[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.