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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2973 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2973

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to improve fishery management and enforcement, and fisheries data 
     collection, research, and assessment, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2000

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

_______________________________________________________________________

                                 A BILL

 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to improve fishery management and enforcement, and fisheries data 
     collection, research, and assessment, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Magnuson-Stevens Act Amendments of 
2000''.

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS ACT.

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

              TITLE I--FISHERY MANAGEMENT AND ENFORCEMENT

SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS.

    Section 302 (16 U.S.C. 1852) is amended--
            (1) by inserting ``and of the commonwealths, territories, 
        and possessions of the United States in the Caribbean Sea'' in 
        subsection (a)(1)(D) after ``States'';
            (2) by striking ``Within nine months after the date of 
        enactment of the Fishery Conservation Amendments of 1990, the'' 
        in subsection (b)(2)(A) and inserting ``The'';
            (3) by striking ``Council.'' in subsection (b)(2)(B) and 
        inserting ``Council, and representation of other knowledgeable 
        individuals who are concerned with the conservation and 
        management of such fisheries.'';
            (4) by redesignating subparagraph (D) as subparagraph (E);
            (5) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) The Secretary shall appoint the members of 
                each Council from a list of individuals submitted by 
                the Governor of each applicable constituent State. A 
                Governor may not submit the names of individuals to the 
                Secretary for appointment unless the Governor has 
                determined that each such individual is qualified under 
                the requirements of subparagraph (A) and unless the 
                Governor has, to the extent practicable, first 
                consulted regarding those individuals with 
                representatives of the commercial, recreational, and 
                other fishing or conservation interests within the 
                State. Each such list shall--
                            ``(i) include the names and pertinent 
                        biographical data of not less than 3 
                        individuals for each applicable vacancy;
                            ``(ii) be accompanied by a statement by the 
                        Governor explaining how each such individual 
                        meets the requirements of subparagraph (A); and
                            ``(iii) to facilitate balanced and fair 
                        apportionment, include no more than 2 
                        individuals that represent the same interest or 
                        sector of the fishery.
                    ``(D) The Secretary shall review each list 
                submitted by a Governor to ascertain if the individuals 
                on the list are qualified for the vacancy on the basis 
                of the requirements of subparagraph (A) and the list 
                meets the requirements of subparagraph (C). If the 
                Secretary determines that these requirements are not 
                satisfied, the Secretary shall notify the appropriate 
                Governor of that determination. The Governor shall then 
                submit a revised list or resubmit the original list 
                with an additional explanation of how the list meets 
                the requirements of this section. An individual is not 
                eligible for appointment by the Secretary until that 
                individual complies with the applicable financial 
                disclosure requirements under subsection (k).'';
            (6) by striking ``Secretary'' in subsection (d) and 
        inserting ``Secretary, and each member of a scientific and 
        statistical committee appointed under subsection (g)(1),'';
            (7) by inserting after ``plan.'' in subsection (g)(1) the 
        following: ``Each Council shall involve its scientific and 
        statistical committee on a continuing basis in the development 
        and amendment of its fishery management plan.'';
            (8) by inserting ``or disseminated by any other means that 
        will result in wide publicity'' in subsection (i)(2)(C) after 
        ``fishery)'';
            (9) by inserting after ``security,'' in subsection 
        (i)(3)(A)(ii) the following: ``selection of cooperative 
        research projects under section 408,''; and
            (10) by inserting ``or notify the public through any other 
        means that will result in wide publicity'' in subsection 
        (i)(3)(B) after ``ports)''.

SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--
            (1) by striking ``any;'' in paragraph (2) and inserting 
        ``any, and any overcapacity in the fishery determined to exist 
        under section 303 (e);'';
            (2) by inserting ``and habitat areas of particular 
        concern'' in paragraph (7) after ``habitat'' the first place it 
        occurs;
            (3) by inserting ``giving priority consideration to habitat 
        areas of particular concern'' in paragraph (7) after ``by 
        fishing,'';
            (4) by striking ``plan;'' in paragraph (8) and inserting 
        ``plan, including a description of observer coverage or any 
observer monitoring plans established in the fishery under section 
403(g), the purpose and scope of the program or plan, and the data to 
be provided under it.''; and
            (5) by striking ``fishery;'' in paragraph (10) and 
        inserting ``fishery, including the establishment of enforceable 
        controls on fishing mortality such as a total allowable catch 
        limit for the fishery;''.
    (b) Discretionary Provisions.--Section 303(b) (16 U.S.C. 1853(b)) 
is amended--
            (1) by striking ``(other than economic data)'' in paragraph 
        (7);
            (2) by striking ``and'' after the semicolon in paragraph 
        (11);
            (3) by redesignating paragraph (12) as paragraph (13);
            (4) inserting after paragraph (11) the following:
            ``(12) designate zones encompassing specific coral reef 
        habitats or other habitats sensitive to disturbance and 
        restrict actions of any vessel or motorized watercraft that 
        would adversely affect fishery resources in those zones; and''; 
        and
            (5) by striking ``fishery.'' in paragraph (13), as 
        redesignated, and inserting ``fishery, and any measures to 
        reduce or eliminate overcapacity identified under section 
        303(e) that are necessary to prevent or end overfishing or to 
        rebuild stocks of fish.''.

SEC. 103. EXCLUSIVE QUOTA-BASED PROGRAMS.

    (a) In General.--Section 303 (16 U.S.C. 1853) is amended--
            (1) by striking subsection (b)(6) and inserting the 
        following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if, in developing such system, 
        the Council and the Secretary take into account--
                    ``(A) the need to meet the conservation 
                requirements of this Act with respect to the fishery;
                    ``(B) present participation in the fishery;
                    ``(C) historical fishing practices in, and 
                dependence on, the fishery;
                    ``(D) the economics of the fishery;
                    ``(E) the capability of fishing vessels used in the 
                fishery to engage in other fisheries;
                    ``(F) the cultural and social framework relevant to 
                the fishery and any affected fishing communities;
                    ``(G) the fair and equitable distribution of a 
                public resource; and
                    ``(H) any other relevant considerations;'';
            (2) by striking so much of subsection (d) as precedes 
        paragraph (2) and inserting the following:
    ``(d) Exclusive Quota-Based Programs.--
            ``(1)(A) In addition to the requirements of section 301(a) 
        of this Act and subsections (a)(9) and (b)(6) of this section, 
        the Councils and Secretary shall ensure that any exclusive 
        quota-based program, submitted and approved--
                            ``(i) considers the need to meet the 
                        conservation requirements of this Act with 
                        respect to the fishery, including the reduction 
                        of overfishing and the minimization of bycatch 
                        and mortality of unavoidable bycatch;
                            ``(ii) establishes a fair process for 
                        equitable initial allocation of quota share, 
                        including the establishment of an appeal 
                        process for qualification and allocation 
                        decisions;
                            ``(iii) provides for effective enforcement, 
                        management, and data collection, including 
                        adequate observer coverage, of an exclusive 
                        quota-based program;
                            ``(iv) provides a mechanism, such as fees 
                        as authorized by section 304(d)(2), including 
                        the possibility of fees payable on quota 
                        transfers, to recover the costs related to 
                        enforcement, management, and data collection, 
                        including adequate observer coverage, of an 
                        exclusive quota-based program, if the 
                        assessment of such fees is proportional to the 
                        amount of quota held and fished by each quota 
                        holder;
                            ``(v) prevents any person other than a 
                        United States citizen from acquiring quota;
                            ``(vi) preserves, to the extent 
                        practicable, the historical distribution of the 
                        catch among vessel categories unless otherwise 
                        necessary to achieve the conservation 
                        requirements of this Act;
                            ``(vii) considers the allocation of a 
                        portion of the annual harvest to entry-level 
                        fishermen, small vessel owners, and crew 
                        members who do not otherwise hold or qualify 
                        for quota shares;
                            ``(viii) considers the allocation of a 
                        portion of the annual harvest only to 
                        individuals that directly participate in the 
                        fishery for which the quota is issued;
                            ``(ix) considers the effects of 
                        consolidation of quota shares and establishes 
                        any limits or measures necessary to prevent 
                        inequitable concentration of quota share or to 
                        prevent significant impacts on other fisheries 
                        or fishing communities;
                            ``(x) considers the social and economic 
                        effects of an exclusive quota-based program on 
                        relevant fishing communities and fishing 
                        processors;
                            ``(xi) establishes procedures and 
                        requirements for the periodic review and 
                        possible revision of an exclusive quota-based 
                        programs; and
                            ``(xii) sets forth a comprehensive plan to 
                        rationalize the fishery, including reduction of 
                        capacity under section 312(a).''.
            ``(B) Establishment of review committee.--
                    ``(i) Each Council, upon deciding to pursue an 
                exclusive quota-based management program for a fishery, 
                shall establish and maintain, and appoint members of, a 
                committee to make recommendations for development, 
                evaluation, and necessary changes to such programs to 
                ensure that such programs meet the requirements of this 
                Act, including the conservation requirements, and 
                intended goals for such program.
                    ``(ii) Appointments to the committee established 
                under clause (i) shall be made by each Council in such 
                a manner as to provide fair representation to all 
                groups affected by such programs, including, but not 
                limited to, commercial, recreational, and subsistence 
                fishing interests, processors, fishing communities, and 
                conservation organizations, and may not include persons 
                holding exclusive fishing quotas for any fishery under 
                the Council's jurisdiction.
                    ``(iii) Each committee shall review exclusive 
                quota-based programs every 7 years to ensure programs 
                continue to meet the requirements of this Act, 
                including the conservation requirements. Pursuant to 
                such review, the Committee shall recommend that a quota 
                be renewed, if the quota share holder is in compliance 
                with the requirements of the program and Act, or be re-
                allocated through an auction procedure if the quota 
                share holder is not meeting such requirements. In the 
case of any such reallocation, preference shall be given to those quota 
share holders that the review committee determines are providing 
additional and substantial conservation benefits to the fishery, 
including benefits relating to bycatch reduction and protection of 
essential fish habitat. Any recommendation for withdrawal or 
reallocation of quota is subject to review under the process 
established under subparagraph (A)(ii).
            ``(C) Referendum procedure.--
                    ``(i) A Council may prepare and submit a fishery 
                management plan, plan amendment, or regulation that 
                creates an exclusive quota-based program only if the 
                preparation of such plan, amendment or regulation is 
                approved in a referendum conducted under clause (ii).
                    ``(ii) The Secretary, at the request of a Council, 
                shall conduct the referenda described in clause (i). 
                Each referendum shall be decided by a three-fifths 
                majority of the votes cast by eligible permit holders. 
                The Secretary shall develop guidelines to determine 
                procedures and eligibility requirements for referenda 
                and to conduct such referenda in a fair and equitable 
                manner.''; and
            (3) by striking ``individual fishing quota'' in subsection 
        (d)(2)(A) and (B) and inserting ``exclusive quota-based'';
            (4) by striking ``individual fishing'' each place it 
        appears in subsection (d)(3) and (4) and inserting 
        ``exclusive'';
            (5) by striking ``individual fishing quota'' the first 2 
        places it appears in subsection (d)(5) and inserting 
        ``exclusive quota-based''; and
            (6) by striking ``individual fishing'' every other place it 
        appears in paragraph (5) and inserting ``exclusive''.
    (b) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by striking paragraph (21); and
            (2) by adding at the end the following:
            ``(46) The term `United States Citizen' means an individual 
        who is a citizen of the United States or a corporation, 
        partnership, association, or other entity that qualifies to 
        document a fishing vessel as a vessel of the United States 
        under chapter 121 of title 46, United States Code.
            ``(47) The term `exclusive quota-based program' means any 
        program that requires a user to acquire a Federal permit, which 
        specifies by a unit or units a percentage of the total 
        allowable catch of a fishery that may be received or held for 
        exclusive use by a person or a definable group of persons, to 
        harvest a quantity of fish, including, but not limited to, 
        community development quota programs, fishing cooperatives, and 
        individual fishing quotas.''.
    (c) Conforming Amendments.--
            (1) The following provisions are amended by striking 
        ``individual fishing quota'' and inserting ``exclusive quota-
        based'':
                    (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
                    (B) Section 304(d)(2)(A)(i) (16 U.S.C. 
                1854(d)(2)(A)(i)).
                    (C) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16 
                U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)).
            (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
        striking ``individual fishing quotas,'' and inserting 
        ``exclusive quotas,''.

SEC. 104. ACTION BY THE SECRETARY.

    Section 304 (16 U.S.C. 1854) is amended--
            (1) by inserting ``and any proposed implementing 
        regulations prepared under section 303(c)(1),'' in subsection 
        (a)(1) after ``plan amendment,'';
            (2) by redesignating subparagraphs (A) and (B) of 
        subsection (a)(1) as subparagraphs (B) and (C), respectively;
            (3) by inserting before subparagraph (B), as so 
        redesignated, of subsection (a)(1) the following:
            ``(A) immediately make a preliminary evaluation of the 
        management plan or amendment for purposes of deciding if it is 
        consistent with the national standards and sufficient in scope 
        and substance to warrant review under this subsection, and
                    ``(i) if that decision is affirmative, implement 
                subparagraphs (B) and (C) with respect to the plan or 
                amendment; or
                    ``(ii) if that decision is negative, disapprove the 
                plan or amendment and notify the Council, in writing, 
                of the disapproval and of those matters specified in 
                paragraph (3)(A), (B), and (C) as they relate to the 
                plan or amendment;'';
            (4) striking subparagraph (C), as so redesignated, of 
        subsection (a)(1) and inserting the following:
            ``(C) by the 15th day following the Secretary's receipt of 
        the plan and proposed implementing regulations, publish in the 
        Federal Register--
                    ``(i) 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 50-day period 
                beginning on the date the notice is published; and
                    ``(ii) any proposed implementing regulations that 
                are consistent with the fishery management plan or 
                amendment, this Act, and other applicable law, for a 
                comment period of 50 days (incorporating any technical 
                changes to the Council's proposed regulations the 
                Secretary believes to be necessary for clarity, 
                together with an explanation of those changes).'';
            (5) by striking ``section 303(c),'' in subsection (b)(1) 
        and inserting ``section 303(c)(2),'';
            (6) by striking ``if that determination is affirmative, the 
        Secretary shall'' in subsection (b)(1)(A) and inserting ``if 
        the Secretary determines that the regulations are consistent, 
the Secretary shall, within 15 days of transmittal,'';
            (7) by striking ``if that determination is negative, the 
        Secretary shall'' in subsection (b)(1)(B) and inserting ``if 
        the Secretary determines that the regulations are not 
        consistent, the Secretary shall, within 15 days of 
        transmittal,''; and
            (8) by striking ``paragraph (1)(A).'' in subsection (b)(3) 
        and inserting ``paragraph (1)(A), and within 45 days after the 
        end of the comment period under subsection (a)(1)(C).''.

SEC. 105. ESSENTIAL FISH HABITAT.

    Section 305(b) (16 U.S.C. 1855(b)) is amended--
            (1) by striking ``information regarding each fishery under 
        that Council's authority to assist it in the identification'' 
        in paragraph (1)(B) and inserting ``information on a continuing 
        basis regarding each fishery under that Council's authority to 
        assist it in the identification and refinement of the 
        description'';
            (2) by redesignating subparagraphs (B), (C), and (D) of 
        paragraph (1) as subparagraphs (C), (D), and (E), respectively;
            (3) by striking paragraph (1)(A) and inserting the 
        following:
            ``(1)(A) The Secretary shall establish by regulation 
        guidelines to assist the Councils in the description and 
        identification of essential fish habitat and habitat areas of 
        particular concern in fishery management plans (including 
        adverse impacts on such habitat) and in consideration of 
        actions to ensure the conservation and enhancement of such 
        habitat. In determining whether a type or area of essential 
        fish habitat is a habitat area of particular concern, the 
        Councils shall consider--
                    ``(i) the importance of the ecological function 
                provided by the habitat;
                    ``(ii) the extent to which the habitat is sensitive 
                to human-induced environmental degradation;
                    ``(iii) whether, and to what extent, development 
                activities are, or will be, stressing the habitat type; 
                and
                    ``(iv) the unique characteristics of the habitat 
                area.
            ``(B) The Secretary shall set forth a schedule for the 
        amendment of fishery management plans to include the 
        identification of essential fish habitat and habitat areas of 
        particular concern and for the review and updating of such 
        identifications based on new scientific evidence or other 
        relevant information.'';
            (4) by striking ``essential fish habitat,'' in subparagraph 
        (C) of paragraph (1), as redesignated, and inserting 
        ``essential fish habitat, and habitat areas of particular 
        concern,'';
            (5) by adding at the end of subparagraph (C) of paragraph 
        (1), as redesignated, the following: ``Such actions shall 
        provide for priority identification and protection of habitat 
        areas of particular concern, including establishment of pilot 
        research programs on fishing and other impacts to habitat areas 
        of particular concern under section 404(c) or (e).'';
            (6) by striking ``habitat.'' in subparagraph (D) of 
        paragraph (1), as redesignated, and inserting ``habitat and 
        habitat areas of particular concern.'';
            (7) by striking ``habitat.'' in subparagraph (E) of 
        paragraph (1), as redesignated, and inserting ``habitat and 
        habitat areas of particular concern.'';
            (8) by striking ``habitat'' in paragraph (2) and inserting 
        ``habitat, including habitat areas of particular concern,'';
            (9) by striking ``essential fish habitat,'' in paragraph 
        (3) and inserting ``essential fish habitat, and habitat areas 
        of particular concern,''; and
            (10) by striking ``essential fish habitat'' in paragraph 
        (4)(A) and inserting ``essential fish habitat, including 
        habitat areas of particular concern,''.

SEC. 106. COOPERATIVE ENFORCEMENT AGREEMENTS.

    Section 311 (16 U.S.C. 1861) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Cooperative Enforcement Uses.--
            ``(1) In general.--The Governor of a State represented on 
        an Interstate Fisheries Commission may apply to the Secretary 
        for execution of a cooperative enforcement agreement with the 
        Secretary that will authorize the deputization of State law 
        enforcement officers with marine law enforcement 
        responsibilities to perform duties of the Secretary relating to 
        law enforcement provisions under this Act or any other marine 
        resource laws enforced by the Secretary. Upon receiving an 
        application meeting the requirements of this section, the 
        Secretary shall enter into the cooperative enforcement 
        agreement with the requesting State.
            ``(2) Requirements.--Cooperative enforcement agreements 
        executed under paragraph (1)--
                    ``(A) shall be consistent with the purposes and 
                intent of subsection (a), to the extent applicable to 
                the regulated activities; and
                    ``(B) may include specifications for joint 
                management responsibilities as provided by the first 
                section of Public Law 91-412 (15 U.S.C. 1525).
            ``(3) Allocation of funds.--The Secretary shall include in 
        each cooperative enforcement agreement an allocation of funds 
        to assist in management of the agreement. The allocation shall 
        be equitably distributed among all States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of the specific marine conservation 
        enforcement needs of each participating State. Such agreement 
        may provide for amounts to be withheld by the Secretary for the 
        cost of any technical or other assistance provided to the State 
        by the Secretary under the agreement.''.

SEC. 107. BYCATCH.

    (a) Report on Implementation of Standardized Reporting 
Methodology.--The Secretary of Commerce shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Resources within a year after the date of 
enactment of this Act, and annually thereafter for the next 5 years, on 
the progress made in implementing the requirements of section 
303(a)(11) of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1853(a)(11)).
    (b) Bycatch Task Force.--
            (1) Establishment of task force on bycatch.--The Secretary 
        of Commerce shall establish a task force comprised of 
        interested parties to study and report on recommendations to 
        manage bycatch (as defined in section 3(2) of the Magnuson-
        Stevens Fishery Conservation Act (16 U.S.C. 1802(2)) and 
        unobserved fishing mortality.
            (2) Task force membership.--The task force shall consist of 
        not more than 20 individuals and include balanced 
        representation from Regional Fishery Management Councils 
        established under section 302 of that Act (16 U.S.C. 1852), 
        States, the commercial and recreational fishing industries, 
        conservation organizations, and others with expertise in the 
        management of marine resources.
            (3) Report.--Within 1 year after the date of enactment of 
        this Act, the Secretary shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Resources of the House of Representatives a 
        completed report of the panel established under this section 
        which shall address--
                    (A) the development and implementation of a 
                standardized system to monitor the magnitude and 
                character of bycatch and unobserved fishing mortality 
                in all fisheries, including recommendations for 
                standardization of the collection of bycatch data;
                    (B) the population, ecosystem, social, and economic 
                impacts of bycatch and unobserved fishing mortality, 
                and methods to improve our knowledge of such impacts;
                    (C) the ability of current conservation and 
                management measures to reduce bycatch and unobserved 
                fishing mortality, and recommendations for improved 
                measures;
                    (D) the enforcement of, and compliance with, 
                measures to reduce bycatch and unobserved fishing 
                mortality, and recommendations to improve enforcement 
                and compliance;
                    (E) the effectiveness of existing federal 
                partnerships with fishermen, scientists, 
                conservationists, and other interested groups to 
                address bycatch and unobserved fishing mortality 
                issues, and recommendations to improve such 
                partnerships; and
                    (F) such other matters as the task force deems 
                appropriate.
            (4) Implementation plan to be sent to congress.--The 
        Secretary shall provide to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Resources an implementation plan for the report's 
        recommendations within 6 months of the date of its submission. 
        The plan shall include an estimate of national and regional 
        funding and other resource needs, as well as recommended 
        sources of such research.
            (5) FACA does not apply.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to the task force.
    (c) Bycatch Incentives Program.--Title III (16 U.S.C. 1851 et seq.) 
is amended by adding at the end the following:

``SEC. 315. BYCATCH REDUCTION INCENTIVES.

    ``(a) In General.--Notwithstanding section 304(d), each Council 
shall submit, and the Secretary may approve, consistent with the 
provisions of this Act, a system of incentives to reduce bycatch and 
bycatch rates in fisheries under its jurisdiction with documented and 
verified high bycatch rates not addressed by existing management 
measures, including--
            ``(1) a system of fines, not in excess of $25,000 per 
        vessel per season;
            ``(2) measures to incorporate bycatch into catch quotas; or
            ``(3) measures to promote the use of gear or to provide 
        preferences to harvesters who adopt the use of gear with 
        verifiable and monitored low bycatch rates.
    ``(b) Disposition of Fines.--Any fines collected under a system 
established under subsection (a) shall be deposited in the Fishery 
Observer Fund established under section 403(h) for use in the fishery 
from which such fines were derived.
    ``(c) Bycatch Allocation.--
            ``(1) In general.--Notwithstanding section 303(d), and in 
        addition to the authority provided in section 303(b)(10), a 
        Council may submit, and the Secretary may approve, conservation 
        and management measures which provide allocations of bycatch to 
        individual fishing vessels as an incentive to reduce per vessel 
        bycatch and bycatch rates in a fishery if--
                    ``(A) enforceable limits are placed on the transfer 
                of such allocations for monetary consideration and the 
                allocations are made only on an annual basis;
                    ``(B) any such conservation and management measures 
                meet the requirements of section 303 and will result in 
                an actual reduction in bycatch in the fishery.
            ``(2) Additional restrictions.--A Council may submit 
        restrictions in addition to the restriction imposed by 
        paragraph (1)(A) on the transferability of any such 
        allocations, and the Secretary may approve such 
        recommendation.''.
    (d) Definition of Bycatch.--Section 3(2) (16 U.S.C. 1802(2)) is 
amended by striking ``discards.'' and inserting ``discards, and sea 
birds that are caught incidentally in a fishery in harvesting fish.''.

SEC. 108. ECOSYSTEM PLANS.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 106 of 
this Act, is further amended by adding at the end the following:

``SEC. 316. FISHERY ECOSYSTEM PLANS.

    ``(a) In General.--Each Council shall, within 18 months after the 
date of issuance of guidelines required under subsection (c), prepare 
and submit to the Secretary a fishery ecosystem plan for a marine 
ecosystem under its jurisdiction. If portions of an ecosystem are 
within the jurisdictions of adjacent Councils, the Councils may jointly 
prepare a plan for the ecosystem if both elect such ecosystem for their 
fishery ecosystem plan. The Councils shall develop such ecosystem plans 
in consultation with the Secretary using a process consistent with the 
fishery management plan process under section 304.
    ``(b) Plan Requirements.--Each fishery ecosystem plan shall, to the 
extent practicable--
            ``(1) define the geographic extent of the ecosystem and its 
        connectivity to other ecosystems;
            ``(2) describe the ecosystem;
            ``(3) establish overarching ecosystem goals and objectives 
        for the plan;
            ``(4) describe the general strategy or approach, such as 
        the type of management measures, that will be used to achieve 
        goals and objectives;
            ``(5) address information needs including reporting 
        requirements for the fishery and needs for at sea observers;
            ``(6) consider area-based fishery management, such as 
        fishing gear restrictions in areas where essential fish 
        habitat, including habitat areas of particular concern, is 
        sensitive to such gear, and marine protected areas;
            ``(7) identify multispecies interactions (either resulting 
        from predator-prey interactions or bycatch) and how they should 
        be taken into account in management of fisheries for the 
        species involved in the interactions; and
            ``(8) serve as a framework for fishery management plans 
        that apply to any of the stocks or stock complexes within the 
        geographic area of the plan.
    ``(c) Guidelines.--The Secretary, in consultation with the Councils 
and scientists with expertise relevant to the development of fishery 
ecosystem plans, shall develop guidelines for the preparation of 
fishery ecosystem plans and issue the guidelines within 18 months after 
the date of enactment of the Magnuson-Stevens Amendments Act of 2000.
    ``(d) Technical Assistance.--Prior to the development of ecosystem 
plans, the Secretary shall provide all Council members with basic 
instruction in ecological principles to aid in the development of 
fishery ecosystem plans.
    ``(e) Council Report.--Within 9 months after the date the Secretary 
approves an ecoysystem management plan submitted pursuant to subsection 
(a), each Council shall submit to the Secretary a report describing any 
fishery management plans or plan amendments required to address or 
otherwise conform with the applicable fishery ecosystem plan.''.

SEC. 109. FISHERY MANAGEMENT PROCESS REVIEW.

  The National Academy of Sciences, in consultation with 
internationally and regionally recognized fishery experts, shall within 
1 year after the date of enactment of this Act make recommendations to 
the Congress on legislative and other measures to improve the Federal 
fishery management process under the Magnuson-Stevens Fishery 
Conservation and Management Act, including a review of, and 
recommendations for, the roles and responsibilities of the Regional 
Fishery Management Councils and the Secretary of Commerce for--
            (1) allocation among fishery participants;
            (2) design and development of fishery management 
        alternatives;
            (3) long-term planning for the biological and economic 
        management of the fishery; and
            (4) establishment of conservation objectives and biological 
        limits for the fishery.
The recommendations shall specify any institutional or structural 
changes determined to be necessary for effective conservation and 
management of Federal fishery resources.

     TITLE II--FISHERIES DATA COLLECTION, RESEARCH, AND ASSESSMENT

SEC. 201. FISHERIES OUTREACH PROGRAM; IMPROVING SCIENTIFIC INFORMATION.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.), as amended by 
section 107 of this Act, is further amended by adding at the end the 
following:

``SEC. 317. REGIONAL FISHERIES OUTREACH; SCIENTIFIC INFORMATION.

    ``(a) In General.--The Secretary shall establish a regional 
fisheries outreach program within the Fisheries Service to foster 
understanding and practical use of knowledge and technical expertise 
relevant to living marine resources. In establishing the program, the 
Secretary shall, in cooperation with the National Sea Grant College 
Program and the Regional Fishery Management Councils, develop a 
comprehensive effort to improve communication, education, and outreach 
to fishing communities, the fishing industry, the conservation 
community and interested members of the public at the regional, state, 
and local levels.
    ``(b) Program Elements.--The program shall--
            ``(1) establish a program of demonstrations, workshops, 
        townhall and industry and other non-scientific meetings for 
        public understanding of Fisheries Service research, technology, 
        or other information relating to the conservation and 
        management of fishery and other living marine resources;
            ``(2) establish outreach programs and procedures designed 
        to improve the transparency and accessibility of fishery stock 
        assessments to the public, including dissemination of 
        explanatory materials through the Internet;
            ``(3) provide periodic training of Council members, staff, 
        and advisory committee members on implementation of National 
        Standards 1 and 8 and the requirements of National 
        Environmental Protection Act and chapter 6 of title 5, United 
        States Code;
            ``(4) identify, with the fishing industry, methods of 
        improving collection, quality, and reporting of fishery 
        dependent data;
            ``(5) study the response of the regulated industry to 
        fishery management regulations and develop management 
        approaches that consider such behavior;
            ``(6) foster communications and technology-transfer 
        programs among regions to improve fish conservation and 
        management;
            ``(7) establish means of communicating information to the 
        general public in an accessible and understandable form 
        (including web-based communications); and
            ``(8) develop partnerships with other agencies, academic 
        institutions, and other entities to meet the purposes of this 
        section.
    ``(c) 7-Year Review of Data Collection and Assessment Methods.--The 
Secretary shall, commencing 180 days after the date of enactment of the 
Magnuson-Stevens Act Amendments of 2000 and annually every 7 years 
thereafter, conduct an independent peer review of fishery management 
methods under this Act, including--
            ``(1) survey sampling methods (including gear) used in the 
        collection of fishery and fishery-independent data;
            ``(2) stock assessment procedures;
            ``(3) risk assessment and management strategies; and
            ``(4) an evaluation of the need to develop new assessment, 
        survey, and collection techniques designed to accommodate 
        incomplete or variable data or to evaluate or forecast effects 
        of environmental fluctuations on fisheries.
    ``(d) Center for Independent Peer Review.--
            ``(1) Establishment.--The Secretary shall establish a 
        Center for Independent Peer Review program, to be administered 
        under contract by a qualified and independent third party, to 
        identify and provide independent peer review experts for 
        reviews of fishery science and management measures.
            ``(2) Purpose.--The Center shall provide peer reviewers 
        upon request as determined by the Secretary.
            ``(3) Conflict-of-interest requirements.--The Secretary 
        shall establish appropriate conflict-of-interest disclosure 
        requirements for participation in the program to ensure 
        independent and unbiased reviews. In order to be a participant 
        in the program, an individual shall meet the conflict of 
        interest disclosure requirements established by the Secretary 
        for the program.
            ``(4) Compensation; reimbursement of costs.--Reviewers 
        provided by the Center shall be compensated at a rate 
        determined by the Center who are not otherwise officers or 
        employees of the United States may be compensated at a rate 
        determined by the Center.
            ``(5) FACA does not apply.--The Federal Advisory Committee 
        Act shall not apply to the reviews under this subsection.
    ``(e) Cooperative Marine Education and Research.--For the purpose 
of developing adequate, coordinated, cooperative research and training 
programs for living marine resources, the Secretary may establish a 
Cooperative Marine Education and Research Program. Under this program 
the Secretary is authorized to enter into cooperative agreements with 
universities and institutions of higher learning in order to conduct 
basic research in areas that support conservation and management of 
living marine resources. Research conducted under this program may 
include biological research concerning the abundance and life history 
parameters of stocks of fish, the interdependence of fisheries or 
stocks of fish and other ecosystem components, and the linkages between 
fish habitat and fish production or abundance.''.

SEC. 202. SOCIOECONOMIC INFORMATION COLLECTION.

    Section 402 (16 U.S.C. 1881a) is amended--
            (1) by striking ``(other than information that would 
        disclose proprietary or confidential commercial or financial 
        information regarding fishing operations or fish processing 
        operations)'' each place it appears in subsection (a);
            (2) by striking ``under this Act shall be confidential and 
        shall not be disclosed,'' in subsection (b)(1) and inserting 
        ``under this Act, and that would disclose proprietary or 
        confidential commercial or financial information regarding 
        fishing operations or fish processing operations, shall be kept 
        confidential and not disclosed for a period of 10 years 
        following the year of submission to the Secretary,''; and
            (3) by striking ``under this Act,'' in subsection (b)(2) 
        and inserting ``under this Act, and that would disclose 
        proprietary or confidential commercial or financial information 
        regarding fishing operations or fish processing operations,''.

SEC. 203. NATIONAL OBSERVER PROGRAM.

    Section 403 (16 U.S.C. 1881b) is amended--
            (1) by redesignating subsections (a), (b), and (c) as 
        subsections (c), (d), and (e), respectively;
            (2) by inserting before subsection (c), as redesignated, 
        the following:
    ``(a) National Observer Program.--Within 1 year after the date of 
enactment of the Magnuson-Stevens Act Amendments of 2000 the Secretary 
shall establish a National Observer Program to administer the 
Secretary's responsibilities under this section and to provide 
technical assistance to the fishery management councils under 
subsection (g).
    ``(b) Qualifications of Observers.--The Secretary shall develop 
guidelines for minimum qualifications that observers must meet before 
being hired by the Secretary or by any observer service provider.''; 
and
            (3) by adding at the end the following:
    ``(f) Adequacy of Coverage and Participation.--The Secretary shall 
evaluate levels of observer coverage and means of increasing the 
effectiveness of observers and deployment design. The Secretary shall 
establish, in consultation with the Councils, means of encouraging 
representative participation of fishing vessels in observer programs, 
including allowance of additional catch to vessels carrying observers 
for the cost of carrying such observers.
    ``(g) Observer Monitoring Plans.--
            ``(1) In general.--Each Council may prepare, in 
        consultation with the Secretary, or the Secretary may prepare, 
        a fishery monitoring plan for any fishery managed under laws 
        administered by the Secretary of Commerce that--
                    ``(A) requires 1 or more observers to be stationed, 
                in accordance with the guidelines for placement of 
                observers developed under this section or section 
303(b)(8), on fishing vessels engaged in catching, taking, or 
harvesting fish and on United States fish processors fishing for, or 
processing, species managed under laws administered by the Secretary of 
Commerce for the purpose of collecting data necessary for the 
conservation, management, and scientific understanding of any fishery 
managed under laws administered by the Secretary;
                    ``(B) is reasonably calculated--
                            ``(i) to gather reliable data, by 
                        stationing observers on all, or a statistically 
                        reliable sample of, the fishing vessels and 
                        United States fish processors included in the 
                        plan, necessary for the conservation, 
                        management, and scientific understanding of the 
                        fisheries covered by the plan;
                            ``(ii) to be fair and equitable to all 
                        vessels and processors;
                            ``(iii) to be consistent with applicable 
                        provisions of law; and
                            ``(iv) to take into consideration the 
                        operating requirements of the fisheries and the 
                        safety of observers and fishermen; and
                    ``(C) establishes a funding mechanism, whether a 
                system of fees or other cost recovery mechanism, that 
                cover the cost of a monitoring plan.
            ``(2) Plan requirements.--A monitoring plan prepared under 
        this subsection shall--
                    ``(A) provide that the funds collected under this 
                section will not exceed the sum of the costs of 
                establishing and maintaining the observer programs, 
                stationing observers on board the vessels and 
                processors, and of processing and evaluating the 
                collected data reduced by any amount received for such 
                purposes from another source or from an existing 
                surplus in the Fishery Observer Fund established by 
                subsection (h);
                    ``(B) provide a means of determining whether all 
                participants in the fishery are being treated fairy and 
                equitably;
                    ``(C) not be used to offset amounts authorized 
                under other provisions of law;
                    ``(D) provide for assessments against all fishing 
                vessels and United States fish processors participating 
                in the fishery for which the plan was developed, 
                including those not required to carry an observer under 
                the plan;
                    ``(E) provide that funds collected will be 
                deposited in the Fishery Observer Fund established by 
                subsection (h);
                    ``(F) provide that funds collected will be used 
                only to implement and evaluate the monitoring plan for 
                the fisheries from which the funds were collected, 
                except that up to 5 percent of the amounts deposited in 
                the Fund may be used by the Secretary to support 
                national or multi-region observer program activities;
                    ``(G) exclude contractual agreements made directly 
                between a fishing vessel and any nongovernment, for-
                profit observer provider company; and
                    ``(H) meet the requirements of section 9701(b) of 
                title 31, United States Code.
            ``(3) Gifts, etc.--The Secretary may solicit, accept, 
        receive, hold, administer, and use gifts, devises, and bequests 
        for the purpose of carrying out this section.
    ``(h) Fishery Observer Fund.--There is established in the Treasury 
a Fishery Observer Fund, within which there is a separate subaccount 
for each of the 8 regions for which Fishery Management Councils are 
established by section 302(a). The Fund shall be available, without 
appropriation or fiscal year limitation, to the Secretary for the 
purpose of carrying out the provisions of subsection (g). The Fund 
shall consist of all monies deposited into it in accordance with this 
section, section 315(b)(a), and any amounts appropriated for the 
purpose of this section. To the extent that an amount is attributable 
to one of the 8 regions, it shall be credited to the subaccount for 
that region. Sums not currently needed for the purposes of this section 
shall be kept on deposit or invested in obligations of, or guaranteed 
by, the United States.''.
    (c) Conforming Amendment.--Section 313(d) (16 U.S.C. 1862(d)) is 
amended by adding at the end the following: ``After the date of 
enactment of the Magnuson-Stevens Act Amendments of 2000--
            ``(1) the Fund established by this subsection shall be 
        converted to a subaccount of the Fishery Observer Fund 
        established by section 403(h) of this Act; and
            ``(2) any reference in this section, or any other law, 
        regulation, or document, to the North Pacific Fishery Observer 
        Fund is deemed to be a reference to the subaccount described in 
        paragraph (1).''.

SEC. 204. FISHERIES RESEARCH.

    (a) Cooperative Research and Management Program.--Title IV (16 
U.S.C. 1881 et seq.) is amended by adding at the end the following:

``SEC. 408. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    ``(a) In General.--The Secretary, in consultation with the 
Councils, shall establish a national cooperative research and 
management program to address needs identified under section 404(b) and 
section 303(a)(8). The program shall make funds available for 
cooperative research and management activities that are developed 
through partnerships among Federal and State managers and scientists, 
fishing industry participants, and educational institutions.
    ``(b) Eligible projects.--The Secretary shall make funds available 
under the program for the support of projects to address critical needs 
identified by the Secretary in consultation with the Councils that 
pertain to the collection and analysis of fishery data and information, 
including data on landings, fishing effort, life history parameters, 
biology, habitat, economics and social sciences, including those 
information needs identified pursuant to section 401 or the development 
of measures to promote innovative or cooperative management of 
fisheries. In making funds available the Secretary shall give priority 
to the following projects:
            ``(1) Projects to assess the amount and type of bycatch 
        occurring in a fishery.
            ``(2) Conservation engineering projects designed to reduce 
        bycatch, minimize mortality of bycatch, or minimize fishery 
        impacts on essential fish habitat.
            ``(3) Projects for the identification, conservation, or 
        restoration of essential fish habitats or habitat areas of 
        particular concern.
            ``(4) Projects designed to identify ecosystem effects of 
        fishing, to monitor marine ecosystem trends and dynamics, or to 
        link climate forecasts to stock assessments or otherwise 
        explore ecosystem-based approaches to governance.
            ``(5) Projects designed to collect and compile economic and 
        social data, including data to evaluate the long-term impact of 
        conservation and management measures on fishing communities and 
        data to evaluate economic motivation of harvesters.
    ``(c) Selection of Projects.--Each research project shall be 
awarded by the Secretary on a competitive basis under procedures 
established by the Secretary in consultation with the Councils. To the 
extent practicable, the projects selected should collectively conform 
to a coherent program of research leading to solving priority programs. 
Each Council shall establish a research steering committee to carry out 
this section.
    ``(d) Experimental Permitting Process.--The Secretary, in 
consultation with the Councils, shall establish an expedited permitting 
process for projects approved under this section.
    ``(e) Guidelines.--The Secretary, in consultation with the 
appropriate Council, shall establish guidelines to ensure that 
participation in a research project funded under this section does not 
result in loss of a participant's catch history or unexpended days-at-
sea as part of a limited entry system.''.
    (b) Research Priorities.--Section 404(b) (16 U.S.C. 1881c(b)) is 
amended--
            (1) by striking ``testing;'' in paragraph (3) and inserting 
        ``testing and identification of research priorities;''
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) identify funding requirements for such research;''.

SEC. 205. DATA PROTOCOLS AND COMPATIBILITY.

    Section 401 (16 U.S.C. 1881) is amended by adding at the end the 
following:
    ``(h) Data Protocols and Compatibility.--As part of the fishery 
information system developed under subsection (c), the Secretary shall, 
in consultation with the Councils--
            ``(1) develop and publish a standardized data collection 
        protocol and required data elements for commercial fisheries 
        data nationwide; and
            ``(2) ensure compatibility of fishery data with data from 
        other sources, particularly, data that may be used in ecosystem 
        management of fisheries or identification of essential fish 
        habitat.''.

SEC. 206. ACQUISITION OF FISHERY SURVEY VESSELS.

    (a) In General.--The Secretary of Commerce, subject to the 
availability of appropriations, may in accordance with this section 
acquire, by purchase, lease, lease-purchase, or charter, and equip up 
to six fishery survey vessels in accordance with this section.
    (b) Vessel Requirements.--Any vessel acquired and equipped under 
this section must--
            (1) be capable of--
                    (A) staying at sea continuously for at least 30 
                days;
                    (B) conducting fishery population surveys using 
                hydroacoustic, longlining, deep water, and pelagic 
                trawls, and other necessary survey techniques; and
                    (C) conducting other work necessary to provide 
                fishery managers with the accurate and timely data 
                needed to prepare and implement fishery management 
                plans; and
            (2) have a hull that meets the International Council for 
        Exploration of the Sea standard regarding acoustic quietness.

                     TITLE III--CAPACITY REDUCTION

SEC. 301. CAPACITY REDUCTION.

    (a) In General.--Section 303 (16 U.S.C. 1853) is amended by adding 
at the end the following:
    ``(e) Capacity Reduction.--Within 1 year after the date of 
enactment of the Magnuson-Stevens Act Amendments of 2000 the National 
Marine Fisheries Service, in consultation with each fishery management 
Council, shall evaluate and identify the extent of overcapacity in each 
commercial fishery designated as overfished or approaching the 
condition of being overfished under section 404(e), and specify 
measures taken or required to be taken to reduce or eliminate such 
overcapacity or economic dependence on the fishery, including measures 
taken under section 312. Information developed under this subsection 
shall be identified and considered in the fishery impact statement 
submitted for each fishery management plan under section 303(a)(9). 
Measures used to determine overcapacity under this subsection shall be 
based on the recommendations of the Study on Federal Investment under 
section 116(b) of the Sustainable Fisheries Act (16 U.S.C. 1861a 
nt.).''.
    (b) Latent Capacity.--Section 312(b)(1)(B)(i) (16 U.S.C. 
312(b)(1)(B)(i)) is amended by inserting ``identify and address latent 
capacity and'' after ``will''.
    (c) Amendments of Merchant Marine Act, 1936.--
            (1) Fishery finance program amendment.--Section 1104A(a)(7) 
        of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is 
        amended by striking ``(16 U.S.C. 1853(d)(4)).'' and inserting 
        ``(16 U.S.C. 1853(d)(4)), or for activities that assist in the 
        transition to reduced fleets, or for technologies or upgrades 
        designed to improve collection and reporting of fishery-
        dependent data, to reduce bycatch, to improve selectivity or 
        reduce adverse impacts of fishing gear, or to increase vessel 
        safety.''.
            (2) Expansion of purposes for qualified withdrawals.--
        Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. 
        App. 1177(f)(1)) is amended--
                    (A) by striking ``for:'' and inserting 
                ``for--'';
                    (B) by striking ``vessel,'' in subparagraph (A) and 
                inserting ``vessel;'';
                    (C) by striking ``vessel, or'' in subparagraph (B) 
                and inserting ``vessel;'';
                    (D) by striking ``vessel.'' in subparagraph (C) and 
                inserting ``vessel;''; and
                    (E) by inserting after subparagraph (C) the 
                following:
                    ``(D) in the case of any person for whose benefit 
                the fund was established and who participates in the 
                fishing capacity reduction program under section 312 of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a)--
                            ``(i) if such person remains in the 
                        fishery, the satisfaction of any debt 
                        obligation undertaken pursuant to such program; 
                        and
                            ``(ii) if such person withdraws 1 or more 
                        vessels from the fishery, the substitution of 
                        amounts the person would otherwise receive 
                        under such program for such person's vessel or 
                        permit to engage in the fishery; and
                    ``(E) the repair, maintenance, or upgrade of an 
                eligible vessel or its equipment for the purpose of--
                            ``(i) making conservation engineering 
                        changes to reduce bycatch, improve selectivity 
                        of fishing gear, or reduce adverse impacts of 
                        fishing gear;
                            ``(ii) improving vessel safety; or
                            ``(iii) acquiring, installing, or upgrading 
                        equipment to improve collection, reporting, or 
                        accuracy of fishery data.''.

                       TITLE IV--REAUTHORIZATION

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1803) is amended--
            (1) by inserting ``(a) Fiscal Year Amounts.--'' before 
        ``There'';
            (2) by striking paragraphs (1) through (4) and inserting 
        the following:
            ``(1) $415,000,000 for fiscal year 2001;
            ``(2) $430,000,000 for fiscal year 2002;
            ``(3) $445,000,000 for fiscal year 2003;
            ``(4) $460,000,000 for fiscal year 2004; and
            ``(5) $475,000,000 for fiscal year 2005.''; and
            (3) by adding at the end the following:
    ``(b) Allocations.--
            ``(1) Fiscal year 2001.--From the amount authorized for 
        fiscal year 2001, the following amounts are authorized:
                    ``(A) For the Councils established by section 302, 
                $25,000,000.
                    ``(B) For activity related to essential fish 
                habitat under section 305(b), $20,000,000.
                    ``(C) For the buyback program under section 312(b), 
                $20,000,000.
                    ``(D) For fishery ecosystem plans under section 
                316, $15,000,000.
                    ``(E) For the outreach program under section 317, 
                $10,000,000.
                    ``(F) For the Independent Peer Review Program under 
                section 317(e), $5,000,000.
                    ``(G) For the observer program under section 404, 
                $20,000,000.
                    ``(H) For the cooperative research program under 
                section 408, $35,000,000.
                    ``(I) For the collection of data to meet 
                requirements of National Standard No. 8, $10,000,000.
            ``(2) Annual adjustment.--The amounts allocated by 
        paragraph (1) shall each be increased for each of the fiscal 
        years 2002 through 2005 by the same ratio by which amounts 
        authorized by subsection (a) for each of those years are 
        increased.
            ``(3) Fishery survey vessels; fishery information 
        systems.--From the amount authorized by subsection (a), there 
        shall be allocated--
                    ``(A) $60,000,000 for each of fiscal years 2002, 
                2003, and 2004 for Fishery Research Vessels authorized 
                by section 206; and
                    ``(B) $50,000,000 for each fiscal year for fishery 
                information systems under section 401(c).''.
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