I

103D CONGRESS

2D SESSION H. R. 4713

To promote public confidence in the Magnuson Fishery Conservation and

Management Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mrs. UNSOELD (for herself and Ms. CANTWELL) introduced the following bill;

which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To promote public confidence in the Magnuson Fishery

Conservation and Management Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Regional Fishery Man5 agement Councils Ethics Act of 1994’’.

6 SEC. 2. FINDINGS, PURPOSES, AND POLICY.

7 (a) FINDINGS.—Section 101(a) of the Magnuson

8 Fishery Conservation and Management Act (16 U.S.C.

9 1801(a)) is amended by adding at the end the following:
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1 ‘‘(9) Agenda 21 of the United Nations Conference on

2 Environment and Development provides conservation

3 guidelines, principles, and commitments that should be re4 spected in the management of the Nation’s fishery re5 sources. In particular, sustainable use should be regarded

6 as the touchstone of the Nation’s program of fishery con7 servation and management.’’.

8 (b) PURPOSES.—Section 2(b) of the Magnuson Fish9 ery Conservation and Management Act (16 U.S.C.

10 1801(b)) is amended—

11 (1) in paragraph (5) by striking ‘‘and’’ before

12 ‘‘(B)’’ and by striking ‘‘; and’’ and inserting the fol13 lowing: ‘‘; and (C) which are free from conflicts of

14 interest affecting any Council member;’’;

15 (2) in paragraph (6) by striking the period and

16 inserting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(7) to ensure that management decisions with

19 respect to the Nation’s fishery resources are, and

20 are perceived to be, made in a fair and equitable

21 manner.’’.

22 (c) POLICY.—Section 2(c)(3) of the Magnuson Fish23 ery Conservation and Management Act (16 U.S.C.

24 1801(C)(3)) is amended by inserting after ‘‘citizens’’ the
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1 following: ‘‘consistent with the conflict of interest provi2 sions of section 302(k)’’.

3 SEC. 3. CONFLICTS OF INTEREST.

4 (a) RECUSAL.—Section 302(k) of the Magnuson

5 Fishery Conservation and Management Act (16 U.S.C.

6 1852(k)), is amended—

7 (1) by inserting before the period at the end of

8 the subsection heading ‘‘AND RECUSAL’’;

9 (2) in paragraph (2)—

10 (A) in the matter preceding subparagraph

11 (A) by inserting ‘‘, or that will be held during

12 the term of the individual as a member of a

13 Council,’’ after ‘‘held’’; and

14 (B) by striking subparagraph (B) and in15 serting the following:

16 ‘‘(B) the spouse, child, grandchild, parent, sib17 ling, or partner of that individual;’’;

18 (3) in paragraph (3)(B) by striking ‘‘within’’

19 and all that follows through the period and inserting

20 ‘‘to the appointing authority not less than 14 days

21 prior to taking office.’’;

22 (4) in paragraph (5)(B) by inserting ‘‘and the

23 office of the Secretary’’ after ‘‘offices’’;

24 (5) in paragraph (6) by striking ‘‘the regula25 tions’’ and all that follows through the period and
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1 inserting the following: ‘‘this subsection shall require

2 the action to be reconsidered by the Council without

3 the vote of the affected individual if the vote of the

4 affected individual would have resulted in a different

5 action by the Council under subsection (e)(1). Such

6 action shall also be remanded to the Council for re7 consideration if the determination of a National Ma8 rine Fisheries Service Regional Director has been re9 versed by the Secretary under paragraph (7) and the

10 vote of the individual would have resulted in a dif11 ferent action by the Council.’’;

12 (6) by redesignating paragraph (7) as para13 graph (8) and inserting after paragraph (6) the fol14 lowing:

15 ‘‘(7)(A) A Council member required to disclose a fi16 nancial interest under paragraph (2) shall recuse himself

17 or herself from voting in all Council actions that have a

18 direct and predictable effect on that interest. A particular

19 action shall be considered to have a direct and predictable

20 effect on a financial interest if there is a close causal link

21 between the action and any expected effect of the action

22 on the financial interest. An effect may be considered to

23 be direct and predictable even though it does not occur

24 immediately.
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1 ‘‘(B) If the authority of a Council member to vote

2 in an action is challenged by another Council member on

3 the basis of subparagraph (A), the Council shall provide

4 to the Council member whose authority is challenged an

5 opportunity to respond.

6 ‘‘(C) If, after being provided an opportunity to re7 spond, the Council member does not recuse himself or her8 self from voting in an action and that member or the

9 Council member challenging his or her authority requests

10 that the National Marine Fisheries Service Regional Di11 rector for the region of the Council make a determination,

12 then the Regional Director, after consultation with the

13 National Oceanic and Atmospheric Administration Gen14 eral Counsel, shall determine whether the member is re15 quired to recuse himself or herself under subparagraph

16 (A). If the Regional Director determines that recusal is

17 required, the member shall recuse himself or herself from

18 voting in the action and shall state for the record, for pur19 poses of subparagraph (E), how he or she would have

20 voted.

21 ‘‘(D) Any Council member may, within 14 days after

22 the determination of the Regional Director under subpara23 graph (C), appeal such determination to the Secretary,

24 who shall within not more than 30 days after the date

25 of the appeal make a final determination of whether the
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1 Council member who is the subject of the appeal is re2 quired to recuse himself or herself.

3 ‘‘(E) A vote of a Council with respect to which an

4 appeal to the Secretary is made under subparagraph (D)

5 shall not be final before the date the Secretary issues a

6 determination under subparagraph (D). If the Secretary

7 determines that the Council member is not required to

8 recuse himself or herself, the vote of the member in the

9 action shall be the vote stated for the record under sub10 paragraph (C).’’; and

11 (7) in paragraph (8), as redesignated by para12 graph (6) of this subsection, by striking ‘‘with the

13 regulations prescribed under paragraph (5)’’ and in14 serting ‘‘this subsection’’.

15 (b) REMOVAL.—Paragraph (5) of section 302(b) of

16 the Magnuson Fishery Conservation and Management Act

17 (16 U.S.C. 1852(b)) is amended to read as follows:

18 ‘‘(5) The Secretary may remove for cause any mem19 ber of a Council required to be appointed by the Secretary

20 in accordance with subsection (b)(2), including for any

21 violation of section 302(k) by the member, if the Secretary

22 makes a written determination, accompanied by a state23 ment of the reasons on which the determination is based.’’.

24 (c) OATH.—Section 302(b)(2) of the Magnuson Fish25 ery Conservation and Management Act (16 U.S.C.
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1 1852(b)(2)), is amended by adding at the end the follow2 ing:

3 ‘‘(E) As trustees of the Nation’s fishery resources,

4 each voting members of a Council shall, at the first meet5 ing of the Council the member attends each year, take

6 the following oath:

‘‘I, lllll, as a duly appointed member of a

Regional Fishery Management Council established under

the Magnuson Fishery Conservation and Management

Act, hereby promise to conserve and manage the living

marine resources of the United States of America by carrying out the business of the Council for the greatest

overall benefit of the Nation, without regard to my own

personal benefit. I recognize my responsibility to serve as

a knowledgeable and experienced trustee of the Nation’s

marine fisheries resources, being careful to balance competing private or regional interests, and always aware

and protective of the public interest in those resources.

I commit myself to uphold the provisions, standards, and

requirements of the Magnuson Fishery Conservation and

Management Act and other applicable law, and shall conduct myself at all times according to the rules of conduct

prescribed by the Secretary of Commerce. I fully understand the civil and criminal consequences of my failure

to disclose my financial interests and to recuse myself
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from Council actions as required under applicable law.

This oath is freely given and without mental reservation

or purpose of evasion.’’.

1 (d) REQUIREMENT FOR COUNCIL STAFF.—Section

2 302(f) of the Magnuson Fishery Conservation and Man3 agement Act (16 U.S.C. 1852(f)) is amended by adding

4 at the end the following:

5 ‘‘(8) An individual on the staff of a Council shall

6 avoid any action which might result in, or create the ap7 pearance of, any of the following:

8 ‘‘(A) Using the Council office for private gain.

9 ‘‘(B) Giving preferential treatment to any per10 son.

11 ‘‘(C) Impeding Government efficiency or econ12 omy.

13 ‘‘(D) Losing complete independence or impar14 tiality.

15 ‘‘(E) Making a Government decision outside of16 ficial channels.

17 ‘‘(F) Affecting adversely the confidence of the

18 public in the integrity of a Council.’’.

19 (e) PROTECTION OF COUNCIL STAFF FROM RE20 PRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.—

21 Section 302 of the Magnuson Fishery Conservation and
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1 Management Act (16 U.S.C. 1852) is further amended by

2 adding at the end the following:

3 ‘‘(l) PROTECTION OF COUNCIL STAFF AGAINST RE4 PRISAL.—

5 ‘‘(1) PROHIBITION OF REPRISALS.—An individ6 ual who is an employee of a Council may not be dis7 charged, demoted, or otherwise discriminated

8 against as a reprisal for disclosing to a Member of

9 Congress or an official of the Department of Com10 merce or the Department of Justice information re11 lating to—

12 ‘‘(A) a possible violation of a law, rule, or

13 regulation related to a fishery management

14 plan, or

15 ‘‘(B) gross management, a gross waste of

16 funds, an abuse of authority, or a substantial

17 and specific threat to the health of a fishery.

18 ‘‘(2) INVESTIGATION OF COMPLAINTS.—An in19 dividual who believes they have been subjected to a

20 reprisal prohibited under subsection (a) may submit

21 a complaint to the Inspector General of the Depart22 ment of Commerce. Unless the inspector general de23 termines that the complaint is frivolous, the inspec24 tor general shall investigate the complaint and, upon

25 completion of such investigation, submit a report of
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1 the findings of the investigation to the person, the

2 Council concerned, and the Secretary of Commerce.

3 ‘‘(3) CIVIL PENALTY.—Any person that dis4 charges, demotes, or otherwise discriminates against

5 an employee of a Council in violation of paragraph

6 (1) shall be subject to a civil penalty of not more

7 than $10,000 for each violation, which may be as8 sessed by the Secretary.

9 ‘‘(4) CONSTRUCTION.—Nothing in this section

10 may be construed to authorize the discharge of, de11 motion of, discrimination against a Council staff for

12 a disclosure other than a disclosure referred to in

13 subsection (a), or to modify or derogate from a right

14 or remedy otherwise available to an individual who

15 is an employee of a Council.’’.

16 (f) PROHIBITED ACTS AND CRIMINAL OFFENSES.—

17 (1) PROHIBITED ACTS.—Section 307 of the

18 Magnuson Fishery Conservation and Management

19 Act (16 U.S.C. 1857) is amended—

20 (A) in paragraph (1) by striking ‘‘or’’ after

21 the semicolon at the end of subparagraph (M),

22 by striking the period at the end of subpara23 graph (N) and inserting ‘‘; or’’, and by adding

24 at the end the following:
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1 ‘‘(O) to submit false information, or fail to

2 submit required information, pursuant to sec3 tion 302(k)’’; and

4 (B) by striking ‘‘and’’ after the semicolon

5 at the end of paragraph (4), by striking the pe6 riod at the end of paragraph (5) and inserting

7 ‘‘; and’’, and by adding at the end the follow8 ing:

9 ‘‘(6) for a Council member to knowingly and

10 willfully fail to recuse himself or herself in accord11 ance with section 302(k)(7).’’.

12 (2) CRIMINAL OFFENSES.—Section 309(a) of

13 the Magnuson Fishery Conservation and Manage14 ment Act (16 U.S.C. 1859(a)) is amended—

15 (A) in paragraph (1) by striking ‘‘or (L)’’

16 and inserting ‘‘(L), or (O)’’; and

17 (B) in paragraph (2) by striking ‘‘307(2)’’

18 and inserting ‘‘307(2) or (6)’’.

19 SEC. 4. REGIONAL FISHERY MANAGEMENT COUNCILS.

20 (a) COUNCIL PROCEDURES.—Section 302(j) of the

21 Magnuson Fishery Conservation and Management Act (16

22 U.S.C. 1852(j)) is amended by—

23 (1) amending paragraph (1) to read as follows:
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1 ‘‘(1) Each Council shall comply with meeting proce2 dures that ensure to the extent possible full and effective

3 public participation by all interested persons.’’;

4 (2) adding at the end of paragraph (2)(D) the

5 following: ‘‘Such written statement or oral testimony

6 of a person shall be preceded by a statement of the

7 qualifications of the person and a statement of the

8 interest of the person, including financial interest, in

9 the subject of the written statement or oral testi10 mony. Written statements shall be attested to by the

11 submitter. Oral testimony shall be under oath.’’;

12 (3) amending subparagraph (E) to read as fol13 lows:

14 ‘‘(E) Detailed minutes of each meeting of each

15 Council shall be kept and shall contain a record of

16 the persons present, a complete and accurate de17 scription of matters discussed and conclusions

18 reached, and copies of all reports received, issued, or

19 approved by the Council. The accuracy of all min20 utes shall be certified by the Chairman of the Coun21 cil. The Chairman shall submit to the Secretary a

22 copy of the minutes of each meeting. The minutes

23 shall be treated as part of the administrative record

24 for purposes of judicial review under section 302(l)

25 or section 305(b).’’;
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1 (4) adding at the end of paragraph (2) the fol2 lowing:

3 ‘‘(G) Subject to section 552 of title 5, United

4 States Code, the records, reports, transcripts, min5 utes, appendixes, working papers, drafts, studies,

6 agenda or other documents which are made available

7 to or prepared for or by each Council shall be avail8 able for public inspection and copying at a single lo9 cation in the offices of the Council.

10 ‘‘(H) The National Marine Fisheries Service

11 Regional Director for each region may, whenever he

12 or she determines it to be in the public interest, ad13 journ or continue any meeting of the Council for

14 that region.

15 ‘‘(I) Any person may add an item to the agenda

16 of a meeting of a Council or of a committee or panel

17 of a Council by presenting to the chair of the Coun18 cil, committee, or advisory panel a written descrip19 tion of the item signed by 2 or more members of the

20 Council at least 14 days before the date of the meet21 ing.’’; and

22 (5) adding at the end the following:

23 ‘‘(7) Each Council shall establish appropriate proce24 dures applicable to it and its committees and advisory pan25 els to allow meaningful public participation in each meet-
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1 ing by (A) publishing or otherwise making an agenda

2 available to interested persons sufficiently in advance of

3 the meeting, and (B) ensuring that each agenda, as made

4 available, is adhered to.

5 ‘‘(8) The Federal Advisory Committee Act (5 U.S.C.

6 App.) shall not apply to the Councils or to the scientific

7 and statistical committees or advisory panels of the Coun8 cils.’’.

9 (b) FISHERY MANAGEMENT PLANS.—Section 303(a)

10 of the Magnuson Fishery Conservation and Management

11 Act (16 U.S.C. 1853(a)) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (1)(B); and

14 (2) by redesignating subparagraph (C) as sub15 paragraph (D) and inserting after subparagraph (B)

16 the following:

17 ‘‘(C) based on a clear preponderance of the

18 evidence in the record; and’’.

19 (c) REGULATORY AMENDMENTS.—Section 304 of the

20 Magnuson Fishery Conservation and Management Act (16

21 U.S.C. 1854) is amended by adding at the end the follow22 ing:

23 ‘‘(h) ACTION ON REGULATORY AMENDMENTS.—
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1 ‘‘(1) After the receipt date for a regulatory

2 amendment which was prepared by a Council, the

3 Secretary shall—

4 ‘‘(A) immediately commence a review of

5 the regulatory amendment to determine wheth6 er it is consistent with the fishery management

7 plan it amends, the national standards, the

8 other provisions of this Act, and any other ap9 plicable law; and

10 ‘‘(B) immediately publish the amendment

11 in the Federal Register for a 30-day public

12 comment period.

13 ‘‘(2) The Secretary shall take action under this

14 section on any regulatory amendment which the

15 Council characterizes as being a final regulatory

16 amendment.

17 ‘‘(3) If the Secretary does not notify the Coun18 cil in writing of the Secretary’s disapproval or par19 tial disapproval of a regulatory amendment by the

20 60th day after the receipt date for the amendment,

21 the amendment shall take effect and be imple22 mented.

23 ‘‘(4) If after review the Secretary determines

24 that the regulatory amendment is not consistent

25 with the items referred to in paragraph (1)(A), the
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1 Secretary shall notify the Council in writing of the

2 Secretary’s disapproval or partial disapproval of the

3 regulatory amendment. Such notice shall specify—

4 ‘‘(A) the applicable law or provision of the

5 fishery management plan with which the regu6 latory amendment is inconsistent;

7 ‘‘(B) the nature of such inconsistency; and

8 ‘‘(C) recommendations concerning the ac9 tions that could be taken by the Council to con10 form such regulatory amendment to the re11 quirements of applicable law and the fishery

12 management plan.

13 ‘‘(5) If the Secretary disapproves or partially

14 disapproves a regulatory amendment, the Council

15 may submit a revised regulatory amendment to the

16 Secretary.

17 ‘‘(6) After the Secretary receives a revised

18 regulatory amendment, the Secretary shall imme19 diately—

20 ‘‘(A) commence a review of the revised reg21 ulatory amendment to determine if it complies

22 with the items referred to in paragraph (1)(A);

23 and
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1 ‘‘(B) publish the revised regulatory amend2 ment in the Federal Register for a 15-day pub3 lic comment period.

4 ‘‘(7) Before the close of the 30th day after the

5 receipt date for a revised regulatory amendment, the

6 Secretary, after taking into account any public com7 ments, shall complete the review and determine

8 whether the revised regulatory amendment complies

9 with the items referred to in paragraph (1)(A). If

10 the Secretary determines that the revised regulatory

11 amendment is not in compliance with those items,

12 the Secretary shall immediately notify the Council of

13 the Secretary’s disapproval. After notifying a Coun14 cil of that disapproval, the Secretary shall promptly

15 provide to the Council a written statement of the

16 reasons on which the disapproval was based and ad17 vise the Council that it may submit a further revised

18 regulatory amendment for review and determination

19 under this paragraph. If the Secretary does not no20 tify the Council in writing of the Secretary’s dis21 approval or partial disapproval by the 30th day after

22 the receipt date, the revised regulatory amendment

23 will take effect and be implemented.

24 ‘‘(8) For purposes of this subsection, the term

25 ‘receipt date’ means the 5th day after the day on
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1 which a Council transmits to the Secretary a regu2 latory amendment or revised regulatory amendment

3 that the Council characterizes as a final regulatory

4 amendment.’’.

5 (d) PROHIBITION.—Section 307(1)(I) of the Magnu6 son Fishery Conservation and Management Act (16

7 U.S.C. 1857(1)(I)) is amended by inserting after ‘‘to a

8 Council,’’ the following: ‘‘in the form of testimony or in

9 any other manner,’’.

10 (e) JUDICIAL REVIEW OF COUNCIL ACTIONS.—Sec11 tion 302 of the Magnuson Fishery Conservation and Man12 agement Act (16 U.S.C. 1852) is amended by adding at

13 the end the following:

14 ‘‘(l) JUDICIAL REVIEW OF COUNCIL ACTION.—Any

15 action of a Council shall be subject to judicial review under

16 chapter 7 of title 5, United States Code, as an agency

17 action.’’.

18 SEC. 5. NATIONAL STANDARDS.

19 (a) NATIONAL STANDARD NO. 1.—Section 301(a)(1)

20 of the Magnuson Fishery Conservation and Management

21 Act (16 U.S.C. 1851(a)(1)) is amended to read as follows:

22 ‘‘(1) Conservation of fishery resources shall be

23 the principal objective of fishery management plans

24 and of any regulation promulgated to implement any

25 such plan. Conservation and management measures
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1 shall protect vulnerable spawning and nursery areas,

2 prevent overfishing, and minimize waste, including

3 the reduction of excessive fishing capacity and by

4 catch, while achieving, on a continuing basis, the op5 timum yield from each fishery.’’.

6 (b) NATIONAL STANDARD NO. 5.—Section 301(a)(5)

7 of the Magnuson Fishery Conservation and Management

8 Act (16 U.S.C. 1851(a)(5)) is amended to read as follows:

9 ‘‘(5) Conservation and management measures shall,

10 to the extent practicable, promote efficiency in the utiliza11 tion of fishery resources, including the avoidance or reduc12 tion of excessive fishing capacity and by catch; except that

13 no such measure shall have economic allocation as its sole

14 purpose.’’.

15 (c) NEW NATIONAL STANDARD.—Section 301(a) of

16 the Magnuson Fishery Conservation and Management Act

17 (16 U.S.C. 1851(a)) is amended by adding at the end the

18 following:

19 ‘‘(8) Conservation and management measures shall

20 promote the safety of life and property at sea.’’.

21 SEC. 6. ECONOMIC ALLOCATIONS.

22 (a) TWO-THIRDS VOTE REQUIRED.—Section

23 302(e)(1) of the Magnuson Fishery Conservation and

24 Management Act (16 U.S.C. 1852(e)(1)) is amended to

25 read as follows:
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1 ‘‘(1)(A) Except as provided in subparagraph (B)—

2 ‘‘(i) a majority of the voting members of any

3 Council shall constitute a quorum, but one or more

4 such members designated by the Council may hold

5 hearings; and

6 ‘‘(ii) all decisions of any Council shall be by ma7 jority vote of the voting members present and vot8 ing.

9 ‘‘(B) A Council decision that makes an economic allocation shall be by an affirmative vote by not less than 2 10 ⁄3

11 of the total number of voting members of the Council,

12 whether or not all such members are present and voting.

13 ‘‘(C) If a Council fails to make a decision referred

14 to in subparagraph (B) and the National Marine Fisheries

15 Service Regional Director for the region of the Council de16 termines that such failure will adversely affect conserva17 tion of any stock of fish, the Regional Director shall, after

18 consultation with each Council member, recommend an al19 location regime to the Secretary.’’.

20 (b) OVERCAPITALIZATION AND LIMITED ENTRY.—

21 (1) REQUIRED PROVISION OF MANAGEMENT

22 PLAN.—Section 303(a) of the Magnuson Fishery

23 Conservation and Management Act (16 U.S.C.

24 1853(a)) is amended in paragraph (8) by striking

25 ‘‘and’’ after the semicolon, in paragraph (9) by
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1 striking the period and inserting ‘‘; and’’, and by

2 adding at the end the following:

3 ‘‘(10) establish a system for limiting access to

4 the fishery, consistent with section 303(b)(6), if the

5 Secretary makes a written determination that the

6 fishery is overcapitalized, and that such over capital7 ization is contributing to overfishing.’’.

8 (2) REPEAL OF RESTRICTION ON SECRETARY.—

9 Section 304(c) of the Magnuson Fishery Conserva10 tion and Management Act (16 U.S.C. 1854(c)) is

11 amended by striking paragraph (3).

12 SEC. 7. IMPLEMENTATION OF NATIONAL STANDARDS.

13 Section 301(b) of the Magnuson Fishery Conserva14 tion and Management Act, as amended (16 U.S.C.

15 1851(b)) is amended by striking ‘‘advisory’’ and by strik16 ing ‘‘(which shall not have the force and effect of law).’’.

17 SEC. 8. NONFISHING INDUSTRY REPRESENTATION.

18 (a) UNITED STATES CONSUMERS.—Section 3(21)(A)

19 of the Magnuson Fishery Conservation and Management

20 Act (16 U.S.C. 1802(21)(A)) is amended by inserting

21 after ‘‘food production’’ the following: ‘‘, United States

22 consumers,’’.

23 (b) COUNCIL REPRESENTATION.—Section 302(a) of

24 the Magnuson Fishery Conservation and Management Act

25 (16 U.S.C. 1852(a)) is amended—
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1 (1) in paragraph (1) by striking ‘‘17’’ and in2 serting ‘‘19’’, and by striking ‘‘11’’ and inserting

3 ‘‘13’’;

4 (2) in paragraph (2) by striking ‘‘19’’ and in5 serting ‘‘21’’, and by striking ‘‘12’’ and inserting

6 ‘‘14’’;

7 (3) in paragraph (3) by striking ‘‘13’’ and in8 serting ‘‘15’’, and by striking ‘‘8’’ and inserting

9 ‘‘10’’;

10 (4) in paragraph (4) by striking ‘‘7’’ and insert11 ing ‘‘9’’, and by striking ‘‘4’’ and inserting ‘‘6’’;

12 (5) in paragraph (5) by striking ‘‘17’’ and in13 serting ‘‘19’’, and by striking ‘‘11’’ and inserting

14 ‘‘13’’;

15 (6) in paragraph (6) by striking ‘‘13’’ and in16 serting ‘‘15’’, and by striking ‘‘8’’ and inserting

17 ‘‘10’’;

18 (7) in paragraph (7) by striking ‘‘11’’ and in19 serting ‘‘13’’, and by striking ‘‘7’’ and inserting ‘‘9’’;

20 (8) in paragraph (8) by striking ‘‘13’’ and in21 serting ‘‘15’’, and by striking ‘‘8’’ and inserting

22 ‘‘10’’;

23 (9) in each of paragraphs (1), (2), (3), (4), (5),

24 and (6) by inserting ‘‘and at least 2 of whom shall
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1 not be representatives of the fishing industry’’ after

2 ‘‘each such State’’ each place it appears;

3 (10) in paragraph (7) by inserting a comma fol4 lowed by ‘‘and at least 2 of whom shall not be rep5 resentatives of the fishing industry’’ after ‘‘State of

6 Washington’’; and

7 (11) in paragraph (8) by inserting a comma fol8 lowed by ‘‘and at least 2 of whom shall not be rep9 resentatives of the fishing industry’’ after ‘‘Islands’’

10 the second place it appears.

11 (c) APPOINTMENT OF NONFISHING INDUSTRY REP12 RESENTATIVES.—Section 302(b)(2) of the Magnuson

13 Fishery Conservation and Management Act (16 U.S.C.

14 1852(c)(2)) is amended by adding at the end the follow15 ing:

16 ‘‘(E) Each Governor of a constituent State of a Coun17 cil may submit to the Secretary the names of 2 individuals

18 for each appointment of a member of the Council who

19 under subsection (a) is prohibited from being a represent20 ative of the fishing industry.

21 ‘‘(F) Of the 2 members of a Council who under sub22 section (a) are prohibited from being representatives of the

23 fishing industry, not more than 1 may be nominated by

24 the Governor of a particular State.’’.
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1 SEC. 9. EFFECTIVE DATE.

2 Sections 3, 4, 5, 6 and 7 shall take effect 90 days

3 after the date of enactment of this Act, except that the

4 Secretary shall proceed during that 90-day period with

5 such regulatory proceedings, personnel actions, and other

6 activities as the Secretary considers necessary to imple7 ment fully those sections upon that effective date.

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