```

[Journal of the House of Representatives, 1995]
[Wednesday, October 18, 1995 (130), Para 130.10 Roll No. 719]
[Pages 1536-1546]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.130.10                  [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

[[Page 1537]]

     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 
     community-based 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

[[Page 1538]]

     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 Mid-Atlantic 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, large-
     scale 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

[[Page 1539]]

     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

[[Page 1540]]

     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

[[Page 1541]]

     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

[[Page 1542]]

     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

[[Page 1543]]

     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

[[Page 1544]]

       ``(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 Saltonstall-
     Kennedy 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

[[Page 1545]]

     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:

[[Page 1546]]

``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 one-fifth 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
```