    Section 302 would amend title XI of the Merchant Marine 
Act, 1936 (46 U.S.C. 1271 et seq.) by adding a new section 1111 
that provides authority for the Secretary to guarantee, and 
make commitments to guarantee, the principal of and interest on 
financial obligations which aid in refinancing fishing vessels 
or fishery facilities that are having financial difficulty due 
to reduced cash flows because of limited harvest allocations 
associated with the implementation of fishery recovery efforts. 
The Secretary would be authorized to refinance up to 100 
percent of the amount of the obligation, except that in no case 
would that percentage exceed 75 percent of the unencumbered 
market value as determined by an independent marine surveyor 
for a fishing vessel or other competent person for a fishery 
facility. Obligations guaranteed under this section may include 
provisions that allow only the interest on the obligation to be 
paid during the time period of the obligation and the principal 
and interest to be fully amortized between the date that the 
stock is projected to be recovered and the final maturity date 
of the obligation.
    Section 1111 stipulates that this new Secretarial authority 
is contingent upon: (1) a Secretarial determination that a 
commercial fishery failure has occurred and Secretarial 
approval of a fishery rebuilding effort for the stock; (2) a 
finding that any guarantees will not have an adverse impact on 
other fisheries in the region; (3) reasonable prospects of full 
repayment by the obligor; and (4) agreement of the obligor to 
provide such security and meet such conditions as the Secretary 
may prescribe to protect the financial interest of the U.S. 
government. All obligations incurred under this section would 
be accounted for separately in a subaccount of the Federal Ship 
Financing Fund entitled the Fishery Recovery Refinancing 
Account.
    Section 302 of the reported bill also would add a new 
section 1112 to the Merchant Marine Act, 1936, providing 
authority for the Secretary to guarantee the payment of debt 
obligations that have been approved by the Secretary for 
implementing a fishing capacity reduction program. No debt 
obligation could exceed $100.0 million in unpaid outstanding 
principal for a fishing capacity reduction program approved by 
the Secretary, nor could a debt obligation exceed 20 years in 
maturity. The source of payment for a debt obligation would be 
industry fishing fees. The Secretary's authority to guarantee a 
debt obligation would be contingent upon: (1) the adoption of a 
fee system established under section 315(c) of the Magnuson Act 
(as amended) that is adequate to make such payments and (2) 
available appropriations for the subsidy costs of the guarantee 
under the Federal Credit Reform Act. The section also 
authorizes the use of other available sources of funds (such as 
disaster relief or State monies) to pay the debt obligation.
    Section 1112 also would establish a fishing capacity 
reduction fund in the Treasury to receive all funds that are 
available to the Secretary to pay the costs of the fishing 
capacity reduction program. Fishing fees collected to pay debt 
obligations incurred by entities under this section would be 
placed in separate subaccounts within this fund.

Section 303.--Fisheries Loan Guarantee Reform

    This section would amend title XI of the Merchant Marine 
Act, 1936, to modify the conditions under which NOAA provides 
loan guarantees to the fishing industry through the FOG 
program. Subsection (a) amends section 1104A(b)(2) of the 
Merchant Marine Act, to allow obligations related to fishing 
vessels, fishery facilities and IFQ purchases to be placed 
through the Federal Financing Bank, unless such placement is 
not reasonably available or placement elsewhere is available at 
a lower annual yield. Fishery loan guarantees are currently the 
only type of federal guarantee not allowed to be placed through 
the Federal Financing Bank. Placement of FOG loan guarantees 
through the Federal Financing Bank will allow a reduction in 
the interest costs of the guarantees. Subsection (b) would 
limit the level of loans that may be guaranteed by the FOG 
program to $40 million annually. In setting a cap, the 
Committee intends to allow for the necessary refinancing and 
construction of fishing vessels and fishery facilities without 
increasing U.S. harvesting capacity. Subsection (c) would allow 
FOG fees to be adjusted so that fees paid by loan guarantee 
applicants are kept roughly the same as the current amounts 
being paid, even though savings have been achieved by placing 
obligations through the Federal Financing Bank. Subsection (d) 
would allow NOAA to use these savings to pay for the direct 
administrative costs of the FOG program. Specifically, 
subsection (d) authorizes the Secretary to use up to $1.7 
million annually of the money generated by the fees to pay for 
such administrative costs. Subsection (e) would prohibit the 
Federal government from guaranteeing any new loans until 
October 1, 2001 for the construction of new fishing vessels if 
the construction would increase the U.S. harvesting capacity 
within the U.S. EEZ.

           TITLE IV--MARINE FISHERY STATUTE REAUTHORIZATIONS.

Section 401.--Marine Fish Program Authorization of Appropriations

    This section would authorize appropriations for a number of 
NOAA's marine fisheries programs. Subsection (a) would 
authorize $49.3 million for FY 1996, $50.8 million for FY 1997, 
and $52.3 million annually for FY 1998, FY 1999, and FY 2000 
for fisheries information collection and analysis activities. 
Subsection (b) would authorize $28.2 million for FY 1996, $29 
million annually for FY 1997, and $29.9 million annually for FY 
1998, FY 1999, and FY 2000 for fisheries conservation and 
management operations. Subsection (c) would authorize $22.4 
million for FY 1996, $23.1 million for FY 1997, and $23.8 
million annually for FY 1998, FY 1999, and FY 2000 for State 
and industry cooperative programs. These authorizations are 
primarily for responsibilities established under the Fish and 
Wildlife Act of 1956 and laws implementing international 
fishery agreements. The authorizations in this section are in 
addition to authorizations in other laws such as the Marine 
Mammal Protection Act (MMPA) and the Endangered Species Act. 
This section also would extend the authorization of 
appropriations for the NMFS Chesapeake Bay Office through FY 
1997.

Section 402.--Interjurisdictional Fisheries Act Amendments

    This section amends section 308(a) of the 
Interjurisdictional Fisheries Act (IFA) of 1986 (16 U.S.C. 
4107) to authorize appropriations for development of interstate 
management grants at $3.4 million for FY 1996; $3.9 million for 
FY 1997; and $4.4 million annually for FY 1998, 1999 and 2000. 
Section 308(b) is amended to provide additional appropriations 
for fisheries disaster relief in the amount of $65 million for 
each of FY 1996 through FY 2000. In addition, section 308(c) is 
amended to provide authorizations of $650,000 for FY 1996; 
$700,000 for FY 1997; and $750,000 for FY 1998, 1999 and 2000 
to support the Atlantic, Gulf and Pacific Commissions.
    This section also amends section 308(d) of the IFA to allow 
use of $55 million that was appropriated in 1992 to compensate 
fishermen for their losses after Hurricane Andrew. The 
amendments would allow funds to be provided directly to 
fishermen or indirectly to State and local government agencies 
and non-profit organizations. This section removes the 
provision which limits the amount an individual can receive to 
75 percent of the uninsured loss. In the Pacific Northwest, 
fishermen already have been hired to participate in habitat 
restoration and data collection programs using this funding and 
authority.
    This section also changes ``gross revenues'' to ``net 
annual revenues from commercial fisheries'' and removes the 
$100,000 limit in total assistance to any one person. In the 
Northeast region, NOAA has conducted a $2 million pilot program 
to buy back fishing vessels in an effort to reduce fishing 
capacity. Many of the bids received from the fishermen to sell 
their fishing vessels to the government exceeded this limit; 
therefore, removal of the limit is necessary for effective 
implementation of a fishing capacity reduction program. The 
Pacific Northwest and Gulf of Mexico regions also may need this 
additional flexibility in the statute to assist commercial 
fishermen in projects that will provide long-term resource 
benefits. The amendments made by this section stipulate that 
funding for a fishing capacity reduction program under this 
authority would be contingent upon a determination by the 
Secretary that adequate conservation and management measures 
are in place for the fishery and that measures are also in 
place to prevent the replacement of that fishing effort for 
that fishery. This requirement recognizes that a fishing vessel 
capacity reduction program and fishery rebuilding efforts are 
important elements of a comprehensive program to restore 
sustainable fisheries.

Section 403.--Anadromous Fisheries Amendments

    This section amends section 4 of the Anadromous Fish 
Conservation Act (16 U.S.C. 757d) to extend the current annual 
authorization level of $8.0 million through FY 2000.

Section 404.--Atlantic Coastal Cooperative Management Act Amendments

    This section amends section 804 of the Atlantic Coast 
Fisheries Cooperative Management Act (16 U.S.C. 5102) to extend 
the current annual authorization level of $7 million through FY 
2000. Section 404 also amends the definition subsection to 
clarify the meaning of the term ``coastal fishery management 
plan''. The current definition was never intended to restrict 
the Secretary's authority to regulate fishing activities in the 
EEZ nor actions necessary to provide for effective conservation 
and management for Atlantic coastal fisheries. The Secretary 
would continue to be required to consult with the appropriate 
management bodies prior to taking regulatory action to ensure 
that his actions are consistent with the management plans 
already in effect for the fishery.

Section 405.--Technical Amendments to Maritime Boundary Agreement

    This section would make technical and conforming amendments 
related to title III of the Act entitled, ``An Act to provide 
for the designation of the Flower Garden Banks National 
Sanctuary (Public Law 102-251) (FGB Act), which provides for 
the implementation of an agreement between the United States 
and the former Union of Soviet Socialist Republics (USSR) on 
the maritime boundary in the Bering Sea. Certain amendments to 
the Magnuson Act and MMPA made by the FGB Act are contingent 
upon entry into force of this agreement in the United States, 
which has not yet occurred. Section 405 would make amendments 
so that title III of the FGB Act would continue to correspond 
to the proper sections of the Magnuson Act as amended by the 
reported bill. Section 405 would also make a conforming 
amendment to the MMPA, to which a section of the FGB Act no 
longer correctly corresponds as a result of amendments made to 
the MMPA in 1994.

                      Rollcall Votes in Committee

  In accordance with paragraph 7(c) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following description of the record votes during its 
consideration of S. 39:
    Senator Gorton offered an amendment to the amendment (in 
the nature of a substitute) offered by Senator Stevens on IFQ 
Moratorium. By rollcall vote of 7 yeas and 11 nays as follows, 
the amendment was defeated:
        YEAS--7--                     NAYS--11
Mr. McCain \1\                      Mr. Pressler
Mr. Burns                           Mr. Stevens
Mr. Gorton --                       Mr. Lott \1\
Mr. Ashcroft                        Ms. Snowe
Mr. Rockefeller \1\                 Mr. Frist
Mr. Breaux                          Mr. Hollings
Mr. Bryan \1\-                      Mr. Inouye
                                    Mr. Ford
                                    Mr. Exon \1\
  -                                 Mr. Kerry
                                    Mr. Dorgan\1\
    \1\ By proxy

    Senator Gorton offered an amendment on the national 
standard of promoting efficiency. On a rollcall vote of 6 yeas 
and 11 nays as follows, the amendment was defeated:
        YEAS--6--                     NAYS--11
Mr. McCain \1\                      Mr. Pressler
Mr. Gorton                          Mr. Stevens
Mr. Ashcroft \1\-                   Mr. Lott \1\
Mr. Frist                           Ms. Snowe
Mr. Breaux                          Mr. Hollings
Mr. Bryan --                        Mr. Inouye
                                    Mr. Ford \1\
                                    Mr. Exon \1\
                                    Mr. Rockefeller
                                    Mr. Kerry
                                    Mr. Dorgan
    \1\ By proxy

    Senator Gorton offered an amendment on State authority. On 
a rollcall vote of 9 yeas and 9 nays as follows, the amendment 
was defeated:
        YEAS--9--                     NAYS--9
Mr. Pressler                        Mr. Hollings
Mr. Stevens                         Mr. Inouye
Mr. McCain \1\                      Mr. Ford
Mr. Burns --                        Mr. Exon \1\
Mr. Gorton                          Mr. Rockefeller \1\
Mr. Lott \1\ -                      Mr. Kerry
Ms. Snowe                           Mr. Breaux
Mr. Ashcroft \1\-                   Mr. Bryan \1\
Mr. Frist \1\                       Mr. Dorgan \1\
    \1\ By proxy

    Senator Gorton offered an amendment on the interest of 
municipalities. On a rollcall vote of 6 yeas and 12 nays as 
follows, the amendment was defeated:
        YEAS--6--                     NAYS--12
Mr. McCain \1\                      Mr. Pressler
Mr. Gorton                          Mr. Stevens
Mr. Ashcroft \1\-                   Mr. Burns \1\
Mr. Frist \1\                       Ms. Lott \1\
Mr. Breaux                          Ms. Snowe
Mr. Bryan \1\-                      Mr. Hollings
                                    Mr. Inouye
                                    Mr. Ford \1\
                                    Mr. Exon\1\
                                    Mr. Rockefeller\1\
                                    Mr. Kerry
                                    Mr. Dorgan\1\
    \1\ By proxy

    Senator Gorton offered an amendment to keep CDQ's at the 
current level. On a rollcall vote of 6 yeas and 11 nays as 
follows, the amendment was defeated:
        YEAS--6--                     NAYS--11
Mr. McCain \1\                      Mr. Pressler
Mr. Gorton                          Mr. Stevens
Mr. Ashcroft \1\-                   Mr. Lott \1\
Mr. Rockefeller \1\                 Ms. Snowe
Mr. Breaux                          Mr. Frist \1\
Mr. Bryan \1\-                      Mr. Hollings
                                    Mr. Inouye
                                    Mr. Ford \1\
                                    Mr. Exon \1\
                                    Mr. Kerry
                                    Mr. Dorgan \1\

    \1\ By proxy

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                      TITLE 15. COMMERCE AND TRADE

                     CHAPTER 15. ECONOMIC RECOVERY

Sec. 713c-3. Promotion of the free flow of domestically produced 
                    fishery products

          * * * * * * *
    (b) Transfer of Funds.--
          (1) The Secretary of Agriculture shall transfer to 
        the Secretary each fiscal year, beginning with ah 
        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 
        [7 U.S.C. 612c], 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 [16 U.S.C. 1863].] 
                        Act; and
                  (iv) to fund the Federal share of a buy-out 
                program established under section 315(b) of the 
                Magnuson Fishery Conservation and Management 
                Act; and
                  (B) the provision of moneys, subject to 
                paragraph (2), to carry out the purposes of the 
                Fisheries Promotion Fund established under 
                section 208(a) of the Fish and Seafood 
                Promotion Act of 1986.
          (2) There are transferred from the fund established 
        under paragraph (1) to the Fisheries Promotion Fund 
        referred to in paragraph (1)(B) $750,000 in fiscal year 
        1987, $3,000,000 in each of fiscal years 1988 and 1989, 
        and $2,000,000 in each of fiscal years 1990 and 1991.
          * * * * * * *

                         TITLE 16. CONSERVATION

             CHAPTER 9A. PRESERVATION OF FISHERY RESOURCES

Sec. 757d. Funding

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out the purposes of this Act [16 
U.S.C. 757a-757g] not to exceed the following sums:
          (1) $8,152,500 for fiscal year 1989.
          (2) $8,000,000 for each of the fiscal years 1990, 
        1991, 1992, 1993, 1994, [and 1995.] 1995, 1996, 1997, 
        1998, 19999, and 2000.
Sums appropriated under this subsection are authorized to 
remain available until expended.
    (b) Limitation on Obligation of Funds in Any One State.--
Not more than $1,250,000 of the funds appropriated under this 
section in any one fiscal year shall be obligated in any one 
State.

                  CHAPTER 31. MARINE MAMMAL PROTECTION

                               GENERALLY

Sec. 1362. Definitions

    For the purposes of this Act--
          (1) The term ``depletion'' or ``depleted'' means any 
        case in which--
                  (A) the Secretary, after consultation with 
                the Marine Mammal Commission and the Committee 
                of Scientific Advisors on Marine Mammals 
                established under title II of this Act [16 
                U.S.C. 1401 et seq.], determines that a species 
                or population stock is below its optimum 
                sustainable population;
                  (B) a State, to which authority for the 
                conservation and management of a species or 
                population stock is transferred under section 
                109 [16 U.S.C. 1379], determines that such 
                species or stock is below its optimum 
                sustainable population; or
                  (C) a species or population stock is listed 
                as an endangered species or a threatened 
                species under the Endangered Species Act of 
                1973.
          (2) The terms ``conservation'' and ``management'' 
        mean the collection and application of biological 
        information for the purposes of increasing and 
        maintaining the number of animals within species and 
        populations of marine mammals at their optimum 
        sustainable population. Such terms include the entire 
        scope of activities that constitute a modern scientific 
        resource program, including, but not limited to, 
        research, census, law enforcement, and habitat 
        acquisition and improvement. Also included within these 
        terms, when and where appropriate, is the periodic or 
        total protection of species or populations as well as 
        regulated taking.
          (3) The term ``district court of the United States'' 
        includes the District Court of Guam, District Court of 
        the Virgin Islands, District Court of Puerto Rico, 
        District Court of the Canal Zone, and, in the case of 
        American Samoa and the Trust Territory of the Pacific 
        Islands, the District Court of the United States for 
        the District of Hawaii.
          (4) The term ``humane'' in the context of the taking 
        of a marine mammal means that method of taking which 
        involves the least possible degree of pain and 
        suffering practicable to the mammal involved.
          (5) The term ``intermediary nation'' means a nation 
        that exports yellowfin tuna or yellowfin tuna products 
        to the United States and that imports yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation into the United States pursuant to 
        section 101(a)(2)(B) [16 U.S.C. 1371(a)(2)(B)].
          (6) The term ``marine mammal'' means any mammal which 
        (A) is morphologically adapted to the marine 
        environment (including sea otters and members of the 
        orders Sirenia, Pinnipedia and Cetacea), or (B) 
        primarily inhabits the marine environment (such as the 
        polar bear); and, for the purposes of this Act, 
        includes any part of any such marine mammal, including 
        its raw, dressed, or dyed fur or skin.
          (7) The term ``marine mammal product'' means any item 
        of merchandise which consists, or is composed in whole 
        or in part, of any marine mammal.
          (8) The term ``moratorium'' means a complete 
        cessation of the taking of marine mammals and a 
        complete ban on the importation into the United States 
        of marine mammals and marine mammal products, except as 
        provided in this Act.
          (9) The term ``optimum sustainable population'' 
        means, with respect to any population stock, the number 
        of animals which will result in the maximum 
        productivity of the population or the species, keeping 
        in mind the carrying capacity of the habitat and the 
        health of the ecosystem of which they form a 
        constituent element.
          (10) The term ``person'' includes (A) any private 
        person or entity, and (B) any officer, employee, agent, 
        department, or instrumentality of the Federal 
        Government, of any State or political subdivision 
        thereof, or of any foreign government.
          (11) The term ``population stock'' or ``stock'' means 
        a group of marine mammals of the same species of 
        smaller taxa in a common spatial arrangement, that 
        interbreed when mature.
          (12) (A) Except as provided in subparagraph (B), the 
        term ``Secretary'' means--
                  (i) the Secretary of the department in which 
                the National Oceanic and Atmospheric 
                Administration is operating, as to all 
                responsibility, authority, funding, and duties 
                under this Act with respect to members of the 
                order Cetacea and members, other than walruses, 
                of the order Pinnipedia, and
                  (ii) the Secretary of the Interior as to all 
                responsibility, authority, funding, and duties 
                under this Act with respect to all other marine 
                mammals covered by this Act.
                  (B) [In] in section 118 and title IV [16 
                U.S.C. 1387 and 1421 et seq.] the term 
                ``Secretary'' means the Secretary of Commerce.
          (13) The term ``take'' means to harass, hunt, 
        capture, or kill, or attempt to harass, hunt, capture, 
        or kill any marine mammal.
          (14) The term ``United States'' includes the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands of the United States, 
        American Samoa, Guam, and Northern Mariana Islands.
          [(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 other boundary is a line 
                drawn in such a manner that each point on it is 
                200 nautical miles from the baseline from which 
                the territorial sea is measured; and
                  (C) the areas referred to as eastern special 
                areas in Article 3(1) of the Agreement between 
                the United States of America and the Union of 
                Soviet Socialist Republics on the Maritime 
                Boundary, signed June 1, 1990; in particular, 
                those areas east of the maritime boundary, as 
                defined in that Agreement, that lie within 200 
                nautical miles of the baselines from which the 
                breadth of the territorial sea of Russia is 
                measured but beyond 200 nautical miles of the 
                baselines from which the breadth of the 
                territorial sea of the United States is 
                measured, except that this subparagraph shall 
                not apply before the date on which the 
                Agreement between the United States and the 
                Union of Soviet Socialist Republics on the 
                Maritime Boundary, signed June 1, 1990, enters 
                into force for the United States.
          (16) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (17) The term ``competent regional organization''--
                  (A) for the tuna fishery in the eastern 
                tropical Pacific Ocean, means the Inter-
                American Tropical Tuna Commission; and
                  (B) in any other case, means an organization 
                consisting of those nations participating in a 
                tuna fishery, the purpose of which is the 
                conservation and management of that fishery and 
                the management of issues relating to that 
                fishery.
          (18)(A) The term ``harassment'' means any act of 
        pursuit, torment, or annoyance which--
                  (i) has the potential to injure a marine 
                mammal or marine mammal stock in the wild; or
                  (ii) has the potential to disturb a marine 
                mammal or marine mammal stock in the wild by 
                causing disruption of behavioral patterns, 
                including, but not limited to, migration, 
                breathing, nursing, breeding, feeding, or 
                sheltering.
          (B) The term ``Level A harassment'' means harassment 
        described in subparagraph (A)(i).
          (C) The term ``Level B harassment'' means harassment 
        described in subparagraph (A)(ii).
          (19) The term ``strategic stock'' means a marine 
        mammal stock--
                  (A) for which the level of direct human-
                caused mortality exceeds the potential 
                biological removal level;
                  (B) which, based on the best available 
                scientific information, is declining and is 
                likely to be listed as a threatened species 
                under the Endangered Species Act of 1973 within 
                the foreseeable future; or
                  (C) which is listed as a threatened species 
                or endangered species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), 
                or is designated as depleted under this Act.
          (20) The term ``potential biological removal level'' 
        means the maximum number of animals, not including 
        natural mortalities, that may be removed from a marine 
        mammal stock while allowing that stock to reach or 
        maintain its optimum sustainable population. The 
        potential biological removal level is the product of 
        the following factors:
                  (A) The minimum population estimate of the 
                stock.
                  (B) One-half the maximum theoretical or 
                estimated net productivity rate of the stock at 
                a small population size.
                  (C) A recovery factor of between 0.1 and 1.0.
          (21) The term ``Regional Fishery Management Council'' 
        means a Regional Fishery Management Council established 
        under section 302 of the Magnuson Fishery Conservation 
        and Management Act [16 U.S.C. 1852].
          (22) The term ``bona fide research'' means scientific 
        research on marine mammals, the results of which--
                  (A) likely would be accepted for publication 
                in a referred scientific journal;
                  (B) are likely to contribute to the basic 
                knowledge of marine mammal biology or ecology; 
                or
                  (C) are likely to identify, evaluate, or 
                resolve conservation problems.
          (23) The term ``Alaska Native organization'' means a 
        group designated by law or formally chartered which 
        represents or consists of Indians, Aleuts, or Eskimos 
        residing in Alaska.
          (24) The term ``take reduction plan'' means a plan 
        developed under section 118 [16 U.S.C. 1387].
          (25) The term ``take reduction team'' means a team 
        established under section 118 [16 U.S.C. 1387].
          (26) The term ``net productivity rate'' means the 
        annual per capita rate of increase in a stock resulting 
        from additions due to reproduction, less losses due to 
        mortality.
          (27) The term ``minimum population estimate'' means 
        an estimate of the number of animals in a stock that--
                  (A) is based on the best available scientific 
                information on abundance, incorporating the 
                precision and variability associated with such 
                information; and
                  (B) provides reasonable assurance that the 
                stock size is equal to or greater than the 
                estimate.

       CHAPTER 38. FISHERY CONSERVATION AND MANAGEMENT GENERALLY

Sec. 1801. Findings, purposes and policy

    (a) Findings.--The Congress finds and declares the 
following:
          (1) The fish off the coasts of the United States, the 
        highly migratory species of the high seas, the species 
        which dwell on or in the Continental Shelf appertaining 
        to the United States, and the anadromous species which 
        spawn in United States rivers or estuaries, constitute 
        valuable and renewable natural resources. These fishery 
        resources contribute to the food supply, economy, and 
        health of the Nation and provide recreational 
        opportunities.
          [(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.]
          (2) Certain stocks of fish have declined to the point 
        where their survival is threatened, and other stocks of 
        fish have been so substantially reduced in number that 
        they could become similarly threatened as a consequence 
        of (A) increased fishing pressure, (B) the inadequacy 
        of fishery resource conservation and management 
        practices and controls, or (C) direct and indirect 
        habitat losses which have resulted in a diminished 
        capacity to support existing fishing levels.
          (3) Commercial and recreational fishing constitutes a 
        major source of employment and contributes 
        significantly to the economy of the Nation. Many 
        coastal areas are dependent upon fishing and related 
        activities, and their economies have been badly damaged 
        by the overfishing of fishery resources at an ever-
        increasing rate over the past decade. The activities of 
        massive foreign fishing fleets in waters adjacent to 
        such coastal areas have contributed to such damage, 
        interfered with domestic fishing efforts, and caused 
        destruction of the fishing gear of United States 
        fishermen.
          (4) International fishery agreements have not been 
        effective in preventing or terminating the overfishing 
        of these valuable fishery resources. There is danger 
        that irreversible effects from overfishing will take 
        place before an effective international agreement on 
        fishery management jurisdiction can be negotiated, 
        signed, ratified, and implemented.
          (5) Fishery resources are finite but renewable. If 
        placed under sound management before overfishing has 
        caused irreversible effects, the fisheries can be 
        conserved and maintained so as to provide optimum 
        yields on a continuing basis.
          (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 
        facilitate long-term protection of essential fish 
        habitats, and to realize the full potential of the 
        Nation's fishery resources.
          (7) A national program for the development of 
        fisheries which are underutilized or not utilized by 
        the United States fishing industry, including bottom 
        fish off Alaska, is necessary to assure that our 
        citizens benefit from the employment, food supply, and 
        revenue which could be generated thereby.
          (8) The collection of reliable data is essential to 
        the effective conservation, management, and scientific 
        understanding of the fishery resources of the United 
        States.
          (9) One of the greatest long-term threats to the 
        viability of commercial and recreational fisheries is 
        the continuing loss of marine, estuarine, and other 
        aquatic habitats. Habitat considerations should receive 
        increased attention for the conservation and management 
        of fishery resources of the United States.
          (10) Pacific Insular Areas contain unique historical, 
        cultural, legal, political, and geographical 
        circumstances which make fisheries resources important 
        in sustaining their economic growth.
    (b) Purposes.--It is therefore declared to be the purposes 
of the Congress in this Act--
          (1) to take immediate action to conserve and manage 
        the fishery resources found off the coasts of the 
        United States, and the anadromous species and 
        Continental Shelf fishery resources of the United 
        States, by exercising (A) sovereign rights for the 
        purposes of exploring, exploiting, conserving, and 
        managing all fish, within the exclusive economic zone 
        established by Presidential Proclamation 5030, dated 
        March 10, 1983, and (B) exclusive fishery management 
        authority beyond the exclusive economic zone over such 
        anadromous species and Continental Shelf fishery 
        resources, and fishery resources in the special areas;
          (2) to support and encourage the implementation and 
        enforcement of international fishery agreements for the 
        conservation and management of highly migratory 
        species, and to encourage the negotiation and 
        implementation of additional such agreements as 
        necessary;
          (3) to promote domestic commercial and recreational 
        fishing under sound conservation and management 
        principles;
          (4) to provide for the preparation and 
        implementation, in accordance with national standards, 
        of fishery management plans which will achieve and 
        maintain, on a continuing basis, the optimum yield from 
        each fishery;
          (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 State, 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.] development in a non-
        wasteful manner; and
          (7) to promote the protection of essential fish 
        habitat in the review of projects conducted under 
        Federal permits, licenses, or other authorities that 
        affect or have the potential to affect such habitat.
    (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1) to maintain without change the existing 
        territorial or other ocean jurisdiction of the United 
        States for all purposes other than the conservation and 
        management of fishery resources, as provided for in 
        this Act;
          (2) to authorize no impediment to, or interference 
        with, recognized legitimate uses of the high seas, 
        except as necessary for the conservation and management 
        of fishery resources, as provided for in this Act;
          (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;
          (4) to permit foreign fishing consistent with the 
        provisions of this Act;
          (5) to support and encourage active United States 
        efforts to obtain internationally acceptable agreements 
        which provide for effective conservation and management 
        of fishery resources, and to secure agreements to 
        regulate fishing by vessels or persons beyond the 
        exclusive economic zones of any nation; [and]
          (6) to foster and maintain the diversity of fisheries 
        in the United [States.] States; and
          (7) to ensure that the fishery resources adjacent to 
        a Pacific Insular Area, including resident or migratory 
        stocks within the exclusive economic zone adjacent to 
        such areas, be explored, developed, conserved, and 
        managed for the benefit of the people of such area and 
        of the United States.

Sec. 1802. Definitions

    As used in this Act, unless the context otherwise 
requires--
          (1) The term ``anadromous species'' means species of 
        fish which spawn in fresh or estuarine waters of the 
        United States and which migrate to ocean waters.
          (2) The term ``bycatch'' means fish which are 
        harvested by a fishing vessel, but which are not sold 
        or kept for personal use, and includes economic 
        discards and regulatory discards but does not include 
        fish caught and released alive that are the target 
        species of recreational fishing under catch and release 
        programs.
          (3) The term ``commercial fishing'' means fishing in 
        which the fish harvested, either in whole or in part, 
        enter commerce through sale, barter or trade.
          [(2)] (4) The term ``conservation and management'' 
        refers to all of the rules, regulations, conditions, 
        methods, and other measures (A) which are required to 
        rebuild, restore, or maintain, and which are useful in 
        rebuilding, restoring, or maintaining, any fishery 
        resource and the marine environment; and (B) which are 
        designed to assure that--
                  (i) a supply of food and other products may 
                be taken, and that recreational benefits may be 
                obtained, on a continuing basis;
                  (ii) irreversible or long-term adverse 
                effects on fishery resources and the marine 
                environment are avoided; and
                  (iii) there will be a multiplicity of options 
                available with respect to future uses of these 
                resources.
          [(3)] (5) The term ``Continental Shelf'' means the 
        seabed and subsoil of the submarine areas adjacent to 
        the coast, but outside the area of the territorial sea, 
        of the United States, to a depth of 200 meters or, 
        beyond that limit, to where the depth of the 
        superjacent waters admits of the exploitation of the 
        natural resources of such areas.
          [(4)] (6) 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.

                                SPONGES

                  Glove Sponge--Spongia cheiris;
                  Sheepswool Sponge--Hippiospongia lachne;
                  Grass Sponge--Spongia graminea; and
                    Yellow Sponge--Spongia barbera.

If the Secretary determines, after consultation with the 
Secretary of State, that living organisms of any other 
sedentary species are, at the harvestable stage, either--
      (A) immobile on or under the seabed, or
      (B) unable to move except in constant physical contact 
with the seabed or subsoil,
of the Continental Shelf which appertains to the United States, 
and publishes notice of such determination in the Federal 
Register, such sedentary species shall be considered to be 
added to the foregoing list and included in such term for 
purposes of this Act.
          [(5)] (7) The term ``Council'' means any Regional 
        Fishery Management Council established under section 
        302 [16 U.S.C. 1852].
          (8) The term ``economic discards'' means fish which 
        are the target of a fishery, but which are not retained 
        by a fishing vessel because they are of an undesirable 
        size, sex, or quality, or for other economic reasons.
          (9) The term ``essential fish habitat'' means those 
        waters and substrate necessary to fish for spawning, 
        breeding, feeding or growth to maturity.
          [(6)] (10) The term ``exclusive economic zone'' means 
        the zone established by Proclamation Numbered 5030, 
        dated March 10, 1983. For purposes of applying this 
        Act, the inner boundary of that zone is a line 
        coterminous with the seaward boundary of each of the 
        coastal States.
          [(7)] (11) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals, and birds.
          [(8)] (12) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          [(9)] (13) The term ``fishery resource'' means any 
        fishery, any stock of fish, any species of fish, and 
        any habitat of fish.
          [(10)] (14) The term ``fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish;
                  (B) the attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity which can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
          Such term does not include any scientific research 
        activity which is conducted by a scientific research 
        vessel.
          (15) The term ``fishing community'' means a community 
        which is substantially dependent on the harvest of 
        fishery resources to meet social and economic needs, 
        and includes fishing vessel owners, operators and crew 
        and United States fish processors that are based in 
        such community.
          [(11)] (16) The term ``fishing vessel'' means any 
        vessel, boat, ship, or other craft which is used for, 
        equipped to be used for, or of a type which is normally 
        used for--
                  (A) fishing; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of any activity 
                relating to fishing, including, but not limited 
                to, preparation, supply, storage, 
                refrigeration, transportation, or processing.
          [(12)] (17) The term ``foreign fishing'' means 
        fishing by a vessel other than a vessel of the United 
        States.
          [(13)] (18) The term ``high seas'' means all waters 
        beyond the territorial sea of the United States and 
        beyond any foreign nation's territorial sea, to the 
        extent that such sea is recognized by the United 
        States.
          [(14)] (19) The term ``highly migratory species'' 
        means tuna species, marlin (Tetrapturus spp. and 
        Makaira spp.), oceanic sharks, sailfishes (Istiophorus 
        spp.), and swordfish (Xiphias gladius).
          (20) The term ``individual fishing quota'' means a 
        revocable Federal permit under a limited access system 
        to harvest a quantity of fish that is expressed by a 
        unit or units representing a percentage of the total 
        allowable catch of a fishery that may be received or 
        held for exclusive use by a person.
          [(15)] (21) The term ``international fishery 
        agreement'' means any bilateral or multilateral treaty, 
        convention, or agreement which relates to fishing and 
        to which the United States is a party.
          [(16)] (22) 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)] (23) The term ``Marine Fisheries Commission'' 
        means the Atlantic States Marine Fisheries Commission, 
        the Gulf States Marine Fisheries Commission, or the 
        Pacific States Marine Fisheries Commission.
          [(18)] (24) The term ``migratory range'' means the 
        maximum area at a given time of the year within which 
        fish of an anadromous species or stock thereof can be 
        expected to be found, as determined on the basis of 
        scale pattern analysis, tagging studies, or other 
        reliable scientific information, except that the term 
        does not include any part of such area which is in the 
        waters of a foreign nation.
          [(19)] (25) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301 [16 U.S.C. 1851].
          [(20)] (26) The term ``observer'' means any person 
        required or authorized to be carried on a vessel for 
        conservation and management purposes by regulations or 
        permits under this Act.
          [(21) (27) 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.]
          (27) The term ``optimum'', with respect to the yield 
        from a fishery, means the amount of fish which--
                  (A) will provide the greatest overall benefit 
                to the Nation, particularly with respect to 
                food production and recreational opportunities, 
                and taking into account the protection of 
                marine ecosystems;
                  (B) is prescribed on the basis of the maximum 
                sustainable yield from the fishery, as reduced 
                by any relevant social, economic, or ecological 
                factor; and
                  (C) in the case of an overfished fishery, 
                provides for rebuilding to a level consistent 
                with producing the maximum sustainable yield in 
                such fishery.
          (28) The terms ``overfishing'' and ``overfished'' 
        mean a rate or level of fishing mortality that 
        jeopardizes the capacity of a fishery to produce the 
        maximum sustainable yield on a continuing basis.
          (29) The term ``Pacific Insular Area'' means American 
        Samoa, Guam, the Northern Mariana Islands, Baker 
        Island, Howland Island, Jarvis Island, Johnston Atoll, 
        Kingman Reef, Midway Island, Wake Island, or Palmyra 
        Atoll, as applicable, and includes all islands and 
        reefs appurtenant to such island, reef, or atoll.
          [(22)] (30) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (31) The term ``recreational fishing'' means fishing 
        for sport or pleasure.
          (32) 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.
          [(23)] (33) The term ``Secretary'' means the 
        Secretary of Commerce or his designee.
          (34) The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          [(24)] (35) The term ``special areas'' means the 
        areas referred to as eastern special areas in Article 
        3(1) of the Agreement between the United States of 
        America and the Union of Soviet Socialist Republics on 
        the Maritime Boundary, signed June 1, 1990; in 
        particular, the term refers to those areas east of the 
        maritime boundary, as defined in that Agreement, that 
        lie within 200 nautical miles of the baselines from 
        which the breadth of the territorial sea of Russia is 
        measured but beyond 200 nautical miles of the baselines 
        from which the breadth of the territorial sea of the 
        United States is measured.
          [(25)] (36) The term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, the Virgin 
        Islands, Guam, and any other Commonwealth, territory, 
        or possession of the United States.
          [(26)] (37) The term ``stock of fish'' means a 
        species, subspecies, geographical grouping, or other 
        category of fish capable of management as a unit.
          [(27)] (38) The term ``treaty'' means any 
        international fishery agreement which is a treaty 
        within the meaning of section 2 of article II of the 
        Constitution.
          [(28)] (39) The term ``tuna species'' means the 
        following:
                  Albacore Tuna--Thunnus alalunga;
                  Bigeye Tuna--Thunnus obesus;
                  Bluefin Tuna--Thunnus thynnus;
                  Skipjack Tuna--Katsuwonus pelamis; and
                  Yellowfin Tuna--Thunnus albacares.
          [(29)] (40) The term ``United States'', when used in 
        a geographical context, means all the States thereof.
          [(30)] (41) The term ``United States fish 
        processors'' means facilities located within the United 
        States for, and vessels of the United States used or 
        equipped for, the processing of fish for commercial use 
        or consumption.
          [(31)] (42) 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 [16 
        U.S.C. 1851 et seq.] or a preliminary fishery 
        management plan prepared under section 201(h) [16 
        U.S.C. 1821(h)] has been implemented.] regulated under 
        this Act.
          (43) The term ``vessel subject to the jurisdiction of 
        the United States'' has the same meaning such term has 
        in section 3(c) of the Maritime Drug Law Enforcement 
        Act (46 U.S.C. App. 1903(c)).
          [(32)] (44) The term ``vessel of the United States'' 
        means--
                  (A) any vessel documented under chapter 121 
                of title 46 [46 U.S.C. 12101 et seq.], United 
                States Code;
                  (B) any vessel numbered in accordance with 
                chapter 123 of title 46 [46 U.S.C. 12301 et 
                seq.], United States Code, and measuring less 
                than 5 net tons;
                  (C) any vessel numbered in accordance with 
                chapter 123 of title 46 [46 U.S.C. 12301 et 
                seq.], United States Code, and used exclusively 
                for pleasure; or
                  (D) any vessel not equipped with propulsion 
                machinery of any kind and used exclusively for 
                pleasure.
          [(33)] (45) The term ``waters of a foreign nation'' 
        means any part of the territorial sea or exclusive 
        economic zone (or the equivalent) of a foreign nation, 
        to the extent such territorial sea or exclusive 
        economic zone is recognized by the United States.

Sec. 1803. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for the purposes of carrying out the provisions of this Act, 
not to exceed the following sums (of which not less than 10 
percent in each fiscal year shall be used for enforcement 
activities):
          (1) $147,000,000 for fiscal year 1996;
          (2) $151,000,000 for fiscal year 1997;
          (3) $155,000,000 for fiscal year 1998;
          (4) $159,000,000 for fiscal year 1999; and
          (5) $163,000,000 for fiscal year 2000.

UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES

Sec. 1812. Highly migratory species

    The United States shall cooperate directly or through 
appropriate international organizations with those nations 
involved in fisheries for highly migratory species with a view 
to ensuring conservation and [promoting the objective of 
optimum utilization] shall promote the achievement of optimum 
yield of such species throughout their range, both within and 
beyond the exclusive economic zone.

Sec. 1821. 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 subsections (b) or (c) or 
        section 204(e), under a permit issued under section 
        204(d);
          (2) is not prohibited by subsection (g); and
          (3) is conducted under, and in accordance with, a 
        valid and applicable permit issued pursuant to section 
        204 [16 U.S.C. 1824].
    (b) Existing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (subject to the 
provisions of section 202(b) or (c) [16 U.S.C. 1822(b) or (c)], 
if such agreement--
          (1) was in effect on the date of enactment of this 
        Act; and
          (2) has not expired, been renegotiated, or otherwise 
        ceased to be of force and effect with respect to the 
        United States.
                  (c) Governing International Fishery 
                Agreements.--Foreign fishing described in 
                subsection (a) may be conducted pursuant to an 
                international fishery agreement (other than a 
                treaty) which meets the requirements of this 
                subsection if such agreement becomes effective 
                after application of section 203 [16 U.S.C. 
                1823]. Any such international fishery agreement 
                shall hereafter in this Act be referred to as a 
                ``governing international fishery agreement''. 
                Each governing international fishery agreement 
                shall acknowledge the exclusive fishery 
                management authority of the United States, as 
                set forth in this Act. It is the sense of the 
                Congress that each such agreement shall include 
                a binding commitment, on the part of such 
                foreign nation and its fishing vessels, to 
                comply with the following terms and conditions:
          (1) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by all regulations promulgated by the 
        Secretary pursuant to this Act, including any 
        regulations promulgated to implement any applicable 
        fishery management plan or any preliminary fishery 
        management plan.
          (2) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by the requirement that--
                  (A) any officer authorized to enforce the 
                provisions of this Act (as provided for in 
                section 311 [16 U.S.C. 1861]) be permitted--
                          (i) to board, and search or inspect, 
                        any such vessel at any time,
                          (ii) to make arrests and seizures 
                        provided for in section 311(b) [16 
                        U.S.C. 1861(b)] whenever such officer 
                        has reasonable cause to believe, as a 
                        result of such a search or inspection, 
                        that any such vessel or any person has 
                        committed an act prohibited by section 
                        307 [16 U.S.C. 1857], and
                          (iii) to examine and make notations 
                        on the permit issued pursuant to 
                        section 204 [16 U.S.C. 1824] for such 
                        vessel;
                  (B) the permit issued for any such vessel 
                pursuant to section 204 [16 U.S.C. 1824] be 
                prominently displayed in the wheelhouse of such 
                vessel;
                  (C) transponders, or such other appropriate 
                position-fixing and identification equipment as 
                the Secretary of the department in which the 
                Coast Guard is operating determines to be 
                appropriate, be installed and maintained in 
                working order on each such vessel;
                  (D) United States observers required under 
                subsection (i) be permitted to be stationed 
                aboard any such vessel and that all of the 
                costs incurred incident to such stationing, 
                including the costs of data editing and entry 
                and observer monitoring, be paid for, in 
                accordance with such subsection, by the owner 
                or operator of the vessel;
                  (E) any fees required under section 
                204(b)(10) [16 U.S.C. 1824(b)(10)] be paid in 
                advance;
                  (F) agents be appointed and maintained within 
                the United States who are authorized to receive 
                and respond to any legal process issued in the 
                United States with respect to such owner or 
                operator; and
                  (G) responsibility be assumed, in accordance 
                with any requirements prescribed by the 
                Secretary, for the reimbursement of United 
                States citizens for any loss of, or damage to, 
                their fishing vessels, fishing gear, or catch 
                which is caused by any fishing vessel of that 
                nation;
and will abide by any other monitoring, compliance, or 
enforcement requirement related to fishery conservation and 
management which is included in such agreement.
          (3) The foreign nation and the owners or operators of 
        all of the fishing vessels of such nation shall not, in 
        any year, harvest an amount of fish which exceeds such 
        nation's allocation of the total allowable level of 
        foreign fishing, as determined under subsection (e).
          (4) The foreign nation will--
                  (A) apply, pursuant to section 204 [16 U.S.C. 
                1824], for any required permits;
                  (B) deliver promptly to the owner or operator 
                of the appropriate fishing vessel any permit 
                which is issued under that section [16 U.S.C. 
                1824] for such vessel;
                  (C) abide by, and take appropriate steps 
                under its own laws to assure that all such 
                owners and operators comply with, section 
                204(a) [16 U.S.C. 1824(a)] and the applicable 
                conditions and restrictions established under 
                section 204(b)(7) [16 U.S.C. 1824(b)(7)]; and
                  (D) take, or refrain from taking, as 
                appropriate, actions of the kind referred to in 
                subsection (e)(1) in order to receive favorable 
                allocations under such subsection.
    (d) Total Allowable Level of Foreign Fishing.--The total 
allowable level of foreign fishing, if any, with respect to any 
fishery subject to the exclusive fishery management authority 
of the United States, shall be that portion of the optimum 
yield of such fishery which will not be harvested by vessels of 
the United States, as determined in accordance with this Act.
    (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.
          (B) From the determinations made under subparagraph 
        (A), the Secretary of State shall compute the aggregate 
        of all of the fishery allocations made to each foreign 
        nation.
          (C) The Secretary of State shall initially release to 
        each foreign nation for harvesting up to 50 percent of 
        the allocations aggregate computed for such nation 
        under subparagraph (B), and such release of allocation 
        shall be apportioned by the Secretary of State, in 
        cooperation with the Secretary, among the individual 
        fishery allocations determined for that nation under 
        subparagraph (A). The basis on which each apportionment 
        is made under this subparagraph shall be stated in 
        writing by the Secretary of State.
          (D) After the initial release of fishery allocations 
        under subparagraph (C) to a foreign nation, any 
        subsequent release of an allocation for any fishery to 
        such nation shall only be made--
                  (i) after the lapse of such period of time as 
                may be sufficient for purposes of making the 
                determination required under clause (ii); and
                  (ii) if the Secretary of State and the 
                Secretary, after taking into account the size 
                of the allocation for such fishery and the 
                length and timing of the fishing season, 
                determine in writing that such nation is 
                complying with the purposes and intent of this 
                paragraph with respect to such fishery.
                  If the foreign nation is not determined under 
                clause (ii) to be in such compliance, the 
                Secretary of State shall reduce, in a manner 
                and quantity he considers to be appropriate (I) 
                the remainder of such allocation, or (II) if 
                all of such allocation has been released, the 
                next allocation of such fishery, if any, made 
                to such nation.
                  (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) whether, and to what extent, such 
                        nation imposes tariff barriers or 
                        nontariff barriers on the importation, 
                        or otherwise restricts the market 
                        access, of both United States fish and 
                        fishery products, particularly fish and 
                        fishery products for which the foreign 
                        nation has requested an allocation;
                          (ii) whether, and to what extent, 
                        such nation is cooperating with the 
                        United States in both the advancement 
                        of existing and new opportunities for 
                        fisheries exports from the United 
                        States through the purchase of fishery 
                        products from United States processors, 
                        and the advancement of fisheries trade 
                        through the purchase of fish and 
                        fishery products from United States 
                        fishermen, particularly fish and 
                        fishery products for which the foreign 
                        nation has requested an allocation;
                          (iii) whether, and to what extent, 
                        such nation and the fishing fleets of 
                        such nation have cooperated with the 
                        United States in the enforcement of 
                        United States fishing regulations;
                          (iv) whether, and to what extent, 
                        such nation requires the fish harvested 
                        from the exclusive economic zone or 
                        special areas for its domestic 
                        consumption;
                          (v) whether, and to what extent, such 
                        nation otherwise contributes to, or 
                        fosters the growth of, a sound and 
                        economic United States fishing 
                        industry, including minimizing gear 
                        conflicts with fishing operations of 
                        United States fishermen, and 
                        transferring harvesting or processing 
                        technology which will benefit the 
                        United States fishing industry;
                          (vi) whether, and to what extent, the 
                        fishing vessels of such nation have 
                        traditionally engaged in fishing in 
                        such fishery;
                          (vii) whether, and to what extent, 
                        such nation is cooperating with the 
                        United States in, and making 
                        substantial contributions to, fishery 
                        research and the identification of 
                        fishery resources; and
                          (viii) such other matters as the 
                        Secretary of State, in cooperation with 
                        the Secretary, deems appropriate.
                  (2)(A) For the purposes of this paragraph--
                          (i) The term ``certification'' means 
                        a certification made by the Secretary 
                        that nationals of a foreign country, 
                        directly or indirectly, are conducting 
                        fishing operations or engaging in trade 
                        or taking which diminishes the 
                        effectiveness of the International 
                        Convention for the Regulation of 
                        Whaling. A certification under this 
                        section shall also be deemed a 
                        certification for the purposes of 
                        section 8(a) of the Fishermen's 
                        Protective Act of 1967 (22 U.S.C. 
                        1978(a)).
                          (ii) The term ``remedial period'' 
                        means the 365-day period beginning on 
                        the date on which a certification is 
                        issued with respect to a foreign 
                        country.
                  (B) If the Secretary issues a certification 
                with respect to any foreign country, then each 
                allocation under paragraph (1) that--
                          (i) is in effect for that foreign 
                        country on the date of issuance; or
                          (ii) is not in effect on such date 
                        but would, without regard to this 
                        paragraph, be made to the foreign 
                        country within the remedial period; 
                        shall be reduced by the Secretary of 
                        State, in consultation with the 
                        Secretary, by not less than 50 percent.
                  (C) The following apply for purposes of 
                administering subparagraph (B) with respect to 
                any foreign country:
                          (i) If on the date of certification, 
                        the foreign country has harvested a 
                        portion, but not all, of the quantity 
                        of fish specified under any allocation, 
                        the reduction under subparagraph (B) 
                        for that allocation shall be applied 
                        with respect to the quantity not 
                        harvested as of such date.
                          (ii) If the Secretary notified the 
                        Secretary of State that it is not 
                        likely that the certification of the 
                        foreign country will be terminated 
                        under section 8(d) of the Fishermen's 
                        Protective Act of 1967 [22 U.S.C. 
                        1978(d)] before the close of the period 
                        for which an allocation is applicable 
                        or before the close of the remedial 
                        period (whichever close first occurs) 
                        the Secretary of State, in consultation 
                        with the Secretary, shall reallocate 
                        any portion of any reduction made under 
                        subparagraph (B) among one or more 
                        foreign countries for which no 
                        certification is in effect.
                          (iii) If the certification is 
                        terminated under such section 8(d) [22 
                        U.S.C. 1978(d)] during the remedial 
                        period, the Secretary of State shall 
                        return to the foreign country that 
                        portion of any allocation reduced under 
                        subparagraph (B) that was not 
                        reallocated under clause (ii); unless 
                        the harvesting of the fish covered by 
                        the allocation is otherwise prohibited 
                        under this Act.
                          (iv) The Secretary may refund or 
                        credit, by reason of reduction of any 
                        allocation under this paragraph, any 
                        fee paid under section 204 [16 U.S.C. 
                        1824].
                  (D) If the certification of a foreign country 
                is not terminated under section 8(d) of the 
                Fishermen's Protective Act of 1967 [22 U.S.C. 
                1978(d)] before the close of the last day of 
                the remedial period, the Secretary of State--
                          (i) with respect to any allocation 
                        made to that country and in effect (as 
                        reduced under subparagraph (B)) on such 
                        last day, shall rescind, effective on 
                        and after the day after such last day, 
                        any harvested portion of such 
                        allocation; and
                          (ii) may not thereafter make any 
                        allocation to that country under 
                        paragraph (1) until the certification 
                        is terminated.
    (f) [Repealed]
    (g) Reciprocity.--Foreign fishing shall not be authorized 
for the fishing vessels of any foreign nation unless such 
nation satisfies the Secretary and the Secretary of State that 
such nation extends substantially the same fishing privileges 
to fishing vessels of the United States, if any, as the United 
States extends to foreign fishing vessels.
    (h) Preliminary Fishery Management Plans.--The Secretary, 
when notified by the Secretary of State that any foreign nation 
has submitted an application under section 204(b) [16 U.S.C. 
1824(b)], shall prepare a preliminary fishery management plan 
for any fishery covered by such application if the Secretary 
determines that no fishery management plan for that fishery 
will be prepared and implemented, pursuant to title III [16 
U.S.C. 1851 et seq.], before March 1, 1977. To the extent 
practicable, each such plan--
          (1) shall contain a preliminary description of the 
        fishery and a preliminary determination as to--
                  (A) the optimum yield from such fishery;
                  (B) when appropriate, the capacity and extent 
                to which United States fish processors will 
                process that portion of such optimum yield that 
                will be harvested by vessels of the United 
                States; and
                  (C) the total allowable level of foreign 
                fishing with respect to such fishery;
          (2) shall require each foreign fishing vessel engaged 
        or wishing to engage in such fishery to obtain a permit 
        from the Secretary;
          (3) shall require the submission of pertinent data to 
        the Secretary, with respect to such fishery, as 
        described in section 303(a)(5) [16 U.S.C. 1853(a)(5)]; 
        and
          (4) may, to the extent necessary to prevent 
        irreversible effects from overfishing, with respect to 
        such fishery, contain conservation and management 
        measures applicable to foreign fishing which--
                  (A) are determined to be necessary and 
                appropriate for the conservation and management 
                of such fishery,
                  (B) are consistent with the national 
                standards, the other provisions of this Act, 
                and other applicable law, and
                  (C) are described in section 303(b)(2), (3), 
                (4), (5), and (7) [16 U.S.C. 1853(b)(2)-(5), 
                (7)].
          Each preliminary fishery management plan shall be in 
        effect with respect to foreign fishing for which 
        permits have been issued until a fishery management 
        plan is prepared and implemented, pursuant to title III 
        [16 U.S.C. 1851 et seq.], with respect to such fishery. 
        The Secretary may, in accordance with section 553 of 
        title 5, United States Code, also prepare and 
        promulgate interim regulations with respect to any such 
        preliminary plan. Such regulations shall be in effect 
        until regulations implementing the applicable fishery 
        management plan are promulgated pursuant to section 305 
        [16 U.S.C. 1855].
    (i) Full Observer Coverage Program.--
          (1)(A) Except as provided in paragraph (2), the 
        Secretary shall establish a program under which a 
        United States observer will be stationed aboard each 
        foreign fishing vessel while that vessel is engaged in 
        fishing within the exclusive economic zone or special 
        areas.
          (B) The Secretary shall by regulation prescribe 
        minimum health and safety standards that shall be 
        maintained aboard each foreign fishing vessel with 
        regard to the facilities provided for the quartering 
        of, and the carrying out of observer functions by, 
        United States observers.
          (2) The requirement in paragraph (1) that a United 
        States observer be placed aboard each foreign fishing 
        vessel may be waived by the Secretary if he finds 
        that--
                  (A) in a situation where a fleet of 
                harvesting vessels transfers its catch taken 
                within the exclusive economic zone or special 
                areas to another vessel, aboard which is a 
                United States observer, the stationing of 
                United States observers on only a portion of 
                the harvesting vessel fleet will provide a 
                representative sampling of the by-catch of the 
                fleet that is sufficient for purposes of 
                determining whether the requirements of the 
                applicable management plans for the by-catch 
                species are being complied with;
                  (B) the time during which a foreign fishing 
                vessel will engage in fishing within the 
                exclusive economic zone or special areas will 
                be of such short duration that the placing of a 
                United States observer aboard the vessel would 
                be impractical; or
                          (i) the time during which the vessel 
                        engages in such fishing will be of such 
                        short duration that the placing of a 
                        United States observer aboard the 
                        vessel would be impractical, or
                          (ii) the facilities of the vessel for 
                        the quartering of a United States 
                        observer, or for the carrying out of 
                        observer functions, are so inadequate 
                        or unsafe that the health or safety of 
                        an observer would be jeopardized; or
                  (C) for reasons beyond the control of the 
                Secretary, an observer is not available.
          (3) Observers, while stationed aboard foreign fishing 
        vessels, shall carry out such scientific, compliance 
        monitoring, and other functions as the Secretary deems 
        necessary or appropriate to carry out the purposes of 
        this Act; and shall cooperate in carrying out such 
        other scientific programs relating to the conservation 
        and management of living resources as the Secretary 
        deems appropriate.
          (4) In addition to any fee imposed under section 
        204(b)(10) of this Act [16 U.S.C. 1824(b)(10)] and 
        section 10(e) of the Fishermen's Protective Act of 1967 
        (22 U.S.C. 1980(e)) with respect to foreign fishing for 
        any year after 1980, the Secretary shall impose, with 
        respect to each foreign fishing vessel for which a 
        permit is issued under such section 204 [16 U.S.C. 
        1824], a surcharge in an amount sufficient to cover all 
        the costs of providing a United States observer aboard 
        that vessel. The failure to pay any surcharge imposed 
        under this paragraph shall be treated by the Secretary 
        as a failure to pay the permit fee for such vessel 
        under section 204(b)(10) [16 U.S.C. 1824(b)(10)]. All 
        surcharges collected by the Secretary under this 
        paragraph shall be deposited in the Foreign Fishing 
        Observer Fund established by paragraph (5).
          (5) There is established in the Treasury of the 
        United States the Foreign Fishing Observer Fund. The 
        Fund shall be available to the Secretary as a revolving 
        fund for the purpose of carrying out this subsection. 
        The Fund shall consist of the surcharges deposited into 
        it as required under paragraph (4). All payments made 
        by the Secretary to carry out this subsection shall be 
        paid from the Fund, only to the extent and in the 
        amounts provided for in advance in appropriation Acts. 
        Sums in the Fund which are not currently needed for the 
        purposes of this subsection shall be kept on deposit or 
        invested in obligations of, or guaranteed by, the 
        United States.
          (6) If at any time the requirement set forth in 
        paragraph (1) cannot be met because of insufficient 
        appropriations, the Secretary shall, in implementing a 
        supplementary observer program:
                  (A) certify as observers, for the purposes of 
                this subsection, individuals who are citizens 
                or nationals of the United States and who have 
                the requisite education or experience to carry 
                out the functions referred to in paragraph (3);
                  (B) establish standards of conduct for 
                certified observers equivalent to those 
                applicable to Federal personnel;
                  (C) establish a reasonable schedule of fees 
                that certified observers or their agents shall 
                be paid by the owners and operators of foreign 
                fishing vessels for observer services; and
                  (D) monitor the performance of observers to 
                ensure that it meets the purposes of this Act.
    (j) Recreational Fishing.--Notwithstanding any other 
provision of this title [16 U.S.C. 1821 et seq.], foreign 
fishing vessels which are not operated for profit may engage in 
recreational fishing within the exclusive economic zone, 
special areas, and the waters within the boundaries of a State 
subject to obtaining such permits, paying such reasonable fees, 
and complying with such conditions and restrictions as the 
Secretary and the Governor of the State (or his designee) shall 
impose as being necessary or appropriate to insure that the 
fishing activity of such foreign vessels within such zone, 
areas, or waters, respectively, is consistent with all 
applicable Federal and State laws and any applicable fishery 
management plan implemented under section 305 [16 U.S.C. 1855]. 
The Secretary shall consult with the Secretary of State and the 
Secretary of the Department in which the Coast Guard is 
operating in formulating the conditions and restrictions to be 
applied by the Secretary under the authority of this 
subsection.

Sec. 1822. International fishery agreements

    (a) Negotiations.--The Secretary of State--
          (1) shall renegotiate treaties as provided for in 
        subsection (b);
          (2) shall negotiate governing international fishery 
        agreements described in section 201(c) [16 U.S.C. 
        1821(c)];
          (3) may negotiate boundary agreements as provided for 
        in subsection (d);
          (4) shall, upon the request of and in cooperation 
        with the Secretary, initiate and conduct negotiations 
        for the purpose of entering into international fishery 
        agreements--
                  (A) which allow fishing vessels of the United 
                States equitable access to fish over which 
                foreign nations assert exclusive fishery 
                management authority, and
                  (B) which provide for the conservation and 
                management of anadromous species and highly 
                migratory species; and
          (5) may enter into such other negotiations, not 
        prohibited by subsection (c), as may be necessary and 
        appropriate to further the purposes, policy, and 
        provisions of this Act.
    (b) Treaty Renegotiation.--The Secretary of State, in 
cooperation with the Secretary, shall initiate, promptly after 
the date of enactment of this Act, the renegotiation of any 
treaty which pertains to fishing within the exclusive economic 
zone (or within the area that will constitute such zone after 
February 28, 1977) or special areas, or for anadromous species 
or Continental Shelf fishery resources beyond such zone or 
areas, and which is in any manner inconsistent with the 
purposes, policy, or provisions of this Act, in order to 
conform such treaty to such purposes, policy, and provisions. 
It is the sense of Congress that the United States shall 
withdraw from any such treaty, in accordance with its 
provisions, if such treaty is not so renegotiated within a 
reasonable period of time after such date of enactment.
    (c) International Fishery Agreements.--No international 
fishery agreement (other than a treaty) which pertains to 
foreign fishing within the exclusive economic zone (or within 
the area that will constitute such zone after February 28, 
1977) or special areas, or for anadromous species or 
Continental Shelf fishery resources beyond such zone or areas--
          (1) which is in effect on June 1, 1976, may 
        thereafter be renewed, extended, or amended; or
          (2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the 
provisions of section 201(c) [16 U.S.C. 1821(c)] or section 
204(e).
    (d) Boundary Negotiations.--The Secretary of State, in 
cooperation with the Secretary, may initiate and conduct 
negotiations with any adjacent or opposite foreign nation to 
establish the boundaries of the exclusive economic zone of the 
United States in relation to any such nation.
    (e) Highly Migratory Species Agreements.--
          (1) Evaluation.--The Secretary of State, in 
        cooperation with the Secretary, shall evaluate the 
        effectiveness of each existing international fishery 
        agreement which pertains to fishing for highly 
        migratory species. Such evaluation shall consider 
        whether the agreement provides for--
                  (A) the collection and analysis of necessary 
                information for effectively managing the 
                fishery, including but not limited to 
                information about the number of vessels 
                involved, the type and quantity of fishing gear 
                used, the species of fish involved and their 
                location, the catch and bycatch levels in the 
                fishery, and the present and probable future 
                condition of any stock of fish involved;
                  (B) the establishment of measures applicable 
                to the fishery which are necessary and 
                appropriate for the conservation and management 
                of the fishery resource involved;
                  (C) equitable arrangements which provide 
                fishing vessels of the United States with (i) 
                access to the highly migratory species that are 
                the subject of the agreement and (ii) a portion 
                of the allowable catch that reflects the 
                traditional participation by such vessels in 
                the fishery;
                  (D) effective enforcement of conservation and 
                management measures and access arrangements 
                throughout the area of jurisdiction; and
                  (E) sufficient and dependable funding to 
                implement the provisions of the agreement, 
                based on reasonable assessments of the benefits 
                derived by participating nations.
          (2) Access negotiations.--The Secretary of State, in 
        cooperation with the Secretary, shall initiate 
        negotiations with respect to obtaining access for 
        vessels of the United States fishing for tuna species 
        within the exclusive economic zones of other nations on 
        reasonable terms and conditions.
          (3) Reports.--The Secretary of State shall report to 
        the Congress--
                  (A) within 12 months after the date of 
                enactment of this subsection, on the results of 
                the evaluation required under paragraph (1), 
                together with recommendations for addressing 
                any inadequacies identified; and
                  (B) within six months after such date of 
                enactment, on the results of the access 
                negotiations required under paragraph (2).
          (4) Negotiation.--The Secretary of State, in 
        consultation with the Secretary, shall undertake such 
        negotiations with respect to international fishery 
        agreements on highly migratory species as are necessary 
        to correct inadequacies identified as a result of the 
        evaluation conducted under paragraph (1).
          (5) South pacific tuna treaty.--It is the sense of 
        the Congress that the United States Government shall, 
        at the earliest opportunity, begin negotiations for the 
        purpose of extending the Treaty on Fisheries Between 
        the Governments of Certain Pacific Island States and 
        the Government of the United States of America, signed 
        at Port Moresby, Papua, New Guinea, April 2, 1987, and 
        it [its] Annexes, Schedules, and implementing 
        agreements for an additional term of 10 years on terms 
        and conditions at least as favorable to vessels of the 
        United States and the United States Government.
    (f) Nonrecognition.--It is the sense of the Congress that 
the United States Government shall not recognize the claim of 
any foreign nation to an exclusive economic zone (or the 
equivalent) beyond such nation's territorial sea, to the extent 
that such sea is recognized by the United States, if such 
nation--
          (1) fails to consider and take into account 
        traditional fishing activity of fishing vessels of the 
        United States;
          (2) fails to recognize and accept that highly 
        migratory species are to be managed by applicable 
        international fishery agreements, whether or not such 
        nation is a party to any such agreement; or
          (3) imposes on fishing vessels of the United States 
        any conditions or restrictions which are unrelated to 
        fishery conservation and management.
    (g) Fishery Agreement With Union of Soviet Socialist 
Republics.
          (1) The Secretary of State, in consultation with the 
        Secretary, is authorized to negotiate and conclude a 
        fishery agreement with Russia of a duration of no more 
        than 3 years, pursuant to which--
                  (A) Russia will give United States fishing 
                vessels the opportunity to conduct traditional 
                fisheries within waters claimed by the United 
                States prior to the conclusion of the Agreement 
                between the United States of America and the 
                Union of Soviet Socialist Republics on the 
                Maritime Boundary, signed June 1, 1990, west of 
                the maritime boundary, including the western 
                special area described in Article 3(2) of the 
                Agreement;
                  (B) the United States will give fishing 
                vessels of Russia the opportunity to conduct 
                traditional fisheries within waters claimed by 
                the Union of Soviet Socialist Republics prior 
                to the conclusion of the Agreement referred to 
                in subparagraph (A), east of the Maritime 
                Boundary, including the eastern special areas 
                described in Article 3(1) of the Agreement;
                  (C) catch data shall be made available to the 
                government of the country exercising fisheries 
                jurisdiction over the waters in which the catch 
                occurred; and
                  (D) each country shall have the right to 
                place observers on board vessels of the other 
                country and to board and inspect such vessels.
          (2) Vessels operating under a fishery agreement 
        negotiated and concluded pursuant to paragraph (1) 
        shall be subject to regulations and permit requirements 
        of the country in whose waters the fisheries are 
        conducted only to the extent such regulations and 
        permit requirements are specified in that agreement.
          (3) The Secretary of Commerce may promulgate such 
        regulations, in accordance with section 553 of title 5, 
        United States Code, as may be necessary to carry out 
        the provisions of any fishery agreement negotiated and 
        concluded pursuant to paragraph (1).
    (h) Bycatch Reduction Agreements.--(1) The Secretary of 
State, in cooperation with the Secretary, shall seek to secure 
an international agreement to establish standards and measures 
for bycatch reduction that are comparable to the standards and 
measures applicable to United States fishermen for such 
purposes in any fishery regulated pursuant to this Act for 
which the Secretary, in consultation with the Secretary of 
State, determines that such an international agreement is 
necessary and appropriate.
  (2) An international agreement negotiated under this 
subsection shall be--
          (A) consistent with the policies and purposes of this 
        Act; and
          (B) approved by Congress in the manner established in 
        section 203 for approval of a governing international 
        fishery agreement.
    (3) Not later than January 1, 1997, and annually 
thereafter, the Secretary, in consultation with the Secretary 
of State, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Resources 
of the House of Representatives a report describing actions 
taken under this subsection and section 205(a)(5).

Sec.  1823. 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 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, 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) Rules of the house of representatives and 
        senate.--The provisions of this section are enacted by 
        the Congress--
                  (A) as an exercise of the rulemaking power of 
                the House of Representatives and the Senate, 
                respectively, and they are deemed a part of the 
                rules of each House, respectively, but 
                applicable only with respect to the procedure 
                to be followed in that House in the case of 
                fishery agreement resolutions described in 
                paragraph (2), and they supersede other rules 
                only to the extent that they are inconsistent 
                therewith; and
                  (B) with full recognition of the 
                constitutional right of either House to change 
                the rules (so far as they relate to the 
                procedure of that House) at any time, and in 
                the same manner and to the same extent as in 
                the case of any other rule of that House.
          (2) ``Fishery agreement resolution'' defined.--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 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.
          (3) Placement on calendar.--Any fishery agreement 
        resolution upon being reported shall immediately be 
        placed on the appropriate calendar.
          (4) Floor consideration in the house.--
                  (A) A motion in the House of Representatives 
                to proceed to the consideration of any fishery 
                agreement resolution shall be highly privileged 
                and not debatable. An amendment to the motion 
                shall not be in order, nor shall it be in order 
                to move to reconsider the vote by which the 
                motion is agreed to or disagreed to.
                  (B) Debate in the House of Representatives on 
                any fishery agreement resolution shall be 
                limited to not more than 10 hours, which shall 
                be divided equally between those favoring and 
                those opposing the resolution. A motion further 
                to limit debate shall not be debatable. It 
                shall not be in order to move to recommit any 
                fishery agreement resolution or to move to 
                reconsider the vote by which any fishery 
                agreement resolution is agreed to or disagreed 
                to.
                  (C) Motions to postpone, made in the House of 
                Representatives with respect to the 
                consideration of any fishery agreement 
                resolution, and motions to proceed to the 
                consideration of other business, shall be 
                decided without debate.
                  (D) All appeals from the decisions of the 
                Chair relating to the application of the Rules 
                of the House of Representatives to the 
                procedure relating to any fishery agreement 
                resolution shall be decided without debate.
                  (E) Except to the extent specifically 
                provided in the preceding provisions of this 
                subsection, consideration of any fishery 
                agreement resolution shall be governed by the 
                Rules of the House of Representatives 
                applicable to other bills and resolutions in 
                similar circumstances.
          (5) Floor consideration in the senate.--
                  (A) A motion in the Senate to proceed to the 
                consideration of any fishery agreement 
                resolution shall be privileged and not 
                debatable. An amendment to the motion shall not 
                be in order, nor shall it be in order to move 
                to reconsider the vote by which the motion is 
                agreed to or disagreed to.
                  (B) Debate in the Senate on any fishery 
                agreement resolution and on all debatable 
                motions and appeals in connection therewith 
                shall be limited to not more than 10 hours. The 
                time shall be equally divided between, and 
                controlled by, the majority leader and the 
                minority leader or their designees.
                  (C) Debate in the Senate on any debatable 
                motion or appeal in connection with any fishery 
                agreement resolution shall be limited to not 
                more than 1 hour, to be equally divided 
                between, and controlled by, the mover of the 
                motion or appeal and the manager of the 
                resolution, except that if the manager of the 
                resolution is in favor of any such motion or 
                appeal, the time in opposition thereto shall be 
                controlled by the minority leader or his 
                designee. The majority leader and the minority 
                leader, or either of them, may allot additional 
                time to any Senator during the consideration of 
                any debatable motion or appeal, from time under 
                their control with respect to the applicable 
                fishery agreement resolution.
                  (D) A motion in the Senate to further limit 
                debate is not debatable.--A motion to recommit 
                any fishery agreement resolution is not in 
                order.

Sec. 1824. Permits for foreign fishing

    (a) In General.--After February 28, 1977, no foreign 
fishing vessel shall engage in fishing 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 vessel has on board a valid permit issued 
under this section for such vessel.
    (b) Applications and Permits under Governing International 
Fishery Agreements.--
          (1) Eligibility.--Each foreign nation with which the 
        United States has entered into a governing 
        international fishery agreement shall submit an 
        application to the Secretary of State each year for a 
        permit for each of its fishing vessels that wishes to 
        engage in fishing described in subsection (a). No 
        permit issued under this section may be valid for 
        longer than a year; and section 558(c) of title 5, 
        United States Code, does not apply to the renewal of 
        any such permit.
          (2) Forms.--The Secretary, in consultation with the 
        Secretary of State and the Secretary of the department 
        in which the Coast Guard is operating, shall prescribe 
        the forms for permit applications submitted under this 
        subsection and for permits issued pursuant to any such 
        application.
          (3) Contents.--Any application made under this 
        subsection shall specify--
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof;
                  (B) the tonnage, hold capacity, speed, 
                processing equipment, type and quantity of 
                fishing gear, and such other pertinent 
                information with respect to characteristics of 
                each such vessel as the Secretary may require;
                  (C) each fishery in which each such vessel 
                wishes to fish;
                  (D) the estimated amount of tonnage of fish 
                which will be caught, taken, or harvested in 
                each such fishery by each such vessel during 
                the time the permit is in force;
                  (E) the amount or tonnage of United States 
                harvested fish, if any, which each such vessel 
                proposes to receive at sea from vessels of the 
                United States;
                  (F) the ocean area in which, and the season 
                or period during which, such fishing will be 
                conducted; and
                  (G) all applicable vessel safety standards 
                imposed by the foreign country,and shall 
                include written certification that the vessel 
                is in compliance with those standards;
          and shall include any other pertinent information and 
        material which the Secretary may require.
          (4) Transmittal for action.--Upon receipt of any 
        application which complies with the requirements of 
        paragraph (3), the Secretary of State shall publish a 
        notice of receipt of the application in the Federal 
        Register. Any such notice shall summarize the contents 
        of the applications from each nation included therein 
        with respect to the matters described in paragraph (3). 
        The Secretary of State shall promptly transmit--
                  (A) such application, together with his 
                comments and recommendations thereon, to the 
                Secretary;
                  (B) a copy of the application to the 
                Secretary of the department in which the Coast 
                Guard is operating; and
                  (C) a copy or a summary of the application to 
                the appropriate Council.
          (5) Action by council.--After receiving a copy or 
        summary of an application under paragraph (4)(C), the 
        Council may prepare and submit to the Secretary such 
        written comments on the application as it deems 
        appropriate. Such comments shall be submitted within 45 
        days after the date on which the application is 
        received by the Council and may include recommendations 
        with respect to approval of the application and, if 
        approval is recommended, with respect to appropriate 
        conditions and restrictions thereon. Any interested 
        person may submit comments to such Council with respect 
        to any such application. The Council shall consider any 
        such comments in formulating its submission to the 
        Secretary.
          (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), 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.
                  (B)(i) In the case of any application which 
                specifies that one or more foreign fishing 
                vessels propose to receive at sea United States 
                harvested fish from vessels of the United 
                States, the Secretary may approve the 
                application unless the Secretary determines, on 
                the basis of the views, recommendations, and 
                comments referred to in subparagraph (A) and 
                other pertinent information, that United States 
                fish processors have adequate capacity, and 
                will utilize such capacity, to process all 
                United States harvested fish from the fishery 
                concerned.
                  (ii) The amount or tonnage of United States 
                harvested fish which may be received at sea 
                during any year by foreign fishing vessels 
                under permits approved under this paragraph may 
                not exceed that portion of the optimum yield of 
                the fishery concerned which will not be 
                utilized by United States fish processors.
                  (iii) In deciding whether to approve any 
                application under this subparagraph,the 
                Secretary may take into account, with respect 
                to the foreign nation concerned, such other 
                matters as the Secretary deems appropriate.
          (7) Establishment of conditions and restrictions.--
        The Secretary shall establish conditions and 
        restrictions which shall be included in each permit 
        issued pursuant to any application approved under 
        paragraph (6) and which must be complied with by the 
        owner or operator of the fishing vessel for which the 
        permit is issued. Such conditions and restrictions 
        shall include the following:
                  (A) All of the requirements of any applicable 
                fishery management plan, or preliminary fishery 
                management plan, and the regulations 
                promulgated to implement any such plan.
                  (B) The requirement that no permit may be 
                used by any vessel other than the fishing 
                vessel for which it is issued.
                  (C) The requirements described in section 
                201(c)(1), (2), and (3) [16 U.S.C. 1821(c)(1), 
                (2), and (3)].
                  (D) If the permit is issued other than 
                pursuant to an application approved under 
                paragraph (6)(B), the restriction that the 
                foreign fishing vessel may not receive at sea 
                United States harvested fish from vessels of 
                the United States.
                  (E) If the permit is issued pursuant to an 
                application approved under paragraph (6)(B), 
                the maximum amount or tonnage of United States 
                harvested fish which may be received at sea 
                from vessels of the United States.
                  (F) Any other condition and restriction 
                related to fishery conservation and management 
                which the Secretary prescribes as necessary and 
                appropriate.
          (8) Notice of approval.--The Secretary shall promptly 
        transmit a copy of each application approved under 
        paragraph (6) and the conditions and restrictions 
        established under paragraph (7) to--
                  (A) the Secretary of State for transmittal to 
                the foreign nation involved;
                  (B) the Secretary of the department in which 
                the Coast Guard is operating; and
                  (C) any Council which has authority over any 
                fishery specified in such application.
          (9) Disapproval of applications.--If the Secretary 
        does not approve any application submitted by a foreign 
        nation under this subsection, he shall promptly inform 
        the Secretary of State of the disapproval and his 
        reasons therefore. The Secretary of State shall notify 
        such foreign nation of the disapproval and the reasons 
        therefor. Such foreign nation, after taking into 
        consideration the reasons for disapproval, may submit a 
        revised application under this subsection.
          (10) Fees.--
                  (A) Fees shall be paid to the Secretary by 
                the owner or operator of any foreign fishing 
                vessel for which a permit has been issued 
                pursuant to this section. The Secretary, in 
                consultation with the Secretary of State, shall 
                establish a schedule of reasonable fees that 
                shall apply nondiscriminatorily to each foreign 
                nation.
                  (B) Amounts collected by the Secretary under 
                this paragraph shall be deposited in the 
                general fund of the Treasury.
          (11) Issuance of permits.--If a foreign nation 
        notifies the Secretary of State of its acceptance of 
        the conditions and restrictions established by the 
        Secretary under paragraph (7), the Secretary of State 
        shall promptly transmit such notification to the 
        Secretary. Upon payment of the applicable fees 
        established pursuant to paragraph (10), the Secretary 
        shall thereupon issue to such foreign nation, through 
        the Secretary of State, permits for the appropriate 
        fishing vessels of that nation. Each permit shall 
        contain a statement of all conditions and restrictions 
        established under paragraph (7) which apply to the 
        fishing vessel for which the permit is issued.
          (12) [Repealed]
    (c) Registration Permits.--The Secretary of State, in 
cooperation with the Secretary, shall issue annually a 
registration permit for each fishing vessel of a foreign nation 
which is a party to an international fishery agreement under 
which foreign fishing is authorized by section 201(b) [16 
U.S.C. 1821(b)] and which wishes to engage in fishing described 
in subsection (a). Each such permit shall set forth the terms 
and conditions contained in the agreement that apply with 
respect to such fishing, and shall include the additional 
requirement that the owner or operator of the fishing vessel 
for which the permit is issued shall prominently display such 
permit in the wheelhouse of such vessel and show it,upon 
request, to any officer authorized to enforce the provisions of 
this Act(as provided for in section 311 [16 U.S.C. 1861]). The 
Secretary of State, after consultation with the Secretary and 
the Secretary of the department in which the Coast Guard is 
operating, shall prescribe the form and manner in which 
applications for registration permits may be made, and the 
forms of such permits. The Secretary of State may establish, 
require the payment of, and collect fees for registration 
permits; except that the level of such fees shall not exceed 
the administrative costs incurred by him in issuing such 
permits.
    (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, with the concurrence of the appropriate 
        Council, 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 
        therefore.
          (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.
    (e) Pacific Insular Areas.--
          (1) At the request of and with the concurrence of the 
        Governor of the applicable Pacific Insular Area, the 
        Secretary of State in concurrence with the Secretary of 
        Commerce, and the Western Pacific Council, may 
        negotiate and enter into a Pacific Insular Area Fishery 
        Agreement (hereinafter in this subsection referred to 
        as an Pacific Fishery Agreement'') to authorize foreign 
        fishing within the exclusive economic zone adjacent to 
        such Pacific Insular Area.
          (2) In the case of a Pacific Insular Area other than 
        American Samoa, Guam, or the Northern Mariana Islands, 
        the Secretary of State, with the concurrence of the 
        Secretary of Commerce and the Western Pacific Council, 
        may negotiate and enter into a Pacific Fishery 
        Agreement to authorize foreign fishing within the 
        exclusive economic zone adjacent to such an area.
          (3) In the case of American Samoa, Guam, or the 
        Northern Mariana Islands, the Secretary of State shall 
        not negotiate a Pacific Fishery Agreement to authorize 
        foreign fishing within the exclusive economic zone 
        adjacent to such a Pacific Insular Area without 
        consultation with and the concurrence of the Governor 
        of the applicable Pacific Insular Area.
          (4) A Pacific Fishery Agreement shall not be 
        considered to supersede any governing international 
        fishery agreement currently in effect under this Act, 
        but shall provide an alternative basis for the conduct 
        of foreign fishing within the exclusive economic zone 
        adjacent to Pacific Insular Areas.
          (5) A Pacific Fishery Agreement shall not be entered 
        into if it is determined by the Governor of the 
        appropriate Pacific Insular Area, the Secretary, or the 
        Western Pacific Council that such an agreement will 
        adversely affect the fishing activities of the 
        indigenous peoples of such Pacific Insular Area.
          (6) Foreign fishing authorized under a Pacific 
        Fishery Agreement shall conform to the terms of such 
        agreement establishing the conditions under which a 
        permit is issued and held valid. These terms, at a 
        minimum, shall require that a Pacific Fishery Agreement 
        include provisions for a Western Pacific based observer 
        program, annual determination of the quantity of fish 
        that may be harvested, annual determination of fees, 
        data collection and reporting systems, research plans, 
        and monitoring and enforcement tools such as the Vessel 
        Monitoring System (VMS) to ensure effective compliance 
        with the provisions of the Pacific Fishery Agreement 
        and any other terms and conditions deemed appropriate 
        by the Secretary of State, in consultation with the 
        Secretary, the Governor of the appropriate Pacific 
        Insular Area, and the Western Pacific Council.
          (7) The Secretary of State may not negotiate a 
        Pacific Fishery Agreement with a country that is in 
        violation of a governing international fishery 
        agreement in effect under this Act.
          (8) A Pacific Fishery Agreement shall be valid for a 
        period not to exceed three years and shall become 
        effective according to the procedure of section 203 of 
        this Act.
          (9) Foreign Fishing under a Pacific Fishery Agreement 
        shall not be subject to sections 201(d) through (f) and 
        section 201(i) of this Act.
          (10) Prior to entering into a Pacific Fishery 
        Agreement, the Western Pacific Council or the 
        appropriate Governor shall develop a three year plan 
        detailing uses for funds to be collected by the 
        Secretary pursuant to such agreement. Such plan shall 
        include conservation goals and guidelines and 
        prioritize planned conservation and management 
        projects. In the case of American Samoa, Guam, and the 
        Northern Mariana Islands, the appropriate Governor 
        shall develop such a plan in consultation with the 
        Western Pacific Council. In the case of other Pacific 
        Insular Areas, the Western Pacific Council shall 
        develop such a plan in consultation with the Secretary. 
        If a Governor or the Western Pacific Council intends to 
        renew a Pacific Fishery Agreement, a subsequent three-
        year plan shall be developed at the end of the second 
        year of the existing three year plan.
          (11) Fees established pursuant to a Pacific Fishery 
        Agreement shall be paid to the Secretary by the owner 
        or operator of any foreign fishing vessel for which a 
        permit has been issued pursuant to this section. The 
        prescription of such fees is not subject to 31 U.S.C. 
        9701. The amount of fees may exceed administrative 
        costs and shall be reasonable, fair, and equitable to 
        all participants in the fisheries.
          (12) Amounts collected by the Secretary from a 
        Pacific Fishery Agreement for American Samoa, Guam, or 
        the Northern Mariana Islands shall be deposited into 
        the United States Treasury and then covered over to the 
        Treasury of the Pacific Insular Area for which those 
        funds were collected. After the transfer of such funds, 
        the Governor of each appropriate Pacific Insular Area 
        shall compensate:
                  (A) the Western Pacific Council for mutually 
                agreed upon administrative costs incurred 
                relating to any Pacific Fishery Agreement of 
                the respective Pacific Insular Area; and
                  (B) the Secretary of State for mutually 
                agreed upon travel expenses for no more than 
                two federal representatives incurred as a 
                direct result of complying with section 
                204(e)(1).
          (13) There is established in the United States 
        Treasury a Western Pacific Sustainable Fisheries Fund 
        into which amounts collected by the Secretary from a 
        Pacific Fisheries Agreement in any Pacific Insular Area 
        other than American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited. The Fund shall be 
        made available, without appropriation or fiscal year 
        limitation, by the Secretary to the Western Pacific 
        Council, for the purpose of carrying out the provisions 
        of this section.
          (14) Amounts used from this Fund to carry out the 
        provisions of this section shall not diminish other 
        funding received by the Western Pacific Council for the 
        purpose of carrying out activities within the Western 
        Pacific Council's mandate other than Pacific Fisheries 
        Agreements.
          (15) Amounts generated by Pacific Fishery Agreements 
        in American Samoa, Guam, or the Northern Mariana 
        Islands shall be used for purposes, as described in a 
        three year conservation and management plan developed 
        under paragraph (10), that have been determined by the 
        Governors of the respective Pacific Insular Areas in 
        consultation with the Western Pacific Council to 
        contribute to fishery conservation and management in 
        the respective Pacific Insular Area.
          (16) The Western Pacific Sustainable Fisheries Fund, 
        shall be made available by the Secretary to the Western 
        Pacific Council for purposes, as described in the three 
        year conservation and management plan, that have been 
        determined by the Western Pacific Council in 
        consultation with the Secretary to contribute to 
        fishery and conservation management in the Western 
        Pacific Region. Travel costs of no more than two 
        federal representatives, incurred by the Secretary of 
        State as a direct result of complying with section 
        204(e)(2) shall be reimbursed from the Western Pacific 
        Sustainable Fisheries Fund.
          (17) ``Fishery conservation and management'' as used 
        in paragraphs (14) and (15) includes but is not limited 
        to:
                  (A) An approved Western Pacific based 
                observer program to be operated by the 
                Secretary, subject to the approval of the 
                Western Pacific Council, and in consultation 
                with the Governor of the relevant Pacific 
                Insular Area;
                  (B) Marine and fisheries research, including 
                but not limited to: data collection, analysis, 
                evaluation, and reporting;
                  (C) Conservation, education, and enforcement, 
                including but not limited to: living marine 
                resource, habitat monitoring and coastal 
                studies;
                  (D) Grants to the University of Hawaii for 
                technical assistance projects in the US Pacific 
                Insular Areas and the Freely Associated States 
                including but not limited to: Education and 
                training in the development and implementation 
                of sustainable marine resources development 
                projects, scientific research, data collection 
                and analysis, and conservation strategies;
                  (E) Western Pacific Community-Based 
                Demonstration Projects to foster and promote 
                the management, conservation, and economic 
                enhancement of the indigenous, traditional 
                fishery practices of Western Pacific 
                Communities.
          (18) Monies collected by the Secretary from a Pacific 
        Fishery Agreement for a Pacific Insular Area may be 
        allocated for other marine and coastal related uses by 
        the government of each Pacific Insular Area or in the 
        case of Pacific Insular Areas other than American 
        Samoa, Guam, and the Northern Mariana Islands by the 
        Western Pacific Council only after the costs of uses 
        specified in paragraphs (6) and (17)(A) through (17)(E) 
        under this title and the administrative costs of 
        Pacific Fisheries Agreements have been met. The 
        determination of when conservation and management and 
        administrative costs have been met shall be made, in 
        the case of American Samoa, Guam, and the Northern 
        Mariana Islands by the Governor of the respective 
        Pacific Insular Area with the concurrence of the 
        Western Pacific Council, and in the case of any Pacific 
        Insular Area other than American Samoa, Guam, or the 
        Northern Mariana Islands by the Western Pacific 
        Council.
          (19) The Western Pacific Sustainable Fisheries Fund 
        of the United States Treasury, shall be made available 
        by the Secretary for the purpose of fisheries 
        conservation and management in the State of Hawaii and 
        the Western Pacific Region only after fisheries 
        conservation and management needs in such Pacific 
        Insular Area other than American Samoa, Guam, or the 
        Northern Mariana Islands have been met as determined by 
        the Western Pacific Council in accordance with its 
        operational standards, policies, procedures, and 
        program milestones.
          (20) In the case of American Samoa, Guam, or the 
        Northern Mariana Islands, amounts received by the 
        Secretary which are attributable to fines or penalties 
        imposed under this Act, including such sums collected 
        from the forfeiture and disposition or sale of property 
        seized subject to its authority, will be covered over 
        to the Treasury of the Pacific Island Area adjacent to 
        the exclusive economic zone in which the violation 
        occurred, after payment of direct costs of the 
        enforcement action to other entities involved in such 
        enforcement action. The Governor of the respective 
        Pacific Insular Area may use such monies available 
        under this paragraph for purposes other than fisheries 
        conservation and management. In the case of violations 
        occurring in the exclusive economic zone adjacent to a 
        Pacific Insular Area other than American Samoa, Guam, 
        and the Northern Mariana Islands, amounts received by 
        the Secretary which are attributable to fines or 
        penalties imposed under this Act, including such sums 
        collected from the forfeiture and disposition or sale 
        of property seized subject to its authority, will be 
        covered over to the Western Pacific Sustainable 
        Fisheries Fund of the United States Treasury to be used 
        for conservation and management as described in 
        paragraphs (6) and (17)(A) through (17)(E) or other 
        related marine and coastal projects.

Sec. 1825. Import prohibitions

    (a) Determinations by Secretary of State.--If the Secretary 
of State determines that--
          (1) he has been unable, within a reasonable period of 
        time, to conclude with any foreign nation an 
        international fishery agreement allowing fishing 
        vessels of the United States equitable access to 
        fisheries over which that nation asserts exclusive 
        fishery management authority including fisheries for 
        tuna species, as recognized by the United States, in 
        accordance with fishing activities of such vessels, if 
        any, and under terms not more restrictive than those 
        established under sections 201(c) and (d) [16 U.S.C. 
        1821(c) and (d)] and 204(b)(7) and (10) [16 U.S.C. 
        1824(b)(7) and (10)], because such nation has (A) 
        refused to commence negotiations, or (B) failed to 
        negotiate in good faith;
          (2) any foreign nation is not allowing fishing 
        vessels of the United States to engage in fishing for 
        tuna species in accordance with an applicable 
        international fishery agreement, whether or not such 
        nation is a party thereto;
          (3) any foreign nation is not complying with its 
        obligations under any existing international fishery 
        agreement concerning fishing by fishing vessels of the 
        United States in any fishery over which that nation 
        asserts exclusive fishery management authority; [or]
          (4) any fishing vessel of the United States, while 
        fishing in waters beyond any foreign nation's 
        territorial sea, to the extent that such sea is 
        recognized by the United States, is seized by any 
        foreign nation--
                  (A) in violation of an applicable 
                international fishery agreement;
                  (B) without authorization under an agreement 
                between the United States and such nation; or
                  (C) as a consequence of a claim of 
                jurisdiction which is not recognized by the 
                United States; or
          (5) he has been unable, within a reasonable period of 
        time, to conclude with any foreign nation an 
        international agreement to establish standards and 
        measures for bycatch reduction under section 202(g),
he shall certify such determination to the Secretary of the 
Treasury.
    (b) Prohibitions.--Upon receipt of any certification from 
the Secretary of State under subsection (a), the Secretary of 
the Treasury shall immediately take such action as may be 
necessary and appropriate to prohibit the importation into the 
United States--
          (1) of all fish and fish products from the fishery 
        involved, if any; and
          (2) upon recommendation of the Secretary of State, 
        such other fish or fish products, from any fishery of 
        the foreign nation concerned, which the Secretary of 
        State finds to be appropriate to carry out the purposes 
        of this section.
    (c) Removal of Prohibition.--If the Secretary of State 
finds that the reasons for the imposition of any import 
prohibition under this section no longer prevail, the Secretary 
of State shall notify the Secretary of the Treasury, who shall 
promptly remove such import prohibition.
    (d) Definitions.--As used in this section--
          (1) The term ``fish'' includes any highly migratory 
        species.
          (2) The term ``fish products'' means any article 
        which is produced from or composed of (in whole or in 
        part) any fish.

Sec. 1826. Large-scale driftnet fishing

    (a) Short Title.--This section incorporates and expands 
upon provisions of the Driftnet Impact Monitoring, Assessment, 
and Control Act of 1987 [16 U.S.C. 1822 note] and may be cited 
as the ``Driftnet Act Amendments of 1990''.
    (b) Findings.--The Congress finds that--
          (1) the continued widespread use of large-scale 
        driftnets beyond the exclusive economic zone of any 
        nation is a destructive fishing practice that poses a 
        threat to living marine resources of the world's 
        oceans, including but not limited to the North and 
        South Pacific Ocean and the Bering Sea;
          (2) the use of large-scale driftnets is expanding 
        into new regions of the world's oceans, including the 
        Atlantic Ocean and Caribbean Sea;
          (3) there is a pressing need for detailed and 
        reliable information on the number of seabirds, sea 
        turtles, nontarget fish, and marine mammals that become 
        entangled and die in actively fished large-scale 
        driftnets and in large-scale driftnets that are lost, 
        abandoned, or discarded;
          (4) increased efforts, including reliable observer 
        data and enforcement mechanisms, are needed to monitor, 
        assess, control, and reduce the adverse impact of 
        large-scale driftnet fishing on living marine 
        resources;
          (5) the nations of the world have agreed in the 
        United Nations, through General Assembly Resolution 
        Numbered 44-225, approved December 22, 1989, by the 
        General Assembly, that a moratorium should be imposed 
        by June 30, 1992, on the use of large-scale driftnets 
        beyond the exclusive economic zone of any nation;
          (6) the nations of the South Pacific have agreed to a 
        moratorium on the use of large-scale driftnets in the 
        South Pacific through the Convention for the 
        Prohibition of Fishing with Long Driftnets in the South 
        Pacific, which was agreed to in Wellington, New 
        Zealand, on November 29, 1989; and
          (7) increasing population pressures and new knowledge 
        of the importance of living marine resources to the 
        health of the global ecosystem demand that greater 
        responsibility be exercised by persons fishing or 
        developing new fisheries beyond the exclusive economic 
        zone of any nation.
    (c) Policy.--It is declared to be the policy of the 
Congress in this section that the United States should--
          (1) implement the moratorium called for by the United 
        Nations General Assembly in Resolution Numbered 44-225;
          (2) support the Tarawa Declaration and the Wellington 
        Convention for the Prohibition of Fishing with Long 
        Driftnets in the South Pacific; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.
    (d) International Agreements.--The Secretary, through the 
Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, shall seek to secure 
international agreements to implement immediately the findings, 
policy, and provisions of this section, and in particular an 
international ban on large-scale driftnet fishing. The 
Secretary, through the Secretary of State,shall include, in any 
agreement which addresses the taking of living marine resources 
of the United States, provisions to ensure that--
          (1) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, 
        including vessels that may operate independently to 
        develop new fishing areas, which operate beyond the 
        exclusive economic zone of any nation, is included in 
        such agreement;
          (2) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, which 
        operates beyond the exclusive economic zone of any 
        nation, is equipped with satellite transmitters which 
        provide real-time position information accessible to 
        the United States;
          (3) statistically reliable monitoring by the United 
        States is carried out, through the use of on-board 
        observers or through dedicated platforms provided by 
        foreign nations that are parties to the agreement, of 
        all target and nontarget fish species, marine mammals, 
        sea turtles, and sea birds entangled or killed by 
        large-scale driftnets used by fishing vessels of 
        foreign nations that are parties to the agreement;
          (4) officials of the United States have the right to 
        board and inspect for violations of the agreement any 
        large-scale driftnet fishing vessels operating under 
        the flag of a foreign nation that is party to the 
        agreement at any time while such vessel is operating in 
        designated areas beyond the exclusive economic zone of 
        any nation;
          (5) all catch landed or transshipped at sea by large-
        scale driftnet fishing vessels of a foreign nation that 
        is a party to the agreement, and which are operated 
        beyond the exclusive economic zone of any nation, is 
        reliably monitored and documented;
          (6) time and area restrictions are imposed on the use 
        of large-scale driftnets in order to prevent 
        interception of anadromous species;
          (7) all large-scale driftnets used are constructed, 
        insofar as feasible, with biodegradable materials which 
        break into segments that do not represent a threat to 
        living marine resources;
          (8) all large-scale driftnets are marked at 
        appropriate intervals in a manner that conclusively 
        identifies the vessel and flag nation responsible for 
        each such driftnet;
          (9) the taking of nontarget fish species, marine 
        mammals, sea turtles, seabirds, and endangered species 
        or other species protected by international agreements 
        to which the United States is a party is minimized and 
        does not pose a threat to existing fisheries or the 
        long-term health of living marine resources; and
          (10) definitive steps are agreed upon to ensure that 
        parties to the agreement comply with the spirit of 
        other international agreements and resolutions 
        concerning the use of large-scale driftnets beyond the 
        exclusive economic zone of any nation.
    (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)] (3) 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)] (4) 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.
    (f) Certification.--If at any time the Secretary, in 
consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, 
identifies any nation that warrants inclusion in the list 
described under subsection [(e)(6),] (e)(4), the Secretary 
shall certify that fact to the President. Such certification 
shall be deemed to be a certification for the purposes of 
section 8(a) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1978(a)).
    (g) Effect on Sovereign Rights.--This section shall not 
serve or be construed to expand or diminish the sovereign 
rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in this Act or other existing law.
    (h) Definition.--As used in this section, the term ``living 
marine resources'' includes fish, marine mammals, sea turtles, 
and seabirds and other waterfowl.

                  NATIONAL FISHERY MANAGEMENT PROGRAM

Sec. 1851. 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 [16 U.S.C. 1851 et seq.] shall be consistent with 
the following national standards for fishery conservation and 
management.
          (1) Conservation and management measures shall 
        prevent overfishing while achieving, on a continuing 
        basis, the optimum yield from each fishery for the 
        United States fishing industry.
          (2) Conservation and management measures shall be 
        based upon the best scientific information available.
          (3) To the extent practicable, an individual stock of 
        fish shall be managed as a unit throughout its range, 
        and interrelated stocks of fish shall be managed as a 
        unit or in close coordination.
          (4) Conservation and management measures shall not 
        discriminate between residents of different States. If 
        it becomes necessary to allocate or assign fishing 
        privileges among various United States fishermen, such 
        allocation shall be (A) fair and equitable to all such 
        fishermen; (B) reasonably calculated to promote 
        conservation; and (C) carried out in such manner that 
        no particular individual, corporation, or other entity 
        acquires an excessive share of such privileges.
          (5) Conservation and management measures shall, where 
        practicable, [promote] consider efficiency in the 
        utilization of fishery resources; except that no such 
        measure shall have economic allocation as its sole 
        purpose.
          (6) Conservation and management measures shall take 
        into account and allow for variations among, and 
        contingencies in, fisheries, fishery resources, and 
        catches.
          (7) Conservation and management measures shall, where 
        practicable, minimize costs and avoid unnecessary 
        duplication.
          (8) Conservation and management measures shall take 
        into account the importance of the harvest of fishery 
        resources to, minimize, to the extent practicable, 
        adverse economic impacts on, and provide for the 
        sustained participation of, fishing communities; except 
        that no such measure shall have economic allocation as 
        its sole purpose.
          (9) Conservation and management measures shall, to 
        the extent practicable, minimize bycatch and the 
        mortality of bycatch which cannot be avoided.
          (10) Conservation and management measures shall 
        promote the safety of human life at sea.
    (b) Guidelines.--The Secretary shall establish advisory 
guidelines (which shall not have the force and effect of law), 
based on the national standards, to assist in the development 
of fishery management plans.

Sec. 1852. Regional Fishery Management Councils

    (a) Establishment.--(1) There shall be established, within 
120 days after the date of the enactment of this Act, eight 
Regional Fishery Management Councils, as follows:
          [(1)] (A) New england council.--The New England 
        Fishery Management Council shall consist of the States 
        of Maine, New Hampshire, Massachusetts, Rhode Island, 
        and Connecticut and shall have authority over the 
        fisheries in the Atlantic Ocean seaward of such States 
        (except as provided in [section 304(f)(3) [16 U.S.C. 
        1854(f)(3)])] paragraph (3)). The New England Council 
        shall have 17 voting members, including 11 appointed by 
        the Secretary in accordance with subsection (b)(2) (at 
        least one of whom shall be appointed from each such 
        State).
          [(2)] (B) 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 North 
        Carolina and as provided in [section 304(f)(3) [16 
        U.S.C. 1854(f)(3)])] paragraph (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 least one of whom shall be 
        appointed from each such State).
          [(3)] (C) South atlantic council.--The South Atlantic 
        Fishery Management Council shall consist of the States 
        of North Carolina, South Carolina, Georgia, and Florida 
        and shall have authority over the fisheries in the 
        Atlantic Ocean seaward of such States (except as 
        provided in [section 304(f)(3) [16 U.S.C. 1854(f)(3))] 
        paragraph (3)). The South Atlantic Council shall have 
        13 voting members, including 8 appointed by the 
        Secretary in accordance with subsection (b)(2) (at 
        least one of whom shall be appointed from each such 
        State).
          [(4)] (D) Caribbean council.--The Caribbean Fishery 
        Management Council shall consist of the Virgin Islands 
        and the Commonwealth of Puerto Rico and shall have 
        authority over the fisheries in the Caribbean Sea and 
        Atlantic Ocean seaward of such States (except as 
        provided in section [304(f)(3) [16 U.S.C. 1854(f)(3)])] 
        paragraph (3)). The Caribbean Council shall have 7 
        voting members, including 4 appointed by the Secretary 
        in accordance with subsection (b)(2) (at least one of 
        whom shall be appointed from each such State).
          [(5)] (E) Gulf council.--The Gulf of Mexico Fishery 
        Management Council shall consist of the States of 
        Texas, Louisiana, Mississippi, Alabama, and Florida and 
        shall have authority over the fisheries in the Gulf of 
        Mexico seaward of such States (except as provided in 
        [section 304(f)(3) [16 U.S.C. 1854(f)(3)])] paragraph 
        (3)). The Gulf Council shall have 17 voting members, 
        including 11 appointed by the Secretary in accordance 
        with subsection (b)(2) (at least one of whom shall be 
        appointed from each such State).
          [(6) (F) Pacific council.--The Pacific Fishery 
        Management Council shall consist of the States of 
        California, Oregon, Washington, and Idaho and shall 
        have authority over the fisheries in the Pacific Ocean 
        seaward of such States. The Pacific Council shall have 
        13 voting members, including 8 appointed by the 
        Secretary in accordance with subsection (b)(2) (at 
        least one of whom shall be appointed from each such 
        State).]
          (F) Pacific council.--The Pacific Fishery Management 
        Council shall consist of the States of California, 
        Oregon, Washington, and Idaho and shall have authority 
        over the fisheries in the Pacific Ocean seaward of such 
        States. The Pacific Council shall have 14 voting 
        members, including 8 appointed by the Secretary in 
        accordance with subsection (b)(2) (at least one of whom 
        shall be appointed from each such State), and including 
        one appointed from an Indian tribe with Federally 
        recognized fishing rights from California, Oregon, 
        Washington, or Idaho in accordance with subsection 
        (b)(5).
          [(7)] (G) North pacific council.--The North Pacific 
        Fishery Management Council shall consist of the States 
        of Alaska, Washington, and Oregon and shall have 
        authority over the fisheries in the Arctic Ocean, 
        Bering Sea, and Pacific Ocean seaward of Alaska. The 
        North Pacific Council shall have 11 voting members, 
        including 7 appointed by the Secretary in accordance 
        with subsection (b)(2) (5 of whom shall be appointed 
        from the State of Alaska and 2 of whom shall be 
        appointed from the State of Washington).
          [(8)] (H) Western pacific council.--The Western 
        Pacific Fishery Management Council shall consist of the 
        States of Hawaii, American Samoa, Guam, and the 
        Northern Mariana Islands and shall have authority over 
        the fisheries in the Pacific Ocean seaward of such 
        States and of the Commonwealths, territories, and 
        possessions of the United States in the Pacific Ocean 
        area. The Western Pacific Council shall have 13 voting 
        members, including 8 appointed by the Secretary in 
        accordance with subsection (b)(2) (at least one of whom 
        shall be appointed from each of the following States: 
        Hawaii, American Samoa, Guam, and the Northern Mariana 
        Islands).
    (2) Each Council shall reflect the expertise and interest 
of the several constituent States in the ocean area over which 
such Council is granted authority.
    (3) The Secretary shall have authority over any highly 
migratory species fishery that is within the geographical area 
of authority of more than one of the following Councils: New 
England Council, Mid-Atlantic Council, South Atlantic Council, 
Gulf Council, and Caribbean Council.
    (b) Voting Members.--
          (1) The voting members of each Council shall be:
                  (A) The principal State official with marine 
                fishery management responsibility and expertise 
                in each constituent State, who is designated as 
                such by the Governor of the State, so long as 
                the official continues to hold such position, 
                or the designee of such official.
                  (B) The regional director of the National 
                Marine Fisheries Service for the geographic 
                area concerned, or his designee, except that if 
                two such directors are within such geographical 
                area, the Secretary shall designate which of 
                such directors shall be the voting member.
                  (C) The members required to be appointed by 
                the Secretary in accordance with subsection 
                [(b)(2).] paragraphs (2) and (5) of this 
                subsection.
          (2)(A) The members of each Council required to be 
        appointed by the Secretary must be individuals who, by 
        reason of their occupational or other experience, 
        scientific expertise, or training, are knowledgeable 
        regarding the conservation and management, or the 
        commercial or recreational harvest, of the fishery 
        resources of the geographical area concerned. Within 
        nine months after the date of enactment of the Fishery 
        Conservation Amendments of 1990 [enacted Nov. 28, 
        1990], the Secretary shall, by regulation, prescribe 
        criteria for determining whether an individual 
        satisfies the requirements of this subparagraph.
          (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. 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 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) list the fisheries under the jurisdiction 
                of each Council, outlining for each fishery the 
                type and quantity of fish harvested, fishing 
                and processing methods employed, the number of 
                participants, the duration and range of the 
                fishery, and other distinguishing 
                characteristics;
                  (ii) assess the membership of each Council in 
                terms of the apportionment of the active 
                participants in each such fishery; and
                  (iii) state the Secretary's plans and 
                schedule for actions to achieve a fair and 
                balanced apportionment on the Council for the 
                active participants in any such fishery.
          (C) The Secretary shall appoint the members of each 
        Council from a list of individuals submitted by the 
        Governor of each applicable constituent State. A 
        Governor may not submit the names of individuals to the 
        Secretary for appointment unless the Governor has 
        determined that each such individual is qualified under 
        the requirements of subparagraph (A) and unless the 
        Governor has, to the extent practicable, first 
        consulted with representatives of the commercial and 
        recreational fishing interests of the State regarding 
        those individuals. Each such list shall include the 
        names and pertinent biographical data of not less than 
        three individuals for each applicable vacancy and shall 
        be accompanied by a statement by the Governor 
        explaining how each such individual meets the 
        requirements of subparagraph (A). The Secretary shall 
        review each list submitted by a Governor to ascertain 
        if the individuals on the list are qualified for the 
        vacancy on the basis of such requirements. If the 
        Secretary determines that any individual is not 
        qualified, the Secretary shall notify the appropriate 
        Governor of that determination. The Governor shall then 
        submit a revised list or resubmit the original list 
        with an additional explanation of the qualifications of 
        the individual in question. An individual is not 
        eligible for appointment by the Secretary until that 
        individual complies with the applicable financial 
        disclosure requirements under subsection (k).
          (D) Whenever the Secretary makes an appointment to a 
        Council, the Secretary shall make a public announcement 
        of such appointment not less than 45 days before the 
        first day on which the individual is to take office as 
        a member of the Council.
          (3) Each voting member appointed to a Council by the 
        Secretary in accordance with subsection (b)(2) shall 
        serve for a term of 3 years; except that the Secretary 
        may designate a shorter term if necessary to provide 
        for balanced expiration to terms of office. No member 
        appointed after January 1, 1986, may serve more than 
        three full consecutive terms. Any term completed prior 
        to December 31, 1987, shall not be counted in 
        determining the number of consecutive terms served by 
        any Council member.
          (4) Successors to the voting members of any Council 
        shall be appointed in the same manner as the original 
        voting members. Any individual appointed to fill a 
        vacancy occurring prior to the expiration of any term 
        of office shall be appointed for the remainder of that 
        term.
          [(5) The Secretary may remove for cause any member of 
        a Council required to be appointed by the Secretary in 
        accordance with subsection (b)(2) if the Council 
        concerned first recommends removal by not less than 
        two-thirds of the members who are voting members. A 
        removal recommendation of a Council must be in writing 
        and accompanied by a statement of the reasons upon 
        which the recommendation is based.]
          (5)(A) The Secretary shall appoint to the Pacific 
        Fishery Management Council one representative of an 
        Indian tribe with Federally recognized fishing rights 
        from California, Oregon, Washington, or Idaho, from a 
        list of not less than 3 individuals submitted by the 
        tribal governments. The representative shall serve for 
        a term of 3 years and may not serve more than 3 full 
        consecutive terms. The Secretary, in consultation with 
        the Secretary of the Interior and tribal governments, 
        shall establish by regulation the procedure for 
        submitting lists under this subparagraph.
          (B) Representation shall be rotated among the tribes 
        taking into consideration--
                  (i) the qualifications of the individuals on 
                the list referred to in subparagraph (A),
                  (ii) the various treaty rights of the Indian 
                tribes involved and judicial cases that set 
                forth how those rights are to be exercised, and
                  (iii) the geographic area in which the tribe 
                of the representative is located.
          (C) A vacancy occurring prior to the expiration of 
        any term shall be filled in the same manner as set out 
        in subparagraphs (A) and (B), except that the Secretary 
        may use the list from which the vacating representative 
        was chosen.
          (6) The Secretary may remove for cause any member of 
        a Council required to be appointed by the Secretary in 
        accordance with subsection (b)(2) if--
                  (A) the Council concerned first recommends 
                removal by not less than two-thirds of the 
                members who are voting members and submits such 
                removal recommendation to the Secretary in 
                writing together with a statement of the basis 
                for the recommendation; or
                  (B) the member is found by the Secretary, 
                after notice and an opportunity for a hearing 
                in accordance with section 554 of title 5, 
                United States Code, to have committed an act 
                prohibited by section 307(1)(O).
    (c) Nonvoting Members.--
          (1) The nonvoting members of each Council shall be:
                  (A) The regional or area director of the 
                United States Fish and Wildlife Service for the 
                geographical area concerned, or his designee.
                  (B) The commander of the Coast Guard district 
                for the geographical area concerned, or his 
                designee; except that, if two Coast Guard 
                districts are within such geographical area, 
                the commander designated for such purpose by 
                the commandant of the Coast Guard.
                  (C) The executive director of the Marine 
                Fisheries Commission for the geographical area 
                concerned, if any, or his designee.
                  (D) One representative of the Department of 
                State designated for such purpose by the 
                Secretary of State, or his designee.
          (2) The Pacific Council shall have one additional 
        nonvoting member who shall be appointed by, and serve 
        at the pleasure of, the Governor of Alaska.
    (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 the daily rate for GS-15, 
step 7 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) A majority of the voting members of any Council 
        shall constitute a quorum, but one or more such members 
        designated by the Council may hold hearings. All 
        decisions of any Council shall be by majority vote of 
        the voting members present and voting.
          (2) The voting members of each Council shall select a 
        Chairman for such Council from among the voting 
        members.
          (3) Each Council shall meet at appropriate times and 
        places in any of the constituent States of the Council 
        at the call of the Chairman or upon the request of a 
        majority of its voting members.
          (4) If any voting member of a Council disagrees with 
        respect to any matter which is transmitted to the 
        Secretary by such Council, such member may submit a 
        statement to the Secretary setting forth the reasons 
        for such disagreement. The regional director of the 
        National Marine Fisheries Service serving on the 
        Council, or the regional director's designee, shall 
        submit such a statement, which shall be made available 
        to the public upon request, if the regional director 
        disagrees with any such matter.
          (5) At the request of any voting member of a Council, 
        the Council shall hold a roll call vote on any matter 
        before the Council. The official minutes and other 
        appropriate records of any Council meeting shall 
        identify all roll call votes held, the name of each 
        voting member present during each roll call vote, and 
        how each member voted on each roll call vote.
    (f) Staff and Administration.--
          (1) Each Council may appoint, and assign duties to, 
        an executive director and such other full- and part-
        time administrative employees as the Secretary 
        determines are necessary to the performance of its 
        functions.
          (2) Upon the request of any Council, and after 
        consultation with the Secretary, the head of any 
        Federal agency is authorized to detail to such Council, 
        on a reimbursable basis, any of the personnel of such 
        agency, to assist such Council in the performance of 
        its functions under this Act.
          (3) The Secretary shall provide to each Council such 
        administrative and technical support services as are 
        necessary for the effective functioning of such 
        Council.
          (4) The Administrator of General Services shall 
        furnish each Council with such offices, equipment, 
        supplies, and services as he is authorized to furnish 
        to any other agency or instrumentality of the United 
        States.
          (5) The Secretary and the Secretary of State shall 
        furnish each Council with relevant information 
        concerning foreign fishing and international fishery 
        agreements.
          (6) Each Council shall determine its organization, 
        and prescribe its practices and procedures for carrying 
        out its functions under this Act, in accordance with 
        such uniform standards as are prescribed by the 
        Secretary. The procedures of a Council, and of its 
        scientific and statistical committee and advisory 
        panels established under subsection (g), must be 
        consistent with the procedural guidelines set forth in 
        subsection (i)(2). Each Council shall publish and make 
        available to the public a statement of its 
        organization, practices, and procedures.
          (7) The Secretary shall pay--
                  (A) the compensation and expenses provided 
                for in subsection (d);
                  (B) appropriate compensation to employees 
                appointed under paragraph (1);
                  (C) the amounts required for reimbursement of 
                other Federal agencies under paragraphs (2) and 
                (4);
                  (D) the actual expenses of the members of the 
                committees and panels established under 
                subsection (g); and
                  (E) such other costs as the Secretary 
                determines are necessary to the performance of 
                the functions of the Councils.
    (g) Committees and Panels.--
          (1) Each Council shall establish and maintain, and 
        appoint the members of, a scientific and statistical 
        committee to assist it in the development, collection, 
        and evaluation of such statistical, biological, 
        economic, social, and other scientific information as 
        is relevant to such Council's development and amendment 
        of any fishery management plan.
          (2) Each Council shall establish such other advisory 
        panels as are necessary or appropriate to assist it in 
        carrying out its functions under this Act.
          (3)(A) Each Council shall establish and maintain a 
        fishing industry advisory committee which shall provide 
        information and recommendations on, and assist in the 
        development of, fishery management plans and amendments 
        to such plans.
                  (B) Appointments to a committee established 
                under subparagraph (A) shall be made by each 
                Council in such a manner as to provide fair 
                representation to commercial fishing interests 
                in the geographical area of authority of the 
                Council.
          (4) The Secretary shall establish advisory panels to 
        assist in the collection and evaluation of information 
        relevant to the development of any fishery management 
        plan or plan amendment under section 304(g). Each 
        advisory panel shall participate in all aspects of the 
        development of the plan or amendment; be balanced in 
        its representation of commercial, recreational, and 
        other interests; and consist of not less than 7 
        individuals who are knowledgeable about the fishery for 
        which the plan or amendment is developed, selected from 
        among--
                  (A) members of advisory committees and 
                species working groups appointed under Acts 
                implementing relevant international fishery 
                agreements pertaining to highly migratory 
                species; and
                  (B) other interested persons.
          [(4)] (5) Decisions and recommendations made by 
        committees and panels established under this subsection 
        shall be considered to be advisory in nature.
    (h) Functions.--Each Council shall, in accordance with the 
provisions of this Act--
          (1) prepare and submit to the Secretary a fishery 
        management plan with respect to each fishery (except as 
        provided in [section 304(f)(3) [16 U.S.C. 1854(f)(3)])] 
        subsection (a)(3)) within its geographical area of 
        authority that requires conservation and management 
        and, from time to time, such amendments to each such 
        plan as are necessary;
          (2) prepare comments on any application for foreign 
        fishing transmitted to it under [section 204(b)(4)(C) 
        [16 U.S.C. 1824(b)(4)(C)],] section 204(b)(4)(C) or 
        section 204(d), and any fishery management plan or 
        amendment transmitted to it under section 304(c)(2) [16 
        U.S.C. 1854(c)(2)];
          (3) conduct public hearings, at appropriate times and 
        in appropriate locations in the geographical area 
        concerned, so as to allow all interested persons an 
        opportunity to be heard in the development of fishery 
        management plans and amendments to such plans, and with 
        respect to the administration and implementation of the 
        provisions of this Act (and for purposes of this 
        paragraph, the term ``geographical area concerned'' may 
        include an area under the authority of another Council 
        if the fish in the fishery concerned migrate into, or 
        occur in, that area or if the matters being heard 
        affect fishermen of that area; but not unless such 
        other Council is first consulted regarding the conduct 
        of such hearings within its area);
          (4) submit to the Secretary such periodic reports as 
        the Council deems appropriate, and any other relevant 
        report which may be requested by the Secretary;
          (5) review on a continuing basis, and revise as 
        appropriate, the assessments and specifications made 
        pursuant to section 303(a)(3) and (4) [16 U.S.C. 
        1853(a)(3), (4)] with respect to the optimum yield 
        from, the capacity and extent to which United States 
        fish processors will process United States harvested 
        fish from, and the total allowable level of foreign 
        fishing in, each fishery (except as provided in 
        [section 304(f)(3) [16 U.S.C. 1854(f)(3)])] subsection 
        (a)(3)) within its geographical area of authority, and
          (6) conduct any other activities which are required 
        by, or provided for in, this Act or which are necessary 
        and appropriate to the foregoing functions.
    [(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.
          [(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.]
    [(j)] (i) Procedural Matters.--
          (1) The Federal Advisory Committee Act (5 U.S.C. App. 
        1) shall not apply to the Councils or to the scientific 
        and statistical committees or advisory panels [of the 
        Councils.] established under subsection (g).
          (2) The following guidelines 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:] established under 
        subsection (g):
                  (A) Unless closed in accordance with 
                paragraph (3), each regular meeting and each 
                emergency meeting shall be open to the public.
                  (B) Emergency meetings shall be held at the 
                call of the chairman or equivalent presiding 
                officer.
                  (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) 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. The published agenda of 
                the meeting may not be modified without public 
                notice or within 14 days prior to the meeting 
                date.
                  (D) Interested persons shall be permitted to 
                present oral or written statements regarding 
                the matters on the agenda at meetings. All 
                written data submitted to a Council by an 
                interested person shall include a statement of 
                the source and date of such information. Any 
                oral or written statement shall include a brief 
                description of the background and interests of 
                the person in the subject of the oral or 
                written statement.
                  [(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 filed.]
                  (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 
                statements filed. 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.
                  (F) Subject to the procedures established [by 
                the Council] under paragraph (4), and the 
                guidelines prescribed by the Secretary under 
                section [303(d) [16 U.S.C. 1853(d)],] 402(b) 
                relating to confidentiality, the administrative 
                record, including minutes required under 
                subparagraph (E), of each meeting, and records 
                or other documents which were made available to 
                or prepared for or by the Council, committee, 
                or panel incident to the meeting, shall be 
                available for public inspection and copying at 
                a single location in the offices of the Council 
                or the Secretary, as appropriate.
          (3)(A) Each Council, scientific and statistical 
        committee, and advisory panel--
                  (i) shall close any meeting, or portion 
                thereof, that concerns matters or information 
                that bears a national security classification; 
                and
                  (ii) may close any meeting, or portion 
                thereof, that concerns matters or information 
                that pertains to national security, employment 
                matters, or briefings on litigation in which 
                the Council is interested.
          Subparagraphs (D) and (F) of paragraph (2) shall not 
        apply to any meeting or portion thereof that is so 
        closed.
          (B) If any meeting or portion is closed, the Council 
        concerned shall notify local newspapers in the major 
        fishing ports within its region (and in other major, 
        affected fishing ports), including in that notification 
        the time and place of the meeting. This subparagraph 
        does not require notification regarding any brief 
        closure of a portion of a meeting in order to discuss 
        employment or other internal administrative matters.
          (4) Each Council shall establish appropriate 
        procedures applicable to it and to its committee and 
        advisory panels for ensuring the confidentiality of the 
        statistics that may be submitted to it by Federal or 
        State authorities, and may be voluntarily submitted to 
        it by private persons; including, but not limited to, 
        procedures for the restriction of Council employee 
        access and the prevention of conflicts of interest; 
        except that such procedures, in the case of statistics 
        submitted to the Council by a State or by the Secretary 
        under section [303(d) [16 U.S.C. 1853(d)],] 402(b), 
        must be consistent with the laws and regulations of 
        that State, or with the procedures of the Secretary, as 
        the case may be, concerning the confidentiality of the 
        statistics.
          (5) Each Council shall specify those procedures that 
        are necessary or appropriate to ensure that the 
        committees and advisory panels established under 
        subsection (g) are involved, on a continuing basis, in 
        the development and amendment of fishery management 
        plans.
          (6) At any time when a Council determines it 
        appropriate to consider new information from a State or 
        Federal agency or from a Council advisory body, the 
        Council shall give comparable consideration to new 
        information offered at that time by interested members 
        of the public. Interested parties shall have a 
        reasonable opportunity to respond to new data or 
        information before the Council takes final action on 
        conservation and management measures.
    [(k)] (j) 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);
                  [(B) is a voting member of a Council 
                appointed under subsection (b)(2); or
                  [(C) is the executive director of a Council.]
          (1) For the purposes of this subsection--
                  (A) the term ``affected individual'' means an 
                individual who--
                          (i) is nominated by the Governor of a 
                        State for appointment as a voting 
                        member of a Council in accordance with 
                        subsection (b)(2); or
                          (ii) is a voting member of a Council 
                        appointed under subsection (b)(2); and
                  (B) the term ``designated official'' means a 
                person with expertise in Federal conflict-of-
                interest requirements who is designated by the 
                Secretary, with the concurrence of a majority 
                of the voting members of the Council, to attend 
                Council meetings and make determinations under 
                paragraph (7)(B).
          (2) Each affected individual must disclose any 
        financial interest held by--
                  (A) that individual;
                  (B) the spouse, minor child, or partner of 
                that individual; and
                  (C) any organization (other than the Council) 
                in which that individual is serving as an 
                officer, director, trustee, partner, or 
                employee;
          in any harvesting, processing, or marketing activity 
        that is being, or will be, undertaken within any 
        fishery over which the Council concerned has 
        jurisdiction.
          (3) The disclosure required under paragraph (2) shall 
        be made--
                  (A) in the case of an affected individual 
                referred to in paragraph [(1)(A),] (1)(A)(i), 
                before appointment by the Secretary; and
                  (B) in the case of an affected individual 
                referred to in paragraph [(1)(B) or (C),] 
                (1)(A)(ii), within 45 days of taking office.
          (4) An affected individual referred to in paragraph 
        [(1)(B) or (C)] (1)(A)(ii) must update his or her 
        disclosure form at any time any such financial interest 
        is acquired, or substantially changed, by any person 
        referred to in paragraph (2)(A), (B), or (C).
          (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.] offices; and
                  (C) be kept on file by the Secretary for use 
                in reviewing determinations under paragraph 
                (7)(B) and made available for public inspection 
                at reasonable hours.
          (6) The participation by an affected individual 
        referred to in paragraph [(1)(B) or (C)] (1)(A)(ii) 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)(A) After the effective date of regulations 
        promulgated under subparagraph (F) of this paragraph, 
        an affected individual required to disclose a financial 
        interest under paragraph (2) shall not vote on a 
        Council decision which would have a significant and 
        predictable effect on such financial interest. A 
        Council decision shall be considered to have a 
        significant and predictable effect on a financial 
        interest if there is a close causal link between the 
        Council decision and an expected and disproportionate 
        benefit, shared only by a minority of persons within 
        the same fishery and gear type, to the financial 
        interest. An affected individual who may not vote may 
        participate in Council deliberations relating to the 
        decision after notifying the Council of the voting 
        recusal and identifying the financial interest that 
        would be affected.
          (B) At the request of an affected individual, or upon 
        the initiative of the appropriate designated official, 
        the designated official shall make a determination for 
        the record whether a Council decision would have a 
        significant and predictable effect on a financial 
        interest.
          (C) Any Council member may submit a written request 
        to the Secretary to review any determination by the 
        designated official under subparagraph (B) within 10 
        days of such determination. Such review shall be 
        completed within 30 days of receipt of the request.
          (D) Any affected individual who does not vote in a 
        Council decision in accordance with this subsection 
        shall state for the record how he or she would have 
        voted on such decision if he or she had voted.
          (E) If the Council makes a decision before the 
        Secretary has reviewed a determination under 
        subparagraph (C), the eventual ruling may not be 
        treated as cause for the invalidation or 
        reconsideration by the Secretary of such decision.
          (F) The Secretary, in consultation with the Councils 
        and by not later than one year from the date of 
        enactment of this Act, shall promulgate regulations 
        which prohibit an affected individual from voting in 
        accordance with subparagraph (A), and which allow for 
        the making of determinations under subparagraphs (B) 
        and (C).
          [(7)] (8) Section 208 of title 18, United 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).

Sec. 1853. 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) contain the conservation and management measures, 
        applicable to foreign fishing and fishing by vessels of 
        the United States, which are--
                  (A) necessary and appropriate for the 
                conservation and management of the fishery, to 
                prevent overfishing, and to protect, restore, 
                and promote the long-term health and stability 
                of the fishery;
                  (B) described in this subsection or 
                subsection (b), or both; and
                  (C) consistent with the national standards, 
                the other provisions of this Act, regulations 
                implementing recommendations by international 
                organizations in which the United States 
                participates (including but not limited to 
                closed areas, quotas, and size limits), and any 
                other applicable law;
          (2) contain a description of the fishery, including, 
        but not limited to, the number of vessels involved, the 
        type and quantity of fishing gear used, the species of 
        fish involved and their location, the cost likely to be 
        incurred in management, actual and potential revenues 
        from the fishery, any recreational interests in the 
        fishery, and the nature and extent of foreign fishing 
        and Indian treaty fishing rights, if any;
          (3) assess and specify the present and probable 
        future condition of, and the maximum sustainable yield 
        and optimum yield from, the fishery, and include a 
        summary of the information utilized in making such 
        specification;
          (4) assess and specify--
                  (A) the capacity and the extent to which 
                fishing vessels of the United States, on an 
                annual basis, will harvest the optimum yield 
                specified under paragraph (3),
                  (B) the portion of such optimum yield which, 
                on an annual basis, will not be harvested by 
                fishing vessels of the United States and can be 
                made available for foreign fishing, and
                  (C) the capacity and extent to which United 
                States fish processors, on an annual basis, 
                will process that portion of such optimum yield 
                that will be harvested by fishing vessels of 
                the United States;
          (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,
          (6) consider and provide for temporary adjustments, 
        after consultation with the Coast Guard and persons 
        utilizing the fishery, regarding access to the fishery 
        for vessels otherwise prevented from harvesting because 
        of weather or other ocean conditions affecting the safe 
        conduct of the fishery; except that the adjustment 
        shall not adversely affect conservation efforts in 
        other fisheries or discriminate among participants in 
        the affected fishery;
          [(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) describe and identify essential fish habitat for 
        the fishery based on the guidelines established by the 
        Secretary under section 305(b)(1)(A), minimize where 
        practicable adverse effects on such habitat caused by 
        fishing, and identify other actions which should be 
        considered to encourage the conservation and 
        enhancement of such habitat.
          (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) [16 U.S.C. 1854(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 and fishing 
                communities 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.] participants;
          (10) specify objective and measurable criteria for 
        identifying when the fishery to which the plan applies 
        is overfished (with an analysis of how the criteria 
        were determined and the relationship of the criteria to 
        the reproductive potential of stocks of fish in that 
        fishery) and, in the case of a fishery which the 
        Council or Secretary has determined is overfished, or 
        is approaching an overfished condition, contain 
        conservation and management measures to rebuild the 
        fishery;
          (11) assess the amount and type of bycatch occurring 
        in the fishery, and, to the extent practicable and in 
        the following priority, include conservation and 
        management measures to--
                  (A) minimize bycatch; and
                  (B) minimize the mortality of bycatch which 
                cannot be avoided;
          (12) assess the amount and type of fish caught during 
        recreational fishing, and to the extent practicable, 
        include conservation and management measures to 
        minimize the mortality of fish caught and released that 
        are the target species of recreational fishing, under 
        catch and release programs;
          (13) take into account the safety of human life at 
        sea.
    (b) Discretionary Provisions.--Any fishery management plan 
which is prepared by any Council, or by the Secretary, with 
respect to any fishery, may--
          (1) require a permit to be obtained from, and fees to 
        be paid to, the Secretary, with respect to--
                  (A) any fishing vessel of the United States 
                fishing, or wishing to fish, in the exclusive 
                economic zone or special areas, or for 
                anadromous species or Continental Shelf fishery 
                resources beyond such zone or areas;
                  (B) the operator of any such vessel; or
                  (C) any United States fish processor who 
                first receives fish that are subject to the 
                plan;
          (2) designate zones where, and periods when, fishing 
        shall be limited, or shall not be permitted, or shall 
        be permitted only by specified types of fishing vessels 
        or with specified types and quantities of fishing gear;
          (3) establish specified limitations on the catch of 
        fish (based on area, species, size, number, weight, 
        sex, incidental catch, total biomass, or other 
        factors), which are necessary and appropriate for the 
        conservation and management of the fishery;
          (4) prohibit, limit, condition, or require the use of 
        specified types and quantities of fishing gear, fishing 
        vessels, or equipment for such vessels, including 
        devices which may be required to facilitate enforcement 
        of the provisions of this Act;
          (5) incorporate (consistent with the national 
        standards, the other provisions of this Act, and any 
        other applicable law) the relevant fishery conservation 
        and management measures of the coastal States nearest 
        to the fishery;
          (6) establish a [system for limiting access to] 
        limited access system for the fishery in order to 
        achieve optimum yield 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 fishing community, 
                and
                  (F) any other relevant considerations;
          (7) require fish processors who first receive fish 
        that are subject to the plan to submit data (other than 
        economic data) which are necessary for the conservation 
        and management of the fishery;
          (8) require that 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) include, consistent with the other provisions of 
        this Act, conservation and management measures that 
        provide a harvest preference or other incentives for 
        participants within each gear group to employ fishing 
        practices that result in lower levels of bycatch; and
          [(10)] (11) 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.
    [(c) Proposed Regulations.--The proposed regulations which 
the Council deems necessary or appropriate for purposes of 
carrying out a plan or amendment to a plan shall be submitted 
to the Secretary simultaneously with the plan or amendment for 
action by the Secretary under sections 304 and 305 [16 U.S.C. 
1854 and 1855].]
    (c) Proposed Regulations.--Proposed regulations which the 
Council deems necessary or appropriate for the purposes of 
implementing a fishery management plan or plan amendment may be 
submitted to the Secretary for action under section 304--
          (1) simultaneously with submission of the plan or 
        amendment to the Secretary for action under section 
        304; or
          (2) at any time after the plan or amendment is 
        approved.
    [(d) Confidentiality of Statistics.--Any statistic 
submitted to the Secretary by any person in compliance with any 
requirement under subsections (a) and (b) shall be confidential 
and shall not be disclosed; except--
          [(1) to Federal employees and Council employees who 
        are responsible for management plan development and 
        monitoring;
          [(2) to State employees pursuant to an agreement with 
        the Secretary that prevents public disclosure of the 
        identity or business of any person; or
          [(3) when required by court order.
[The Secretary shall, by regulation, prescribe such procedures 
as may be necessary to preserve such confidentiality, except 
that the Secretary may release or make public any such 
statistics in any aggregate or summary form which does not 
directly or indirectly disclose the identity or business of any 
person who submits such statistics. Nothing in this subsection 
shall be interpreted or construed to prevent the use for 
conservation and management purposes by the Secretary, or with 
the approval of the Secretary, the Council, of any statistic 
submitted in compliance with a requirement under subsection (a) 
or (b).
    [(e) Data Collection Programs.--If a Council determines 
that additional information and data (other than information 
and data that would disclose proprietary or confidential 
commercial or financial information regarding fishing 
operations or fish processing operations) would be beneficial 
for the purposes of--
          [(1) determining whether a fishery management plan is 
        needed for a fishery; or
          [(2) preparing a fishery management plan;
the Council may request that the Secretary implement a data 
collection program for the fishery which would provide the 
types of information and data (other than information and data 
that would disclose proprietary or confidential commercial or 
financial information regarding fishing operations or fish 
processing operations) specified by the Council. The Secretary 
shall approve such a data collection program if he determines 
that the need is justified, and shall promulgate regulations to 
implement the program within 60 days after such determination 
is made. If the Secretary determines that the need for a data 
collection program is not justified, he shall inform the 
Council of the reasons for such determination in writing. The 
determinations of the Secretary under this subsection regarding 
a Council request shall be made within a reasonable period of 
time after he receives that request.
    [(f) Restriction on Use of Certain Data.--The Secretary 
shall promulgate regulations to restrict the use, in civil 
enforcement or criminal proceedings under this Act, the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or the 
Endangered Species Act (16 U.S.C. 1531 et seq.), of information 
collected by voluntary fishery data collectors, including sea 
samplers, while aboard any vessel for conservation and 
management purposes if the presence of such a fishery data 
collector aboard is not required by any of such Acts or 
regulations thereunder.]
    (d) Individual Fishing Quotas.--
          (1)(A) A Council may not recommend and the Secretary 
        may not approve or implement any fishery management 
        plan, plan amendment or regulation under this Act which 
        creates a new individual fishing quota program during 
        the fiscal years for which funds are authorized under 
        section 4.
          (B) Any fishery management plan, plan amendment or 
        regulation approved by the Secretary on or after 
        January 4, 1995 which creates any new individual 
        fishing quota program shall be repealed and immediately 
        resubmitted by the Secretary to the appropriate Council 
        and shall not be recommended, approved or implemented 
        during the moratorium set forth in paragraph (1).
          (2)(A) No provision of law shall be construed to 
        limit the authority of a Council to recommend and the 
        Secretary to approve the termination or limitation, 
        without compensation to holders of any limited access 
        system permits, of a fishery management plan, plan 
        amendment or regulation that provides for a limited 
        access system, including an individual fishing quota 
        system.
          (B) This subsection shall not be construed to 
        prohibit a Council from recommending and the Secretary 
        from approving amendments to a fishery management plan, 
        plan amendment, or regulation which implement an 
        individual fishing quota program, if such program was 
        approved prior to January 4, 1995.
          (3) Individual fishing quotas shall be considered 
        permits for the purposes of sections 307, 308 and 309.
          (4)(A) A Council may recommend, and the Secretary may 
        approve and administer, a program which allows up to 25 
        percent of any fees collected under section 304(d)(2) 
        to be used, pursuant to section 1104A(a)(7) of the 
        Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), 
        to guarantee or make a commitment to guarantee, payment 
        of principal of and interest on an obligation which 
        aids in financing the--
                  (i) purchase of individual fishing quotas by 
                fishermen who fish from small vessels; and
                  (ii) first-time purchase of individual 
                fishing quotas by entry level fishermen.
          (B) A Council making a recommendation under 
        subparagraph (A) shall recommend criteria, consistent 
        with the provisions of this Act, that a fisherman must 
        meet to qualify for guarantees under clauses (i) and 
        (ii) of subparagraph (A) and the portion of funds to be 
        allocated for guarantees under each clause.

Sec. 1854. Action by Secretary

    [(a) Action by the Secretary After Receipt of Plan.--
          [(1) After the Secretary receives a fishery 
        management plan, or amendment to a plan, which was 
        prepared by a Council, the Secretary shall--
                  [(A) immediately make a preliminary 
                evaluation of the management plan or amendment 
                for purposes of deciding if it is consistent 
                with the national standards and sufficient in 
                scope and substance to warrant review under 
                this subsection and--
                          [(i) if that decision is affirmative, 
                        implement subparagraphs (B), (C), and 
                        (D) with respect to the plan or 
                        amendment, or
                          [(ii) if that decision is negative--
                                  [(I) disapprove the plan or 
                                amendment, and
                                  [(II) notify the Council, in 
                                writing, of the disapproval and 
                                of those matters specified in 
                                subsection (b)(2)(A), (B) and 
                                (C) as they relate to the plan 
                                or amendment;
                  [(B) immediately commence a review of the 
                management plan or amendment to determine 
                whether it is consistent with the national 
                standards, the other provisions of this Act, 
                and any other applicable law;
                  [(C) immediately publish in the Federal 
                Register a notice stating that the plan or 
                amendment is available and that written data, 
                views, or comments of interested persons on the 
                plan or amendment may be submitted to the 
                Secretary during the 60-day period beginning on 
                the receipt date; and
                  [(D) by the 15th day after the receipt date--
                          [(i) make such changes in the 
                        proposed regulations submitted for the 
                        plan or amendment under section 303(c) 
                        [16 U.S.C. 1853(c)] as may be necessary 
                        for the implementation of the plan, and
                          [(ii) publish such proposed 
                        regulations, including any changes made 
                        thereto under clause (i), in the 
                        Federal Register together with an 
                        explanation of those changes which are 
                        substantive.
          [(2) In undertaking the review required under 
        paragraph (1)(B), the Secretary shall--
                  [(A) take into account the data, views, and 
                comments received from interested persons;
                  [(B) consult with the Secretary of State with 
                respect to foreign fishing; and
                  [(C) consult with the Secretary of the 
                department in which the Coast Guard is 
                operating with respect to enforcement at sea 
                and to fishery access adjustments referred to 
                in section 303(a)(6) [16 U.S.C. 1853(a)(6)].
          [(3)(A) The Secretary shall take action under this 
        section on any fishery management plan or amendment to 
        a plan which the Council characterizes as being a final 
        plan or amendment.
          [(B) For purposes of this section, the term ``receipt 
        date'' means the 5th day after the day on which a 
        Council transmits to the Secretary a fishery management 
        plan, or an amendment to a plan, that it characterizes 
        as a final plan or amendment.
    [(b) Review by Secretary.--
          [(1) A plan or amendment shall take effect and be 
        implemented in accordance with section 305(a) [16 
        U.S.C. 1855(a)] if--
                  [(A) the Secretary does not notify the 
                Council in writing of--
                          [(i) his disapproval under subsection 
                        (a)(1)(A)(ii), or
                          [(ii) his disapproval, or partial 
                        disapproval, under paragraph (2), of 
                        the plan or amendment before the close 
                        of the 95th day after the receipt date; 
                        or
                  [(B) at any time subsequent to the 60th day 
                after the receipt date and before such 95th 
                day, the Secretary notifies the Council in 
                writing that he does not intend to disapprove, 
                or partially disapprove, the plan or amendment.
          [(2) If after review under subsection (a) the 
        Secretary determines that the plan or amendment is not 
        consistent with the criteria set forth in paragraph 
        (1)(B) of that subsection, the Secretary shall notify 
        the Council in writing of his disapproval or partial 
        disapproval of the plan or amendment. Such notice shall 
        specify--
                  [(A) the applicable law with which the plan 
                or amendment is inconsistent;
                  [(B) the nature of such inconsistency; and
                  [(C) recommendations concerning the actions 
                that could be taken by the Council to conform 
                such plan or amendment to the requirements of 
                applicable law.
          [(3)(A) If the Secretary disapproves a proposed plan 
        or amendment under subsection (a)(1)(A)(ii), or 
        disapproves, or partially disapproves, a proposed plan 
        or amendment under paragraph (2), the Council may 
        submit a revised plan or amendment, accompanied by 
        appropriately revised proposed regulations, to the 
        Secretary.
                  [(B) After the Secretary receives a revised 
                plan or amendment under subparagraph (A) or 
                (C)(ii), the Secretary shall immediately--
                          [(i) commence a review of the plan or 
                        amendment to determine whether it 
                        complies with the criteria set forth in 
                        subsection (a)(1)(B);
                          [(ii) publish in the Federal Register 
                        a notice stating that the revised plan 
                        or amendment is available and that 
                        written data, views, or comments of 
                        interested persons on the plan or 
                        amendment may be submitted to the 
                        Secretary during the 30-day period 
                        beginning on the date (hereinafter in 
                        this paragraph referred to as the 
                        ``revised receipt date'') the plan or 
                        amendment was submitted to the 
                        Secretary under subparagraph (A) or 
                        (C)(ii); and
                          [(iii) review the revised proposed 
                        regulations, if any, submitted by the 
                        Council and make such changes to them 
                        as may be necessary for the 
                        implementation of the plan, and 
                        thereafter publish such revised 
                        proposed regulations (as so changed) in 
                        the Federal Register together with an 
                        explanation of each of such changes 
                        that is substantive.
                  [(C)(i) Before the close of the 60th day 
                after the revised receipt date, the Secretary, 
                after taking into account any data, views, or 
                comments received under subparagraph (B)(ii), 
                shall complete the review required under 
                subparagraph (B)(i) and determine whether the 
                plan or amendment complies with the criteria 
                set forth in subsection (a)(1)(B). If the 
                Secretary determines that a plan or amendment 
                is not in compliance with such criteria, he 
                shall immediately notify the Council of his 
                disapproval of the plan or amendment.
                  [(ii) After notifying a Council of 
                disapproval under clause (i), the Secretary 
                shall promptly provide to the Council a written 
                statement of the reasons on which the 
                disapproval was based and advise the Council 
                that it may submit a further revised plan or 
                amendment, together with appropriately revised 
                proposed regulations, for review and 
                determination under this paragraph.
                  [(D) A revised plan or amendment shall take 
                effect and be implemented in accordance with 
                section 305(a) [16 U.S.C. 1855(a)] if the 
                Secretary does not notify the Council, in 
                writing, by the close of the 60th day after the 
                revised receipt date of his disapproval of the 
                plan or amendment.]
    (a) Review of Plans.--
          (1) Upon transmittal by the Council to the Secretary 
        of a fishery management plan or plan amendment, the 
        Secretary shall--
                  (A) immediately commence a review of the plan 
                or plan amendment to determine whether it is 
                consistent with the national standards, the 
                other provisions of this Act, and any other 
                applicable law; and
                  (B) immediately publish in the Federal 
                Register a notice stating that the plan or plan 
                amendment is available and that written data, 
                views, or comments of interested persons on the 
                plan or amendment may be submitted to the 
                Secretary during the 60-day period beginning on 
                the date the notice is published.
          (2) In undertaking the review required under 
        paragraph (1), the Secretary shall--
                  (A) take into account the data, views, and 
                comments received from interested persons;
                  (B) consult with the Secretary of State with 
                respect to foreign fishing; and
                  (C) consult with the Secretary of the 
                department in which the Coast Guard is 
                operating with respect to enforcement at sea 
                and to fishery access adjustments referred to 
                in section 303(a)(6).
          (3) The Secretary shall approve, disapprove, or 
        partially approve a plan or plan amendment within 30 
        days of the end of the comment period under paragraph 
        (1) by written notice to the Council. A notice of 
        disapproval or partial approval shall specify--
                  (A) the applicable law with which the plan or 
                amendment is inconsistent;
                  (B) the nature of such inconsistencies; and
                  (C) recommendations concerning the actions 
                that could be taken by the Council to conform 
                such plan or amendment to the requirements of 
                applicable law.
          (4) If the Secretary disapproves or partially 
        approves a plan or amendment, the Council may submit a 
        revised plan or amendment to the Secretary for review 
        under this subsection.
          (5) For purposes of this subsection and subsection 
        (b), the term ``immediately'' means on or before the 
        5th day after the day on which a Council transmits to 
        the Secretary a plan, amendment, or proposed regulation 
        that the Council characterizes as final.
    (b) Review of Regulations.--
          (1) Upon transmittal by the Council to the Secretary 
        of proposed regulations prepared under section 303(c), 
        the Secretary shall immediately initiate an evaluation 
        of the proposed regulations to determine whether they 
        are consistent with the fishery management plan, this 
        Act and other applicable law. Within 15 days of 
        initiating such evaluation the Secretary shall make a 
        determination and--
                  (A) if that determination is affirmative, the 
                Secretary shall publish such regulations, with 
                such technical changes as may be necessary for 
                clarity and an explanation of those changes, in 
                the Federal Register for a public comment 
                period of 15 to 60 days; or
                  (B) if that determination is negative, the 
                Secretary shall notify the Council in writing 
                of the inconsistencies and provide 
                recommendations on revisions that would make 
                the proposed regulations consistent with the 
                fishery management plan, this Act, and other 
                applicable law.
          (2) Upon receiving a notification under paragraph 
        (1)(B), the Council may revise the proposed regulations 
        and submit them to the Secretary for reevaluation under 
        paragraph (1).
          (3) The Secretary shall promulgate final regulations 
        within 30 days after the end of the comment period 
        under paragraph (1)(A). The Secretary shall consult 
        with the Council before making any revisions to the 
        proposed regulations, and must publish in the Federal 
        Register an explanation of any differences between the 
        proposed and final regulations.
    (c) Preparation by Secretary.--
          (1) The Secretary may prepare a fishery management 
        plan, with respect to any [fishery,] fishery (other 
        than a fishery to which section 302(a)(3) applies), or 
        any amendment to any such plan, in accordance with the 
        national standards, the other provisions of this Act, 
        and any other applicable law, if--
                  (A) the appropriate Council fails to develop 
                and submit to the Secretary, after a reasonable 
                period of time, a fishery management plan for 
                such fishery, or any necessary amendment to 
                such a plan, if such fishery requires 
                conservation and management; or
                  (B) the Secretary disapproves or partially 
                disapproves any such plan or amendment, or 
                disapproves a revised plan or amendment, and 
                the Council involved fails to submit a revised 
                or further revised plan or amendment, as the 
                case may be.
          [In preparing any such plan or amendment, the 
        Secretary shall consult with the Secretary of State 
        with respect to foreign fishing and with the Secretary 
        of the department in which the Coast Guard is operating 
        with respect to enforcement at sea. The Secretary shall 
        also prepare such proposed regulations as he deems 
        necessary or appropriate to carry out each plan or 
        amendment prepared by him under this paragraph.]
          [(2)(A) Whenever, under paragraph (1), the Secretary 
        prepares a fishery management plan or amendment, the 
        Secretary shall immediately--
                  [(i) submit such plan or amendment, and 
                proposed regulations to implement such plan or 
                amendment, to the appropriate Council for 
                consideration and comment;
                  [(ii) publish in the Federal Register a 
                notice stating that the plan or amendment is 
                available and that written data, views, or 
                comments of interested persons on the plan or 
                amendment may be submitted to the Secretary 
                during the 60-day period beginning on the date 
                the plan or amendment was submitted under 
                clause (i); and
                  [(iii) by the 15th day after the date of 
                submission under clause (i), submit for 
                publication in the Federal Register the 
                proposed regulations to implement the plan or 
                amendment.
          [(B) The appropriate Council must submit its comments 
        and recommendations, if any, regarding the plan or 
        amendment to the Secretary before the close of the 60-
        day period referred to in subparagraph (A)(ii). After 
        the close of such 60-day period, the Secretary, after 
        taking into account any such comments and 
        recommendations, as well as any views, data, or 
        comments submitted under subparagraph (A)(ii), may 
        implement such plan or amendment under section 305(a) 
        [16 U.S.C. 1855(a)].]
          (2) In preparing any plan or amendment under this 
        subsection, the Secretary shall consult with the 
        Secretary of State with respect to foreign fishing and 
        with the Secretary of the department in which the Coast 
        Guard is operating with respect to enforcement at sea.
          (3) Notwithstanding paragraph (1), the Secretary may 
        not include in any fishery management plan, or any 
        amendment to any such plan, prepared by him under this 
        subsection, a provision establishing a limited access 
        [system described in section 303(b)(6) [16 U.S.C. 
        1853(b)(6)]] system, including any individual fishing 
        quota system, unless such system is first approved by a 
        majority of the voting members, present and voting, of 
        each appropriate Council.
    (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) [16 U.S.C. 
1853(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) Notwithstanding paragraph (1), the Secretary is 
authorized and shall collect a fee of up to 3 percent of the 
annual ex-vessel value of fish harvested under any individual 
fishing quota program or community development quota program to 
recover the costs directly related to the management and 
enforcement of such program. Fees collected under this 
paragraph shall be in addition to any other fees charged under 
this Act and shall be an offsetting collection available only 
to the Secretary for the purposes of administering and 
implementing this Act in the fishery in which the fees were 
collected.
    [(e) Fisheries Research.--
          [(1) The Secretary shall initiate and maintain, in 
        cooperation with the Councils, a comprehensive program 
        of fishery research to carry out and further the 
        purposes, policy, and provisions of this Act. Such 
        program shall be designed to acquire knowledge and 
        information, including statistics, on fishery 
        conservation and management and on the economics of the 
        fisheries.
          [(2) Within one year after the date of enactment of 
        the Fishery Conservation Amendments of 1990, and at 
        least every three years thereafter, the Secretary shall 
        develop and publish in the Federal Register a strategic 
        plan for fisheries research for the five years 
        immediately following such publication. The plan 
        shall--
                  [(A) identify and describe a comprehensive 
                program with a limited number of priority 
                objectives for research in each of the areas 
                specified in paragraph (2);
                  [(B) indicate the goals and timetables for 
                the program described in subparagraph (A); and
                  [(C) provide a role for affected commercial 
                fishermen in such research, including 
                involvement in field testing.
          [(3) The areas of research referred to in paragraph 
        (1) are as follows:
                  [(A) Research to support fishery conservation 
                and management, including research on the 
                economics of fisheries and biological research 
                concerning the interdependence of fisheries or 
                stocks of fish, the impact of pollution on fish 
                populations, the impact of wetland and 
                estuarine degradation, and other matters 
                bearing upon the abundance and availability of 
                fish.
                  [(B) Conservation engineering research, 
                including the study of fish behavior and the 
                development and testing of new gear technology 
                and fishing techniques to minimize the harvest 
                of nontarget species and promote efficient 
                harvest of target species.
                  [(C) Information management research, 
                including the development of a fishery 
                information base and an information management 
                system that will permit the full use of data in 
                the support of effective fishery conservation 
                and management.
          [(4) In developing the plan required under paragraph 
        (1), 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 of the House of 
        Representatives.]
    (e) Rebuilding Overfished Fisheries.--
          (1) The Secretary shall report annually to the 
        Congress and the Councils on the status of fisheries 
        within each Council's geographical area of authority 
        and identify those fisheries that are overfished or are 
        approaching a condition of being overfished. For those 
        fisheries managed under a fishery management plan or 
        international agreement, the status shall be determined 
        using the criteria for overfishing specified in such 
        plan or agreement. A fishery shall be classified as 
        approaching a condition of being overfished if, based 
        on trends in fishing effort, fishery resource size, and 
        other appropriate factors, the Secretary estimates that 
        the fishery will become overfished within two years.
          (2) In addition, if the Secretary determines at any 
        time that a fishery is overfished, the Secretary 
        immediately shall notify the appropriate Council and 
        request that action be taken to end overfishing in the 
        fishery and to implement conservation and management 
        measures to rebuild affected stocks of fish. The 
        Secretary shall publish each notice under this 
        paragraph in the Federal Register.
          (3) Within one year of an identification or 
        notification under this subsection, the Council (or the 
        Secretary, consistent with section 304(g) and where 
        practicable for fisheries under section 302(a)(3)) 
        shall prepare a fishery management plan, a plan 
        amendment, or proposed regulations for fisheries under 
        the authority of such Council or the Secretary--
                  (A) to end overfishing in the fishery and to 
                rebuild affected stocks of fish; or
                  (B) to prevent overfishing from occurring in 
                the fishery whenever such fishery is identified 
                as approaching an overfished condition.
          (4) For a fishery that is overfished, any fishery 
        management plan, amendment or proposed regulations 
        prepared under this section shall--
                  (A) specify a time period for ending 
                overfishing and rebuilding the fishery that 
                shall--
                          (i) be as short as possible, taking 
                        into account the status and biology of 
                        any overfished stocks of fish, the 
                        needs of fishing communities and other 
                        economic interests, recommendations by 
                        international organizations in which 
                        the United States participates and the 
                        interaction of the overfished stock of 
                        fish within the marine ecosystem; and
                          (ii) not exceed 10 years, except in 
                        cases where the biology of the stock of 
                        fish or other environmental conditions 
                        dictate otherwise.
                  (B) allocate both overfishing restrictions 
                and recovery benefits fairly and equitably 
                among sectors of the fishery; and
                  (C) for fisheries managed under an 
                international agreement, reflect the 
                traditional participation by fishermen of the 
                United States in the fishery relative to other 
                nations.
          (5) If, within the one-year period beginning on the 
        date of identification or notification, the Council 
        does not submit to the Secretary a fishery management 
        plan, plan amendment or proposed regulations under 
        paragraph (3)(A), the Secretary shall within nine 
        months prepare under subsection (c) a fishery 
        management plan or plan amendment to stop overfishing 
        and rebuild affected stocks of fish.
          (6) During the development of a fishery management 
        plan, a plan amendment, or proposed regulations under 
        this subsection, the Council may request the Secretary 
        to implement interim measures, to be replaced by such 
        plan, amendment or regulations, to reduce overfishing. 
        Such measures, if otherwise in compliance with the 
        provisions of this Act, may be implemented even though 
        they are not sufficient by themselves to stop 
        overfishing of a fishery.
          (7) The Secretary shall review any fishery management 
        plan, plan amendment or regulations implemented under 
        this subsection at routine intervals that may not 
        exceed two years. If the Secretary finds as a result of 
        the review that such plan, amendment or regulations 
        have not resulted in adequate progress toward ending 
        overfishing and rebuilding affected fish stocks, the 
        Secretary shall--
                  (A) in the case of a fishery to which section 
                302(a)(3) applies, immediately make revisions 
                necessary to achieve adequate progress; or
                  (B) for all other fisheries, immediately 
                notify the appropriate Council under paragraph 
                (2).
    (f) 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) designate which Council shall prepare the 
                fishery management plan for such fishery and 
                any amendment to such plan; or
                  (B) may require that the plan and amendment 
                be prepared jointly by the Councils concerned.
          No jointly prepared plan or amendment may be 
        submitted to the Secretary unless it is approved by a 
        majority of the voting members, present and voting, of 
        each Council concerned.
          (2) The Secretary shall establish the boundaries 
        between the geographical areas of authority of adjacent 
        Councils.
          [(3)(A) The Secretary shall have authority over any 
        highly migratory species fishery that is within the 
        geographical area of authority of more than one of the 
        following Councils: New England Council, Mid-Atlantic 
        Council, South Atlantic Council, Gulf Council, and 
        Caribbean Council.
                  [(B) In accordance with the provisions of 
                this Act and any other applicable law, the 
                Secretary shall--
                          [(i) identify research and 
                        information priorities, including 
                        observer requirements and necessary 
                        data collection and analysis for the 
                        conservation and management of highly 
                        migratory species;
                          [(ii) prepare and amend fishery 
                        management plans with respect to highly 
                        migratory species fisheries to which 
                        this paragraph applies; and
                          [(iii) diligently pursue, through 
                        international entities (such as the 
                        International Commission for the 
                        Conservation of Atlantic Tunas), 
                        international fishery management 
                        measures with respect to fishing for 
                        highly migratory species.
                  [(C) In preparing or amending any fishery 
                management plan under this paragraph, the 
                Secretary shall--
                          [(i) conduct public hearings, at 
                        appropriate times and in appropriate 
                        locations in the geographical areas 
                        concerned, so as to allow interested 
                        persons an opportunity to be heard in 
                        the preparation and amendment of the 
                        plan;
                          [(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;
                          [(iii) consult with and consider the 
                        comments and views of affected 
                        Councils;
                          [(iv) evaluate the likely effects, if 
                        any, of conservation and management 
                        measures on participants in the 
                        fisheries affected by the plan and 
                        minimize, to the extent practicable, 
                        any disadvantage to United States 
                        fishermen in relation to foreign 
                        competitors; and
                          [(v) review, on a continuing basis 
                        (and promptly whenever a recommendation 
                        pertaining to fishing for highly 
                        migratory species has been made under a 
                        relevant international fishery 
                        agreement), and revise as appropriate, 
                        the conservation and management 
                        measures included in the plan.
                  [(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.
                  [(E) With respect to a highly migratory 
                species for which the United States is 
                authorized to harvest an allocation or quota 
                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.
                  [(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
                          [(iii) appropriate Councils.]
    [(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.
          [(2) The program established pursuant to paragraph 
        (1) shall provide for the identification of stocks of 
        fish which are subject to significant incidental 
        harvest in the course of normal shrimp trawl fishing 
        activity.
          [(3) For stocks of fish identified pursuant to 
        paragraph (2), with priority given to stocks which 
        (based upon the best available scientific information) 
        are considered to be overfished, the Secretary shall 
        conduct--
                  [(A) a program to collect and evaluate data 
                on the nature and extent (including the spatial 
                and temporal distribution) of incidental 
                mortality of such stocks as a direct result of 
                shrimp trawl fishing activities;
                  [(B) an assessment of the status and 
                condition of such stocks, including collection 
                of information which would allow the estimation 
                of life history parameters with sufficient 
                accuracy and precision to support sound 
                scientific evaluation of the effects of various 
                management alternatives on the status of such 
                stocks; and
                  [(C) a program of data collection and 
                evaluation for such stocks on the magnitude and 
                distribution of fishing mortality and fishing 
                effort by sources of fishing mortality other 
                than shrimp trawl fishing activity.
          [(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.
          [(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 of 
        the House of Representatives.
          [(6)(A) Except as provided in this paragraph, the 
        Secretary may not implement any measures under this Act 
        to reduce incidental mortality of nontarget fishery 
        resources in the course of shrimp trawl fishing which 
        would restrict the period during which shrimp are 
        harvested or would require the use of any technological 
        device or other change in fishing technology.
                  [(B) The prohibition contained in 
                subparagraph (A) shall cease on April 1, 1994.
                  [(C) This paragraph does not apply to any law 
                or regulation in effect on the date of 
                enactment of this paragraph [enacted Nov. 28, 
                1990], nor does it limit in any way the 
                Secretary's authority to take action, including 
                any limitation on entry permitted by this Act, 
                for the conservation and management of the 
                shrimp fishery resource.]
    (g) Atlantic Highly Migratory Species.--The Secretary shall 
prepare a fishery management plan or plan amendment with 
respect to any highly migratory species fishery to which 
section 302(a)(3) applies that requires conservation and 
management, in accordance with the national standards, the 
other provisions of this Act, and any other applicable law. In 
preparing and implementing any such plan or amendment, the 
Secretary shall--
          (1) conduct public hearings, at appropriate times and 
        in appropriate locations in the geographical areas 
        concerned, so as to allow interested persons an 
        opportunity to be heard in the preparation and 
        amendment of the plan and any regulations implementing 
        the plan;
          (2)(A) consult with the Secretary of State with 
        respect to foreign fishing and with the Secretary of 
        the department in which the Coast Guard is operating 
        with respect to enforcement at sea; and
          (B) consult with and consider the comments and views 
        of affected Councils, as well as commissioners and 
        advisory groups appointed under Acts implementing 
        relevant international fishery agreements pertaining to 
        highly migratory species and the advisory panel 
        established under section 302(g);
          (3) establish an advisory panel under section 302(g) 
        for each fishery management plan to be prepared under 
        this paragraph;
          (4) evaluate the likely effects, if any, of 
        conservation and management measures on participants in 
        the affected fisheries and minimize, to the extent 
        practicable, any disadvantage to United States 
        fishermen in relation to foreign competitors;
          (5) with respect to a highly migratory species for 
        which the United States is authorized to harvest an 
        allocation, quota, or at a fishing mortality level 
        under a relevant international fishery agreement, 
        provide fishing vessels of the United States with a 
        reasonable opportunity to harvest such allocation, 
        quota, or fishing mortality level;
          (6) review, on a continuing basis (and promptly 
        whenever a recommendation pertaining to fishing for 
        highly migratory species has been made under a relevant 
        international fishery agreement), and revise as 
        appropriate, the conservation and management measures 
        included in the plan;
          (7) diligently pursue, through international entities 
        (such as the International Commission for the 
        Conservation of Atlantic Tunas), comparable 
        international fishery management measures with respect 
        to fishing for highly migratory species; and
          (8) ensure that conservation and management measures 
        adopted under this paragraph--
                  (A) promote international conservation of the 
                affected fishery;
                  (B) take into consideration traditional 
                fishing patterns of fishing vessels of the 
                United States and the operating requirements of 
                the fisheries;
                  (C) are fair and equitable in allocating 
                fishing privileges among United States 
                fishermen and not have economic allocation as 
                the sole purpose;
                  (D) minimize the discarding of Atlantic 
                highly migratory species which cannot be 
                returned to the sea alive; and
                  (E) promote, to the extent practicable, 
                implementation of scientific research programs 
                that include the tag and release of Atlantic 
                highly migratory species.
    (h) Review of Secretarial Plan.--
          (1)(A) Whenever the Secretary prepares a fishery 
        management plan or plan amendment under this section, 
        the Secretary shall immediately--
                  (i) for a plan or amendment prepared under 
                subsection (c), submit such plan or amendment 
                to the appropriate Council for consideration 
                and comment; and
                  (ii) publish in the Federal Register a notice 
                stating that the plan or amendment is available 
                and that written data, views, or comments of 
                interested persons on the plan or amendment may 
                be submitted to the Secretary during the 60-day 
                period beginning on the date the notice is 
                published.
          (B) Whenever a plan or amendment is submitted under 
        paragraph (1)(A)(i), the appropriate Council must 
        submit its comments and recommendations, if any, 
        regarding the plan or amendment to the Secretary before 
        the close of the 60-day period referred to in 
        subparagraph (A)(ii). After the close of such 60-day 
        period, the Secretary, after taking into account any 
        such comments and recommendations, as well as any 
        views, data, or comments submitted under subparagraph 
        (A)(ii), may adopt such plan or amendment.
          (2) The Secretary may propose regulations in the 
        Federal Register to implement any plan or amendment 
        prepared by the Secretary. The comment period on 
        proposed regulations shall be 60 days, except that the 
        Secretary may shorten the comment period on minor 
        revisions to existing regulations.
          (3) The Secretary shall promulgate final regulations 
        within 30 days after the end of the comment period 
        under paragraph (3). The Secretary must publish in the 
        Federal Register an explanation of any substantive 
        differences between the proposed and final rules. All 
        final regulations must be consistent with the plan, 
        with the national standards and other provisions of 
        this Act, and with any other applicable law.

[Sec. 1855. Implementation of fishery management plans

    [(a) Implementation.--The Secretary shall promulgate each 
regulation that is necessary to carry out a plan or amendment--
          [(1) within 110 days after the plan or amendment was 
        received by him for action under section 304(a) [16 
        U.S.C. 1854(a)], if such plan or amendment takes effect 
        under section 304(b)(1) [16 U.S.C. 1854(b)(1)];
          [(2) within 75 days after a revised plan or amendment 
        was received by him under section 304(b) [16 U.S.C. 
        1854(b)], if such plan or amendment takes effect under 
        paragraph (3)(D) of such section; or
          [(3) within such time as he deems appropriate in the 
        case of a plan or amendment prepared by him under 
        section 304(c) or (f)(3) [16 U.S.C. 1854(c) or 
        (f)(3)].]

Sec. 1855. Other requirements and authority

    (a) Gear Evaluation and Notification of Entry.--
          (1) Not later than 18 months after the date of 
        enactment of the Sustainable Fisheries Act, the 
        Secretary shall publish in the Federal Register, after 
        notice and an opportunity for public comment, a list of 
        all fisheries
                  (A) under the authority of each Council and 
                all fishing gear used in such fisheries, based 
                on information submitted by the Councils under 
                section 303(a); and
                  (B) to which section 302(a)(3) applies and 
                all fishing gear used in such fisheries.
          (2) The Secretary shall include with such list 
        guidelines for determining when fishing gear or a 
        fishery is sufficiently different from those listed as 
        to require notification under paragraph (3).
          (3) Effective 180 days after the publication of such 
        list, no person or vessel shall employ fishing gear or 
        engage in a fishery not included on such list without 
        giving 90 days advance written notice to the 
        appropriate Council, or the Secretary with respect to a 
        fishery to which section 302(a)(3) applies. A signed 
        return receipt shall serve as adequate evidence of such 
        notice and as the date upon which the 90-day period 
        begins.
          (4) A Council may submit to the Secretary any 
        proposed changes to such list or such guidelines the 
        Council deems appropriate. The Secretary shall publish 
        a revised list, after notice and an opportunity for 
        public comment, upon receiving any such proposed 
        changes from a Council.
          (5) A Council may request the Secretary to promulgate 
        emergency regulations under subsection (c) to prohibit 
        any persons or vessels from using an unlisted fishing 
        gear or engaging in an unlisted fishery if the 
        appropriate Council, or the Secretary for fisheries to 
        which section 302(a)(3) applies, determines that such 
        unlisted gear or unlisted fishery would compromise the 
        effectiveness of conservation and management efforts 
        under this Act.
    (b) Fish Habitat.--
          (1)(A) The Secretary shall, within six months of the 
        date of enactment of the Sustainable Fisheries Act, 
        establish guidelines to assist the Councils in the 
        description and identification of essential fish 
        habitat in fishery management plans (including adverse 
        impacts on such habitat) and the actions which should 
        be considered to ensure the conservation and 
        enhancement of such habitat, and set forth a schedule 
        for the amendment of fishery management plans to 
        include the identification of essential fish habitat.
          (B) The Secretary shall provide each Council with 
        recommendations and information regarding each fishery 
        under that Council's authority to assist it in the 
        identification of essential fish habitat, the adverse 
        impacts on that habitat, and the actions that should be 
        considered to ensure the conservation and enhancement 
        of that habitat.
          (C) The Secretary shall review programs administered 
        by the Department of Commerce and ensure that any 
        relevant programs further the conservation and 
        enhancement of essential fish habitat.
          (D) The Secretary shall coordinate with and provide 
        information to other Federal agencies to further the 
        conservation and enhancement of essential fish habitat.
          (2) Each Federal agency shall consult with the 
        Secretary with respect to any action undertaken, or 
        proposed to be undertaken by such agency that may 
        adversely affect any essential fish habitat identified 
        under this Act.
          (3) Each Council--
                  (A) may comment on and make recommendations 
                to the Secretary and any Federal or State 
                agency concerning any activity undertaken, or 
                proposed to be undertaken, by any Federal or 
                State agency that, in the view of the Council, 
                may affect the habitat, including essential 
                fish habitat, of a fishery resource under its 
                authority; and
                  (B) shall comment on and make recommendations 
                to the Secretary and any Federal or State 
                agency concerning any such activity that, in 
                the view of the Council, is likely to 
                substantially affect the habitat, including 
                essential fish habitat, of an anadromous 
                fishery resource under its authority.
          (4)(A) If the Secretary receives information from a 
        Council or Federal or State agency or determines from 
        other sources that an action undertaken, or proposed to 
        be undertaken by any State or Federal agency would 
        adversely affect any essential fish habitat identified 
        under this Act, the Secretary shall recommend to such 
        agency measures that can be taken by such agency to 
        conserve such habitat.
          (B) Within 30 days after receiving a recommendation 
        under paragraph (4)(A), a Federal agency shall provide 
        a detailed response, in writing, to the commenting 
        Council and the Secretary regarding the matter. 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 Secretary, the Federal agency 
        shall explain its reasons for not following the 
        recommendations.
    (c) Emergency Actions.--
          (1) If the Secretary finds that an emergency exists 
        involving any fishery, he may promulgate emergency 
        regulations necessary to address the emergency, without 
        regard to whether a fishery management plan exists for 
        such fishery.
          (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, requests 
                the taking of such action; and
                  (B) the Secretary may promulgate emergency 
                regulations under paragraph (1) to address the 
                emergency if the Council, by less than a 
                unanimous vote, requests the taking of such 
                action.
          [(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
                  [(C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal 
                Register of a notice of termination, except for 
                emergency regulations promulgated under 
                paragraph (2) in which case such early 
                termination may be made only upon the agreement 
                of the Secretary and the Council concerned.]
          (3) Any emergency regulation which changes an 
        existing fishery management plan 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, except as provided in subparagraph 
                (C), remain in effect for not more than 180 
                days after the date of publication, and may be 
                extended by publication in the Federal Register 
                for an additional period of not more than 180 
                days, provided the public has had an 
                opportunity to comment on the emergency 
                regulation, and, in the case of a Council 
                recommendation for emergency regulations, the 
                Council is actively preparing a fishery 
                management plan, amendment, or proposed 
                regulations to address the emergency on a 
                permanent basis;
                  (C) that responds to a public health 
                emergency may remain in effect until the 
                circumstances that created the emergency no 
                longer exist, provided that the Secretary of 
                Health and Human Services concurs with the 
                Secretary's action and the public has an 
                opportunity to comment after the regulation is 
                published; and
                  (D) may be terminated by the Secretary at an 
                earlier date by publication in the Federal 
                Register of a notice of termination, except for 
                emergency regulations promulgated under 
                paragraph (2) in which case such early 
                termination may be made only upon the agreement 
                of the Secretary and the Council concerned.
    (d) Responsibility of Secretary.--The Secretary shall have 
general responsibility to carry out any fishery management plan 
or amendment approved or prepared by him, in accordance with 
the provisions of this Act. The Secretary may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to discharge such 
responsibility or to carry out any other provision of this Act.
    (e) Effect of Certain Laws on Certain Time Requirements.--
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and 
Executive Order Numbered [12291, dated February 17, 1981,] 
12866, dated September 30, 1993, shall be complied with within 
the time limitations specified in subsection (c) or section 
304(a) and (b) [16 U.S.C. 1854(a), (b)] as they apply to the 
functions of the Secretary under such provisions.
    [(b)] (f) Judicial Review.--
          (1) Regulations promulgated by the Secretary under 
        this Act and actions described in paragraph (2) shall 
        be subject to judicial review to the extent authorized 
        by, and in accordance with, chapter 7 of title 5, 
        United States Code [5 U.S.C. 701 et seq.], if a 
        petition for such review is filed within 30 days after 
        the date on which the regulations are promulgated or 
        the action is published in the Federal Register, as 
        applicable; except that--
                  (A) section 705 of such title is not 
                applicable, and
                  (B) the appropriate court shall only set 
                aside any such regulation or action on a ground 
                specified in section 706(2)(A), (B), (C), or 
                (D) of such title.
          (2) The actions referred to in paragraph (1) are 
        actions that are taken by the Secretary under 
        regulations which implement a fishery management plan, 
        including but not limited to actions that establish the 
        date of closure of a fishery to commercial or 
        recreational fishing.
          (3)(A) Notwithstanding any other provision of law, 
        the Secretary shall file a response to any petition 
        filed in accordance with paragraph (1), not later than 
        45 days after the date the Secretary is served with 
        that petition, except that the appropriate court may 
        extend the period for filing such a response upon a 
        showing by the Secretary of good cause for that 
        extension.
          (B) A response of the Secretary under this paragraph 
        shall include a copy of the administrative record for 
        the regulations that are the subject of the petition.
          (4) Upon a motion by the person who files a petition 
        under this subsection, the appropriate court shall 
        assign the matter for hearing at the earliest possible 
        date and shall expedite the matter in every possible 
        way.
    (g) Negotiated Conservation and Management Measures.--
(1)(A) A Council or the Secretary may, in accordance with 
regulations promulgated by the Secretary pursuant to this 
paragraph, establish a fishery negotiation panel to assist in 
the development of specific conservation and management 
measures for a fishery under authority of such Council or the 
Secretary.
    (B) No later than 180 days after the enactment of this 
section, the Secretary shall promulgate regulations 
establishing procedures, developed in cooperation with the 
Administrative Conference of the United States, for the 
establishment and operation of fishery negotiation panels. Such 
procedures shall be comparable to the procedures for negotiated 
rulemaking established by subchapter III of chapter 5 of title 
5, United States Code.
    (2) Upon receipt of a report containing proposed 
conservation and management measures from a negotiation panel 
convened under this subsection, the report shall be published 
in the Federal Register for public comment.
    (3) Nothing in this subsection shall be construed to 
require either a Council or the Secretary, whichever is 
appropriate, to include all or any portion of a report from a 
negotiation panel established under this subsection in a 
fishery management plan or plan amendment for the fishery for 
which the panel was established.
    (h) Central Registry System for Limited Access System 
Permits.--
          (1) Within 6 months after the date of enactment of 
        the Sustainable Fishery Act, the Secretary shall 
        establish an exclusive central registry system (which 
        may be administered on a regional basis) for any 
        limited access system permits established under section 
        303(b)(6) or other Federal law, including individual 
        fishing quotas, which shall provide for the 
        registration of title to, and interests in, such 
        permits, as well as for procedures for changes in the 
        registration of title to such permits upon the 
        occurrence of involuntary transfers, judicial or 
        nonjudicial foreclosure of interests, enforcement of 
        judgments thereon, and related matters deemed 
        appropriate by the Secretary. Such registry system 
        shall--
                  (A) provide a mechanism for filing notice of 
                a nonjudicial foreclosure or enforcement of a 
                judgment by which the holder of a senior 
                security interest acquires or conveys ownership 
                of a permit, and in the event of a nonjudicial 
                foreclosure, by which the interests of the 
                holders of junior security interests are 
                released when the permit is transferred;
                  (B) provide for public access to the 
                information filed under such system, 
                notwithstanding section 402(b); and
                  (C) provide such notice and other 
                requirements of applicable law that the 
                Secretary deems necessary for an effective 
                registry system.
          (2) The Secretary shall promulgate such regulations 
        as may be necessary to carry out this subsection, after 
        consulting with the Councils and providing an 
        opportunity for public comment. The Secretary is 
        authorized to contract with non-federal entities to 
        administer the central registry system.
          (3) To be effective and perfected against any person 
        except the transferor, its heirs and devisees, and 
        persons having actual notice thereof, all security 
        interests, and all sales and other transfers of permits 
        described in paragraph (1), shall be registered in 
        compliance with the regulations promulgated under 
        paragraph (2). Such registration shall constitute the 
        exclusive means of perfection of title to, and security 
        interests in, such permits, except for federal tax 
        liens thereon, which shall be perfected exclusively in 
        accordance with section 6323 of the Internal Revenue 
        Code of 1986 (26 U.S.C. 6323).
          (4) The priority of security interests shall be 
        determined in order of filing, the first filed having 
        the highest priority. A validly-filed security interest 
        shall remain valid and perfected notwithstanding a 
        change in residence or place of business of the owner 
        of record. For the purposes of this subsection, 
        ``security interest'' shall include security interests, 
        assignments, liens and other encumbrances of whatever 
        kind.
          (5) Notwithstanding section 304(d)(1), the Secretary 
        may collect a reasonable fee of not more than one-half 
        of one percent of the value of limited access system 
        permits upon registration and transfer to recover the 
        costs of administering the central registry system.
    (i) Alaska and Western Pacific Community Development 
Programs.--
          (1)(A) The North Pacific Council and the Secretary 
        shall establish a western Alaska community development 
        quota program under which a percentage of the total 
        allowable catch of any Bering Sea fishery is allocated 
        to the program.
          (B) To be eligible to participate in the western 
        Alaska community development quota program under 
        paragraph (1), a community shall--
                  (i) be located within 50 nautical miles from 
                the baseline from which the breadth of the 
                territorial sea is measured along the Bering 
                Sea coast from the Bering Strait to the western 
                most of the Aleutian Islands, or an island 
                within the Bering Sea;
                  (ii) not be located on the Gulf of Alaska 
                coast of the north Pacific Ocean;
                  (iii) meet criteria developed by the Governor 
                of Alaska, approved by the Secretary, and 
                published in the Federal Register; and
                  (iv) be certified by the Secretary of the 
                Interior pursuant to the Alaska Native Claims 
                Settlement Act to be a Native village;
                  (v) consist of residents who conduct more 
                than one-half of their current commercial or 
                subsistence fishing effort in the waters of the 
                Bering Sea and Aleutian Islands management 
                area; and
                  (vi) not have previously developed harvesting 
                or processing capability sufficient to support 
                substantial participation in the groundfish 
                fisheries in the Bering Sea, unless the 
                community can show that the benefits from an 
                approved Community Development Plan would be 
                the only way for the community to realize a 
                return from previous investments.
          (C)(i) During the fiscal years for which funds are 
        authorized under section 4, the North Pacific Council 
        may not recommend to the Secretary any fishery 
        management plan, plan amendment, or regulation that 
        allocates to the western Alaska community development 
        quota program a percentage of the total allowable catch 
        of any Bering Sea fishery for which, prior to October 
        1, 1995, the Council had not recommended that a 
        percentage of the total allowable catch be allocated to 
        such Western Alaska community development quota 
        program.
          (ii) During the fiscal years for which funds are 
        authorized under section 4, with respect to a fishery 
        management plan, plan amendment, or regulation for a 
        Bering Sea fishery that--
                  (I) allocates to the western Alaska community 
                development quota program a percentage of the 
                total allowable catch of such fishery; and
                  (II) was recommended by the North Pacific 
                Council to the Secretary prior to October 1, 
                1995,
        the Secretary shall, notwithstanding any expiration 
        date in such plan, plan amendment, or regulation, 
        allocate to the program a percentage of the total 
        allowable catch that is no greater than the percentage 
        described in such plan or plan amendment.
          (D) The Secretary shall deduct from any fees 
        collected under section 304(d)(2) for fish harvested 
        under the western Alaska community development quota 
        program costs incurred by fishing vessels in the 
        program for observer or reporting requirements which 
        are in addition to observer or reporting requirements 
        of other fishing vessels in the fishery in which the 
        allocation to such program has been made.
          (2)(A) The Western Pacific Council and the Secretary 
        may establish a western Pacific community development 
        program which may include an allocation of a percentage 
        of the total catch of any fishery, limited entry 
        permits, or other quotas related to vessel size and 
        fishing zones to western Pacific communities that 
        participate in the program.
          (B) To be eligible to participate in the western 
        Pacific community development program, a community 
        shall--
                  (i) be located within the Western Pacific 
                Regional Fishery Management Area;
                  (ii) meet criteria developed by the Western 
                Pacific Council, approved by the Secretary and 
                published in the Federal Register, and based on 
                historical fishing practices in and dependence 
                on the fishery, the cultural and social 
                framework relevant to the fishery, and economic 
                barriers to access to the fishery;
                  (iii) consist of community residents who 
                conduct more than one-half of their current 
                commercial or subsistence fishing effort in the 
                waters within the Western Pacific Regional 
                Management Area;
                  (iv) not have previously developed harvesting 
                or processing capability sufficient to support 
                substantial participation in the western 
                Pacific Regional Fishery Management Area; and
                  (v) develop and submit a Community 
                Development Plan to the Western Pacific Council 
                and Secretary.
          (C) For the purposes of this subsection--
                  (i) ``Western Pacific Regional Management 
                Area'' means the area under the jurisdiction of 
                the Western Pacific Council, or an island 
                within such area; and
                  (ii) ``western Pacific community'' means any 
                community located in the Western Pacific 
                Regional Management Area where a majority of 
                the inhabitants are descended from the 
                aboriginal peoples indigenous to the area and 
                in which traditional fishing practices are or 
                have been historically used for subsistence or 
                commercial purposes.
          (D) Notwithstanding any other provision of this Act, 
        the Western Pacific Council shall take into account 
        traditional indigenous fishing practices in preparing 
        any fishery management plan.
          (E) After the date of enactment of the Sustainable 
        Fisheries Act, no Council may recommend a community 
        development quota program except as provided in this 
        subsection.

Sec. 1856. State jurisdiction

    (a) In General.--
          (1) Except as provided in subsection (b), nothing in 
        this Act shall be construed as extending or diminishing 
        the jurisdiction or authority of any State within its 
        boundaries.
          (2) For the purposes of this Act, except as provided 
        in subsection (b), the jurisdiction and authority of a 
        State shall extend--
                  (A) to any pocket of waters that is adjacent 
                to the State and totally enclosed by lines 
                delimiting the territorial sea of the United 
                States pursuant to the Geneva Convention on the 
                Territorial Sea and Contiguous Zone or any 
                successor convention to which the United States 
                is a party;
                  (B) with respect to the body of water 
                commonly known as Nantucket Sound, to the 
                pocket of water west of the seventieth meridian 
                west of Greenwich; and
                  (C) to the waters of southeastern Alaska (for 
                the purpose of regulating fishing for other 
                than any species of crab) that are--
                          (i) north of the line representing 
                        the international boundary at Dixon 
                        Entrance and the westward extension of 
                        that line; east of 138 degrees west 
                        longitude; and not more than three 
                        nautical miles seaward from the coast, 
                        from the lines extending from headland 
                        to headland across all bays, inlets, 
                        straits, passes, sounds, and entrances, 
                        and from any island or group of 
                        islands, including the islands of the 
                        Alexander Archipelago (except Forrester 
                        Island); or
                          (ii) between the islands referred to 
                        in clause (i) (except Forrester Island) 
                        and the mainland.
          [(3) Except as otherwise provided by paragraph (2), a 
        State may not directly or indirectly regulate any 
        fishing vessel outside its boundaries, unless the 
        vessel is registered under the law of that State.]
          (3)(A) A State may regulate a fishing vessel outside 
        the boundaries of the State if the fishing vessel is 
        registered under the law of that State, and--
                  (i) there is no fishery management plan in 
                place for that fishery; or
                  (ii) if there is a fishery management plan or 
                plan amendment in place for that fishery, the 
                State's laws and regulations are consistent 
                with the purposes of that fishery management 
                plan or plan amendment.
          (B) For the purposes of this paragraph, the term 
        `registered under the law of that State' means that--
                  (i) the owner, captain, or vessel holds a 
                fishing license, or other document that is a 
                prerequisite to participating in the fishery, 
                issued by the State;
                  (ii) the vessel is numbered by the State in 
                accordance with chapter 123 of title 46, United 
                States Code; or
                  (iii) the documentation of the vessel under 
                chapter 121 of title 46, United States Code, 
                identifies the vessel's homeport as located in 
                the State.
    (b) Exception.--
          (1) If the Secretary finds, after notice and an 
        opportunity for a hearing in accordance with section 
        554 of title 5, United States Code [5 U.S.C. 554], 
        that--
                  (A) the fishing in a fishery, which is 
                covered by a fishery management plan 
                implemented under this Act, is engaged in 
                predominately within the exclusive economic 
                zone and beyond such zone; and
                  (B) any State has taken any action, or 
                omitted to take any action, the results of 
                which will substantially and adversely affect 
                the carrying out of such fishery management 
                plan;
        the Secretary shall promptly notify such State and the 
        appropriate Council of such finding and of his 
        intention to regulate the applicable fishery within the 
        boundaries of such State (other than its internal 
        waters), pursuant to such fishery management plan and 
        the regulations promulgated to implement such plan.
          (2) If the Secretary, pursuant to this subsection, 
        assumes responsibility for the regulation of any 
        fishery, the State involved may at any time thereafter 
        apply to the Secretary for reinstatement of its 
        authority over such fishery. If the Secretary finds 
        that the reasons for which he assumed such regulation 
        no longer prevail, he shall promptly terminate such 
        regulation.
          (3) If the State involved requests that a hearing be 
        held pursuant to paragraph (1), the Secretary shall 
        conduct such hearing prior to taking any action under 
        paragraph (1).
          (4) For any fishery occurring off Alaska for which 
        there is no fishery management plan approved and 
        implemented under this Act, or pursuant to a fishery 
        management plan under this Act, the State of Alaska may 
        enforce its fishing laws and regulations in the 
        exclusive economic zone off Alaska, provided there is a 
        legitimate State interest in the conservation and 
        management of the fishery, until a Federal fishery 
        management plan is implemented for any such fishery 
        which does not allow for such enforcement. Fisheries in 
        the exclusive economic zone off Alaska 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 North Pacific Council. 
        The preceding sentence shall not be construed to 
        require the North Pacific Council to unanimously vote 
        to continue a fishery management plan under which the 
        State of Alaska is already principally involved in the 
        management or enforcement of a fishery.
    (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.] processed; and
                  (C) the owner or operator of the vessel 
                submits reports on the tonnage of fish received 
                from vessels of the United States and the 
                locations from which such fish were harvested, 
                in accordance with such procedures as the 
                Secretary by regulation shall prescribe.
          (2) The Governor of a State may not grant permission 
        for a foreign fishing vessel to engage in fish 
        processing under paragraph (1)--
                  (A) for a fishery which occurs in the waters 
                of more than one State or in the exclusive 
                economic zone, except after--
                          (i) consulting with the appropriate 
                        Council and Marine Fisheries 
                        Commission, and
                          (ii) considering any comments 
                        received from the Governor of any other 
                        State where the fishery occurs; and
                  (B) if the Governor determines that fish 
                processors within the State have adequate 
                capacity, and will utilize such capacity, to 
                process all of the United States harvested fish 
                from the fishery concerned that are landed in 
                the State.
          (3) Nothing in this subsection may be construed as 
        relieving a foreign fishing vessel from the duty to 
        comply with all applicable Federal and State laws while 
        operating within the internal waters of a State 
        incident to permission obtained under paragraph (1)(B).
          (4) For purposes of this subsection--
                  (A) The term ``fish processing'' includes, in 
                addition to processing, the performance of any 
                other activity relating to fishing, including, 
                but not limited to, preparation, supply, 
                storage, refrigeration, or transportation.
                  (B) The phrase ``internal waters of a State'' 
                means all waters within the boundaries of a 
                State except those seaward of the baseline from 
                which the territorial sea is measured.
                  (C) A foreign fishing vessel shall be treated 
                as qualified for purposes of paragraph (1) if 
                the foreign nation under which it is flagged 
                will be a party to (i) a governing 
                international fishery agreement or (ii) a 
                treaty described in section 201(b) of this Act 
                (16 U.S.C. 1821(b)) [16 U.S.C. 1821(b)] during 
                the time the vessel will engage in the fish 
                processing for which permission is sought under 
                paragraph (1)(B).

Sec. 1857. Prohibited acts

    It is unlawful--
          (1) for any person--
                  (A) to violate any provision of this Act or 
                any regulation or permit issued pursuant to 
                this Act;
                  (B) to use any fishing vessel to engage in 
                fishing after the revocation, or during the 
                period of suspension, of an applicable permit 
                issued pursuant to this Act;
                  (C) to violate any provision of, or 
                regulation under, an applicable governing 
                international fishery agreement entered into 
                pursuant to section 201(c) [16 U.S.C. 1821(c)];
                  (D) to refuse to permit any officer 
                authorized to enforce the provisions of this 
                Act (as provided for in section 311 [16 U.S.C. 
                1861]) to board a fishing vessel subject to 
                such person's control for purposes of 
                conducting any search or inspection in 
                connection with the enforcement of this Act or 
                any regulation, permit, or agreement referred 
                to in subparagraph (A) or (C);
                  (E) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any such 
                authorized officer in the conduct of any search 
                or inspection described in subparagraph (D);
                  (F) to resist a lawful arrest for any act 
                prohibited by this section;
                  (G) to ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, 
                control, or possession of, any fish taken or 
                retained in violation of this Act or any 
                regulation, permit, or agreement referred to in 
                subparagraph (A) or (C);
                  (H) to interfere with, delay, or prevent, by 
                any means, the apprehension or arrest of 
                another person, knowing that such other person 
                has committed any act prohibited by this 
                section;
                  (I) to knowingly and willfully submit to a 
                Council, the Secretary, or the Governor of a 
                State false information (including, but not 
                limited to, false information regarding the 
                capacity and extent to which a United States 
                fish processor, on an annual basis, will 
                process a portion of the optimum yield of a 
                fishery that will be harvested by fishing 
                vessels of the United States) regarding any 
                matter that the Council, Secretary, or Governor 
                is considering in the course of carrying out 
                this Act;
                  (J) to ship, transport, offer for sale, sell, 
                or purchase, in interstate or foreign commerce, 
                any whole live lobster of the species Homarus 
                americanus, that--
                          (i) is smaller than the minimum 
                        possession size in effect at the time 
                        under the American Lobster Fishery 
                        Management Plan, as implemented by 
                        regulations published in part 649 of 
                        title 50, Code of Federal Regulations, 
                        or any successor to that [plan,] plan 
                        implemented under this title , or in 
                        the absence of any such plan is smaller 
                        than the minimum possession size in 
                        effect at the time under the Atlantic 
                        States Marine Fisheries Commission's 
                        American Lobster Fishery Management 
                        Plan (and, for purposes of this clause, 
                        if the Secretary withdraws the Federal 
                        plan or any successor to that plan, and 
                        the Atlantic States Marine Fisheries 
                        Commission has not implemented a plan 
                        to manage the American Lobster Fishery, 
                        the minimum possession size in effect 
                        at the time the American Lobster 
                        Fishery Management Plan was withdrawn 
                        shall remain in effect until the 
                        Atlantic States Marine Fisheries 
                        Commission implements a plan that 
                        contains a minimum possession size);
                          (ii) is bearing eggs attached to its 
                        abdominal appendages; or
                          (iii) bears evidence of the forcible 
                        removal of extruded eggs from its 
                        abdominal appendages;
                  (K) to [knowingly steal, or without 
                authorization, to] to steal or to negligently 
                and without authorization remove, damage, or 
                tamper with--
                          (i) fishing gear owned by another 
                        person, which is located in the 
                        exclusive economic zone or special 
                        areas,
                          (ii) fish contained in such fishing 
                        gear, or to attempt to do so;
                  [(L) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any 
                observer on a vessel under this Act;]
                  (L) to forcibly assault, resist, oppose, 
                impede, intimidate, sexually harass, or 
                interfere with any observer on a vessel under 
                this Act, or any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to carry out responsibilities under 
                this Act;
                  (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.] pollock; or
                  (O) to knowingly and willfully fail to 
                disclose or falsely disclose any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A).
          (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) [16 U.S.C. 1821(j)];]
                  (A) in fishing within the boundaries of any 
                State, except--
                          (i) recreational fishing permitted 
                        under section 201(i),
                          (ii) fish processing permitted under 
                        section 306(c), or
                          (iii) transshipment at sea of fish 
                        products within the boundaries of any 
                        State in accordance with a permit 
                        approved under section 
                        204(b)(6)(A)(ii);
                  (B) in fishing, except recreational fishing 
                permitted under section 201(j) [16 U.S.C. 
                1821(j)], within the exclusive economic zone 
                within the special areas[,], 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) [16 
                U.S.C. 1824(b), (c)]] 201(b), (c), or (d); or
                  (C) except as permitted under section 306(c) 
                [16 U.S.C. 1856(c)], in fish processing (as 
                defined in paragraph (4)(A) of such section [16 
                U.S.C. 1856(c)(4)(A)]) within the internal 
                waters of a State (as defined in paragraph 
                (4)(B) of such section [16 U.S.C. 
                1856(c)(4)(B)]);
          [(3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to transfer directly or indirectly, or attempt to so 
        transfer, any United States harvested fish to any 
        foreign fishing vessel, while such foreign vessel is 
        within the exclusive economic zone or special areas, 
        unless the foreign fishing vessel has been issued a 
        permit under section 204 [16 U.S.C. 1824] which 
        authorizes the receipt by such vessel of United States 
        harvested fish of the species concerned;]
          (3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to transfer at sea directly or indirectly, or attempt 
        to so transfer at sea, any United States harvested fish 
        to any foreign fishing vessel, while such foreign 
        vessel is within the exclusive economic zone or within 
        the boundaries of any State except to the extent that 
        the foreign fishing vessel has been permitted under 
        section 204(b)(6)(B) or section 306(c) to receive such 
        fish;
          (4) for any fishing vessel other than a vessel of the 
        United States to operate, and for the owner or operator 
        of a fishing vessel other than a vessel of the United 
        States to operate such vessel, in the exclusive 
        economic zone or within the boundaries of any State or 
        special areas, if--
                  (A) all fishing gear on the vessel is not 
                stored below deck or in an area where it is not 
                normally used, and not readily available, for 
                fishing; or
                  (B) all fishing gear on the vessel which is 
                not so stored is not secured and covered so as 
                to render it unusable for fishing;
        unless such vessel is authorized to engage in fishing 
        in the area in which the vessel is operating; and
          (5) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to engage in fishing in the waters of a foreign nation 
        in a manner that violates an international fishery 
        agreement between that nation and the United States 
        that has been subject to Congressional oversight in the 
        manner described in section 203 [16 U.S.C. 1823], or 
        any regulations issued to implement such an agreement; 
        except that the binding provisions of such agreement 
        and implementing regulations shall have been published 
        in the Federal Register prior to such violation.

Sec. 1858. 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 [16 U.S.C. 
1857] 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.
    (b) Review of Civil Penalty.--[Any person against whom a 
civil penalty is assessed under subsection (a) may obtain 
review thereof in the United States district court for the 
appropriate district by filing a complaint in such court within 
30 days from the date of such order and by simultaneously 
serving a copy of such complaint by certified mail on the 
Secretary, the Attorney General and the appropriate United 
States Attorney.] Any person against whom a civil penalty is 
assessed under subsection (a) or against whom a permit sanction 
is imposed under subsection (g) (other than a permit suspension 
for nonpayment of penalty or fine) may obtain review thereof in 
the United States district court for the appropriate district 
by filing a complaint against the Secretary in such court 
within 30 days from the date of such order. The Secretary shall 
promptly file in such court a certified copy of the record upon 
which such violation was found or such penalty imposed, as 
provided in section 2112 of title 28, United States Code. The 
findings and order of the Secretary shall be set aside by such 
court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5, United 
States Code.
    (c) Action Upon Failure To Pay Assessment.--If any person 
fails to pay an assessment of a civil penalty after it has 
become a final and unappealable order, or after the appropriate 
court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General of the 
United States, who shall recover the amount assessed in any 
appropriate district court of the United States. In such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
    (d) In Rem Jurisdiction.--A fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) used 
in the commission of an act prohibited by section 307 [16 
U.S.C. 1857] shall be liable in rem for any civil penalty 
assessed for such violation under section 308 [this section] 
and may be proceeded against in any district court of the 
United States having jurisdiction thereof. Such penalty shall 
constitute a maritime lien on such vessel which may be 
recovered in an action in rem in the district court of the 
United States having jurisdiction over the vessel.
    (e) Compromise or Other Action by Secretary.--The Secretary 
may compromise, modify, or remit, with or without conditions, 
any civil penalty which is subject to imposition or which has 
been imposed under this section.
    (f) Subpenas.--For the purposes of conducting any hearing 
under this section, the Secretary may issue subpenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpena served 
upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is 
found, resides, or transacts business, upon application by the 
United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear 
and give testimony before the Secretary or to appear and 
produce documents before the Secretary, or both, and any 
failure to obey such order of the court may be punished by such 
court as a contempt thereof.
    (g) Permit Sanctions.--
          (1) In any case in which (A) a vessel has been used 
        in the commission of an act prohibited under section 
        307 [16 U.S.C. 1857], (B) the owner or operator of a 
        vessel or any other person who has been issued or has 
        applied for a permit under this Act has acted in 
        violation of section 307 [16 U.S.C. 1857], or [(C) any 
        civil penalty or criminal fine imposed on a vessel or 
        owner or operator of a vessel or any other person who 
        has been issued or has applied for a permit under any 
        fishery resource law statute enforced by the Secretary 
        has not been paid and is overdue,] (C) any amount in 
        settlement of a civil forfeiture imposed on a vessel or 
        other property, or any civil penalty or criminal fine 
        imposed on a vessel or owner or operator of a vessel or 
        any other person who has been issued or has applied for 
        a permit under any marine resource law enforced by the 
        Secretary, has not been paid and is overdue, the 
        Secretary may--
                  (i) revoke any permit issued with respect to 
                such vessel or person, with or without 
                prejudice to the issuance of subsequent 
                permits;
                  (ii) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                  (iii) deny such permit; or
                  (iv) impose additional conditions and 
                restrictions on any permit issued to or applied 
                for by such vessel or person under this Act 
                and, with respect to foreign fishing vessels, 
                on the approved application of the foreign 
                nation involved and on any permit issued under 
                that application.
          (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                  (A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the 
                sanction is imposed; and
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior offenses, 
                and such other matters as justice may require.
          (3) Transfer of ownership of a vessel, by sale or 
        otherwise, shall not extinguish any permit sanction 
        that is in effect or is pending at the time of transfer 
        of ownership. Before executing the transfer of 
        ownership of a vessel, by sale or otherwise, the owner 
        shall disclose in writing to the prospective transferee 
        the existence of any permit sanction that will be in 
        effect or pending with respect to the vessel at the 
        time of the transfer.
          (4) In the case of any permit that is suspended under 
        this subsection for nonpayment of a civil penalty or 
        criminal fine, the Secretary shall reinstate the permit 
        upon payment of the penalty or fine and interest 
        thereon at the prevailing rate.
          (5) No sanctions shall be imposed under this 
        subsection unless there has been a prior opportunity 
        for a hearing on the facts underlying the violation for 
        which the sanction is imposed, either in conjunction 
        with a civil penalty proceeding under this section or 
        otherwise.

Sec. 1860. Civil forfeitures

    (a) In General.--Any fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used, and 
any fish (or the fair market value thereof) taken or retained, 
in any manner, in connection with or as a result of the 
commission of any act prohibited by section 307 [16 U.S.C. 
1857] (other than any act for which the issuance of a citation 
under section 311(c) [16 U.S.C. 1861(c)] is sufficient 
sanction) shall be subject to forfeiture to the United States. 
All or part of such vessel may, and all such fish (or the fair 
market value thereof) shall, be forfeited to the United States 
pursuant to a civil proceeding under this section.
    (b) Jurisdiction of District Courts.--Any district court of 
the United States which has jurisdiction under section 311(d) 
[16 U.S.C. 1861(d)] shall have jurisdiction, upon application 
by the Attorney General on behalf of the United States, to 
order any forfeiture authorized under subsection (a) and any 
action provided for under subsection (d).
    (c) Judgment.--If a judgment is entered for the United 
States in a civil forfeiture proceeding under this section, the 
Attorney General may seize any property or other interest 
declared forfeited to the United States, which has not 
previously been seized pursuant to this Act or for which 
security has not previously been obtained under subsection (d). 
The provisions of the customs laws relating to--
          (1) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          (2) the disposition of such property or the proceeds 
        from the sale thereof; and
          (3) the remission or mitigation of any such 
        forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this Act, unless 
such provisions are inconsistent with the purposes, policy, and 
provisions of this Act. The duties and powers imposed upon the 
Commissioner of Customs or other persons under such provisions 
shall, with respect to this Act, be performed by officers or 
other persons designated for such purpose by the Secretary.
    (d) Procedure.--
          (1) Any officer authorized to serve any process in 
        rem which is issued by a court having jurisdiction 
        under section 311(d) [16 U.S.C. 1861(d)] shall--
                  (A) stay the execution of such process; or
                  (B) discharge any fish seized pursuant to 
                such process;
        upon the receipt of a satisfactory bond or other 
        security from any person claiming such property. Such 
        bond or other security shall be conditioned upon such 
        person (i) delivering such property to the appropriate 
        court upon order thereof, without any impairment of its 
        value, or (ii) paying the monetary value of such 
        property pursuant to an order of such court. Judgment 
        shall be recoverable on such bond or other security 
        against both the principal and any sureties in the 
        event that any condition thereof is breached, as 
        determined by such court. Nothing in this paragraph may 
        be construed to require the Secretary, except in the 
        Secretary's discretion or pursuant to the order of a 
        court under section 311(d) [16 U.S.C. 1861(d)], to 
        release on bond any seized fish or other property or 
        the proceeds from the sale thereof.
          (2) Any fish seized pursuant to this Act may be sold, 
        subject to the approval and direction of the 
        appropriate court, for not less than the fair market 
        value thereof. The proceeds of any such sale shall be 
        deposited with such court pending the disposition of 
        the matter involved.
    (e) Rebuttable Presumption.--
          (1) For purposes of this section, it shall be a 
        rebuttable presumption that all fish found on board a 
        fishing vessel which is seized in connection with an 
        act prohibited by section 307 [16 U.S.C. 1857] were 
        taken or retained in violation of this Act.
          (2) For purposes of this Act, it shall be a 
        rebuttable presumption that any fish of a species which 
        spawns in fresh or estuarine waters and migrates to 
        ocean waters that is found on board a vessel is of 
        United States origin if the vessel is within the 
        migratory range of the species during that part of the 
        year to which the migratory range applies.
          (3) For purposes of this Act, it shall be a 
        rebuttable presumption that any vessel that is 
        shoreward of the outer boundary of the exclusive 
        economic zone of the United States or beyond the 
        exclusive economic zone of any nation, and that has 
        gear on board that is capable of use for large-scale 
        driftnet fishing, is engaged in such fishing.

Sec. 1861. Enforcement

    (a) Responsibility.--The provisions of this Act shall be 
enforced by the Secretary and the Secretary of the department 
in which the Coast Guard is operating. Such Secretaries may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency, including 
all elements of the Department of Defense, and of any State 
agency, in the performance of such duties.
    (b) Powers of Authorized Officers.--
          (1) Any officer who is authorized (by the Secretary, 
        the Secretary of the department in which the Coast 
        Guard is operating, or the head of any Federal or State 
        agency which has entered into an agreement with such 
        Secretaries under subsection (a)) to enforce the 
        provisions of this Act may--
                  (A) with or without a warrant or other 
                process--
                          (i) arrest any person, if he has 
                        reasonable cause to believe that such 
                        person has committed an act prohibited 
                        by section 307 [16 U.S.C. 1857];
                          (ii) board, and search or inspect, 
                        any fishing vessel which is subject to 
                        the provisions of this Act;
                          (iii) seize any fishing vessel 
                        (together with its fishing gear, 
                        furniture, appurtenances, stores, and 
                        cargo) used or employed in, or with 
                        respect to which it reasonably appears 
                        that such vessel was used or employed 
                        in, the violation of any provision of 
                        this Act;
                          (iv) seize any fish (wherever found) 
                        taken or retained in violation of any 
                        provision of this Act; and
                          (v) seize any other evidence related 
                        to any violation of any provision of 
                        this Act;
                  (B) execute any warrant or other process 
                issued by any court of competent jurisdiction; 
                and
                  (C) exercise any other lawful authority.
          (2) Subject to the direction of the Secretary, a 
        person charged with law enforcement responsibilities by 
        the Secretary who is performing a duty related to 
        enforcement of a law regarding fisheries or other 
        marine resources may make an arrest without a warrant 
        for an offense against the United States committed in 
        his presence, or for a felony cognizable under the laws 
        of the United States, if he has reasonable grounds to 
        believe that the person to be arrested has committed or 
        is committing a felony. The arrest authority described 
        in the preceding sentence may be conferred upon an 
        officer or employee of a State agency, subject to such 
        conditions and restrictions as are set forth by 
        agreement between the State agency, the Secretary, and, 
        with respect to enforcement operations within the 
        exclusive economic zone and special areas, Secretary of 
        the department in which the Coast Guard is operating.
    (c) Issuance of Citations.--If any officer authorized to 
enforce the provisions of this Act (as provided for in this 
section) finds that a fishing vessel is operating or has been 
operated in violation of any provision of this Act, such 
officer may, in accordance with regulations issued jointly by 
the Secretary and the Secretary of the department in which the 
Coast Guard is operating, issue a citation to the owner or 
operator of such vessel in lieu of proceeding under subsection 
(b). If a permit has been issued pursuant to this Act for such 
vessel, such officer shall note the issuance of any citation 
under this subsection, including the date thereof and the 
reason therefor, on the permit. The Secretary shall maintain a 
record of all citations issued pursuant to this subsection.
    (d) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under the provisions of this Act. In the 
case of [Guam, and any Commonwealth, territory, or] Guam or any 
possession of the United States in the Pacific Ocean, the 
appropriate court is the United States District Court for the 
District of Guam, except that in the case of American Samoa, 
the appropriate court is the United States District Court for 
the District of [Hawaii.] Hawaii, and except that in the case 
of the Northern Mariana Islands, the appropriate court is the 
United States District Court for the District of the Northern 
Mariana Islands. Any such court may, at any time--
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interest of 
        justice.
    (e) Payment of Storage, Care, and Other Costs.--
          (1) Notwithstanding any other provision of law, the 
        Secretary or the Secretary of the Treasury may pay from 
        sums received as fines, penalties, and forfeitures of 
        property for violations of any provisions of this Act 
        or of any other [fishery] marine resource law enforced 
        by the Secretary, including the Lacey Act Amendments of 
        1981 (16 U.S.C. 3371 et seq.)--
                  (A) the reasonable and necessary costs 
                incurred in providing temporary storage, care, 
                and maintenance of seized fish or other 
                property pending disposition of any civil or 
                criminal proceeding alleging a violation of any 
                provision of this Act or any other [fishery] 
                marine resource law enforced by the Secretary 
                with respect to that fish or other property;
                  (B) a reward of not less than 20 percent of 
                the penalty collected to any person who 
                furnishes information which leads to an arrest, 
                conviction, civil penalty assessment, or 
                forfeiture of property for any violation of any 
                provision of this Act or any other [fishery] 
                marine resource law enforced by the Secretary;
                  (C) any expenses directly related to 
                investigations and civil or criminal 
                enforcement proceedings, including any 
                necessary expenses for equipment, training, 
                travel, witnesses, and contracting services 
                directly related to such investigations or 
                proceedings;
                  (D) any valid liens or mortgages against any 
                property that has been forfeited;
                  [(E) claims of parties in interest to 
                property disposed of under section 612(b) of 
                the Tariff Act of 1930 (19 U.S.C. 1612(b)) or 
                under other provisions of the customs laws, as 
                made applicable by section 310(c) of this Act 
                [16 U.S.C. 1860(c)] to seizures made by the 
                Secretary under this Act, in amounts determined 
                by the Secretary to be applicable to such 
                claims at the time of seizure; and]
                  (E) claims of parties in interest to property 
                disposed of under section 612(b) of the Tariff 
                Act of 1930 (19 U.S.C. 1612(b)), as made 
                applicable by section 310(c) of this Act or by 
                any other marine resource law enforced by the 
                Secretary, to seizures made by the Secretary, 
                in amounts determined by the Secretary to be 
                applicable to such claims at the time of 
                seizure; and
                  (F) reimbursement to any Federal or State 
                agency, including the Coast Guard, for services 
                performed, or personnel, equipment, or 
                facilities utilized, under any agreement with 
                the Secretary entered into pursuant to 
                subsection (a), or any similar agreement 
                authorized by law.
          [(2) Any person assessed a civil penalty for, or 
        convicted of, any violation of this Act shall be liable 
        for the cost incurred in storage, care, and maintenance 
        of any fish or other property seized in connection with 
        the violation.]
          (2) Any person found in an administrative or judicial 
        proceeding to have violated this Act or any other 
        marine resource law enforced by the Secretary shall be 
        liable for the cost incurred in the sale, storage, 
        care, and maintenance of any fish or other property 
        lawfully seized in connection with the violation.
    (f) Enforcement of Northeast Multispecies Fishery 
Management Plan.--
          (1) Enforcement agreements.--Beginning not later than 
        October 1, 1993, the Secretary shall, if requested by 
        the Governor of a State represented on the New England 
        Fishery Management Council, enter into an agreement 
        under subsection (a), with each of the States 
        represented on such Council, that authorizes the marine 
        law enforcement agency of such State to perform duties 
        of the Secretary relating to enforcement of the 
        Northeast Multispecies Fishery Management Plan.
          (2) Reimbursement.--An agreement with a State under 
        this subsection shall provide, subject to the 
        availability of appropriations, for reimbursement of 
        the State for expenses incurred in detection and 
        prosecution of violations of any fishery management 
        plan approved by the Secretary.
          (3) Coast guard enforcement working group.--
                  (A) Establishment.--The Commander of the 
                First Coast Guard District shall establish an 
                informal fisheries enforcement working group to 
                improve the overall compliance with and 
                effectiveness of the regulations issued under 
                the Northeast Multispecies Fishery Management 
                Plan.
                  (B) Membership.--The working group shall 
                consist of members selected by the Commander, 
                and shall include--
                          (i) individuals who are 
                        representatives of various fishing 
                        ports located in the States represented 
                        on the New England Fishery Management 
                        Council;
                          (ii) captains of fishing vessels that 
                        operate in waters under the 
                        jurisdiction of that Council; and
                          (iii) other individuals the Commander 
                        considers appropriate.
                  (C) Non-federal status of working group 
                members.--An individual shall not receive any 
                compensation for, and shall not be considered 
                to be a Federal employee based on, membership 
                in the working group.
                  (D) Meetings.--The working group shall meet, 
                at the call of the Commander, at least 4 times 
                each year. The meetings shall be held at 
                various major fishing ports in States 
                represented on the New England Fishery 
                Management Council, as specified by the 
                Commander.
          (4) Use of fines and penalties.--Amounts available to 
        the Secretary under this Act which are attributable to 
        fines and penalties imposed for violations of the 
        Northeast Multispecies Fishery Management Plan shall be 
        used by the Secretary pursuant to this section to 
        enforce that Plan.
    (g) Enforcement in the Pacific Insular Areas.--The 
Secretary, in consultation with the Governors of the Pacific 
Insular Areas and the Western Pacific Regional Fishery 
Management Council, shall to the extent practicable support 
cooperative enforcement agreements between Federal and Pacific 
Insular Area authorities.
    (h) Annual Report on Enforcement.-- Each year at the time 
the President's budget is submitted to the Congress, the 
Secretary and the Secretary of the Department in which the 
Coast Guard is operating shall, after consultation with the 
Councils, submit a report on the effectiveness of the 
enforcement of fishery management plans and regulations to 
implement such plans under the jurisdiction of each Council, 
including--
          (1) an analysis of the adequacy of Federal personnel 
        and funding resources related to the enforcement of 
        fishery management plans and regulations to implement 
        such plans; and
          (2) recommendations to improve enforcement that 
        should be considered in developing plan amendments or 
        regulations implementing such plans.
    [(g)] (i) Definitions.--For purposes of this section--
          (1) The term ``provisions of this Act'' includes (A) 
        any regulation or permit issued pursuant to this Act, 
        and (B) any provision of, or regulation issued pursuant 
        to, any international fishery agreement under which 
        foreign fishing is authorized by section [201(b), (c) 
        [16 U.S.C. 1821(b), (c)],] 201 (b) or (c), or section 
        204(d), with respect to fishing subject to the 
        exclusive fishery management authority of the United 
        States.
          (2) The term ``violation of any provision of this 
        Act'' includes (A) the commission of any act prohibited 
        by section 307 [16 U.S.C. 1857], and (B) the violation 
        of any regulation, permit, or agreement referred to in 
        paragraph (1).

Sec. 1862. North Pacific fisheries [research plan] conservation

    (a) In General.--The North Pacific Fishery Management 
Council may prepare, in consultation with the Secretary, a 
fisheries research plan for all fisheries under the Council's 
jurisdiction except salmon fisheries which--
          (1) requires that observers be stationed on fishing 
        vessels engaged in the catching, taking, or harvesting 
        of fish and on United States fish processors fishing 
        for or processing species under the jurisdiction of the 
        Council, including the Northern Pacific halibut 
        fishery, for the purpose of collecting data necessary 
        for the conservation, management, and scientific 
        understanding of any fisheries under the Council's 
        jurisdiction; and
          (2) establishes a system of fees to pay for the costs 
        of implementing the plan.
    (b) Standards.--
          (1) Any plan or plan amendment prepared under this 
        section shall be reasonably calculated to--
                  (A) gather reliable data, by stationing 
                observers on all or a statistically reliable 
                sample of the fishing vessels and United States 
                fish processors included in the plan, necessary 
                for the conservation, management, and 
                scientific understanding of the fisheries 
                covered by the plan;
                  (B) be fair and equitable to all vessels and 
                processors;
                  (C) be consistent with applicable provisions 
                of law; and
                  (D) take into consideration the operating 
                requirements of the fisheries and the safety of 
                observers and fishermen.
          (2) Any system of fees established under this section 
        shall--
                  (A) provide that the total amount of fees 
                collected under this section not exceed the 
                combined cost of (i) stationing observers on 
                board fishing vessels and United States fish 
                processors, (ii) the actual cost of inputting 
                collected data, and (iii) assessments necessary 
                for a risk-sharing pool implemented under 
                subsection (e) of this section, less any amount 
                received for such purpose from another source 
                or from an existing surplus in the North 
                Pacific Fishery Observer Fund established in 
                subsection (d) of this section;
                  (B) be fair and equitable to all participants 
                in the fisheries under the jurisdiction of the 
                Council, including the Northern Pacific halibut 
                fishery;
                  (C) provide that fees collected not be used 
                to pay any costs of administrative overhead or 
                other costs not directly incurred in carrying 
                out the plan;
                  (D) not be used to offset amounts authorized 
                under other provisions of law;
                  (E) be expressed as a percentage, not to 
                exceed 2 percent, of the unprocessed ex-vessel 
                value of fish and shellfish harvested under the 
                jurisdiction of the Council, including the 
                Northern Pacific halibut fishery;
                  (F) be assessed against all fishing vessels 
                and United States fish processors, including 
                those not required to carry an observer under 
                the plan, participating in fisheries under the 
                jurisdiction of the Council, including the 
                Northern Pacific halibut fishery;
                  (G) provide that fees collected will be 
                deposited in the North Pacific Fishery Observer 
                Fund established under subsection (d) of this 
                section;
                  (H) provide that fees collected will only be 
                used for implementing the plan established 
                under this section; and
                  (I) meet the requirements of section 9701(b) 
                of title 31, United States Code.
    (c) Action by Secretary.--
          (1) Within 60 days after receiving a plan or plan 
        amendment from the North Pacific Council under this 
        section, the Secretary shall review such plan or plan 
        amendment and either (A) remand such plan or plan 
        amendment to the Council with comments if it does not 
        meet the requirements of this section, or (B) publish 
        in the Federal Register proposed regulations for 
        implementing such plan or plan amendment.
          (2) During the 60-day public comment period, the 
        Secretary shall conduct a public hearing in each State 
        represented on the Council for the purpose of receiving 
        public comments on the proposed regulations.
          (3) Within 45 days of the close of the public comment 
        period, the Secretary, in consultation with the 
        Council, shall analyze the public comment received and 
        publish final regulations for implementing such plan.
          (4) If the Secretary remands a plan or plan amendment 
        to the Council for failure to meet the requirements of 
        this section, the Council may resubmit such plan or 
        plan amendment at any time after taking action the 
        Council believes will address the defects identified by 
        the Secretary. Any plan or plan amendment resubmitted 
        to the Secretary will be treated as an original plan 
        submitted to the Secretary under paragraph (1) of this 
        subsection.
    (d) Fishery Observer Fund.--There is established in the 
Treasury a North Pacific Fishery Observer Fund. The Fund shall 
be available, without appropriation or fiscal year limitation, 
only to the Secretary for the purpose of carrying out the 
provisions of this section, subject to the restrictions in 
subsection (b)(2) of this section. The Fund shall consist of 
all monies deposited into it in accordance with this section. 
Sums in the Fund that are not currently needed for the purposes 
of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
    (e) Special Provisions Regarding Observers.--
          (1) The Secretary shall review--
                  (A) the feasibility of establishing a risk 
                sharing pool through a reasonable fee, subject 
                to the limitations of subsection (b)(2)(E) of 
                this section, to provide coverage for vessels 
                and owners against liability from civil suits 
                by observers, and
                  (B) the availability of comprehensive 
                commercial insurance for vessel and owner 
                liability against civil suits by observers.
          (2) If the Secretary determines that a risk sharing 
        pool is feasible, the Secretary shall establish such a 
        pool, subject to the provisions of subsection (b)(2) of 
        this section, unless the Secretary determines that--
                  (A) comprehensive commercial insurance is 
                available for all fishing vessels and United 
                States fish processors required to have 
                observers under the provisions of this section, 
                and
                  (B) such comprehensive commercial insurance 
                will provide a greater measure of coverage at a 
                lower cost to each participant.
    (f) Bycatch Reduction.--In implementing section 303(a)(11) 
and this section, the North Pacific Council shall recommend 
conservation and management measures to lower, on an annual 
basis for a period of not less than four years, the total 
amount of economic discards occurring in the fisheries under 
its jurisdiction.
    (g) Bycatch Reduction Incentives.--(1) Notwithstanding 
section 304(d), the North Pacific Council may recommend, and 
the Secretary may approve, consistent with the provisions of 
this Act, a system of fees in a fishery to provide incentives 
to reduce bycatch and bycatch rates; except that such fees 
shall not exceed one percent of the estimated annual ex-vessel 
value of the target species in the fishery. Any fees collected 
shall be deposited in the North Pacific Fishery Observer Fund, 
and may be made available by the Secretary to offset costs 
related to the reduction of bycatch in the fishery from which 
such fees were derived, including conservation and management 
measures and research, and to the State of Alaska to offset 
costs incurred by the State in the fishery from which such fees 
were derived and in which the State is directly involved in 
management or enforcement.
    (2)(A) Notwithstanding section 303(d), and in addition to 
the authority provided in section 303(b)(10), the North Pacific 
Council may recommend, and the Secretary may approve, 
conservation and management measures which provide allocations 
of regulatory discards to individual fishing vessels as an 
incentive to reduce per vessel bycatch and bycatch rates in a 
fishery, provided that--
          (i) such allocations may not be transferred for 
        monetary consideration and are made only on an annual 
        basis; and
          (ii) any such conservation and management measures 
        will meet the requirements of subsection (f) and (h) 
        and will result in an actual reduction in regulatory 
        discards in the fishery.
    (B) The North Pacific Council may recommend restrictions in 
addition to the restriction imposed by clause (i) of 
subparagraph (A) on the transferability of any such 
allocations, and the Secretary may approve such recommendation.
    (h) Catch Measurement.--(1) By June 1, 1997, the North 
Pacific Council shall recommend, and the Secretary may approve, 
consistent with the other provisions of this Act, conservation 
and management measures to ensure total catch measurement in 
each fishery under its jurisdiction. Such measures shall ensure 
the accurate enumeration, at a minimum, of target species, 
economic discards, and regulatory discards.
    (2) To the extent the measures submitted under paragraph 
(1) do not require United States fish processors and fish 
processing vessels (as defined in chapter 21 of title 46, 
United States Code) to weigh fish, the North Pacific Council 
and Secretary shall submit a plan to the Congress by January 1, 
1998, to allow for weighing, including recommendations to 
assist such processors and processing vessels in acquiring 
necessary equipment, unless the Council determines that such 
weighing is not necessary to meet the requirements of this 
subsection.
    (i) Full Retention and Utilization.--(1) The North Pacific 
Council shall submit to the Secretary by June 1, 1999, a report 
on the advisability of requiring the full retention by fishing 
vessels and full utilization by United States fish processors 
of economic discards in fisheries under its jurisdiction if 
such economic discards, or the mortality of such economic 
discards, cannot be avoided. The report shall address the 
projected impacts of such requirements on participants in the 
fishery.
    (2) The report shall address the advisability of measures 
to minimize processing waste, including standards setting 
minimum percentages which must be processed for human 
consumption. For the purpose of the report, ``processing 
waste'' means that portion of any fish which is processed and 
which could be used for human consumption or other commercial 
use, but which is not so used.

Sec. 1863. Northwest Atlantic Ocean Fisheries Reinvestment Program

    (a) Program.--
          (1) Not later than October 1, 1993, the Secretary 
        shall establish a Northwest Atlantic Ocean Fisheries 
        Reinvestment Program for the purposes of--
                  (A) promoting development of commercial 
                fisheries and markets for underutilized species 
                of the northwest Atlantic Ocean;
                  (B) developing alternative fishing 
                opportunities for participants in the New 
                England groundfish fishery;
                  (C) providing technical support and 
                assistance to United States fishermen and fish 
                processors to improve the value-added 
                processing of underutilized species and to make 
                participation in fisheries for underutilized 
                species of the northwest Atlantic Ocean 
                economically viable;
                  (D) creating new economic opportunities 
                through the improved processing and expanded 
                use of fish waste; and
                  (E) helping to restore overfished New England 
                groundfish stocks through aquaculture or 
                hatchery programs.
          (2) Consultation.--In establishing and implementing 
        the Northwest Fisheries Reinvestment Program, the 
        Secretary shall consult with representatives of the 
        commercial fishing industry, the seafood processing 
        industry, and the academic community (including the 
        National Sea Grant Program).
          (3) Activities under program.--Subject to the 
        availability of appropriations, the Secretary shall 
        award contracts, grants and other financial assistance 
        to United States citizens to carry out the purposes of 
        subsection (1), under the terms and conditions provided 
        in section 2(c) of the Act of August 11, 1939 (15 
        U.S.C. 713c-3(c); commonly referred to as the 
        ``Saltonstall-Kennedy Act''), except that, in making 
        awards under this section for projects involving 
        participation in fisheries for underutilized species, 
        the Secretary shall give the highest priority to a 
        person who owns or operates a fishing vessel permitted 
        under this Act to participate in the New England 
        groundfish fishery who agrees to surrender that permit 
        to the Secretary during the duration of the contract, 
        grant or other assistance.
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated $5,000,000 for each of 
        fiscal years 1993 through [1997] 2000 to carry out the 
        purposes of this section. For fiscal year 1993 no more 
        than $1,000,000, and for fiscal year 1994 no more than 
        $2,000,000, of such funds may be provided from monies 
        made available under section 2(b) of the Act of August 
        11, 1939 (15 U.S.C. 713c-3(b)).
    (b) Assistance of Other Agencies.--The Secretary shall 
actively seek the assistance of other Federal agencies in the 
development of fisheries for underutilized species of the 
northwest Atlantic Ocean, including, to the extent permitted by 
other applicable laws, assistance from the Secretary of 
Agriculture in including such underutilized species as 
agricultural commodities in the programs of the Foreign 
Agricultural Service for which amounts are authorized under the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public 
Law 101-624; 104 Stat. 3359).
    (c) Management Plans for Underutilized Species.--The New 
England Fishery Management Council, in consultation with other 
appropriate Councils, shall develop fishery management plans as 
soon as possible for any underutilized species of the northwest 
Atlantic Ocean that is not covered under such a plan, in order 
to prevent overfishing of that species.
    (d) Underutilized Species Defined.--For purposes of this 
section, the term ``underutilized species of the northwest 
Atlantic Ocean'' means any fish species of the northwest 
Atlantic Ocean that is identified, by the Director of the 
Northeast Fisheries Center of the National Marine Fisheries 
Service, as an underutilized species.

SEC. 315 [16 U.S.C. ????]. FISHING CAPACITY REDUCTION PROGRAMS.

    (a) In General.--(1) The Secretary, with the approval of 
the appropriate Council, may conduct a fishing capacity 
reduction program (referred to in this section as the 
``program'') in a fishery if the Secretary determines that--
          (A) the program is necessary to prevent or end 
        overfishing, rebuild stocks of fish, or adequate to 
        achieve measurable and significant improvements in the 
        conservation and management of the fishery;
          (B) the fishery management plan implemented for the 
        fishery--
                  (i) is consistent with the program objective;
                  (ii) will prevent the replacement of fishing 
                capacity removed by the program through a 
                moratorium on new entrants, restrictions on 
                vessel upgrades, and other effort control 
                measures and accounting for the full potential 
                capacity of the fleet; and
                  (iii) establishes a specified or target total 
                allowable catch that triggers closure of the 
                fishery or proportional adjustments to reduce 
                catch; and
          (C) the program is cost-effective and capable of 
        repaying any debt obligation incurred under section 
        1112 of Title XI of the Merchant Marine Act, 1936 (46 
        U.S.C. 1271 et seq.).
    (2) The objective of the program shall be to obtain the 
maximum sustained reduction in fishing capacity at the least 
cost and in a minimum period of time. To achieve that 
objective, the Secretary is authorized to pay the owners of--
          (A) permits authorizing participation in the fishery, 
        Provided that such permits are surrendered for 
        permanent revocation; or
          (B) fishing vessels, Provided that any such vessel 
        is--
                          (i) scrapped; or
                          (ii) through the Secretary of the 
                        department in which the Coast Guard is 
                        operating, subjected to title 
                        restrictions that permanently prohibit 
                        and effectively prevent its use in 
                        fishing.
    (3) Participation in the program shall be voluntary, but 
the Secretary shall ensure compliance by all who do 
participate.
    (4) The Secretary shall consult with the appropriate 
Council, other Federal agencies, appropriate regional 
authorities, affected States and fishing communities, 
participants in the fishery, conservation organizations, and 
other interested parties throughout the development and 
implementation of any program.
    (b) Program Funding.--(1) The program may be funded by any 
combination of amounts--
          (A) available under clause (iv) of section 2(b)(1)(A) 
        of the Act of August 11,1939 (15 U.S.A. 713c-
        3(b)(1)(A); Saltonstall-Kennedy Act);
          (B) appropriated for fisheries disaster relief under 
        section 316 of this Act or section 308 of the 
        Interjurisdictional Fisheries Act (16 U.S.C. 4107);
          (C) provided by an industry fee system under this 
        section and in accordance with section 1112 of title XI 
        of the Merchant Marine Act, 1936; and
          (D) provided from any State or other public sources 
        and private or non-profit organizations.
    (2) All funds for the program, including any fees 
established under subsection (c), shall be paid into the 
fishing capacity reduction fund established under section 1112 
of title XI of the Merchant Marine Act, 1936.
    (c) Industry Fee System.--(1)(A) If an industry fee system 
is necessary to fund the program, the Secretary, with the 
approval of the appropriate Council, may conduct a referendum 
on such system. Prior to the referendum, the Secretary, in 
consultation with the Council, shall--
          (i) identify, to the extent practicable, and notify 
        all permit or vessel owners who would be affected by 
        the program and who meet eligibility requirements for 
        participation in the referendum; and
          (ii) make available to such owners information about 
        the industry fee system describing the schedule and 
        procedures for the referendum, the proposed program, 
        and the amount and duration and any other terms and 
        conditions of the fee system.
    (B) The industry fee system shall be considered approved if 
the referendum votes which are cast in favor of the proposed 
system constitute a two-thirds majority of the participants 
voting.
    (2) Notwithstanding section 304(d) and consistent with an 
approved industry fee system, the Secretary is authorized to 
establish such a system to fund the program and repay debt 
obligations incurred pursuant to section 1112 of title XI of 
the Merchant Marine Act, 1936. The fees for a program under 
this section shall--
          (A) be established by the Secretary and adjusted from 
        time to time as the Secretary determines necessary to 
        ensure the availability of sufficient funds to repay 
        such debt obligations;
          (B) not exceed 5 percent of the gross sale proceeds 
        of all fish landed from the fishery for which the 
        program is established;
          (C) be deducted by the first ex-vessel fish purchaser 
        from the gross fish sales proceeds otherwise payable to 
        the seller and accounted for and forwarded by such fish 
        purchasers to the Secretary in such manner as the 
        Secretary may establish; and
          (D) be in effect only until such time as the debt 
        obligation has been fully paid.
    (d) Implementation Plan.--(1) The Secretary, in 
consultation with the appropriate Council and other interested 
parties, shall prepare and publish in the Federal Register for 
a 60-day public comment period, an implementation plan for each 
program. The implementation plan shall--
          (A) define criteria for determining types and numbers 
        of vessels which are eligible for participation in the 
        program taking into account characteristics of the 
        fishery, the requirements of applicable fishery 
        management plans, the needs of fishing communities, any 
        strategy developed under section 316, and the need to 
        minimize program costs; and
          (B) establish procedures for program participation 
        (such as submission of owner bid under an auction 
        system or fair market-value assessment) including any 
        terms and conditions for participation which the 
        Secretary deems to be reasonably necessary to meet the 
        goals of the program;
    (2) During the 60-day public comment period--
                  (A) the Secretary shall conduct a public 
                hearing in each State affected by the program; 
                and
                  (B) the appropriate Council shall submit its 
                comments and recommendations, if any, regarding 
                the plan and regulations.
    (3) Within 45 days after the close of the public comment 
period, the Secretary, in consultation with the appropriate 
Council, shall analyze the public comment received and publish 
in the Federal Register a final implementation plan for the 
program and regulations for its implementation. The Secretary 
may not adopt a final implementation plan involving industry 
fees or debt obligation unless an industry fee system has been 
approved by a referendum under this section.

SEC. 316 [16 U.S.C. ????]. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) Sustainable Development Strategy.--(1) At the 
discretion of the Secretary or at the request of the Governor 
of an affected State or a fishing community, the Secretary, in 
consultation with the Councils and Federal agencies, as 
appropriate, may work with regional authorities, affected 
States, fishing communities, the fishing industry, conservation 
organizations, and other interested parties, to develop a 
sustainable development strategy for any fishery identified as 
overfished under section 304(d) or determined to be a 
commercial fishery failure under this section or any other 
Federal fishery for which a fishery management plan is being 
developed or amended under section 303.
    (2) Such sustainable development strategy shall--
          (A) develop a balanced and comprehensive long-term 
        plan to guide the transition to a sustainable fishery 
        and the development of fishery management plan under 
        section 303 or a fishery rebuilding effort under 
        section 304(d) which--
                  (i) takes into consideration the economic, 
                social, and environmental factors affecting the 
                fishery;
                  (ii) identifies alternative economic 
                opportunities; and
                  (iii) establishes long-term objectives for 
                the fishery including vessel types and sizes, 
                harvesting and processing capacity, and optimal 
                fleet size;
          (B) identify Federal and State programs which can be 
        used to provide assistance to fishing communities 
        during development and implementation of a fishery 
        recovery effort; and
          (C) establish procedures to implement such a plan and 
        facilitate consensus and coordination in regional 
        decision-making;
    (3) The Secretary shall complete and submit to the Congress 
a report on any sustainable development strategy developed 
under this section within 6 months after it is developed and 
annually thereafter.
    (b) Fisheries Disaster Relief.--(1) At the discretion of 
the Secretary or at the request of the Governor of an affected 
State or a fishery community, the Secretary shall determine 
whether there is a commercial fishery failure due to a fishery 
resource disaster as a result of--
    (A) natural causes;
    (B) man-made causes beyond the control of fishery managers 
to mitigate through conservation and management measures; or
    (C) undetermined causes.
    (2) Upon the determination under paragraph (1) that there 
is a commercial fishery failure, the Secretary is authorized to 
make sums available to be used by the affected State, fishing 
community, or by the Secretary in cooperation with the affected 
State or fishing community for assessing the economic and 
social effects of the commercial fishery failure, or any 
activity that the Secretary determines is appropriate to 
restore the fishery or prevent a similar failure in the future 
and to assist a fishing community affected by such failure. 
Before making funds available for an activity authorized under 
this section, the Secretary shall make a determination that 
such activity will not expand the size or scope of the 
commercial fishery failure into other fisheries or other 
geographic regions.
    (3) The Federal share of the cost of any activity carried 
out under the authority of this section shall not exceed 75 
percent of the cost of that activity.
    (4) There are authorized to be appropriated to the 
Secretary such sums as are necessary for each of the fiscal 
years 1995, 1996, 1997, 1998, 1999, and 2000.
          * * * * * * *
``Sec. 315. Transition to sustainable fisheries
``Sec. 316. Fisheries disaster relief

               ``TITLE IV--FISHERY MONITORING AND RESEARCH

``Sec. 401. Registration and data management
``Sec. 402. Data collection
``Sec. 403. Observers
``Sec. 404. Fisheries research
``Sec. 405. Incidental harvest research
``Sec. 406. Fisheries ecosystem management research
``Sec. 407. Gulf of Mexico red snapper research

               Title IV--Fishery Monitoring and Research

SEC. 401. [16 U.S.C. ????] REGISTRATION AND DATA MANAGEMENT.

    (a) Standardized Fishing Vessel Registration and Data 
Management System.--The Secretary shall, in cooperation with 
the Secretary of the department in which the Coast Guard is 
operating, the States, the Councils, and Marine Fisheries 
Commissions, develop recommendations for implementation of a 
standardized fishing vessel registration and data management 
system on a regional basis. The proposed system shall be 
developed after consultation with interested governmental and 
nongovernmental parties and shall--
          (1) be designed to standardize the requirements of 
        vessel registration and data collection systems 
        required by this Act, the Marine Mammal Protection Act 
        (16 U.S.C. 1361 et seq.), and any other marine resource 
        law implemented by the Secretary, and, with the 
        permission of a State, any marine resource law 
        implemented by such State;
          (2) integrate programs under existing fishery 
        management plans into a nonduplicative data collection 
        and management system;
          (3) avoid duplication of existing state, tribal, or 
        federal systems (other than a federal system under 
        paragraph (1)) and utilize, to the maximum extent 
        practicable, information collected from existing 
        systems;
          (4) provide for implementation through cooperative 
        agreements with, appropriate State, regional, or tribal 
        entities and Marine Fisheries Commissions;
          (5) provide for authorization of funding (subject to 
        appropriations) to assist appropriate State, regional, 
        or tribal entities and Marine Fisheries Commissions in 
        implementation;
          (6) establish standardized units of measurement, 
        nomenclature, and formats for the collection and 
        submission of information;
          (7) minimize the paperwork required for vessels 
        registered under the system;
          (8) include all species of fish within the geographic 
        areas of authority of the Councils and all fishing 
        vessels including vessels carrying a passenger for hire 
        engaged in recreational fishing, except for private 
        recreational fishing vessels used exclusively for 
        pleasure;
          (9) require United States fish processors, and fish 
        dealers and other first ex-vessel purchasers of fish 
        that are subject to the proposed system to submit data 
        (other than economic data) which may be necessary to 
        meet the goals of the proposed system; and
          (10) prescribe procedures necessary to ensure--
                  (A) the confidentiality of information 
                collected under this section in accordance with 
                section 402(b); and
                  (B) the timely release or availability to the 
                public of complete and accurate information 
                collected under this section.
    (b) Fishing Vessel Registration.--The registration system 
should, at a minimum, obtain the following information for each 
fishing vessel--
          (1) the name and official number or other 
        identification, together with the name and address of 
        the owner or operator or both;
          (2) gross tonnage, vessel capacity, type and quantity 
        of fishing gear, mode of operation (catcher, catcher 
        processor or other), and such other pertinent 
        information with respect to vessel characteristics as 
        the Secretary may require; and
          (3) identification (by species, gear type, geographic 
        area of operations, and season) of the fisheries in 
        which the fishing vessel participates.
    (c) Fishery Information.--The data management system 
should, at a minimum, provide basic fisheries performance data 
for each fishery, including--
          (1) the number of vessels participating in the 
        fishery including vessels carrying a passenger for hire 
        engaged in recreational fishing;
          (2) the time period in which the fishery occurs;
          (3) the approximate geographic location, or official 
        reporting area where the fishery occurs;
          (4) a description of fishing gear used in the 
        fishery, including the amount and type of such gear and 
        the appropriate unit of fishery effort; and
          (5) other such data as required under subsection 
        303(a)(5).
    (d) Definition.--For the purposes of this section, the term 
``passenger for hire'' shall have the same meaning as the 
definition for such term in section 2102(21a) of title 46, 
United States Code.
    (e) Use of Registration.--Any registration under this 
section shall not be considered a permit for the purposes of 
this Act, and the Secretary may not revoke, suspend, deny, or 
impose any other conditions or restrictions on any such 
registration or the use of such registration under this Act.
    (f) Public Comment.--Within one year after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
publish in the Federal Register for a 60-day public comment 
period, a proposal that would provide for implementation of a 
standardized fishing vessel registration and data collection 
system that meets the requirements of subsections (a) through 
(c). The proposal shall include--
          (1) a description of the arrangements for 
        consultation and cooperation with the department in 
        which the Coast Guard is operating, the States, the 
        Councils, Marine Fisheries Commissions, the fishing 
        industry and other interested parties; and
          (2) any proposed regulations or legislation necessary 
        to implement the proposal.
    (g) Congressional Transmittal.--Within 60 days after the 
end of the comment period and after consideration of comments 
received under subsection (d), the Secretary shall transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives a proposal for implementation of a national 
fishing vessel registration system that includes--
          (1) any modifications made after comment and 
        consultation;
          (2) a proposed implementation schedule; and
          (3) recommendations for any such additional 
        legislation as the Secretary considers necessary or 
        desirable to implement the proposed system.
    (h) Report to Congress.--Within 15 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
report to Congress on the need to include private recreational 
fishing vessels used exclusively for pleasure into a national 
fishing vessel registration and data collection system. In 
preparing its report, the Secretary shall cooperate with the 
Secretary of the department in which the Coast Guard is 
operating, the States, the Councils, and Marine Fisheries 
Commissions, and consult with governmental and nongovernmental 
parties.

[SEC. 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. 402. [16 U.S.C. ????] DATA COLLECTION.

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

[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. 403. [16 U.S.C. ????] OBSERVERS.

    (a) Guidelines for Carrying Observers.-- Within one year of 
the date of enactment of the Sustainable Fisheries Act, the 
Secretary shall promulgate regulations, after notice and public 
comment, for fishing vessels that carry observers. The 
regulations shall include guidelines for determining--
          (1) when a vessel is not required to carry an 
        observer on board because the facilities of such vessel 
        for the quartering of an observer, or for carrying out 
        observer functions, are so inadequate or unsafe that 
        the health or safety of the observer or the safe 
        operation of the vessel would be jeopardized; and
          (2) actions which vessel owners or operators may 
        reasonably be required to take to render such 
        facilities adequate and safe.
    (b) Training.--The Secretary, in cooperation with the 
appropriate States and the National Sea Grant College Program, 
shall--
          (1) establish programs to ensure that each observer 
        receives adequate training in collecting and analyzing 
        data necessary for the conservation and management 
        purposes of the fishery to which such observer is 
        assigned; and
          (2) require that an observer demonstrate competence 
        in fisheries science and statistical analysis at a 
        level sufficient to enable such person to fulfill the 
        responsibilities of the position;
          (3) ensure that an observer has received adequate 
        training in basic vessel safety; and
          (4) make use of university training facilities and 
        resources, where possible, in carrying out this 
        subsection.
    (c) Wages as Maritime Liens.--Claims for observers' wages 
shall be considered maritime liens against the vessel and be 
accorded the same priority as seamen's liens under admiralty 
and general maritime law.
    (d) Observer Status.--(1) An observer on a vessel and under 
contract to carry out responsibilities under this Act or the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
shall be deemed to be a Federal employee for the purpose of 
compensation for work injuries under the Federal Employee 
Compensation Act (5 U.S.C. 8101 et seq.)
    (2) Paragraph (1) does not apply if the observer is engaged 
by the owner, master, or individual in charge of the vessel to 
perform any duties in service to the vessel.

[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 establihsed pursuant to the 
Act of October 14, 1966.'' and inserting in lieu thereof ``the 
waters included with 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. 404. [16 U.S.C. ????] FISHERIES RESEARCH.

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

[SEC. 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 establihsed 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.''.]

SEC. 405. [16 U.S.C. ????] INCIDENTAL HARVEST RESEARCH.

    (a) Collection of Data.--Within 9 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary 
shall, after consultation with the Gulf of Mexico Fishery 
Management Council and South Atlantic Fishery Management 
Council, conclude the collection of data in the program to 
assess the impact on fishery resources of incidental harvest by 
the shrimp trawl fishery within the authority of such Councils. 
Within the same time period, the Secretary shall make available 
to the public aggregated summaries of data collected prior to 
June 30, 1994 under such program.
    (b) Identification of Stock.--The program concluded 
pursuant to subsection (a) shall provide for the identification 
of stocks of fish which are subject to significant incidental 
harvest in the course of normal shrimp trawl fishing activity.
    (c) Collection and Assessment of Specific Stock Data.-- For 
stocks of fish identified pursuant to subsection (b), with 
priority given to stocks which (based upon the best available 
scientific information) are considered to be overfished, the 
Secretary shall conduct--
          (1) a program to collect and evaluate data on the 
        nature and extent (including the spatial and temporal 
        distribution) of incidental mortality of such stocks as 
        a direct result of shrimp trawl fishing activities;
          (2) an assessment of the status and condition of such 
        stocks, including collection of information which would 
        allow the estimation of life history parameters with 
        sufficient accuracy and precision to support sound 
        scientific evaluation of the effects of various 
        management alternatives on the status of such stocks; 
        and
          (3) a program of data collection and evaluation for 
        such stocks on the magnitude and distribution of 
        fishing mortality and fishing effort by sources of 
        fishing mortality other than shrimp trawl fishing 
        activity.
    (d) Bycatch Reduction Program.--Not later than twelve 
months after the enactment of the Sustainable Fisheries Act, 
the Secretary shall, in cooperation with affected interests, 
and based upon the best scientific information available, 
complete a program to--
          (1) develop technological devices and other changes 
        in fishing operations necessary and appropriate to 
        minimize the incidental mortality of bycatch in the 
        course of shrimp trawl activity to the extent 
        practicable, taking into account the level of bycatch 
        mortality in the fishery on November 28, 1990;
          (2) evaluate the ecological impacts and the benefits 
        and costs of such devices and changes in fishing 
        operations; and
          (3) assess whether it is practicable to utilize 
        bycatch which is not avoidable.
    (e) Report to Congress.--The Secretary shall, within one 
year of completing the programs required by this section, 
submit a detailed report on the results of such programs to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives.
    (f) Implementation Criteria.-- Any conservation and 
management measure implemented under this Act to reduce the 
incidental mortality of bycatch in the course of shrimp trawl 
fishing must be consistent with--
          (1) measures applicable to fishing throughout the 
        range of the bycatch species concerned; and
          (2) the need to avoid any serious adverse 
        environmental impacts on such bycatch species or the 
        ecology of the affected area.

[Sec. 1882. 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.]

SEC. 406. [16 U.S.C. ????] FISHERIES ECOSYSTEM MANAGEMENT RESEARCH.

    (a) Establishment of Panel.--Not later than 180 days after 
the enactment of the Sustainable Fisheries Act, the Secretary 
shall establish a fisheries ecosystem management advisory panel 
under this Act to develop recommendations to expand the 
application of ecosystem principles in fishery conservation and 
management activities.
    (b) Panel Membership.--The advisory panel shall consist of 
not more than 20 individuals and include--
          (1) individuals with expertise in the structures, 
        functions, and physical and biological characteristics 
        of ecosystems; and
          (2) representatives from the Councils, States, 
        fishing industry, conservation organizations, or others 
        with expertise in the management of marine resources.
    (c) Recommendations.--Prior to selecting advisory panel 
members, the Secretary shall, with respect to panel members 
described in subsection (b)(1), solicit recommendations from 
the National Academy of Sciences.
    (d) Ecosystem Report.--Within two years of the date of 
enactment of this Act, the Secretary shall submit to the 
Congress a completed report of the fisheries ecosystem 
management advisory panel, which shall include--
          (1) an analysis of the extent to which ecosystem 
        principles are being applied in fishery conservation 
        and management activities, including research 
        activities;
          (2) proposed actions by the Secretary and by the 
        Congress that should be undertaken to expand the 
        application of ecosystem principles in fishery 
        conservation and management; and
          (3) such other information as may be appropriate.
    (e) Procedural Matter.--The procedural matters under 
section 302(j) with respect to advisory panels shall apply to 
the Fisheries Ecosystem Management advisory panel.

SEC. 407. [16 U.S.C. ????] GULF OF MEXICO RED SNAPPER RESEARCH.

    (a) The Secretary of Commerce Shall Ensure That.--
          (1) no later than one year after the effective date 
        of the Sustainable Fisheries Act, an independent peer 
        review is completed of whether--
                  (A) the fishery statistics of the Secretary 
                concerning the red snapper fishery in the Gulf 
                of Mexico accurately and completely account for 
                all commercial and recreational harvests and 
                fishing effort on the stock;
                  (B) the scientific methods, data and models 
                used by the Secretary to assess the status and 
                trends of the Gulf of Mexico red snapper stock 
                are appropriate under this Act;
                  (C) the scientific information upon which the 
                fishery management plan for red snapper in the 
                Gulf of Mexico is based is appropriate under 
                this Act;
                  (D) the management measures in the fishery 
                management plan for red snapper in the Gulf of 
                Mexico are appropriate for conserving and 
                managing the red snapper fishery under this 
                Act; and
                  (E) the benefits and costs of establishing an 
                individual fishing quota program for the red 
                snapper fishery in the Gulf of Mexico and 
                reasonable alternatives thereto have been 
                properly evaluated under this Act; and
          (2) commercial and recreational fishermen in the red 
        snapper fishery in the Gulf of Mexico are provided an 
        opportunity to--
                  (A) participate in the peer review under 
                paragraph (1); and
                  (B) provide information to the Secretary of 
                Commerce in connection with the review of 
                fishery statistics under paragraph (a)(1) 
                without being subject to penalty under this Act 
                or other applicable law for any past violation 
                of a requirement to report such information to 
                the Secretary of Commerce.
    (b) The Secretary of Commerce shall submit a detailed 
written report on the findings of the peer review conducted 
under subsection (a)(1) to the Gulf of Mexico Fishery 
Management Council no later than one year after the effective 
date of the Sustainable Fisheries Act.

               CHAPTER 61. INTERJURISDICTIONAL FISHERIES

Sec. 4107. Authorization of appropriations

    [(a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to 
carry out the purposes of this title $5,000,000 for each of the 
fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995.]
    (a) General Appropriations.--There are authorized to be 
appropriated to the Department of Commerce for apportionment to 
carry out the purposes of this title--
          (1) $3,400,000 for fiscal year 1996;
          (2) $3,900,000 for fiscal year 1997;
          (3) $4,400,000 for fiscal years 1998, 1999, and 2000.
    (b) Additional Appropriations.--In addition to the amounts 
authorized in subsection (a), there are authorized to be 
appropriated to the Department of Commerce $65,000,000 for each 
of the fiscal years [1994 and 1995,] 1994, 1995, 1996, 1997, 
1998, 1999, and 2000 which shall be available in such amounts 
as the Secretary may determine appropriate for the purposes of 
this title; except that--
          (1) in providing funds to States under this 
        subsection, the Secretary shall give a preference to 
        those States regarding which the Secretary determines 
        there is a commercial fishery failure or serious 
        disruption affecting future production due to a fishery 
        resource disaster arising from natural or undetermined 
        causes, and any sums made available under this 
        subsection may be used either by the States or directly 
        by the Secretary in cooperation with the States for any 
        purpose that the Secretary determines is appropriate to 
        restore the fishery affected by such a failure or to 
        prevent a similar failure in the future;
          (2) the funds authorized to be appropriated under 
        this subsection shall not be available to the Secretary 
        for use as grants for chartering fishing vessels; and
          (3) the Federal share of the cost of any activity 
        carried out with an amount appropriated under the 
        authority of this subsection shall be 75 percent of the 
        cost of that activity.

Amounts appropriated under this subsection shall remain 
available until expended.
    (c) Development of Management Plans.--In addition to the 
amounts authorized under subsections (a) and (b), there are 
authorized to be appropriated to the Department of Commerce 
[$350,000 for each of the fiscal years 1989, 1990, 1991, 1992, 
and 1993, and $600,000 for each of the fiscal years 1994 and 
1995,] $650,000 for fiscal year 1996, $700,000 for fiscal year 
1997, $750,000 for fiscal years 1998, 1999, and 2000, to 
support the efforts of the following interstate commissions to 
develop interstate fishery management plans for 
interjurisdictional fishery resources:
          (1) The commission established by the Atlantic States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 77-539 (56 Stat. 267), approved May 4, 
        1942.
          (2) The commission established by the Pacific Marine 
        Fisheries Compact, as consented to and approved by 
        Public Law 80-232 (61 Stat. 419), approved July 24, 
        1947.
          (3) The commission established by the Gulf States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 81-66 (63 Stat. 70), approved May 19, 
        1949.
    (d) Grants to Commercial Fishermen.--
          (1) In addition to the amounts authorized under 
        subsections (a), (b), and (c), there are authorized to 
        be appropriated to the Department of Commerce 
        $65,000,000 for fiscal year 1992 to enable the 
        Secretary to [award grants to persons engaged in 
        commercial fisheries, for uninsured losses determined 
        by the Secretary to have been suffered] assist persons 
        engaged in commercial fisheries, either directly 
        through assistance to persons or indirectly through 
        assistance to State and local government agencies and 
        non-profit organizations, for projects or other 
        measures designed to alleviate impacts determined by 
        the Secretary to have been incurred as a direct result 
        of a fishery resource disaster arising from Hurricane 
        Hugo, Hurricane Andrew, Hurricane Iniki, or any other 
        natural disaster. Amounts appropriated under this 
        subsection shall remain available until expended.
          (2) The Secretary shall determine the extent, and the 
        beginning and ending dates, of any fishery resource 
        disaster under this subsection.
          (3) Eligibility for [a grant] assistance under this 
        [subsection] subsection, if provided directly to a 
        person, shall be limited to any person that has less 
        than $2,000,000 in [gross revenues annually,] net 
        annual revenue from commercial fisheries, as determined 
        by the Secretary.
          [(4) A person may receive a grant under this 
        subsection for up to 75 percent of any uninsured 
        commercial fishery loss resulting from such a fishery 
        resource disaster (to the extent that such losses have 
        not been compensated by other Federal and State 
        programs), but shall receive no more than $100,000 in 
        the aggregate for all such losses suffered as a result 
        of any particular fishery resource disaster.]
          (4) Assistance may not be provided under this 
        subsection as part of a fishing capacity reduction 
        program in a fishery unless the Secretary determines 
        that--
                  (A) adequate conservation and management 
                measures are in place in that fishery; and
                  (B) adequate measures are in place to prevent 
                the replacement of fishing capacity eliminated 
                by the program in that fishery.
          (5) The Secretary shall establish, after notice and 
        opportunity for public comment, appropriate 
        limitations, terms, and conditions for awarding grants 
        under this subsection, including provisions specifying 
        the means by which applicants must demonstrate claimed 
        losses and limiting the aggregate amounts that may be 
        paid to persons that are affiliated with each other or 
        under common ownership.
          (6) As used in this subsection, the term ``person'' 
        means any individual or any corporation, partnership, 
        trust, association, or other nongovernmental entity.

     CHAPTER 71. ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

Sec.  5102. Definitions

    In this title, the following definitions apply:
          (1) The term ``coastal fishery management plan'' 
        means a plan for managing a coastal fishery resource, 
        or an amendment to such plan, prepared and adopted by 
        the Commission, that--
                  (A) contains information regarding the status 
                of the resource and related fisheries; and
                  (B) specifies conservation and management 
                actions to be taken by the [States; and] 
                States.
                  [(C) recommends actions to be taken by the 
                Secretary in the exclusive economic zone to 
                conserve and manage the fishery.]
          (2) The term ``coastal fishery resource'' means any 
        fishery, any species of fish, or any stock of fish that 
        moves among, or is broadly distributed across, waters 
        under the jurisdiction of two or more States or waters 
        under the jurisdiction of one or more States and the 
        exclusive economic zone.
          (3) The term ``Commission'' means the Atlantic States 
        Marine Fisheries Commission established under the 
        interstate compact consented to and approved by the 
        Congress in Public Laws 77-539 and 81-721.
          (4) The term ``conservation'' means the restoring, 
        rebuilding, and maintaining of any coastal fishery 
        resource and the marine environment, in order to assure 
        the availability of coastal fishery resources on a 
        long-term basis.
          (5) The term ``Councils'' means Regional Fishery 
        Management Councils established under section 302 of 
        the Magnuson Fishery Conservation and Management Act 
        (16 U.S.C. 1852).
          (6) The term ``exclusive economic zone'' means the 
        exclusive economic zone of the United States 
        established by Proclamation Number 5030, dated March 
        10, 1983 [16 U.S.C. 1453 note]. For the purposes of 
        this title, the inner boundary of that zone is a line 
        coterminous with the seaward boundary of each of the 
        coastal States, and the outer boundary of that zone 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.
          (7) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal life 
        other than marine mammals and birds.
          (8) The term ``fishery'' means--
                  (A) one or more stocks of fish that can be 
                treated as a unit for purposes of conservation 
                and management and that are identified on the 
                basis of geographical, scientific, technical, 
                commercial, recreational, or economic 
                characteristics; or
                  (B) any fishing for such stocks.
          (9) The term ``fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish;
                  (B) the attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity that can be reasonably 
                expected to result in the catching, taking, or 
                harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research 
        activity or the catching, taking, or harvesting of fish 
        in an aquaculture operation.
          (10) The term ``implement and enforce'' means to 
        enact and implement laws or regulations as required to 
        conform with the provisions of a coastal fishery 
        management plan and to assure compliance with such laws 
        or regulations by persons participating in a fishery 
        that is subject to such plan.
          (11) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (12) The term ``Secretary'' means the Secretary of 
        Commerce.
          (13) The term ``State'' means Maine, New Hampshire, 
        Massachusetts, Rhode Island, Connecticut, New York, New 
        Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
        North Carolina, South Carolina, Georgia, Florida, the 
        District of Columbia, or the Potomac River Fisheries 
        Commission.

Sec. 5103. State-Federal cooperation in Atlantic coastal fishery 
                    management

    (a) Federal Support for State Coastal Fisheries Programs.--
The Secretary in cooperation with the Secretary of the Interior 
shall develop and implement a program to support the interstate 
fishery management efforts of the Commission. The program shall 
include activities to support and enhance State cooperation in 
collection, management, and analysis of fishery data; law 
enforcement; habitat conservation; fishery research, including 
biological and socioeconomic research; and fishery management 
planning.
    (b) Federal Regulation in Exclusive Economic Zone.--
          (1) In the absence of an approved and implemented 
        fishery management plan under the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.), and after consultation with the appropriate 
        Councils, the Secretary may implement regulations to 
        govern fishing in the exclusive economic zone that 
        are--
                  (A) [necessary to support] compatible with 
                the effective implementation of a coastal 
                fishery management plan; and
                  (B) consistent with the national standards 
                set forth in section 301 of the Magnuson 
                Fishery Conservation and Management Act (16 
                U.S.C. 1851).
        The regulations may include measures recommended by the 
        Commission to the Secretary that are necessary to 
        support the provisions of the coastal fishery 
        management plan. Regulations issued by the Secretary to 
        implement an approved fishery management plan prepared 
        by the appropriate Councils or the Secretary under the 
        Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.) shall supersede any conflicting 
        regulations issued by the Secretary under this 
        subsection.
          (2) The provisions of sections 307, 308, 309, 310, 
        and 311 of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 
        1861) regarding prohibited acts, civil penalties, 
        criminal offenses, civil forfeitures, and enforcement 
        shall apply with respect to regulations issued under 
        this subsection as if such regulations were issued 
        under the Magnuson Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.).

Sec. 5108. Authorization of appropriations

    To carry out the provisions of this title, there are 
authorized to be appropriated $3,000,000 for fiscal year 1994, 
$5,000,000 for fiscal year 1995, [and] $7,000,000 for fiscal 
year [1996.] 1996, and $7,000,000 for each of fiscal years 
1997, 1998, 1999, and 2000.
          * * * * * * *

                 TITLE 46, UNITED STATES CODE, APPENDIX

                    Federal Ship Mortgage Insurance

    Sec. 1111. (a) Pursuant to the authority granted under 
section 1103(a) of this title, the Secretary may, under such 
terms and conditions as the Secretary shall prescribe by 
regulation, guarantee and make commitments to guarantee the 
principal of, and interest on, obligations which aid in 
refinancing, in a manner consistent with the reduced cash flows 
available to obligors because of reduced harvesting allocations 
during implementation of a fishery recovery effort, existing 
obligations relating to fishing vessels or fishery facilities. 
Guarantees under this section shall be subject to all other 
provisions of this title not inconsistent with the provisions 
of this section. The provisions of this section shall, 
notwithstanding any other provisions of this title, apply to 
guarantees under this section.
    (b) Obligations eligible to be refinanced under this 
section shall include all obligations which financed or 
refinanced any expenditures associated with the ownership or 
operation of fishing vessels or fishery facilities, including 
but not limited to expenditures for reconstructing, 
reconditioning, purchasing, equipping, maintaining, repairing, 
supplying, or any other aspect whatsoever of operating fishing 
vessels or fishery facilities, excluding only such 
obligations--
          (1) which were not in existence prior to the time the 
        Secretary approved a fishery rebuilding effort eligible 
        for guarantees under this section and whose purpose, in 
        whole or in part, involved expenditures which resulted 
        in increased vessel harvesting capacity; and
          (2) as may be owed by an obligor either to any 
        stockholder, partner, guarantor, or other principal of 
        such obligor or to any unrelated party if the purpose 
        of such obligation had been to pay an obligor's 
        preexisting obligation to such stockholder, partner, 
        guarantor, or other principal of such obligor.
    (c) The Secretary may refinance up to 100 percent of the 
principal of, and interest on, such obligations, but, in no 
event, shall the Secretary refinance an amount exceeding 75 
percent of the unencumbered (after deducting the amount to be 
refinanced by guaranteed obligations under this section) market 
value, as determined by an independent marine surveyor or other 
competent person for a fishery facility, of the fishing vessel 
or fishery facility to which such obligations relate plus 75 
percent of the unencumbered (including but not limited to 
homestead exemptions) market value, as determined by an 
independent marine surveyor, of all other supplementary 
collateral. The Secretary shall do so regardless of--
          (1) any fishing vessel or fishery facility's actual 
        cost or depreciated actual cost; and
          (2) any limitations elsewhere in this title on the 
        amount of obligations to be guaranteed or such amount's 
        relationship to actual cost or depreciated actual cost.
    (d) Obligations guaranteed under this section shall have 
such maturity dates and other provisions as are consistent with 
the intent and purpose of this section (including but not 
limited to provisions for obligors to pay only the interest 
accruing on the principal of such obligations during the period 
in which fisheries stocks are recovering, with the principal 
and interest accruing thereon being fully amortized between the 
date stock recovery is projected to be completed and the 
maturity date of such obligations).
    (e) No provision of section 1104A(d) of this title shall 
apply to obligations guaranteed under this section.
    (f) The Secretary shall neither make commitments to 
guarantee nor guarantee obligations under this section unless--
          (1) the Secretary has first approved the fishery 
        rebuilding effort for the fishery in which vessels 
        eligible for the guarantee of obligations under this 
        section are participants and has determined that such 
        guarantees will have no adverse impacts on other 
        fisheries in the region;
          (2) the Secretary has considered such factors as--
                  (A) the projected degree and duration of 
                reduced fisheries allocations;
                  (B) the projected reduction in fishing vessel 
                and fishery facility cash flows;
                  (C) the projected severity of the impact on 
                fishing vessels and fishery facilities;
                  (D) the projected effect of the fishery 
                rebuilding effort;
                  (E) the provisions of any related fishery 
                management plan under the Magnuson Fishery 
                Conservation and Management Act (16 U.S.C. 1801 
                et seq.); and
                  (F) the need for and advisability of 
                guarantees under this section;
          (3) the Secretary finds that the obligation to be 
        guaranteed will, considering the projected effect of 
        the fishery recovery effort involved and all other 
        aspects of the obligor, project, property, collateral, 
        and any other aspects whatsoever of the obligation 
        involved, constitute, in the Secretary's opinion, a 
        reasonable prospect of full repayment; and
          (4) the obligors agree to provide such security and 
        meet such other terms and conditions as the Secretary 
        may, pursuant to regulations prescribed under this 
        section, require to protect the interest of the United 
        States and carry out the purpose of this section.
    (g) All obligations guaranteed under this section shall be 
accounted for separately, in a subaccount of the Federal Ship 
Financing Fund to be known as the Fishery Recovery Refinancing 
Account, from all other obligations guaranteed under the other 
provisions of this title and the assets and liabilities of the 
Federal Ship Financing Fund and the Fishery Recovery 
Refinancing Account shall be segregated accordingly.
    (h) For the purposes of this section, the term `fishery 
rebuilding effort' means a fishery management plan, amendment, 
or regulations required under section 304(e) of the Magnuson 
Fishery Conservation and Management Act to rebuild a fishery 
which the Secretary has determined to be a commercial fishery 
failure under section 316 of such Act.
    Sec. 1112. (a) The Secretary is authorized to guarantee the 
repayment of debt obligations issued by entities under this 
section. Debt obligations to be guaranteed may be issued by any 
entity that has been approved by the Secretary and has agreed 
with the Secretary to such conditions as the Secretary deems 
necessary for this section to achieve the objective of the 
program and to protect the interest of the United States.
    (b) Any debt obligation guaranteed under this section 
shall--
          (1) be treated in the same manner and to the same 
        extent as other obligations guaranteed under this 
        title, except with respect to provisions of this title 
        that by their nature cannot be applied to obligations 
        guaranteed under this section;
          (2) have the proceeds paid into a separate subaccount 
        of the fishing capacity reduction fund established 
        under this section;
          (3) not exceed $100,000,000 in an unpaid principal 
        amount outstanding at any one time for a program;
          (4) have such maturity (not to exceed 20 years), take 
        such form, and contain such conditions as the Secretary 
        determines necessary for the program to which they 
        relate;
          (5) have as the exclusive source of repayment 
        (subject to subsection (c)(2)) and as the exclusive 
        payment security, the fees established under the 
        program; and
          (6) at the discretion of the Secretary be issued in 
        the public market or sold to the Federal Financing 
        Bank.
    (c)(1) There is established in the Treasury of the United 
States a separate account which shall be known as the fishing 
capacity reduction fund (referred to in this section as the 
`fund'). Within the fund, at least one subaccount shall be 
established for each program into which shall be paid all 
proceeds from debt obligations and other amounts and fees 
authorized for the program.
    ``(c)(1) There is established in the Treasury of the United 
States a separate account which shall be known as the fishing 
capacity reduction fund (referred to in this section as the 
`fund'). Within the fund, at least one subaccount shall be 
established for each program into which shall be paid all 
proceeds from debt obligations and other amounts and fees 
authorized for the program.
    (2) Amounts in the fund shall be available only to the 
Secretary--
          (A) without appropriation or fiscal year limitation, 
        to pay the cost of the program; and
          (B) from the separate subaccount established under 
        subsection (b)(2), to pay debt obligations incurred by 
        entities under this section, Provided that funds 
        available for this purpose from other amounts available 
        for the program may also be used to pay such debt 
        obligations.
    (3) Sums in the fund that are not currently needed for the 
purpose of this section shall be kept on deposit or invested in 
obligations of the United States.
    (d) The Secretary is authorized and directed to issue such 
regulations as the Secretary deems necessary to carry out this 
section.
    (e) For the purposes of this section, the term ``program'' 
means a fishing capacity reduction program established under 
section 315 of the Magnuson Fishery Conservation and Management 
Act.

                      TITLE 46. APPENDIX. SHIPPING

                 CHAPTER 27. MERCHANT MARINE ACT, 1936

          * * * * * * *

                    FEDERAL SHIP MORTGAGE INSURANCE

Sec. 1274. Eligibility for guarantee

    (a) Purpose of Obligations.--Pursuant to the authority 
granted under section 1103(a) [46 U.S.C. App. 1273(a)], the 
Secretary upon such terms as he shall prescribe, may guarantee 
or make a commitment to guarantee, payment of the principal of 
and interest on an obligation which aids in--
          (1) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, or reconditioning of a vessel 
        (including an eligible export vessel), which is 
        designed principally for research, or for commercial 
        use (A) in the coastwise or intercoastal trade; (B) on 
        the Great Lakes, or on bays, sounds, rivers, harbors, 
        or inland lakes of the United States; (C) in foreign 
        trade as defined in section 905 of this Act for 
        purposes of title V of this Act; or (D) as an ocean 
        thermal energy conversion facility or plantship; (E) 
        with respect to floating drydocks in the construction, 
        reconstruction, reconditioning, or repair of vessels; 
        or (F) with respect to an eligible export vessel, in 
        world-wide trade; Provided, however, That no guarantee 
        shall be entered into pursuant to this paragraph (a)(1) 
        later than one year after delivery, or redelivery in 
        the case of reconstruction or reconditioning of any 
        such vessel unless the proceeds of the obligation are 
        used to finance the construction, reconstruction, or 
        reconditioning of a vessel or vessels, or facilities or 
        equipment pertaining to marine operations;
          (2) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, reconditioning, or purchase of a vessel 
        or vessels owned by citizens or nationals of the United 
        States or citizens of the Northern Mariana Islands 
        which are designed principally for research, or for 
        commercial use in the fishing trade or industry;
          (3) financing the purchase, reconstruction, or 
        reconditioning of vessels or fishery facilities for 
        which obligations were guaranteed under this title [46 
        U.S.C. App. 1271 et seq.] that, under the provisions of 
        section 1105 [46 U.S.C. App. 1275]:
                  (A) are vessels or fishery facilities for 
                which obligations were accelerated and paid;
                  (B) were acquired by the Fund; or
                  (C) were sold at foreclosure instituted by 
                the Secretary;
          (4) financing, in whole or in part, the repayment to 
        the United States of any amount of construction-
        differential subsidy paid with respect to a vessel 
        pursuant to title V of this Act [46 U.S.C. App. 1151 et 
        seq.], as amended;
          (5) refinancing existing obligations issued for one 
        of the purposes specified in (1), (2), (3), or (4) 
        whether or not guaranteed under this title [46 U.S.C. 
        App. 1271 et seq.], including, but not limited to, 
        short-term obligations incurred for the purpose of 
        obtaining temporary funds with the view to refinancing 
        from time to time; [or]
          (6) financing or refinancing, including, but not 
        limited to, the reimbursement of obligors for 
        expenditures previously made for, the construction, 
        reconstruction, reconditioning, or purchase of fishery 
        [facilities.] facilities; or
          (7) financing or refinancing, including, but not 
        limited to, the reimbursement of obligors for 
        expenditures previously made for, the purchase of 
        individual fishing quotas in accordance with section 
        303(d)(4) of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1853(d)(4)).
Any obligation guaranteed under [paragraph (6)] paragraphs (6) 
and (7) shall be treated, for purposes of this title [46 U.S.C. 
App. 1271 et seq.], in the same manner and to the same extent 
as an obligation guaranteed under this title [46 U.S.C. App. 
1271 et seq.] which aids in the construction, reconstruction, 
reconditioning, or purchase of a vessel; except with respect to 
provisions of this title [46 U.S.C. App. 1271 et seq.] that by 
their nature can only be applied to vessels.
    (b) Contents of Obligations.--Obligations guaranteed under 
this title [46 U.S.C. App. 1271 et seq.]--
          (1) shall have an obligor approved by the Secretary 
        as responsible and possessing the ability, experience, 
        financial resources, and other qualifications necessary 
        to the adequate operation and maintenance of the vessel 
        or vessels which serve as security for the guarantee of 
        the Secretary;
          (2) subject to the provisions of subsection (c)(1) 
        and subsection (i), shall be in an aggregate principal 
        amount which does not exceed 75 per centum of the 
        actual cost or depreciated actual cost, as determined 
        by the Secretary, of the vessel which is used as 
        security for the guarantee of the Secretary: Provided, 
        however, That in the case of a vessel, the size and 
        speed of which are approved by the Secretary, and which 
        is or would have been eligible for mortgage aid for 
        construction under section 509 of this Act [46 U.S.C. 
        App. 1159] (or would have been eligible for mortgage 
        aid under section 509 of this Act [46 U.S.C. App. 1159] 
        except that the vessel was built with the aid of 
        construction-differential subsidy and said subsidy has 
        been repaid) and in respect of which the minimum 
        downpayment by the mortgagor required by that section 
        would be or would have been 12\1/2\ per centum of the 
        cost of such vessel, such obligations may be in an 
        amount which does not exceed 87\1/2\ per centum of such 
        actual cost or depreciated actual cost: Provided, 
        further, That the obligations which relate to a barge 
        which is constructed without the aid of construction-
        differential subsidy, or, if so subsidized, on which 
        said subsidy has been repaid, may be in an aggregate 
        principal amount which does not exceed 87\1/2\ per 
        centum of the actual cost or depreciated actual cost 
        thereof: Provided further, That in the case of a 
        fishing vessel or fishery facility, the obligation 
        shall be in an aggregate principal amount [equal to] 
        not to exceed 80 percent of the actual cost or 
        depreciated actual cost of the fishing vessel or 
        fishery facility, [except that no debt may be placed 
        under this proviso through the Federal Financing Bank:] 
        and obligations related to fishing vessels and fishery 
        facilities under this title shall be placed through the 
        Federal Financing Bank unless placement through the 
        Federal Financing Bank is not reasonably available or 
        placement elsewhere is available at a lower annual 
        yield than placement through the Federal Financing 
        Bank: Provided further, That in the case of an ocean 
        thermal energy conversion facility or plantship which 
        is constructed without the aid of construction-
        differential subsidy, such obligations may be in an 
        aggregate principal amount which does not exceed 87\1/
        2\ percent of the actual cost or depreciated actual 
        cost of the facility or plantship: Provided further, 
        That in the case of an eligible export vessel, such 
        obligations may be in an aggregate principal amount 
        which does not exceed 87\1/2\ [percent] of the actual 
        cost or depreciated actual cost of the eligible export 
        vessel;
          (3) shall have maturity dates satisfactory to the 
        Secretary but, subject to the provisions of paragraph 
        (2) of subsection (c) of this section, not to exceed 
        twenty-five years from the date of the delivery of the 
        vessel which serves as security for the guarantee of 
        the Secretary or, if the vessel has been reconstructed 
        or reconditioned, not to exceed the later of (i) 
        twenty-five years from the date of delivery of the 
        vessel and (ii) the remaining years of the useful life 
        of the vessel as determined by the Secretary;
          (4) shall provide for payments by the obligor 
        satisfactory to the Secretary;
          (5) shall bear interest (exclusive of charges for the 
        guarantee and service charges, if any) at rates not to 
        exceed such per centum per annum on the unpaid 
        principal as the Secretary determines to be reasonable, 
        taking into account the range of interest rates 
        prevailing in the private market for similar loans and 
        the risks assumed by the Secretary;
          (6) shall provide, or a related agreement shall 
        provide, that if the vessel used as security for the 
        guarantee of the Secretary is a delivered vessel, the 
        vessel shall be in class A-1, American Bureau of 
        Shipping, or shall meet such other standards as may be 
        acceptable to the Secretary, with all required 
        certificates, including but not limited to, marine 
        inspection certificates of the United States Coast 
        Guard or, in the case of an eligible export vessel, of 
        the appropriate national flag authorities under a 
        treaty, convention, or other international agreement to 
        which the United States is a party, with all 
        outstanding requirements and recommendations necessary 
        for retention of class accomplished, unless the 
        Secretary permits a deferment of such repairs, and 
        shall be tight, stanch, strong, and well and 
        sufficiently tackled, appareled, furnished, and 
        equipped, and in every respect seaworthy and in good 
        running condition and repair, and in all respects fit 
        for service; and
          (7) may provide, or a related agreement may provide, 
        if the vessel used as security for the guarantee of the 
        Secretary is a passenger vessel having the tonnage, 
        speed, passenger accommodations and other 
        characteristics set forth in title V of this Act [46 
        U.S.C. App. 1151 et seq.], as amended, and if the 
        Secretary approves, that the sole recourse against the 
        obligor by the United States for any payments under the 
        guarantee shall be limited to repossession of the 
        vessel and the assignment of insurance claims and that 
        the liability of the obligor for any payments of 
        principal and interest under the guarantee shall be 
        satisfied and discharged by the surrender of the vessel 
        and all right, title, and interest therein to the 
        United States: Provided, That the vessel upon surrender 
        shall be (i) free and clear of all liens and 
        encumbrances whatsoever except the security interest 
        conveyed to the Secretary under this title [46 U.S.C. 
        App. 1271 et seq.], (ii) in class, and (iii) in as good 
        order and condition, ordinary wear and tear excepted, 
        as when acquired by the obligor, except that any 
        deficiencies with respect to freedom from encumbrances, 
        condition and class may, to the extent covered by valid 
        policies of insurance, be satisfied by the assignment 
        to the Secretary of claims of the obligor under such 
        policies.
The Secretary may not establish, as a condition of eligibility 
for guarantee under this title [46 U.S.C. App. 1271 et seq.], a 
minimum principal amount for an obligation covering the 
reconstruction or reconditioning of a fishing vessel or fishery 
facility. For purposes of this title [46 U.S.C. App. 1271 et 
seq.], the reconstruction or reconditioning of a fishing vessel 
or fishery facility does not include the routine minor repair 
or maintenance of the vessel or facility.
    (c) Security.--
          (1) The security for the guarantee of an obligation 
        by the Secretary under this title [46 U.S.C. App. 1271 
        et seq.] may relate to more than one vessel and may 
        consist of any combination of types of security. The 
        aggregate principal amount of obligations which have 
        more than one vessel as security for the guarantee of 
        the Secretary under this title [46 U.S.C. App. 1271 et 
        seq.] may equal, but not exceed, the sum of the 
        principal amount of obligations permissible with 
        respect to each vessel.
          (2) If the security for the guarantee of an 
        obligation by the Secretary under this title [46 U.S.C. 
        App. 1271 et seq.] relates to more than one vessel, 
        such obligation may have the latest maturity date 
        permissible under subsection (b) of this section with 
        respect to any of such vessels: Provided, That the 
        Secretary may require such payments of principal, prior 
        to maturity, with respect to all related obligations as 
        he deems necessary in order to maintain adequate 
        security for his guarantee.
    (d) Restrictions.--
          (1)(A) No commitment to guarantee, or guarantee of, 
        an obligation shall be made by the Secretary of 
        Transportation unless the Secretary finds that the 
        property or project with respect to which the 
        obligation will be executed will be economically sound. 
        In making that determination, the Secretary shall 
        consider--
                  (i) the need in the particular segment of the 
                maritime industry for new or additional 
                capacity, including any impact on existing 
                equipment for which a guarantee under this 
                title [46 U.S.C. App. 1271 et seq.] is in 
                effect;
                  (ii) the market potential for the employment 
                of the vessel over the life of the guarantee;
                  (iii) projected revenues and expenses 
                associated with employment of the vessel;
                  (iv) any charters, contracts of 
                affreightment, transportation agreements, or 
                similar agreements or undertakings relevant to 
                the employment of the vessel;
                  (v) other relevant criteria; and
                  (vi) for inland waterways, the need for 
                technical improvements, including but not 
                limited to increased fuel efficiency, or 
                improved safety.
          (B) No commitment to guarantee, or guarantee of, and 
        obligation shall be made by the Secretary of Commerce 
        unless the Secretary finds, at or prior to the time 
        such commitment is made or guarantee becomes effective, 
        that the property or project with respect to which the 
        obligation will be executed will be, in the Secretary's 
        opinion, economically sound and in the case of fishing 
        vessels, that the purpose of the financing or 
        refinancing is consistent with the wise use of the 
        fisheries resources and with the development, 
        advancement, management, conservation, and protection 
        of the fisheries resources, or with the need for 
        technical improvements including but not limited to 
        increased fuel efficiency or improved safety.
          (2) No commitment to guarantee, or guarantee of an 
        obligation may be made by the Secretary under this 
        title [46 U.S.C. App. 1271 et seq.] for the purchase of 
        a used fishing vessel or used fishery facility unless--
                  (A) the vessel or facility will be 
                reconstructed or reconditioned in the United 
                States and will contribute to the development 
                of the United States fishing industry; or
                  (B) the vessel or facility will be used in 
                the harvesting of fish from, or for a purpose 
                described in section 1101(k) [46 U.S.C. App. 
                1271(k)] with respect to, an underutilized 
                fishery.
          (3) No commitment to guarantee, or guarantee of an 
        obligation may be made by the Secretary under this 
        title for the construction, reconstruction, or 
        reconditioning of an eligible export vessel unless--
                  (A) the Secretary finds that the 
                construction, reconstruction, or reconditioning 
                of that vessel will aid in the transition of 
                United States shipyards to commercial 
                activities or will preserve shipbuilding assets 
                that would be essential in time of war or 
                national emergency, and
                  (B) the owner of the vessel agrees with the 
                Secretary of Transportation that the vessel 
                shall not be transferred to any country 
                designated by the Secretary of Defense as a 
                country whose interests are hostile to the 
                interests of the United States.
    (e) Guarantee Fees.--The Secretary is authorized to fix a 
fee for the guarantee of an obligation under this title [46 
U.S.C. App. 1271 et seq.]. If the security for the guarantee of 
an obligation under this title [46 U.S.C. App. 1271 et seq.] 
relates to a delivered vessel, such fee shall not be less than 
one-half of 1 per centum per annum nor more than 1 per centum 
per annum of the average principal amount of such obligation 
outstanding, excluding the average amount (except interest) on 
deposit in an escrow fund created under section 1108 of this 
Act [46 U.S.C. App. 1279a]. If the security for the guarantee 
of an obligation under this title [46 U.S.C. App. 1271 et seq.] 
relates to a vessel to be constructed, reconstructed, or 
reconditioned, such fee shall not be less than one-quarter of 1 
per centum per annum nor more than one-half of 1 per centum per 
annum of the average principal amount of such obligation 
outstanding, excluding the average amount (except interest) on 
deposit in an escrow fund created under section 1108 of this 
Act [46 U.S.C. App. 1279a]. For purposes of this subsection 
(e), if the security for the guarantee of an obligation under 
this title [46 U.S.C. App. 1271 et seq.] relates both to a 
delivered vessel or vessels and to a vessel or vessels to be 
constructed, reconstructed, or reconditioned, the principal 
amount of such obligation shall be prorated in accordance with 
regulations prescribed by the Secretary. Fee payments shall be 
made by the obligor to the Secretary when moneys are first 
advanced under a guaranteed obligation and at least sixty days 
prior to each anniversary date thereafter. All fees shall be 
computed and shall be payable to the Secretary under such 
regulations as the Secretary may prescribe. Such regulations 
shall provide a formula for determining the creditworthiness of 
obligors under which the most creditworthy obligors pay a fee 
computed on the lowest allowable percentage and the least 
creditworthy obligors pay a fee which may be computed on the 
highest allowable percentage (the range of creditworthiness to 
be based on obligors which have actually issued guaranteed 
obligations).
    (f) Investigation of Applications.--The Secretary shall 
charge and collect from the obligor such amounts as he may deem 
reasonable for the investigation of applications for a 
guarantee, for the appraisal of properties offered as security 
for a guarantee, for the issuance of commitments, for services 
in connection with the escrow fund authorized by section 1108 
[46 U.S.C. App. 1279a] and for the inspection of such 
properties during construction, reconstruction, or 
reconditioning: Provided, That such charges shall not aggregate 
more than one-half of 1 per centum of the original principal 
amount of the obligations to be guaranteed.
    (g) Disposition of Moneys.--All moneys received by the 
Secretary under the provisions of sections 1101-1107 of this 
title [46 U.S.C. App. 1271-1276, 1279] shall be deposited in 
the Fund.
    (h) Additional Requirements.--Obligations guaranteed under 
this title [46 U.S.C. App. 1271 et seq.] and agreements 
relating thereto shall contain such other provisions with 
respect to the protection of the security interests of the 
United States (including acceleration, assumptions, and 
subrogation provisions and the issuance of notes by the obligor 
to the Secretary), liens and releases of liens, payments of 
taxes, and such other matters as the Secretary may, in his 
discretion, prescribe.
    (i) Limitation on Establishment of Percentage.--The 
Secretary may not, with respect to--
          (1) the general 75 percent or less limitation in 
        subsection (b)(2);
          (2) the 87\1/2\ percent or less limitation in the 
        1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or 
        section 1112(b) [46 U.S.C. App. 1279e(b)]; or
          (3) the 80 percent or less limitation in the 3rd 
        proviso to such subsection;
establish by rule, regulation, or procedure any percentage 
within any such limitation that is, or is intended to be, 
applied uniformly to all guarantees or commitments to guarantee 
made under this section that are subject to the limitation.
    (j) Procedure Upon Receiving Loan Guarantee Application.--
          (1) Upon receiving an application for a loan 
        guarantee for an eligible export vessel, the Secretary 
        shall promptly provide to the Secretary of Defense 
        notice of the receipt of the application. During the 
        30-day period beginning on the date on which the 
        Secretary of Defense receives such notice, the 
        Secretary of Defense may disapprove the loan guarantee 
        based on the assessment of the Secretary of the 
        potential use of the vessel in a manner that may cause 
        harm to United States national security interests. The 
        Secretary of Defense may not disapprove a loan 
        guarantee under this section solely on the basis of the 
        type of vessel to be constructed with the loan 
        guarantee. The authority of the Secretary to disapprove 
        a loan guarantee under this section may not be 
        delegated to any official other than a civilian officer 
        of the Department of Defense appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          (2) The Secretary of Transportation may not make a 
        loan guarantee disapproved by the Secretary of Defense 
        under paragraph (1).
          * * * * * * *

   National Oceanic and Atmospheric Administration Marine Fisheries 
                       Program Authorization Act

             Fisheries Information Collection and Analysis

    Sec. 2. (a) There are authorized to be appropriated to the 
Department of Commerce * * *.
          * * * * * * *
    (e) Of the sums authorized under subsection (a) of this 
section, no more than $2,500,000 are authorized to be 
appropriated for each of the fiscal years [1992 and 1993] 1996 
and 1997 to enable the National Oceanic and Atmospheric 
Administration to [establish] operate the Chesapeake Bay 
Estuarine Resources Office under section [306] 307 of the 
National Oceanic and Atmospheric Administration Authorization 
Act of [1991.] 1992. Not more than 20 percent of the amount 
appropriated under the authorization in this subsection shall 
be used for administrative purposes.

                           Public Law 102-251

   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) Purposes.--Section 2(b)(1) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801(b)(1)) 
is amended by inserting ``, and fishery resources in the 
special areas'' immediately before the semicolon at the end.
    (b) Definitions.--Section 3 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1802) is amended--
          (1) by redesignating paragraphs (24) through (32) as 
        paragraphs (25) through (33), respectively; and
          (2) by inserting immediately after paragraph (23) the 
        following new paragraph:
          ``(24) The term `special areas' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.''.
    (c) United States Management Authority.--(1) Section 101(a) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1811(a)) is amended by inserting ``and special areas'' 
immediately before the period at the end.
    (2) Section 101(b) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1811(b)) is amended by inserting 
immediately after paragraph (2) the following new paragraph:
          ``(3) All fishery resources in the special areas.''.
    (d) Foreign Fishing.--Section 201 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1821) is amended--
          (1) in subsection (a)--
                  (A) by inserting ``within the special 
                areas,'' immediately before ``or for anadromous 
                species''; and
                  (B) by striking ``beyond the exclusive 
                economic zone'' and inserting in lieu thereof 
                ``beyond such zone or areas'';
          (2) in subsection (e)(1)(E)(IV), by inserting ``or 
        special areas'' immediately after ``exclusive economic 
        zone'';
          (3) in subsection (i)--
                  (A) by inserting ``or special areas'' 
                immediately before the period at the end of 
                paragraph (1)(A);
                  (B) by inserting ``or special areas'' 
                immediately after ``exclusive economic zone'' 
                in paragraph (2)(A); and
                  (C) by inserting ``or special areas'' 
                immediately after ``exclusive economic zone'' 
                in paragraph (2)(B); and
          (4) in subsection (j)--
                  (A) by inserting ``, special areas,'' 
                immediately after ``exclusive economic zone''; 
                and
                  (B) by inserting ``, areas,'' immediately 
                after ``such zone''.
    (e) International Fishery Agreements.--Section 202 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1822) is amended--
          (1) in subsection (b)--
                  (A) by inserting ``or special areas'' 
                immediately after ``February 28, 1977)''; and
                  (B) by striking ``such zone or area'' and 
                inserting in lieu thereof ``such zone or 
                areas'';
          (2) in subsection (c)--
                  (A) by inserting ``or special areas'' 
                immediately after ``February 28, 1977)''; and
                  (B) by striking ``such zone or area'' and 
                inserting in lieu thereof ``such zone or 
                areas''; and
          (3) by adding at the end the following new 
        subsection:
    ``(g) Fishery Agreement With Union of Soviet Socialist 
Republics.--(1) The Secretary of State, in consultation with 
the Secretary, is authorized to negotiate and conclude a 
fishery agreement with Russia of a duration of no more than 3 
years, pursuant to which--
          ``(A) Russia will give United States fishing vessels 
        the opportunity to conduct traditional fisheries within 
        waters claimed by the United States prior to the 
        conclusion of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990, west of 
        the maritime boundary, including the western special 
        area described in Article 3(2) of the Agreement;
          ``(B) the United States will give fishing vessels of 
        Russia the opportunity to conduct traditional fisheries 
        within waters claimed by the Union of Soviet Socialist 
        Republics prior to the conclusion of the Agreement 
        referred to in subparagraph (A), east of the maritime 
        boundary, including the eastern special areas described 
        in Article 3(1) of the Agreement;
          ``(C) catch data shall be made available to the 
        government of the country exercising fisheries 
        jurisdiction over the waters in which the catch 
        occurred; and
          ``(D) each country shall have the right to place 
        observers on board vessels of the other country and to 
        board and inspect such vessels.
    ``(2) Vessels operating under a fishery agreement 
negotiated and concluded pursuant to paragraph (1) shall be 
subject to regulations and permit requirements of the country 
in whose waters the fisheries are conducted only to the extent 
such regulations and permit requirements are specified in that 
agreement.
    ``(3) The Secretary of Commerce may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the provisions of 
any fishery agreement negotiated and concluded pursuant to 
paragraph (1).''.
    (f) Permits for Foreign Fishing.--Section 204(a) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1824(a)) is amended--
          (1) by inserting ``within the special areas,'' 
        immediately before ``or for anadromous species''; and
          (2) by inserting ``or areas'' immediately after 
        ``such zone''.
    (g) Contents of Fishery Management Plans.--Section 
303(b)(1)(A) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1853(b)(1)(A)) is amended--
          (1) by inserting ``or special areas,'' immediately 
        after ``exclusive economic zone''; and
          (2) by inserting ``or areas'' immediately after 
        ``such zone''.
    (h) Prohibited Acts.--Section 307 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1857) is amended--
          (1) in paragraph (1)(K), by inserting ``or special 
        areas'' immediately after ``exclusive economic zone'';
          (2) in paragraph (2)(B)--
                  [(A) by inserting ``within the special 
                areas,'' immediately after ``exclusive economic 
                zone''; and]
                  (B) by inserting ``or areas'' immediately 
                after ``such zone'';
          (3) in paragraph (3), by inserting ``or special 
        areas'' immediately after ``exclusive economic zone''; 
        and
          (4) in paragraph (4), by inserting ``or special 
        areas'' immediately after ``exclusive economic zone''.
    (i) Enforcement.--Section 311(b)(2) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1861(b)(2)) is 
amended by inserting ``and special areas'' immediately after 
``exclusive economic zone''.

           AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT OF 1982

    Sec. 302. (a) Definitions.--(1) Section 2(c) of the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773(c)) is 
amended to read as follows:
    ``(c) `Exclusive economic zone' means the zone established 
by Proclamation Numbered 5030, dated March 10, 1983. For 
purposes of applying this Act, the inner boundary of that zone 
is a line coterminous with the seaward boundary of each of the 
coastal States.''.
    (2) Section 2 of the Northern Pacific Halibut Act of 1982 
(16 U.S.C. 773) is amended by adding at the end the following 
new subsection:
    ``(h) `Special areas' means the areas referred to as 
eastern special areas in Article 3(1) of the Agreement between 
the United States of America and the Union of Soviet Socialist 
Republics on the Maritime Boundary, signed June 1, 1990; in 
particular, the term refers to those areas east of the maritime 
boundary, as defined in that Agreement, that lie within 200 
nautical miles of the baselines from which the breadth of the 
territorial sea of Russia is measured but beyond 200 nautical 
miles of the baselines from which the breadth of the 
territorial sea of the United States is measured.''.
    (b) Unlawful Acts.--Section 7(b) of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773e(b)) is amended by striking 
``fishery conservation zone'' and inserting in lieu thereof 
``exclusive economic zone or special areas''.

                 AMENDMENTS TO THE FUR SEAL ACT OF 1966

    Sec. 303. Section 101 of the Fur Seal Act of 1966 (16 
U.S.C. 1151) is amended--
          (1) by redesignating subsections (f) through (m) as 
        subsections (g) through (n), respectively; and
          (2) by inserting immediately after subsection (e) the 
        following new subsection:
    ``(f) `Jurisdiction of the United States' includes 
jurisdiction over 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.''.

          [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.''.]

             RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973

    Sec. 305. The special areas defined in section 3(24) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1802(24)) shall be considered places that are subject to the 
jurisdiction of the United States for the purposes of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

            AMENDMENTS TO PACIFIC SALMON TREATY ACT OF 1985

    Sec. 306. (a) Definitions.--Section 2 of the Pacific Salmon 
Treaty Act of 1985 (16 U.S.C. 3631) is amended--
          (1) by redesignating subsections (h) through (j) as 
        subsections (i) through (k), respectively; and
          (2) by inserting immediately after subsection (g) the 
        following new subsection:
    ``(h) `Special areas' means the areas referred to as 
eastern special areas in Article 3(1) of the Agreement between 
the United States of America and the Union of Soviet Socialist 
Republics on the Maritime Boundary, signed June 1, 1990; in 
particular, the term refers to those areas east of the maritime 
boundary, as defined in that Agreement, that lie within 200 
nautical miles of the baselines from which the breadth of the 
territorial sea of Russia is measured but beyond 200 nautical 
miles of the baselines from which the breadth of the 
territorial sea of the United States is measured.''.
    (b) Rulemaking.--Section 7(a) of the Pacific Salmon Treaty 
Act of 1985 (16 U.S.C. 3636(a)) is amended by inserting ``and 
special areas'' immediately after ``Exclusive Economic Zone''.

                   NATIONAL SEA GRANT COLLEGE PROGRAM

    Sec. 307. (a) Definitions.--Section 203(6) of the National 
Sea Grant College Program Act (33 U.S.C. 1122(6)) is amended--
          (1) by striking ``and'' at the end of subparagraph 
        (E);
          (2) by redesignating subparagraph (F) as subparagraph 
        (G); and
          (3) by inserting immediately after subparagraph (E) 
        the following new subparagraph:
                  ``(F) 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; and''.
    (b) International Program.--Section 3(a)(6) of the Sea 
Grant Program Improvement Act of 1976 (33 U.S.C. 1124a(a)(6)) 
is amended by inserting ``and special areas'' immediately after 
``exclusive economic zone''.

                            EFFECTIVE DATES

    Sec. 308. (a) In General.--The amendment made by section 
301(e)(3) takes effect on the date of enactment of this Act, 
and the amendments made by the other provisions of this title, 
except as provided in subsection (b), shall be effective on 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.
    (b) Authority To Prescribe Regulations.--The authority to 
prescribe regulations to implement the amendments made by this 
title shall be effective on the date of enactment of this Act, 
but no such regulation may be effective until the date on which 
the Agreement described in subsection (a) enters into force for 
the United States.

                                
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