JOURNAL OF THE

1536

T130.7 OCTOBER 18

Chambliss

Chenoweth

Christensen

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Crane

Crapo

Cremeans

Cubin

Danner

Deal

DeLay

Dickey

Doolittle

Dornan

Dreier

Duncan

Dunn

Edwards

Emerson

Everett

Fields (TX)

Fowler

Frank (MA)

Franks (CT)

Frisa

Funderburk

Gallegly

Gekas

Geren

Goodling

Graham

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Herger

Hilleary

Hoke

Hostettler

Houghton

Hunter

Hyde

Istook

Jacobs

Johnson, Sam

Jones

Kim

King

Knollenberg

Kolbe

Largent

Latham

LaTourette

Laughlin

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Livingston

Longley

Lucas

McCollum

McCrery

McHugh

McInnis

McIntosh

McKeon

Metcalf

Mica

Molinari

Montgomery

Moorhead

Murtha

Myers

Myrick

Nethercutt

Ney

Norwood

Nussle

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Pickett

Pombo

Quillen

Radanovich

Rangel

Riggs

Roberts

Rogers

Rohrabacher

Royce

Saxton

Schaefer

Schiff

Shadegg

Shuster

Sisisky

Skeen

Skelton

Smith (TX)

Smith (WA)

Solomon

Spence

Stearns

Stenholm

Stockman

Stump

Tate

Tauzin

Taylor (MS)

Thomas

Thornberry

Tiahrt

Torkildsen

Traficant

Vucanovich

Waldholtz

Watts (OK)

Weldon (FL)

Wicker

Wilson

Wolf

Young (AK)

Zeliff

NOT VOTING—19

Archer

Barton

Bateman

Cardin

Chapman

Clay

Collins (MI)

Fields (LA)

Gibbons

Jefferson

Mfume

Oberstar

Peterson (MN)

Pomeroy

Scarborough

Tejeda

Tucker

Volkmer

Wynn

So the amendment was agreed to.

After some further time,

T130.7 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. GILCHREST:

Page 4, strike line 19 and all that follows

through page 5, line 14, and insert the following:

(4) by amending paragraph (21) to read as

follows:

‘‘(21) The term ‘optimum’, when used in

reference 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, 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 an relevant, social, economic, or

ecological factor, and

‘‘(C) in the case of an overfished fishery resource, provides for rebuilding of the resource to a level consistent with providing

the maximum sustainable yield from the resource.’’;

It was decided in the Yeas ....... 304 ! affirmative ................... Nays ...... 113

T130.8 [Roll No. 718]

AYES—304

Abercrombie

Ackerman

Andrews

Armey

Bachus

Baesler

Baker (CA)

Baldacci

Barcia

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Boehlert

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TX)

Burr

Camp

Canady

Cardin

Castle

Chabot

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coleman

Collins (GA)

Collins (MI)

Condit

Conyers

Costello

Cox

Coyne

Cramer

Cremeans

Cunningham

Danner

Davis

Deal

DeFazio

DeLauro

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Doyle

Ehlers

Ehrlich

Engel

English

Ensign

Eshoo

Evans

Ewing

Farr

Fattah

Fawell

Fazio

Filner

Flake

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Franks (NJ)

Frelinghuysen

Frost

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hamilton

Hansen

Harman

Hastert

Hastings (FL)

Hefley

Hefner

Heineman

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Houghton

Hoyer

Hunter

Hyde

Inglis

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Kanjorski

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

King

Kingston

Kleczka

Klink

Klug

Kolbe

LaFalce

LaHood

Lantos

Latham

LaTourette

Lazio

Leach

Levin

Lewis (GA)

Lincoln

Lipinski

LoBiondo

Lofgren

Lowey

Luther

Maloney

Manton

Manzullo

Markey

Martini

Mascara

Matsui

McCarthy

McDade

McDermott

McHale

McHugh

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Miller (CA)

Miller (FL)

Minge

Mink

Moakley

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Nadler

Neal

Ney

Oberstar

Obey

Olver

Owens

Oxley

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (MN)

Petri

Pickett

Pomeroy

Porter

Portman

Poshard

Pryce

Quinn

Rahall

Ramstad

Rangel

Reed

Regula

Richardson

Rivers

Roemer

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Roybal-Allard

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shaw

Shays

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (NJ)

Smith (TX)

Souder

Spence

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Talent

Tanner

Taylor (MS)

Thompson

Thornton

Tiahrt

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Visclosky

Volkmer

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Williams

Wise

Woolsey

Wyden

Wynn

Yates

Young (FL)

Zimmer

NOES—113

Allard

Archer

Baker (LA)

Ballenger

Barr

Bateman

Bliley

Blute

Boehner

Bonilla

Bono

Bryant (TN)

Bunn

Bunning

Burton

Buyer

Callahan

Calvert

Chambliss

Chenoweth

Coble

Coburn

Combest

Cooley

Crane

Crapo

Cubin

de la Garza

DeLay

Dickey

Dooley

Doolittle

Dornan

Dreier

Duncan

Dunn

Edwards

Emerson

Everett

Fields (TX)

Flanagan

Frank (MA)

Franks (CT)

Frisa

Funderburk

Hall (TX)

Hancock

Hastings (WA)

Hayes

Hayworth

Herger

Hilleary

Hostettler

Hutchinson

Istook

Johnson, Sam

Jones

Kaptur

Kim

Knollenberg

Largent

Laughlin

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

Longley

Lucas

Martinez

McCollum

McCrery

McInnis

McKeon

Metcalf

Mica

Myers

Myrick

Nethercutt

Neumann

Norwood

Nussle

Ortiz

Orton

Packard

Paxon

Peterson (FL)

Pombo

Quillen

Radanovich

Roberts

Rogers

Rose

Schaefer

Shadegg

Shuster

Smith (WA)

Solomon

Stearns

Stockman

Stump

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Thurman

Torkildsen

Vucanovich

Wicker

Wolf

Young (AK)

Zeliff

NOT VOTING—15

Chapman

Collins (IL)

Durbin

Fields (LA)

Johnston

Kasich

McIntosh

Mfume

Parker

Riggs

Scarborough

Smith (MI)

Tejeda

Tucker

Wilson

So the amendment was agreed to.

After some further time,

T130.9 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. GOSS:

Page 29, line 3, add ‘‘and’’ after the semicolon.

Page 29, strike lines 4 through 7 (and redesignate the subsequent paragraph accordingly).

It was decided in the Yeas ....... 294 ! affirmative ................... Nays ...... 129

T130.10 [Roll No. 719]

AYES—294

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Bartlett

Barton

Bass

Becerra

Beilenson

Bentsen

Berman

Bevill

Bilirakis

Bishop

Blute

Boehlert

Boehner

Bonior

Bono

Borski

Boucher

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Buyer

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Cox

Coyne

Cramer

Cremeans

Davis

DeFazio

DeLauro

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Dunn

Durbin

Ehlers

Ehrlich

Engel

English

Eshoo

Evans

Ewing

Farr

Fattah

Fawell

Fazio

Filner

Flake

Flanagan

Foglietta

Foley

Forbes

Ford

Fox

Frank (MA)

Franks (NJ)

Frelinghuysen
HOUSE OF REPRESENTATIVES

1537

1995 T130.10

Frost

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Hall (OH)

Hamilton

Harman

Hastings (FL)

Hefley

Hefner

Heineman

Herger

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Houghton

Hoyer

Hyde

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

King

Kingston

Kleczka

Klink

Klug

Kolbe

LaFalce

LaHood

Lantos

LaTourette

Lazio

Leach

Levin

Lewis (GA)

Lincoln

Linder

Lipinski

LoBiondo

Lofgren

Longley

Lowey

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McDade

McDermott

McHale

McHugh

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Miller (CA)

Miller (FL)

Minge

Mink

Moakley

Molinari

Mollohan

Moorhead

Moran

Morella

Murtha

Nadler

Neal

Nethercutt

Ney

Oberstar

Obey

Olver

Orton

Owens

Oxley

Packard

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (MN)

Petri

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Rahall

Ramstad

Rangel

Reed

Richardson

Rivers

Roemer

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Saxton

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shaw

Shays

Skaggs

Skeen

Slaughter

Smith (MI)

Smith (NJ)

Smith (WA)

Souder

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Tate

Torkildsen

Torres

Torricelli

Towns

Upton

Velazquez

Vento

Visclosky

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Waxman

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Williams

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (FL)

Zimmer

NOES—129

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bateman

Bereuter

Bilbray

Bliley

Bonilla

Brewster

Browder

Bunning

Burr

Burton

Callahan

Calvert

Chenoweth

Christensen

Coble

Coburn

Combest

Cooley

Crane

Crapo

Cubin

Cunningham

Danner

de la Garza

Deal

DeLay

Dickey

Doolittle

Dornan

Dreier

Duncan

Edwards

Emerson

Ensign

Everett

Fields (TX)

Fowler

Franks (CT)

Frisa

Funderburk

Gonzalez

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hilleary

Hostettler

Hunter

Hutchinson

Inglis

Istook

Johnson, Sam

Jones

Kim

Knollenberg

Largent

Latham

Laughlin

Lewis (CA)

Lewis (KY)

Lightfoot

Livingston

Lucas

McCrery

McInnis

McIntosh

McKeon

Metcalf

Mica

Montgomery

Myers

Myrick

Neumann

Norwood

Nussle

Ortiz

Parker

Paxon

Peterson (FL)

Pickett

Pombo

Radanovich

Regula

Riggs

Roberts

Rogers

Rose

Royce

Salmon

Sanford

Scarborough

Shadegg

Shuster

Skelton

Smith (TX)

Solomon

Spence

Stearns

Stockman

Stump

Talent

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Traficant

Vucanovich

Watts (OK)

White

Young (AK)

Zeliff

NOT VOTING—9

Brown (CA)

Chapman

Fields (LA)

Mfume

Sisisky

Tejeda

Tucker

Volkmer

Wilson

So the amendment was agreed to.

After some further time,

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

When Mr. COMBEST, Chairman, pursuant to order of the House of September 18, 1995, reported the bill back

to the House with an amendment

adopted by the Committee.

The previous question having been

ordered by said order of the House.

The following amendment, reported

from the Committee of the Whole

House on the state of the Union, was

agreed to:

Strike out all after the enacting clause and

insert:

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

Congress assembled,

TITLE I—REAUTHORIZATION OF AND

AMENDMENTS TO THE MAGNUSON FISHERY CONSERVATION AND MANAGEMENT

ACT

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Fishery Conservation and Management Amendments of

1995’’.

SEC. 2. AMENDMENT OF THE MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.

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.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY.

(a) FINDINGS.—Section 2(a) (16 U.S.C.

1801(a)) is amended—

(1) in paragraph (2)—

(A) by striking ‘‘and (B)’’ and inserting

‘‘(B)’’; and

(B) by inserting before the period at the

end the following: ‘‘, and (C) losses of essential fishery habitat can diminish the ability

of stocks of fish to survive’’;

(2) in paragraph (6) by inserting after ‘‘to

insure conservation,’’ the following: ‘‘to provide long-term conservation of essential fishery habitat,’’; and

(3) by adding at the end the following:

‘‘(9) Continuing loss of essential fishery

habitat poses a long-term threat to the viability of commercial and recreational fisheries of the United States. To conserve and

manage the fishery resources of the United

States, increased attention must be given to

the protection of this habitat.’’.

(b) PURPOSES.—Section 2(b) (16 U.S.C.

1801(b)) is amended—

(1) by striking ‘‘and’’ after the semicolon

at the end of paragraph (5);

(2) by striking the period at the end of

paragraph (6) and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(7) to promote the conservation of essential fishery habitat in the review of projects

that affect essential fishery habitat; and

‘‘(8) to ensure that conservation and management decisions with respect to the Nation’s fishery resources are made in a fair

and equitable manner.’’.

(c) POLICY.—Section 2(c)(3) (16 U.S.C.

1801(c)(3)) is amended by inserting after

‘‘practical measures that’’ the following:

‘‘minimize bycatch and’’.

SEC. 4. DEFINITIONS.

(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), section 301(b) of that Act (adding a definition of

the term ‘‘special areas’’) shall take effect

on the date of the enactment of this Act.

(b) NEW AMENDMENTS.—Section 3 (16 U.S.C.

1802) is amended—

(1) in paragraph (4)—

(A) by striking ‘‘COLENTERATA’’ 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’’;

(2) in paragraph (16) by striking ‘‘of one

and one-half miles’’ and inserting ‘‘of two

and one-half kilometers’’;

(3) in paragraph (17) by striking ‘‘Pacific

Marine Fisheries Commission’’ and inserting

‘‘Pacific States Marine Fisheries Commission’’;

(4) by amending paragraph (21) to read as

follows:

‘‘(21) The term ‘optimum’, when used in

reference 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, 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 an relevant social, economic, or

ecological factor;

‘‘(C) in the case of an overfished fishery resource, provides for rebuilding of the resource to a level consistent with providing

the maximum sustainable yield from the resource; and

‘‘(D) which provides employment opportunities and economic benefits through the

sustained participation of local communitybased fleets and the coastal communities

which those fleets support.’’.

(5) in paragraph (31) (as redesignated by

the amendments made effective by subsection (a) of this section) by striking ‘‘for

which a fishery management plan prepared

under title III or a preliminary fishery management plan prepared under section 201(h)

has been implemented’’ and inserting ‘‘regulated under this Act’’; and

(6) by adding at the end the following:

‘‘(34) The term ‘bycatch’ means fish which

are harvested by a fishing vessel, but which

are not sold or kept for personal use, including economic discards and regulatory discards.

‘‘(35) The term ‘economic discards’ means

fish which are the target of a fishery, but

which are not retained by the fishing vessel

which harvested them because they are of an

undesirable size, sex, or quality, or for other

economic reasons.

‘‘(36) The term ‘regulatory discards’ means

fish caught in a fishery which fishermen are

required by regulation to discard whenever

caught, or are required by regulation to retain but not sell.

‘‘(37) The term ‘essential fishery habitat’

means those waters necessary to fish for

spawning, breeding, or growth to maturity.

‘‘(38) The term ‘overfishing’ means a level

or rate of fishing mortality that jeopardizes
JOURNAL OF THE

1538

T130.10 OCTOBER 18

the ability of a stock of fish to produce maximum sustainable yield on a continuing

basis.

‘‘(39) The term ‘rebuilding program’ means

those conservation and management measures necessary to restore the ability of a

stock of fish to produce maximum sustainable yield on a continuing basis.

‘‘(40) The term ‘total allowable catch’

means the total amount of fish in a fishery

that may be harvested in a fishing season, as

established in accordance with a fishery

management plan for the fishery.

‘‘(41) The term ‘efficiency’ with respect to

the utilization of fishery resources means

fishing which—

‘‘(A) yields the greatest economic value of

the fishery with the minimum practicable

amount of bycatch, and

‘‘(B) provides the maximum economic opportunity for, and participation of, local

community-based fleets and the coastal communities which those fleets support.’’.

SEC. 5. FOREIGN FISHING.

(a) TRANSSHIPMENT PERMITS.—

(1) AUTHORITY TO OPERATE UNDER TRANSSHIPMENT PERMITS.—Section 201(a)(1) (16

U.S.C. 1821(a)(1)) is amended to read as follows:

‘‘(1) is authorized under subsection (b) or

(c) or under a permit issued under section

204(d);’’.

(2) AUTHORITY TO ISSUE TRANSSHIPMENT

PERMITS.—Section 204 (16 U.S.C. 1824) is

amended 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 products at sea from a

point within the boundaries of any State or

the exclusive economic zone 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 the department in which the Coast Guard is operating, any appropriate Council, and any interested State.

‘‘(3) APPROVAL OF APPLICATION.—The Secretary may approve an application for a permit under this section if the Secretary determines that—

‘‘(A) the transportation of 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 which shall be complied with by

the owner and operator of the vessel for

which the permit is issued. The conditions

and restrictions shall include the requirements, regulations, and restrictions set forth

in subsection (b)(7).

‘‘(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.’’.

(b) FOREIGN FISHING FOR ATLANTIC MACKEREL AND ATLANTIC HERRING.—

(1) RESTRICTION ON ALLOCATIONS.—Section

201(e)(1)(A) (16 U.S.C. 1821(e)(1)(A)) is amended by adding at the end the following new

sentence: ‘‘No allocation may be made for a

fishery that is not subject to a fishery management plan prepared under section 303.’’.

(2) COUNCIL RECOMMENDATION REQUIRED TO

APPROVE APPLICATION.—Section 204(b)(6) (16

U.S.C. 1824(b)(6)) is amended—

(A) in subparagraph (A) by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs

(B) and (C)’’; and

(B) by adding at the end the following new

subparagraph:

‘‘(C)(i) The Secretary may not approve an

application which proposes harvest of Atlantic mackerel or Atlantic herring by one or

more foreign fishing vessels unless the appropriate Council has recommended that the

Secretary approve the portion of the application making that proposal and the Secretary

includes the appropriate conditions and restrictions recommended by the Council.

‘‘(ii) For purposes of this subparagraph, the

term ‘appropriate Council’ means the MidAtlantic Fishery Management Council with

respect to Atlantic mackerel and the New

England Fishery Management Council with

respect to Atlantic herring.’’.

(c) PERIOD FOR CONGRESSIONAL REVIEW OF

GOVERNING INTERNATIONAL FISHERY AGREEMENTS.—Section 203 (16 U.S.C. 1823) is

amended—

(1) in subsection (a) by striking ‘‘60 calendar days of continuous session of the Congress’’ and inserting ‘‘120 calendar days (excluding any days in a period for which the

Congress is adjourned sine die)’’;

(2) by striking subsection (c); and

(3) by redesignating subsection (d) as subsection (c).

(d) TECHNICAL CORRECTION.—

(1) CORRECTION.—Section 201(e)(1)(E)(iv) (16

U.S.C. 1821(e)(1)(E)(iv)) is amended by inserting ‘‘or special areas’’ after ‘‘the exclusive

economic zone’’.

(2) APPLICATION.—The amendment made by

paragraph (1) shall take effect on the date it

would take effect if it were enacted by section 301(d)(2) 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. 63).

SEC. 6. LARGE-SCALE DRIFT NET FISHING.

Section 206(e) (16 U.S.C. 1826(e)) is amended

to read as follows:

‘‘(e) REPORT.—Not later than March 17th of

each year, the Secretary, after consultation

with the Secretary of State and the Secretary of the department in which the Coast

Guard is operating, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on

Resources of the House of Representatives a

list of those nations whose nationals or vessels conduct, and of those nations that authorize their nationals to conduct, largescale drift net fishing beyond the exclusive

economic zone of any nation in a manner

that diminishes the effectiveness of, or is inconsistent with, any international agreement governing large-scale drift net fishing

to which the United States is a party or otherwise subscribes.’’.

SEC. 7. NATIONAL STANDARD FOR FISHERY CONSERVATION AND MANAGEMENT TO

MINIMIZE BYCATCH.

Section 301(a) (16 U.S.C. 1851(a)) is amended

by adding at the end the following:

‘‘(8) Conservation and management measures shall, to the maximum extent practicable, minimize bycatch.’’.

SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.

(a) MEMBERSHIP OF NORTH CAROLINA ON

MID-ATLANTIC FISHERY MANAGEMENT COUNCIL.—Section 302(a)(2) (16 U.S.C. 1852(a)(2)) is

amended—

(1) by striking ‘‘and Virginia’’ and inserting ‘‘Virginia, and North Carolina’’;

(2) by striking ‘‘19’’ and inserting ‘‘21’’; and

(3) by striking ‘‘12’’ and inserting ‘‘13’’.

(b) VOTING MEMBERS, GENERALLY.—Section

302(b) (16 U.S.C. 1852(b)) is amended—

(1) in paragraph (2)(B) in the first sentence

by inserting before the period the following:

‘‘, and of other individuals selected for their

fisheries expertise as demonstrated by their

academic training, marine conservation advocacy, consumer advocacy, or other affiliation with nonuser groups’’; and

(2) by adding at the end the following new

paragraph:

‘‘(6) The Secretary shall remove any member of a Council required to be appointed by

the Secretary in accordance with subsection

(b)(2) if the member violates section

307(1)(P).’’.

(c) COMPENSATION.—

(1) AMENDMENT.—Section 302(d) (16 U.S.C.

1852(d)) is amended in the first sentence—

(A) by striking ‘‘each Council,’’ and inserting ‘‘each Council who are required to be appointed by the Secretary and’’; and

(B) by striking ‘‘shall, until January 1,

1992,’’ and all that follows through ‘‘GS–16’’

and inserting the following: ‘‘shall receive

compensation at a daily rate equivalent to

the lowest rate of pay payable for GS–15,’’.

(2) EFFECTIVE DATE.—The amendment

made by paragraph (1)(B) shall take effect on

January 1, 1996.

(d) TRANSACTION OF BUSINESS.—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 required under subsection (j)(2)(E) 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) COMMUNICATIONS WITH FEDERAL AGENCIES REGARDING ESSENTIAL AND OTHER FISHERY HABITAT.—Section 302(i) (16 U.S.C.

1852(i)) is amended—

(1) in paragraph (1), by striking ‘‘and’’

after the semicolon at the end of subparagraph (A) and striking the period at the end

of subparagraph (B) and inserting ‘‘; and’’;

(2) by adding at the end of paragraph (1)

the following:

‘‘(C) shall notify the Secretary regarding,

and may comment on and make recommendations to any State or Federal agency concerning, any activity undertaken, or

proposed to be undertaken, by any State or

Federal agency that, in the view of the Council, may have a detrimental effect on the essential fishery habitat of a fishery under the

authority of the Council.’’; and

(3) by amending paragraph (2) to read as

follows:

‘‘(2) Within 15 days after receiving a comment or recommendation under paragraph

(1) from a Council regarding the effects of an

activity on essential fishery habitat, a Federal agency shall provide to the Council a detailed response in writing. The response shall

include a description of measures being con-
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1995 T130.10

sidered 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 Council, the Federal agency

shall explain its reasons for not following

the recommendations.’’.

(h) PROCEDURAL MATTERS.—Section

302(j)(2) (16 U.S.C. 1852(j)(2)) is amended—

(1) by striking ‘‘guidelines’’ in the matter

preceding subparagraph (A) and inserting

‘‘shall’’;

(2) in subparagraph (C), by inserting after

‘‘fishery)’’ the following: ‘‘sufficiently in advance of the meeting to allow meaningful

public participation in the meeting,’’;

(3) by adding at the end of subparagraph

(D) the following: ‘‘The written statement or

oral testimony shall include a brief description of the background and interests of the

person on the subject of the written statement or oral testimony.’’;

(4) by amending subparagraph (E) to read

as follows:

‘‘(E) Detailed minutes of each meeting of

the Council 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 reports received, issued, or approved by the

Council. The Chairman shall certify the accuracy of the minutes of each meeting and

submit a copy thereof to the Secretary. The

minutes shall be made available to any court

of competent jurisdiction.’’; and

(5) by adding at the end the following:

‘‘(G) A Council member may add an item

to the agenda of a meeting of a Council or of

a committee or advisory panel of a Council

by presenting to the Chairman of the Council, committee, or panel, at least 21 days before the date of the meeting, a written description of the item signed by 2 or more voting members of the Council.’’.

(i) DISCLOSURE OF FINANCIAL INTEREST AND

RECUSAL.—Section 302(k) (16 U.S.C. 1852(k))

is amended—

(1) in the heading by inserting ‘‘AND

RECUSAL’’ before the period;

(2) in paragraph (1)—

(A) in subparagraph (A) by inserting ‘‘or’’

after the semicolon at the end;

(B) in subparagraph (B) by striking ‘‘; or’’

at the end and inserting a period; and

(C) by striking subparagraph (C);

(3) in paragraph (3)(B) by striking ‘‘or (C)’’;

(4) in paragraph (5)—

(A) in subparagraph (A) by striking ‘‘and’’

at the end;

(B) in subparagraph (B) by striking the period at the end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(C) be kept on file by the Secretary for

use in reviewing Council actions and made

available by the Secretary for public inspection at reasonable hours.’’;

(5) in paragraph (6) by striking ‘‘or (C)’’;

(6) in paragraph (7) by striking ‘‘or (C)’’;

and

(7) by adding at the end the following:

‘‘(8) The Secretary, in consultation with

the Councils, and by not later than 1 year

after the date of the enactment of the Fishery Conservation and Management Amendments of 1995, shall establish rules which

prohibit an affected individual from voting

on a matter in which the individual or any

other person described in paragraph (2) with

respect to the individual has an interest that

would be significantly affected. The rules

may include provisions which take into account the differences in fisheries.

‘‘(9) A voting member of a Council shall

recuse himself or herself from voting if—

‘‘(A) voting by the member would violate

the rules established under paragraph (8); or

‘‘(B) the General Counsel of the National

Oceanic and Atmospheric Administration (or

a designee of the General Counsel under

paragraph (10)(C)(ii)) determines under paragraph (10) that voting by the member would

violate the rules established under paragraph

(8).

‘‘(10)(A) Before any vote held by a Council

on any matter, a voting member of the Council may, at a meeting of the Council, request

the General Counsel of the National Oceanic

and Atmospheric Administration (or a designee of the General Counsel under subparagraph (C)(ii)) to determine whether voting on

the matter by the member, or by any other

member of the Council, would violate the

rules established under paragraph (8).

‘‘(B) Upon a request under subparagraph

(A) regarding voting on a matter by a

member—

‘‘(i) the General Counsel of the National

Oceanic and Atmospheric Administration (or

a designee of the General Counsel under subparagraph (C)(ii)) shall determine and state

whether the voting would violate the rules

established under paragraph (8), at the meeting at which the request is made; and

‘‘(ii) no vote on the matter may be held by

the Council before the determination and

statement are made.

‘‘(C) The General Counsel of the National

Oceanic and Atmospheric Administration

shall—

‘‘(i) attend each meeting of a Council; or

‘‘(ii) designate an individual to attend each

meeting of a Council for purposes of this

paragraph.

‘‘(11) For the purposes of this subsection,

the term ‘an interest that would be significantly affected’ means a personal financial

interest which would be augmented by voting on the matter and which would only be

shared by a minority of other persons within

the same industry sector or gear group

whose activity would be directly affected by

a Council’s action.’’.

(j) CONFORMING AMENDMENT.—Section

302(k)(1)(A) (16 U.S.C. 1852(k)(1)(A)) is amended to read as follows:

‘‘(A) is nominated by the Governor of a

State for appointment as a voting member of

a Council in accordance with subsection

(b)(2) or is designated by the Governor of a

State under subsection (b)(1)(A) and is not an

employee of the State; or’’.

SEC. 9. CONTENTS OF FISHERY MANAGEMENT

PLANS.

(a) REQUIRED PROVISIONS.—

(1) NEW REQUIREMENTS.—Section 303(a) (16

U.S.C. 1853(a)) is amended—

(A) in paragraph (5) by striking ‘‘and the

estimated processing capacity of, and the actual processing capacity utilized by, United

States fish processors,’’ and inserting the

following: ‘‘the amount and species of bycatch taken on board a fishing vessel based

on a standardized reporting methodology established by the Council for that fishery, and

the estimated processing capacity of, and the

actual processing capacity utilized by,

United States fish processors;’’;

(B) by amending paragraph (7) to read as

follows:

‘‘(7) include a description of essential fishery habitat for a fishery based on the guidelines established by the Secretary under section 304(h)(1) and conservation and management measures necessary to minimize, to the

extent practicable, adverse impacts on that

habitat caused by fishing;’’;

(C) in paragraph (8) by striking ‘‘and’’ after

the semicolon at the end;

(D) in paragraph (9) by striking the period

at the end and inserting a semicolon; and

(E) by adding at the end the following:

‘‘(10) include a measurable and objective

determination of what constitutes overfishing in that fishery, and a rebuilding program in the case of a plan for any fishery

which the Council or the Secretary has determined is overfished;

‘‘(11) include conservation and management measures necessary to minimize bycatch to the maximum extent practicable;

‘‘(12) to the extent practicable, minimize

mortality caused by economic discards and

regulatory discards in the fishery;

‘‘(13) take into account the safety of

human life at sea;

‘‘(14) in the case of any plan which under

subsection (b)(8) requires that observers be

carried on board vessels—

‘‘(A) be fair and equitable to all fishing

vessels and fish processing vessels, that are

vessels of the United States and participate

in fisheries covered by the plan;

‘‘(B) be consistent with other applicable

laws; and

‘‘(C) take into consideration the operating

requirements of the fishery and the safety of

observers and fishermen.’’.

‘‘(15) take into account the historic participation of local community-based fleets

and the coastal communities which those

fleets support, and provide for the sustained

participation of those fleets and communities.’’.

(2) AMENDMENT OF PLANS.—Not later than

18 months after the date of enactment of this

Act, each Regional Fishery Management

Council established under the Magnuson

Fishery Conservation and Management Act

shall submit to the Secretary of Commerce

an amendment to each fishery management

plan in effect under that Act to comply with

the amendments made by paragraph (1).

(3) FISH WEIGHING.—By January 1, 1997, the

North Pacific Fishery Management Council

shall require all fish processors and fish

processing vessels (as that term is defined in

chapter 21 of title 46, United States Code)

that process fish species under the management of the Council to weigh those fish to

ensure an accurate measurement of the total

harvest of each species.

(b) AMENDMENTS RELATING TO DISCRETIONARY PROVISIONS, GENERALLY.—Section

303(b) (16 U.S.C. 1853(b)) is amended—

(1) in paragraph (8) in the matter preceding

the first semicolon, by striking ‘‘require that

observers’’ and inserting ‘‘require that one

or more observers’’;

(2) in paragraph (9) by striking ‘‘and’’ after

the semicolon;

(3) by redesignating paragraph (10) as paragraph (14); and

(4) by inserting after paragraph (9) the following:

‘‘(10) assess and specify the effect which

conservation and management measures of

the plan will have on stocks of fish in the

ecosystem of the fishery which are not part

of the fishery;

‘‘(11) include incentives and harvest preferences within fishing gear groups to promote the avoidance of bycatch;

‘‘(12) specify gear types allowed to be used

in the fishery and establish a process for

evaluating new gear technology that is proposed to be used in the fishery;

‘‘(13) reserve a portion of the allowable biological catch of the fishery for use for scientific research purposes; and

‘‘(14) in the case of any plan which under

subsection (b)(8) requires that observers be

carried on board vessels, establish a system

of fees, not to exceed the actual costs of the

observer program, to pay the costs of the

program; and’’.

(c) REQUIREMENT TO SUBMIT FISHERY IMPACT STATEMENTS TO AFFECTED STATES AND

THE CONGRESS.—Section 303 of the Magnuson

Fishery Conservation and Management Act

(16 U.S.C. 1853), as amended by section 16(b),

is further amended by adding at the end the

following new subsection:

‘‘(h) SUBMISSION OF FISHERY IMPACT STATEMENTS TO INTERESTED STATES AND THE CONGRESS.—Not later than the date a fishery

management plan prepared by a Council or
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the Secretary takes effect under section 304,

the Council or the Secretary, respectively,

shall submit the fishery impact statement

required in the plan under subsection (a)(9)

to—

‘‘(1) the Governor of each State that might

be affected by the plan, who may use information in the statement to assist persons in

applying for loans and grants for economic

relief; and

‘‘(2) the Committee on Resources of the

House of Representatives and the Committee

on Commerce, Science, and Transportation

of the Senate.’’.

SEC. 10. AMENDMENTS RELATING TO MISCELLANEOUS DUTIES OF SECRETARY.

(a) SAFETY AT SEA.—Section 304(a)(2)(C) (16

U.S.C. 1854(a)(2)(C)) is amended by striking

‘‘to fishery access’’ and all that follows

through the period and inserting ‘‘with respect to the provisions of sections 303(a)(6)

and (13).’’.

(b) HIGHLY MIGRATORY SPECIES.—Section

304(f) (16 U.S.C. 1854(f)) is amended—

(1) by striking the subsection heading and

inserting the following: ‘‘FISHERIES UNDER

AUTHORITY OF MORE THAN ONE COUNCIL.—’’;

(2) in paragraph (3)(C)(ii) by inserting before the semicolon the following: ‘‘and the

plan development team established under

paragraph (4)’’;

(3) in paragraph (3)(E), strike ‘‘allocation

or quota’’ each place it appears and insert

‘‘allocation, quota, or fishing mortality

level’’;

(4) in paragraph (3)(F)(ii) by inserting ‘‘and

the plan development team established

under paragraph (4)’’ before the semicolon;

(5) by adding at the end the following:

‘‘(4)(A) The Secretary shall establish a plan

development team for each highly migratory

species fishery over which the Secretary has

authority under paragraph (3)(A), to advise

the Secretary on and participate in the development of each fishery management plan

or amendment to a plan for the fishery under

this subsection.

‘‘(B) The plan development team shall—

‘‘(i) consist of not less than 7 individuals

who are knowledgeable about the fishery for

which the plan or amendment is developed,

selected from members of advisory committees and species working groups appointed

under Acts implementing relevant international fishery agreements pertaining to

highly migratory species and from other interested persons;

‘‘(ii) be balanced in its representation of

commercial, recreational, and other interests; and

‘‘(iii) participate in all aspects of the development of the plan or amendment.

‘‘(C) The Federal Advisory Committee Act

(5 U.S.C. App.) shall not apply to any plan

development team established under this

paragraph.’’; and

(6) in paragraph (3)(D) by striking clauses

(ii) and (iii) and inserting the following:

‘‘(ii) be fair and equitable in allocating

fishing privileges among United States fishermen and not have economic allocation as

the sole purpose;

‘‘(iii) promote international conservation;

‘‘(iv) minimize the establishment of regulations that require the discarding of Atlantic highly migratory species which cannot be

returned to the sea alive; and

‘‘(v) promote the implementation of scientific research programs that include to the

extent practicable, the tag, and release of

Atlantic highly migratory species.’’.

(c) LIMITED ACCESS.—Section 304(c)(3) (16

U.S.C. 1854(c)(3)) is amended by inserting ‘‘or

advisory committee appointed under laws

implementing relevant international fishery

agreements to which the United States is a

party’’ before the period at the end.

(d) INCIDENTAL HARVEST RESEARCH.—Section 304(g) (16 U.S.C. 1854(g)) is amended—

(1) in paragraph (1) by striking ‘‘3-year’’;

(2) by striking paragraph (4) and inserting

the following:

‘‘(4) No later than 12 months after the enactment of the Fishery Conservation and

Management Amendments of 1995, the Secretary shall, in cooperation with affected interests and based upon the best scientific information available, complete a program

to—

‘‘(A) develop technological devices and

other changes in fishing operations to minimize the incidental mortality of nontargeted

fishery resources in the course of shrimp

trawl activity to the extent practicable from

the level of mortality at the date of enactment of the Fishery Conservation and Management Amendments of 1990;

‘‘(B) evaluate the ecological impacts and

the benefits and costs of such devices and

changes in fishing operations; and

‘‘(C) assess whether it is practicable to utilize those nontargeted fishery resources

which are not avoidable.’’; and

(3) by adding at the end the following new

paragraph:

‘‘(7) Any measure implemented under this

Act to reduce the incidental mortality of

nontargeted fishery resources in the course

of shrimp trawl fishing shall apply to such

fishing throughout the range of the nontargeted fishery resource concerned.’’.

(e) ESSENTIAL FISHERY HABITAT; OVERFISHING.—Section 304 (16 U.S.C. 1854) is further amended by adding at the end the following:

‘‘(h) ACTIONS BY THE SECRETARY ON ESSENTIAL FISHERY HABITAT.—(1) Within one year

after the date of enactment of the Fishery

Conservation and Management Amendments

of 1995, the Secretary shall—

‘‘(A) establish guidelines to assist the

Councils in the description of essential fishery habitat in fishery management plans;

and

‘‘(B) establish a schedule for the amendment of fishery management plans to describe essential fish habitats.

‘‘(2) The Secretary, in cooperation with the

Secretary of the Interior, shall identify the

essential fishery habitat for each fishery for

which a fishery management plan is in effect. The identification shall be based on the

description of essential fishery habitat contained in the plan.

‘‘(3) Each Federal agency shall consult

with the Secretary with respect to any action proposed to be authorized, funded, or

carried out by such agency that the head of

the agency has reason to believe, or the Secretary believes, may result in the destruction or adverse modification of any essential

fishery habitat identified by the Secretary

under paragraph (2). If the Secretary finds

that the proposed action would result in destruction or adverse modifications of such

essential fishery habitat, the Secretary shall

comment on and make recommendations to

the agency concerning that action.

‘‘(4) Within 15 days after receiving recommendations from the Secretary under

paragraph (3) with respect to a proposed action, the head of a Federal agency shall provide a detailed, written response to the Secretary which describes the measures proposed by the agency to avoid, mitigate, or

offset the adverse impact of the proposed action on the essential fishery habitat. In the

case of a response that is inconsistent with

the recommendation of the Secretary, the

agency shall explain its reasons for not following the recommendations.

‘‘(5) The Secretary shall review programs

administered by the Department of Commerce to ensure that any relevant programs

further the conservation and enhancement of

essential fishery habitat identified by the

Secretary under paragraph (2). The Secretary shall coordinate with and provide information to other Federal agencies to further the conservation and enhancement of

essential fishery habitat identified by the

Secretary under paragraph (2).

‘‘(6) Nothing in this subsection shall have

the effect of amending or repealing any other

law or regulation or modifying any other responsibility of a Federal agency with respect

to fisheries habitat.

‘‘(i) ACTION BY THE SECRETARY ON OVERFISHING.—(1) In addition to the authority

granted to the Secretary under subsection

(c), if the Secretary finds at any time that

overfishing is occurring or has occurred in

any fishery, the Secretary shall immediately

notify the appropriate Council and request

that action be taken to end overfishing in

the fishery and to establish a rebuilding program for the fishery. The Secretary shall

publish each notice under this paragraph in

the Federal Register.

‘‘(2) If the Council does not submit to the

Secretary before the end of the 1-year period

beginning on the date of notification under

paragraph (1) a fishery management plan, or

an amendment to the appropriate existing

fishery management plan, which is intended

to address overfishing in the fishery and to

establish any necessary rebuilding program,

then the Secretary shall within 9 months

after the end of that period prepare under

subsection (c) a fishery management plan, or

an amendment to an existing management

plan, to end overfishing in the fishery and to

establish any necessary rebuilding program.

‘‘(3) If the Secretary finds that overfishing

is occurring in any fishery for which a fishery management plan prepared by the Secretary is in effect, the Secretary shall—

‘‘(A) within 1 year act under subsection (c)

to amend the plan to end overfishing in the

fishery and to establish any necessary rebuilding program; and

‘‘(B) in the case of a highly migratory species fishery, pursue international rebuilding

programs.

‘‘(4) Any rebuilding program under this

subsection shall specify the time period

within which the fishery is expected to be rebuilt. The time period shall be as short as

possible, taking into account the biology and

natural variability of the stock of fish, other

environmental factors or conditions which

would affect the rebuilding program, and the

needs of the fishing industry. The time period may not exceed 10 years, except in cases

where the biology of the stock of fish or

other environmental conditions or factors

beyond the control of the rebuilding program

dictates otherwise.

‘‘(5) If the Secretary finds that the action

of any Federal agency has caused or contributed to the decline of a fishery below maximum sustainable yield, the Secretary shall

notify the agency of the Secretary’s finding

and recommend steps that can be taken by

the agency to reverse that decline.

‘‘(6)(A) The Secretary shall review the

progress of any rebuilding program required

under this subsection beginning in the third

year in which the plan is in effect, and annually thereafter.

‘‘(B) If the Secretary finds as a result of

the review that the rebuilding program is

not meeting its specified goals due to reasons related to the reproductive capacity,

productivity, life span, or natural variability

of the fish species concerned or other environmental conditions or factors beyond the

control of the rebuilding program, the Secretary shall—

‘‘(i) reassess the goals of the program;

‘‘(ii) determine, based on the best available

scientific information, whether revision to

the program is needed; and

‘‘(iii) if the Secretary determines under

clause (ii) that such revisions are needed, direct the Council that established the program to make revisions to the program, or in
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1995 T130.10

the case of a program established by the Secretary, make such revisions.

‘‘(C) If the Secretary finds as a result of

the review that the rebuilding program is

not meeting its specified goals for reasons

other than those described in subparagraph

(B), the Secretary shall direct the Council

that established the program to make revisions to the program, or in the case of a program established by the Secretary, make

such revisions.

‘‘(7)(A) The Secretary shall report annually

to the Congress and the Councils on the status of fisheries within each Council’s geographic area of authority and identify those

fisheries that are approaching a condition of

being overfished.

‘‘(B) For each fishery that is subject to a

fishery management plan, the status of the

fishery shall be determined for purposes of

subparagraph (A) in accordance with the determination of what constitutes overfishing

in the fishery included in the plan under section 303(a)(10).

‘‘(C) The Secretary shall identify a fishery

under subparagraph (A) as approaching a

condition of being overfished if, based on

trends in fishing effort, fishery resource size,

and other appropriate factors, the Secretary

determines that the fishery is likely to become overfished within 2 years.

‘‘(D) For any fishery that the Secretary

identifies under subparagraph (A) as approaching the condition of being overfished,

the report shall—

‘‘(i) estimate the time frame within which

the fishery will reach that condition; and

‘‘(ii) make specific recommendations to

the appropriate Council regarding actions

that should be taken to prevent that condition from being reached.’’.

(f) ACTION ON CERTAIN IMPLEMENTING REGULATIONS PROPOSED BY COUNCILS.—Section 304

(16 U.S.C. 1854) is further amended by adding

at the end the following:

‘‘(j) ACTION ON COVERED IMPLEMENTING

REGULATIONS PROPOSED BY A COUNCIL.—(1)

After the receipt date of a covered implementing regulation submitted by a Council,

the Secretary shall—

‘‘(A) immediately commence a review of

the covered implementing regulation to determine whether it is consistent with the

fishery management plan it would implement, the national standards, the other provisions of this Act, and any other applicable

law; and

‘‘(B) immediately publish the covered implementing regulation in the Federal Register and provide a period of not less than 15

days and not more than 45 days for the submission of comments by the public.

‘‘(2) Not later than 75 days after the receipt

date of a covered implementing regulation

submitted by a Council, the Secretary

shall—

‘‘(A) publish a final regulation on the subject matter of the covered implementing regulation; or

‘‘(B) decline to publish a final regulation.

The Secretary shall provide to the Council in

writing an explanation of the reasons for the

Secretary’s action.

‘‘(3) For the purposes of this subsection,

the term—

‘‘(A) ‘receipt date’ means the 5th day after

the day on which a Council submits to the

Secretary a covered implementing regulation that the Council characterizes as a final

covered implementing regulation; and

‘‘(B) ‘covered implementing regulation’—

‘‘(i) means a proposed amendment to existing regulations implementing a fishery management plan in effect under this Act, which

does not have the effect of amending the

plan; and

‘‘(ii) does not include any proposed regulation submitted with a plan or amendment to

a plan under section 303(c).’’.

(g) PACIFIC REGION STOCK ASSESSMENT.—

Section 304 (16 U.S.C. 1854) is further amended by adding at the end the following:

‘‘(k) PACIFIC REGION STOCK ASSESSMENT.—

(1) Not later than 120 days after the date of

enactment of the Fishery Conservation and

Management Amendments of 1995, the Secretary shall, in consultation with the Pacific

Fishery Management Council and the States

of California, Oregon, and Washington, establish a Pacific Region Scientific Review

Group (in this subsection referred to as the

‘Group’) consisting of representatives of the

National Marine Fisheries Service, each of

the States of California, Oregon, and Washington, universities located in those States,

commercial and recreational fishermen and

United States fish processors located in

those States, and environmental organizations. Individuals appointed to serve on the

Group shall be selected from among individuals who are knowledgeable or experienced

in the harvesting, processing, biology, or

ecology of the fish stocks of fish that are

managed under the Pacific Fisheries Management Council Pacific Coast Groundfish

Plan (in this subsection referred to as the

‘covered Pacific stocks’).

‘‘(2) Not later than 180 days after the date

of establishment of the Group, the Group

shall transmit to the Secretary a research

plan of at least 3 years duration to assess the

status of the covered Pacific stocks, including the abundance, location, and species,

age, and gender composition of those stocks.

The plan shall provide for the use of private

vessels to conduct stock surveys.

‘‘(3) Immediately upon receiving the plan

transmitted under paragraph (2), the Secretary shall take action necessary to carry

out the plan and report such actions to the

Committee on Resources of the House of

Representatives. The Secretary shall implement the plan, subject to the availability of

appropriations, by chartering private vessels, arranging for the deployment of scientists on those vessels (including the payment of increased insurance costs to vessel

owners), and obtaining the assistance of

United States fish processors.

‘‘(4) The Secretary may offset the cost of

carrying out the plan by entering into agreements with vessel owners or United States

fish processors to provide vessel owners or

United States fish processors with a portion

of the allowable biological catch reserved for

research purposes under section 303(b).

(h) ECONOMIC ANALYSIS.—Section 304 (16

U.S.C. 1854) is further amended by adding

after subsection (m) (as added by section

22(b) of this Act) the following new subsection:

‘‘(n) ECONOMIC ANALYSIS.—In performing

any economic analysis of a plan, amendment, or regulation proposed under this Act,

the Secretary or a Council, as appropriate,

shall consider the costs and benefits which

accrue to local community-based fleets and

the coastal communities they support.’’.

SEC. 11. EMERGENCY ACTIONS.

Section 305(c) (16 U.S.C. 1855(c)) is

amended—

(1) in paragraph (2)(A), by inserting ‘‘under

section 302(b)(1)(A) and (C)’’ after ‘‘voting

members’’;

(2) by amending paragraph (3)(B) to read as

follows:

‘‘(B) shall remain in effect for not more

than 180 days after the date of such publication, except that any such regulation may,

by agreement of the Secretary and the Council and after notice and an opportunity for

submission of comments by the public, be effective for 1 additional period of not more

than 180 days; and’’; and

(3) by adding at the end the following:

‘‘(4) The Secretary may promulgate emergency regulations under this subsection to

protect the public health. Notwithstanding

paragraph (3), regulations promulgated

under this paragraph shall remain in effect

until withdrawn by the Secretary. The Secretary shall promptly withdraw regulations

under this paragraph when the circumstances requiring the regulations no

longer exist. The Secretary shall provide an

opportunity for submission of comments by

the public after regulations are promulgated

under this paragraph.

‘‘(5) An emergency regulation promulgated

under this subsection that closes an area to

fishing shall not remain in effect for an additional period under paragraph (3)(B) unless

before the beginning of the additional period

the Council having jurisdiction over the

area, in conjunction with the Secretary, publishes a report on the status of the fishery in

the area that includes an analysis of the

costs and benefits of the closure.’’.

SEC. 12. STATE JURISDICTION.

(a) REPORTS.—Section 306(c)(1) (16 U.S.C.

1856(c)(1)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (A);

(2) by striking the period at the end of subparagraph (B) and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(C) the owner or operator of the vessel

submits to the appropriate Council and the

Secretary, in a manner prescribed by the

Secretary, periodic reports on the tonnage of

fish received from vessels of the United

States and the locations from which such

fish were harvested.’’.

(b) STATE AUTHORITY.—Section 306(b) (16

U.S.C. 1856(b)) is amended by adding at the

end the following:

‘‘(3) For any fishery occurring off the

coasts of Alaska for which there is no Federal fishery management plan approved and

implemented pursuant to this Act, or pursuant to delegation to a State in a fishery

management plan, a State may enforce its

laws or regulations pertaining to the taking

of fish in the exclusive economic zone off

that State or the landing of fish caught in

the exclusive economic zone providing there

is a legitimate State interest in the conservation and management of that fishery,

until a Federal fishery management plan is

implemented. Fisheries currently managed

pursuant to a Federal fishery management

plan shall not be removed from Federal management and placed under State authority

without the unanimous consent (except for

the Regional Director of the National Marine

Fisheries Service) of the Council which developed the fishery management plan.’’.

SEC. 13. PROHIBITED ACTS.

(a) PROHIBITION ON REMOVING, DAMAGING,

TAMPERING WITH, OR MOVING FISHING GEAR

AND FISH.—

(1) PROHIBITION.—Section 307(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended—

(A) by redesignating subparagraphs (L),

(M), and (N) in order as subparagraphs (M),

(N), and (O); and

(B) by striking subparagraph (K) and inserting the following:

‘‘(K) to steal or to knowingly and without

authorization to remove, damage, or tamper

with—

‘‘(i) fishing gear owned by another person,

which is located in the exclusive economic

zone or special areas; or

‘‘(ii) fish contained in such fishing gear;

‘‘(L) to negligently damage, remove, or

move, or to attempt to do any of the foregoing with respect to—

‘‘(i) fishing gear that is owned by another

person and located in the exclusive economic

zone; or

‘‘(ii) fish contained in such fishing gear;’’.

(2) CONFORMING AMENDMENTS.—Section

309(a) of the Magnuson Fishery Conservation
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T130.10 OCTOBER 18

and Management Act (16 U.S.C. 1859) is

amended—

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

and inserting ‘‘(K), or (M)’’; and

(B) in subsection (b) by striking ‘‘section

307(1)(L)’’ and inserting ‘‘section 307(1)(M)’’.

(b) FAILURE TO DISCLOSE FINANCIAL INFORMATION.—Section 307(1) (16 U.S.C. 1857(1)) is

amended—

(1) by striking ‘‘or’’ at the end of subparagraph (N) (as redesignated by subsection

(a)(1)(A) of this section);

(2) by striking the period at the end of subparagraph (O) (as redesignated by subsection

(a)(1)(A) of this section) and inserting ‘‘; or’’;

and

(3) by adding at the end the following:

‘‘(P) to knowingly and willfully fail to disclose or falsely disclose any financial interest as required under section 302(k) or to

knowingly violate any rule established under

section 302(k)(8).’’.

(c) PROHIBITED FISHING.—

(1) IN GENERAL.—Section 307(2)(B) (16 U.S.C.

1857(2)(B)) is amended to read as follows:

‘‘(B) in fishing, except recreational fishing

permitted under section 201(j), within the exclusive economic zone or within the special

areas, or for any anadromous species or Continental Shelf fishery resources beyond such

zone or areas, or in fishing consisting of

transporting fish products from a point within the boundaries of any State or the exclusive economic zone or the special areas, unless such fishing is authorized under, and

conducted in accordance with, a valid and

applicable permit issued under section 204,

except that this subparagraph shall not

apply to fishing within the special areas 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; or’’.

(2) CONFORMING AMENDMENT.—Section

301(h)(2)(A) 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. 64), is repealed.

(d) RESTRICTION ON SALE OF LOBSTERS.—

Section 307(1)(J)(i) (16 U.S.C. 1557(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 both such

plans is smaller than the minimum possession size in effect at the time under the Atlantic States Marine Fisheries Commission’s

American Lobster Fishery Management

Plan’’.

SEC. 14. HAROLD SPARCK BERING SEA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

Section 313 (16 U.S.C. 1862) is amended by

adding at the end the following new subsection:

‘‘(f) BERING SEA COMMUNITY DEVELOPMENT

QUOTA PROGRAM.—(1) The North Pacific

Fishery Management 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 western Alaska communities that participate in the program.

‘‘(2) To be eligible to participate in the

western Alaska community development

quota program under paragraph (1), a community must—

‘‘(A) 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;

‘‘(B) not be located on the Gulf of Alaska

coast of the north Pacific Ocean;

‘‘(C) meet criteria developed by the Governor of Alaska, approved by the Secretary,

and published in the Federal Register;

‘‘(D) be certified by the Secretary of the

Interior pursuant to the Alaska Native

Claims Settlement Act to be a Native village;

‘‘(E) consist of residents who conduct more

than one-half of their current commercial or

subsistence fishing effort in the waters of the

Bering Sea and Aleutian Islands management area; and

‘‘(F) 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.’’.

SEC. 15. OBSERVERS.

Title III (16 U.S.C. 1851 et seq.) is amended

by adding at the end the following:

‘‘SEC. 315. RIGHTS OF OBSERVERS.

‘‘(a) CIVIL ACTION.—An observer on a vessel

(or the observer’s personal representative)

under the requirements of this Act or the

Marine Mammal Protection Act of 1972 (16

U.S.C. 1361 et seq.) that is ill, disabled, injured, or killed from service as an observer

on that vessel may not bring a civil action

under any law of the United States for that

illness, disability for that illness, disability,

injury, or death against the vessel or vessel

owner, except that a civil action may be

brought against the vessel owner for the

owner’s willful misconduct.

‘‘(b) EXCEPTION.—Subsection (a) does not

apply if the observer is engaged by the

owner, master, or individual in charge of a

vessel to perform any duties in service to the

vessel.’’.

SEC. 16. INDIVIDUAL QUOTA LIMITED ACCESS

PROGRAMS.

(a) AUTHORITY TO ESTABLISH INDIVIDUAL

QUOTA SYSTEMS.—Section 303(b)(6) (16 U.S.C.

1853(b)(6)) is amended to read as follows:

‘‘(6) establish a limited access system for

the fishery in order to achieve optimum

yields, if—

‘‘(A) in developing such system, the Councils and the Secretary take into account—

‘‘(i) the need to promote conservation;

‘‘(ii) present participation in the fishery,

‘‘(iii) historical fishing practices in, and

dependence on, the fishery,

‘‘(iv) the economics of the fishery,

‘‘(v) the capability of fishing vessels used

in the fishery to engage in other fisheries,

‘‘(vi) the cultural and social framework

relevant to the fishery and local coastal

communities, and

‘‘(vii) any other relevant considerations;

and

‘‘(B) in the case of such a system that provides for the allocation and issuance of individual quotas (as that term is defined in subsection (g)), the plan complies with subsection (g).’’.

(b) REQUIREMENTS.—Section 303 is further

amended by adding at the end the following

new subsection:

‘‘(g) SPECIAL PROVISIONS FOR INDIVIDUAL

QUOTA SYSTEMS.—(1) A fishery management

plan which establishes an individual quota

system for a fishery—

‘‘(A) shall provide for administration of the

system by the Secretary in accordance with

the terms of the plan;

‘‘(B) shall not create, or be construed to

create, any right, title, or interest in or to

any fish before the fish is harvested;

‘‘(C) shall include provisions which establish procedures and requirements for each

Council having authority over the fishery,

for—

‘‘(i) reviewing and revising the terms of the

plan that establish the system; and

‘‘(ii) renewing, reallocating, and reissuing

individual quotas if determined appropriate

by each Council;

‘‘(D) shall include provisions to—

‘‘(i) provide for fair and equitable allocation of individual quotas under the system;

‘‘(ii) minimize negative social and economic impacts of the system on local coastal

communities; and

‘‘(iii) ensure adequate enforcement of the

system, including the use of observers where

appropriate at a level of coverage that

should yield statistically significant results,

except that on a fish processing vessel at sea

observers shall be required as necessary to

ensure monitoring of fishing activities 24

hours each day; and

‘‘(E) include provisions that prevent any

person from acquiring an excessive share of

individual quotas issued for a fishery.

‘‘(2) An individual quota issued under an

individual quota system established by a

fishery management plan—

‘‘(A) shall be considered a grant, to the

holder of the individual quota, of permission

to engage in activities permitted by the individual quota;

‘‘(B) may be revoked or limited at any

time, in accordance with the terms of the

plan and regulations issued by the Secretary

or the Council having authority over the

fishery for which it is issued, if necessary for

the conservation and management of the

fishery (including as a result of a violation of

this Act or any regulation prescribed under

this Act);

‘‘(C) if revoked or limited by the Secretary

or a Council, shall not confer any right of

compensation to the holder of the individual

quota;

‘‘(D) may be received and held in accordance with regulations prescribed by the Secretary under this Act;

‘‘(E) shall, except in the case of an individual quota allocated under an individual

quota system established before the date of

enactment of the Fishery Conservation and

Management Amendments of 1995, expire not

later than 7 years after the date it is issued,

in accordance with the terms of the fishery

management plan; and

‘‘(F) upon expiration under subparagraph

(E), may be renewed, reallocated, or reissued

if determined appropriate by each Council

having authority over the fishery.

‘‘(3)(A) Except as provided in subparagraphs (B) and (C), any fishery management

plan that establishes an individual quota

system for a fishery may authorize individual quotas to be held by or issued under

the system to fishing vessel owners, fishermen, crew members, and United States fish

processors.

‘‘(B) An individual who is not a citizen of

the United States may not hold an individual quota issued under a fishery management plan.

‘‘(C) A Federal agency or official may not

hold, administer, or reallocate an individual

quota issued under a fishery management

plan, other than the Secretary and the Council having authority over the fishery for

which the individual quota is issued.

‘‘(4) Any fishery management plan that establishes an individual quota system for a

fishery may include provisions that—

‘‘(A) allocate individual quotas under the

system among categories of vessels; and

‘‘(B) provide a portion of the annual harvest in the fishery for entry-level fishermen,

small vessel owners, or crewmembers who do

not hold or qualify for individual quotas.

‘‘(5)(A) An individual quota system established for a fishery may be limited or terminated at any time if necessary for the conservation and management of the fishery,

by—

‘‘(i) the Council which has authority over

the fishery for which the system is estab-
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lished, through a fishery management plan

or amendment; or

‘‘(ii) the Secretary, in the case of any individual quota system established by a fishery

management plan developed by the Secretary.

‘‘(B) This paragraph does not diminish the

authority of the Secretary under any other

provision of this Act.

‘‘(6) Any individual quota system established for a fishery after the date of enactment of the Fishery Conservation and Management Amendments of 1995—

‘‘(A) shall not allow individual quotas

shares under the system to be sold, transferred, or leased;

‘‘(B) shall prohibit a person from holding

an individual quota share under the system

unless the person participates in the fishery

for which the individual quota share is

issued; and

‘‘(C) shall require that if any person that

holds an individual quota share under the

system does not engage in fishing under the

individual quota share for 3 or more years in

any period of 5 consecutive years, the individual quota share shall revert to the Secretary and shall be reallocated under the

system to qualified participants in the fishery in a fair and equitable manner and in accordance with the following priorities:

‘‘(i) As the first priority, to persons who

have participated in the fishery but have not

received any individual quota shares under

the system, or have received individual

quota shares under the system in an amount

insufficient to allow participation in the

fishery.

‘‘(ii) As the second priority, to persons who

desire to enter the fishery.

‘‘(iii) As the third priority, to persons who

participate in the fishery and hold individual

quota shares sufficient to permit that participation.

‘‘(7) In reallocating individual quota shares

under paragraph (6)(C)(iii), the Secretary

may utilize a royalty auction or other comparable bidding process.

‘‘(8) The Secretary may suspend the applicability of paragraph (6) for individuals on a

case-by-case basis due to death, disablement,

undue hardship, or in any case in which fishing is prohibited by the Secretary or the

Council.

‘‘(9) This subsection does not require a

Council or the Secretary to amend a fishery

management plan in order to comply with

paragraph (1)(D)(i) or (ii) with respect to an

individual quota system, if the plan (or an

amendment to the plan) established the individual quota system before the date of enactment of the Fishery Conservation and Management Amendments of 1995.

‘‘(10) As used in this subsection:

‘‘(A) The term ‘individual quota system’

means a system that limits access to a fishery in order to achieve optimum yield,

through the allocation and issuance of individual quotas.

‘‘(B) The term ‘individual quota’ means a

grant of permission to harvest or process a

quantity of fish in a fishery, during each

fishing season for which the permission is

granted, equal to a stated percentage of the

total allowable catch for the fishery.’’.

(c) FEES.—Section 304(d) is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary shall’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2)(A) Notwithstanding paragraph (1), the

Secretary shall collect from a person that

holds an individual quota issued under a limited access system established under section

303(b)(6) fees established by the Secretary in

accordance with this section and section

9701(b) of title 31, United States Code.

‘‘(B) The fees required to be established

and collected by the Secretary under this

paragraph are the following:

‘‘(i) An initial allocation fee in an amount,

determined by the Secretary, equal to 1 percent of the value of fish authorized to be harvested in one year under an individual quota,

which shall be collected from the person to

whom the individual quota is first issued.

‘‘(ii) An annual fee in an amount, determined by the Secretary, not to exceed 4 percent of the value of fish authorized to be harvested each year under an individual quota

share, which shall be collected from the

holder of the individual quota share.

‘‘(C) In determining the amount of a fee

under this paragraph, the Secretary shall ensure that the amount is commensurate with

the cost of managing the fishery with respect to which the fee is collected, including

reasonable costs for salaries, data analysis,

and other costs directly related to fishery

management and enforcement.

‘‘(D) The Secretary, in consultation with

the Councils, shall promulgate regulations

prescribing the method of determining under

this paragraph the value of fish authorized

to be taken under an individual quota share,

the amount of fees, and the method of collecting fees.

‘‘(E) Fees collected under this paragraph

from holders of individual quotas in a fishery

shall be an offsetting collection and shall be

available to the Secretary only for the purposes of administering and implementing

this Act with respect to that fishery.

‘‘(F) The Secretary may not assess or collect any fee under this paragraph with respect to an individual quota system established before the date of enactment of the

Fishery Conservation and Management

Amendments of 1995, during the 5-year period

beginning on that date of enactment.’’.

(d) APPROVAL OF FISHERY MANAGEMENT

PLANS ESTABLISHING INDIVIDUAL QUOTA SYSTEMS.—Section 304 (16 U.S.C. 1854) is further

amended by adding after subsection (k) (as

added by section 10 of this Act) the following

new subsection:

‘‘(l) ACTION ON LIMITED ACCESS SYSTEMS.—

(1) In addition to the other requirements of

this Act, the Secretary may not approve a

fishery management plan that establishes a

limited access system that provides for the

allocation of individual quotas (in this subsection referred to as an ‘individual quota

system’) unless the plan complies with section 303(g).

‘‘(2) Within 1 year after receipt of recommendations from the review panel established under paragraph (3), the Secretary

shall issue regulations which establish requirements for establishing an individual

quota system. The regulations shall be developed in accordance with the recommendations. The regulations shall—

‘‘(A) specify factors that shall be considered by a Council in determining whether a

fishery should be managed under an individual quota system;

‘‘(B) ensure that any individual quota system is consistent with the requirements of

sections 303(b) and 303(g), and require the

collection of fees in accordance with subsection (d)(2);

‘‘(C) provide for appropriate penalties for

violations of individual quotas systems, including the revocation of individual quotas

for such violations;

‘‘(D) include recommendations for potential management options related to individual quotas, including the authorization of

individual quotas that may not be transferred by the holder, and the use of leases or

auctions by the Federal Government in the

establishment or allocation of individual

quotas; and

‘‘(E) establish a central lien registry system for the identification, perfection, and

determination of lien priorities, and nonjudicial foreclosure of encumbrances, on individual quotas.

‘‘(3)(A) Not later than 6 months after the

date of the enactment of the Fishery Conservation and Management Amendments of

1995, the Secretary shall establish a review

panel to evaluate fishery management plans

in effect under this Act that establish a system for limiting access to a fishery, including individual quota systems, and other limited access systems, with particular attention to—

‘‘(i) the success of the systems in conserving and managing fisheries;

‘‘(ii) the costs of implementing and enforcing the systems;

‘‘(iii) the economic effects of the systems

on local communities; and

‘‘(iv) the use of leases or auctions in the establishment or allocation of individual quota

shares.

‘‘(B) The review panel shall consist of—

‘‘(i) the Secretary or a designee of the Secretary;

‘‘(ii) a representative of each Council, selected by the Council;

‘‘(iii) 3 representatives of the commercial

fishing and processing industry; and

‘‘(iv) one at large representative who is selected by reason of occupational or other experience, scientific expertise, or training,

and who is knowledgeable regarding the conservation and management or the commercial or recreational harvest of fishery resources.

‘‘(C) Based on the evaluation required

under subparagraph (A), the review panel

shall, by September 30, 1997—

‘‘(i) submit comments to the Councils and

the Secretary with respect to the revision of

individual quota systems that were established under this Act prior to June 1, 1995;

and

‘‘(ii) submit recommendations to the Secretary for the development of the regulations required under paragraph (2).’’.

(e) RESTRICTION ON NEW INDIVIDUAL QUOTA

SYSTEMS PENDING REGULATIONS.—

(1) RESTRICTION.—The Secretary of Commerce may not approve any covered quota

system plan, and no covered quota system

plan shall take effect, under title III of the

Magnuson Fishery Conservation and Management Act before the effective date of regulations issued by the Secretary under section 304(l) of that Act, as added by subsection (d).

(2) COVERED QUOTA SYSTEM PLAN DEFINED.—

In this subsection, the term ‘‘covered quota

system plan’’ means a fishery management

plan or amendment to a fishery management

plan, that—

(A) proposes establishment of an individual

quota system (as that term is used in section

303 of the Magnuson Fishery Conservation

and Management Act, as amended by subsection (a) of this section); and

(B) is submitted to the Secretary after

May 1, 1995.

SEC. 17. FISHING CAPACITY REDUCTION PROGRAMS.

(a) IN GENERAL.—Title III (16 U.S.C. 1851 et

seq.) is further amended by adding after section 315 (as added by section 15 of this Act)

the following new section:

‘‘SEC. 316. FISHING CAPACITY REDUCTION PROGRAMS.

‘‘(a) AUTHORITY TO CONDUCT PROGRAM.—

The Secretary, with the concurrence of the

Council having authority over a fishery, may

conduct a voluntary fishing capacity reduction program for a fishery in accordance

with this section, if—

‘‘(1) the Secretary—

‘‘(A) determines that the program is necessary for rebuilding, preventing overfishing,

or generally improving conservation and

management of the fishery; or

‘‘(B) is requested to do so by the Council

with authority over the fishery; and
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T130.10 OCTOBER 18

‘‘(2) there is in effect under section 304 a

fishery management plan that—

‘‘(A) limits access to the fishery through a

Federal fishing permit required by a limited

access system established under section

303(b)(6); and

‘‘(B) prevents the replacement of fishing

capacity eliminated by the program

through—

‘‘(i) a moratorium on the issuance of new

Federal fishing permits for the duration of

the repayment period; and

‘‘(ii) restrictions on fishing vessel capacity

upgrading.

‘‘(b) PROGRAM REQUIREMENTS.—Under a

fishing capacity reduction program conducted under this section for a fishery, the

Secretary shall—

‘‘(1) seek to permanently reduce the maximum effective fishing capacity at the least

cost and in the shortest period of time

through the removal of vessels and permits

from the fishery;

‘‘(2) make payments to—

‘‘(A) scrap or otherwise render permanently unusable for fishing in the United

States, vessels that operate in the fishery;

and

‘‘(B) acquire the Federal fishing permits

that authorize participation in the fishery;

‘‘(3) provide for the funding of those payments by persons that participate in the

fishery, by establishing and imposing fees on

holders of Federal fishing permits under this

Act that authorize that participation;

‘‘(4) establish criteria for determining the

types of vessels and permits which are eligible to participate in the program, that—

‘‘(A) assess vessel impact on the fishery;

‘‘(B) minimize program costs; and

‘‘(C) take into consideration—

‘‘(i) previous fishing capacity reduction

programs; and

‘‘(ii) the characteristics of the fishery;

‘‘(5) establish procedures for determining

the amount of payments under subsection

(c); and

‘‘(6) identify sources of funding for the program in addition to the amounts referred to

in subsection (f)(2)(A), (B), (C), and (D).

‘‘(c) PAYMENTS.—

‘‘(1) IN GENERAL.—As part of a fishing capacity reduction program under this section,

and subject to paragraph (2), the Secretary

shall make payments under subsection (b)(2).

‘‘(2) ESTABLISHMENT OF FEE REQUIRED.—The

Secretary may not make any payment under

paragraph (1) for a fishery unless there is in

effect for the fishery a fee under subsection

(d).

‘‘(3) LIMITATION ON TOTAL AMOUNT OF PAYMENTS FOR FISHERY.—The total amount of

payments under paragraph (1) for a fishery

may not exceed the total amount the Secretary projects will be deposited into the

Fund from fees that apply to the fishery

under subsection (d).

‘‘(d) FEES.—

‘‘(1) IN GENERAL.—Notwithstanding any

other provision of law, the Secretary, with

the concurrence of a majority of the voting

members of a Council having authority over

a fishery for which a fishing capacity reduction program is conducted under this section, may establish an annual fee on holders

of Federal fishing permits authorizing participation in the fishery.

‘‘(2) AMOUNT OF FEE.—The amount of a fee

established under this subsection for a fishery described in paragraph (1)—

‘‘(A) shall be adequate to ensure that the

total amount collected in the form of the fee

will not be less than the amount the Secretary determines is necessary for payments

under subsection (b)(2) to reduce fishing capacity in the fishery to a level that will ensure the long-term health of the fishery;

‘‘(B) shall be based on—

‘‘(i) the value of the fishery;

‘‘(ii) the projected number of participants

in the fishery;

‘‘(iii) the projected catch in the fishery;

and

‘‘(iv) the direct costs of implementing a

fishing capacity reduction program under

this section for the fishery; and

‘‘(C) may not exceed, for any permit holder, 5 percent of the value of fish harvested

under the permit each year.

‘‘(3) EFFECTIVE PERIOD.—A fee under this

subsection may not be in effect for more

than 15 years.

‘‘(4) USE OF AMOUNTS RECEIVED.—Amounts

received by the United States as fees under

this subsection—

‘‘(A) shall be deposited into the Fund; and

‘‘(B) may not be used to pay any administrative overhead or other costs not directly

incurred in implementing this section with

respect to the fishery.

‘‘(e) ADVISORY PANELS.—

‘‘(1) IN GENERAL.—The Secretary shall establish for each fishery for which a fishing

capacity reduction program is conducted

under this section an advisory panel to advise the Secretary regarding that program.

‘‘(2) MEMBERSHIP.—Each advisory panel

under this subsection shall consist of individuals appointed by the Secretary and shall

include representatives of—

‘‘(A) the Department of Commerce,

‘‘(B) Councils having authority over fisheries for which the panel is established,

‘‘(C) appropriate sectors of the fishing industry affected by fishing capacity reduction

programs under this sections, and

‘‘(D) appropriate States affected by such

programs.

‘‘(f) FISHERIES CONSERVATION AND RESTORATION FUND.—

‘‘(1) ESTABLISHMENT.—There is established

in the Treasury of the United States a separate account which shall be known as the

Fisheries Conservation and Restoration

Fund (in this section referred to as the

‘Fund’).

‘‘(2) DEPOSITS INTO THE FUND.—There shall

be deposited into the Fund—

‘‘(A) amounts appropriated 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)), popularly

known as the Saltonstall-Kennedy Act;

‘‘(B) amounts paid to the United States

Government as fees established under subsection (d);

‘‘(C) any other amounts appropriated for

fisheries disaster that the Secretary determines should be used for fishing capacity reduction programs under this section; and

‘‘(D) any other amounts appropriated for

making payments under subsection (b)(2).

‘‘(3) AVAILABILITY.—

‘‘(A) IN GENERAL.—Amounts in the Fund

shall be available to the Secretary without

fiscal year limitation for making payments

under subsection (b)(2).

‘‘(B) MANAGEMENT OF UNNEEDED BALANCE.—

Amounts in the Fund that are not currently

needed for the purposes of this section shall

be invested in obligations of, or guaranteed

by, the United States.

‘‘(g) EXPIRATION OF ACQUIRED PERMITS.—

Permits acquired by the Secretary under

subsection (b)(2)(B)—

‘‘(1) shall not be effective after the date of

that acquisition; and

‘‘(2) may not be reissued or replaced.’’.

(b) USE OF AMOUNTS TRANSFERRED UNDER

SALTONSTALL-KENNEDY ACT.—Section 2(b)(1)

of the Act of August 11, 1939 (15 U.S.C. 713c–

3(b)(1)), popularly known as the SaltonstallKennedy Act, is amended in subparagraph

(A) by striking ‘‘and’’ after the semicolon at

the end of clause (ii), by striking the period

at the end of clause (iii) and inserting ‘‘;

and’’, and by adding at the end the following

new clause:

‘‘(iv) to fund fishing capacity reduction

programs under section 316 of the Magnuson

Fishery Conservation and Management Act,

by depositing a portion of amounts transferred into the Fisheries Conservation and

Restoration Fund established by that section; and’’.

SEC. 18. CONSIDERATION OF ABILITY TO PAY

PENALTIES.

Section 308(a) (16 U.S.C. 1858(a)) is

amended—

(1) in the last sentence by striking ‘‘ability

to pay,’’; and

(2) by adding at the end the following new

sentence: ‘‘In assessing such penalty, the

Secretary may also consider facts relating to

the ability of the violator to pay that are established by the violator in a timely manner.’’.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Title IV (90 Stat. 359–361)

is amended to read as follows:

‘‘TITLE IV—MISCELLANEOUS PROVISIONS

‘‘Sec. 401. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated

to the Secretary, for carrying out this Act,

the following:

‘‘(1) $114,000,000 for fiscal year 1996.

‘‘(2) $118,000,000 for fiscal year 1997.

‘‘(3) $122,000,000 for fiscal year 1998.

‘‘(4) $126,000,000 for fiscal year 1999.

‘‘(5) $130,000,000 for fiscal year 2000.’’.

(b) CLERICAL AMENDMENT.—The table of

contents in the first section of the Magnuson

Fishery Conservation and Management Act

is amended by striking the items relating to

title IV (including the items relating to the

sections in that title) and inserting the following:

‘‘TITLE IV—MISCELLANEOUS PROVISIONS

‘‘Sec. 401. Authorization of appropriations.’’.

(c) AUTHORIZATION OF APPROPRIATIONS FOR

NOAA MARINE FISHERY PROGRAMS.—The National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98–210; 97 Stat. 1409) is

amended—

(1) in section 2(a)—

(A) by striking ‘‘and’’ after ‘‘1992’’ and inserting a comma; and

(B) by inserting before the period at the

end the following: ‘‘, $47,000,000 for fiscal

year 1996, $48,645,000 for fiscal year 1997,

$50,347,575 for fiscal year 1998, $52,109,740 for

fiscal year 1999, and $53,933,580 for fiscal year

2000’’;

(2) in section 3(a)—

(A) by striking ‘‘and’’ after ‘‘1992’’ and inserting a comma; and

(B) by inserting before the period at the

end the following: ‘‘, $27,400,000 for fiscal

year 1996, $28,359,000 for fiscal year 1997,

$29,351,565 for fiscal year 1998, $30,378,869 for

fiscal year 1999, and $31,442,129 for fiscal year

2000’’;

(3) in section 4(a)—

(A) by striking ‘‘and’’ after ‘‘1992’’ and inserting a comma; and

(B) by inserting before the period at the

end the following: ‘‘, $17,300,000 for fiscal

year 1996, $17,905,500 for fiscal year 1997,

$18,532,192 for fiscal year 1998, $19,180,818 for

fiscal year 1999, and $19,852,146 for fiscal year

2000’’; and

(4) in section 2(e)—

(A) by striking ‘‘1992 and 1993’’ and inserting ‘‘1996 and 1997’’;

(B) by striking ‘‘establish’’ and inserting

‘‘operate’’;

(C) by striking ‘‘306’’ and inserting ‘‘307’’;

and

(D) by striking ‘‘1991’’ and inserting ‘‘1992’’.

SEC. 20. TECHNICAL CORRECTIONS.

(a) CORRECTION.—Section 304 of the Act entitled ‘‘An Act to provide for the designation

of the Flower Garden Banks National Marine
HOUSE OF REPRESENTATIVES

1545

1995 T130.10

Sanctuary’’, approved March 9, 1992 (Public

Law 102–251; 106 Stat. 65), is repealed.

(b) CONFORMING AMENDMENT.—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

outer 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.’’.

SEC. 21. CLERICAL AMENDMENTS.

The Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.) is

amended by striking ‘‘Committee on Merchant Marine and Fisheries’’ each place it

appears and inserting ‘‘Committee on Resources’’.

SEC. 22. PROVISIONS RELATING TO GULF OF

MEXICO.

(a) FISHERY ASSESSMENTS.—Section 304(e)

(16 U.S.C. 1854(e)) is amended by adding at

the end the following new paragraph:

‘‘(5) The Secretary shall develop and implement a systematic program for the assessment and annual reporting to the public of

the status of fisheries in the Gulf of Mexico

subject to management under this Act. Such

program shall—

‘‘(A) provide for the use of peer-review panels consisting of independent and external

experts;

‘‘(B) not exclude peer-reviewers merely because they represent entities that may have

an interest or potential interest in the outcome, if that interest is fully disclosed to the

Secretary;

‘‘(C) provide opportunity to become part of

a peer-review panel at a minimum by soliciting nominations through the Federal Register; and

‘‘(D) ensure that all comment and opinions

of such peer-review panels are made available to the public.’’.

(b) FISHERY MONITORING.—Section 304 (16

U.S.C. 1854) is further amended by adding at

the end the following new subsection:

‘‘(m) FISHERY MONITORING.—(1) The Secretary shall develop a plan for the Gulf of

Mexico region to collect, assess, and report

statistics concerning the fisheries in each

such region.

‘‘(2) The plan under this subsection shall—

‘‘(A) provide fishery managers and the public with timely and accurate information

concerning harvests and fishing effort;

‘‘(B) minimize paperwork and regulatory

burdens on fishermen and fish buyers;

‘‘(C) minimize costs to Federal and State

agencies;

‘‘(D) avoid duplication and inconsistencies

in the collection, assessment, and reporting

of fishery statistics; and

‘‘(E) ensure the confidentiality of information.

‘‘(3) The Secretary shall ensure that fishermen, fish buyers, and other individuals potentially impacted by the plan required

under this subsection are actively involved

in all stages of the development of such plan

and that appropriate fishery management

agencies are consulted.

‘‘(4) No later than 9 months after the date

of enactment of the Fishery Conservation

and Management Amendments of 1995, the

Secretary shall publish notice of a proposed

plan required under this subsection and provide the public with a reasonable opportunity to comment on such proposed plan.

The Secretary shall consider such comments

before submitting the plan under paragraph

(5).

‘‘(5) No later than one year after the date

of enactment of the Fishery Conservation

and Management Amendments of 1995, the

Secretary shall submit a final plan under

this subsection to the Committee on Resources of the House of Representatives and

the Committee on Commerce, Science, and

Transportation of the Senate.’’.

(c) RESOURCE ASSESSMENT.—Section 304 (16

U.S.C. 1854) is further amended by adding at

the end the following new subsection:

‘‘(n) RESOURCE ASSESSMENTS.—(1) Notwithstanding any other provision of this Act, the

Secretary shall, wherever practicable, subject to the availability of appropriations,

and when the arrangement will yield statistically reliable results, rely on the private

sector to provide vessels, equipment, and

services necessary to survey the fishery resources of the United States. The Secretary

shall determine whether this 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; and

‘‘(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 biological catch of the surveyed fishery

that is reserved for research purposes under

section 303(b).

‘‘(3) The Secretary shall undertake efforts

to expand annual fishery resource assessments in all regions of the Nation through

the use of the authority provided in this subsection.’’

(d) GULF OF MEXICO RED SNAPPER STOCK

MANAGEMENT STUDY.—

(1) IN GENERAL.—The Secretary of Commerce shall have an independent analysis

conducted that will evaluate—

(A) the methods, data, and models used to

assess the status of Gulf of Mexico red snapper stock assessments;

(B) the effectiveness of the fishery management plan in effect under the Magnuson

Fishery Conservation and Management Act

that applies to Gulf of Mexico red snapper, in

terms of the appropriateness of the management goal and time frame given the available biological data; and

(C) regulations in effect under that Act

that apply to Gulf of Mexico red snapper, in

the terms of the effectiveness of fairly controlling fishing mortality.

(2) STUDY REQUIREMENTS.—The study

shall—

(A) assess all alternatives that could provide a more balanced and practical approach

to managing the red snapper fishery in the

Gulf of Mexico;

(B) involve commercial and recreational

fishermen from the Gulf of Mexico in the collection of data and information and in the

development of an accurate assessment plan;

and

(C) be completed and reported to the Congress and the Gulf of Mexico Fishery Management Council within 1 year after the date

of the enactment of this Act.

(3) USE OF REPORT.—It is expected for the

report on the study under this subsection to

be used as the foundation for any future

management of red snapper in the Gulf of

Mexico by the Gulf of Mexico Fishery Management Council or the National Marine

Fisheries Service (or both). It is also expected that the Council will suspend the implementation of any individual fishing quota

plan for red snapper in the Gulf of Mexico

until the study is completed and until the

Secretary of Commerce has completed standards or guidelines.

(4) LIMITED IMMUNITY.—Individuals providing credible information to receive the

most accurate assessments shall not be subject to any catch reporting violations.

SEC. 23. STUDY OF CONTRIBUTION OF BYCATCH

TO CHARITABLE 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

determination 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 the 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(34) of the Magnuson Fishery Conservation and Management Act, as

amended by section 4 of this Act.

SEC. 24. PROHIBITION.

No fish may be introduced into interstate

commerce of the United States unless the

Secretary of Commerce certifies that the

country of origin of the fish has implemented and is enforcing laws or regulations

requiring fish excluder devices on that country’s fishing industry in the manner in which

these laws are enforced in the United States.

SEC. 25. SENSE OF CONGRESS; REQUIREMENT

REGARDING NOTICE.

(a) IN GENERAL.—Title IV, as amended by

section 19, is further amended by adding at

the end the following new section:

‘‘SEC. 402. SENSE OF CONGRESS; NOTICE TO RECIPIENTS OF ASSISTANCE.

‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—It is the sense of the

Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this

Act should be American-made.

‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance

under this Act, the Secretary, to the greatest extent practicable, shall provide to each

recipient of the assistance a notice describing the statement made in subsection (a) by

the Congress.’’.

(b) CLERICAL AMENDMENT.—The table of

contents in the first section, as amended by

section 19, is further amended by adding at

the end the following:
JOURNAL OF THE

1546

T130.11 OCTOBER 18

‘‘Sec. 402. Sense of Congress; notice to recipients of assistance.’’.

TITLE II—INSULAR AREAS

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Pacific Insular Areas Fisheries Empowerment Act of

1995’’.

SEC. 202. FINDINGS AND POLICY.

(a) FINDINGS.—Section 2(a) (16 U.S.C.

1801(a)) is further amended by adding at the

end the following:

‘‘(10) The Pacific Insular Areas of the

United States contain a unique historical,

cultural, legal, political, and geographic circumstance, including the importance of fisheries resources to their economic growth.’’.

(b) POLICY.—Section 2(c) (16 U.S.C. 1801) is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (5);

(2) by striking the period at the end of

paragraph (6) and inserting ‘‘; and’’; and

(3) by adding at the end the following new

paragraph:

‘‘(7) to assure that the fishery resources

adjacent to Pacific Insular Areas, including

those within the exclusive economic zone of

such areas and any Continental Shelf fishery

resources of such areas, be explored, exploited, conserved, and managed for the benefit of the people of each such areas.’’.

SEC. 203. DEFINITIONS.

Section 3 (16 U.S.C. 1802), as amended by

section 4 of this Act, is further amended by

redesignating paragraphs (39) and (40) as

paragraphs (40) and (41), respectively, and by

inserting after paragraph (38) the following

new paragraph:

‘‘(39) The term ‘Pacific Insular Area’

means American Samoa, Guam, or the

Northern Mariana Islands.’’.

SEC. 204. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

(a) AUTHORITY FOR FOREIGN FISHING UNDER

A PACIFIC INSULAR AREA AGREEMENT.—Section 201(a)(1) (16 U.S.C. 1821(a)(1)), as amended by title I of this Act, is further amended

by inserting ‘‘or (e)’’ after ‘‘section 204(d)’’.

(b) AUTHORITY TO ENTER INTO A PACIFIC INSULAR AREAS AGREEMENT.—Section 202(c)(2)

(16 U.S.C. 1822(c)(2)) is amended by inserting

before the period at the end the following:

‘‘or section 204(e)’’.

(c) PACIFIC INSULAR AREA AGREEMENTS.—

Section 204 (26 U.S.C. 1824), as amended by

section 5 of this Act, is further amended by

adding at the end the following:

‘‘(e) PACIFIC INSULAR AREAS.—(1) After consultation with or at the request of the Governor of a Pacific Insular Area, the Secretary of State, in concurrence with the Secretary and the appropriate Council, may negotiate and enter into a Pacific Insular Area

Fishery Agreement (in this subsection referred to as a ‘PIAFA’) to authorize foreign

fishing within the exclusive economic zone

adjacent to such Pacific Insular Area or for

Continental Shelf fishery resources beyond

such zone.

‘‘(2)(A) Fees pursuant to a PIAFA shall be

paid to the Secretary by the owner or operator of any foreign fishing vessel for which a

permit has been issued pursuant to this section.

‘‘(B) The Secretary of Commerce, in consultation with the Governor of the Pacific Island Insular Area, may establish, by regulation, the level of fees which may be charged

pursuant to a PIAFA. The amount of fees

may exceed administrative costs and shall be

reasonable, fair, and equitable to all participants in the fisheries.

‘‘(C) Amounts received by the United

States as fees under this paragraph shall be

deposited in the general fund of the Treasury

and shall be used, as provided in appropriations Acts, for fishery conservation and management purposes in waters adjacent to the

Pacific Insular Area with respect to which

the fees are paid.

‘‘(3) A PIAFA shall become effective according to the procedures of section 203.

‘‘(4) The Secretary of State may not negotiate a PIAFA with a country that is in violation of a governing international fishery

agreement in effect under this Act.

‘‘(5) This subsection shall not be considered

to supersede any governing international

fishery agreement in effect under this Act.’’.

SEC. 205. ENFORCEMENT.

Section 311 (16 U.S.C. 1861) is amended by

adding at the end the following new subsection:

‘‘(f) ENFORCEMENT IN THE INSULAR AREAS.—

The Secretary, in consultation with the Governors of the Pacific Insular Areas shall, to

the greatest extent practicable, support cooperative enforcement agreements between

Federal and Pacific Insular Area authorities.’’.

SEC. 206. CONFORMING AMENDMENTS.

(a) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is

amended by striking ‘‘204(b) or (c)’’ and inserting ‘‘204(b), (c), or (e)’’.

(b) Section 311(g)(1) (16 U.S.C. 1861(g)(1)) is

amended by inserting after the citation

‘‘201(b) or (c)’’ the words ‘‘or section 204(d)’’.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

Mr. YOUNG of Alaska demanded that

the vote be taken by the yeas and nays,

which demand was supported by onefifth of the Members present, so the

yeas and nays were ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 388 ! affirmative ................... Nays ...... 37

T130.11 [Roll No. 720]

YEAS—388

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Baesler

Baker (CA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeFazio

DeLauro

DeLay

Dellums

Deutsch

Diaz-Balart

Dickey

Dingell

Dixon

Doggett

Dooley

Doolittle

Doyle

Dreier

Duncan

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Ewing

Farr

Fattah

Fawell

Fazio

Fields (TX)

Filner

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gibbons

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hansen

Harman

Hastert

Hastings (FL)

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E.B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Linder

Lipinski

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McDade

McHale

McHugh

McInnis

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Mica

Miller (CA)

Miller (FL)

Minge

Mink

Moakley

Molinari

Mollohan

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Orton

Owens

Oxley

Packard

Pallone

Pastor

Paxon

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Richardson

Riggs

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Roybal-Allard

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Solomon

Souder

Spence

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Talent

Tanner

Taylor (NC)

Thomas

Thornberry

Thurman

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—37

Bachus

Baker (LA)

Callahan

Cooley

de la Garza

Dicks

Dornan

Dunn

Everett

Hancock

Hastings (WA)

Hayes

Laughlin

Lincoln

Livingston

McCrery

McDermott

McIntosh

Metcalf

Montgomery

Nethercutt

Neumann

Ortiz

Parker