[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 39 Enrolled Bill (ENR)]
S.39
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To amend the Magnuson Fishery Conservation and Management Act to
authorize appropriations, to provide for sustainable fisheries, 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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(a) Short Title.--This Act may be cited as the ``Sustainable
Fisheries Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

ebfb6caf52b91ef9b460ec0178485eaea3d0fa7ce6c69baac36c159c00f1f020

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

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TITLE IV

-MARINE FISHERY STATUTE REAUTHORIZATIONS

Section 2 (16 U.S.C. 1801) is amended--
(1) by striking subsection (a)(2) and inserting the following:
``(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.'';
(2) by inserting ``to facilitate long-term protection of
essential fish habitats,'' in subsection (a)(6) after
``conservation,'';
(3) by adding at the end of subsection (a) the following:
``(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.'';
(4) by striking ``principles;'' in subsection (b)(3) and
inserting ``principles, including the promotion of catch and
release programs in recreational fishing;'';
(5) by striking ``and'' after the semicolon at the end of
subsection (b)(5);
(6) by striking ``development.'' in subsection (b)(6) and
inserting ``development in a non-wasteful manner; and'';
(7) by adding at the end of subsection (b) the following:
``(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.'';
(8) in subsection (c)(3)--
(A) by striking ``promotes'' and inserting ``considers'';
and
(B) by inserting ``minimize bycatch and'' after ``practical
measures that'';
(9) striking ``and'' at the end of paragraph (c)(5);
(10) striking the period at the end of paragraph (c)(6) and
inserting ``; and''; and
(11) adding at the end of subsection (c) a new paragraph as
follows:
``(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.''.

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TITLE I

-CONSERVATION AND MANAGEMENT

Section 3 (16 U.S.C. 1802) is amended--
(1) by redesignating paragraphs (2) through (32) as paragraphs
(5) through (35) respectively, and inserting after paragraph (1)
the following:
``(2) The term `bycatch' means fish which are harvested in a
fishery, but which are not sold or kept for personal use, and
includes economic discards and regulatory discards. Such term does
not include fish released alive under a recreational catch and
release fishery management program.
``(3) The term `charter fishing' means fishing from a vessel
carrying a passenger for hire (as defined in section 2101(21a) of
title 46, United States Code) who is engaged in recreational
fishing.
``(4) The term `commercial fishing' means fishing in which the
fish harvested, either in whole or in part, are intended to enter
commerce or enter commerce through sale, barter or trade.'';
(2) in paragraph (7) (as redesignated)--
(A) by striking ``COELENTERATA'' from the heading of the
list of corals and inserting ``CNIDARIA''; and
(B) in the list appearing under the heading ``CRUSTACEA'',
by striking ``Deep-sea Red Crab--Geryon quinquedens'' and
inserting ``Deep-sea Red Crab--Chaceon quinquedens'';
(3) by redesignating paragraphs (9) through (35) (as
redesignated) as paragraphs (11) through (37), respectively, and
inserting after paragraph (8) (as redesignated) the following:
``(9) The term `economic discards' means fish which are the
target of a fishery, but which are not retained because they are of
an undesirable size, sex, or quality, or for other economic
reasons.
``(10) The term `essential fish habitat' means those waters and
substrate necessary to fish for spawning, breeding, feeding or
growth to maturity.'';
(4) by redesignating paragraphs (16) through (37) (as
redesignated) as paragraphs (17) through (38), respectively, and
inserting after paragraph (15) (as redesignated) the following:
``(16) The term `fishing community' means a community which is
substantially dependent on or substantially engaged in the harvest
or processing 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.'';
(5) by redesignating paragraphs (21) through (38) (as
redesignated) as paragraphs (22) through (39), respectively, and
inserting after paragraph (20) (as redesignated) the following:
``(21) The term `individual fishing quota' means a Federal
permit under a limited access system to harvest a quantity of fish,
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. Such term does not include community
development quotas as described in section 305(i).'';
(6) by striking ``of one and one-half miles'' in paragraph (23)
(as redesignated) and inserting ``of two and one-half kilometers'';
(7) by striking paragraph (28) (as redesignated), and inserting
the following:
``(28) 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.'';
(8) by redesignating paragraphs (29) through (39) (as
redesignated) as paragraphs (31) through (41), respectively, and
inserting after paragraph (28) (as redesignated) the following:
``(29) 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.
``(30) 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.'';
(9) by redesignating paragraphs (32) through (41) (as
redesignated) as paragraphs (34) through (43), respectively, and
inserting after paragraph (31) (as redesignated) the following:
``(32) The term `recreational fishing' means fishing for sport
or pleasure.
``(33) The term `regulatory discards' means fish harvested in a
fishery which fishermen are required by regulation to discard
whenever caught, or are required by regulation to retain but not
sell.'';
(10) by redesignating paragraphs (36) through (43) (as
redesignated) as paragraphs (37) through (44), respectively, and
inserting after paragraph (35) (as redesignated) the following:
``(36) 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.'';
(11) by striking ``for which a fishery management plan prepared
under title III or a preliminary fishery management plan prepared
under section 201(g) has been implemented'' in paragraph (42) (as
redesignated) and inserting ``regulated under this Act''; and
(12) by redesignating paragraph (44) (as redesignated) as
paragraph (45), and inserting after paragraph (43) the following:
``(44) 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)).''.

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The Act is amended by inserting after section 3 (16 U.S.C. 1802)
the following:
``SEC. 4. 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:
``(1) $147,000,000 for fiscal year 1996;
``(2) $151,000,000 for fiscal year 1997;
``(3) $155,000,000 for fiscal year 1998; and
``(4) $159,000,000 for fiscal year 1999.''.

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Section 102 (16 U.S.C. 1812) is amended by striking ``promoting the
objective of optimum utilization'' and inserting ``shall promote the
achievement of optimum yield''.

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(a) Authority To Operate Under Transshipment Permits.--Section 201
(16 U.S.C. 1821) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a) and
inserting the following:
``(1) is authorized under subsections (b) or (c) or section
204(e), or under a permit issued under section 204(d);
``(2) is not prohibited under subsection (f); and'';
(2) by striking ``(i)'' in subsection (c)(2)(D) and inserting
``(h)'';
(3) by striking subsection (f);
(4) by redesignating subsections (g) through (j) as subsections
(f) through (i), respectively;
(5) in paragraph (2) of subsection (h) (as redesignated),
redesignate subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively, and insert after subparagraph (A) the following:
``(B) in a situation where the foreign fishing vessel is
operating under a Pacific Insular Area fishing agreement, the
Governor of the applicable Pacific Insular Area, in
consultation with the Western Pacific Council, has established
an observer coverage program that is at least equal in
effectiveness to the program established by the Secretary;'';
and
(6) in subsection (i) (as redesignated) by striking ``305'' and
inserting ``304''.
(b) International Fishery Agreements.--Section 202 (16 U.S.C. 1822)
is amended--
(1) by adding before the period at the end of subsection (c)
``or section 204(e)'';
(2) by adding at the end the following:
``(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) subject to approval by Congress under section 203.
``(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.''.
(c) Period for Congressional Review of International Fishery
Agreements.--Section 203 (16 U.S.C. 1823) is amended--
(1) by striking ``GOVERNING'' in the section heading;
(2) by striking ``agreement'' each place it appears in
subsection (a) and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement'';
(3) by striking ``60 calendar days of continuous session of the
Congress'' in subsection (a) and inserting ``120 days (excluding
any days in a period for which the Congress is adjourned sine
die)'';
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) by striking ``agreement'' in subsection (c)(2)(A), as
redesignated, and inserting ``agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement''.
(d) Transshipment Permits and Pacific Insular Area Fishing.--
Section 204 (16 U.S.C. 1824) is amended--
(1) by inserting ``or subsection (d)'' in the first sentence of
subsection (b)(7) after ``under paragraph (6)'';
(2) by striking ``the regulations promulgated to implement any
such plan'' in subsection (b)(7)(A) and inserting ``any applicable
Federal or State fishing regulations'';
(3) by inserting ``or subsection (d)'' in subsection (b)(7)(D)
after ``paragraph (6)(B)''; and
(4) by adding at the end the following:
``(d) Transshipment Permits.--
``(1) Authority to issue permits.--The Secretary may issue a
transshipment permit under this subsection which authorizes a
vessel other than a vessel of the United States to engage in
fishing consisting solely of transporting fish or fish products at
sea from a point within the exclusive economic zone or, with the
concurrence of a State, within the boundaries of that State, 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 State, Secretary of the
department in which the Coast Guard is operating, any appropriate
Council, and any affected State.
``(3) Approval of application.--The Secretary may approve, in
consultation with the appropriate Council or Marine Fisheries
Commission, an application for a permit under this section if the
Secretary determines that--
``(A) the transportation of fish or fish products to be
conducted under the permit, as described in the application,
will be in the interest of the United States and will meet the
applicable requirements of this Act;
``(B) the applicant will comply with the requirements
described in section 201(c)(2) with respect to activities
authorized by any permit issued pursuant to the application;
``(C) the applicant has established any bonds or financial
assurances that may be required by the Secretary; and
``(D) no owner or operator of a vessel of the United States
which has adequate capacity to perform the transportation for
which the application is submitted has indicated to the
Secretary an interest in performing the transportation at fair
and reasonable rates.
``(4) Whole or partial approval.--The Secretary may approve all
or any portion of an application under paragraph (3).
``(5) Failure to approve application.--If the Secretary does
not approve any portion of an application submitted under paragraph
(1), the Secretary shall promptly inform the applicant and specify
the reasons therefor.
``(6) Conditions and restrictions.--The Secretary shall
establish and include in each permit under this subsection
conditions and restrictions, including those conditions and
restrictions set forth in subsection (b)(7), which shall be
complied with by the owner and operator of the vessel for which the
permit is issued.
``(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, except
that the Secretary shall waive the fee for the permit if the
foreign nation under which the vessel is registered does not
collect a fee from a vessel of the United States engaged in similar
activities in the waters of such foreign nation.
``(e) Pacific Insular Areas.--
``(1) Negotiation of pacific insular area fishery agreements.--
The Secretary of State, with the concurrence of the Secretary and
in consultation with any appropriate Council, may negotiate and
enter into a Pacific Insular Area fishery agreement to authorize
foreign fishing within the exclusive economic zone adjacent to a
Pacific Insular Area--
``(A) in the case of American Samoa, Guam, or the Northern
Mariana Islands, at the request and with the concurrence of,
and in consultation with, the Governor of the Pacific Insular
Area to which such agreement applies; and
``(B) in the case of a Pacific Insular Area other than
American Samoa, Guam, or the Northern Mariana Islands, at the
request of the Western Pacific Council.
``(2) Agreement terms and conditions.--A Pacific Insular Area
fishery agreement--
``(A) 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;
``(B) shall be negotiated and implemented consistent only
with the governing international fishery agreement provisions
of this title specifically made applicable in this subsection;
``(C) may not be negotiated with a nation that is in
violation of a governing international fishery agreement in
effect under this Act;
``(D) shall not be entered into if it is determined by the
Governor of the applicable Pacific Insular Area with respect to
agreements initiated under paragraph (1)(A), or the Western
Pacific Council with respect to agreements initiated under
paragraph (1)(B), that such an agreement will adversely affect
the fishing activities of the indigenous people of such Pacific
Insular Area;
``(E) shall be valid for a period not to exceed three years
and shall only become effective according to the procedures in
section 203; and
``(F) shall require the foreign nation and its fishing
vessels to comply with the requirements of paragraphs (1), (2),
(3) and (4)(A) of section 201(c), section 201(d), and section
201(h).
``(3) Permits for foreign fishing.--
``(A) Application for permits for foreign fishing
authorized under a Pacific Insular Areas fishing agreement
shall be made, considered and approved or disapproved in
accordance with paragraphs (3), (4), (5), (6), (7) (A) and (B),
(8), and (9) of subsection (b), and shall include any
conditions and restrictions established by the Secretary in
consultation with the Secretary of State, the Secretary of the
department in which the Coast Guard is operating, the Governor
of the applicable Pacific Insular Area, and the appropriate
Council.
``(B) If a foreign nation notifies the Secretary of State
of its acceptance of the requirements of this paragraph,
paragraph (2)(F), and paragraph (5), including any conditions
and restrictions established under subparagraph (A), the
Secretary of State shall promptly transmit such notification to
the Secretary. Upon receipt of any payment required under a
Pacific Insular Area fishing agreement, 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 of the
requirements, conditions, and restrictions established under
this subsection which apply to the fishing vessel for which the
permit is issued.
``(4) Marine conservation plans.--
``(A) Prior to entering into a Pacific Insular Area fishery
agreement, the Western Pacific Council and the appropriate
Governor shall develop a 3-year marine conservation plan
detailing uses for funds to be collected by the Secretary
pursuant to such agreement. Such plan shall be consistent with
any applicable fishery management plan, identify conservation
and management objectives (including criteria for determining
when such objectives have been met), and prioritize planned
marine conservation projects. Conservation and management
objectives shall include, but not be limited to--
``(i) establishment of Pacific Insular Area observer
programs, approved by the Secretary in consultation with
the Western Pacific Council, that provide observer coverage
for foreign fishing under Pacific Insular Area fishery
agreements that is at least equal in effectiveness to the
program established by the Secretary under section 201(h);
``(ii) conduct of marine and fisheries research,
including development of systems for information
collection, analysis, evaluation, and reporting;
``(iii) conservation, education, and enforcement
activities related to marine and coastal management, such
as living marine resource assessments, habitat monitoring
and coastal studies;
``(iv) grants to the University of Hawaii for technical
assistance projects by the Pacific Island Network, such as
education and training in the development and
implementation of sustainable marine resources development
projects, scientific research, and conservation strategies;
and
``(v) western Pacific community-based demonstration
projects under section 112(b) of the Sustainable Fisheries
Act and other coastal improvement projects to foster and
promote the management, conservation, and economic
enhancement of the Pacific Insular Areas.
``(B) In the case of American Samoa, Guam, and the Northern
Mariana Islands, the appropriate Governor, with the concurrence of
the Western Pacific Council, shall develop the marine conservation
plan described in subparagraph (A) and submit such plan to the
Secretary for approval. In the case of other Pacific Insular Areas,
the Western Pacific Council shall develop and submit the marine
conservation plan described in subparagraph (A) to the Secretary
for approval.
``(C) If a Governor or the Western Pacific Council intends to
request that the Secretary of State renew a Pacific Insular Area
fishery agreement, a subsequent 3-year plan shall be submitted to
the Secretary for approval by the end of the second year of the
existing 3-year plan.
``(5) Reciprocal conditions.--Except as expressly provided
otherwise in this subsection, a Pacific Insular Area fishing
agreement may include terms similar to the terms applicable to
United States fishing vessels for access to similar fisheries in
waters subject to the fisheries jurisdiction of another nation.
``(6) Use of payments by american samoa, guam, northern mariana
islands.--Any payments received by the Secretary under a Pacific
Insular Area 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. Amounts
deposited in the Treasury of a Pacific Insular Area shall be
available, without appropriation or fiscal year limitation, to the
Governor of the Pacific Insular Area--
``(A) to carry out the purposes of this subsection;
``(B) to compensate (i) the Western Pacific Council for
mutually agreed upon administrative costs incurred relating to
any Pacific Insular Area fishery agreement for such Pacific
Insular Area, and (ii) the Secretary of State for mutually
agreed upon travel expenses for no more than 2 Federal
representatives incurred as a direct result of complying with
paragraph (1)(A); and
``(C) to implement a marine conservation plan developed and
approved under paragraph (4).
``(7) Western pacific sustainable fisheries fund.--There is
established in the United States Treasury a Western Pacific
Sustainable Fisheries Fund into which any payments received by the
Secretary under a Pacific Insular Area fishery agreement for any
Pacific Insular Area other than American Samoa, Guam, or the
Northern Mariana Islands shall be deposited. The Western Pacific
Sustainable Fisheries Fund shall be made available, without
appropriation or fiscal year limitation, to the Secretary, who
shall provide such funds only to--
``(A) the Western Pacific Council for the purpose of
carrying out the provisions of this subsection, including
implementation of a marine conservation plan approved under
paragraph (4);
``(B) the Secretary of State for mutually agreed upon
travel expenses for no more than 2 Federal representatives
incurred as a direct result of complying with paragraph (1)(B);
and
``(C) the Western Pacific Council to meet conservation and
management objectives in the State of Hawaii if monies remain
in the Western Pacific Sustainable Fisheries Fund after the
funding requirements of subparagraphs (A) and (B) have been
satisfied.
Amounts deposited in such fund shall not diminish funding received
by the Western Pacific Council for the purpose of carrying out
other responsibilities under this Act.
``(8) Use of fines and penalties.--In the case of violations
occurring within the exclusive economic zone off 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, after payment of direct costs of the enforcement action
to all entities involved in such action, shall be deposited into
the Treasury of the Pacific Insular Area adjacent to the exclusive
economic zone in which the violation occurred, to be used for
fisheries enforcement and for implementation of a marine
conservation plan under paragraph (4).''.
(e) Atlantic Herring Transshipment.--Within 30 days of receiving an
application, the Secretary shall, under section 204(d) of the Magnuson
Fishery Conservation and Management Act, as amended by this Act, issue
permits to up to fourteen Canadian transport vessels that are not
equipped for fish harvesting or processing, for the transshipment,
within the boundaries of the State of Maine or within the portion of
the exclusive economic zone east of the line 69 degrees 30 minutes west
and within 12 nautical miles from the seaward boundary of that State,
of Atlantic herring harvested by United States fishermen within the
area described and used solely in sardine processing. In issuing a
permit pursuant to this subsection, the Secretary shall provide a
waiver under section 201(h)(2)(C) of the Magnuson Fishery Conservation
and Management Act, as amended by this Act: Provided, That such vessels
comply with Federal or State monitoring and reporting requirements for
the Atlantic herring fishery, including the stationing of United States
observers aboard such vessels, if necessary.
(f) Large Scale Driftnet Fishing.--Section 206 (16 U.S.C. 1826) is
amended--
(1) in subsection (e), by striking paragraphs (3) and (4), and
redesignating paragraphs (5) and (6) as (3) and (4), respectively;
and
(2) in subsection (f), by striking ``(e)(6),'' and inserting
``(e)(4),''.
(g) Russian Fishing in the Bering Sea.--No later than September 30,
1997, the North Pacific Fishery Management Council, in consultation
with the North Pacific and Bering Sea Advisory Body, 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 the institutional structures in Russia pertaining to stock
assessment, management, and enforcement for fishery harvests in the
Bering Sea, and recommendations for improving coordination between the
United States and Russia for managing and conserving Bering Sea fishery
resources of mutual concern.

ff3d85866e7d9a62b1352425f0a45bbe47524f02f5e863023756b1db939ddcb6

(a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by striking
``promote'' and inserting ``consider''.
(b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the
end thereof the following:
``(8) Conservation and management measures shall, consistent
with the conservation requirements of this Act (including the
prevention of overfishing and rebuilding of overfished stocks),
take into account the importance of fishery resources to fishing
communities in order to (A) provide for the sustained participation
of such communities, and (B) to the extent practicable, minimize
adverse economic impacts on such communities.
``(9) Conservation and management measures shall, to the extent
practicable, (A) minimize bycatch and (B) to the extent bycatch
cannot be avoided, minimize the mortality of such bycatch.
``(10) Conservation and management measures shall, to the
extent practicable, promote the safety of human life at sea.''.

1d8a2bb6e2d446b5182df9fe9aff9ff04f4c883874f3e736cb10817bf722b390

(a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
(1) by inserting ``(1)'' after the subsection heading;
(2) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively;
(3) by striking ``section 304(f)(3)'' wherever it appears and
inserting ``paragraph (3)'';
(4) in paragraph (1)(B), as amended--
(A) by striking ``and Virginia'' and inserting ``Virginia,
and North Carolina'';
(B) by inserting ``North Carolina, and'' after ``except'';
(C) by striking ``19'' and inserting ``21''; and
(D) by striking ``12'' and inserting ``13'';
(5) by striking paragraph (1)(F), as redesignated, and
inserting the following:
``(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).'';
(6) by indenting the sentence at the end thereof and inserting
``(2)'' before ``Each Council''; and
(7) by adding at the end the following:
``(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) Section 302(b) (16 U.S.C. 1852(b)) is amended--
(1) by striking ``subsection (b)(2)'' in paragraphs (1)(C) and
(3), and inserting in both places ``paragraphs (2) and (5)'';
(2) by striking the last sentence in paragraph (3) and
inserting the following: ``Any term in which an individual was
appointed to replace a member who left office during the term shall
not be counted in determining the number of consecutive terms
served by that Council member.''; and
(3) by striking paragraph (5) and inserting after paragraph (4)
the following:
``(5)(A) The Secretary shall appoint to the Pacific 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 Secretary, in consultation with the Secretary of the Interior
and tribal governments, shall establish by regulation the procedure
for submitting a list 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 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 paragraphs (2) or (5) 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) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first
sentence--
(1) by striking ``each Council,'' and inserting ``each Council
who are required to be appointed by the Secretary and''; and
(2) by striking ``shall, until January 1, 1992,'' and all that
follows through ``GS-16'' and inserting ``shall receive
compensation at the daily rate for GS-15, step 7''.
(d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding at the
end the following:
``(5) At the request of any voting member of a Council, the
Council shall hold a roll call vote on any matter before the
Council. The official minutes and other appropriate records of any
Council meeting shall identify all roll call votes held, the name
of each voting member present during each roll call vote, and how
each member voted on each roll call vote.''.
(e) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignating
paragraph (4) as paragraph (5), and by inserting after paragraph (3)
the following:
``(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 for a
fishery to which subsection (a)(3) applies. 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.''.
(f) Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) for each fishery under its authority that requires
conservation and management, prepare and submit to the Secretary
(A) a fishery management plan, and (B) amendments to each such plan
that are necessary from time to time (and promptly whenever changes
in conservation and management measures in another fishery
substantially affect the fishery for which such plan was
developed);'';
(2) in paragraph (2)--
(A) by striking ``section 204(b)(4)(C),'' in paragraph (2)
and inserting ``section 204(b)(4)(C) or section 204(d),'';
(B) by striking ``304(c)(2)'' and inserting ``304(c)(4)'';
and
(3) by striking ``304(f)(3)'' in paragraph (5) and inserting
``subsection (a)(3)''.
(g) Section 302 is amended further by striking subsection (i), and
by redesignating subsections (j) and (k) as subsections (i) and (j),
respectively.
(h) Section 302(i), as redesignated, is amended--
(1) by striking ``of the Councils'' in paragraph (1) and
inserting ``established under subsection (g)'';
(2) by striking ``of a Council:'' in paragraph (2) and
inserting ``established under subsection (g):'';
(3) by striking ``Council's'' in paragraph (2)(C);
(4) by adding the following at the end of paragraph (2)(C):
``The published agenda of the meeting may not be modified to
include additional matters for Council action without public notice
or within 14 days prior to the meeting date, unless such
modification is to address an emergency action under section
305(c), in which case public notice shall be given immediately.'';
(5) by adding the following at the end of paragraph (2)(D):
``All written information 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.'';
(6) by striking paragraph (2)(E) and inserting:
``(E) Detailed minutes of each meeting of the Council,
except for any closed session, 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 such meeting and submit a copy
thereof to the Secretary. The minutes shall be made available
to any court of competent jurisdiction.'';
(7) by striking ``by the Council'' the first place it appears
in paragraph (2)(F);
(8) by inserting ``or the Secretary, as appropriate'' in
paragraph (2)(F) after ``of the Council'';
(9) by striking ``303(d)'' each place it appears in paragraph
(2)(F) and inserting ``402(b)''; and
(10) by striking ``303(d)'' in paragraph (4) and inserting
``402(b)''.
(i) Section 302(j), as redesignated, is amended--
(1) by inserting ``and Recusal'' after ``Interest'' in the
subsection heading;
(2) by striking paragraph (1) and inserting the following:
``(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--
``(I) under subsection (b)(2); or
``(II) under subsection (b)(5) who is not subject
to disclosure and recusal requirements under the laws
of an Indian tribal government; and
``(B) the term `designated official' means a person with
expertise in Federal conflict-of-interest requirements who is
designated by the Secretary, in consultation with the Council,
to attend Council meetings and make determinations under
paragraph (7)(B).'';
(3) by striking ``(1)(A)'' in paragraph (3)(A) and inserting
``(1)(A)(i)'';
(4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and
inserting ``(1)(A)(ii)'';
(5) by striking ``(1)(B) or (C)'' in paragraph (4) and
inserting ``(1)(A)(ii)'';
(6)(A) by striking ``and'' at the end of paragraph (5)(A);
(B) by striking the period at the end of paragraph (5)(B) and
inserting a semicolon and the word ``and''; and
(C) by adding at the end of paragraph (5) the following:
``(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.'';
(7) by striking ``(1)(B) or (C)'' in paragraph (6) and
inserting ``(1)(A)(ii)'';
(8) by redesignating paragraph (7) as paragraph (8) and
inserting after paragraph (6) the following:
``(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 substantially disproportionate
benefit to the financial interest of the affected individual
relative to the financial interests of other participants in the
same gear type or sector of the fishery. 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 may 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 the
Sustainable Fisheries 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).''; and
(9) by striking ``(1)(B) or (C)'' in paragraph (8), as
redesignated, and inserting ``(1)(A)(ii)''.

94849d035a98e871e2675ace0fea954f1764b2b66be30f8ba229870b363de5ac

(a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is
amended--
(1) in paragraph (1)(A) by inserting ``and rebuild overfished
stocks'' after ``overfishing'';
(2) by inserting ``commercial, recreational, and charter
fishing in'' in paragraph (5) after ``with respect to'';
(3) by striking paragraph (7) and inserting the following:
``(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 to the extent practicable adverse
effects on such habitat caused by fishing, and identify other
actions to encourage the conservation and enhancement of such
habitat;'';
(4) by striking ``and'' at the end of paragraph (8);
(5) by inserting ``and fishing communities'' after
``fisheries'' in paragraph (9)(A);
(6) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(7) by adding at the end the following:
``(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 the Secretary has determined is approaching an
overfished condition or is overfished, contain conservation and
management measures to prevent overfishing or end overfishing and
rebuild the fishery;
``(11) establish a standardized reporting methodology to assess
the amount and type of bycatch occurring in the fishery, and
include conservation and management measures that, to the extent
practicable and in the following priority--
``(A) minimize bycatch; and
``(B) minimize the mortality of bycatch which cannot be
avoided;
``(12) assess the type and amount of fish caught and released
alive during recreational fishing under catch and release fishery
management programs and the mortality of such fish, and include
conservation and management measures that, to the extent
practicable, minimize mortality and ensure the extended survival of
such fish;
``(13) include a description of the commercial, recreational,
and charter fishing sectors which participate in the fishery and,
to the extent practicable, quantify trends in landings of the
managed fishery resource by the commercial, recreational, and
charter fishing sectors; and
``(14) to the extent that rebuilding plans or other
conservation and management measures which reduce the overall
harvest in a fishery are necessary, allocate any harvest
restrictions or recovery benefits fairly and equitably among the
commercial, recreational, and charter fishing sectors in the
fishery.''.
(b) Implementation.--Not later than 24 months after the date of
enactment of this Act, each Regional Fishery Management Council shall
submit to the Secretary of Commerce amendments to each fishery
management plan under its authority to comply with the amendments made
in subsection (a) of this section.
(c) Discretionary Provisions.--Section 303(b) (16 U.S.C. 1853(b))
is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) establish specified limitations which are necessary and
appropriate for the conservation and management of the fishery on
the--
``(A) catch of fish (based on area, species, size, number,
weight, sex, bycatch, total biomass, or other factors);
``(B) sale of fish caught during commercial, recreational,
or charter fishing, consistent with any applicable Federal and
State safety and quality requirements; and
``(C) transshipment or transportation of fish or fish
products under permits issued pursuant to section 204;'';
(2) by striking ``system for limiting access to'' in paragraph
(6) and inserting ``limited access system for'';
(3) by striking ``fishery'' in subparagraph (E) of paragraph
(6) and inserting ``fishery and any affected fishing communities'';
(4) by inserting ``one or more'' in paragraph (8) after
``require that'';
(5) by striking ``and'' at the end of paragraph (9);
(6) by redesignating paragraph (10) as paragraph (12); and
(7) by inserting after paragraph (9) the following:
``(10) include, consistent with the other provisions of this
Act, conservation and management measures that provide harvest
incentives for participants within each gear group to employ
fishing practices that result in lower levels of bycatch or in
lower levels of the mortality of bycatch;
``(11) reserve a portion of the allowable biological catch of
the fishery for use in scientific research; and''.
(d) Regulations.--Section 303 (16 U.S.C. 1853) is amended by
striking subsection (c) and inserting the following:
``(c) Proposed Regulations.--Proposed regulations which the
Council deems necessary or appropriate for the purposes of--
``(1) implementing a fishery management plan or plan amendment
shall be submitted to the Secretary simultaneously with the plan or
amendment under section 304; and
``(2) making modifications to regulations implementing a
fishery management plan or plan amendment may be submitted to the
Secretary at any time after the plan or amendment is approved under
section 304.''.
(e) Individual Fishing Quotas.--Subsection 303 (16 U.S.C. 1853) is
amended further by striking subsections (d), (e), and (f), and
inserting the following:
``(d) Individual Fishing Quotas.--
``(1)(A) A Council may not submit and the Secretary may not
approve or implement before October 1, 2000, any fishery management
plan, plan amendment, or regulation under this Act which creates a
new individual fishing quota program.
``(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 returned by the Secretary to the
appropriate Council and shall not be resubmitted, reapproved, or
implemented during the moratorium set forth in subparagraph (A).
``(2)(A) No provision of law shall be construed to limit the
authority of a Council to submit 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 program.
``(B) This subsection shall not be construed to prohibit a
Council from submitting, or the Secretary from approving and
implementing, amendments to the North Pacific halibut and
sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and
ocean (including mahogany) quahog individual fishing quota
programs.
``(3) An individual fishing quota or other limited access
system authorization--
``(A) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(B) may be revoked or limited at any time in accordance
with this Act;
``(C) shall not confer any right of compensation to the
holder of such individual fishing quota or other such limited
access system authorization if it is revoked or limited; and
``(D) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish is
harvested.
``(4)(A) A Council may submit, and the Secretary may approve
and implement, a program which reserves up to 25 percent of any
fees collected from a fishery 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 issue obligations that aid in
financing the--
``(i) purchase of individual fishing quotas in that fishery
by fishermen who fish from small vessels; and
``(ii) first-time purchase of individual fishing quotas in
that fishery by entry level fishermen.
``(B) A Council making a submission 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.
``(5) In submitting and approving any new individual fishing
quota program on or after October 1, 2000, the Councils and the
Secretary shall consider the report of the National Academy of
Sciences required under section 108(f) of the Sustainable Fisheries
Act, and any recommendations contained in such report, and shall
ensure that any such program--
``(A) establishes procedures and requirements for the
review and revision of the terms of any such program (including
any revisions that may be necessary once a national policy with
respect to individual fishing quota programs is implemented),
and, if appropriate, for the renewal, reallocation, or
reissuance of individual fishing quotas;
``(B) provides for the effective enforcement and management
of any such program, including adequate observer coverage, and
for fees under section 304(d)(2) to recover actual costs
directly related to such enforcement and management; and
``(C) provides for a fair and equitable initial allocation
of individual fishing quotas, prevents any person from
acquiring an excessive share of the individual fishing quotas
issued, and considers the allocation of a portion of the annual
harvest in the fishery for entry-level fishermen, small vessel
owners, and crew members who do not hold or qualify for
individual fishing quotas.''.
(f) Individual Fishing Quota Report.--(1) Not later than October 1,
1998, the National Academy of Sciences, in consultation with the
Secretary of Commerce and the Regional Fishery Management Councils,
shall submit to the Congress a comprehensive final report on individual
fishing quotas, which shall include recommendations to implement a
national policy with respect to individual fishing quotas. The report
shall address all aspects of such quotas, including an analysis of--
(A) the effects of limiting or prohibiting the transferability
of such quotas;
(B) mechanisms to prevent foreign control of the harvest of
United States fisheries under individual fishing quota programs,
including mechanisms to prohibit persons who are not eligible to be
deemed a citizen of the United States for the purpose of operating
a vessel in the coastwise trade under section 2(a) and section 2(c)
of the Shipping Act, 1916 (46 U.S.C. 802 (a) and (c)) from holding
individual fishing quotas;
(C) the impact of limiting the duration of individual fishing
quota programs;
(D) the impact of authorizing Federal permits to process a
quantity of fish that correspond to individual fishing quotas, and
of the value created for recipients of any such permits, including
a comparison of such value to the value of the corresponding
individual fishing quotas;
(E) mechanisms to provide for diversity and to minimize adverse
social and economic impacts on fishing communities, other fisheries
affected by the displacement of vessels, and any impacts associated
with the shifting of capital value from fishing vessels to
individual fishing quotas, as well as the use of capital
construction funds to purchase individual fishing quotas;
(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic discards;
(G) threshold criteria for determining whether a fishery may be
considered for individual fishing quota management, including
criteria related to the geographical range, population dynamics and
condition of a fish stock, the socioeconomic characteristics of a
fishery (including participants' involvement in multiple fisheries
in the region), and participation by commercial, charter, and
recreational fishing sectors in the fishery;
(H) mechanisms to ensure that vessel owners, vessel masters,
crew members, and United States fish processors are treated fairly
and equitably in initial allocations, to require persons holding
individual fishing quotas to be on board the vessel using such
quotas, and to facilitate new entry under individual fishing quota
programs;
(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any recipients of
Federal permits described in subparagraph (D) under individual
fishing quota programs, including from capital gains revenue, the
allocation of such quotas or permits through Federal auctions,
annual fees and transfer fees at various levels, or other measures;
(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value of the
fish harvested under such quotas and to the value of permits
created by other types of limited access systems, and the effects
of creating such value on fishery management and conservation; and
(K) such other matters as the National Academy of Sciences
deems appropriate.
(2) The report shall include a detailed analysis of individual
fishing quota programs already implemented in the United States,
including the impacts: of any limits on transferability, on past
and present participants, on fishing communities, on the rate and
total amount of bycatch (including economic and regulatory
discards) in the fishery, on the safety of life and vessels in the
fishery, on any excess harvesting or processing capacity in the
fishery, on any gear conflicts in the fishery, on product quality
from the fishery, on the effectiveness of enforcement in the
fishery, on the size and composition of fishing vessel fleets, on
the economic value created by individual fishing quotas for initial
recipients and non-recipients, on conservation of the fishery
resource, on fishermen who rely on participation in several
fisheries, on the success in meeting any fishery management plan
goals, and the fairness and effectiveness of the methods used for
allocating quotas and controlling transferability. The report shall
also include any information about individual fishing quota
programs in other countries that may be useful.
(3) The report shall identify and analyze alternative
conservation and management measures, including other limited
access systems such as individual transferable effort systems, that
could accomplish the same objectives as individual fishing quota
programs, as well as characteristics that are unique to individual
fishing quota programs.
(4) The Secretary of Commerce shall, in consultation with the
National Academy of Sciences, the Councils, the fishing industry,
affected States, conservation organizations and other interested
persons, establish two individual fishing quota review groups to
assist in the preparation of the report, which shall represent: (A)
Alaska, Hawaii, and the other Pacific coastal States; and (B)
Atlantic coastal States and the Gulf of Mexico coastal States. The
Secretary shall, to the extent practicable, achieve a balanced
representation of viewpoints among the individuals on each review
group. The review groups shall be deemed to be advisory panels
under section 302(g) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act.
(5) The Secretary of Commerce, in consultation with the
National Academy of Sciences and the Councils, shall conduct public
hearings in each Council region to obtain comments on individual
fishing quotas for use by the National Academy of Sciences in
preparing the report required by this subsection. The National
Academy of Sciences shall submit a draft report to the Secretary of
Commerce by January 1, 1998. The Secretary of Commerce shall
publish in the Federal Register a notice and opportunity for public
comment on the draft of the report, or any revision thereof. A
detailed summary of comments received and views presented at the
hearings, including any dissenting views, shall be included by the
National Academy of Sciences in the final report.
(6) Section 210 of Public Law 104-134 is hereby repealed.
(g) North Pacific Loan Program.--(1) By not later than October 1,
1997 the North Pacific Fishery Management Council shall recommend to
the Secretary of Commerce a program which uses the full amount of fees
authorized to be used under section 303(d)(4) of the Magnuson Fishery
Conservation and Management Act, as amended by this Act, in the halibut
and sablefish fisheries off Alaska to guarantee obligations in
accordance with such section.
(2)(A) For the purposes of this subsection, the phrase ``fishermen
who fish from small vessels'' in section 303(d)(4)(A)(i) of such Act
shall mean fishermen wishing to purchase individual fishing quotas for
use from Category B, Category C, or Category D vessels, as defined in
part 676.20(c) of title 50, Code of Federal Regulations (as revised as
of October 1, 1995), whose aggregate ownership of individual fishing
quotas will not exceed the equivalent of a total of 50,000 pounds of
halibut and sablefish harvested in the fishing year in which a
guarantee application is made if the guarantee is approved, who will
participate aboard the fishing vessel in the harvest of fish caught
under such quotas, who have at least 150 days of experience working as
part of the harvesting crew in any United States commercial fishery,
and who do not own in whole or in part any Category A or Category B
vessel, as defined in such part and title of the Code of Federal
Regulations.
(B) For the purposes of this subsection, the phrase ``entry level
fishermen'' in section 303(d)(4)(A)(ii) of such Act shall mean
fishermen who do not own any individual fishing quotas, who wish to
obtain the equivalent of not more than a total of 8,000 pounds of
halibut and sablefish harvested in the fishing year in which a
guarantee application is made, and who will participate aboard the
fishing vessel in the harvest of fish caught under such quotas.
(h) Community Development Quota Report.--Not later than October 1,
1998, the National Academy of Sciences, in consultation with the
Secretary, the North Pacific and Western Pacific Councils, communities
and organizations participating in the program, participants in
affected fisheries, and the affected States, shall submit to the
Secretary of Commerce and Congress a comprehensive report on the
performance and effectiveness of the community development quota
programs under the authority of the North Pacific and Western Pacific
Councils. The report shall--
(1) evaluate the extent to which such programs have met the
objective of providing communities with the means to develop
ongoing commercial fishing activities;
(2) evaluate the manner and extent to which such programs have
resulted in the communities and residents--
(A) receiving employment opportunities in commercial
fishing and processing; and
(B) obtaining the capital necessary to invest in commercial
fishing, fish processing, and commercial fishing support
projects (including infrastructure to support commercial
fishing);
(3) evaluate the social and economic conditions in the
participating communities and the extent to which alternative
private sector employment opportunities exist;
(4) evaluate the economic impacts on participants in the
affected fisheries, taking into account the condition of the
fishery resource, the market, and other relevant factors;
(5) recommend a proposed schedule for accomplishing the
developmental purposes of community development quotas; and
(6) address such other matters as the National Academy of
Sciences deems appropriate.
(i) Existing Quota Plans.--Nothing in this Act or the amendments
made by this Act shall be construed to require a reallocation of
individual fishing quotas under any individual fishing quota program
approved by the Secretary before January 4, 1995.

ccb5d1a4d93102f3ab5eccf13c370f2d5fe22a4f55f387729bae8f89aee6a4f4

(a) Secretarial Review of Plans and Regulations.--Section 304 (16
U.S.C. 1854) is amended by striking subsections (a) and (b) and
inserting the following:
``(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
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 amendment is available and that
written information, 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 information, 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 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.
If the Secretary does not notify a Council within 30 days of the
end of the comment period of the approval, disapproval, or partial
approval of a plan or amendment, then such plan or amendment shall
take effect as if approved.
``(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 fishery management
plan, 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, plan amendment, 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 in the Federal Register, with
such technical changes as may be necessary for clarity and an
explanation of those changes, 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, plan amendment, 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.''.
(b) Preparation by the Secretary.--Section 304(c) (16 U.S.C.
1854(c)) is amended--
(1) by striking the subsection heading and inserting
``Preparation and Review of Secretarial Plans'';
(2) by striking ``or'' at the end of paragraph (1)(A);
(3) by striking all that follows ``further revised plan'' in
paragraph (1) and inserting ``or amendment; or'';
(4) by inserting after subparagraph (1)(B), as amended, the
following new subparagraph:
``(C) the Secretary is given authority to prepare such plan
or amendment under this section.'';
(5) by striking paragraph (2) and inserting:
``(2) In preparing any plan or amendment under this subsection,
the Secretary shall--
``(A) conduct public hearings, at appropriate times and
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; and
``(B) 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.'';
(6) by inserting ``for a fishery under the authority of a
Council'' after ``paragraph (1)'' in paragraph (3);
(7) by striking ``system described in section 303(b)(6)'' in
paragraph (3) and inserting ``system, including any individual
fishing quota program''; and
(8) by inserting after paragraph (3) the following new
paragraphs:
``(4) Whenever the Secretary prepares a fishery management plan
or plan amendment under this section, the Secretary shall
immediately--
``(A) for a plan or amendment for a fishery under the
authority of a Council, submit such plan or amendment to the
appropriate Council for consideration and comment; and
``(B) publish in the Federal Register a notice stating that
the plan or amendment is available and that written
information, 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.
``(5) Whenever a plan or amendment is submitted under paragraph
(4)(A), 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
paragraph (4)(B). After the close of such 60-day period, the
Secretary, after taking into account any such comments and
recommendations, as well as any views, information, or comments
submitted under paragraph (4)(B), may adopt such plan or amendment.
``(6) The Secretary may propose regulations in the Federal
Register to implement any plan or amendment prepared by the
Secretary. In the case of a plan or amendment to which paragraph
(4)(A) applies, such regulations shall be submitted to the Council
with such plan or amendment. 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.
``(7) The Secretary shall promulgate final regulations within
30 days after the end of the comment period under paragraph (6).
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 fishery
management plan, with the national standards and other provisions
of this Act, and with any other applicable law.''.
(c) Individual Fishing Quota and Community Development Quota
Fees.--Section 304(d) (16 U.S.C. 1854(d)) is amended--
(1) by inserting ``(1)'' immediately before the first sentence;
and
(2) by inserting at the end the following:
``(2)(A) Notwithstanding paragraph (1), the Secretary is
authorized and shall collect a fee to recover the actual costs
directly related to the management and enforcement of any--
``(i) individual fishing quota program; and
``(ii) community development quota program that allocates a
percentage of the total allowable catch of a fishery to such
program.
``(B) Such fee shall not exceed 3 percent of the ex-vessel
value of fish harvested under any such program, and shall be
collected at either the time of the landing, filing of a landing
report, or sale of such fish during a fishing season or in the last
quarter of the calendar year in which the fish is harvested.
``(C)(i) Fees collected under this paragraph shall be in
addition to any other fees charged under this Act and shall be
deposited in the Limited Access System Administration Fund
established under section 305(h)(5)(B), except that the portion of
any such fees reserved under section 303(d)(4)(A) shall be
deposited in the Treasury and available, subject to annual
appropriations, to cover the costs of new direct loan obligations
and new loan guarantee commitments as required by section 504(b)(1)
of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1)).
``(ii) Upon application by a State, the Secretary shall
transfer to such State up to 33 percent of any fee collected
pursuant to subparagraph (A) under a community development quota
program and deposited in the Limited Access System Administration
Fund in order to reimburse such State for actual costs directly
incurred in the management and enforcement of such program.''.
(d) Delay of Fees.--Notwithstanding any other provision of law, the
Secretary shall not begin the collection of fees under section
304(d)(2) of the Magnuson Fishery Conservation and Management Act, as
amended by this Act, in the surf clam and ocean (including mahogany)
quahog fishery or in the wreckfish fishery until after January 1, 2000.
(e) Overfishing.--Section 304(e) (16 U.S.C. 1854(e)) is amended to
read as follows:
``(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) If the Secretary determines at any time that a fishery is
overfished, the Secretary shall immediately 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 under paragraph (1)
or notification under paragraphs (2) or (7), the appropriate
Council (or the Secretary, for fisheries under section 302(a)(3))
shall prepare a fishery management plan, plan amendment, or
proposed regulations for the fishery to which the identification or
notice applies--
``(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 pursuant to
paragraph (3) or paragraph (5) for such fishery 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, 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, other environmental
conditions, or management measures under an international
agreement in which the United States participates 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 traditional participation in the fishery,
relative to other nations, by fishermen of the United States.
``(5) If, within the one-year period beginning on the date of
identification or notification that a fishery is overfished, the
Council does not submit to the Secretary a fishery management plan,
plan amendment, or proposed regulations required by paragraph
(3)(A), the Secretary shall prepare a fishery management plan or
plan amendment and any accompanying regulations to stop overfishing
and rebuild affected stocks of fish within 9 months under
subsection (c).
``(6) During the development of a fishery management plan, a
plan amendment, or proposed regulations required by this
subsection, the Council may request the Secretary to implement
interim measures to reduce overfishing under section 305(c) until
such measures can be replaced by such plan, amendment, or
regulations. 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 required by 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. Such notification shall recommend further
conservation and management measures which the Council should
consider under paragraph (3) to achieve adequate progress.''.
(f) Fisheries under Authority of More Than One Council.--Section
304(f) is amended by striking paragraph (3).
(g) Atlantic Highly Migratory Species.--Section 304 (16 U.S.C.
1854) is amended further by striking subsection (g) and inserting the
following:
``(g) Atlantic Highly Migratory Species.--(1) Preparation and
implementation of plan or plan amendment.--The Secretary shall prepare
a fishery management plan or plan amendment under subsection (c) with
respect to any highly migratory species fishery to which section
302(a)(3) applies. In preparing and implementing any such plan or
amendment, the Secretary shall--
``(A) consult with and consider the comments and views of
affected Councils, 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);
``(B) establish an advisory panel under section 302(g) for each
fishery management plan to be prepared under this paragraph;
``(C) 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;
``(D) 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 at
such fishing mortality level;
``(E) 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;
``(F) 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
``(G) ensure that conservation and management measures under
this subsection--
``(i) promote international conservation of the affected
fishery;
``(ii) take into consideration traditional fishing patterns
of fishing vessels of the United States and the operating
requirements of the fisheries;
``(iii) are fair and equitable in allocating fishing
privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
``(iv) promote, to the extent practicable, implementation
of scientific research programs that include the tagging and
release of Atlantic highly migratory species.
``(2) Certain fish excluded from `bycatch' definition.--
Notwithstanding section 3(2), fish harvested in a commercial fishery
managed by the Secretary under this subsection or the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory
discards and that are tagged and released alive under a scientific
tagging and release program established by the Secretary shall not be
considered bycatch for purposes of this Act.''.
(h) Comprehensive Management System for Atlantic Pelagic Longline
Fishery.--(1) The Secretary of Commerce shall--
(A) establish an advisory panel under section 302(g)(4) of the
Magnuson Fishery Conservation and Management Act, as amended by
this Act, for pelagic longline fishing vessels that participate in
fisheries for Atlantic highly migratory species;
(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for future
management programs;
(C) to the extent practicable and necessary for the evaluation
of options for a comprehensive management system, recover vessel
production records; and
(D) complete by January 1, 1998, a comprehensive study on the
feasibility of implementing a comprehensive management system for
pelagic longline fishing vessels that participate in fisheries for
Atlantic highly migratory species, including, but not limited to,
individual fishing quota programs and other limited access systems.
(2) Based on the study under paragraph (1)(D) and consistent with
the requirements of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), in cooperation with affected participants
in the fishery, the United States Commissioners on the International
Commission for the Conservation of Atlantic Tunas, and the advisory
panel established under paragraph (1)(A), the Secretary of Commerce
may, after October 1, 1998, implement a comprehensive management system
pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic
longline fishing vessels that participate in fisheries for Atlantic
highly migratory species. Such a system may not implement an individual
fishing quota program until after October 1, 2000.
(i) Repeal or Revocation of a Fishery Management Plan.--Section
304, as amended, is further amended by adding at the end the following:
``(h) Repeal or Revocation of a Fishery Management Plan.--The
Secretary may repeal or revoke a fishery management plan for a fishery
under the authority of a Council only if the Council approves the
repeal or revocation by a three-quarters majority of the voting members
of the Council.''.
(j) American Lobster Fishery.--Section 304(h) of the Magnuson
Fishery Conservation and Management Act, as amended by this Act, shall
not apply to the American Lobster Fishery Management Plan.

433d5c5f5fc612dc6159fb195eac01207b2c940d7b0d44c9ffbccc31367e11b7

(a) Section 305 (18 U.S.C. 1855) is amended--
(1) by striking the title and subsection (a);
(2) by redesignating subsection (b) as subsection (f); and
(3) by inserting the following before subsection (c):
``SEC. 305. 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 may 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.
``(6) Nothing in this subsection shall be construed to permit a
person or vessel to engage in fishing or employ fishing gear when
such fishing or gear is prohibited or restricted by regulation
under a fishery management plan or plan amendment, or under other
applicable law.
``(b) Fish Habitat.--(1)(A) The Secretary shall, within 6 months of
the date of enactment of the Sustainable Fisheries Act, establish by
regulation 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 in the consideration of
actions to ensure the conservation and enhancement of such habitat. The
Secretary shall set forth a schedule for the amendment of fishery
management plans to include the identification of essential fish
habitat and for the review and updating of such identifications based
on new scientific evidence or other relevant information.
``(B) The Secretary, in consultation with participants in the
fishery, 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 authorized, funded, or undertaken, or proposed to
be authorized, funded, or 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 authorized,
funded, or undertaken, or proposed to be authorized, funded, or
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
authorized, funded, or undertaken, or proposed to be authorized,
funded, or 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
subparagraph (A), a Federal agency shall provide a detailed response in
writing to any Council commenting under paragraph (3) and the Secretary
regarding the matter. The response shall include a description of
measures proposed 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.''.
(b) Section 305(c) (16 U.S.C. 1855(c)) is amended--
(1) in the heading by striking ``Actions'' and inserting
``Actions and Interim Measures'';
(2) in paragraphs (1) and (2)--
(A) by striking ``involving'' and inserting ``or that
interim measures are needed to reduce overfishing for''; and
(B) by inserting ``or interim measures'' after ``emergency
regulations''; and
(C) by inserting ``or overfishing'' after ``emergency'';
and
(3) in paragraph (3)--
(A) by inserting ``or interim measure'' after ``emergency
regulation'' each place such term appears;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (A) the following:
``(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 one additional period of not more than 180 days,
provided the public has had an opportunity to comment on the
emergency regulation or interim measure, and, in the case of a
Council recommendation for emergency regulations or interim
measures, the Council is actively preparing a fishery
management plan, plan amendment, or proposed regulations to
address the emergency or overfishing on a permanent basis;
``(C) that responds to a public health emergency or an oil
spill may remain in effect until the circumstances that created
the emergency no longer exist, Provided, That the public has an
opportunity to comment after the regulation is published, and,
in the case of a public health emergency, the Secretary of
Health and Human Services concurs with the Secretary's action;
and''.
(c) Section 305(e) is amended--
(1) by striking ``12291, dated February 17, 1981,'' and
inserting ``12866, dated September 30, 1993,''; and
(2) by striking ``subsection (c) or section 304(a) and (b)''
and inserting ``subsections (a), (b), and (c) of section 304''.
(d) Section 305, as amended, is further amended by adding at the
end the following:
``(g) Negotiated Conservation and Management Measures.--
``(1)(A) In accordance with regulations promulgated by the
Secretary pursuant to this paragraph, a Council may establish a
fishery negotiation panel to assist in the development of specific
conservation and management measures for a fishery under its
authority. The Secretary may establish a fishery negotiation panel
to assist in the development of specific conservation and
management measures required for a fishery under section 304(e)(5),
for a fishery for which the Secretary has authority under section
304(g), or for any other fishery with the approval of the
appropriate Council.
``(B) No later than 180 days after the date of enactment of the
Sustainable Fisheries Act, 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) If a negotiation panel submits a report, such report
shall specify all the areas where consensus was reached by the
panel, including, if appropriate, proposed conservation and
management measures, as well as any other information submitted by
members of the negotiation panel. Upon receipt, the Secretary shall
publish such report 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 use
all or any portion of a report from a negotiation panel established
under this subsection in the development of specific conservation
and management measures 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 Fisheries Act, the Secretary shall establish an
exclusive central registry system (which may be administered on a
regional basis) for 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 the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the
buyer and seller of a permit if a lien has been filed by the
Secretary of the Treasury against the permit before collecting any
transfer fee under paragraph (5) of this subsection.
``(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)(A) Notwithstanding section 304(d)(1), the Secretary shall
collect a reasonable fee of not more than one-half of one percent
of the value of a limited access system permit upon registration of
the title to such permit with the central registry system and upon
the transfer of such registered title. Any such fee collected shall
be deposited in the Limited Access System Administration Fund
established under subparagraph (B).
``(B) There is established in the Treasury a Limited Access
System Administration Fund. The Fund shall be available, without
appropriation or fiscal year limitation, only to the Secretary for
the purposes of--
``(i) administering the central registry system; and
``(ii) administering and implementing this Act in the
fishery in which the fees were collected. Sums in the Fund that
are not currently needed for these purposes shall be kept on
deposit or invested in obligations of, or guaranteed by, the
United States.''.
(e) Registry Transition.--Security interests on permits described
under section 305(h)(1) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act, that are effective and
perfected by otherwise applicable law on the date of the final
regulations implementing section 305(h) shall remain effective and
perfected if, within 120 days after such date, the secured party
submits evidence satisfactory to the Secretary of Commerce and in
compliance with such regulations of the perfection of such security.

231a33dbccd50e4d4e3bbf3f40bd4a83227a0ec24b273f7cb8df106a670c5f48

(a) Harold Sparck Memorial Community Development Quota Program.--
Section 305, as amended, is amended further by adding at the end:
``(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 subparagraph (A) 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 on 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;
``(iv) be certified by the Secretary of the Interior
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) 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 or waters surrounding the Aleutian
Islands; 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) Prior to October 1, 2001, the North Pacific Council
may not submit 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 approved a percentage of the
total allowable catch for allocation to such community development
quota program. The expiration of any plan, amendment, or regulation
that meets the requirements of clause (ii) prior to October 1,
2001, shall not be construed to prohibit the Council from
submitting a revision or extension of such plan, amendment, or
regulation to the Secretary if such revision or extension complies
with the other requirements of this paragraph.
``(ii) 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 approved by the North Pacific Council prior to
October 1, 1995;
the Secretary shall, except as provided in clause (iii) and after
approval of such plan, amendment, or regulation under section 304,
allocate to the program the percentage of the total allowable catch
described in such plan, amendment, or regulation. Prior to October
1, 2001, the percentage submitted by the Council and approved by
the Secretary for any such plan, amendment, or regulation shall be
no greater than the percentage approved by the Council for such
fishery prior to October 1, 1995.
``(iii) The Secretary shall phase in the percentage for
community development quotas approved in 1995 by the North Pacific
Council for the Bering Sea crab fisheries as follows:
``(I) 3.5 percent of the total allowable catch of each such
fishery for 1998 shall be allocated to the western Alaska
community development quota program;
``(II) 5 percent of the total allowable catch of each such
fishery for 1999 shall be allocated to the western Alaska
community development quota program; and
``(III) 7.5 percent of the total allowable catch of each
such fishery for 2000 and thereafter shall be allocated to the
western Alaska community development quota program, unless the
North Pacific Council submits and the Secretary approves a
percentage that is no greater than 7.5 percent of the total
allowable catch of each such fishery for 2001 or the North
Pacific Council submits and the Secretary approves any other
percentage on or after October 1, 2001.
``(D) This paragraph shall not be construed to require the
North Pacific Council to resubmit, or the Secretary to reapprove,
any fishery management plan or plan amendment approved by the North
Pacific Council prior to October 1, 1995, that includes a community
development quota program, or any regulations to implement such
plan or amendment.
``(2)(A) The Western Pacific Council and the Secretary may
establish a western Pacific community development program for any
fishery under the authority of such Council in order to provide
access to such fishery for 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;
``(iii) consist of community residents who are descended
from the aboriginal people indigenous to the area who conducted
commercial or subsistence fishing using traditional fishing
practices in the waters of the Western Pacific region;
``(iv) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in fisheries in the Western Pacific Regional
Fishery Management Area; and
``(v) develop and submit a Community Development Plan to
the Western Pacific Council and the Secretary.
``(C) In developing the criteria for eligible communities under
subparagraph (B)(ii), the Western Pacific Council shall base such
criteria on traditional fishing practices in or dependence on the
fishery, the cultural and social framework relevant to the fishery,
and economic barriers to access to the fishery.
``(D) For the purposes of this subsection `Western Pacific
Regional Fishery Management Area' means the area under the
jurisdiction of the Western Pacific Council, or an island within
such area.
``(E) 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.
``(3) The Secretary shall deduct from any fees collected from a
community development quota program under section 304(d)(2) the
costs incurred by participants in the program for observer and
reporting requirements which are in addition to observer and
reporting requirements of other participants in the fishery in
which the allocation to such program has been made.
``(4) After the date of enactment of the Sustainable Fisheries
Act, the North Pacific Council and Western Pacific Council may not
submit to the Secretary a community development quota program that
is not in compliance with this subsection.''.
(b) Western Pacific Demonstration Projects.--(1) The Secretary of
Commerce and the Secretary of the Interior are authorized to make
direct grants to eligible western Pacific communities, as recommended
by the Western Pacific Fishery Management Council, for the purpose of
establishing not less than three and not more than five fishery
demonstration projects to foster and promote traditional indigenous
fishing practices. The total amount of grants awarded under this
subsection shall not exceed $500,000 in each fiscal year.
(2) Demonstration projects funded pursuant to this subsection shall
foster and promote the involvement of western Pacific communities in
western Pacific fisheries and may--
(A) identify and apply traditional indigenous fishing
practices;
(B) develop or enhance western Pacific community-based fishing
opportunities; and
(C) involve research, community education, or the acquisition
of materials and equipment necessary to carry out any such
demonstration project.
(3)(A) The Western Pacific Fishery Management Council, in
consultation with the Secretary of Commerce, shall establish an
advisory panel under section 302(g) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate,
determine the relative merits of, and annually rank applications for
such grants. The panel shall consist of not more than 8 individuals who
are knowledgeable or experienced in traditional indigenous fishery
practices of western Pacific communities and who are not members or
employees of the Western Pacific Fishery Management Council.
(B) If the Secretary of Commerce or the Secretary of the Interior
awards a grant for a demonstration project not in accordance with the
rank given to such project by the advisory panel, the Secretary shall
provide a detailed written explanation of the reasons therefor.
(4) The Western Pacific Fishery Management Council shall, with the
assistance of such advisory panel, submit an annual report to the
Congress assessing the status and progress of demonstration projects
carried out under this subsection.
(5) Appropriate Federal agencies may provide technical assistance
to western Pacific community-based entities to assist in carrying out
demonstration projects under this subsection.
(6) For the purposes of this subsection, `western Pacific
community' shall mean a community eligible to participate under section
305(i)(2)(B) of the Magnuson Fishery Conservation and Management Act,
as amended by this Act.

49a463207549f2b2b5177060371b4900886943093def08217c4dd87745770b1b

(a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended
to read as follows:
``(3) A State may regulate a fishing vessel outside the
boundaries of the State in the following circumstances:
``(A) The fishing vessel is registered under the law of
that State, and (i) there is no fishery management plan or
other applicable Federal fishing regulations for the fishery in
which the vessel is operating; or (ii) the State's laws and
regulations are consistent with the fishery management plan and
applicable Federal fishing regulations for the fishery in which
the vessel is operating.
``(B) The fishery management plan for the fishery in which
the fishing vessel is operating delegates management of the
fishery to a State and the State's laws and regulations are
consistent with such fishery management plan. If at any time
the Secretary determines that a State law or regulation
applicable to a fishing vessel under this circumstance is not
consistent with the fishery management plan, the Secretary
shall promptly notify the State and the appropriate Council of
such determination and provide an opportunity for the State to
correct any inconsistencies identified in the notification. If,
after notice and opportunity for corrective action, the State
does not correct the inconsistencies identified by the
Secretary, the authority granted to the State under this
subparagraph shall not apply until the Secretary and the
appropriate Council find that the State has corrected the
inconsistencies. For a fishery for which there was a fishery
management plan in place on August 1, 1996 that did not
delegate management of the fishery to a State as of that date,
the authority provided by this subparagraph applies only if the
Council approves the delegation of management of the fishery to
the State by a three-quarters majority vote of the voting
members of the Council.
``(C) The fishing vessel is not registered under the law of
the State of Alaska and is operating in a fishery in the
exclusive economic zone off Alaska for which there was no
fishery management plan in place on August 1, 1996, and the
Secretary and the North Pacific Council find that there is a
legitimate interest of the State of Alaska in the conservation
and management of such fishery. The authority provided under
this subparagraph shall terminate when a fishery management
plan under this Act is approved and implemented for such
fishery.''.
(b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the
end the following:
``(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).''.
(c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
(1) by striking ``(4)(C); and'' in subparagraph (A) and
inserting ``(4)(C) or has received a permit under section
204(d);'';
(2) by striking the period at the end of subparagraph (B) and
inserting a semicolon and the word ``and''; and
(3) by inserting after subparagraph (B) the following:
``(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.''.
(d) Interim Authority for Dungeness Crab.--(1) Subject to the
provisions of this subsection and notwithstanding section 306(a) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856(a)),
the States of Washington, Oregon, and California may each enforce State
laws and regulations governing fish harvesting and processing against
any vessel operating in the exclusive economic zone off each respective
State in a fishery for Dungeness crab (Cancer magister) for which there
is no fishery management plan implemented under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(2) Any law or regulation promulgated under this subsection
shall apply equally to vessels operating in the exclusive economic
zone and adjacent State waters and shall be limited to--
(A) establishment of season opening and closing dates,
including presoak dates for crab pots;
(B) setting of minimum sizes and crab meat recovery rates;
(C) restrictions on the retention of crab of a certain sex;
and
(D) closure of areas or pot limitations to meet the harvest
requirements arising under the jurisdiction of United States v.
Washington, subproceeding 89-3.
(3) With respect to the States of Washington, Oregon, and
California--
(A) any State law limiting entry to a fishery subject to
regulation under this subsection may not be enforced against a
vessel that is operating in the exclusive economic zone off
that State and is not registered under the law of that State,
if the vessel is otherwise legally fishing in the exclusive
economic zone, except that State laws regulating landings may
be enforced; and
(B) no vessel may harvest or process fish which is subject
to regulation under this subsection unless under an appropriate
State permit or pursuant to a Federal court order.
(4) The authority provided under this subsection to regulate
the Dungeness crab fishery shall terminate on October 1, 1999, or
when a fishery management plan is implemented under the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)
for such fishery, whichever date is earlier.
(5) Nothing in this subsection shall reduce the authority of
any State, as such authority existed on July 1, 1996, to regulate
fishing, fish processing, or landing of fish.
(6)(A) It is the sense of Congress that the Pacific Fishery
Management Council, at the earliest practicable date, should
develop and submit to the Secretary fishery management plans for
shellfish fisheries conducted in the geographic area of authority
of the Council, especially Dungeness crab, which are not subject to
a fishery management plan on the date of enactment of this Act.
(B) Not later than December 1, 1997, the Pacific Fishery
Management Council shall provide a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives describing
the progress in developing the fishery management plans referred to
in subparagraph (A) and any impediments to such progress.

98630ad6685984167ea0a27bd76650b57408cbb083c9bc439526dacad389b0eb

(a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended--
(1) by striking ``plan,'' and inserting ``plan''; and
(2) by inserting before the semicolon the following: ``, or in
the absence of any such plan, is smaller than the minimum
possession size in effect at the time under a coastal fishery
management plan for American lobster adopted by the Atlantic States
Marine Fisheries Commission under the Atlantic Coastal Fisheries
Cooperative Management Act (16 U.S.C. 5101 et seq.)''.
(b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended--
(1) by striking ``knowingly steal or without authorization,
to'' and inserting ``to steal or attempt to steal or to negligently
and without authorization''; and
(2) by striking ``gear, or attempt to do so;'' and insert
``gear;''.
(c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read as
follows:
``(L) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, 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 any person to carry out responsibilities under this
Act;''.
(d) Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (M);
(2) by striking ``pollock.'' in subparagraph (N) and inserting
``pollock; or''; and
(3) by adding at the end the following:
``(O) to knowingly and willfully fail to disclose, or to
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).''.
(e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as
follows:
``(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 or fish products
within the boundaries of any State in accordance with a
permit approved under section 204(d);''.
(f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended--
(1) by striking ``(j)'' and inserting ``(i)''; and
(2) by striking ``204(b) or (c)'' and inserting ``204(b), (c),
or (d)''.
(g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as
follows:
``(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(d) or section
306(c) to receive such fish;''.
(h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting ``or
within the boundaries of any State'' after ``zone''.

75bd48f1eab2c39268fb4c76e4fe2cb5e3d6b0b369b7321b8bf0f0338601e742

PRESUMPTIONS.
(a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking
``ability to pay,'' and adding at the end the following new sentence:
``In assessing such penalty the Secretary may also consider any
information provided by the violator relating to the ability of the
violator to pay, Provided, That the information is served on the
Secretary at least 30 days prior to an administrative hearing.''.
(b) The first sentence of section 308(b) (16 U.S.C. 1858(b)) is
amended to read as follows: ``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.''.
(c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended by
striking the matter from ``or (C) any'' through ``overdue,'' and
inserting the following: ``(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, or (D) any payment required for observer services
provided to or contracted by an owner or operator who has been issued a
permit or applied for a permit under any marine resource law
administered by the Secretary has not been paid and is overdue,''.
(d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding at the
end the following new paragraph:
``(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.''.

8e3717048ac585366c6554f2563563e942cac5cc246abf832bc4edcaf030ffc1

(a) The second sentence of section 311(d) (16 U.S.C. 1861(d)) is
amended--
(1) by striking ``Guam, any Commonwealth, territory, or'' and
inserting ``Guam or any''; and
(2) by inserting a comma before the period and the following:
``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''.
(b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
(1) by striking ``fishery'' each place it appears and inserting
``marine'';
(2) by inserting ``of not less than 20 percent of the penalty
collected or $20,000, whichever is the lesser amount,'' after
``reward'' in subparagraph (B), and
(3) by striking subparagraph (E) and inserting the following:
``(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''.
(c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read as
follows:
``(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.''.
(d) Section 311 (16 U.S.C. 1861) is amended by redesignating
subsection (g) as subsection (h), and by inserting the following after
subsection (f):
``(g) Enforcement in the Pacific Insular Areas.--The Secretary, in
consultation with the Governors of the Pacific Insular Areas and the
Western Pacific Council, shall to the extent practicable support
cooperative enforcement agreements between Federal and Pacific Insular
Area authorities.''.
(e) Section 311 (16 U.S.C. 1861), as amended by subsection (d), is
amended by striking ``201(b), (c),'' in subsection (i)(1), as
redesignated, and inserting ``201(b) or (c), or section 204(d),''.

8a49769ec1a0e0e09b7ea8ddd7ed618b3305ef5b8da74bbc88590e035cf5156a

(a) Section 312 is amended to read as follows:
``SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.
``(a) Fisheries Disaster Relief.--(1) At the discretion of the
Secretary or at the request of the Governor of an affected State or a
fishing 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 in that fishery or into other fisheries or other geographic
regions.
``(3) The Federal share of the cost of any activity carried out
under the authority of this subsection 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 1996, 1997, 1998,
and 1999.
``(b) Fishing Capacity Reduction Program.--(1) The Secretary, at
the request of the appropriate Council for fisheries under the
authority of such Council, or the Governor of a State for fisheries
under State authority, may conduct a fishing capacity reduction program
(referred to in this section as the `program') in a fishery if the
Secretary determines that the program--
``(A) is necessary to prevent or end overfishing, rebuild
stocks of fish, or achieve measurable and significant improvements
in the conservation and management of the fishery;
``(B) is consistent with the Federal or State fishery
management plan or program in effect for such fishery, as
appropriate, and that the fishery management plan--
``(i) 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, taking into account the full potential fishing
capacity of the fleet; and
``(ii) establishes a specified or target total allowable
catch or other measures that trigger closure of the fishery or
adjustments to reduce catch; and
``(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1111 of title XI of the Merchant
Marine Act, 1936.
``(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--
``(A) the owner of a fishing vessel, if 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,
and if the permit authorizing the participation of the vessel in
the fishery is surrendered for permanent revocation and the owner
relinquishes any claim associated with the vessel and permit that
could qualify such owner for any present or future limited access
system permit in the fishery for which the program is established;
or
``(B) the holder of a permit authorizing participation in the
fishery, if such permit is surrendered for permanent revocation,
and such holder relinquishes any claim associated with the permit
and vessel used to harvest fishery resources under the permit that
could qualify such holder for any present or future limited access
system permit in the fishery for which the program was established.
``(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
``(4) The Secretary shall consult, as appropriate, with Councils,
Federal agencies, State and regional authorities, affected fishing
communities, participants in the fishery, conservation organizations,
and other interested parties throughout the development and
implementation of any program under this section.
``(c) 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.C. 713c-3(b)(1)(A); the Saltonstall-
Kennedy Act);
``(B) appropriated for the purposes of this section;
``(C) provided by an industry fee system established under
subsection (d) and in accordance with section 1111 of title XI of
the Merchant Marine Act, 1936; or
``(D) provided from any State or other public sources or
private or non-profit organizations.
``(2) All funds for the program, including any fees established
under subsection (d), shall be paid into the fishing capacity reduction
fund established under section 1111 of title XI of the Merchant Marine
Act, 1936.
``(d) Industry Fee System.--(1)(A) If an industry fee system is
necessary to fund the program, the Secretary, at the request 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
``(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed program,
and the amount and duration and any other terms and conditions of
the proposed 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 1111 of title XI of the Merchant Marine Act, 1936.
The fees for a program established under this section shall--
``(A) be determined by the Secretary and adjusted from time to
time as the Secretary considers necessary to ensure the
availability of sufficient funds to repay such debt obligations;
``(B) not exceed 5 percent of the ex-vessel value of all fish
harvested from the fishery for which the program is established;
``(C) be deducted by the first ex-vessel fish purchaser from
the 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.
``(e) Implementation Plan.--(1) The Secretary, in consultation with
the appropriate Council or State and other interested parties, shall
prepare and publish in the Federal Register for a 60-day public comment
period an implementation plan, including proposed regulations, 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, 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 or State 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 or State,
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.''.
(b) Study of Federal Investment.--The Secretary of Commerce shall
establish a task force comprised of interested parties to study and
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of Representatives
within 2 years of the date of enactment of this Act on the role of the
Federal Government in--
(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); and
(2) otherwise influencing the aggregate capital investments in
fisheries.
(c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C.
713c3(b)(1)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting a semicolon and the word ``and''; and
(3) by adding at the end the following new clause:
``(iv) to fund the Federal share of a fishing capacity
reduction program established under section 312 of the
Magnuson Fishery Conservation and Management Act; and''.

ba5371848ab2361d37acef2183f978ca19405762dfe393f13f80e46e89a9c8a6

(a) North Pacific Fisheries Conservation.--Section 313 (16 U.S.C.
1862) is amended--
(1) by striking ``RESEARCH PLAN'' in the section heading and
inserting ``CONSERVATION'';
(2) in subsection (a) by striking ``North Pacific Fishery
Management Council'' and inserting ``North Pacific Council''; and
(3) by adding at the end the following:
``(f) Bycatch Reduction.--In implementing section 303(a)(11) and
this section, the North Pacific Council shall submit 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 submit, and the Secretary may
approve, consistent with the provisions of this Act, a system of fines
in a fishery to provide incentives to reduce bycatch and bycatch rates;
except that such fines shall not exceed $25,000 per vessel per season.
Any fines 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 fines 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 penalties were derived or in
fisheries in which the State is directly involved in management or
enforcement and which are directly affected by the fishery from which
such penalties were derived.
``(2)(A) Notwithstanding section 303(d), and in addition to the
authority provided in section 303(b)(10), the North Pacific Council may
submit, 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 (h) and will result in an actual
reduction in regulatory discards in the fishery.
``(B) The North Pacific Council may submit 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 submit, 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 the
jurisdiction of such Council. 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 the 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 October 1, 1998 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 and describe any full retention and full
utilization requirements that have been implemented.
``(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.''.
(b) Northwest Atlantic Ocean Fisheries.--Section 314 (16 U.S.C.
1863) is amended by striking ``1997'' in subsection (a)(4) and
inserting ``1999''.

677266f46454808c854227d03bc82db44ce84133e375a45c98d51e2fe16a89c6

The heading of title IV (16 U.S.C. 1881 et seq.) is amended to read
as follows:
``TITLE IV--FISHERY MONITORING AND RESEARCH''.

5330608bee8907728da52cdbeb35e0e2b962e209d780905476c915f5591b17f1

TITLE II

-FISHERY MONITORING AND RESEARCH

Title IV (16 U.S.C. 1881 et seq.) is amended by inserting after the
title heading the following:
``SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.
``(a) Standardized Fishing Vessel Registration and Information
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 information management system on a regional basis. The
recommendations shall be developed after consultation with interested
governmental and nongovernmental parties and shall--
``(1) be designed to standardize the requirements of vessel
registration and information 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 information collection programs under existing
fishery management plans into a non-duplicative information
collection and management system;
``(3) avoid duplication of existing State, tribal, or Federal
systems and shall utilize, to the maximum extent practicable,
information collected from existing systems;
``(4) provide for implementation of the system through
cooperative agreements with appropriate State, regional, or tribal
entities and Marine Fisheries Commissions;
``(5) provide for 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
charter fishing vessels, but excluding recreational fishing
vessels;
``(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 information (other than economic
information) which may be necessary to meet the goals of the
proposed system; and
``(10) include 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
information collected under this section consistent with
section 402(b).
``(b) Fishing Vessel Registration.--The proposed 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 proposed information management
system should, at a minimum, provide basic fisheries performance
information for each fishery, including--
``(1) the number of vessels participating in the fishery
including charter fishing vessels;
``(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 fishing effort; and
``(5) other information required under subsection 303(a)(5) or
requested by the Council under section 402.
``(d) Use of Registration.--Any registration recommended under this
section shall not be considered a permit for the purposes of this Act,
and the Secretary may not propose to revoke, suspend, deny, or impose
any other conditions or restrictions on any such registration or the
use of such registration under this Act.
``(e) 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 information collection system that meets the
requirements of subsections (a) through (c). The proposal shall
include--
``(1) a description of the arrangements of the Secretary 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.
``(f) Congressional Transmittal.--Within 60 days after the end of
the comment period and after consideration of comments received under
subsection (e), 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 recommended 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, including a schedule
for the proposed cooperative agreements required under subsection
(a)(4); and
``(3) recommendations for any such additional legislation as
the Secretary considers necessary or desirable to implement the
proposed system.
``(g) 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 recreational fishing vessels into a
national fishing vessel registration and information 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.''.

afb8d9aa15bd47cd70dcdedf2ed42b170ef3fe23711c4bb996b18bb7c175a9ae

Section 402 is amended to read as follows:
``SEC. 402. INFORMATION COLLECTION.
``(a) Council Requests.--If a Council determines that additional
information (other than information 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 an information collection program
for the fishery which would provide the types of information (other
than information that would disclose proprietary or confidential
commercial or financial information regarding fishing operations or
fish processing operations) specified by the Council. The Secretary
shall undertake such an information 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 an information 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 program;
``(E) that observer information collected in fisheries under
the authority of the North Pacific Council may be released to the
public as specified in a fishery management plan or regulation for
weekly summary bycatch information identified by vessel, and for
haul-specific bycatch information without vessel identification; or
``(F) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for in
this subsection, and such release does not violate other
requirements of this Act.
``(2) The Secretary shall, by regulation, prescribe such procedures
as may be necessary to preserve the confidentiality of information
submitted in compliance with any requirement or regulation under this
Act, 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 any requirement or
regulation under this Act or the use, release, or publication of
bycatch information pursuant to paragraph (1)(E).
``(c) Restriction on Use of Certain Information.--(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.), and 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 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.--Notwithstanding any other provision
of law, the Secretary may provide a grant, contract, or other financial
assistance on a sole-source basis to a State, Council, or Marine
Fisheries Commission for the purpose of carrying out information
collection or other programs if--
``(1) the recipient of such a grant, contract, or other
financial assistance is specified by statute to be, or has
customarily been, such State, Council, or Marine Fisheries
Commission; or
``(2) the Secretary has entered into a cooperative agreement
with such State, Council, or Marine Fisheries Commission.
``(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;
``(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; and
``(C) may permit fish harvested during such survey to count
toward a vessel's catch history under a fishery management plan
if such survey was conducted in a manner that precluded a
vessel's participation in a fishery that counted under the plan
for purposes of determining catch history.
``(3) The Secretary shall undertake efforts to expand annual
fishery resource assessments in all regions of the Nation.''.

e810a9256012013a438a8d7fe139ffe08234d754183ab35eda87649646ad96d9

Section 403 is amended to read as follows:
``SEC. 403. OBSERVERS.
``(a) Guidelines for Carrying Observers.--Within one year after the
date of enactment of the Sustainable Fisheries Act, the Secretary shall
promulgate regulations, after notice and opportunity for 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 the information
necessary for the conservation and management purposes of the
fishery to which such observer is assigned;
``(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 and any appropriate private
nonprofit organization training facilities and resources, where
possible, in carrying out this subsection.
``(c) Observer Status.--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 under the Federal
Employee Compensation Act (5 U.S.C. 8101 et seq.).''.

128d88ceabd966aa9965bb38cdd1e3952f8c927e0cceee80d09a3e3afb469929

Section 404 is amended to read as follows:
``SEC. 404. 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 and social characteristics 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 5 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 goals and timetables for the program described
in paragraph (1);
``(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 information concerning fishing
activities, catch, effort, stock assessments, and other research
conducted under this section; and
``(5) be developed in cooperation with the Councils and
affected States, and provide for coordination with the Councils,
affected States, and other research entities.
``(c) Areas of Research.--Areas of research are as follows:
``(1) Research to support fishery conservation and management,
including but not limited to, 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) Research on the fisheries, including the social,
cultural, and economic relationships among fishing vessel owners,
crew, United States fish processors, associated shoreside labor,
seafood markets and fishing communities.
``(4) Information management research, including the
development of a fishery information base and an information
management system under section 401 that will permit the full use
of information 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.''.

07cf9f2f6d2bc63b3171a1b0099a71301b1090998e015b5b67c1a3dba81b554e

Section 405 is amended to read as follows:
``SEC. 405. INCIDENTAL HARVEST RESEARCH.
``(a) Collection of Information.--Within nine months after the date
of enactment of the Sustainable Fisheries Act, the Secretary shall,
after consultation with the Gulf Council and South Atlantic Council,
conclude the collection of information 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 information 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 Information.--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 information 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 information 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 12 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.--To the extent practicable, any
conservation and management measure implemented under this Act to
reduce the incidental mortality of bycatch in the course of shrimp
trawl fishing shall be consistent with--
``(1) measures applicable to fishing throughout the range in
United States waters 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.''.

df1e599f4e75caf8f2e00cc60b0ddd276cfb96435210df780d1657047ba77e0d

(a) Fisheries Systems Research.--Section 406 (16 U.S.C. 1882) is
amended to read as follows:
``SEC. 406. FISHERIES SYSTEMS RESEARCH.
``(a) Establishment of Panel.--Not later than 180 days after the
date of enactment of the Sustainable Fisheries Act, the Secretary shall
establish an 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) Report.--Within 2 years after the date of enactment of this
Act, the Secretary shall submit to the Congress a completed report of
the panel established under this section, 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 advisory panel established under this
section shall be deemed an advisory panel under section 302(g).''.
(b) Gulf of Mexico Red Snapper Research.--Title IV of the Act (16
U.S.C. 1882) is amended by adding the following new section:
``SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.
``(a) Independent Peer Review.--(1) Within 30 days of the date of
enactment of the Sustainable Fisheries Act, the Secretary shall
initiate an independent peer review to evaluate--
``(A) the accuracy and adequacy of fishery statistics used by
the Secretary for the red snapper fishery in the Gulf of Mexico to
account for all commercial, recreational, and charter fishing
harvests and fishing effort on the stock;
``(B) the appropriateness of the scientific methods,
information, and models used by the Secretary to assess the status
and trends of the Gulf of Mexico red snapper stock and as the basis
for the fishery management plan for the Gulf of Mexico red snapper
fishery;
``(C) the appropriateness and adequacy of the management
measures in the fishery management plan for red snapper in the Gulf
of Mexico for conserving and managing the red snapper fishery under
this Act; and
``(D) the costs and benefits of all reasonable alternatives to
an individual fishing quota program for the red snapper fishery in
the Gulf of Mexico.
``(2) The Secretary shall ensure that commercial, recreational, and
charter fishermen in the red snapper fishery in the Gulf of Mexico are
provided an opportunity to--
``(A) participate in the peer review under this subsection; and
``(B) provide information to the Secretary concerning the
review of fishery statistics under this subsection 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.
``(3) The Secretary shall submit a detailed written report on the
findings of the peer review conducted under this subsection to the Gulf
Council no later than one year after the date of enactment of the
Sustainable Fisheries Act.
``(b) Prohibition.--In addition to the restrictions under section
303(d)(1)(A), the Gulf Council may not, prior to October 1, 2000,
undertake or continue the preparation of any fishery management plan,
plan amendment or regulation under this Act for the Gulf of Mexico
commercial red snapper fishery that creates an individual fishing quota
program or that authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels in the
same class.
``(c) Referendum.--
``(1) On or after October 1, 2000, the Gulf Council may prepare
and submit a fishery management plan, plan amendment, or regulation
for the Gulf of Mexico commercial red snapper fishery that creates
an individual fishing quota program or that authorizes the
consolidation of licenses, permits, or endorsements that result in
different trip limits for vessels in the same class, only if the
preparation of such plan, amendment, or regulation is approved in a
referendum conducted under paragraph (2) and only if the submission
to the Secretary of such plan, amendment, or regulation is approved
in a subsequent referendum conducted under paragraph (2).
``(2) The Secretary, at the request of the Gulf Council, shall
conduct referendums under this subsection. Only a person who held
an annual vessel permit with a red snapper endorsement for such
permit on September 1, 1996 (or any person to whom such permit with
such endorsement was transferred after such date) and vessel
captains who harvested red snapper in a commercial fishery using
such endorsement in each red snapper fishing season occurring
between January 1, 1993, and such date may vote in a referendum
under this subsection. The referendum shall be decided by a
majority of the votes cast. The Secretary shall develop a formula
to weigh votes based on the proportional harvest under each such
permit and endorsement and by each such captain in the fishery
between January 1, 1993, and September 1, 1996. Prior to each
referendum, the Secretary, in consultation with the Council,
shall--
``(A) identify and notify all such persons holding permits
with red snapper endorsements and all such vessel captains; and
``(B) make available to all such persons and vessel
captains information about the schedule, procedures, and
eligibility requirements for the referendum and the proposed
individual fishing quota program.
``(d) Catch Limits.--Any fishery management plan, plan amendment,
or regulation submitted by the Gulf Council for the red snapper fishery
after the date of enactment of the Sustainable Fisheries Act shall
contain conservation and management measures that--
``(1) establish separate quotas for recreational fishing
(which, for the purposes of this subsection shall include charter
fishing) and commercial fishing that, when reached, result in a
prohibition on the retention of fish caught during recreational
fishing and commercial fishing, respectively, for the remainder of
the fishing year; and
``(2) ensure that such quotas reflect allocations among such
sectors and do not reflect any harvests in excess of such
allocations.''.

c8569554d61cba7629c31ab3755a7e7ee605efaf4b36b7bb94f799facc7d4bca

ORGANIZATIONS.
(a) Study.--The Secretary of Commerce shall conduct a study of the
contribution of bycatch to charitable organizations by commercial
fishermen. The study shall include determinations of--
(1) the amount of bycatch that is contributed each year to
charitable organizations by commercial fishermen;
(2) the economic benefits to commercial fishermen from those
contributions; and
(3) the impact on fisheries of the availability of those
benefits.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Commerce shall submit to the Congress a
report containing determinations made in the study under subsection
(a).
(c) Bycatch Defined.--In this section the term ``bycatch'' has the
meaning given that term in section 3 of the Magnuson Fishery
Conservation and Management Act, as amended by section 102 of this Act.

a6768d3c530e14d3e4b891dc88441f7cf2ed712475fcd81c1d5e50a65ee34979

(a) In General.--The Secretary of Commerce shall conduct a study to
determine the best possible method of identifying various Atlantic and
Pacific salmon and steelhead stocks in the ocean at time of harvest.
The study shall include an assessment of--
(1) coded wire tags;
(2) fin clipping; and
(3) other identification methods.
(b) Report.--The Secretary shall report the results of the study,
together with any recommendations for legislation deemed necessary
based on the study, within 6 months after the date of enactment of this
Act to the Committee on Resources of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.

f0ace78579a436d57b58fed81721da32a517e139d4fc36acc32d199b7b8ab31e

The National Academy of Sciences, in consultation with regionally
recognized fishery experts, shall conduct a peer review of Canadian and
United States stock assessments, information collection methodologies,
biological assumptions and projections, and other relevant scientific
information used as the basis for conservation and management in the
Northeast multispecies fishery. The National Academy of Sciences shall
submit the results of such review to the Congress and the Secretary of
Commerce no later than March 1, 1997.

a5733248c9695e8c43a783e4d3eafd7b347c38863784c725859d30f76f981c36

The table of contents is amended by striking the matter relating to
title IV and inserting the following:
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``TITLE IV--FISHERY MONITORING AND RESEARCH
``Sec. 401. Registration and information management.
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.''.

25ab3ff88ab784934a059070af4e6a8fc3e0723e3ba57d5ee30e2bfff7551b8f

This title may be cited as the ``Fisheries Financing Act''.

d0ec20805bc35ed675238b502d54f70b66a2764a6b9df934fefabf194def0bee

TITLE III

-FISHERIES FINANCING

(a) Amendment of Merchant Marine Act, 1936.--Section 1104A of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274) is amended--
(1) by striking ``or'' at the end of subsection (a)(5);
(2) by striking the period at the end of subsection (a)(6) and
inserting a semicolon and ``or'';
(3) by adding at the end of subsection (a) the following:
``(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)).''; and
(4) by striking ``paragraph (6)'' in the last sentence of
subsection (a) and inserting ``paragraphs (6) and (7)''; and
(5) by striking ``equal to'' in the third proviso of subsection
(b)(2) and inserting ``not to exceed''.
(b) Prohibition.--Until October 1, 2001, no new loans may be
guaranteed by the Federal Government for the construction of new
fishing vessels if the construction will result in an increased
harvesting capacity within the United States exclusive economic zone.

906ca4adf15d1940a060141db52de6f923945c75bf88244d191f7c9728306fb2

(a) Capacity Reduction and Financing Authority.--Title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), is amended by
adding at the end the following new sections:
``Sec. 1111. (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 fishing fees established under the program 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 the
proviso in subsection (c)(2)) and as the exclusive payment
security, the fishing 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 fishing fees established under the program
and other amounts authorized for the program.
``(2) Amounts in the fund shall be available, without appropriation
or fiscal year limitation, to the Secretary to pay the cost of the
program, including payments to financial institutions 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 312 of the
Magnuson Fishery Conservation and Management Act.
``Sec. 1112. (a) Notwithstanding any other provision of this title,
all obligations involving any fishing vessel, fishery facility,
aquaculture facility, individual fishing quota, or fishing capacity
reduction program issued under this title after the date of enactment
of the Sustainable Fisheries Act shall be direct loan obligations, for
which the Secretary shall be the obligee, rather than obligations
issued to obligees other than the Secretary and guaranteed by the
Secretary. All direct loan obligations under this section shall be
treated in the same manner and to the same extent as obligations
guaranteed under this title except with respect to provisions of this
title which by their nature can only be applied to obligations
guaranteed under this title.
``(b) Notwithstanding any other provisions of this title, the
annual rate of interest which obligors shall pay on direct loan
obligations under this section shall be fixed at two percent of the
principal amount of such obligations outstanding plus such additional
percent as the Secretary shall be obligated to pay as the interest cost
of borrowing from the United States Treasury the funds with which to
make such direct loans.''.

51c26aee9f9ce49d08b88dcbe2f5ea02fd171b7b6e8c7e9eaa55076372b477ef

(a) Fisheries Information Collection and Analysis.--There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out
fisheries information and analysis activities under the Fish and
Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and any other law
involving those activities, $51,800,000 for fiscal year 1997, and
$52,345,000 for each of the fiscal years 1998, 1999, and 2000. Such
activities may include, but are not limited to, the collection,
analysis, and dissemination of scientific information necessary for the
management of living marine resources and associated marine habitat.
(b) Fisheries Conservation and Management Operations.-- There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out
activities relating to fisheries conservation and management operations
under the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and
any other law involving those activities, $29,028,000 for fiscal year
1997, and $29,899,000 for each of the fiscal years 1998, 1999, and
2000. Such activities may include, but are not limited to, development,
implementation, and enforcement of conservation and management measures
to achieve continued optimum use of living marine resources, hatchery
operations, habitat conservation, and protected species management.
(c) Fisheries State and Industry Cooperative Programs.--There are
authorized to be appropriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administration to carry out State
and industry cooperative programs under the Fish and Wildlife Act of
1956 (16 U.S.C. 742a et seq.) and any other law involving those
activities, $27,932,000 for fiscal year 1997, and $28,226,000 for each
of the fiscal years 1998, 1999, and 2000. These activities include, but
are not limited to, ensuring the quality and safety of seafood products
and providing grants to States for improving the management of
interstate fisheries.
(d) Authorization of Appropriations for Chesapeake Bay Office.--
Section 2(e) of the National Oceanic and Atmospheric Administration
Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat.
1409) is amended--
(1) by striking ``1992 and 1993'' and inserting ``1997 and
1998'';
(2) by striking ``establish'' and inserting ``operate'';
(3) by striking ``306'' and inserting ``307''; and
(4) by striking ``1991'' and inserting ``1992''.
(e) Relation to Other Laws.--Authorizations under this section
shall be in addition to monies authorized under the Magnuson Fishery
Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 3301 et seq.), the Anadromous
Fish Conservation Act (16 U.S.C. 757 et seq.), and the
Interjurisdictional Fisheries Act (16 U.S.C. 4107 et seq.).
(f) New England Health Plan.--The Secretary of Commerce is
authorized to provide up to $2,000,000 from previously appropriated
funds to Caritas Christi for the implementation of a health care plan
for fishermen in New England if Caritas Christi submits such plan to
the Secretary no later than January 1, 1997, and the Secretary, in
consultation with the Secretary of Health and Human Services, approves
such plan.

b5ea7ac859cc59bb39bd69d1ecfbb42b76c5beb66191de310774bcf02f45b6ef

(a) Reauthorization.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by amending subsection (a) to read as follows:
``(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 each of the fiscal years 1998, 1999, and
2000.'';
(2) by striking ``$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,'' in subsection (c) and inserting ``$700,000
for fiscal year 1997, and $750,000 for each of the fiscal years
1998, 1999, and 2000,''.
(b) New England Report.--Section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended by adding at the
end the following new paragraph:
``(7) With respect to funds available for the New England
region, the Secretary shall submit to the Congress by January 1,
1997, with annual updates thereafter as appropriate, a report on
the New England fishing capacity reduction initiative which
provides--
``(A) the total number of Northeast multispecies permits in
each permit category and calculates the maximum potential
fishing capacity of vessels holding such permits based on the
principal gear, gross registered tonnage, engine horsepower,
length, age, and other relevant characteristics;
``(B) the total number of days at sea available to the
permitted Northeast multispecies fishing fleet and the total
days at sea weighted by the maximum potential fishing capacity
of the fleet;
``(C) an analysis of the extent to which the weighted days
at sea are used by the active participants in the fishery and
of the reduction in such days as a result of the fishing
capacity reduction program; and
``(D) an estimate of conservation benefits (such as
reduction in fishing mortality) directly attributable to the
fishing capacity reduction program.''.

b4627433ffa1c45500329abbf45e23de3b45865849dafed6258c62f3a302f16e

Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d)
is amended to read as follows:
``Sec. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
``(A) $4,000,000 for fiscal year 1997; and
``(B) $4,250,000 for each of fiscal years 1998, 1999, and 2000.
``(2) Sums appropriated under this subsection are authorized to
remain available until expended.
``(b) Not more than $625,000 of the funds appropriated under this
section in any one fiscal year shall be obligated in any one State.''.

4351ec7cfc41ae431558b46c53d4ea46e2728549c6abdd29e1ab0baadded227b

(a) Definition.--Paragraph (1) of section 803 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) is
amended--
(1) by inserting ``and'' after the semicolon in subparagraph
(A);
(2) by striking ``States; and'' in subparagraph (B) and
inserting ``States.''; and
(3) by striking subparagraph (C).
(b) Implementation Standard for Federal Regulation.--Subparagraph
(A) of section 804(b)(1) of such Act (16 U.S.C. 5103(b)(1)) is amended
by striking ``necessary to support'' and inserting ``compatible with''.
(c) American Lobster Management.--Section 809 (16 U.S.C. 5108) and
section 810 of such Act are redesignated as sections 811 and 812,
respectively, and the following new sections are inserted at the end of
section 808:
``SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.
``(a) Permits.--Notwithstanding any provision of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101
et seq.), or any requirement of a fishery management plan or coastal
fishery management plan to the contrary, a person holding a valid
license issued by the State of Maine which lawfully permits that person
to engage in commercial fishing for American lobster may, with the
approval of the State of Maine, engage in commercial fishing for
American lobster in the following areas designated as Federal waters,
if such fishing is conducted in such waters in accordance with all
other applicable Federal and State regulations:
``(1) west of Monhegan Island in the area located north of the
line 43+ 42, 08" N, 69+ 34, 18" W and 43+ 42, 15" N, 69+ 19, 18" W;
``(2) east of Monhegan Island in the area located west of the
line 43+ 44, 00" N, 69+ 15, 05" W and 43+ 48, 10" N, 69+ 08, 01" W;
``(3) south of Vinalhaven in the area located west of the line
43+ 52, 21" N, 68+ 39, 54" W and 43+ 48, 10" N, 69+ 08, 01" W; and
``(4) south of Bois Bubert Island in the area located north of
the line 44+ 19, 15" N, 67+ 49, 30" W and 44+ 23, 45" N, 67+ 40,
33" W.
``(b) Enforcement.--The exemption from Federal fishery permitting
requirements granted by subsection (a) may be revoked or suspended by
the Secretary in accordance with section 308(g) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1858(g)) for violations of
such Act or this Act.
``SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER FISHERY BY
COMMISSION.
``(a) Temporary Limits.--Notwithstanding any other provision of
this Act or of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), if no regulations have been issued under section
804(b) of this Act by December 31, 1997, to implement a coastal fishery
management plan for American lobster, then the Secretary shall issue
interim regulations before March 1, 1998, that will prohibit any vessel
that takes lobsters in the exclusive economic zone by a method other
than pots or traps from landing lobsters (or any parts thereof) at any
location within the United States in excess of--
``(1) 100 lobsters (or parts thereof) for each fishing trip of
24 hours or less duration (up to a maximum of 500 lobsters, or
parts thereof, during any 5-day period); or
``(2) 500 lobsters (or parts thereof) for a fishing trip of 5
days or longer.
``(b) Secretary to Monitor Landings.--Before January 1, 1998, the
Secretary shall monitor, on a timely basis, landings of American
lobster, and, if the Secretary determines that catches from vessels
that take lobsters in the exclusive economic zone by a method other
than pots or traps have increased significantly, then the Secretary
may, consistent with the national standards in section 301 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801), and
after opportunity for public comment and consultation with the Atlantic
States Marine Fisheries Commission, implement regulations under section
804(b) of this Act that are necessary for the conservation of American
lobster.
``(c) Regulations to Remain in Effect Until Plan Implemented.--
Regulations issued under subsection (a) or (b) shall remain in effect
until the Secretary implements regulations under section 804(b) of this
Act to implement a coastal fishery management plan for American
lobster.''.
(d) Authorization of Appropriations.--Section 810 of such Act, as
amended by this Act, is amended further by striking ``1996.'' and
inserting ``1996, and $7,000,000 for each of the fiscal years 1997,
1998, 1999, and 2000.''.

5d28960fe762d38f38d294054dafd242ff0e713693b20b4cdfb7f808b344de6a

(a) Execution of Prior Amendments to Definitions.--Notwithstanding
section 308 of the Act entitled ``An Act to provide for the designation
of the Flower Garden Banks National Marine Sanctuary'', approved March
9, 1992 (Public Law 102-251; 106 Stat. 66) hereinafter referred to as
the ``FGB Act'', section 301(b) of that Act (adding a definition of the
term ``special areas'') shall take effect on the date of enactment of
this Act.
(b) Conforming Amendments.--
(1) Section 301(h)(2)(A) of the FGB Act is repealed.
(2) Section 304 of the FGB Act is repealed.
(3) Section 3(15) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1362(15)) is amended to read as follows:
``(15) The term `waters under the jurisdiction of the United
States' means--
``(A) the territorial sea of the United States;
``(B) the waters included within a zone, contiguous to the
territorial sea of the United States, of which the inner
boundary is a line coterminous with the seaward boundary of
each coastal State, and the 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.''.

dd9c300d5c9d17f2492b34fa3386d65d135396d2d63389cbce7712e809544e14

Section 309(b) of the Fisheries Act of 1995 (Public Law 104-43) is
amended by striking ``July 1, 1996'' and inserting ``July 1, 1997''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b2f09ddfdc4d907ef017d33530c73839fbdf1bf3fb851f79823e9cde194ed357

Sustainable Fisheries Act

Other Sections

TITLE IV

TITLE I

TITLE II

TITLE III

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