    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [October 11, 1996]
    [Pages 1815-1816]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Sustainable Fisheries Act
    October 11, 1996

        Today I have signed into law S. 39, the ``Sustainable Fisheries
    Act.'' This Act represents a bipartisan effort to address the problems
    facing our Nation's fisheries, both commercial and recreational, and
    will greatly improve the future management of important fishery
    resources. I am delighted that the legislation addresses many of the
    conservation and management issues identified by my Administration's
    proposal of 1994.
        Most important are new measures to prevent our fish stocks from
    being overfished and to ensure that already depressed stocks are rebuilt
    to levels that produce maximum sustainable yields from the fisheries.
    The Act includes a new national standard to minimize the unintentional
    catch of nontarget fish. The long-term importance of habitat to fish
    stocks is highlighted by the Act's requirement that essential fish
    habitats be identified in each fishery management plan.
        The establishment of user fees for individual fishing quota and
    community development quota programs is a step in the direction of
    ensuring some repayment for the commercial use of this national
    resource. By refocusing management goals and mandating tighter control
    over the factors affecting fish stocks, this Act brings the Nation
    closer to the vast long-term benefits of sustainable fisheries.
        I am, however, disappointed that the Congress chose to include in
    the Act several objectionable provisions. A number of provisions require
    specific management actions in specific fisheries or areas. The regional
    fishery management councils are the proper forum for recommending
    specific fishery management actions to the Department of Commerce. Those
    who use and enjoy our fishery resources should be fully involved in the
    management of these stocks.
        Section 105(b)(2) directs the Secretary of State, in cooperation
    with the Secretary of Commerce, to seek to secure international
    agreements on the subject of bycatch reduction. Under our Constitution,
    it is the President who articulates the Nation's foreign policy and who
    determines the timing and subject matter of our negotiations with
    foreign nations. Accordingly, in keeping with past practice, I shall
    treat this provision as advisory, not mandatory.
        The prohibition in section 109(i) on the Secretary of Commerce's
    ability to repeal a fishery management plan without approval by a vote
    of three-quarters of the Fishery Management Council raises serious
    concerns under the Appointments Clause of the Constitution. I am
    directing the Secretary of Commerce to treat this provision as advisory,
    not mandatory.
        Section 107 does not provide adequate protections against conflicts
    of interest on the part of members of the fishery management councils. A
    council member will be able to vote in many situations where the member
    could derive a significant financial gain from the matter. Further, the
    conflict provisions will not be consistent with other Government-wide
    conflict laws.
        Successful implementation of S. 39 will require the full cooperation
    of Federal, State, and Tribal governments, the fishing industry, the
    fishery management councils, the conservation community, and the
    Congress. My Administration is committed to doing its part.

                                                          William J. Clinton

    [[Page 1816]]

    The White House,

    October 11, 1996.

    Note: S. 39, approved October 11, was assigned Public Law No. 104-297.