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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4404 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4404

   To amend the Magnuson Fishery Conservation and Management Act to 
promote the long-term sustainability of marine fisheries, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1994

  Mr. Gilchrest (for himself, Mr. Shays, Mr. Ravenel, and Ms. Furse) 
 introduced the following bill; which was referred to the Committee on 
                     Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
   To amend the Magnuson Fishery Conservation and Management Act to 
promote the long-term sustainability of marine fisheries, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Fish Conservation Amendments 
of 1994''.

TITLE I--AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT

SEC. 101. AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT 
              ACT.

    Except as otherwise expressly provided, whenever in this title 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.).

SEC. 102. FINDINGS AND POLICY.

    (a) Findings.--(1) Section 2(a)(2) (16 U.S.C. 1801(a)(2)) is 
amended by striking ``and'' at the end of clause (A), and by inserting 
before the period at the end the following: ``and, (C) losses of 
essential fishery habitats have diminished the ability of stocks of 
fish to survive.''.
    (2) Section 2(a)(6) (16 U.S.C. 1801(a)(6)) is amended by inserting 
after ``to insure conservation,'' the following: ``to provide long-term 
protection for essential fishery habitats,''.
    (3) Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the 
end the following new paragraph:
            ``(9) The greatest long-term threat to the viability of 
        commercial and recreational fisheries of the United States is 
        the continuing loss of essential fishery habitat. Increased 
        attention must be given to the protection of these habitats to 
        conserve and manage the fishery resources of the United 
        States.''.
    (b) Policy.--(1) Section 2(c)(3) (16 U.S.C. 1801(c)(3)) is amended 
by inserting after ``practical measures that'' the following: ``reduce 
bycatch to insignificant levels approaching zero and''.
    (2) Section 2(c) (16 U.S.C. 1801(c)) is amended by striking ``and'' 
after the semicolon in paragraph (5), by striking the period at the end 
of paragraph (6) and inserting ``; and'', and by adding at the end the 
following new paragraph:
            ``(7) to ensure to the maximum extent practicable that all 
        State and Federal actions are consistent with the conservation 
        and management of fisheries under this Act.''.

SEC. 103. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6) respectively, by redesignating the 
        second paragraph (6) through paragraph (21) as paragraphs (8) 
        through (23), respectively, by redesignating the second 
        paragraph (22) through paragraph (26) as paragraphs (25) 
        through (29), respectively, and by redesignating the second 
        paragraph (27) through paragraph (32) as paragraphs (31) 
        through (36), respectively;
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) The term `bycatch' means the incidental catch, take, 
        or harvest of--
                    ``(A) marine mammals, birds, turtles, or fish that 
                are not the target species of the fishery in which a 
                fishing vessel is engaged,
                    ``(B) any fish discarded or lost during fishing 
                operations, or
                    ``(C) fish of the same species as the target 
                species of the fishery in which a fishing vessel is 
                engaged and the harvest of which is prohibited by 
                conservation and management measures promulgated under 
                a fishery management plan in effect under title III.'';
            (3) by inserting after paragraph (6), as redesignated by 
        paragraph (1) of this subsection the following new paragraph:
            ``(7) The term `essential fishery habitat' means an area 
        which includes physical or biological features which (A) are 
        essential to the conservation and management of a fishery, and 
        (B) may require special management considerations or 
        protection.''.
            (4) in paragraph (9), as redesignated by paragraph (1) of 
        this subsection, by inserting ``, turtles,'' after ``marine 
        mammals'';
            (5) in paragraph (23), as redesignated by paragraph (1) of 
        this subsection, by inserting ``biological,'' before ``or 
        ecological factor'', and by inserting before the period the 
        following: ``, except that no economic or social factor may be 
        applied under this paragraph to increase the amount described 
        in this paragraph above maximum sustainable yield, compromise 
        ecological integrity, lead to or prolong overfishing, or impede 
        recovery from overfishing'';
            (6) by inserting after paragraph (23); as redesignated by 
        paragraph (1) of this subsection, the following new paragraph:
            ``(24) The term `overfishing' means a level or a rate of 
        fishing that either jeopardizes the capacity of a fish species, 
        population, or population complex to provide maximum 
        sustainable yield on a continuing basis or compromises 
        ecological integrity.''; and
            (7) by inserting after paragraph (29), as redesignated by 
        paragraph (1) of this subsection, the following new paragraph:
            ``(30) The term `target species' means the species or 
        species groups for which a fishing vessel is fishing.''.

SEC. 104. HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1812) is amended by striking ``utilization'' 
and inserting ``yield''.

SEC. 105. NATIONAL STANDARDS.

    (a) Achieving Optimum Yield.--Section 301(a)(1) (16 U.S.C. 
1851(a)(1)) is amended by striking ``for the United States fishing 
industry''.
    (b) Margin of Safety.--Section 301(a) (16 U.S.C. 1851(a)) is 
amended by redesignating paragraphs (3) through (7) as (4) through (8), 
respectively, and by inserting after paragraph (2) the following new 
paragraph:
            ``(3) In order to account for inadequacies in data, 
        uncertainties in the best available scientific information, and 
        unpredictable variations and fluctuations in fish populations 
        and catches, and to provide for the ecological needs of the 
        species that interact within a management unit, conservation 
        and management measures shall provide an adequate margin of 
        safety to act as a buffer against overfishing.''.
    (c) Reduction of Bycatch.--Section 301(a) (16 U.S.C. 1851(a)) is 
amended by adding at the end the following new paragraph:
            ``(9) Conservation and management measures shall reduce 
        bycatch to the lowest level practicable and avoid unnecessary 
        waste of fish.''.
    (d) Guidelines.--Section 301(b) (16 U.S.C. 1851(b)) is amended by 
striking ``advisory guidelines which shall not have the force and 
effect of law'' and inserting ``guidelines,''.

SEC. 106. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Voting Members.--Section 302(b) (16 U.S.C. 1852(b)) is 
amended--
            (1) in paragraph (2)(B) by adding at the end the following:
``In addition, the Secretary, in making appointments under this 
section, shall ensure that no fewer than 25 percent of the appointed 
members of each Council are persons selected for their fisheries 
expertise, as demonstrated by university, environmental organization, 
or other nonuser group affiliation and by past actions and 
accomplishments.''; and
            (2) in paragraph (5) in the first sentence by inserting 
        before the period at the end the following: ``or if the 
        Secretary makes a written determination, including a statement 
        of the reasons for such determination, that the member has 
        violated conflict of interest provisions of subsection (k)''.
    (b) Transaction of Business.--Section 302(e) (16 U.S.C. 1852(e)) is 
amended by redesignating paragraphs (2) through (4) as paragraphs (3) 
through (5), respectively, and inserting after paragraph (1) the 
following new paragraph:
            ``(2) Each decision of the Council shall be recorded 
        through a roll call vote such that the vote of individual 
        members is registered and forwarded with the decision to the 
        Secretary for review under section 304.''.
    (c) Fishery Habitat Concerns.--Section 302(i) (16 U.S.C. 1852(i)) 
is amended--
            (1) in paragraph (1) by striking ``and'' after the 
        semicolon in subparagraph (A), by redesignating subparagraph 
        (B) as subparagraph (C); and by inserting after subparagraph 
        (A) the following new subparagraph:
                    ``(B) may request that the Secretary initiate 
                consultation under section 305(e)(4) concerning any 
                such activity which may affect the essential fishery 
                habitat of a fishery under its jurisdiction which is 
                designated in a fishery management plan which is in 
                effect under section 304; and''; and
            (2) in paragraph (2) by striking ``In the case of a comment 
        or recommending under paragraph (1)(C), the response'' and 
        inserting ``The response'', by inserting ``, avoiding,'' after 
        ``mitigating'', and by adding at the end the following: ``In 
        the case of a response or decision that is inconsistent with 
        the Council's recommendations, the Federal agency shall explain 
        its reasons for not following the recommendations and how its 
        actions are consistent with the conservation and management of 
        the fishery concerned.''.
    (d) Disclosure of Financial Interest.--Section 302(k) (16 U.S.C. 
1852(k)) is amended--
            (1) in the heading by inserting ``and Recusal'' before the 
        period at the end;
            (2) in paragraph (2) by striking subparagraph (B) and 
        inserting the following:
                    ``(B) the spouse, child, grandchild, parent, 
                sibling, or partner of that individual;'';
            (3) in paragraph (5) by striking ``and'' after the 
        semicolon in subparagraph (A), by striking the period at the 
        end of subparagraph (B), and inserting ``; and'', and by adding 
        at the end, the following new subparagraph:
                    ``(C) be kept on file with the Secretary for use in 
                reviewing Council actions under section 304 and made 
                available for public inspection at reasonable hours.'';
            (4) in paragraph (6) by striking ``prescribed under'' and 
        all that follows through the end of the paragraph and inserting 
        ``prescribed under this subsection may be treated as cause for 
        the invalidation of that action if the vote of that individual 
        was necessary for approval of that action under subsection 
        (e).''; and
            (5) by amending paragraph (7) to read as follows:
    ``(7) A Council member holding a financial interest requiring 
disclosure under this subsection shall recuse him or herself from 
voting on or participating in all Council actions that would affect 
such financial interest. Council members and the public may submit to 
the Secretary for review under section 304, in writing, a challenge to 
any vote of a Council member that is alleged to have been made in 
violation of this paragraph.''.

SEC. 107. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended as follows:
            (1) Paragraph (1)(A) is amended by inserting before the 
        semicolon at the end the following: ``including its essential 
        fishery habitat''.
            (2) Paragraph (2) is amended by inserting after 
        ``location,'' the following: ``its essential habitat,''.
            (3) Paragraph (7) is amended by striking ``readily 
        available'', and by inserting before the semicolon at the end 
        the following: ``, including the effects of fishing gear and 
        practices used in that fishery on the habitat of the fishery or 
        other fisheries under the Council's jurisdiction''.
            (4) Paragraph (8) is amended by striking ``and'' after the 
        semicolon, paragraph (9) is amended by striking the period and 
        inserting a semicolon, and the following new paragraphs are 
        added at the end:
            ``(10) specify an objective definition of overfishing for 
        each fish species or population involved in the fishery (as 
        described pursuant to paragraph (2)), which is developed or 
        expressed in terms of a minimum level of spawning biomass, 
        maximum level or rate of fishing mortality, or other measurable 
        standard designed to ensure the maintenance of the fish species 
        or population's abundance, age structure, sex ratio, and size 
        structure so as to preserve its capacity to provide maximum 
        sustainable yield and maintain ecological integrity;
            ``(11) in the case of any fishery management plan or 
        amendment for a fishery for which a determination has been made 
        by the Council or the Secretary that such fishery is 
        overfished, contain a recovery plan which will establish 
        measures for rebuilding the fish species, population, or 
        population complex in accordance with specifications for a 
        recovery plan set forth in section 304(h)(2);
            ``(12) specify allowable gear types for the fishery;
            ``(13) require the use of gear types which minimize bycatch 
        and associated mortality;
            ``(14) include provisions that--
                    ``(A) require that observers be stationed on 
                fishing vessels engaged in the catching, taking, or 
                harvesting of fish and on fish processing vessels that 
                are vessels of the United States and are fishing for or 
                processing species under the jurisdiction of the 
                Council having authority over the geographical area to 
                which the plan applies for purposes of collecting data 
                necessary for the conservation and management and 
                scientific understanding of any fisheries under the 
                jurisdiction of the Council; and
            ``(B) are reasonably calculated to--
                    ``(i) ensure the gathering by observers stationed 
                on vessels pursuant to subparagraph (A), of reliable 
                data that is necessary for the conservation and 
                management and scientific understanding of the 
                fisheries covered by the plan;
                    ``(ii) be fair and equitable to all fishing vessels 
                and fish processing vessels that are vessels of the 
                United States and that participate in fisheries covered 
                by the plan;
                    ``(iii) be consistent with other applicable laws; 
                and
                    ``(iv) take into consideration the operating 
                requirements of the fisheries and the safety of 
                observers and fishermen;
            ``(15) establish a system of fees to pay for the costs of 
        implementing the plan;
            ``(16) assess the bycatch of all gear types used in the 
        fishery; require through regulation provisions to measure 
        bycatch and associated mortality; develop regulations such as 
        seasonal, time, and area closures, gear modifications, and 
        others to reduce bycatch and associated mortality; specify the 
        best available technology that reduces bycatch; and evaluate 
        the bycatch of all new gear types and methods before they can 
        be allowed in the fishery; and
            ``(17) contain conservation and management measures to 
        minimize or eliminate the adverse impacts of fishing gear and 
        practices on habitat for fish.''.
    (b) Review of Existing Plans By Secretary Regarding Overfishing 
Definition.--
            (1) Review and determination of compliance.--Not later than 
        90 days after the date of the enactment of this Act, the 
        Secretary of Commerce shall--
                    (A) review each fishery management plan in effect 
                under title III of the Magnuson Fishery Conservation 
                and Management Act;
                    (B) determine whether the plan contains a 
                definition (or definitions) of overfishing in 
                compliance with section 303(a)(10) of that Act, as 
                amended by subsection (a) of this section; and
                    (C) if the Secretary determines that the plan does 
                not contain such a definition, notify the Regional 
                Fishery Management Council having authority over the 
                geographical area to which the plan applies regarding 
                that determination.
            (2) Preparation of amendment.--Not later than 180 days 
        after receiving notification from the Secretary of Commerce 
        under paragraph (1) with respect to a fishery management plan, 
        a Regional Fishery Management Council shall prepare and submit 
        to the Secretary an amendment to the plan to add to the plan a 
        definition of overfishing in accordance with section 303(a)(10) 
        of the Magnuson Fishery Conservation and Management Act, as 
        amended by subsection (a) of this section, in accordance with 
        procedures and requirements applicable to an amendment under 
        that Act.

SEC. 108. ACTIONS BY THE SECRETARY WITH RESPECT TO FISHERY MANAGEMENT 
              PLANS.

    Section 304(a)(2) (16 U.S.C. 1854(a)(2)) is amended in subparagraph 
(B) by striking ``and'' after the semicolon, in subparagraph (C) by 
striking the period and inserting ``; and'', and by adding at the end 
of paragraph (2) the following:
                    ``(D) evaluate whether any violation of section 
                302(k) occurred with respect to the preparation of the 
                plan or amendment that is the subject of the review.''.
    (b) Review by Secretary.--Section 304(b) (16 U.S.C. 1854(b)) is 
amended--
            (1) in paragraph (2) in the first sentence by inserting 
        before the comma the following: ``or with the best scientific 
        information presented to the Council by scientists 
        participating in the plan development process'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) If the Secretary determines that a Council member 
        voted in violation of section 302(k) in any Council action 
        related to the preparation of the plan or amendment, the 
        Secretary shall disapprove the action if that vote was 
        necessary for approval of the action.''.
    (c) Preparation by Secretary.--(1) Preparation Required.--Section 
304(c)(1) (16 U.S.C. 1854(c)(1)) is amended--
            (A) in the material preceding subparagraph (A), by striking 
        ``may'' and inserting ``shall'', and by inserting after 
        ``management plan,'' the following: ``including a recovery plan 
        if necessary,'';
            (B) in subparagraph (A) by striking ``or'' after the 
        semicolon;
            (C) by redesignating subparagraph (B) as subparagraph (E);
            (D) in subparagraph (E) (as redesignated by paragraph (3) 
        of this subsection) by striking ``such plan or amendment'' and 
        inserting ``a plan or amendment submitted by a Council''; and
            (E) by inserting after subparagraph (A) the following new 
        subparagraphs:
            ``(B) the appropriate Council fails to develop and submit 
        to the Secretary a recovery plan as required under subsection 
        (h), within the time specified therein;
            ``(C)(i) the Secretary determines under subsection (e)(4) 
        that a fish species, population, or population complex is 
        overfished,
            ``(ii) no fishery management plan or required part thereof, 
        is in effect for the fishery for that species, population, or 
        population complex, and
            ``(iii) no such plan or amendment is submitted by the 
        appropriate Council to the Secretary for approval within 240 
        days after the Council is notified of such determination;
            ``(D) notwithstanding any fishery management plan that is 
        in effect and any objective definition of overfishing therein, 
        the Secretary determines, based on the best scientific 
        information available, that a fish species, population, or 
        population complex--
                    ``(i) has sustained fishing mortality that exceeds 
                maximum sustainable yield by more than 10 percent per 
                annum averaged over a period of 3 consecutive years, or 
                that compromises ecological integrity, or
                    ``(ii) is depleted; or''.
    (2) Determination of Overfishing.--Section 304(c) (16 U.S.C. 
1854(c)) is amended by adding at the end the following:
    ``(4) A determination by the Secretary described in paragraph 
(1)(D) (i) or (ii) shall constitute a determination of overfishing with 
respect to which a recovery plan is required under section 304(h). 
Notwithstanding the preceding sentence, the Secretary may determine 
that a fish species or population is not overfished, based on the best 
scientific information available, only if such determination is based 
on a clear preponderance of such scientific information. Nothing in 
this paragraph or paragraph (1) shall prevent a more stringent 
objective definition of overfishing under a fishery management plan, 
pursuant to section 304(e) or pursuant to a judicial determination. For 
the purposes of paragraph (1)(D)(ii), a fish species or population 
shall be considered to be depleted if it is determined by the 
Secretary, using the best available scientific information and a 
calculation that provides a risk-averse assessment, that the spawning 
population is reduced to 20 percent or less than the unfished 
population, unless it is shown, subject to review and approval by the 
Secretary, that a smaller spawning population is adequate to provide 
maximum sustainable yield and maintain ecological integrity. If the 
size of the spawning population cannot be determined, alternative 
measurements may be used subject to approval by the Secretary.''.
    (d) Establishment of Fees.--Section 304(d) (16 U.S.C. 1854(d)) is 
amended--
            (1) by inserting ``(1)'' before ``The Secretary shall'';
            (2) striking ``section 303(b)(1)'' and inserting ``sections 
        303 and 304'';
            (3) striking the third sentence; and
            (4) by adding at the end the following new paragraphs:
            ``(2) Fee system requirements.--Any system of fees 
        established under this section shall--
                    ``(A) provide that the total amount of fees 
                collected under this section not exceed the amount 
                equal to the difference of--
                            ``(i) the combined cost of (I) stationing 
                        observers on board fishing vessels and United 
                        States vessels and United States fish 
                        processors (II) the actual cost of inputting 
                        collected data, and (III) assessments necessary 
                        for a risk sharing pool implemented under 
                        subsection (e), minus
                            ``(ii) any amount received for such purpose 
                        from another source or from an existing surplus 
                        in this National Fishery Observer Fund 
                        established by paragraph (3);
                    ``(B) be fair and equitable to all participants in 
                the fisheries under the jurisdiction of any Council;
                    ``(C) provide that fees collected not be used to 
                pay any costs of administrative overhead or other costs 
                not directly incurred in carrying out the system;
                    ``(D) not be used to offset amounts authorized 
                under other provisions of law;
                    ``(E) provide that fees shall be expressed as a 
                percentage, not to exceed 1 percent of the wholesale or 
                2 percent of the ex-vessel value of the fish and 
                shellfish harvested under the jurisdiction of any 
                Council;
                    ``(F) provide that fees under that system be 
                assessed against all fishing vessels and United States 
                processors participating in fisheries under the 
                jurisdiction of the Councils, including those not 
                required to carry an observer under a fishery 
                management plan;
                    ``(G) provide that fees collected under the system 
                shall be deposited in the National Fishery Observer 
                Fund established by paragraph (3);
                    ``(H) provide that fees collected under the system 
                shall only be used for implementing requirements 
                relating to observers under fishery management plans; 
                and
                    ``(I) comply with section 9701(b) of title 31, 
                United States Code.
            ``(3) National fishery observer fund.--There is established 
        in the Treasury a separate account which shall be known as the 
        National Fishery Observer Fund. The Fund shall be available to 
        the Secretary, without appropriation or fiscal year limitation, 
        for carrying out this section, subject to the restrictions in 
        subsection (b)(2). The Fund shall consist of all amounts 
        received by the United States as fees under this subsection. 
        Amounts in the Fund that are not currently needed for the 
        purposes of this section shall be kept on deposit or invested 
        in obligations of, or guaranteed by, the United States.''.
    (e) Fisheries Research.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended--
            (1) in the heading by inserting ``Overfishing List and'' 
        before ``Fisheries'';
            (2) in paragraph (3)(A) by inserting after ``degradation,'' 
        the following: ``identification of essential fishery 
        habitat,''; and
            (3) by adding at the end the following new paragraph:
            ``(5) No later than 1 year after the date of enactment of 
        the Marine Fish Conservation Amendments of 1994 and each year 
        thereafter, the Secretary shall, after consultation with and 
        notice to the appropriate Councils and based on the best 
        scientific information available, prepare and publish in the 
        Federal Register a list of fish species, populations, and 
        population complexes that are overfished and the objective 
        definition of overfishing utilized by the Secretary to make 
        that determination. Such determination shall be made whether or 
        not a fishery management plan is in effect for a species, 
        population, or population complex or contains an objective 
        definition of overfishing, and is not required to be in 
        conformity with any such plan. In cases in which scientific 
        data are severely limited, the Secretary's informed judgment 
        may be used. In the case of fish species, populations, and 
        population complexes for which there is insufficient 
        information to make such a determination, the Secretary shall 
        develop a research plan to identify and gather the needed data. 
        The plan shall--
                    ``(A) identify priority research needed to assess 
                the condition of the relevant fish species, 
                populations, and population complexes and to support 
                fishery conservation and management;
                    ``(B) describe a research program to conduct that 
                research; and
                    ``(C) indicate the timetable for conducting that 
                research, assess those conditions, and supporting that 
                conservation and management.''.
    (f) Fisheries Under Authority of More Than One Council.--Section 
304(f) (16 U.S.C. 1854(f)) is amended--
            (1) in paragraph (1), in the matter following subparagraph 
        (B), by striking ``the voting members, present and voting, of 
        each Council concerned'' and inserting the following: ``all of 
        the combined individual voting members of the concerned 
        Councils present and voting'';
            (2) by amending paragraph (3) to read as follows:
    ``(3) Any fishery management plan or amendment which--
            ``(A) addresses a highly migratory species fishery to which 
        paragraph (1) applies,
            ``(B) was prepared by the Secretary, and
            ``(C) was in effect on July 1, 1993,
shall remain in effect until superseded by a fishery management plan or 
amendment prepared by the appropriate Councils, and approved by the 
Secretary.''.
    (g) Recovery Plans.--Section 304 (16 U.S.C. 1854) is amended by 
adding at the end the following new subsection:
    ``(h) Recovery Plans.--(1) If the Secretary determines that a 
condition of overfishing has occurred with respect to a fish species, 
population, or population complex that is subject to a fishery 
management plan, based on the best scientific information available and 
the definition of overfishing specified in such plan, the Secretary 
shall notify the appropriate Councils in writing of such determination.
    ``(2) Within 180 days after receiving such notice, the appropriate 
Councils shall prepare and submit to the Secretary for approval an 
amendment to the fishery management plan, including a recovery plan 
that specifies--
            ``(A) the action or combination of actions to be taken to 
        rebuild the fish species, population, or population complex 
        specified in the notice;
            ``(B) the time within which such rebuilding shall be 
        accomplished, which shall be no greater than 5 years; and
            ``(C) the level of abundance to which such fish populations 
        or population complexes are to be rebuilt to provide maximum 
        sustainable yield and maintain ecological integrity.
    ``(3) The time established pursuant to paragraph (2)(B) for a 
recovery plan may be extended only upon a determination by the 
Secretary, based upon the best available scientific information (which 
shall include at a minimum information from annual progress reports 
made under paragraph (5)), that a longer period will be required due 
only to the reproductive capacity, productivity, or life span of the 
fish species concerned.
    ``(4) The Secretary shall review and act upon such amendment within 
180 days after receipt and in accordance with the procedures set forth 
in this section.
    ``(5) The Secretary shall review progress made in rebuilding a 
species, population, or population complex under a recovery plan under 
paragraph (2). The first review shall occur no later than the beginning 
of the 3d year in which the plan is in effect, and subsequent reviews 
shall occur at least annually thereafter.''.
    (h) Bycatch Research.--Section 304 (16 U.S.C. 1854) is further 
amended by adding after subsection (h), as added by subsection (g) of 
this section, the following new subsection:
    ``(i) Bycatch Research.--The Secretary shall establish, in 
cooperation with industry, a program for the elimination of bycatch 
through fees and incentive programs. Amounts received as such fees 
shall be made available to the appropriate Councils for use exclusively 
for bycatch related management activities, including costs of observer 
programs and cooperative efforts with the Government on research and 
development of selective fishing gear and other technological devices 
for the reduction of bycatch.''.
    (i) Fishery Habitat.--Section 304 (16 U.S.C. 1854) is further 
amended by adding after subsection (i) as added by subsection (h) of 
this section, the following new subsection:
    ``(j) Habitat Conservation.--(1) Within 6 months after the date of 
the enactment of the Marine Fish Conservation Amendments of 1994 and 
every 12 months thereafter, the Secretary shall publish in the Federal 
Register and submit to the Congress a report on the cumulative impacts 
of fishery habitats of the actions authorized, funded, or carried out 
by Federal agencies, including an assessment of how fishery habitats 
which are identified in approved fishery management plans are being 
impacted.
    ``(2) Upon the request of a Council, the Secretary shall 
immediately undertake a study to identify essential fishery habitat of 
a fishery under the authority of the Council, and the possible Federal 
and State actions which could destroy or adversely modify such habitat. 
The Secretary shall submit the results of such study to the Council as 
soon as practicable, but not later than 12 months after the date of 
such request.''.
    (j) Special Provisions Regarding Observers.--Section 304 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is 
further amended by adding after subsection (j), as added by subsection 
(i) of this section, the following new subsection:
    ``(k) Special Provisions Regarding Observers.--(1) The Secretary 
shall review--
            ``(A) the feasibility of establishing a risk sharing pool 
        through a reasonable fee, to provide coverage for vessels and 
        vessel owners against liability from civil suits by observers, 
        and
            ``(B) the availability of comprehensive commercial 
        insurance for vessel and owner liability against civil suits by 
        observers.
    ``(2) If the Secretary determines that a risk sharing pool is 
feasible, the Secretary shall establish such a pool unless the 
Secretary determines that--
            ``(A) comprehensive commercial insurance is available for 
        all fishing vessels and United States fish processors required 
        to have observers under this section, and
            ``(B) such comprehensive commercial insurance will provide 
        a greater measure of coverage at a lower cost to each 
        participant.
    ``(3) The Secretary shall establish an alternative observation 
program for vessels on which facilities for quartering of an observer, 
or for carrying out observer functions, are inadequate to ensure the 
health or safety of the observer or the safe operation of the 
vessel.''.

SEC. 109. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.

    (a) Interim Measures.--Section 305 (16 U.S.C. 1855) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (2) by adding after subsection (b) the following new 
        subsection:
    ``(c) Interim Measures.--(1) In the absence of a fishery management 
plan which contains such a provision, the Secretary or the appropriate 
Council (subject to approval by the Secretary) may adopt as an interim 
measure regulations with respect to any fish species, population, or 
population complex consisting of specific provisions to conserve such 
fish species, population, or population complex, including a provision 
establishing a minimum size to increase yield per recruit, prohibiting 
a type of fishing gear or closing an area to fishing.
    ``(2) Any regulation under this subsection which changes any 
existing fishery management plan shall be treated as an amendment to 
such plan for the period in which such regulation is in effect.
    ``(3) Any regulation under this subsection shall not constitute a 
recovery plan for purposes of section 303 or subsection (c) or (h) of 
this section. Any regulation under this subsection shall remain in 
effect for 1 year after its adoption, unless (A) it is specifically 
limited to a lesser of effective period or superseded by a fishery 
management plan or amendment thereto, or (B) the Secretary, initially 
or before the expiration of the regulation, follows the procedures to 
review and approve the regulation that are applicable to a fishery 
management plan, or amendment to a plan, under section 304.''.
    (b) Responsibility of Secretary.--Section 305(e), as redesignated 
by subsection (a) of this section; is amended by inserting ``(1)'' 
before ``The Secretary shall''; and by adding at the end the following 
new paragraphs:
            ``(2) The Secretary shall comment on and make 
        recommendations concerning any action authorized, funded, or 
        carried out, or proposed to be authorized, funded, or carried 
        out, by any State or Federal agency that may result in the 
        destruction or adverse modification of the essential habitat 
        designated in a fishery management plan approved under section 
        304.
            ``(3) Within 45 days after receiving a comment or 
        recommendation under paragraph (2), a Federal agency shall 
        provide a detailed response, in writing, to the Secretary 
        regarding the matter, including a description of measures being 
        considered by the agency for avoiding, mitigating, or 
        offsetting the impact of the activity on such essential 
        habitat.
            ``(4) Each Federal agency shall, in consultation with the 
        Secretary, ensure that any action authorized, funded, or 
        carried out by the agency is not likely to result in the 
        destruction or adverse modification of the essential habitat of 
        a fishery identified in a fishery management plan approved 
        under section 304.
            ``(5) The Secretary, after notice and opportunity for 
        public hearing, may prohibit any action authorized, funded, or 
        carried out by a Federal agency which the Secretary determines 
        may result in the destruction or adverse modification of 
        essential fishery habitat of a fishery identified in a fishery 
        management plan approved under section 304.''.
    (c) Citizen Suits Provision.--Section 305 (16 U.S.C. 1855) is 
further amended by adding at the end the following new subsection:
    ``(g) Citizen Suits.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person may commence a civil action on his or her own behalf 
        against the Secretary if there is alleged a violation of any 
        provision of this Act or any regulation promulgated thereunder, 
        or a failure of the Secretary to perform any act or duty under 
        this Act which is not discretionary with the Secretary, or the 
        appropriate Council, as the case may be, to perform such act or 
        duty.
            ``(2) Notice.--No action may be commenced under paragraph 
        (1) before the 60th calendar day after the date on which the 
        plaintiff gives notice of the action to the Secretary and the 
        affected Council if the action is directed against such 
        Council; except that the action may be brought immediately 
        after such notification in the case of an action under this 
        section with respect to an emergency posing a significant risk 
        to the well-being of any fishery resource. Notice under this 
        paragraph shall be given in such manner as the Secretary shall 
        prescribe by regulation. Until the adoption of such regulation 
        on the manner of notice, delivery of notice upon the Secretary 
        by first class, prepaid United States mail, with proof of 
        mailing, shall satisfy the notice requirement herein.
            ``(3) Costs.--The court, in issuing any final order in any 
        suit brought pursuant to paragraph (1), may award costs of 
        litigation, including reasonable attorney and expert witness 
        fees, to any party if the court determines such award is 
        appropriate.
            ``(4) Other rights.--Nothing in this section shall restrict 
        or expand any right which any person (or class of persons) may 
        have under any statute or common law to seek enforcement of any 
        requirement or to seek any other relief.
            ``(5) Intervention.--In any action under this section, any 
        person may intervene as a matter of right if such person has a 
        direct interest which is or may be adversely affected by the 
        action and the disposition of the action may, as a practical 
        matter, impair or impede the person's ability to protect that 
        interest, unless the United States or another party shows that 
        the person's interest is adequately represented by existing 
        parties in the action.''.
    (d) Citizen Petitions.--Section 305 (16 U.S.C. 1855) is further 
amended by adding after subsection (g), as added by subsection (c) of 
this section, the following new subsection:
    ``(h) Citizen Petitions.--
            ``(1) In general.--Any interested person may petition the 
        Secretary at any time to make any finding or determination, or 
        take any other action authorized by this Act. The petition 
        shall include such substantial information as may be necessary 
        to demonstrate the need for the action requested by the 
        petition.
            ``(2) Consideration and ruling.--To the maximum extent 
        practicable, within 90 days after receiving the petition of an 
        interested person to make a finding or determination, or take 
        any other action authorized by this Act, the Secretary shall 
        make a ruling as to whether the petition presents substantial 
        information indicating that the petitioned action may be 
        warranted. The Secretary shall promptly publish such ruling in 
        the Federal Register and, if the petition is found to present 
        such information, the Secretary shall undertake to make a 
        finding or determination, or take any other action authorized 
        by the relevant provisions of this Act.''.

       TITLE II--AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT

SEC. 201. REGARDING HIGHLY MIGRATORY SPECIES.

    (a) Highly Migratory Species.--Section 3(a) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971a(a)) is amended--
            (1) in paragraph (1) by striking the 2d and 3rd sentences 
        and inserting the following: ``The Director of the National 
        Marine Fisheries Service or his or her designee shall be one of 
        the Commissioners, and the other 2 Commissioners shall be 
        appointed by and serve at the pleasure of the President. A 
        Commissioner who is appointed by the President may not be a 
        salaried employee of a State, a political subdivision of a 
        State, or the Federal Government.'';
            (2) by adding at the end the following new sentence: ``No 
        Commissioner shall be an individual with a financial interest 
        or serving as an officer, director, trustee, partner, or 
        employee with an organization that has a financial interest in 
        any catching, harvesting, processing, or marketing activity 
        that is undertaken within any fishery over which the Commission 
        has jurisdiction.''; and
            (3) by striking paragraph (2) and redesignating paragraph 
        (3) as (2).
    (b) Administration.--Section 6(c)(3) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d(c)(3)) is amended in the matter 
following subparagraph (K) by striking ``or decreasing''.

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