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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 39 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 39

   To amend the Magnuson Fishery Conservation and Management Act to 
authorize appropriations, to provide for sustainable fisheries, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

Mr. Stevens (for himself, Mr. Kerry, and Mr. Murkowski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend the Magnuson Fishery Conservation and Management Act to 
authorize appropriations, to provide for sustainable fisheries, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sustainable 
Fisheries Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.
                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Amendment of the Magnuson Fishery Conservation and Management 
                            Act.
Sec. 102. Findings; purposes; policy.
Sec. 103. Definitions.
Sec. 104. Authorization of appropriations.
Sec. 105. Highly migratory species.
Sec. 106. Foreign fishing.
Sec. 107. Permits for foreign fishing.
Sec. 108. Large-scale driftnet fishing.
Sec. 109. National standards.
Sec. 110. Regional fishery management councils.
Sec. 111. Fishery management plans.
Sec. 112. Plan review and implementation.
Sec. 113. Ecosystem management.
Sec. 114. State jurisdiction.
Sec. 115. Prohibited acts.
Sec. 116. Civil penalties and permit sanctions.
Sec. 117. Enforcement.
Sec. 118. North Pacific fisheries conservation.
Sec. 119. Transition to sustainable fisheries.
               TITLE II--FISHERY MONITORING AND RESEARCH

Sec. 201. Change of title.
Sec. 202. Registration and data management.
Sec. 203. Data collection.
Sec. 204. Observers.
Sec. 205. Fisheries research.
Sec. 206. Incidental harvest research.
Sec. 207. Repeal.
Sec. 208. Clerical amendments.
             TITLE III--FISHERIES STOCK RECOVERY FINANCING

Sec. 301. Short title.
Sec. 302. Fisheries stock recovery refinancing.
Sec. 303. Federal financing bank relating to fishing vessels and 
                            fishery facilities.
Sec. 304. Fees for guaranteeing obligations.
Sec. 305. Sale of acquired collateral.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT 
              ACT.

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

SEC. 102. FINDINGS; PURPOSES; POLICY.

    Section 2 (16 U.S.C. 1801) is amended--
    (1) by striking subsection (a)(2) and inserting the following:
            ``(2) Certain stocks of fish have declined to the point 
        where their survival is threatened, and other stocks of fish 
        have been so substantially reduced in number that they could 
        become similarly threatened as a consequence of (A) increased 
        fishing pressure, (B) the inadequacy of fishery resource 
        conservation and management practices and controls, or (C) 
        direct and indirect habitat losses which have resulted in a 
        diminished capacity to support existing fishing levels.'';
            (2) by inserting ``to facilitate long-term protection of 
        essential fish habitats,'' in subsection (a)(6) after 
        ``conservation,'';
            (3) by adding at the end of subsection (a) the following:
            ``(9) One of the greatest long-term threats to the 
        viability of commercial and recreational fisheries is the 
        continuing loss of marine, estuarine, and other aquatic 
        habitats on a national level. Habitat considerations should 
        receive increased attention for the conservation and management 
        of fishery resources of the United States.'';
            (4) by inserting ``in a non-wasteful manner'' in subsection 
        (b)(6) after ``such development''; and
            (5) by adding at the end of subsection (b) the following:
            ``(7) to promote the protection of essential fish habitat 
        in the review of projects conducted under Federal permits, 
        licenses, or other authorities that affect or have the 
        potential to affect such habitat.''.

SEC. 103. DEFINITIONS.

    Section 3 (16 U.S.C. 1802) is amended--
            (1) by redesignating paragraphs (2) through (32) as 
        paragraphs (3) through (33) respectively, and inserting after 
        paragraph (1) the following:
            ``(2) The term `bycatch' means fish which are harvested by 
        a fishing vessel, but which are not sold or kept for personal 
        use, including, but not limited to, economic and regulatory 
        discards.'';
            (2) by redesignating paragraphs (7) through (33) (as 
        redesignated) as paragraphs (9) through (35), respectively, and 
        inserting after paragraph (6) (as redesignated) the following:
            ``(7) 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.
            ``(8) The term `essential fish habitat' means any area 
        essential to the life cycle of a stock of fish, or to the 
        production of maximum sustainable yield of one or more 
        fisheries managed under this Act.'';
            (3) by redesignating paragraphs (12) through (35) (as 
        redesignated) as paragraphs (13) through (36), respectively, 
        and inserting after paragraph (11) (as redesignated) the 
        following:
            ``(12) The term `fishery dependent community' means a 
        community which is substantially dependent on the harvest of 
        fishery resources to meet social and economic needs.'';
            (4) by redesignating paragraphs (19) through (36) (as 
        redesignated) as paragraphs (20) through (37), respectively, 
        and inserting after paragraph (18) (as redesignated) the 
        following:
            ``(19) The term `individual transferable quota' means a 
        revocable Federal authorization to harvest or process a 
        quantity of fish under a unit or quota share that represents a 
        percentage of the total allowable catch of a stock of fish, 
        that may be received or held by a specific person or persons 
        for their exclusive use, and that may be transferred in whole 
        or in part by the holder to another person or persons for their 
        exclusive use.'';
            (5) by redesignating paragraphs (22) through (37) (as 
        redesignated) as paragraphs (23) through (38), respectively, 
        and inserting after paragraph (21) (as redesignated) the 
        following:
            ``(22) The term `limited access system' means any system 
        for controlling fishing effort which includes such measures as 
        license limitations, individual transferable quotas, and non-
        transferable quotas.'';
            (6) by striking ``Pacific Marine Fisheries Commission'' in 
        paragraph (23), as redesignated, and inserting ``Pacific States 
        Marine Fisheries Commission'';
            (7) by striking paragraph (27), as redesignated, and 
        inserting the following:
            ``(27) The term `optimum', with respect to the yield from a 
        fishery, means the amount of fish which--
                    ``(A) will provide the greatest overall benefit to 
                the Nation, with particular reference to food 
                production and recreational opportunities, and taking 
                into account the protection of marine ecosystems;
                    ``(B) is prescribed on the basis of the maximum 
                sustainable yield from a fishery, as modified by any 
                relevant social, economic, or ecological factor; and
                    ``(C) provides for the rebuilding of an overfished 
                fishery to a level consistent with producing the 
                maximum sustainable yield.'';
            (8) by redesignating paragraphs (28) through (38) (as 
        redesignated) as paragraphs (29) through (39), respectively, 
        and inserting after paragraph (27) (as redesignated) the 
        following:
            ``(28) The terms `overfishing' and `overfished' mean a 
        level or rate of fishing mortality that jeopardizes the 
        capacity of a fishery to produce the maximum sustainable yield 
        on a continuing basis.'';
            (9) by redesignating paragraphs (30) through (39) (as 
        redesignated) as paragraphs (31) through (40), respectively, 
        and inserting after paragraph (29) (as redesignated) the 
        following:
            ``(30) 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.'';
            (10) 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'' in 
        paragraph (38), as redesignated, and inserting ``regulated 
        under this Act''; and
            (11) by redesignating paragraph (40), as redesignated, as 
        (41), and inserting after paragraph (39) the following:
            ``(40) The term `vessel subject to the jurisdiction of the 
        United States' has the same meaning as in section 3(c) of the 
        Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    The Act is amended by inserting after section 3 the following:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary for the 
purposes of carrying out the provisions of this Act, not to exceed the 
following sums (of which 15 percent in each fiscal year shall be used 
for enforcement activities):
            ``(1) $102,000,000 for fiscal year 1993;
            ``(2) $106,000,000 for fiscal year 1994;
            ``(3) $143,000,000 for fiscal year 1995;
            ``(4) $147,000,000 for fiscal year 1996;
            ``(5) $151,000,000 for fiscal year 1997;
            ``(6) $155,000,000 for fiscal year 1998; and
            ``(7) $159,000,000 for fiscal year 1999.''.

SEC. 105. HIGHLY MIGRATORY SPECIES.

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

SEC. 106. FOREIGN FISHING.

    Section 201 (16 U.S.C. 1821) is amended--
            (1) by inserting a comma and ``or is approved under section 
        204(b)(6)(A)(ii)'' before the semicolon in subsection (a)(1);
            (2) by striking ``(g)'' in subsection (a)(2) and inserting 
        ``(f)'';
            (3) by striking ``(i)'' in subsection (c)(2)(D) and 
        inserting ``(h)'';
            (4) by striking ``, including any regulations promulgated 
        to implement any applicable fishery management plan or any 
        preliminary fishery management plan'' in subsection (c); and
            (5) by striking subsection (f) and redesignating 
        subsections (g), (h), (i), and (j) as (f), (g), (h), and (i), 
        respectively.

SEC. 107. PERMITS FOR FOREIGN FISHING.

    (a) So much of section 204(b) (16 U.S.C. 1824(b)) as precedes 
paragraph (2) is amended to read as follows:
    ``(b) Applications and Permits.--
            ``(1) Eligibility.--
                    ``(A) Each foreign nation with which the United 
                States has entered into a governing international 
                fishery agreement shall submit an application to the 
                Secretary of State each year for a permit for each of 
                its fishing vessels that wishes to engage in fishing 
                described in subsection (a).
                    ``(B) An owner of a vessel, other than a vessel of 
                the United States, who wishes to engage in the 
                transshipment at sea of fish products in the exclusive 
                economic zone or within the boundary of any State, may 
                submit an application to the Secretary each year for a 
                permit for a vessel belonging to that owner, whether or 
                not such vessel is subject to an international fishery 
                agreement described in section 201(b) or (c).
                    ``(C) No permit issued under this section may be 
                valid for longer than a year. Section 558(c) of title 
                5, United States Code, does not apply to the renewal of 
                any such permit.''.
    (b) Section 204(b)(4) (16 U.S.C. 1824(b)(4)) is amended--
            (1) by inserting ``(A)'' after the caption;
            (2) by inserting ``submitted under paragraph (1)(A)'' after 
        ``any application'';
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
            (4) by inserting at the end thereof the following:
                    ``(B) Upon receipt of any application submitted 
                under paragraph (1)(B) which complies with the 
                requirements of paragraph (3), the Secretary shall 
                promptly transmit copies of the application or summary 
                as indicated under subparagraphs (A)(ii) and (iii), and 
                shall also promptly transmit such application or 
                summary to States bordering the exclusive economic zone 
                where such transshipment is proposed to occur.''.
    (c) Section 204(b)(5) (16 U.S.C. 1824(b)(5)) is amended by striking 
``under paragraph (4)(C)'' and inserting ``submitted under paragraph 
(1)''.
    (d) Section 204(b)(6) (16 U.S.C. 1824(b)(6)) is amended--
            (1) by striking ``transmitted under paragraph (4)(A)'' in 
        subparagraph (A) and inserting ``submitted under paragraph 
        (1)(A)'';
            (2) by inserting ``(i)'' before ``After'' in subparagraph 
        (A); and
            (3) by inserting before subparagraph (B) the following:
                            ``(ii) In the case of any application 
                        submitted under paragraph (1)(B), the 
                        Secretary, after taking into consideration any 
                        comments submitted by the Council under 
                        paragraph (5) or any affected State, may 
                        approve the application upon determining that 
                        the activity described in the application will 
                        be in the interest of the United States and 
                        will meet the applicable requirements of this 
                        Act, and that the owners or operators have 
                        agreed to comply with requirements set forth in 
                        section 201(c)(2) and have established any 
                        bonds or financial assurances that may be 
                        required by the Secretary; or the Secretary may 
                        disapprove all or any portion of the 
                        application.''.
    (e) Section 204(b)(8) (16 U.S.C. 1824(b)(8)) is amended--
            (1) by inserting a comma and ``or the agent for the foreign 
        vessel owner for any application submitted under paragraph 
        (1)(B)'' before the semicolon at the end of subparagraph (A); 
        and
            (2) by inserting ``and any affected State'' before the 
        period at the end of subparagraph (C).
    (f) Section 204(b)(9) (16 U.S.C. 1824(b)(9)) is amended--
            (1) by inserting ``paragraph (1)(A) of'' after ``by a 
        foreign nation under'';
            (2) by inserting ``(A)'' after the heading in paragraph 
        (9); and
            (3) by adding at the end thereof the following:
                    ``(B) If the Secretary does not approve any 
                application submitted by a foreign vessel owner under 
                paragraph (1)(B) of this subsection, the Secretary 
                shall promptly inform the vessel owner of the 
                disapproval and the reasons therefore. The owner, after 
                taking into consideration the reasons for disapproval, 
                may submit a revised application under this 
                subsection.''.
    (g) Section 204(b)(11) (16 U.S.C. 1824(b)(11)) is amended--
            (1) by inserting ``(A)'' after the paragraph heading,
            (2) by inserting ``submitting an application under 
        paragraph (1)(A)'' after ``If a foreign nation''; and
            (3) adding at the end thereof the following:
                    ``(B) If the vessel owner submitting an application 
                under paragraph (1)(B) notifies the Secretary of 
                acceptance of the conditions and restrictions 
                established by the Secretary under paragraph (7), and 
                upon payment of the applicable fees established 
                pursuant to paragraph (10) and confirmation of any 
                bonds or financial assurances that may be required for 
                such transshipment of fish, the Secretary shall 
                thereupon issue a permit for the vessel.''.
    (h) Section 204 (16 U.S.C. 1824) is amended by adding at the end 
thereof the following:
    ``(d) Prohibition on Permit Issuance.--Notwithstanding any other 
provision of this Act, the Secretary is prohibited from issuing, before 
December 1, 1999, any permit to authorize the catching, taking, or 
harvesting of Atlantic mackerel or Atlantic herring by foreign fishing 
vessels within the exclusive economic zone. This subsection shall not 
apply to permits to authorize foreign fish processing vessels to 
process Atlantic mackerel or Atlantic herring harvested by fishing 
vessels of the United States.''.

SEC. 108. LARGE-SCALE DRIFTNET FISHING.

    (a) Section 206(e) (16 U.S.C. 1826(e)) is amended by striking 
paragraphs (3) and (4), and redesignating paragraphs (5) and (6) as (3) 
and (4), respectively.
    (b) Section 206(f) (16 U.S.C. 1826(f)) is amended by striking 
``(6)'' and inserting ``(4)''.

SEC. 109. NATIONAL STANDARDS.

    (a) Paragraph (1) of section 301(a) (16 U.S.C. 1851(a)) is amended 
to read as follows:
            ``(1) Conservation and management measures shall prevent 
        overfishing and rebuild overfished fishery resources while 
        achieving, on a continuing basis, the optimum yield from each 
        fishery.''.
    (b) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by striking 
``promote'' and inserting ``consider''.
    (c) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding at the 
end thereof the following:
            ``(8) Conservation and management measures shall take into 
        account the importance of the harvest of fishery resources to 
        fishery dependent communities.''.

SEC. 110. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Section 302(a) (16 U.S.C. 1852(a)) is amended--
            (1) by inserting ``(1)'' after the subsection heading;
            (2) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (H);
            (3) by striking ``section 304(f)(3)'' wherever it appears 
        and inserting in lieu thereof ``paragraph (3)'';
            (4) by striking paragraph (1)(F), as redesignated, and 
        inserting the following:
                    ``(F) Pacific council.--The Pacific Fishery 
                Management Council shall consist of the States of 
                California, Oregon, Washington, and Idaho and shall 
                have authority over the fisheries in the Pacific Ocean 
                seaward of such States. The Pacific Council shall have 
                13 voting members, including 7 appointed by the 
                Secretary in accordance with subsection (b)(2) (at 
                least one of whom shall be appointed from each such 
                State), and including one appointed from an Indian 
                tribe with Federally recognized fishing rights from 
                California, Oregon, Washington, or Idaho in accordance 
                with subsection (b)(5).'';
            (5) by indenting the sentence at the end thereof and 
        inserting ``(2)'' in front of ``Each Council'', and by 
        inserting ``The Secretary shall establish the boundaries 
        between the geographical areas of authority of adjacent 
        Councils.'' after ``authority.''; and
            (6) by adding at the end the following:
            ``(3) The Secretary shall have authority over any highly 
        migratory species fishery that is within the geographical area 
        of authority of more than one of the following Councils: New 
        England Council, Mid-Atlantic Council, South Atlantic Council, 
        Gulf Council, and Caribbean Council.''.
    (b) Section 302(b) (16 U.S.C. 1852(b)) is amended--
            (1) by striking subparagraph (C) of subsection (b)(1) and 
        inserting the following:
                    ``(C) The members required to be appointed by the 
                Secretary in accordance with subsections (b)(2) and 
                (5).'';
            (2) by redesignating paragraph (5) as paragraph (6), and 
        inserting after paragraph (4) the following:
            ``(5)(A) The Secretary shall appoint to the Pacific Fishery 
        Management Council one representative of an Indian tribe with 
        Federally recognized fishing rights from California, Oregon, 
        Washington, or Idaho, from a list of not less than 3 
        individuals submitted by the tribal governments. The 
        representative shall serve for a term of 3 years and may not 
        serve more than 3 consecutive terms. The Secretary, in 
        consultation with the Secretary of the Interior and tribal 
        governments, shall establish by regulation the procedure for 
        submitting lists under this subparagraph.
            ``(B) Representation shall be rotated among the tribes 
        taking into consideration--
                     ``(i) the qualifications of the individuals on the 
                list referred to in subparagraph (A),
                     ``(ii) the various treaty rights of the Indian 
                tribes involved and judicial cases that set forth how 
                those rights are to be exercised, and
                     ``(iii) the geographic area in which the tribe of 
                the representative is located.
            ``(C) A vacancy occurring prior to the expiration of any 
        term shall be filled in the same manner set out in 
        subparagraphs (A) and (B), except that the Secretary may use 
        the list from which the vacating representative was chosen.''; 
        and,
            (3) by striking ``subsection (b)(2)'' in paragraph (6), as 
        redesignated, and inserting ``subsections (b)(2) and (5)''.
    (c) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding at the 
end the following:
            ``(5) At the request of any voting member of a Council, the 
        Council shall hold a roll call vote on any matter before the 
        Council. The official minutes and other appropriate records of 
        any Council meeting shall identify all roll call votes held, 
        the name of each voting member present during each roll call 
        vote, and how each member voted on each roll call vote.''.
    (d) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignating 
paragraph (4) as (5), and by inserting after paragraph (3) the 
following:
            ``(4) The Secretary shall establish advisory panels to 
        assist in--
                    ``(A) the collection and evaluation of information 
                relevant to the development of or amendment to any 
                fishery management plan under section 303(e)(2); and
                    ``(B) carrying out the purposes of section 
                303(f).''.
    (e) Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) by striking ``section 304(f)(3)'' in paragraphs (1) and 
        (5) and inserting ``subsection (a)(3)''; and
            (2) by striking ``204(b)(4)(C)'' in paragraph (2) and 
        inserting ``204(b)(4)(A)(iii)''.
    (f) Section 302(i) (16 U.S.C. 1852(i)) is amended to read as 
follows:
    ``(i) Negotiated Conservation and Management Measures.--
            ``(1) A Council may, in consultation with the Secretary, 
        establish a negotiation panel to assist in the development of 
        specific conservation and management measures for a fishery 
        under authority of such Council. In making the decision to 
        establish such panel, the Council shall consider whether--
                    ``(A) there are a finite number of identifiable 
                interests that will be significantly affected by the 
                development of such measures;
                    ``(B) there is a reasonable likelihood that a 
                negotiation panel can be convened with a balanced 
                representation of persons who--
                            ``(i) can adequately represent the 
                        interests identified under subparagraph (A); 
                        and
                            ``(ii) are willing to act in good faith to 
                        reach a consensus on the development of such 
                        measures;
                    ``(C) there is reasonable likelihood that a 
                negotiation panel will contribute to the development of 
                such measures within a fixed period of time; and
                    ``(D) the process under this subsection will not 
                unreasonably delay the development of any conservation 
                and management measure or its submission to the 
                Secretary.
            ``(2) If the Council decides to establish a negotiation 
        panel it shall notify all identifiable interests of its 
        intention to convene such panel at least 30 calendar days prior 
        to the appointment of members. Such notification shall be 
        published in accordance with subsection (j)(2)(C) of this 
        section and shall include--
                    ``(A) a description of the subject and scope of the 
                measures to be developed and the issues to be 
                considered;
                    ``(B) a list of interests likely to be 
                significantly affected by the measures to be developed;
                    ``(C) a list of the persons proposed to represent 
                such interests, the person or persons proposed to 
                represent the Council, and the person or persons 
                proposed to be nominated as facilitator;
                    ``(D) an explanation of how a person may apply or 
                nominate another person for membership on the 
                negotiation panel; and
                    ``(E) a proposed agenda and schedule for completing 
                the work of the negotiation panel.
            ``(3) No more than 45 calendar days after providing this 
        notification the Council shall make appointments to the 
        negotiation panel in such a manner as to achieve balanced 
        representation of all significant interests to the conservation 
        and management measures. Such interests shall include, where 
        appropriate, representatives from the fishing industry, 
        consumer groups, the scientific community, tribal 
        organizations, conservation organizations and other public 
        interest organizations, and Federal and State fishery managers.
            ``(4) Each negotiation panel established under this section 
        shall attempt to reach a consensus concerning specific 
        conservation and management measures and any other issue such 
        panel determines is relevant to such measures. The Council, to 
        the maximum extent possible consistent with its legal 
        obligations and the best scientific information available, will 
        use the consensus of the negotiation panel, with respect to 
        such measures, as the basis for the development of the 
        conservation and management measures to be adopted by the 
        Council for submission by the Council to the Secretary in 
        accordance with this Act.
            ``(5) The person or persons representing the Council on a 
        negotiation panel shall participate in the deliberations and 
        activities of such panel with the same rights and 
        responsibilities as other panel members.
            ``(6) Any facilitator nominated by the Council to a 
        negotiation panel must be approved by the panel by consensus. 
        If the panel does not approve a facilitator nominated by the 
        Council the panel shall select by consensus another person to 
        serve as facilitator. No person appointed by the Council to the 
        negotiation panel to represent any interest on the Council may 
        serve as facilitator or otherwise chair such panel.
            ``(7) A facilitator approved or selected by a negotiation 
        panel shall--
                    ``(A) chair the meetings of such panel in an 
                impartial manner;
                    ``(B) impartially assist the panel members in 
                conducting discussions and negotiations; and
                    ``(C) manage the keeping of any minutes or records, 
                (except that any personal notes and materials of the 
                facilitator or the panel members shall not be subject 
                to disclosure, except upon order of a court).
            ``(8) A negotiation panel may adopt any additional 
        procedures for the operation of the negotiation panel not in 
        conflict with those specified in this section.
            ``(9) At the conclusion of the negotiation process, if the 
        negotiation panel reaches a consensus on proposed conservation 
        and management measures, such panel shall transmit to the 
        Council, and present to the Council at the next scheduled 
        meeting of the Council, a report containing the proposed 
        conservation and management measures. If the negotiation panel 
        does not reach consensus on proposed conservation and 
        management measures, such panel shall transmit to the Council, 
        and present to the Council at the next scheduled meeting of the 
        Council, a report specifying its recommendations and describing 
        the areas in which the negotiation panel reached consensus and 
        the areas in which consensus was not achieved. The negotiation 
        panel may include in a report any other information or 
        materials that such panel considers appropriate. Any panel 
        member may include, as an addendum to the report, additional 
        information or materials.
            ``(10) A negotiation panel shall terminate upon transmittal 
        and presentation to the Council of the report required under 
        paragraph (9) unless the Council in consultation with the panel 
        specifies an alternative termination date.
            ``(11) For the purposes of this subsection--
                    ``(A) The term `negotiation panel' means an 
                advisory panel established by a Council under section 
                (g)(2) to assist in the development of specific 
                conservation and management measures through the 
                process established under this subsection.
                    ``(B) The term `consensus' means general but not 
                unanimous concurrence among the interests represented 
                unless such panel--
                            ``(i) agrees by consensus to define such 
                        term to mean a unanimous concurrence; or
                            ``(ii) agrees by consensus upon another 
                        specified definition.
                    ``(C) The term `facilitator' means a person 
                experienced or trained in group mediation and 
                negotiation who impartially aids in the discussions and 
                negotiations among the members of a negotiation panel.
                    ``(D) The term `interest' means, with respect to 
                this subsection, multiple persons or parties who have a 
                similar point of view or which are likely to be 
                affected in a similar manner.''.
    (g) Section 302(j) (16 U.S.C. 1852(j)) is amended--
            (1) by striking ``of the Councils'' in paragraph (1) and 
        inserting ``established under subsection (g)''; and
            (2) by striking ``of a Council:'' in paragraph (2) and 
        inserting ``established under subsection (g):''.
            (3) by adding the following at the end of paragraph (2)(C): 
        ``Interested persons may propose to modify the published agenda 
        of a meeting by submitting to a Council, panel or committee 
        within 14 calendar days of the published date of the meeting a 
        notice containing a written description of the proposed 
        modification signed by not less than two Council members.'';
            (4) by adding the following at the end of paragraph (2)(D): 
        ``All written data submitted to a Council by an interested 
        person shall include a statement of the source and date of such 
        information. Any oral or written statement shall include a 
        brief description of the qualifications and interests of the 
        person in the subject of the oral or written statement.'';
            (5) by amending paragraph (2)(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 statements filed, 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
            (6) by striking ``303(d)'' in paragraph (2)(F) and 
        inserting ``402(b)''.
    (g) Section 302(k) (16 U.S.C. 1852(k)) is amended--
            (1) by inserting ``and recusal'' in the subsection heading;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) For the purposes of this subsection--
                    ``(A) the term `affected individual' means an 
                individual who--
                            ``(i) is nominated by the Governor of a 
                        State for appointment as a voting member of a 
                        Council in accordance with subsection (b)(2); 
                        or
                            ``(ii) is a voting member of a Council 
                        appointed under subsection (b)(2); and
                    ``(B) the term `designated official' means a person 
                with expertise in Federal conflict-of-interest 
                requirements who is designated by the Secretary, with 
                the concurrence of a majority of the voting members of 
                the Council, to attend Council meetings and make 
                determinations under paragraph (7)(B).'';
            (3) by striking ``(1)(A)'' in paragraph (3)(A) and 
        inserting ``(1)(A)(i)'';
            (4) by striking ``(1)(B) or (C)'' in paragraph (3)(B) and 
        inserting ``(1)(A)(ii)'';
            (5) by striking ``(1)(B) or (C)'' in paragraph (4) and 
        inserting ``(1)(A)(ii)'';
            (6)(A) by striking ``and'' at the end of paragraph (5)(A);
            (B) by striking the period at the end of paragraph (5)(B) 
        and inserting a semicolon and the word ``and''; and
            (C) by adding at the end of paragraph (5) the following:
                    ``(C) be kept on file by the Secretary for use in 
                reviewing determinations under paragraph (7)(B) and 
                made available for public inspection at reasonable 
                hours.'';
            (7) by striking ``(1)(B) or (C)'' in paragraph (6) and 
        inserting ``(1)(A)(ii)'';
            (8) by redesignating paragraph (7) as (8) and inserting 
        after paragraph (6) the following:
            ``(7)(A) An affected individual required to disclose a 
        financial interest under paragraph (2) shall not vote on a 
        Council decision which would have a significant and predictable 
        effect on such financial interest. A Council decision shall be 
        considered to have a significant and predictable effect on a 
        financial interest if there is a close causal link between the 
        Council decision and an expected and disproportionate benefit, 
        shared only by a minority of persons within the same industry 
        sector or gear group, to the financial interest. An affected 
        individual who may not vote may participate in Council 
        deliberations relating to the decision after notifying the 
        Council of the voting recusal and identifying the financial 
        interest that would be affected.
            ``(B) At the request of an affected individual, or at the 
        initiative of the appropriate designated official, the 
        designated official shall make a determination for the record 
        whether a Council decision would have a significant and 
        predictable effect on a financial interest.
            ``(C) Any Council member may submit a written request to 
        the Secretary to review any determination by the designated 
        official under subparagraph (B) within 10 days of such 
        determination. Such review shall be completed within 30 days of 
        receipt of the request.
            ``(D) Any affected individual who does not participate in a 
        Council decision in accordance with this subsection shall state 
        for the record how he or she would have voted on such decision 
        if he or she had voted.
            ``(E) If the Council makes a decision before the Secretary 
        has reviewed a determination under subparagraph (C), the 
        eventual ruling may not be treated as cause for the 
        invalidation or reconsideration by the Secretary of such 
        decision.
            ``(F) No later than December 1, 1995, the Secretary, in 
        consultation with the Councils, shall issue guidelines with 
        respect to voting recusals under subparagraph (A) and the 
        making of determinations under subparagraph (B).''; and
            (9) by striking ``(1)(B) or (C)'' in paragraph (8), as 
        redesignated, and inserting ``(1)(A)(ii)''.

SEC. 111. FISHERY MANAGEMENT PLANS.

    (a) Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) consider and provide for, after consultation with the 
        Coast Guard and persons participating in the fishery and to the 
        extent practicable without adversely affecting conservation 
        efforts in other fisheries or discriminating among participants 
        in the affected fishery--
                    ``(A) safety of life and property at sea;
                    ``(B) temporary adjustments regarding access to the 
                fishery for vessels otherwise prevented from harvesting 
                because of weather or other ocean conditions affecting 
                the safe conduct of the fishery; and
                    ``(C) effective enforcement measures (including an 
                estimate of the resources necessary for such 
                measures).'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) facilitate the protection of essential fish habitat 
        by--
                    ``(A) summarizing available information on the 
                significance of such habitat to the fishery and the 
                effects of changes to such habitat on the fishery; and
                    ``(B) identifying Federal actions that should be 
                considered to promote the long-term protection of 
                essential fish habitats.'';
            (3) by striking ``and'' at the end of paragraph (8);
            (4) by striking the period at the end of paragraph (9) and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(10) specify objective and measurable criteria for 
        classifying when the fishery to which the plan applies would be 
        or is overfished, with an analysis of how the criteria were 
        determined and the relationship of the criteria to the 
        reproductive potential of stocks of fish in that fishery;
            ``(11) assess the level of bycatch occurring in the 
        fishery, and to the extent practicable, assess and specify the 
        effect of the fishery on stocks of fish to which the plan does 
        not apply, but which are associated with the ecosystem of the 
        fishery; and
            ``(12) to the extent practicable, minimize mortality caused 
        by economic and regulatory discards in the fishery.''.
    (b) Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if--
                    ``(A) in developing such system, the Council and 
                the Secretary take into account present participation 
                in the fishery, historical fishing practices in and 
                dependence on the fishery, the economics of the 
                fishery, the capability of fishing vessels used in the 
                fishery to engage in other fisheries, the cultural and 
                social framework relevant to the fishery and fishery 
                dependent communities, and any other relevant 
                considerations; and
                    ``(B) in the case of any system that provides for 
                individual transferable quotas, such system also 
                complies with the guidelines and fee requirements 
                established under section 303(f);''; and
            (2) by striking ``and'' at the end of paragraph (9);
            (3) by striking the period at the end of paragraph (10) and 
        inserting a semicolon and ``and''; and
            (4) by adding at the end the following:
            ``(11) include, consistent with the other provisions of 
        this Act, conservation and management measures that provide a 
        harvest preference or other incentives for fishing vessels 
        within each gear group that employ fishing practices resulting 
        in lower levels of bycatch.''.
    (c) Section 303 (16 U.S.C. 1853) is amended by striking subsection 
(c) and all thereafter and inserting the following:
    ``(c) Regulations to Implement a Fishery Management Plan.--Proposed 
regulations which the Council deems necessary or appropriate for the 
purposes of implementing a fishery management plan or amendment to a 
plan may be submitted to the Secretary for action under section 304--
            ``(1) simultaneously with submission of the plan or 
        amendment to the Secretary for action under section 304; or
            ``(2) at any time after the plan or amendment is approved.
    ``(d) Fisheries Under Authority of More Than One Council.--
            ``(1) Except as provided in section 302(a)(3), if any 
        fishery extends beyond the geographical area of authority of 
        any one Council, the Secretary may--
                    ``(A) designate which Council shall prepare the 
                fishery management plan for such fishery and any 
                amendment to such plan, as well as any proposed 
                regulations for such fishery; or
                    ``(B) require that the plan, amendment, and 
                proposed regulations be prepared jointly by the 
                Councils concerned.
            ``(2) No jointly prepared fishery management plan, 
        amendment, or proposed regulations may be submitted to the 
        Secretary unless approved by a majority of the voting members, 
        present and voting, of each Council concerned.
    ``(e) Preparation by the Secretary.--
            ``(1) The Secretary shall prepare a fishery management plan 
        with respect to any fishery (other than a fishery to which 
        section 302(a)(3) applies), or any amendment to any such plan, 
        in accordance with the national standards, the other provisions 
        of this Act, and any other applicable law, if--
                    ``(A) the appropriate Council fails to develop and 
                submit to the Secretary, after a reasonable period of 
                time, a fishery management plan for such fishery, or 
                any necessary amendment to such plan, if such fishery 
                requires conservation and management and the Secretary 
                provides written notice to the Council of the need for 
                such conservation and management;
                    ``(B) the Secretary disapproves or partially 
                disapproves any such plan or amendment, or disapproves 
                a revised plan or amendment, and the Council involved 
                fails, after a reasonable period of time, to take final 
                action on a revised or further revised plan or 
                amendment, as the case may be; or
                    ``(C) the Secretary determines that the appropriate 
                Council has failed to take sufficient action on a 
                fishery management plan, a plan amendment or proposed 
                regulations to rebuild an overfished fishery pursuant 
                to section 305(b) within 1 year after determining that 
                such fishery is overfished.
            ``(2) The Secretary shall prepare a fishery management plan 
        with respect to any highly migratory species fishery to which 
        section 302(a)(3) applies that requires conservation and 
        management, or any amendment to any such plan, in accordance 
        with the national standards, the other provisions of this Act, 
        and any other applicable law. In preparing and implementing any 
        such plan or amendment, the Secretary shall--
                    ``(A) conduct public hearings, at appropriate times 
                and in appropriate locations in the geographical areas 
                concerned, so as to allow interested persons an 
                opportunity to be heard in the preparation and 
                amendment of the plan and any regulations implementing 
                the plan;
                    ``(B) consult with and consider the comments and 
                views of affected Councils, as well as commissioners 
                and advisory groups appointed under Acts implementing 
                relevant international fishery agreements pertaining to 
                highly migratory species;
                    ``(C) establish an advisory panel under section 
                302(g) for each fishery management plan to be prepared 
                under this paragraph, which shall consist of a balanced 
                number of representatives (but not less than 7) who are 
                knowledgeable and experienced with respect to the 
                fishery concerned selected from among members of 
                advisory groups appointed under Acts implementing 
                relevant international fishery agreements pertaining to 
                highly migratory species and other interested parties;
                    ``(D) evaluate the likely effects, if any, of 
                conservation and management measures on participants in 
                the affected fisheries and minimize, to the extent 
                practicable, any disadvantage to United States 
                fishermen in relation to foreign competitors;
                    ``(E) with respect to a highly migratory species 
                for which the United States is authorized to harvest an 
                allocation or quota or fishing mortality level under a 
                relevant international fishery agreement, provide 
                fishing vessels of the United States with a reasonable 
                opportunity to harvest such allocation, quota, or 
                fishing mortality level;
                    ``(F) review, on a continuing basis (and promptly 
                whenever a recommendation pertaining to fishing for 
                highly migratory species has been made under a relevant 
                international fishery agreement), and revise as 
                appropriate, the conservation and management measures 
                included in the plan;
                    ``(G) diligently pursue, through international 
                entities (such as the International Commission for the 
                Conservation of Atlantic Tunas), comparable 
                international fishery management measures with respect 
                to fishing for highly migratory species; and
                    ``(H) ensure that conservation and management 
                measures adopted under this paragraph--
                            ``(i) promote international conservation of 
                        the affected fishery;
                            ``(ii) take into consideration traditional 
                        fishing patterns of fishing vessels of the 
                        United States and the operating requirements of 
                        the fisheries; and
                            ``(iii) are fair and equitable in 
                        allocating fishing privileges among United 
                        States fishermen and not have economic 
                        allocation as the sole purpose.
            ``(3) In preparing any plan or amendment under this 
        subsection, the Secretary shall consult with the Secretary of 
        State with respect to foreign fishing and with the Secretary of 
        the department in which the Coast Guard is operating with 
        respect to enforcement at sea.
            ``(4) The Secretary may not include in any fishery 
        management plan, or any amendment to any such plan, prepared by 
        the Secretary under paragraph (1), a provision establishing a 
        limited access system, unless such system is first approved by 
        a majority of the voting members of each appropriate Council.
    ``(f) Individual Transferable Quotas.--
            ``(1) The Secretary may not approve a fishery management 
        plan that includes individual transferable quotas until the 
        Secretary has promulgated guidelines under paragraph (2). 
        Thereafter, the Secretary may approve a fishery management plan 
        or amendment that includes individual transferable quotas only 
        if the plan or amendment is consistent with the guidelines 
        promulgated under paragraph (2).
            ``(2) The Secretary shall promulgate, after consultation 
        with the Councils and public notice and comment, mandatory 
        guidelines for the establishment of any individual transferable 
        quota system. The guidelines shall--
                    ``(A) ensure that any individual transferable quota 
                system--
                            ``(i) is consistent with the requirements 
                        for limited access systems under section 
                        303(b)(6),
                            ``(ii) promotes conservation,
                            ``(iii) requires collection of fees from 
                        holders of individual transferable quotas under 
                        section 304(f)(2),
                            ``(iv) provides for the fair and equitable 
                        allocation of fishing privileges, and minimizes 
                        negative social and economic impacts on fishery 
                        dependent communities;
                            ``(v) establishes a national lien registry 
                        system for the identification, perfection, 
                        determination of lien priorities, and 
                        nonjudicial foreclosure of encumbrances or 
                        individual transferable quotas; and
                            ``(vi) facilitates a reduction in excessive 
                        fishing capacity in the fishery;
                    ``(B) address the characteristics of fisheries that 
                are relevant to the design of suitable individual 
                transferable quota systems, the nature and extent of 
                the privilege established under an individual 
                transferable quota system, factors in making initial 
                allocations and determining eligibility for ownership 
                of individual transferable quotas, limitations on the 
                consolidation of individual transferable quotas, and 
                methods of providing for new entrants, including, in 
                fisheries where appropriate, mechanisms to provide a 
                portion of the annual harvest for entry-level fishermen 
                or small vessel owners who do not hold individual 
                transferable quotas;
                    ``(C) provide for effective monitoring and 
                enforcement of individual transferable quota systems, 
                including providing for the inspection of fish 
                harvested under such systems before the fish is 
                transported beyond the geographic area under a 
                Council's jurisdiction or the jurisdiction of the 
                United States;
                    ``(D) provide for appropriate penalties for 
                violations of individual transferable quota systems, 
                including the revocation of individual transferable 
                quotas for such violations; and
                    ``(E) include recommendations for potential 
                management options related to individual transferable 
                quotas, including the authorization of individual units 
                or 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 transferable or nontransferable units or 
                quotas.
            ``(3) Any fishery management plan which includes individual 
        transferable quotas that the Secretary approved on or before 
        the date of enactment of the Sustainable Fisheries Act shall be 
        amended within 3 years after that date to be consistent with 
        this subsection and any other applicable provisions of this 
        Act.
            ``(4) No later than 60 days after the date of enactment of 
        the Sustainable Fisheries Act, the Secretary shall establish an 
        advisory panel on individual transferable quotas under section 
        302(g)(3) which shall be comprised of fishery scientists and 
        representatives of the Councils, representatives of affected 
        States and fishery dependent communities, fishery participants 
        and conservation organizations. Such advisory panel shall 
        provide recommendations on the guidelines required under 
        paragraph (2), a list of all United States fisheries that may 
        be suited for the development of limited access systems that 
        include individual transferable quotas, and other information 
        as the Secretary or the advisory panel deem appropriate.
            ``(5) An individual transferable quota does not constitute 
        a property right. Nothing in this section or in any other 
        provision of law shall be construed to limit the authority of 
        the Secretary to terminate or limit such individual 
        transferable quota at any time and without compensation to the 
        holder of such quota. The term `holder of an individual 
        transferable quota' includes (A) fishing vessel owners, 
        fishermen, crew members or other citizens of the United States, 
        and (B) United States fish processors.''.

SEC. 112. PLAN REVIEW AND IMPLEMENTATION.

    Section 304 (16 U.S.C. 1854) is amended to read as follows:

``SEC. 304. PLAN REVIEW AND IMPLEMENTATION.

    ``(a) Action by the Secretary After Receipt of Plan.--
            ``(1) Upon transmittal by the Council to the Secretary of a 
        fishery management plan, or amendment to such plan, the 
        Secretary shall--
                    ``(A) immediately commence a review of the 
                management plan or amendment to determine whether it is 
                consistent with the national standards, the other 
                provisions of this Act, and any other applicable law; 
                and
                    ``(B) immediately publish in the Federal Register a 
                notice stating that the plan or amendment is available 
                and that written data, views, or comments of interested 
                persons on the document or amendment may be submitted 
                to the Secretary during the 60-day period beginning on 
                the date the notice is published.
            ``(2) In undertaking the review required under paragraph 
        (1), the Secretary shall--
                    ``(A) take into account the data, views, and 
                comments received from interested persons;
                    ``(B) consult with the Secretary of State with 
                respect to foreign fishing; and
                    ``(C) consult with the Secretary of the department 
                in which the Coast Guard is operating with respect to 
                enforcement at sea and to fishery access adjustments 
                referred to in section 303(a)(6).
            ``(3) The Secretary shall approve, disapprove, or partially 
        approve a plan or amendment within 30 days of the end of the 
        comment period under paragraph (1) by written notice to the 
        Council. A notice of disapproval or partial approval shall 
        specify--
                    ``(A) the applicable law with which the plan or 
                amendment is inconsistent;
                    ``(B) the nature of such inconsistencies; and
                    ``(C) recommendations concerning the actions that 
                could be taken by the Council to conform such plan or 
                amendment to the requirements of applicable law.
            ``(4) If the Secretary disapproves or partially approves a 
        plan or amendment, the Council may submit a revised plan or 
        amendment to the Secretary for review under this subsection.
    ``(b) Action on Regulations.--
            ``(1) Upon transmittal by the Council to the Secretary of 
        proposed regulations prepared under section 303(c), the 
        Secretary shall immediately initiate an evaluation of the 
        proposed regulations to determine whether they are consistent 
        with the fishery management plan, this Act and other applicable 
        law. Within 15 days of initiating such evaluation the Secretary 
        shall make a determination and--
                    ``(A) if that determination is affirmative, the 
                Secretary shall publish such regulations, with such 
                technical changes as may be necessary for clarity and 
                an explanation of those changes, in the Federal 
                Register for a public comment period of 15 to 60 days; 
                or
                    ``(B) if that determination is negative, the 
                Secretary shall notify the Council in writing of the 
                inconsistencies and provide recommendations on 
                revisions that would make the proposed regulations 
                consistent with the fishery management plan, this Act, 
                and other applicable law.
            ``(2) Upon receiving a notification under paragraph (1)(B), 
        the Council may revise the proposed regulations and submit them 
        to the Secretary for reevaluation under paragraph (1).
            ``(3) The Secretary shall promulgate final regulations 
        within 30 days after the end of the comment period under 
        paragraph (1)(A). The Secretary shall consult with the Council 
        before making any revisions to the proposed regulations, and 
        must publish in the Federal Register an explanation of any 
        differences between the proposed and final regulations.
    ``(c) Definition.-- For purposes of subsections (a) and (b), the 
term `immediately' means on or before the 5th day after the day on 
which a Council transmits to the Secretary a plan, amendment, or 
proposed regulation that the Council characterizes as final.
    ``(d) Secretarial Plan Review.--
            ``(1)(A) Whenever, under section 303(e), the Secretary 
        prepares a fishery management plan or amendment, the Secretary 
        shall immediately--
                    ``(i) for a plan or amendment prepared under 
                section 303(e)(1), submit such plan or amendment to the 
                appropriate Council for consideration and comment; and
                    ``(ii) publish in the Federal Register a notice 
                stating that the plan or amendment is available and 
                that written data, views, or comments of interested 
                persons on the plan or amendment may be submitted to 
                the Secretary during the 60-day period beginning on the 
                date the notice is published.
            ``(B) Whenever a plan or amendment is submitted under 
        subsection (1)(A)(i), the appropriate Council must submit its 
        comments and recommendations, if any, regarding the plan or 
        amendment to the Secretary before the close of the 60-day 
        period referred to in subparagraph (A)(ii). After the close of 
        such 60-day period, the Secretary, after taking into account 
        any such comments and recommendations, as well as any views, 
        data, or comments submitted under subparagraph (A)(ii), may 
        adopt such plan or amendment.
            ``(2) The Secretary may propose regulations in the Federal 
        Register to implement any plan or amendment prepared by the 
        Secretary. The comment period on proposed regulations shall be 
        60 days, except that the Secretary may shorten the comment 
        period on minor revisions to existing regulations.
            ``(3) The Secretary shall promulgate final regulations 
        within 30 days after the end of the comment period under 
        paragraph (3). The Secretary must publish in the Federal 
        Register an explanation of any substantive differences between 
        the proposed and final rules. All final regulations must be 
        consistent with the plan, with the national standards and other 
        provisions of this Act, and with any other applicable law.
    ``(e) Judicial Review.--
            ``(1) Regulations promulgated by the Secretary under this 
        Act and actions described in paragraph (2) shall be subject to 
        judicial review to the extent authorized by, and in accordance 
        with, chapter 7 of title 5, United States Code, if a complaint 
        for such review is filed within 30 days after the date on which 
        the regulations are promulgated or the action is published in 
        the Federal Register, as applicable; except that--
                    ``(A) section 705 of such title is not applicable, 
                and
                    ``(B) the appropriate court shall only set aside 
                any such regulation or action on a ground specified in 
                section 706(2)(A), (B), (C), or (D) of such title.
            ``(2) The actions referred to in paragraph (1) are actions 
        that are taken by the Secretary under regulations which 
        implement a fishery management plan, including but not limited 
        to actions that establish the date of closure of a fishery to 
        commercial or recreational fishing.
            ``(3) (A) Notwithstanding any other provision of law, the 
        Secretary shall file a response to any complaint filed in 
        accordance with paragraph (1) not later than 45 days after the 
        date the Secretary is served with that complaint, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            ``(B) A response of the Secretary under this paragraph 
        shall include a copy of the administrative record for the 
        regulations that are the subject of the petition.
            ``(4) Upon a motion by the person who files a complaint 
        under this subsection, the appropriate court shall assign the 
        matter for hearing at the earliest possible date and shall 
        expedite the matter in every possible way.
    ``(f) Establishment of Fees.--
            ``(1) The Secretary shall by regulation establish the level 
        of any fees that are authorized to be charged pursuant to 
        section 303(b)(1). The Secretary may enter into a cooperative 
        agreement with the States concerned under which the States 
        administer the permit system and the agreement may provide that 
        all or part of the fees collected under the system shall accrue 
        to the States. The level of fees charged under this paragraph 
        shall not exceed the administrative costs incurred in issuing 
        the permits.
            ``(2)(A) Notwithstanding paragraph (1), the Secretary shall 
        collect a fee from each person holding an individual 
        transferable quota pursuant to a limited access system 
        established under section 303(b)(6). Fees assessed under this 
        paragraph shall be sufficient to recover the cost of managing 
        the fishery to which the quota applies, including reasonable 
        costs for salaries, training, data analysis and other costs 
        directly related to fishery management and enforcement, up to--
                    ``(i) four percent annually of the value of fish 
                harvested or processed in that year under the 
                individual transferable quota; and
                    ``(ii) an additional 1 percent of the value of fish 
                authorized to be harvested or processed for that year 
                under the individual transferable quota to be assessed 
                on a person receiving an initial quota or transferring 
                a quota.
            ``(B) The Secretary, in consultation with the Councils, 
        shall promulgate regulations, prescribing the method of 
        determining the value of fish authorized to be taken, the 
        amount of each fee, and the method of collecting fees. Fees 
        collected under this paragraph shall meet the requirements of 
        section 9701(b) of title 31, United States Code. Fees collected 
        under this paragraph shall be an offsetting collection and 
        shall be available only to the Secretary for the purposes of 
        administering and implementing this Act in the region in which 
        the fees were collected.
            ``(C) Persons holding individual transferable quota 
        pursuant to limited access systems established in the surf clam 
        and ocean quahog fishery or in the wreckfish fishery are exempt 
        from the collection of fees under this paragraph for a period 
        ending 5 years after the date of enactment of the Sustainable 
        Fisheries Act.
    ``(g) Effect of Certain Laws on Certain Time Requirements.--The 
Secretary shall comply with any applicable provisions of chapter 35 of 
title 44, United States Code, chapter 6 of title 5, United States Code, 
and Executive Order Numbered 12866, dated September 30, 1993, within 
the time limitations specified in subsections (a) and (b).
    ``(h) Responsibility of the Secretary.--The Secretary shall have 
general responsibility to carry out the provisions of this Act. The 
Secretary may promulgate such regulations, in accordance with section 
553 of title 5, United States Code, as may be necessary to discharge 
such responsibility.''.

SEC. 113. ECOSYSTEM MANAGEMENT.

    Section 305 (16 U.S.C. 1855) is amended to read as follows:

``SEC. 305. ECOSYSTEM MANAGEMENT.

    ``(a) Report on Status of Fisheries.--The Secretary shall report 
annually to the Congress and the Councils on the status of fisheries 
within each Council's geographical area of authority and identify those 
fisheries that are approaching a condition of being overfished or are 
overfished. For those fisheries managed under a fishery management 
plan, the status shall be assessed using the criteria for overfishing 
specified by the appropriate Council under section 303(a)(10). A 
fishery shall be classified as approaching a condition of being 
overfished if, based on trends in fishing effort, fishery resource 
size, and other appropriate factors, the Secretary estimates that the 
fishery will become overfished within 2 years. Any fishery determined 
to be a commercial fishery failure under section 316, shall be deemed 
to be overfished for the purposes of subsections (a) and (b).
    ``(b) Fishery Recovery Effort.--
            ``(1) The Council shall take immediate action to prepare a 
        fishery management plan, a plan amendment, or proposed 
        regulations for fisheries under such Council's authority--
                    ``(A) to prevent overfishing of a fishery from 
                occurring whenever such fishery is classified under 
                subsection (a) as approaching an overfished condition, 
                or
                    ``(B) to stop overfishing of a fishery whenever 
                such fishery is classified under subsection (a) as 
                overfished, and to rebuild affected stocks of fish.
            ``(2) The Council shall submit a fishery management plan, 
        amendment or proposed regulations required under paragraph (1) 
        to the Secretary within 1 year from the date of transmittal of 
        the report on the status of stocks under subsection (a). For a 
        fishery that is overfished, such fishery management plan, 
        amendment or proposed regulations shall specify a time period 
        for stopping overfishing and rebuilding the fishery. The time 
        period shall be as short as possible, taking into account the 
        status and biology of the overfished stock of fish, the needs 
        of fishery-dependent communities, and the interaction of the 
        overfished stock of fish within the marine ecosystem. The time 
        period may not be more than 10 years, except under 
        extraordinary circumstances.
            ``(3) During the development of a fishery management plan, 
        a plan amendment, or proposed regulations under this 
        subsection, the Council may request that the Secretary 
        promulgate emergency regulations under subsection (e)(2) to 
        reduce overfishing. Any request by the Council under this 
        paragraph shall be deemed an emergency.
    ``(c) Fish Habitat.--
            ``(1) The Secretary, in cooperation with the Councils and 
        the Secretary of the Interior, after notice and public comment, 
        shall identify the essential fish habitat for each fishery for 
        which a fishery management plan is in effect. The 
        identification shall be based on the description of essential 
        fish habitat contained in the plan.
            ``(2) Each Council--
                    ``(A) may comment on and make recommendations 
                concerning any activity undertaken, or proposed to be 
                undertaken, by any Federal or State agency that, in the 
                view of the Council, may have an adverse effect on 
                essential fish habitat of a fishery under its 
                authority; and
                    ``(B) shall comment on and make recommendations to 
                any Federal or State department or agency concerning 
                any such activity that, in the view of the Council is 
                likely to substantially affect the habitat of an 
                anadromous fishery resource under its jurisdiction.
            ``(3) If the Secretary receives information from a Council 
        or determines from other sources that an action authorized, 
        funded, carried out, or proposed to be carried out by any 
        Federal agency may result in the destruction or adverse 
        modification of any essential fish habitat identified under 
        paragraph (1), the Secretary shall comment on and make 
        recommendations to the Federal agency concerning that action.
            ``(4) Within 45 days after receiving a comment or 
        recommendation under paragraphs (2) or (3) from a Council or 
        the Secretary, a Federal agency shall provide a detailed 
        response, in writing, to the commenting Council and the 
        Secretary regarding the matter. The response shall include a 
        description of measures being considered 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 a recommendation from any Council or the Secretary, the 
        Federal agency shall explain its reasons for not following the 
        recommendations.
    ``(d) Gear Evaluation and Notification of Entry.--
            ``(1) Each Council shall submit to the Secretary by June 1, 
        1996, information describing (A) all fishing technologies 
        employed under such Council's authority; and (B) all fisheries 
        under the authority of such Council. The Secretary shall 
        compile such information, along with information to comply with 
        both (A) and (B) for fisheries to which section 302(a)(3) 
        applies.
            ``(2) By July 15, 1996, the Secretary shall publish a 
        proposed list of all technologies and fisheries, for each 
        Council and for fisheries to which section 302(a)(3) applies, 
        in the Federal Register for a public comment period of not less 
        than 60 days. The Secretary shall include with such list 
        specific guidelines for determining when a technology or 
        fishery is sufficiently different from those listed as to 
        require notification under paragraph (3). Within 30 days after 
        the close of the public comment period the Secretary shall 
        publish in the Federal Register a final list (including the 
        guidelines), after taking into account any public comment 
        received.
            ``(3) Beginning on the date that is 180 days after the date 
        of the publication of the final list required under paragraph 
        (2), no person or vessel shall employ a fishing technology or 
        engage in a fishery that is not included on the final list for 
        the appropriate Council or for fisheries to which section 
        302(a)(3) applies without first giving 90 days advance written 
        notice of the intent to employ such unlisted technology or 
        engage in such unlisted fishery to the appropriate Council, or 
        the Secretary with respect to a fishery to which section 
        302(a)(3) applies. Such notice shall be by first class mail, 
        return receipt requested, and shall include information on the 
        use of the unlisted technology in other fisheries, if any, and 
        a detailed description, including drawings, maps or diagrams if 
        appropriate, of the unlisted technology or unlisted fishery 
        which such person or vessel seeks to employ or engage in.
            ``(4) A Council may submit to the Secretary amendments to 
        the final list published under paragraph (2) to reflect any 
        substantial changes in the fishing technologies employed or 
        fisheries engaged in under the authority of such Council. The 
        Secretary may submit any amendments for fisheries to which 
        section 302(a)(3) applies. The Secretary shall publish any such 
        amendments in the Federal Register as proposed amendments 
        (along with any proposed revisions to the guidelines) to the 
final list for a public comment period of not less than 60 days. Within 
45 days of the close of the comment period, the Secretary shall publish 
a revised final list incorporating such proposed amendments, after 
taking into account any public comments received.
            ``(5) A Council may request the Secretary to promulgate 
        emergency regulations under subsection (e) prohibiting any 
        persons or vessels from employing an unlisted technology or 
        engaging in an unlisted fishery if the appropriate Council, or 
        the Secretary for fisheries to which section 302(a)(3) applies, 
        determines that use of such technology or entry into such 
        fishery would compromise the effectiveness of conservation and 
        management efforts under this Act.
            ``(6) If, after providing the notice required under 
        paragraph (3), no emergency regulations are implemented under 
        paragraph (5), the person or vessel submitting notice under 
        paragraph (3) may, after the required 90 day period has lapsed, 
        employ the unlisted technology or enter the unlisted fishery to 
        which such notice applies. The signed return receipt shall 
        constitute adequate evidence of the submittal of such notice 
        and the date upon which the 90-day period begins.
            ``(7) A violation of this subsection shall be considered a 
        violation of section 307, punishable under section 308.
    ``(e) Emergency Actions.--
            ``(1) If the Secretary finds that an emergency exists 
        involving any fishery, he may promulgate emergency regulations 
        necessary to address the emergency, without regard to whether a 
        fishery management plan exists for such fishery.
            ``(2) If a Council finds that an emergency exists involving 
        any fishery within its jurisdiction, whether or not a fishery 
        management plan exists for such fishery--
                    ``(A) the Secretary shall promulgate emergency 
                regulations under paragraph (1) to address the 
                emergency if the Council, by unanimous vote of the 
                voting members of the Council, requests the taking of 
                such action; and
                    ``(B) the Secretary may promulgate emergency 
                regulations under paragraph (1) to address the 
                emergency if the Council, by less than a unanimous 
                vote, requests the taking of such action.
            ``(3) Any emergency regulation which changes an existing 
        fishery management plan shall be treated as an amendment to 
        such plan for the period in which such regulation is in effect. 
        Any emergency regulation promulgated under this subsection--
                    ``(A) shall be published in the Federal Register 
                together with the reasons therefor;
                    ``(B) shall, except as provided in subparagraph 
                (C), remain in effect for not more than 180 days after 
                the date of publication, and may be extended by 
                publication in the Federal Register for an additional 
                period of not more than 180 days, provided the public 
                has had an opportunity to comment on the emergency 
                regulation, and, in the case of a Council 
                recommendation for emergency regulations, the Council 
                is actively preparing a fishery management plan, 
                amendment, or proposed regulations to address the 
                emergency on a permanent basis;
                    ``(C) that responds to a public health emergency 
                may remain in effect until the circumstances that 
                created the emergency no longer exist, provided that 
                the Secretary of Health and Human Services concurs with 
                the Secretary's action and the public has an 
                opportunity to comment after the regulation is 
                published;
                    ``(D) that reduces overfishing may be approved 
                without regard to the requirements of section 
                301(a)(1); and
                    ``(E) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination, except for emergency 
                regulations promulgated under paragraph (2) in which 
                case such early termination may be made only upon the 
                agreement of the Secretary and the Council concerned.
            ``(4) The Secretary may, pursuant to guidelines established 
        by a Council in a fishery management plan, close or restrict a 
        particular fishery covered by such fishery management plan in 
        order to prevent overfishing or reduce bycatch. Any such 
        guidelines shall specify appropriate means for providing timely 
        notice to fishermen of any closure or restriction. In 
        exercising the authority granted under this paragraph, the 
        Secretary shall not be required to provide an opportunity for 
        notice and comment if such closure or restriction is done in 
        accordance with the fishery management plan guidelines and does 
        not extend beyond the end of the current fishing period 
        established for that fishery by the fishery management plan.''.

SEC. 114. STATE JURISDICTION.

    (a) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the 
end the following:
            ``(3) If the State involved requests that a hearing be held 
        pursuant to paragraph (1), the Secretary shall conduct such 
        hearing prior to taking any action under paragraph (1).''.
    (b) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended--
            (1) by striking ``and'' in subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting a semicolon and the word ``and''; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the owner or operator of the vessel submits 
                reports on the tonnage of fish received from U.S. 
                vessels and the locations from which such fish were 
                harvested, in accordance with such procedures as the 
                Secretary by regulation shall prescribe.''.

SEC. 115. PROHIBITED ACTS.

    (a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended by 
striking ``American Lobster Fishery Management Plan, as implemented 
by'' and ``, or any successor to that plan, implemented under this 
title''.
    (b) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read as 
follows:
                    ``(L) to forcibly assault, resist, oppose, impede, 
                intimidate, sexually harass, or interfere with any 
                observer on a vessel under this Act, or any data 
                collector employed by or under contract to the National 
                Marine Fisheries Service;''.
    (c) Section 307(1)(M) (16 U.S.C. 1857(1)(M)) is amended to read as 
follows:
                    ``(M) to engage in large-scale driftnet fishing on 
                a vessel of the United States or a vessel subject to 
                the jurisdiction of the United States upon the high 
                seas beyond the exclusive economic zone of any nation 
                or within the exclusive economic zone of the United 
                States, (and any vessel that is shoreward of the outer 
                boundary of the exclusive economic zone of the United 
                States or beyond the exclusive economic zone of any 
                nation, and that has onboard gear that is capable of 
                use for large-scale driftnet fishing, shall be presumed 
                to be engaged in such fishing, but that presumption may 
                be rebutted); or''.
    (d) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as 
follows:
                    ``(A) in fishing within the boundaries of any 
                State, except--
                            ``(i) recreational fishing permitted under 
                        section 201(i),
                            ``(ii) fish processing permitted under 
                        section 306(c), or
                            ``(iii) transshipment at sea of fish 
                        products within the boundaries of any State in 
                        accordance with a permit approved under section 
                        204(b)(6)(A)(ii);''.
    (e) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by striking 
``201(j)'' and inserting ``201(i)''.
    (f) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as 
follows:
            ``(3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, to 
        transfer at sea directly or indirectly, or attempt to so 
        transfer at sea, any United States harvested fish to any 
        foreign fishing vessel, while such foreign vessel is within the 
        exclusive economic zone or within the boundaries of any State 
        except to the extent that the foreign fishing vessel has been 
        permitted under section 204(b)(6)(B) or section 306(c) to 
        receive such fish;''.
    (g) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting ``or 
within the boundaries of any State'' after ``zone''.

SEC. 116. CIVIL PENALTIES AND PERMIT SANCTIONS.

    (a) The first sentence of section 308(b) (16 U.S.C. 1858(b)) is 
amended to read as follows: ``Any person against whom a civil penalty 
is assessed under subsection (a), or against whom a permit sanction is 
imposed under subsection (g) (other than a permit suspension for 
nonpayment of penalty or fine), may obtain review thereof in the United 
States district court for the appropriate district by filing a 
complaint against the Secretary in such court within 30 days from the 
date of such order.''.
    (b) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended by 
striking the matter from ``(C) any'' through ``overdue,'' and inserting 
the following: ``(C) any amount in settlement of a civil forfeiture 
imposed on a vessel or other property, or any civil penalty or criminal 
fine imposed on a vessel or owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under any marine 
resource law enforced by the Secretary, has not been paid and is 
overdue,''.
    (c) Section 308(16 U.S.C. 1858) is amended by inserting at the end 
thereof the following:
    ``(h) After deduction for any administrative or enforcement costs 
incurred or other expenditures authorized under this Act, all funds 
collected under this section shall be deposited in a separate account 
of the Ocean Conservation Trust Fund established under section 315.''.

SEC. 117. ENFORCEMENT.

    (a) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
            (1) by striking ``fishery'' each place it appears and 
        inserting ``marine'';
            (2) by inserting ``of not less than 20 percent of the 
        penalty collected'' after ``reward'' in subparagraph (B), and
            (3) by striking subparagraph (E) and inserting the 
        following:
                    ``(E) claims of parties in interest to property 
                disposed of under section 612(b) of the Tariff Act of 
                1930 (19 U.S.C. 1612(b)), as made applicable by section 
                310(c) of this Act or by any other marine resource law 
                enforced by the Secretary, to seizures made by the 
                Secretary, in amounts determined by the Secretary to be 
                applicable to such claims at the time of seizure; 
                and''.
    (b) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read as 
follows:
            ``(2) Any person found in an administrative or judicial 
        proceeding to have violated this Act or any other marine 
        resource law enforced by the Secretary shall be liable for the 
        cost incurred in the sale, storage, care, and maintenance of 
        any fish or other property lawfully seized in connection with 
        the violation.''.
    (c) Section 311 (16 U.S.C. 1861) is amended by redesignating 
subsection (f) as subsection (h), and by inserting the following after 
subsection (e):
    ``(f) Annual Report on Enforcement.--Each year at the time the 
President's budget is submitted to the Congress, the Secretary and the 
Secretary of the Department in which the Coast Guard is operating 
shall, after consultation with the Councils, submit a report on the 
effectiveness of the enforcement of fishery management plans and 
regulations to implement such plans under the jurisdiction of each 
Council, including--
            ``(1) an analysis of the adequacy of federal personnel and 
        funding resources related to the enforcement of fishery 
        management plans and regulations to implement such plans; and
            ``(2) recommendations to improve enforcement that should be 
        considered in developing amendments to plans or to regulations 
        implementing such plans.
    ``(g) Fishermen's Information Networks.--The Secretary, in 
consultation with the Secretary of the department in which the Coast 
Guard is operating, shall conduct a program to encourage the formation 
of volunteer networks, to be designated as Fishermen's Information 
Networks, to advise on and assist in the monitoring, reporting, and 
prevention of violations of this Act.''.

SEC. 118. NORTH PACIFIC FISHERIES CONSERVATION.

    Section 313 (16 U.S.C. 1862) is amended--
            (1) by striking ``research plan'' in the section heading 
        and inserting ``conservation''; and
    (b) by adding at the end the following:
    ``(f) Reduction of Waste.--
            ``(1) No later than June 1, 1996, the North Pacific Fishery 
        Management Council shall include in each fishery management 
        plan under its jurisdiction conservation and management 
        measures, including fees or other incentives, to reduce bycatch 
        in each fishery. Notwithstanding section 304(d), in 
        implementing this subsection the Council may recommend, and the 
Secretary may approve and implement any such recommendation, consistent 
with the other provisions of this Act, a system of fees to provide an 
incentive to reduce bycatch, and, in particular, economic and 
regulatory discards. Any such system of fees or incentives shall be 
fair and equitable to all fishermen and United States fish processors, 
and shall not have economic allocation as its sole purpose.
            ``(2) Not later than January 1, 1997, the North Pacific 
        Fishery Management Council shall recommend, and the Secretary 
        may approve and implement any such recommendation, consistent 
        with the other provisions of this Act, conservation and 
        management measures to ensure total catch measurement in each 
        fishery under the Council's jurisdiction. Such conservation and 
        management measures shall ensure the accurate enumeration of 
        target species, economic discards, and regulatory discards.
            ``(3) Beginning on January 1, 1998, such conservation and 
        management measures shall include a harvest preference or other 
        incentives to fishing and processing practices within each gear 
        group that result in the lowest levels of economic discards, 
        processing waste, regulatory discards, and other bycatch. In 
        determining which practices shall be given priority, the 
        reduction of economic discards shall be given the greatest 
        weight, followed by processing waste (where applicable), 
        regulatory discards and other bycatch, in that order.
            ``(4) In determining the level of target species catch, 
        economic discards, regulatory discards, other bycatch, and 
        processing waste, the Council and Secretary shall base such 
        determinations on observer data or the best available 
        information.
            ``(5) In the case of fisheries occurring under an 
        individual transferable quota system under the jurisdiction of 
        the North Pacific Fishery Management Council after January 1, 
        1998--
                    ``(A) the Council shall designate non-target 
                species, bycatch species, and regulatory discards for 
                each such fishery;
                    ``(B) the Council may not recommend, and the 
                Secretary may not approve, any assignment or allocation 
                of individual transferable quotas for regulatory 
                discards, or non-target species for those fisheries, 
                other than for each individual fishing season on an 
                annual basis pursuant to subparagraph (C) of this 
                paragraph; and
                    ``(C) any harvest preference required under 
                paragraph (3) shall be implemented by giving priority 
                in the allocation of quotas for regulatory discards and 
                non-target species and to fishing practices that result 
                in the lowest levels of economic discards, regulatory 
                discards, processing waste, and other bycatch.
            ``(6) Nothing in this section shall be construed to 
        preclude the North Pacific Fishery Management Council from 
        allocating a portion of any quota for a directed fishery for 
        use as bycatch in another fishery or fisheries, if the Council 
        determines such allocation is necessary to prosecute a fishery, 
        after taking into account the requirements of this section 
        regarding reduction of bycatch and processing waste.
    ``(g) Full Retention and Full Utilization.--
            ``(1) The North Pacific Fishery Management Council shall, 
        consistent with the other provisions of this Act, submit to the 
        Secretary by January 1, 1997, a plan to phase-in by January 1, 
        2000, to the maximum extent practicable, fishery management 
        plan amendments to require full retention by fishing vessels 
        and full utilization by United States fish processors of all 
        fishery resources, except regulatory discards, caught under the 
        jurisdiction of such Council if such fishery resources cannot 
        be quickly returned alive to the sea with the expectation of 
        extended survival.
            ``(2) The plan shall include conservation and management 
        measures to minimize processing waste and ensure the optimum 
        utilization of target species, including standards setting 
        minimum percentages of target species harvest which must be 
        processed for human consumption.
            ``(3) In determining the maximum extent practicable, the 
        North Pacific Fishery Management Council shall consider--
                    ``(A) the state of available technology;
                    ``(B) the extent to which species brought on board 
                can be safely returned alive, with the expectation of 
                extended survival, to the sea;
                    ``(C) the extent to which each species is fully 
                utilized as a target species by United States 
                fishermen;
                    ``(D) the impact of different processing practices 
                on the price paid to fishermen and processors;
                    ``(E) the nature and economic costs of each 
                specific fishery; and
                    ``(F) the effect of a full retention or full 
                utilization requirement in a given fishery on other 
                fisheries when compared with the beneficial effect of 
                reducing economic discards and processing waste.
            ``(4) Notwithstanding section 304(f), the North Pacific 
        Fishery Management Council may propose, and the Secretary may 
        approve and implement any such recommendation, consistent with 
        the other provisions of this Act, a system of fines or other 
        incentives to implement this section. Any such fines or 
        incentive system shall be fair and equitable to all fishing 
        vessels and United States fish processors, and shall not have 
        economic allocation as its sole purpose.
    ``(h) Regulatory Discards.--
            ``(1) Regulatory discards shall not be considered an 
        economic discard for purposes of this section, however, the 
        North Pacific Fishery Management Council shall seek to reduce 
        the incidental catch of regulatory discards to the maximum 
        extent practicable while allowing for the prosecution of 
        fisheries under its jurisdiction.
            ``(2) Not later than June 1, 1996, the North Pacific 
        Fishery Management Council shall propose, and the Secretary may 
approve and implement any such recommendation, consistent with the 
other provisions of this Act, for each groundfish fishery under the 
Council's jurisdiction, conservation and management measures to reduce 
the incidental harvest of regulatory discards to the minimum level 
necessary to prosecute directed fisheries for designated target 
species, and to otherwise meet the requirements of this section. 
Notwithstanding section 304(f), such conservation and management 
measures may include a system of fines, caps, or other incentives to 
reduce the incidental harvest of regulatory discards. Any system of 
fines or incentives under this section shall be fair and equitable to 
all fishing vessels and United States fish processors, and shall not 
have economic allocation as its sole purpose.
            ``(3) The North Pacific Fishery Management Council shall 
        establish for each fishery which incidentally harvests 
        regulatory discards under the Council's jurisdiction a cap 
        which prevents such regulatory discards from being overfished 
        or from being placed in risk of being overfished. Upon reaching 
        such cap, the commercial fishery in which such regulatory 
        discards are incidentally caught shall be closed for that 
        season.
    ``(i) Observer Program.--
            ``(1) Beginning June 1, 1996, the North Pacific Fishery 
        Management Council shall require under the authority granted to 
        it by subsection (a)--
                    ``(A) 100 percent observer coverage on all fishing 
                vessels which can safely accommodate an observer or 
                observers, and at all United States fish processors to 
                the extent that funding for such coverage is available, 
                and
                    ``(B) for vessels which cannot safely accommodate 
                an observer, statistically reliable sampling of a 
                fishing vessel's effort in each fishery in which that 
                fishing vessel participates,
        when such vessel or processor is fishing in a fishery under the 
        North Pacific Fishery Management Council's jurisdiction. In 
        implementing subparagraph (A) the North Pacific Fishery 
        Management Council shall require that more than one observer be 
        stationed on a fishing vessel or at a United States fish 
        processor whenever the Council determines that more than one 
        such observer is necessary to accurately monitor that vessel or 
        processor's operation.
            ``(2) Observers stationed on fishing vessels or at United 
        States fish processors under the authority of this section 
        shall be paid by the Secretary using funds deposited in the 
        North Pacific Fishery Observer Fund. Such payment shall not 
        make an observer an employee of the Federal Government, unless 
        such observer is otherwise employed by an agency of the United 
        States.
            ``(3) Failure to pay the fee established by the North 
        Pacific Fishery Management Council under subsection (a) shall 
        be a considered a violation of section 307, punishable under 
        section 308. Any fines collected pursuant to the authority 
        granted by this subsection shall be deposited in the North 
        Pacific Fishery Observer Fund account in the United States 
        Treasury, and shall remain available until expended under the 
        terms of that fund.
            ``(4) Notwithstanding sections 304(f) and subsection (b), 
        the Secretary is authorized to recover from vessels 
        participating in a fishery under an individual fishing quota 
        regime or other limited access program established by the North 
        Pacific Fishery Management Council, the full cost of any 
        observers stationed on such vessel (including all costs for 
        salaries, expenses, equipment, food and lodging, 
        transportation, insurance, and analysis of observer data, plus 
        reasonable costs for training and administrative overhead). 
        Each participant in an individual fishing quota regime shall 
        only be required to contribute the same proportion of the costs 
        as that participant's quota shares represent to the total 
        number of quota shares in such regime. To the extent that the 
        costs recovered under this paragraph exceed the fee established 
        by the Council under subsection (b), the Secretary shall deduct 
        any payment by a vessel under subsection (b) from the amount 
        owed by such vessel under this paragraph. The Secretary shall 
        deposit any fees collected under this paragraph in the North 
        Pacific Fishery Observer Fund account in the United States 
        Treasury.
    ``(j) Industry Assistance.--
            ``(1) The Secretary shall submit a plan by January 1, 1996, 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Resources of the House of 
        Representatives to develop jointly with industry accurate 
        methods of weighing the fish harvested by United States fishing 
        vessels in fisheries under the jurisdiction of the North 
        Pacific Fishery Management Council. Such plan shall include 
        methods for assessing contributions from industry to fund such 
        development, as well as recommendations from the Secretary 
        concerning the level of funds needed to successfully implement 
        the plan in fiscal year 1997.
            ``(2) The Secretary shall submit by January 1, 1996, to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Resources of the House of 
        Representatives a plan to develop markets and harvesting and 
        processing techniques for arrowtooth flounder. The Secretary 
        shall include in such plan recommendations concerning the level 
        of funds needed to successfully implement the plan in fiscal 
        year 1997.
            ``(3) For fiscal years 1996, 1997, 1998, and 1999, $50,000 
        is authorized to be appropriated for the purposes of 
        implementing paragraph (1), and $250,000 is authorized to be 
        appropriated for programs to implement paragraph (2).
    ``(k) Definition.--For the purposes of this section, `processing 
waste' means that portion of a fish which is processed and which could 
be used for human consumption or other commercial use, but which is not 
so used.''.

SEC. 119. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) The Act is amended by adding at the end of title III the 
following:

``SEC. 315. TRANSITION TO SUSTAINABLE FISHERIES.

    ``(a) Sustainable Development Strategy.--
            ``(1) At the discretion of the Secretary or at the request 
        of the Governor of an affected State or a fishery dependent 
        community, the Secretary, in consultation with the Councils and 
        Federal agencies, as appropriate, may work with regional 
        authorities, affected States, fishery dependent communities, 
        the fishing industry, conservation organizations, and other 
        interested parties, to develop a sustainable development 
        strategy for any fishery classified as overfished under section 
        305(a) or determined to be a commercial fishery failure under 
        section 316.
            ``(2) Such sustainable development strategy shall--
                    ``(A) take into consideration the economic, social, 
                and ecological factors affecting the fishery and 
                provide recommendations for addressing such factors in 
                the development of a fishery recovery effort under 
                section 305(b);
                    ``(B) identify Federal and State programs which can 
                be used to provide assistance to fishery dependent 
                communities during development and implementation of a 
                fishery recovery effort;
                    ``(C) develop a balanced and comprehensive long-
                term plan to guide the transition to a sustainable 
                fishery, identifying alternative economic opportunities 
                and establishing long-term objectives for the fishery 
                including vessel types and sizes, harvesting and 
                processing capacity, and optimal fleet size;
                    ``(D) establish procedures to implement such a plan 
                and facilitate consensus and coordination in regional 
                decision-making; and
                    ``(E) include any program established under 
                subsection (b) to reduce the number of vessels or level 
                of capital investment in the fishery.
            ``(2) Report.--The Secretary shall complete and submit to 
        the Congress a report on any sustainable development strategy 
        developed under this section within 6 months and annually 
        thereafter.
    ``(b) Buy-out Program.--
            ``(1) The Secretary, in consultation with the appropriate 
        Council, may develop and implement a buy-out program for 
        fishing vessels or permits in a fishery for the purpose of 
        reducing the number of fishing vessels and fishing effort in 
        such fishery, if the Secretary, with the concurrence of the 
        majority of the voting members of such Council, determines that 
        a buy-out program is necessary for the development and 
        implementation of a fishery recovery effort under section 
        305(b).
            ``(2) Any buy-out program developed or implemented in a 
        fishery shall--
                    ``(A) require a fishery management plan to be in 
                place for such fishery that is adequate to limit access 
                to the fishery and prevent the replacement of fishing 
                effort removed by the buy-out program;
                    ``(B) require fishing vessels or permits acquired 
                under such program to be disposed of in a manner 
                ensuring that such vessels or permits do not re-enter 
                the fishery or contribute to excess fishing effort in 
                other fisheries;
                    ``(C) establish criteria for determining types and 
                numbers of vessels which are eligible for participation 
                in such program consistent with--
                            ``(i) any strategy developed under 
                        subsection (a);
                            ``(ii) the requirements of applicable 
                        fishery management plans; and
                            ``(iii) the need to minimize program costs;
                    ``(D) establish procedures (such as submission of 
                owner bid under an auction system or fair market-value 
                assessment) to be used in determining the level of 
                payment for fishing vessels or permits acquired under 
                the program; and
                    ``(E) identify Federal and non-Federal mechanisms 
                for funding the buy-out program, consistent with 
                paragraphs (3) and (4).
            ``(3) The Federal share of the cost of a buy-out program 
        implemented under this section shall not exceed 50 percent of 
        the cost of that program. Such Federal share may be provided 
        from monies deposited in the Ocean Conservation Trust Fund 
        under section 308(h) or monies made available under section 
        316(b) of this Act or under section 2(b) of the Act of August 
        11, 1939 (15 U.S.C. 713c-3(b)).
            ``(4) Notwithstanding section 305(f)(1), the Secretary, 
        with the concurrence of a majority of the voting members of the 
        affected Council, may establish a fee system to collect those 
        funds required for the non-Federal share of such program that 
        are not available from other non-Federal sources. Under such 
        fee system, the Secretary may assess an annual fee on holders 
        of fishing permits in the fishery for which the buy-out program 
        is established which may not exceed 5 percent annually of the 
        value of the fish harvested under the fishing permit. 
        Assessments may not be used to pay any costs of administrative 
        overhead or other costs not directly incurred in carrying out 
        the specific buy-out program under which they are collected. 
        Assessments shall be deposited in the Ocean Conservation Trust 
        fund established under subsection (d) and shall be considered 
        part of the non-Federal share of the cost of a buyout program.
            ``(5)(A) Upon completion of a proposal for a buy-out 
        program (including any fee system to be established under this 
        subsection), the Secretary shall immediately--
                    ``(i) submit the proposed program and regulations 
                necessary for its implementation to the appropriate 
                Council for consideration and comment; and
                    ``(ii) publish in the Federal Register a notice 
                stating that the proposed program and regulations are 
                available and that written data, views, or comments of 
                interested persons on the proposed program and 
                regulations may be submitted to the Secretary during 
                the 60-day period beginning on the date the notice is 
published.
            ``(B) During the 60-day public comment period--
                    ``(i) the Secretary shall conduct a public hearing 
                in each State affected by the proposed buy-out program; 
                and
                    ``(ii) the appropriate Council shall submit its 
                comments and recommendations, if any, regarding the 
                proposed program and regulations.
            ``(C) Within 45 days after the close of the public comment 
        period, the Secretary, in consultation with the affected 
        Council, shall analyze the public comment received and publish 
        a final buy-out program and regulations for its implementation. 
        The Secretary shall include an explanation of any substantive 
        differences between the proposed and final program and 
        regulations.
    ``(c) Task Force.--The Secretary shall establish a task force to 
assist in the development of a sustainable development strategy or a 
buy-out program under this section. Such task force shall, at a 
minimum, consist of members of the affected communities and individuals 
with expertise in fishery management and conservation, economics, and 
sociology. Members of the task force are authorized to receive per diem 
and travel expenses consistent with section 302 of this Act.
    ``(d) Ocean Conservation Trust Fund.--There is established in the 
Treasury an Ocean Conservation Trust Fund. The Fund shall be available, 
without appropriation or fiscal year limitation, only to the Secretary 
for the purpose of carrying out the provisions of this section subject 
to the restrictions of this Act. This fund shall consist of all monies 
deposited into it in accordance with this section and section 308(h). 
Sums in the Fund that are not currently needed for the purpose of this 
section shall be kept on deposit or invested in obligations of, or 
guaranteed by, the United States.

``SEC. 316. FISHERIES DISASTER RELIEF.

    ``(a) Determination of Failure.--At the discretion of the Secretary 
or at the request of the Governor of an affected State or a fishery 
dependent community, the Secretary shall determine whether there is a 
commercial fishery failure due to a fishery resource disaster as a 
result of--
            ``(1) natural causes;
            ``(2) man-made causes beyond the control of fishery 
        managers to mitigate through conservation and management 
        measures; or
            ``(3) undetermined causes.
    ``(b) Economic Assistance.--
            ``(1) Upon the determination under subsection (a) that 
        there is a commercial fishery failure, the Secretary is 
        authorized to make sums available to be used by the affected 
        State, fishery dependent community, or by the Secretary in 
        cooperation with the affected State or fishery dependent 
        community for--
                    ``(A) assessing the economic and social effects of 
                the commercial fishery failure; and
                    ``(B) any activity that the Secretary determines is 
                appropriate to restore the fishery or prevent a similar 
                failure in the future and to assist a fishery dependent 
                community affected by such failure.
            ``(2) Before making funds available for an activity 
        authorized under this section, the Secretary shall make a 
        determination that such activity will not expand the size or 
        scope of the commercial fishery failure into other fisheries or 
        other geographic regions.
    ``(c) Federal Cost-sharing.--The Federal share of the cost of any 
activity carried out under the authority of this section shall not 
exceed 75 percent of the cost of that activity.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for each of 
the fiscal years 1995, 1996, 1997, 1998 and 1999, provided that such 
sums are designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.''.
    (b) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C. 
713c-3(b)(1)(A)) is amended--
            (1) by striking ``and'' at the end of clause (ii); and
            (2) by adding at the end the following new clause:
                            ``(iii) to fund the Federal share of a buy-
                        out program established under section 315(b) of 
                        the Magnuson Fishery Conservation and 
                        Management Act.''.

               TITLE II--FISHERY MONITORING AND RESEARCH

SEC. 201. CHANGE OF TITLE.

    The heading of title IV (16 U.S.C. 1881 et seq.) is amended to read 
as follows:

             ``TITLE IV--FISHERY MONITORING AND RESEARCH''.

SEC. 202. REGISTRATION AND DATA MANAGEMENT.

    Title IV (16 U.S.C. 1881 et seq.) is amended by inserting after the 
title heading the following:

``SEC. 401. REGISTRATION AND DATA MANAGEMENT.

    ``(a) Standardized Fishing Vessel Registration and Data Management 
System.--The Secretary shall, in cooperation with the Secretary of the 
department in which the Coast Guard is operating, the States, the 
Councils, and Marine Fisheries Commissions, develop recommendations for 
implementation of a standardized fishing vessel registration and data 
management system on a regional basis. The proposed system shall be 
developed after consultation with interested governmental and 
nongovernmental parties and shall--
            ``(1) be designed to standardize the requirements of vessel 
        registration and data collection systems required by this Act, 
        the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), and 
        any other marine resource law implemented by the Secretary;
            ``(2) integrate programs under existing fishery management 
        plans into a nonduplicative data collection and management 
        system;
            ``(3) avoid duplication of existing state, tribal, or 
        federal systems (other than a federal system under paragraph 
        (1)) and utilize, to the maximum extent practicable, 
        information collected from existing systems;
            ``(4) provide for implementation through cooperative 
        agreements with appropriate State, regional, or tribal entities 
        and Marine Fisheries Commissions;
            ``(5) establish standardized units of measurement, 
        nomenclature, and formats for the collection and submission of 
        information;
            ``(6) minimize the paperwork required for vessels 
        registered under the system;
            ``(7) include all species of fish within the geographic 
        areas of authority of the Councils and all fishing vessels, 
        except for private recreational fishing vessels used 
        exclusively for pleasure; and
            ``(8) prescribe procedures necessary to ensure the 
        confidentiality of information collected under this section.
    ``(b) Fishing Vessel Information.--The registration and data 
management system should, at a minimum, obtain the following 
information for each fishing vessel--
            ``(1) the name and official number or other identification, 
        together with the name and address of the owner or operator or 
        both;
            ``(2) vessel capacity, type and quantity of fishing gear, 
        mode of operation (catcher, catcher processor or other), and 
        such other pertinent information with respect to vessel 
        characteristics as the Secretary may require;
            ``(3) identification of the fisheries in which the fishing 
        vessel participates;
            ``(4) estimated amounts of fish caught, and processed (if 
        applicable) in each fishery; and
            ``(5) the geographic area of operations and the season or 
        period during which the fishing vessel operates.
    ``(c) Fishery Information.--The registration and data management 
system should, at a minimum, provide basic fisheries performance data 
for each fishery, including--
            ``(1) the number of vessels participating in the fishery;
            ``(2) the time period in which the fishery occurs;
            ``(3) the approximate geographic location, or official 
        reporting area where the fishery occurs;
            ``(4) a description of fishery gear used in the fishery, 
        including the amount of such gear and the appropriate unit of 
        fishery effort;
            ``(5) catch and ex-vessel value of the catch for each stock 
        of fish in the fishery; and
            ``(6) the amount and types of economic and regulatory 
        discards, and an estimate of any other bycatch.
    ``(d) Public Comment.--Within one year after the date of enactment 
of the Sustainable Fisheries Act, the Secretary shall publish in the 
Federal Register for a 60-day public comment period, a proposal that 
would provide for implementation of a standardized fishing vessel 
registration and data collection system that meets the requirements of 
subsections (a) through (c). The proposal shall include--
            ``(1) a description of the arrangements for consultation 
        and cooperation with the department in which the Coast Guard is 
        operating, the States, the Councils, Marine Fisheries 
        Commissions, the fishing industry and other interested parties; 
        and
            ``(2) proposed regulations and legislation necessary to 
        implement the proposal.
    ``(e) Congressional Transmittal.--Within 60 days after the end of 
the comment period and after consideration of comments received under 
subsection (d), the Secretary shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Resources of the House of Representatives a proposal for 
implementation of a national fishing vessel registration system that 
includes--
            ``(1) any modifications made after comment and 
        consultation;
            ``(2) a proposed implementation schedule; and
            ``(3) recommendations for any such additional legislation 
        as the Secretary considers necessary or desirable to implement 
        the proposed system.
    ``(f) Report to Congress.--Within 15 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall report 
to Congress on the need to include private recreational fishing vessels 
used exclusively for pleasure into a national fishing vessel 
registration and data collection system. In preparing its report, the 
Secretary shall cooperate with the Secretary of the department in which 
the Coast Guard is operating, the States, the Councils, and Marine 
Fisheries Commissions, and consult with governmental and 
nongovernmental parties.''.

SEC. 203. DATA COLLECTION.

    Section 402 is amended to read as follows:

``SEC. 402. DATA COLLECTION.

    ``(a) Council Requests.--If a Council determines that additional 
information and data (other than information and data that would 
disclose proprietary or confidential commercial or financial 
information regarding fishing operations or fish processing operations) 
would be beneficial for developing, implementing, or revising a fishery 
management plan or for determining whether a fishery is in need of 
management, the Council may request that the Secretary implement a data 
collection program for the fishery which would provide the types of 
information and data (other than information and data that would 
disclose proprietary or confidential commercial or financial 
information regarding fishing operations or fish processing operations) 
specified by the Council. The Secretary shall approve such a data 
collection program if he determines that the need is justified, and 
shall promulgate regulations to implement the program within 60 days 
after such determination is made. If the Secretary determines that the 
need for a data collection program is not justified, the Secretary 
shall inform the Council of the reasons for such determination in 
writing. The determinations of the Secretary under this subsection 
regarding a Council request shall be made within a reasonable period of 
time after receipt of that request.
    ``(b) Confidentiality of Information.--Any information submitted to 
the Secretary by any person in compliance with any requirement under 
this Act shall be confidential and shall not be disclosed if disclosure 
would significantly impair the commercial interests of the person from 
whom the information was obtained, except--
            ``(1) to Federal employees and Council employees who are 
        responsible for fishery management plan development and 
        monitoring;
            ``(2) to State or Marine Fisheries Commission employees 
        pursuant to an agreement with the Secretary that prevents 
        public disclosure of the identity or business of any person;
            ``(3) when required by court order;
            ``(4) when such information is used to verify catch under 
        an individual transferable quota system; or
            ``(5) unless the Secretary has obtained written 
        authorization from the person submitting such information to 
        release such information and such release does not violate 
        other requirements of this subsection.
The Secretary shall, by regulation, prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the Secretary 
may release or make public any such information in any aggregate or 
summary form which does not directly or indirectly disclose the 
identity or business of any person who submits such information. 
Nothing in this subsection shall be interpreted or construed to prevent 
the use for conservation and management purposes by the Secretary, or 
with the approval of the Secretary, the Council, of any information 
submitted in compliance with regulations promulgated under this Act.
    ``(c) Restriction on Use of Certain Data.--
            ``(1) The Secretary shall promulgate regulations to 
        restrict the use, in civil enforcement or criminal proceedings 
        under this Act, the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1361 et seq.), or the Endangered Species Act (16 U.S.C. 
        1531 et seq.), of information collected by voluntary fishery 
        data collectors, including sea samplers, while aboard any 
        vessel for conservation and management purposes if the presence 
        of such a fishery data collector aboard is not required by any 
        of such Acts or regulations thereunder.
            ``(2) The Secretary may not require the submission of a 
        Federal or State income tax return or statement as a 
        prerequisite for issuance of a Federal fishing permit until 
        such time as the Secretary has promulgated regulations to 
        ensure the confidentiality of information contained in such 
        return or statement, to limit the information submitted to that 
        necessary to achieve a demonstrated conservation and management 
        purpose, and to provide appropriate penalties for violation of 
        such regulations.''.

SEC. 204. OBSERVERS.

    Title IV of the Act (16 U.S.C. 1882) is amended by adding the 
following new section 403:

``SEC. 403. OBSERVERS.

    ``(a) Guidelines for Carrying Observers.--Within one year of the 
date of enactment of the Sustainable Fisheries Act, the Secretary shall 
promulgate regulations, after notice and public comment, for fishing 
vessels that are required to carry observers. The regulations shall 
include guidelines for determining--
            ``(1) when a vessel is not required to carry an observer on 
        board because the facilities of such vessel for the quartering 
        of an observer, or for carrying out observer functions, are so 
        inadequate or unsafe that the health or safety of the observer 
        or the safe operation of the vessel would be jeopardized; and
            ``(2) actions which vessel owners or operators may 
        reasonably be asked to take to render such facilities adequate 
        and safe.
    ``(b) Training.--The Secretary, in cooperation with State programs 
and the National Sea Grant College Program, shall--
            ``(1) establish programs to ensure that each observer 
        receives adequate training in collecting and analyzing data 
        necessary for the conservation and management purposes of the 
        fishery to which such observer is assigned; and
            ``(2) require that an observer demonstrate competence in 
        fisheries science and statistical analysis at a level 
        sufficient to enable such person to fulfill the 
        responsibilities of the position.
    ``(c) Wages as Maritime Liens.--Claims for observers' wages shall 
be considered maritime liens against the vessel and be accorded the 
same priority as seamen's liens under admiralty and general maritime 
law.''.

SEC. 205. FISHERIES RESEARCH.

    Section 404 is amended to read as follows:

``SEC. 404. FISHERIES RESEARCH.

    ``(a) In General.--The Secretary shall initiate and maintain, in 
cooperation with the Councils, a comprehensive program of fishery 
research to carry out and further the purposes, policy, and provisions 
of this Act. Such program shall be designed to acquire knowledge and 
information, including statistics, on fishery conservation and 
management and on the economics of the fisheries.
    ``(b) Strategic Plan.--Within one year after the date of enactment 
of the Sustainable Fisheries Act, and at least every 3 years 
thereafter, the Secretary shall develop and publish in the Federal 
Register a strategic plan for fisheries research for the five years 
immediately following such publication. The plan shall--
            ``(1) identify and describe a comprehensive program with a 
        limited number of priority objectives for research in each of 
        the areas specified in subsection (c);
            ``(2) indicate the goals and timetables for the program 
        described in paragraph (1); and
            ``(3) provide a role for commercial fishermen in such 
        research, including involvement in field testing.
    ``(c) Areas of Research.--The areas of research referred to in 
subsection (a) are as follows:
            ``(1) Research to support fishery conservation and 
        management, including but not limited to, research on the 
        economics of fisheries and biological research concerning the 
        abundance and life history parameters of stocks of fish, the 
        interdependence of fisheries or stocks of fish, the 
        identification of essential fish habitat, the impact of 
        pollution on fish populations, the impact of wetland and 
        estuarine degradation, and other matters bearing upon the 
        abundance and availability of fish.
            ``(2) Conservation engineering research, including the 
        study of fish behavior and the development and testing of new 
        gear technology and fishing techniques to minimize bycatch and 
        any adverse effects on essential fish habitat and promote 
        efficient harvest of target species.
            ``(3) Information management research, including the 
        development of a fishery information base and an information 
        management system that will permit the full use of data in the 
        support of effective fishery conservation and management.
    ``(d) Public Notice.--In developing the plan required under 
subsection (a), the Secretary shall consult with relevant Federal, 
State, and international agencies, scientific and technical experts, 
and other interested persons, public and private, and shall publish a 
proposed plan in the Federal Register for the purpose of receiving 
public comment on the plan. The Secretary shall ensure that affected 
commercial fishermen are actively involved in the development of the 
portion of the plan pertaining to conservation engineering research. 
Upon final publication in the Federal Register, the plan shall be 
submitted by the Secretary to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of the 
House of Representatives.''.

SEC. 206. INCIDENTAL HARVEST RESEARCH.

    Section 405 is amended to read as follows:

``SEC. 405. INCIDENTAL HARVEST RESEARCH.

    ``(a) Collection of Data.--Within 9 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall, after 
consultation with the Gulf of Mexico Fishery Management Council and 
South Atlantic Fishery Management Council, conclude the collection of 
data in the program to assess the impact on fishery resources of 
incidental harvest by the shrimp trawl fishery within the authority of 
such Councils. Within the same time period, the Secretary shall make 
available to the public aggregated summaries of data collected prior to 
June 30, 1994 under such program.
    ``(b) Identification of Stock.--The program concluded pursuant to 
subsection (a) shall provide for the identification of stocks of fish 
which are subject to significant incidental harvest in the course of 
normal shrimp trawl fishing activity.
    ``(c) Collection and Assessment of Specific Stock Data.--For stocks 
of fish identified pursuant to subsection (b), with priority given to 
stocks which (based upon the best available scientific information) are 
considered to be overfished, the Secretary shall conduct--
            ``(1) a program to collect and evaluate data on the nature 
        and extent (including the spatial and temporal distribution) of 
        incidental mortality of such stocks as a direct result of 
        shrimp trawl fishing activities;
            ``(2) an assessment of the status and condition of such 
        stocks, including collection of information which would allow 
        the estimation of life history parameters with sufficient 
        accuracy and precision to support sound scientific evaluation 
        of the effects of various management alternatives on the status 
        of such stocks; and
            ``(3) a program of data collection and evaluation for such 
        stocks on the magnitude and distribution of fishing mortality 
        and fishing effort by sources of fishing mortality other than 
        shrimp trawl fishing activity.
    ``(d) Incidental Mortality Reduction Program.--The Secretary shall, 
in cooperation with affected interests, commence a program to design 
and evaluate the efficacy of technological devices and other changes in 
fishing technology for the reduction of incidental mortality of 
nontarget fishery resources in the course of shrimp trawl fishing 
activity which are designed to be inexpensive to operate and which 
cause insignificant loss of shrimp. Such program shall take into 
account local conditions and include evaluation of any reduction in 
incidental mortality, as well as any reduction or increase in the 
retention of shrimp in the course of normal fishing activity.
    ``(e) Report to the Congress.--The Secretary shall, within one year 
of completing the programs required by this subsection, submit a 
detailed report on the results of such programs to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Resources of the House of Representatives.
    ``(f) Implementation Criteria.--Any measure implemented under this 
Act to reduce the incidental mortality of nontarget fishery resources 
in the course of shrimp trawl fishing shall, to the extent 
practicable--
            ``(1) apply to such fishing throughout the range of the 
        nontarget fishery resource concerned; and
            ``(2) be implemented first in those areas and at those 
        times where the greatest reduction of such incidental mortality 
        can be achieved.''.

SEC. 207. REPEAL.

            Section 406 (16 U.S.C. 1882) is repealed.

SEC. 208. CLERICAL AMENDMENTS.

    The table of contents is amended by striking the matter relating to 
title IV and inserting the following:

``Sec. 315. Transition to sustainable fisheries.
``Sec. 316. Fisheries disaster relief.
              ``TITLE IV--FISHERY MONITORING AND RESEARCH

``Sec. 401. Registration.
``Sec. 402. Data collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.''.

             TITLE III--FISHERIES STOCK RECOVERY FINANCING

SEC. 301. SHORT TITLE.

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

SEC. 302. FISHERIES STOCK RECOVERY REFINANCING.

    Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 1271 et seq.), 
is amended by adding at the end the following new section:
    ``Sec. 1111. (a) Pursuant to the authority granted under section 
1103(a) of this title, the Secretary shall, under such terms and 
conditions as the Secretary shall prescribe by regulation, guarantee 
and make commitments to guarantee the principal of, and interest on, 
obligations which aid in refinancing, in a manner consistent with the 
reduced cash flows available to obligors because of reduced harvesting 
allocations during implementation of a fishery recovery effort, 
existing obligations relating to fishing vessels or fishery facilities. 
Guarantees under this section shall be subject to all other provisions 
of this title not inconsistent with the provisions of this section. The 
provisions of this section shall, notwithstanding any other provisions 
of this title, apply to guarantees under this section.
    ``(b) Obligations eligible to be refinanced under this section 
shall include all obligations which financed or refinanced any 
expenditures associated with the ownership or operation of fishing 
vessels or fishery facilities, including but not limited to 
expenditures for reconstructing, reconditioning, purchasing, equipping, 
maintaining, repairing, supplying, or any other aspect whatsoever of 
operating fishing vessels or fishery facilities, excluding only such 
obligations--
            ``(1) which were not in existence prior to the time the 
        Secretary approved a fishery recovery effort eligible for 
        guarantees under this section and whose purpose, in whole or in 
        part, involved expenditures which resulted in increased vessel 
        harvesting capacity; and
            ``(2) as may be owed by an obligor either to any 
        stockholder, partner, guarantor, or other principal of such 
        obligor or to any unrelated party if the purpose of such 
        obligation had been to pay an obligor's preexisting obligation 
        to such stockholder, partner, guarantor, or other principal of 
        such obligor.
    ``(c) The Secretary shall refinance up to 100 percent of the 
principal of, and interest on, such obligations, but, in no event, 
shall the Secretary refinance an amount exceeding 75 percent of the 
unencumbered (after deducting the amount to be refinanced by guaranteed 
obligations under this section) market value, as determined by an 
independent marine surveyor, of the fishing vessel or fishery facility 
to which such obligations relate plus 75 percent of the unencumbered 
(including but not limited to homestead exemptions) market value, as 
determined by an independent marine surveyor, of all other 
supplementary collateral. The Secretary shall do so regardless of--
            ``(1) any fishing vessel or fishery facility's actual cost 
        or depreciated actual cost; and
            ``(2) any limitations elsewhere in this title on the amount 
        of obligations to be guaranteed or such amount's relationship 
        to actual cost or depreciated actual cost.
    ``(d) Obligations guaranteed under this section shall have such 
maturity dates and other provisions as are consistent with the intent 
and purpose of this section (including but not limited to provisions 
for obligors to pay only the interest accruing on the principal of such 
obligations during the period in which fisheries stocks are recovering, 
with the principal and interest accruing thereon being fully amortized 
between the date stock recovery is projected to be completed and the 
maturity date of such obligations).
    ``(e) No provision of section 1104A(d) of this title shall apply to 
obligations guaranteed under this section.
    ``(f) The Secretary shall neither make commitments to guarantee nor 
guarantee obligations under this section unless--
            ``(1) the Secretary has first approved the fishery recovery 
        effort, for the fishery in which vessels eligible for the 
        guarantee of obligations under this section are participants; 
        and
            ``(2) the Secretary has considered such factors as--
                    ``(A) the projected degree and duration of reduced 
                fisheries allocations;
                    ``(B) the projected reduction in fishing vessel and 
                fishery facility cash flows;
                    ``(C) the projected severity of the impact on 
                fishing vessels and fishery facilities;
                    ``(D) the projected effect of the fishery recovery 
                effort;
                    ``(E) the provisions of any related fishery 
                management plan under the Magnuson Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.); and
                    ``(F) the need for and advisability of guarantees 
                under this section;
            ``(3) the Secretary finds that the obligation to be 
        guaranteed will, considering the projected effect of the 
        fishery recovery effort involved and all other aspects of the 
        obligor, project, property, collateral, and any other aspects 
        whatsoever of the obligation involved, constitute, in the 
        Secretary's opinion, a reasonable prospect of full repayment; 
        and
            ``(4) the obligors agree to provide such security and meet 
        such other terms and conditions as the Secretary may, pursuant 
        to regulations prescribed under this section, require to 
        protect the interest of the United States and carry out the 
        purpose of this section.
    ``(g) All obligations guaranteed under this section shall be 
accounted for separately, in a subaccount of the Federal Ship Financing 
Fund to be known as the Fishery Recovery Refinancing Account, from all 
other obligations guaranteed under the other provisions of this title 
and the assets and liabilities of the Federal Ship Financing Fund and 
the Fishery Recovery Refinancing Account shall be segregated 
accordingly.
    ``(h) For the purposes of this section, the term `fishery recovery 
effort' means a fishery management plan, amendment, or regulations 
required under section 305(b) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1854(b)) to rebuild a fishery which the 
Secretary has determined to be a commercial fishery failure under 
section 316 of such Act.''.

SEC. 303. FEDERAL FINANCING BANK RELATING TO FISHING VESSELS AND 
              FISHERY FACILITIES.

    Section 1104A(b)(2) of the Merchant Marine Act, 1936 (46 U.S.C. 
1274(b)(2)), is amended by striking ``Provided, further, That in the 
case of a fishing vessel or fishery facility, the obligation shall be 
in an aggregate principal amount equal to 80 percent of the actual cost 
or depreciated actual cost of the fishing vessel or fishery facility, 
except that no debt may be placed under this proviso through the 
Federal Financing Bank:'' and inserting the following: ``Provided, 
further, That in the case of a fishing vessel or fishery facility, the 
obligation shall be in an aggregate principal amount not to exceed 80 
percent of the actual cost or depreciated actual cost of the fishing 
vessel or fishery facility, and obligations related to fishing vessels 
and fishery facilities under this title shall be placed through the 
Federal Financing Bank unless placement through the Federal Financing 
Bank is not reasonably available or placement elsewhere is available at 
a lower annual effective yield than placement through the Federal 
Financing Bank:''.

SEC. 304. FEES FOR GUARANTEEING OBLIGATIONS.

    Section 1104A(e) of the Merchant Marine Act, 1936 (46 U.S.C. 
1274(e)), is amended to read as follows:
    ``(e)(1) The Secretary is authorized to fix a fee for the guarantee 
of obligations under this title. Obligors shall pay all such fees to 
the Secretary when moneys are first advanced under guaranteed 
obligations and at least 60 days prior to each anniversary date 
thereafter. All such fees shall be computed and shall be payable to the 
Secretary under such regulations as the Secretary may prescribe.
    ``(2) For fishing vessels and fishery facilities, such fee shall--
            ``(A) if the obligation will not be purchased by the 
        Federal Financing Bank, be in an amount equal to 1 percent per 
        year of the average principal amount of the obligation 
        outstanding (unless such obligation is issued under section 
        1111 of this title, in which case such fee shall be 1 and one-
        half percent per year of such average principal amount; and
            ``(B) if the obligation will be purchased by the Federal 
        Financing Bank, be in an amount equal to 2 percent per year of 
        the average principal amount of the obligation outstanding 
        (unless such obligation is issued under section 1111 of this 
        title, in which case such fee shall be 2 and one-half percent 
        per year of such average principal amount), less any fee the 
        Federal Financing Bank customarily charges for its services 
        with respect to federally guaranteed obligations purchased by 
        it and less the amount, if any, by which the interest rate on 
        such obligation (which shall be fixed at the time the Federal 
        Financing Bank commits to purchase such obligation) exceeds the 
        current new issue rate on outstanding marketable obligations of 
        the United States of comparable maturity.
    ``(3) For everything other than fishing vessels and fishery 
facilities, such fee shall--
            ``(A) if the security for the guarantee of an obligation 
        under this title relates to a delivered vessel, not be less 
        than one-half of 1 percent per year nor more than 1 percent per 
        year of the average principal amount of such obligation 
        outstanding, excluding the average amount (except interest) on 
        deposit in an escrow fund created under section 1108 of this 
        title; and
            ``(B) if the security for the guarantee of an obligation 
        under this title relates to a vessel to be constructed, 
        reconstructed, or reconditioned, not be less than one-quarter 
        of 1 percent per year nor more than one-half of 1 percent per 
        year of the average principal amount of such obligation 
        outstanding, excluding the average amount (except interest) on 
        deposit in an escrow fund created under section 1108 of this 
        title. For the purposes of this subsection, if the security for 
        the guarantee of an obligation under this title relates both to 
        a delivered vessel or vessels and to a vessel or vessels to be 
        constructed, reconstructed, or reconditioned, the principal 
        amount of such obligation shall be prorated in accordance with 
        regulations prescribed by the Secretary. The regulations to be 
        prescribed by the Secretary under this subsection shall provide 
        a formula for determining the creditworthiness of obligors 
        under which the most creditworthy obligors pay a fee computed 
        on the lowest allowable percentage and the least creditworthy 
        obligors pay a fee which may be computed on the highest 
        allowable percentage (the range of creditworthiness to be based 
        on obligors which have actually issued guaranteed 
        obligations).''.

SEC. 305. SALE OF ACQUIRED COLLATERAL.

    Section 1104A(a)(3) of the Merchant Marine Act, 1936 (46 U.S.C. 
1274(a)(3)), is amended by inserting after ``financing'' the following: 
``(without requiring subsidy cost ceiling or other authorization under 
the Federal Credit Reform Act of 1990)''.
                                 <all>
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