HR 2061 CDS
101st CONGRESS
2d Session
H. R. 2061
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, JANUARY 23), 1990
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
October 11 (legislative day, OCTOBER 2), 1990
Committee discharged
AN ACT
To authorize appropriations to carry out the Magnuson Fishery Conservation
and Management Act through fiscal year 1993, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Fishery Conservation Amendments of 1990'.

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Whenever in this title a section or other provision is amended or repealed,
such amendment or repeal is deemed to be made to that section or other
provision of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).

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TITLE I

-AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

(a) FINDINGS- Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at
the end the following:
`(8) The collection of statistically reliable scientific data is essential
to the effective conservation and management of the fishery resources of
the United States.'.
(b) PURPOSES- Section 2(b)(2) (16 U.S.C. 1801(b)(2)) is amended by inserting
`as well as swordfish and billfish,' after `highly migratory species,'.
(c) POLICY- Section 2(c) (16 U.S.C. 1801(c)) is amended by--
(1) inserting `considers the effects of fishing on immature fish and
encourages development of measures that avoid unnecessary waste of fish;'
after `and enforcement;' in paragraph (3);
(2) striking `and' at the end of paragraph (4);
(3) striking the period at the end of paragraph (5) and inserting in lieu
thereof `; and'; and
(4) adding at the end the following:
`(6) to achieve international agreement on banning large-scale driftnet
fishing on the high seas beyond the exclusive economic zone of any nation
as soon as possible, including support for the Tarawa Declaration and
other international efforts to achieve such a ban.'.

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(a) NEW DEFINITIONS- Section 3 (16 U.S.C. 1802) is amended by adding at
the end the following:
`(28) The term `large-scale driftnet fishing' means a method of fishing
in which a gillnet composed of a panel or panels of webbing with a total
length of one and one-half miles 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.
`(29) The term `migratory range' means the maximum area within which fish
of a particular species can be found in numbers that indicate regular
occurrence of that species during any part of a year, 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.
`(30) 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.'.
(b) CONFORMING AMENDMENT- Paragraph (1) of section 101(b) (16
U.S.C. 1811(b)(1)) is amended by striking `any foreign nation's' and all
that follows through the end of the paragraph and inserting in lieu thereof
`any waters of a foreign nation.'.

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(a) REPEAL OF EXCLUSION- Section 102 is repealed.
(b) SECRETARY OF STATE TO SEEK NEGOTIATIONS- The Secretary of State shall
promptly seek negotiations with foreign nations for the purpose of revising
existing international agreements entered into by the United States that are
inconsistent with the assertion by the United States of fishery management
authority over highly migratory species.
(c) HIGHLY MIGRATORY SPECIES DEFINED- In this section the term `highly
migratory species' has the meaning that term has in section 3(14) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(14)).

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Section 201(d) (16 U.S.C. 1821(d)) is amended to read as follows:
`(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.'.

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Section 202(a)(4)(B) (16 U.S.C. 1822(a)(4)(B)) is amended by--
(1) striking `and' after `anadromous species' and inserting in lieu thereof
a comma; and
(2) adding `, swordfish and billfish' after `highly migratory species'.

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(a) FEES- Section 204(b)(10) (16 U.S.C. 1824(b)(10)) is amended to read
as follows:
`(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
and the appropriate regional fishery management council, 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.'.
(b) SANCTIONS- Section 204(b)(12) (16 U.S.C. 1824(b)(12)) is repealed.

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Section 206 (16 U.S.C. 1826) is amended to read as follows:
`SEC. 206. INTERNATIONAL BAN ON LARGE-SCALE DRIFTNET FISHING.
`(a) NEGOTIATIONS- The Secretary of State shall seek to secure, as soon
as possible after the date of the enactment of the Fishery Conservation
Amendments of 1990, an international ban on large-scale driftnet fishing
on the high seas beyond the exclusive economic zone of any nation.
`(b) REPORT- Not later than 18 months after the date of the enactment
of the Fishery Conservation Amendments of 1990 and every year thereafter
until such a ban is secured, the Secretary of State shall transmit to the
Congress a report--
`(1) describing the steps the Secretary has taken to initiate and complete
negotiations pursuant to subsection (a);
`(2) detailing the progress of those negotiations;
`(3) listing those nations which have refused to enter into those
negotiations and which engage in large-scale driftnet fishing on the high
seas beyond the exclusive economic zone of any nation; and
`(4) making recommendations for legislative action which could be taken to
encourage the nations listed pursuant to paragraph (3) to cease large-scale
driftnet fishing.'.

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(a) INCREASED NUMBER OF VOTING MEMBERS OF NORTH PACIFIC FISHERY MANAGEMENT
COUNCIL- Section 302(a)(7) (16 U.S.C. 1852(a)(7)) is amended in the second
sentence--
(1) by striking `11' and inserting in lieu thereof `13';
(2) by striking `and 2 of whom' and inserting in lieu thereof `, 3 of
whom'; and
(3) by inserting `, and 1 of whom shall be appointed from the State of
Oregon' after `Washington'.
(b) Members' Qualifications-
(1) IN GENERAL- Section 302(b)(2)(A) (16 U.S.C. 1852(b)(2)(A)) is amended--
(A) by striking the first sentence and inserting in lieu thereof the
following: `The members of each Council required to be appointed by the
Secretary must be individuals who, by reason of their occupational or
commercial experience, scientific expertise, or academic training, are
knowledgeable regarding the conservation and management, or the recreational
or commercial harvest, of the fishery resources of the geographical area
concerned.'; and
(B) by striking the second sentence and inserting in lieu thereof the
following: `The Secretary, in making appointments under this section,
shall, to the maximum extent practicable, ensure a fair representation
on each Council of the active participants (or their representatives)
in the commercial fisheries under the jurisdiction of that Council.'.
(2) APPLICATION- The amendments made by paragraph (1) shall apply to an
individual appointed or reappointed as a member of a Regional Fishery
Management Council after the date of the enactment of this Act.
(c) LIMITATION ON TERMS OF VOTING MEMBERS- Section 302(b)(3) (16
U.S.C. 1852(b)(3)) is amended by adding at the end the following:
`No member appointed after January 1, 1986, may serve for more than 2
consecutive terms.'.
(d) COMPENSATION AND EXPENSES OF MEMBERS- Section 302(d) (16 U.S.C. 1852(d))
is amended--
(1) in the first sentence by inserting `if appointed before January 1, 1991,
and at the daily rate of $200 if appointed or reappointed after that date'
before the period at the end; and
(2) in the second sentence by inserting `and Council staff members' after
`other nonvoting members'.
(e) MEETING OUTSIDE OF GEOGRAPHICAL AREA- Section 302(e)(3) (16
U.S.C. 1852(e)(3)) is amended by striking `in the geographical area
concerned' and inserting in lieu thereof `at appropriate times and places'.
(f) DECISIONS AND RECOMMENDATIONS OF ADVISORY COMMITTEES AND PANELS- Section
302(g) (16 U.S.C. 1852(g)) is amended by adding at the end the following:
`(3)(A) Each Council shall establish and maintain a United States
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) Decisions and recommendations made by committees and panels established
under this subsection shall be considered to be advisory in nature.'.
(g) FISHERY HABITAT CONCERNS- Section 302(i) (16 U.S.C. 1852(i)) is amended
to read as follows:
`(i) FISHERY HABITAT CONCERNS- (1) Each Council--
`(A) may comment on, or make recommendations concerning, any activity
undertaken, or proposed to be undertaken, by any State of Federal agency
that, in the view of the Council, may affect the habitat of a fishery
resource under its jurisdiction; and
`(B) shall, in a timely manner, comment on and make recommendations
concerning any such activity that, in the view of the Council, may 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 concerned on the habitat of the
anadromous fishery resource.'.
(h) CLOSED MEETINGS- Section 302(j)(3) (16 U.S.C. 1852(j)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking the semicolon at the end of clause (ii) and all that
follows through `time and place of the meeting.' and inserting in lieu
thereof a period; and
(B) by inserting `of paragraph (2)' after `(D) and (F)'; and
(2) by adding at the end the following:
`(B) If any meeting or portion thereof 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 matters or other internal administrative matters.'.
(i) CONSIDERATION OF NEW INFORMATION- Section 302(j) (16 U.S.C. 1852(j))
is amended by adding at the end the following:
`(6) At any time when a Council considers new information from a State or
Federal agency or from a Council advisory body, it 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.'.

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(a) REQUIRED DATA COLLECTION AND GEAR- Section 303(a) (16 U.S.C. 1853(a))
is amended--
(1) by striking paragraph (6) and inserting in lieu thereof the following:
`(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:
Provided, That the adjustments shall not adversely affect the conservation
efforts in other fisheries;';
(2) by striking the period at the end of paragraph (7) and inserting in
lieu thereof `; and'; and
(3) by adding at the end the following:
`(8) in the case of a fishery management plan that, after January 1, 1991,
is submitted to the Secretary for review under section 304(a) (including any
plan for which an amendment is submitted to the Secretary for such review)
or is prepared by the Secretary, assess and specify the nature and extent
of scientific data which is needed to ensure the effectiveness of the plan
in conserving and managing the fishery resources covered by the plan.'.
(b) DISCRETIONARY PROVISIONS- Section 303(b) (16 U.S.C. 1853(b)) is amended
as follows:
(1) PERMITS AND FEES- Paragraph (1) is amended to read as follows:
`(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 for anadromous species or Continental
Shelf fishery resources beyond such zone;
`(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) FISH PROCESSOR DATA; OBSERVERS- Paragraphs (7) and (8) are redesignated
as paragraphs (9) and (10), respectively, and the following is inserted
after paragraph (6):
`(7) require fish processors 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 in the exclusive economic zone for the purpose
of collecting data necessary for the conservation and management of the
fishery;'.
(c) CONFIDENTIALITY OF STATISTICS- Section 303(d) (16 U.S.C. 1853(d))
is amended--
(1) in the matter preceding paragraph (1) by striking `subsection (a)(5)'
and inserting in lieu thereof `subsections (a) and (b)';
(2) by striking `or' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
`(2) to State employees pursuant to an agreement with the Secretary that
prevents public disclosure of the identify or business of any person; or'.

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(a) Technical and Conforming Amendments-
(1) TECHNICAL AMENDMENTS- Section 305 (16 U.S.C. 1855) is amended--
(A) by redesignating subsections (c), (d), and (e) as subsections (a),
(b), and (c), respectively; and
(B) by redesignating subsections (g) and (h) as subsections (d) and (e),
respectively.
(2) CONFORMING AMENDMENTS- Section 304 is amended--
(A) in subsection (b)(1) by striking `305(c)' in the first sentence and
inserting in lieu thereof `305(a)'; and
(B) in subsection (b)(3)(D) by striking `305(c)' and inserting in lieu
thereof `305(a)'.
(b) JUDICIAL REVIEW OF CERTAIN IMPLEMENTING ACTIONS- Section 305(b),
as redesignating by subsection (a)(1)(A), is amended--
(1) by striking `Regulations promulgated by the Secretary under this Act'
and inserting in lieu thereof
`(1) Regulations promulgated by the Secretary under this Act and actions
described in paragraph (2)';
(2) in paragraph (1) (as designated by paragraph (1) of this subsection)--
(A) by inserting `or the action is published in the Federal Register,
as applicable,' after `the regulations are promulgated';
(B) by striking `(1)' and inserting in lieu thereof `(A)';
(C) by striking `(2)' and inserting in lieu thereof `(B)'; and
(D) by inserting `or action' after `any such regulation'; and
(3) by adding at the end the following:
`(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 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 30 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.'.
(c) EMERGENCY ACTIONS- Section 305(c)(2)(A) (16 U.S.C. 1855(c)(2)(A)),
as redesignated by subsection (a)(1)(A), is amended by inserting `(other
than the voting member appointed under section 302(b)(1)(B))' after `who
are voting members'.

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Section 306(c) (16 U.S.C. 1856(c)) is amended--
(1) in paragraph (1)(B) by inserting `and the application specifies the
species to be processed' before the period at the end; and
(2) by striking paragraph (2) and inserting in lieu thereof the following:
`(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 Regional Fishery Management 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.'.

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(a) CERTAIN ACTS OF THEFT AND ASSAULT; LARGE-SCALE DRIFTNET FISHING-
Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking `or' at the end of subparagraph (H);
(2) by striking the period at the end of subparagraph (I) and inserting
in lieu thereof a semicolon; and
(3) by adding at the end the following:
`(J) to knowingly and without authorization steal, remove, damage, or
tamper with--
`(i) fishing gear owned by another person and which is located in the
exclusive economic zone; or
`(ii) fish contained in such fishing gear; or to attempt to do so;
`(K) to forcibly assault, resist, oppose, impede, intimidate, or interfere
with an observer or a supplementary observer on a vessel under this Act; or
`(L) to engage in large-scale driftnet fishing.'.
(b) VIOLATION OF INTERNATIONAL FISHERY AGREEMENT- Section 307 (16
U.S.C. 1857) is amended--
(1) in paragraph (3) by striking `; and' and inserting in lieu thereof
a semicolon;
(2) in paragraph (4) by striking the period at the end and inserting in
lieu thereof `; and'; and
(3) by adding at the end the following:
`(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 under section 203.'.

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Section 308 (16 U.S.C. 1858) is amended--
(1) in the section heading by inserting `AND PERMIT SANCTIONS' after
`CIVIL PENALTIES';
(2) in subsection (a) by striking `$25,000' in the second sentence and
inserting in lieu thereof `$100,000'; and
(3) by adding at the end the following:
`(g) PERMIT SANCTIONS- (1) In any case in which a vessel has been used in
the commission of an act prohibited under section 307, in which 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,
or in which any civil penalty or criminal fine imposed on a vessel or owner
or operator of a vessel under any fishery resource law statute enforced
by the Secretary has not been paid and is overdue, the Secretary may--
`(A) revoke any permit issued with respect to such vessel or person,
with or without prejudice to the issuance of subsequent permits;
`(B) suspend such permit for a period of time considered by the Secretary
to be appropriate;
`(C) deny such permit; or
`(D) impose additional conditions and restrictions on any permit issued to,
or applied for by, that owner, operator, or vessel under this Act and,
with respect to foreign fishing vessels, on the approved application of
the foreign nation involving 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;
`(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 the transfer. 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) The Secretary shall reinstate any permit that is suspended under this
subsection for nonpayment of a civil penalty or criminal fine 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.'.

c0b23ef5a53f26f9ee6108e9ebefc4377c2cfc8358950a8115636b6eed8fd946

Section 309 (a)(1) (16 U.S.C. 1859(a)(1)) is amended to read as follows:
`(1) section 307(1) (D), (E), (F), (H), (I), or (K); or'.

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Section 310(e) (16 U.S.C. 1860(e)) is amended--
(1) by inserting `(1)' before `For purposes'; and
(2) by adding at the end the following:
`(2) For purposes of this Act, it shall be a rebuttable presumption that
any fish that is a member of an anadromous species and is found on board
a fishing vessel within the migratory range of that species is of United
States origin.'.

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Section 311(e) (16 U.S.C. 1861(e)) is amended to read as follows:
`(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, or forfeitures of property for
violations of any provisions of this Act or of any other fishery 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 resource law enforced by
the Secretary with respect to that fish or other property;
`(B) a reward 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 resource
law enforced by the Secretary;
`(C) any expenses directly related to investigations and civil or criminal
enforcement proceedings, including any necessary expenses for--
`(i) equipment, training, travel, witnesses, and contracting services
directly related to such investigations or proceedings; or
`(ii) equipping for law enforcement purposes any vessel, vehicle, or
aircraft available for official use by the Secretary;
`(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 to seizures under this Act, in amounts determined by the
Secretary to be applicable to such claims at the time of seizure; and
`(F) for the reimbursement of any Federal or State agency, including the
United States 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.'.

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Title III (16 U.S.C. 1851-1861) is amended by adding at the end the
following:
`SEC. 313. NORTH PACIFIC FISHERIES RESEARCH PLAN.
`(a) IN GENERAL- The North Pacific Fishery Management Council may prepare
and submit to the Secretary a fisheries research plan which--
`(1) requires that observers be carried on board vessels of the United States
engaged in fishing in that part of the exclusive economic zone which is
within the geographical area of authority of the Council, for the purpose
of collecting data necessary for the conservation and management of any
fisheries under the jurisdiction of the Council, including the Northern
Pacific halibut fishery; and
`(2) establishes a system of fees to pay the costs of implementing the plan.
`(b) STANDARDS- (1) Any plan prepared and submitted under this section
shall be reasonably calculated--
`(A) to promote conservation and scientific understanding of the fisheries
covered by the plan,
`(B) to be fair and equitable to all fishermen and fish processors affected
by the plan, and
`(C) to be consistent with applicable provisions of law.
`(2) Any system of fees established by a fisheries research plan under
this section shall--
`(A) provide that the total amount of fees collected may not exceed--
`(i) the cost of stationing observers on board fishing vessels pursuant
to the plan, less
`(ii) any amount received for such purpose from any other source;
`(B) be fair and equitable to all participants in the fishery covered by
the plan;
`(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; and
`(D) not be used to offset amounts authorized under other provisions of law.
`(c) RECEIPT OF PLAN BY THE SECRETARY- Not later than 60 days after the
Secretary receives a research plan under subsection (a) from the Council,
the Secretary shall--
`(1) review the plan to determine whether it meets the requirements of
subsection (b), and
`(2)(A) reject the plan if it does not meet those requirements; or
`(B) conduct 2 public hearings to obtain comments on the plan, one of
which shall be held in the State of Alaska and one of which shall be held
in the State of Washington.
`(d) ACTION BY THE SECRETARY- After analyzing comments received regarding
a research plan under subsection (a), the Secretary shall, within 45 days
after the last public hearing on the plan--
`(1) request the Council to respond within 45 days to the comments; and
`(2) implement the plan with any additional modifications provided by the
Council which are consistent with subsection (b).
`(e) RESUBMISSION OF PLAN- Any research plan rejected by the Secretary
under subsection (G)(2) may be resubmitted by the Council with changes,
and upon such resubmission shall be treated as an original plan.
`(f) USE OF FEES- Amounts received by the United States in the form of fees
established by a research plan under this section shall, after deducting
an amount under subsection (g)(2), be available to the Secretary only for
use for implementing the plan.
`(g) AUTHORIZATION OF APPROPRIATIONS- (1) To carry out this section,
including for the establishment of an observer program pursuant to this
section, there are authorized to be appropriated to the Secretary (in
addition to amounts made available by subsection (f)) $100,000 for each
of fiscal years 1991 and 1992.
`(2) Amounts appropriated under this subsection shall be reimbursed to
the Treasury from fees collected pursuant to this section.'.

8300a27e32415e0d007e3c816944566575e9a62b14ca4fc6ddad8de0982f4e74

Title IV (16 U.S.C. 1882) is amended by inserting before section 402
the following:
`SEC. 401. SPECIAL PROVISIONS REGARDING OBSERVERS.
`(a) CIVIL ACTION- (1) An observer on a vessel (or the observer's personal
representative) under the requirements of this Act that is ill, disabled,
injured, or killed from service as an observer on that vessel may not
bring a civil action under any law of the United States for that illness,
disability, injury, or death against the vessel or vessel owner, except
that a civil action may be brought against the vessel owner for the owner's
willful misconduct.
`(2) This subsection does not apply if the observer is engaged by the
owner, master, or individual in charge of a vessel to perform any duties
in service to the vessel.
`(b) PLACEMENT OF OBSERVERS ON U.S. VESSELS- A vessel of the United States
shall not be required under this Act to carry an observer on board if the
facilities of the vessel for quartering of an observer, or for carrying out
observer functions, as so inadequate or unsafe that the health or safety
of the observer or the safe operation of the vessel would be jeopardized.'.

f97688b1f0e7b9778d57f9c61fc42ba759704988c41a6bb71b6fa7055254d29a

Section 406 (16 U.S.C. 1882) is amended--
(1) by striking paragraph (1) and all that follows through paragraph (14);
(2) by redesignating paragraph (15) as paragraph (1); and
(3) by adding at the end the following:
`(2) $75,000,000 for fiscal year 1990.
`(3) $76,000,000 for fiscal year 1991.
`(4) $77,000,000 for fiscal year 1992.
`(5) $78,000,000 for fiscal year 1993.'.

1d63266eb9a33b1ba3be29996171e2bbb0f9297bd71bdb0510df8b21fb6866b4

(a) INTERNATIONAL FISHERY AGREEMENTS- Section 202(e) (16 U.S.C. 1822(e))
is amended by striking `a exclusive economic zone' and inserting in lieu
thereof `an exclusive economic zone'.
(b) FOREIGN FISHING PERMITS- Section 204(b)(4)(C) (16 U.S.C. 1824(b)(4)(C))
is amended by striking `council' and inserting in lieu thereof `Council'.
(c) COUNCIL PROCEDURAL MATTERS- Section 302(j)(4) (16 U.S.C. 1852(j)(4))
is amended by striking `council employee' and inserting in lieu thereof
`Council employee'.
(d) ACTION BY SECRETARY- Section 304(c)(2)(B) (16 U.S.C. 1854(c)(2)(B))
is amended by striking `appropriate council' and inserting in lieu thereof
`appropriate Council'.

01f490959af2b7957c87bca1d8efaaf57209f3a8e34327f7832c790d132877ae

(a) IN GENERAL- Section 3(a) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971a(a)), hereinafter in this title referred to as the `Act',
is amended--
(1) by inserting `(1)' after `(a)'; and
(2) by adding at the end the following:
`(2) Of the Commissioners appointed under paragraph (1) who are not
government employees--
`(A) 1 shall be appointed from among individuals with knowledge and
experience regarding commercial fishing in the Atlantic Ocean, Gulf of
Mexico, or Caribbean Sea; and
`(B) 1 shall be appointed from among individuals with knowledge and
experience regarding recreational fishing in the Atlantic Ocean, Gulf of
Mexico, or Caribbean Sea.
`(3)(A) The term of a Commissioner shall be 3 years.
`(B) An individual appointed in accordance with paragraph (2) shall not
be eligible to serve more than 2 consecutive terms as a Commissioner.'.
(b) APPLICATION TO CURRENT COMMISSIONERS-
(1) QUALIFICATION REQUIREMENT NOT APPLICABLE- Section 3(a)(2) of the Act
(as amended by this title) shall not apply to reappointment of an individual
as a United States Commissioner of the International Commission for the
Conservation of Atlantic Tunas (hereinafter in this title referred to as a
`Commissioner') if that individual is serving in that position on the date
of the enactment of this title.
(2) CURRENT TERM NOT CONSIDERED- An individual serving a term as a
Commissioner on the date of the enactment of this title shall not, by
reason of that term of service, be ineligible under section 3(a)(3)(B)
of the Act (as amended by this title) for reappointment as a Commissioner.

3147f88791f63801069c9dd45da6f6d9dc38d95c14f4d2fae52a55198b0dd514

TITLE II

-AUTHORIZATION OF ATLANTIC TUNAS CONVENTION OF 1975

The term as Commissioner of each individual serving in that position on the
date of the enactment of this title shall terminate not later than 90 days
after the date of enactment. Not later than the date of termination, the
President shall complete the appointment (or reappointment) of individuals
to serve as Commissioners on and after that date.

daeccb5c1705fdfbf98d1bf57cb18bc47fc5c896c54a1475342ccc47bd19d056

Section 3 of the Act (16 U.S.C. 971a) is amended by adding at the end
the following:
`(d)(1) The Secretary of State shall pay the necessary travel expenses
of United States Commissioners, Alternate United States Commissioners,
and authorized advisors in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.
`(2) The Secretary may reimburse the Secretary of State for amounts expended
by the Secretary of State under this subsection.'.

93f438d765394800e7ead0ba734441e29c151da603b479b23fcbd3ae1dd9540c

Section 4 of the Act (16 U.S.C. 971b) is amended by striking `On approval'
and all that follows through the end of the section and inserting in lieu
thereof the following: `The Secretary and the Secretary of State may pay
the necessary travel expenses of members of the advisory committee in
accordance with the Federal Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United States Code.'.

9b4a472e663ef6c40490b1021a32940d8e4c9a29adb7f20992138c3e0f15b14f

Section 6(c) of the Act (16 U.S.C. 971d(c)) is amended as follows:
(1) Paragraph (1) is amended--
(A) by inserting `(A)' before `Upon favorable'; and
(B) by adding at the end the following:
`(B) Not later than 90 days after the date of the enactment of this
subparagraph, the Secretary shall promulgate any additional regulations
necessary to ensure that the United States is in full compliance with all
recommendations made by the Commission and with other agreements under
the Convention between the United States and any nation which is a party
to the Convention.'.
(2) Paragraph (3) is amended--
(A) in subparagraph (H) by striking `; and' and inserting in lieu thereof
a semicolon; and
(B) by striking subparagraph (I) and inserting in lieu thereof the following:
`(I) require any commercial or recreational fisherman to obtain a permit from
the Secretary and report the quantity of the catch of a regulated species;
`(J) require that observers be carried aboard fishing vessels for the
purpose of providing statistically reliable scientific data; and
`(K) impose such other requirements and provide for such other measures
as the Secretary may deem necessary to implement any recommendation of
the Convention or to obtain scientific data necessary to accomplish the
purpose of the Convention;
except that no regulation promulgated under this section may have the effect
of increasing or decreasing any allocation or quota of fish to the United
States agreed to pursuant to a recommendation of the Commission.'.

4c4048c4b57afe226a47d8ade14485452665363a5ae308d8990493b05ebfa5a0

Section 10 of the Act (16 U.S.C. 971h) is amended to read as follows:
`APPROPRIATIONS
`SEC. 10. There are authorized to be appropriated to carry out this Act,
including use for payment of the United States share of the joint expenses
of the Commission as provided in article X of the Convention, not more than
$1,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, and 1993.'.

6cbee8b9e86fa03ba1501f5ff842dbc0337a200104f4096b050563d26c522053

FISHING AND CONSERVATION OF ATLANTIC SWORDFISH.
Section 6(d) of the Act (16 U.S.C. 971d(d)) is amended to read as follows:
`(d)(1) It is the sense of the Congress that the Secretary, in consultation
with the Secretary of State, should seek support for a recommendation by
the Commission to ban large-scale driftnet fishing (as that term is defined
in section 3(28) of the Magnuson Fishery Conservation and Management Act)
in the Convention area.
`(2) The Secretary, in consultation with the Secretary of State,
shall request the Commission to adopt recommendations necessary for the
conservation and management of Atlantic swordfish. In making the request,
the Secretary shall seek the establishment of an international minimum
harvest size and a reduction in harvest levels to the extent necessary to
conserve the stock. Until the Commission adopts all the conservation and
management measures requested by the Secretary, the Secretary, within 3
months after each annual meeting of the Commission, shall notify Congress as
to the nature and results of his request. These notifications shall identify
those nations not acting to conserve and manage Atlantic swordfish, and
recommend measures which could be taken to achieve effective international
conservation and management of the stock.'.

416e8e1fd151ade43396d8d01645c40db57c261060dd5b82f96683bd6d95d61f

Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e))
is amended by striking `October 1, 1989' and inserting in lieu thereof
`October 1, 1991'.

ba099ef329ae9ec9a47f63153aa7361d6a2c7ea5b56fd578a033acd7300c8985

TITLE III

-AUTHORIZATION OF FISHERMEN'S PROTECTIVE ACT OF 1967

(a) IN GENERAL- Section 607(a) of the Merchant Marine Act, 1936 (46
U.S.C. App. 1177(a)) is amended--
(1) by inserting `(1)' before `Any citizen';
(2) in the second sentence by striking `the purpose of' and all that follows
through `the fisheries of the United States' and inserting in lieu thereof
`any of the purposes described in paragraph (2)'; and
(3) by adding at the end the following:
`(2) The purposes referred to in paragraph (1) are--
`(A) providing replacement vessels, additional vessels, or reconstructed
vessels, built in the United States and documented under the laws of the
United States for operation in the United States foreign, Great Lakes,
or noncontiguous domestic trade or in the fisheries of the United States; and
`(B) purchasing equipment for or modifying a qualified vessel--
`(i) to comply with requirements established under the Commercial Fishing
Industry Vessel Safety Act of 1988 (46 U.S.C. 2101 note);
`(ii) to comply with Federal environmental protection laws, including
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
`(iii) to comply with laws and regulations, including those relating to
the safety of fishing vessels and the wholesomeness of seafood.'.
(b) CONFORMING AMENDMENTS- Section 607(f)(1) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1177(f)) is amended--
(1) in subparagraph (B) by striking `or' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
(3) by inserting after subparagraph (B) the following:
`(C) any of the purposes described in subsection (a)(2)(B); or'; and
(4) in the matter immediately following subparagraph (D) (as redesignated
by paragraph (2) of this subsection) by striking `(C)' and inserting in
lieu thereof `(D)'.
(c) AMENDMENT OF EXISTING AGREEMENTS- A person who is a party to an agreement
with the Secretary of Commerce or the Secretary of Transportation in force
under section 607 of the Merchant Marine Act, 1936, may amend that agreement
to include any of the purposes described in section 607(a)(2)(B) of that Act
(as amended by this section), by applying to that Secretary not later than
6 months after the date of the issuance of regulations under subsection
(d) by that Secretary. Upon receipt of such application, the appropriate
Secretary shall amend the agreement to include those purposes.
(d) ISSUANCE OF REGULATIONS- Not later than 6 months after the date of
the enactment of this Act, the Secretary of Commerce, the Secretary of
Transportation, and the Secretary of the Treasury shall issue regulations
implementing this section.

d9bd182ca3f9c61f48455634f341023ac23e8d39aaeede8be25a263b7580ac47

TITLE IV

-REPLACEMENT, RECONSTRUCTION, OR MODIFICATION OF FISHING VESSELS

Not later than 6 months after the date of the enactment of this Act, the
Secretary of Commerce shall report to the Committee on Merchant Marine and
Fisheries of the House of Representatives and to the Committee on Commerce,
Science, and Transportation of the Senate on the status of the National
Marine Fisheries Service facilities located in Kodiak, Alaska. The report
shall include--
(1) a description of the facilities, including their location and physical
state;
(2) a discussion of any structural problems, including any need to remove
asbestos from the facilities and to repair or upgrade electrical wiring;
(3) the number of full-time and part-time Federal employees using the
facilities;
(4) a discussion of any problems associated with the location of the
facilities, including inaccessibility during winter months due to icy
road conditions;
(5) a projection of the costs of repairing the facilities to alleviate
the problems identified under paragraph (2); and
(6) any proposals for the National Marine Fisheries Service utilizing
different facilities within the boundaries of the Kodiak Island Borough and
the costs associated with these proposals, including the costs associated
with co-locating in facilities with the Univer- sity of Alaska.

3f40adeb0644bea38fec840126d71fba4931a94b37b57ddb790ab276c65ce6d0

TITLE V

-MISCELLANEOUS

Not later than 1 day after the date of the enactment of this Act, the
Secretary shall complete all of the Secretary's appointments of members
for the Regional Fishery Management Councils established by section 302(a)
of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(a)).

b463d7a6b35196281da89190a2438028161c0707ceb02f2ed47ad66ad7c08e88

(a) SUBMISSION OF AMENDMENT BY NEW ENGLAND COUNCIL- The New England Fishery
Management Council is encouraged to submit to the Secretary of Commerce an
amendment to the Atlantic Sea Scallop Fishery Management Plan, hereinafter
in this section referred to as the `Plan'. Any amendment submitted under
this section shall--
(1) contain measures providing for the conservation and management of
Atlantic sea scallops, that are not based on a scallop meat count but
which may include controls on scallop harvesting effort; and
(2) consider the views of fishermen and fish processors involved in the
Atlantic sea scallop fishery.
(b) PREPARATION OF AMENDMENT BY SECRETARY- If no amendment is submitted
under subsection (a) before one year after the date of the enactment of this
Act, the Secretary of Commerce is encouraged to use his or her authority
under section 304 of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1854) to prepare the amendment described in subsection (a).
(c) NOT SYSTEM FOR LIMITING ACCESS- Any amendment prepared by the Secretary
under subsection (b) is not a system for limiting access, for purposes of
section 303(b)(6) of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1853(b)(6)).

fd6d5ead3a12c611fa2f32eea9483f8ab890496da78250de532c58174ce98642

It is the sense of the Congress that, in developing a management plan
for the Atlantic bluefish fishery, the Atlantic States Marine Fisheries
Commission and the appropriate Regional Fishery Management Councils should--
(1) ensure that current and reliable scientific data is used to develop
a management plan;
(2) consider the traditional practices used in the fishery by commercial
and recreational fishermen from different States; and
(3) prescribe appropriate conservation and management measures which take
into account variability within the fishery related to local conditions
and differences in habitat quality and other relevant factors.

baf71e049d196d88bbb994397211615002a1dda1c17cb8a6f6ec8ca74273bc4c

MANAGEMENT COUNCIL.
(a) FINDINGS- The Congress finds that--
(1) the Government of the United States has unique obligations to the
residents of the Pribilof Islands, Alaska, under the Fur Seal Act of 1966
(16 U.S.C. 1151 et seq.);
(2) the Government of the United States, the State of Alaska, and
the residents of the Pribilof Islands have made significant financial
investments in order to create an economy on the Pribilof Islands that is
not dependent on sealing;
(3) the commercial fishing industry is important to the economy of coastal
communities in the State of Alaska, including the numerous small villages
on the coast of Alaska adjacent to the Bering Sea; and
(4) residents of a number of different States participate in the Alaska
fisheries.
(b) SENSE OF CONGRESS- It is the sense of the Congress that the North
Pacific Fishery Management Council should include in fishery management
plans such measures as may be necessary to meet the economic needs of
all individuals and communities which are dependent on the living marine
resources in the exclusive economic zone off Alaska.

5a94bb62ebc5839628e06d05597ab200048eef498301cce9b0291092b42c40e6

PLAN.
It is the sense of the Congress that, with respect to the Fishery Management
Plan for the Atlantic Swordfish Fishery--
(1) the Secretary of Commerce should reinstate joint jurisdiction of the
plan under the New England Fishery Management Council, the Mid-Atlantic
Fishery Management Council, the South Atlantic Fishery Management Council,
the Gulf of Mexico Fishery Management Council, and the Caribbean Fishery
Management Council;
(2) future amendments to the plan should consider all reasonable measures
for the conservation and management of the Atlantic swordfish fishery; and
(3) in developing amendments to the plan, the Council should consider
information provided by the United States fishing industry.

077a8ca54d4f075951d60b33afc85f54f0d14d749125745c4be525843c440223

MIGRATORY PELAGIC RESOURCES (MACKERELS).
(a) AMENDMENT OF PLAN BY COUNCIL- It is the sense of the Congress that the
South Atlantic Fishery Management Council should develop an amendment or
amendments to the Fishery Management Plan for the Coastal Migratory Pelagic
Resources (Mackerels), and that the Secretary should immediately thereafter
commence to implement that amendment or amendments through regulations, to
assure that if it becomes necessary to close the mackerel fishery during
a predetermined season or under a quota at a time by which the fishermen
of a region or State traditionally involved in the fishery have not had an
opportunity in that season to participate to an equitable and traditional
degree in that fishery, that such closure shall be fair and equitable to
all fishermen involved in the fishery.
(b) AMENDMENT OF PLAN BY SECRETARY- If no amendment is submitted under
subsection (a) before 3 months after the date of enactment of this Act, the
Secretary of Commerce is encouraged to use authority under section 304(c)
of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(c))
to prepare the amendment described in subsection (a).
Passed the House of Representatives February 6, 1990.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2061 CDS----2
HR 2061 CDS----3

8c7fc7a625779dea6c23f003d23ec51599b682a6c14a66e5f7300d51a687231b

Fishery Conservation Amendments of 1990

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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