II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Magnuson-Stevens Act

5 Amendments of 2000’’.

6 SEC. 2. AMENDMENT OF MAGNUSON-STEVENS ACT.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Magnuson-Stevens Fish4 ery Conservation and Management Act (16 U.S.C. 1801

5 et seq.).

6 TITLE I—FISHERY MANAGE7 MENT AND ENFORCEMENT

8 SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS.

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

10 (1) by inserting ‘‘and of the commonwealths,

11 territories, and possessions of the United States in

12 the Caribbean Sea’’ in subsection (a)(1)(D) after

13 ‘‘States’’;

14 (2) by striking ‘‘Within nine months after the

15 date of enactment of the Fishery Conservation

16 Amendments of 1990, the’’ in subsection (b)(2)(A)

17 and inserting ‘‘The’’;

18 (3) by striking ‘‘Council.’’ in subsection

19 (b)(2)(B) and inserting ‘‘Council, and representation

20 of other knowledgeable individuals who are con21 cerned with the conservation and management of

22 such fisheries.’’;

23 (4) by redesignating subparagraph (D) as sub24 paragraph (E);
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1 (5) by striking subparagraph (C) and inserting

2 the following:

3 ‘‘(C) The Secretary shall appoint the mem4 bers of each Council from a list of individuals

5 submitted by the Governor of each applicable

6 constituent State. A Governor may not submit

7 the names of individuals to the Secretary for

8 appointment unless the Governor has deter9 mined that each such individual is qualified

10 under the requirements of subparagraph (A)

11 and unless the Governor has, to the extent

12 practicable, first consulted regarding those indi13 viduals with representatives of the commercial,

14 recreational, and other fishing or conservation

15 interests within the State. Each such list

16 shall—

17 ‘‘(i) include the names and pertinent

18 biographical data of not less than 3 indi19 viduals for each applicable vacancy;

20 ‘‘(ii) be accompanied by a statement

21 by the Governor explaining how each such

22 individual meets the requirements of sub23 paragraph (A); and

24 ‘‘(iii) to facilitate balanced and fair

25 apportionment, include no more than 2 in-
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1 dividuals that represent the same interest

2 or sector of the fishery.

3 ‘‘(D) The Secretary shall review each list

4 submitted by a Governor to ascertain if the in5 dividuals on the list are qualified for the va6 cancy on the basis of the requirements of sub7 paragraph (A) and the list meets the require8 ments of subparagraph (C). If the Secretary de9 termines that these requirements are not satis10 fied, the Secretary shall notify the appropriate

11 Governor of that determination. The Governor

12 shall then submit a revised list or resubmit the

13 original list with an additional explanation of

14 how the list meets the requirements of this sec15 tion. An individual is not eligible for appoint16 ment by the Secretary until that individual

17 complies with the applicable financial disclosure

18 requirements under subsection (k).’’;

19 (6) by striking ‘‘Secretary’’ in subsection (d)

20 and inserting ‘‘Secretary, and each member of a sci21 entific and statistical committee appointed under

22 subsection (g)(1),’’;

23 (7) by inserting after ‘‘plan.’’ in subsection

24 (g)(1) the following: ‘‘Each Council shall involve its

25 scientific and statistical committee on a continuing
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1 basis in the development and amendment of its fish2 ery management plan.’’;

3 (8) by inserting ‘‘or disseminated by any other

4 means that will result in wide publicity’’ in sub5 section (i)(2)(C) after ‘‘fishery)’’;

6 (9) by inserting after ‘‘security,’’ in subsection

7 (i)(3)(A)(ii) the following: ‘‘selection of cooperative

8 research projects under section 408,’’; and

9 (10) by inserting ‘‘or notify the public through

10 any other means that will result in wide publicity’’

11 in subsection (i)(3)(B) after ‘‘ports)’’.

12 SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS.

13 (a) REQUIRED PROVISIONS.—Section 303(a) (16

14 U.S.C. 1853(a)) is amended—

15 (1) by striking ‘‘any;’’ in paragraph (2) and in16 serting ‘‘any, and any overcapacity in the fishery de17 termined to exist under section 303 (e);’’;

18 (2) by inserting ‘‘and habitat areas of par19 ticular concern’’ in paragraph (7) after ‘‘habitat’’

20 the first place it occurs;

21 (3) by inserting ‘‘giving priority consideration

22 to habitat areas of particular concern’’ in paragraph

23 (7) after ‘‘by fishing,’’;

24 (4) by striking ‘‘plan;’’ in paragraph (8) and in25 serting ‘‘plan, including a description of observer
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1 coverage or any observer monitoring plans estab2 lished in the fishery under section 403(g), the pur3 pose and scope of the program or plan, and the data

4 to be provided under it.’’; and

5 (5) by striking ‘‘fishery;’’ in paragraph (10)

6 and inserting ‘‘fishery, including the establishment

7 of enforceable controls on fishing mortality such as

8 a total allowable catch limit for the fishery;’’.

9 (b) DISCRETIONARY PROVISIONS.—Section 303(b)

10 (16 U.S.C. 1853(b)) is amended—

11 (1) by striking ‘‘(other than economic data)’’ in

12 paragraph (7);

13 (2) by striking ‘‘and’’ after the semicolon in

14 paragraph (11);

15 (3) by redesignating paragraph (12) as para16 graph (13);

17 (4) inserting after paragraph (11) the following:

18 ‘‘(12) designate zones encompassing specific

19 coral reef habitats or other habitats sensitive to dis20 turbance and restrict actions of any vessel or motor21 ized watercraft that would adversely affect fishery

22 resources in those zones; and’’; and

23 (5) by striking ‘‘fishery.’’ in paragraph (13), as

24 redesignated, and inserting ‘‘fishery, and any meas25 ures to reduce or eliminate overcapacity identified
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1 under section 303(e) that are necessary to prevent

2 or end overfishing or to rebuild stocks of fish.’’.

3 SEC. 103. EXCLUSIVE QUOTA-BASED PROGRAMS.

4 (a) IN GENERAL.—Section 303 (16 U.S.C. 1853) is

5 amended—

6 (1) by striking subsection (b)(6) and inserting

7 the following:

8 ‘‘(6) establish a limited access system for the

9 fishery in order to achieve optimum yield if, in devel10 oping such system, the Council and the Secretary

11 take into account—

12 ‘‘(A) the need to meet the conservation re13 quirements of this Act with respect to the fish14 ery;

15 ‘‘(B) present participation in the fishery;

16 ‘‘(C) historical fishing practices in, and de17 pendence on, the fishery;

18 ‘‘(D) the economics of the fishery;

19 ‘‘(E) the capability of fishing vessels used

20 in the fishery to engage in other fisheries;

21 ‘‘(F) the cultural and social framework rel22 evant to the fishery and any affected fishing

23 communities;

24 ‘‘(G) the fair and equitable distribution of

25 a public resource; and
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1 ‘‘(H) any other relevant considerations;’’;

2 (2) by striking so much of subsection (d) as

3 precedes paragraph (2) and inserting the following:

4 ‘‘(d) EXCLUSIVE QUOTA-BASED PROGRAMS.—

5 ‘‘(1)(A) In addition to the requirements of sec6 tion 301(a) of this Act and subsections (a)(9) and

7 (b)(6) of this section, the Councils and Secretary

8 shall ensure that any exclusive quota-based program,

9 submitted and approved—

10 ‘‘(i) considers the need to meet the

11 conservation requirements of this Act with

12 respect to the fishery, including the reduc13 tion of overfishing and the minimization of

14 bycatch and mortality of unavoidable by15 catch;

16 ‘‘(ii) establishes a fair process for eq17 uitable initial allocation of quota share, in18 cluding the establishment of an appeal

19 process for qualification and allocation de20 cisions;

21 ‘‘(iii) provides for effective enforce22 ment, management, and data collection, in23 cluding adequate observer coverage, of an

24 exclusive quota-based program;
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1 ‘‘(iv) provides a mechanism, such as

2 fees as authorized by section 304(d)(2), in3 cluding the possibility of fees payable on

4 quota transfers, to recover the costs re5 lated to enforcement, management, and

6 data collection, including adequate observer

7 coverage, of an exclusive quota-based pro8 gram, if the assessment of such fees is pro9 portional to the amount of quota held and

10 fished by each quota holder;

11 ‘‘(v) prevents any person other than a

12 United States citizen from acquiring quota;

13 ‘‘(vi) preserves, to the extent prac14 ticable, the historical distribution of the

15 catch among vessel categories unless other16 wise necessary to achieve the conservation

17 requirements of this Act;

18 ‘‘(vii) considers the allocation of a

19 portion of the annual harvest to entry-level

20 fishermen, small vessel owners, and crew

21 members who do not otherwise hold or

22 qualify for quota shares;

23 ‘‘(viii) considers the allocation of a

24 portion of the annual harvest only to indi-
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1 viduals that directly participate in the fish2 ery for which the quota is issued;

3 ‘‘(ix) considers the effects of consoli4 dation of quota shares and establishes any

5 limits or measures necessary to prevent in6 equitable concentration of quota share or

7 to prevent significant impacts on other

8 fisheries or fishing communities;

9 ‘‘(x) considers the social and economic

10 effects of an exclusive quota-based pro11 gram on relevant fishing communities and

12 fishing processors;

13 ‘‘(xi) establishes procedures and re14 quirements for the periodic review and pos15 sible revision of an exclusive quota-based

16 programs; and

17 ‘‘(xii) sets forth a comprehensive plan

18 to rationalize the fishery, including reduc19 tion of capacity under section 312(a).’’.

20 ‘‘(B) ESTABLISHMENT OF REVIEW COM21 MITTEE.—

22 ‘‘(i) Each Council, upon deciding to pursue

23 an exclusive quota-based management program

24 for a fishery, shall establish and maintain, and

25 appoint members of, a committee to make rec-
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1 ommendations for development, evaluation, and

2 necessary changes to such programs to ensure

3 that such programs meet the requirements of

4 this Act, including the conservation require5 ments, and intended goals for such program.

6 ‘‘(ii) Appointments to the committee estab7 lished under clause (i) shall be made by each

8 Council in such a manner as to provide fair rep9 resentation to all groups affected by such pro10 grams, including, but not limited to, commer11 cial, recreational, and subsistence fishing inter12 ests, processors, fishing communities, and con13 servation organizations, and may not include

14 persons holding exclusive fishing quotas for any

15 fishery under the Council’s jurisdiction.

16 ‘‘(iii) Each committee shall review exclu17 sive quota-based programs every 7 years to en18 sure programs continue to meet the require19 ments of this Act, including the conservation re20 quirements. Pursuant to such review, the Com21 mittee shall recommend that a quota be re22 newed, if the quota share holder is in compli23 ance with the requirements of the program and

24 Act, or be re-allocated through an auction pro25 cedure if the quota share holder is not meeting
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1 such requirements. In the case of any such re2 allocation, preference shall be given to those

3 quota share holders that the review committee

4 determines are providing additional and sub5 stantial conservation benefits to the fishery, in6 cluding benefits relating to bycatch reduction

7 and protection of essential fish habitat. Any

8 recommendation for withdrawal or reallocation

9 of quota is subject to review under the process

10 established under subparagraph (A)(ii).

11 ‘‘(C) REFERENDUM PROCEDURE.—

12 ‘‘(i) A Council may prepare and submit a

13 fishery management plan, plan amendment, or

14 regulation that creates an exclusive quota-based

15 program only if the preparation of such plan,

16 amendment or regulation is approved in a ref17 erendum conducted under clause (ii).

18 ‘‘(ii) The Secretary, at the request of a

19 Council, shall conduct the referenda described

20 in clause (i). Each referendum shall be decided

21 by a three-fifths majority of the votes cast by

22 eligible permit holders. The Secretary shall de23 velop guidelines to determine procedures and

24 eligibility requirements for referenda and to
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1 conduct such referenda in a fair and equitable

2 manner.’’; and

3 (3) by striking ‘‘individual fishing quota’’ in

4 subsection (d)(2)(A) and (B) and inserting ‘‘exclu5 sive quota-based’’;

6 (4) by striking ‘‘individual fishing’’ each place

7 it appears in subsection (d)(3) and (4) and inserting

8 ‘‘exclusive’’;

9 (5) by striking ‘‘individual fishing quota’’ the

10 first 2 places it appears in subsection (d)(5) and in11 serting ‘‘exclusive quota-based’’; and

12 (6) by striking ‘‘individual fishing’’ every other

13 place it appears in paragraph (5) and inserting ‘‘ex14 clusive’’.

15 (b) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is

16 amended—

17 (1) by striking paragraph (21); and

18 (2) by adding at the end the following:

19 ‘‘(46) The term ‘United States Citizen’ means

20 an individual who is a citizen of the United States

21 or a corporation, partnership, association, or other

22 entity that qualifies to document a fishing vessel as

23 a vessel of the United States under chapter 121 of

24 title 46, United States Code.
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1 ‘‘(47) The term ‘exclusive quota-based program’

2 means any program that requires a user to acquire

3 a Federal permit, which specifies by a unit or units

4 a percentage of the total allowable catch of a fishery

5 that may be received or held for exclusive use by a

6 person or a definable group of persons, to harvest a

7 quantity of fish, including, but not limited to, com8 munity development quota programs, fishing co9 operatives, and individual fishing quotas.’’.

10 (c) CONFORMING AMENDMENTS.—

11 (1) The following provisions are amended by

12 striking ‘‘individual fishing quota’’ and inserting

13 ‘‘exclusive quota-based’’:

14 (A) Section 304(c)(3) (16 U.S.C.

15 1854(c)(3)).

16 (B) Section 304(d)(2)(A)(i) (16 U.S.C.

17 1854(d)(2)(A)(i)).

18 (C) Section 402(b)(1)(D) (16 U.S.C.

19 1881a(b)(1)(D)).

20 (D) Section 407(a)(1)(D), (c)(1), and

21 (c)(2)(B) (16 U.S.C. 1883(a)(1)(D), (c)(1), and

22 (c)(2)(B)).

23 (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is

24 amended by striking ‘‘individual fishing quotas,’’

25 and inserting ‘‘exclusive quotas,’’.
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1 SEC. 104. ACTION BY THE SECRETARY.

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

3 (1) by inserting ‘‘and any proposed imple4 menting regulations prepared under section

5 303(c)(1),’’ in subsection (a)(1) after ‘‘plan amend6 ment,’’;

7 (2) by redesignating subparagraphs (A) and

8 (B) of subsection (a)(1) as subparagraphs (B) and

9 (C), respectively;

10 (3) by inserting before subparagraph (B), as so

11 redesignated, of subsection (a)(1) the following:

12 ‘‘(A) immediately make a preliminary evalua13 tion of the management plan or amendment for pur14 poses of deciding if it is consistent with the national

15 standards and sufficient in scope and substance to

16 warrant review under this subsection, and

17 ‘‘(i) if that decision is affirmative, imple18 ment subparagraphs (B) and (C) with respect

19 to the plan or amendment; or

20 ‘‘(ii) if that decision is negative, disapprove

21 the plan or amendment and notify the Council,

22 in writing, of the disapproval and of those mat23 ters specified in paragraph (3)(A), (B), and (C)

24 as they relate to the plan or amendment;’’;
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1 (4) striking subparagraph (C), as so redesig2 nated, of subsection (a)(1) and inserting the fol3 lowing:

4 ‘‘(C) by the 15th day following the Secretary’s

5 receipt of the plan and proposed implementing regu6 lations, publish in the Federal Register—

7 ‘‘(i) a notice stating that the plan or

8 amendment is available and that written data,

9 views, or comments of interested persons on the

10 plan or amendment may be submitted to the

11 Secretary during the 50-day period beginning

12 on the date the notice is published; and

13 ‘‘(ii) any proposed implementing regula14 tions that are consistent with the fishery man15 agement plan or amendment, this Act, and

16 other applicable law, for a comment period of

17 50 days (incorporating any technical changes to

18 the Council’s proposed regulations the Sec19 retary believes to be necessary for clarity, to20 gether with an explanation of those changes).’’;

21 (5) by striking ‘‘section 303(c),’’ in subsection

22 (b)(1) and inserting ‘‘section 303(c)(2),’’;

23 (6) by striking ‘‘if that determination is affirm24 ative, the Secretary shall’’ in subsection (b)(1)(A)

25 and inserting ‘‘if the Secretary determines that the
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1 regulations are consistent, the Secretary shall, with2 in 15 days of transmittal,’’;

3 (7) by striking ‘‘if that determination is nega4 tive, the Secretary shall’’ in subsection (b)(1)(B)

5 and inserting ‘‘if the Secretary determines that the

6 regulations are not consistent, the Secretary shall,

7 within 15 days of transmittal,’’; and

8 (8) by striking ‘‘paragraph (1)(A).’’ in sub9 section (b)(3) and inserting ‘‘paragraph (1)(A), and

10 within 45 days after the end of the comment period

11 under subsection (a)(1)(C).’’.

12 SEC. 105. ESSENTIAL FISH HABITAT.

13 Section 305(b) (16 U.S.C. 1855(b)) is amended—

14 (1) by striking ‘‘information regarding each

15 fishery under that Council’s authority to assist it in

16 the identification’’ in paragraph (1)(B) and inserting

17 ‘‘information on a continuing basis regarding each

18 fishery under that Council’s authority to assist it in

19 the identification and refinement of the description’’;

20 (2) by redesignating subparagraphs (B), (C),

21 and (D) of paragraph (1) as subparagraphs (C),

22 (D), and (E), respectively;

23 (3) by striking paragraph (1)(A) and inserting

24 the following:
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1 ‘‘(1)(A) The Secretary shall establish by regula2 tion guidelines to assist the Councils in the descrip3 tion and identification of essential fish habitat and

4 habitat areas of particular concern in fishery man5 agement plans (including adverse impacts on such

6 habitat) and in consideration of actions to ensure

7 the conservation and enhancement of such habitat.

8 In determining whether a type or area of essential

9 fish habitat is a habitat area of particular concern,

10 the Councils shall consider—

11 ‘‘(i) the importance of the ecological func12 tion provided by the habitat;

13 ‘‘(ii) the extent to which the habitat is sen14 sitive to human-induced environmental degrada15 tion;

16 ‘‘(iii) whether, and to what extent, develop17 ment activities are, or will be, stressing the

18 habitat type; and

19 ‘‘(iv) the unique characteristics of the habi20 tat area.

21 ‘‘(B) The Secretary shall set forth a schedule

22 for the amendment of fishery management plans to

23 include the identification of essential fish habitat

24 and habitat areas of particular concern and for the

25 review and updating of such identifications based on
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1 new scientific evidence or other relevant informa2 tion.’’;

3 (4) by striking ‘‘essential fish habitat,’’ in sub4 paragraph (C) of paragraph (1), as redesignated,

5 and inserting ‘‘essential fish habitat, and habitat

6 areas of particular concern,’’;

7 (5) by adding at the end of subparagraph (C)

8 of paragraph (1), as redesignated, the following:

9 ‘‘Such actions shall provide for priority identification

10 and protection of habitat areas of particular con11 cern, including establishment of pilot research pro12 grams on fishing and other impacts to habitat areas

13 of particular concern under section 404(c) or (e).’’;

14 (6) by striking ‘‘habitat.’’ in subparagraph (D)

15 of paragraph (1), as redesignated, and inserting

16 ‘‘habitat and habitat areas of particular concern.’’;

17 (7) by striking ‘‘habitat.’’ in subparagraph (E)

18 of paragraph (1), as redesignated, and inserting

19 ‘‘habitat and habitat areas of particular concern.’’;

20 (8) by striking ‘‘habitat’’ in paragraph (2) and

21 inserting ‘‘habitat, including habitat areas of par22 ticular concern,’’;

23 (9) by striking ‘‘essential fish habitat,’’ in para24 graph (3) and inserting ‘‘essential fish habitat, and

25 habitat areas of particular concern,’’; and
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1 (10) by striking ‘‘essential fish habitat’’ in

2 paragraph (4)(A) and inserting ‘‘essential fish habi3 tat, including habitat areas of particular concern,’’.

4 SEC. 106. COOPERATIVE ENFORCEMENT AGREEMENTS.

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

6 (1) by redesignating subsection (f) as sub7 section (g); and

8 (2) by inserting after subsection (e) the fol9 lowing:

10 ‘‘(f) COOPERATIVE ENFORCEMENT USES.—

11 ‘‘(1) IN GENERAL.—The Governor of a State

12 represented on an Interstate Fisheries Commission

13 may apply to the Secretary for execution of a coop14 erative enforcement agreement with the Secretary

15 that will authorize the deputization of State law en16 forcement officers with marine law enforcement re17 sponsibilities to perform duties of the Secretary re18 lating to law enforcement provisions under this Act

19 or any other marine resource laws enforced by the

20 Secretary. Upon receiving an application meeting the

21 requirements of this section, the Secretary shall

22 enter into the cooperative enforcement agreement

23 with the requesting State.

24 ‘‘(2) REQUIREMENTS.—Cooperative enforce25 ment agreements executed under paragraph (1)—
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1 ‘‘(A) shall be consistent with the purposes

2 and intent of subsection (a), to the extent appli3 cable to the regulated activities; and

4 ‘‘(B) may include specifications for joint

5 management responsibilities as provided by the

6 first section of Public Law 91–412 (15 U.S.C.

7 1525).

8 ‘‘(3) ALLOCATION OF FUNDS.—The Secretary

9 shall include in each cooperative enforcement agree10 ment an allocation of funds to assist in management

11 of the agreement. The allocation shall be equitably

12 distributed among all States participating in cooper13 ative enforcement agreements under this subsection,

14 based upon consideration of the specific marine con15 servation enforcement needs of each participating

16 State. Such agreement may provide for amounts to

17 be withheld by the Secretary for the cost of any

18 technical or other assistance provided to the State

19 by the Secretary under the agreement.’’.

20 SEC. 107. BYCATCH.

21 (a) REPORT ON IMPLEMENTATION OF STANDARD22 IZED REPORTING METHODOLOGY.—The Secretary of

23 Commerce shall report to the Senate Committee on Com24 merce, Science, and Transportation and the House of Rep25 resentatives Committee on Resources within a year after
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1 the date of enactment of this Act, and annually thereafter

2 for the next 5 years, on the progress made in imple3 menting the requirements of section 303(a)(11) of the

4 Magnuson-Stevens Fishery Conservation and Manage5 ment Act (16 U.S.C. 1853(a)(11)).

6 (b) BYCATCH TASK FORCE.—

7 (1) ESTABLISHMENT OF TASK FORCE ON BY8 CATCH.—The Secretary of Commerce shall establish

9 a task force comprised of interested parties to study

10 and report on recommendations to manage bycatch

11 (as defined in section 3(2) of the Magnuson-Stevens

12 Fishery Conservation Act (16 U.S.C. 1802(2)) and

13 unobserved fishing mortality.

14 (2) TASK FORCE MEMBERSHIP.—The task force

15 shall consist of not more than 20 individuals and in16 clude balanced representation from Regional Fishery

17 Management Councils established under section 302

18 of that Act (16 U.S.C. 1852), States, the commer19 cial and recreational fishing industries, conservation

20 organizations, and others with expertise in the man21 agement of marine resources.

22 (3) REPORT.—Within 1 year after the date of

23 enactment of this Act, the Secretary shall submit to

24 the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Re-
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1 sources of the House of Representatives a completed

2 report of the panel established under this section

3 which shall address—

4 (A) the development and implementation of

5 a standardized system to monitor the mag6 nitude and character of bycatch and unobserved

7 fishing mortality in all fisheries, including rec8 ommendations for standardization of the collec9 tion of bycatch data;

10 (B) the population, ecosystem, social, and

11 economic impacts of bycatch and unobserved

12 fishing mortality, and methods to improve our

13 knowledge of such impacts;

14 (C) the ability of current conservation and

15 management measures to reduce bycatch and

16 unobserved fishing mortality, and recommenda17 tions for improved measures;

18 (D) the enforcement of, and compliance

19 with, measures to reduce bycatch and

20 unobserved fishing mortality, and recommenda21 tions to improve enforcement and compliance;

22 (E) the effectiveness of existing federal

23 partnerships with fishermen, scientists, con24 servationists, and other interested groups to ad25 dress bycatch and unobserved fishing mortality
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1 issues, and recommendations to improve such

2 partnerships; and

3 (F) such other matters as the task force

4 deems appropriate.

5 (4) IMPLEMENTATION PLAN TO BE SENT TO

6 CONGRESS.—The Secretary shall provide to the Sen7 ate Committee on Commerce, Science, and Trans8 portation and the House of Representatives Com9 mittee on Resources an implementation plan for the

10 report’s recommendations within 6 months of the

11 date of its submission. The plan shall include an es12 timate of national and regional funding and other

13 resource needs, as well as recommended sources of

14 such research.

15 (5) FACA DOES NOT APPLY.—The Federal Ad16 visory Committee Act (5 U.S.C. App.) shall not

17 apply to the task force.

18 (c) BYCATCH INCENTIVES PROGRAM.—Title III (16

19 U.S.C. 1851 et seq.) is amended by adding at the end

20 the following:

21 ‘‘SEC. 315. BYCATCH REDUCTION INCENTIVES.

22 ‘‘(a) IN GENERAL.—Notwithstanding section 304(d),

23 each Council shall submit, and the Secretary may approve,

24 consistent with the provisions of this Act, a system of in25 centives to reduce bycatch and bycatch rates in fisheries
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1 under its jurisdiction with documented and verified high

2 bycatch rates not addressed by existing management

3 measures, including—

4 ‘‘(1) a system of fines, not in excess of $25,000

5 per vessel per season;

6 ‘‘(2) measures to incorporate bycatch into catch

7 quotas; or

8 ‘‘(3) measures to promote the use of gear or to

9 provide preferences to harvesters who adopt the use

10 of gear with verifiable and monitored low bycatch

11 rates.

12 ‘‘(b) DISPOSITION OF FINES.—Any fines collected

13 under a system established under subsection (a) shall be

14 deposited in the Fishery Observer Fund established under

15 section 403(h) for use in the fishery from which such fines

16 were derived.

17 ‘‘(c) BYCATCH ALLOCATION.—

18 ‘‘(1) IN GENERAL.—Notwithstanding section

19 303(d), and in addition to the authority provided in

20 section 303(b)(10), a Council may submit, and the

21 Secretary may approve, conservation and manage22 ment measures which provide allocations of bycatch

23 to individual fishing vessels as an incentive to reduce

24 per vessel bycatch and bycatch rates in a fishery if—
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1 ‘‘(A) enforceable limits are placed on the

2 transfer of such allocations for monetary con3 sideration and the allocations are made only on

4 an annual basis;

5 ‘‘(B) any such conservation and manage6 ment measures meet the requirements of sec7 tion 303 and will result in an actual reduction

8 in bycatch in the fishery.

9 ‘‘(2) ADDITIONAL RESTRICTIONS.—A Council

10 may submit restrictions in addition to the restriction

11 imposed by paragraph (1)(A) on the transferability

12 of any such allocations, and the Secretary may ap13 prove such recommendation.’’.

14 (d) DEFINITION OF BYCATCH.—Section 3(2) (16

15 U.S.C. 1802(2)) is amended by striking ‘‘discards.’’ and

16 inserting ‘‘discards, and sea birds that are caught inciden17 tally in a fishery in harvesting fish.’’.

18 SEC. 108. ECOSYSTEM PLANS.

19 Title III (16 U.S.C. 1851 et seq.), as amended by

20 section 106 of this Act, is further amended by adding at

21 the end the following:

22 ‘‘SEC. 316. FISHERY ECOSYSTEM PLANS.

23 ‘‘(a) IN GENERAL.—Each Council shall, within 18

24 months after the date of issuance of guidelines required

25 under subsection (c), prepare and submit to the Secretary
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1 a fishery ecosystem plan for a marine ecosystem under its

2 jurisdiction. If portions of an ecosystem are within the ju3 risdictions of adjacent Councils, the Councils may jointly

4 prepare a plan for the ecosystem if both elect such eco5 system for their fishery ecosystem plan. The Councils shall

6 develop such ecosystem plans in consultation with the Sec7 retary using a process consistent with the fishery manage8 ment plan process under section 304.

9 ‘‘(b) PLAN REQUIREMENTS.—Each fishery ecosystem

10 plan shall, to the extent practicable—

11 ‘‘(1) define the geographic extent of the eco12 system and its connectivity to other ecosystems;

13 ‘‘(2) describe the ecosystem;

14 ‘‘(3) establish overarching ecosystem goals and

15 objectives for the plan;

16 ‘‘(4) describe the general strategy or approach,

17 such as the type of management measures, that will

18 be used to achieve goals and objectives;

19 ‘‘(5) address information needs including re20 porting requirements for the fishery and needs for at

21 sea observers;

22 ‘‘(6) consider area-based fishery management,

23 such as fishing gear restrictions in areas where es24 sential fish habitat, including habitat areas of par-
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1 ticular concern, is sensitive to such gear, and marine

2 protected areas;

3 ‘‘(7) identify multispecies interactions (either

4 resulting from predator-prey interactions or bycatch)

5 and how they should be taken into account in man6 agement of fisheries for the species involved in the

7 interactions; and

8 ‘‘(8) serve as a framework for fishery manage9 ment plans that apply to any of the stocks or stock

10 complexes within the geographic area of the plan.

11 ‘‘(c) GUIDELINES.—The Secretary, in consultation

12 with the Councils and scientists with expertise relevant to

13 the development of fishery ecosystem plans, shall develop

14 guidelines for the preparation of fishery ecosystem plans

15 and issue the guidelines within 18 months after the date

16 of enactment of the Magnuson-Stevens Amendments Act

17 of 2000.

18 ‘‘(d) TECHNICAL ASSISTANCE.—Prior to the develop19 ment of ecosystem plans, the Secretary shall provide all

20 Council members with basic instruction in ecological prin21 ciples to aid in the development of fishery ecosystem plans.

22 ‘‘(e) COUNCIL REPORT.—Within 9 months after the

23 date the Secretary approves an ecoysystem management

24 plan submitted pursuant to subsection (a), each Council

25 shall submit to the Secretary a report describing any fish-
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1 ery management plans or plan amendments required to

2 address or otherwise conform with the applicable fishery

3 ecosystem plan.’’.

4 SEC. 109. FISHERY MANAGEMENT PROCESS REVIEW.

5 The National Academy of Sciences, in consultation with

6 internationally and regionally recognized fishery experts,

7 shall within 1 year after the date of enactment of this Act

8 make recommendations to the Congress on legislative and

9 other measures to improve the Federal fishery manage10 ment process under the Magnuson-Stevens Fishery Con11 servation and Management Act, including a review of, and

12 recommendations for, the roles and responsibilities of the

13 Regional Fishery Management Councils and the Secretary

14 of Commerce for—

15 (1) allocation among fishery participants;

16 (2) design and development of fishery manage17 ment alternatives;

18 (3) long-term planning for the biological and

19 economic management of the fishery; and

20 (4) establishment of conservation objectives and

21 biological limits for the fishery.

22 The recommendations shall specify any institutional or

23 structural changes determined to be necessary for effective

24 conservation and management of Federal fishery re25 sources.
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1 TITLE II—FISHERIES DATA COL2 LECTION, RESEARCH, AND AS3 SESSMENT

4 SEC. 201. FISHERIES OUTREACH PROGRAM; IMPROVING

5 SCIENTIFIC INFORMATION.

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

7 as amended by section 107 of this Act, is further amended

8 by adding at the end the following:

9 ‘‘SEC. 317. REGIONAL FISHERIES OUTREACH; SCIENTIFIC

10 INFORMATION.

11 ‘‘(a) IN GENERAL.—The Secretary shall establish a

12 regional fisheries outreach program within the Fisheries

13 Service to foster understanding and practical use of knowl14 edge and technical expertise relevant to living marine re15 sources. In establishing the program, the Secretary shall,

16 in cooperation with the National Sea Grant College Pro17 gram and the Regional Fishery Management Councils, de18 velop a comprehensive effort to improve communication,

19 education, and outreach to fishing communities, the fish20 ing industry, the conservation community and interested

21 members of the public at the regional, state, and local lev22 els.

23 ‘‘(b) PROGRAM ELEMENTS.—The program shall—

24 ‘‘(1) establish a program of demonstrations,

25 workshops, townhall and industry and other non-sci-
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1 entific meetings for public understanding of Fish2 eries Service research, technology, or other informa3 tion relating to the conservation and management of

4 fishery and other living marine resources;

5 ‘‘(2) establish outreach programs and proce6 dures designed to improve the transparency and ac7 cessibility of fishery stock assessments to the public,

8 including dissemination of explanatory materials

9 through the Internet;

10 ‘‘(3) provide periodic training of Council mem11 bers, staff, and advisory committee members on im12 plementation of National Standards 1 and 8 and the

13 requirements of National Environmental Protection

14 Act and chapter 6 of title 5, United States Code;

15 ‘‘(4) identify, with the fishing industry, methods

16 of improving collection, quality, and reporting of

17 fishery dependent data;

18 ‘‘(5) study the response of the regulated indus19 try to fishery management regulations and develop

20 management approaches that consider such behav21 ior;

22 ‘‘(6) foster communications and technology23 transfer programs among regions to improve fish

24 conservation and management;
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1 ‘‘(7) establish means of communicating infor2 mation to the general public in an accessible and un3 derstandable form (including web-based communica4 tions); and

5 ‘‘(8) develop partnerships with other agencies,

6 academic institutions, and other entities to meet the

7 purposes of this section.

8 ‘‘(c) 7-YEAR REVIEW OF DATA COLLECTION AND AS9 SESSMENT METHODS.—The Secretary shall, commencing

10 180 days after the date of enactment of the Magnuson11 Stevens Act Amendments of 2000 and annually every 7

12 years thereafter, conduct an independent peer review of

13 fishery management methods under this Act, including—

14 ‘‘(1) survey sampling methods (including gear)

15 used in the collection of fishery and fishery-inde16 pendent data;

17 ‘‘(2) stock assessment procedures;

18 ‘‘(3) risk assessment and management strate19 gies; and

20 ‘‘(4) an evaluation of the need to develop new

21 assessment, survey, and collection techniques de22 signed to accommodate incomplete or variable data

23 or to evaluate or forecast effects of environmental

24 fluctuations on fisheries.

25 ‘‘(d) CENTER FOR INDEPENDENT PEER REVIEW.—
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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall es2 tablish a Center for Independent Peer Review pro3 gram, to be administered under contract by a quali4 fied and independent third party, to identify and

5 provide independent peer review experts for reviews

6 of fishery science and management measures.

7 ‘‘(2) PURPOSE.—The Center shall provide peer

8 reviewers upon request as determined by the Sec9 retary.

10 ‘‘(3) CONFLICT-OF-INTEREST REQUIRE11 MENTS.—The Secretary shall establish appropriate

12 conflict-of-interest disclosure requirements for par13 ticipation in the program to ensure independent and

14 unbiased reviews. In order to be a participant in the

15 program, an individual shall meet the conflict of in16 terest disclosure requirements established by the

17 Secretary for the program.

18 ‘‘(4) COMPENSATION; REIMBURSEMENT OF

19 COSTS.—Reviewers provided by the Center shall be

20 compensated at a rate determined by the Center who

21 are not otherwise officers or employees of the United

22 States may be compensated at a rate determined by

23 the Center.
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1 ‘‘(5) FACA DOES NOT APPLY.—The Federal

2 Advisory Committee Act shall not apply to the re3 views under this subsection.

4 ‘‘(e) COOPERATIVE MARINE EDUCATION AND RE5 SEARCH.—For the purpose of developing adequate, coordi6 nated, cooperative research and training programs for liv7 ing marine resources, the Secretary may establish a Coop8 erative Marine Education and Research Program. Under

9 this program the Secretary is authorized to enter into co10 operative agreements with universities and institutions of

11 higher learning in order to conduct basic research in areas

12 that support conservation and management of living ma13 rine resources. Research conducted under this program

14 may include biological research concerning the abundance

15 and life history parameters of stocks of fish, the inter16 dependence of fisheries or stocks of fish and other eco17 system components, and the linkages between fish habitat

18 and fish production or abundance.’’.

19 SEC. 202. SOCIOECONOMIC INFORMATION COLLECTION.

20 Section 402 (16 U.S.C. 1881a) is amended—

21 (1) by striking ‘‘(other than information that

22 would disclose proprietary or confidential commercial

23 or financial information regarding fishing operations

24 or fish processing operations)’’ each place it appears

25 in subsection (a);
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1 (2) by striking ‘‘under this Act shall be con2 fidential and shall not be disclosed,’’ in subsection

3 (b)(1) and inserting ‘‘under this Act, and that would

4 disclose proprietary or confidential commercial or fi5 nancial information regarding fishing operations or

6 fish processing operations, shall be kept confidential

7 and not disclosed for a period of 10 years following

8 the year of submission to the Secretary,’’; and

9 (3) by striking ‘‘under this Act,’’ in subsection

10 (b)(2) and inserting ‘‘under this Act, and that would

11 disclose proprietary or confidential commercial or fi12 nancial information regarding fishing operations or

13 fish processing operations,’’.

14 SEC. 203. NATIONAL OBSERVER PROGRAM.

15 Section 403 (16 U.S.C. 1881b) is amended—

16 (1) by redesignating subsections (a), (b), and

17 (c) as subsections (c), (d), and (e), respectively;

18 (2) by inserting before subsection (c), as redes19 ignated, the following:

20 ‘‘(a) NATIONAL OBSERVER PROGRAM.—Within 1

21 year after the date of enactment of the Magnuson-Stevens

22 Act Amendments of 2000 the Secretary shall establish a

23 National Observer Program to administer the Secretary’s

24 responsibilities under this section and to provide technical
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1 assistance to the fishery management councils under sub2 section (g).

3 ‘‘(b) QUALIFICATIONS OF OBSERVERS.—The Sec4 retary shall develop guidelines for minimum qualifications

5 that observers must meet before being hired by the Sec6 retary or by any observer service provider.’’; and

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

8 ‘‘(f) ADEQUACY OF COVERAGE AND PARTICIPA9 TION.—The Secretary shall evaluate levels of observer cov10 erage and means of increasing the effectiveness of observ11 ers and deployment design. The Secretary shall establish,

12 in consultation with the Councils, means of encouraging

13 representative participation of fishing vessels in observer

14 programs, including allowance of additional catch to ves15 sels carrying observers for the cost of carrying such ob16 servers.

17 ‘‘(g) OBSERVER MONITORING PLANS.—

18 ‘‘(1) IN GENERAL.—Each Council may prepare,

19 in consultation with the Secretary, or the Secretary

20 may prepare, a fishery monitoring plan for any fish21 ery managed under laws administered by the Sec22 retary of Commerce that—

23 ‘‘(A) requires 1 or more observers to be

24 stationed, in accordance with the guidelines for

25 placement of observers developed under this
37

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1 section or section 303(b)(8), on fishing vessels

2 engaged in catching, taking, or harvesting fish

3 and on United States fish processors fishing

4 for, or processing, species managed under laws

5 administered by the Secretary of Commerce for

6 the purpose of collecting data necessary for the

7 conservation, management, and scientific under8 standing of any fishery managed under laws ad9 ministered by the Secretary;

10 ‘‘(B) is reasonably calculated—

11 ‘‘(i) to gather reliable data, by sta12 tioning observers on all, or a statistically

13 reliable sample of, the fishing vessels and

14 United States fish processors included in

15 the plan, necessary for the conservation,

16 management, and scientific understanding

17 of the fisheries covered by the plan;

18 ‘‘(ii) to be fair and equitable to all

19 vessels and processors;

20 ‘‘(iii) to be consistent with applicable

21 provisions of law; and

22 ‘‘(iv) to take into consideration the

23 operating requirements of the fisheries and

24 the safety of observers and fishermen; and
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1 ‘‘(C) establishes a funding mechanism,

2 whether a system of fees or other cost recovery

3 mechanism, that cover the cost of a monitoring

4 plan.

5 ‘‘(2) PLAN REQUIREMENTS.—A monitoring

6 plan prepared under this subsection shall—

7 ‘‘(A) provide that the funds collected under

8 this section will not exceed the sum of the costs

9 of establishing and maintaining the observer

10 programs, stationing observers on board the

11 vessels and processors, and of processing and

12 evaluating the collected data reduced by any

13 amount received for such purposes from an14 other source or from an existing surplus in the

15 Fishery Observer Fund established by sub16 section (h);

17 ‘‘(B) provide a means of determining

18 whether all participants in the fishery are being

19 treated fairy and equitably;

20 ‘‘(C) not be used to offset amounts author21 ized under other provisions of law;

22 ‘‘(D) provide for assessments against all

23 fishing vessels and United States fish proc24 essors participating in the fishery for which the
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1 plan was developed, including those not re2 quired to carry an observer under the plan;

3 ‘‘(E) provide that funds collected will be

4 deposited in the Fishery Observer Fund estab5 lished by subsection (h);

6 ‘‘(F) provide that funds collected will be

7 used only to implement and evaluate the moni8 toring plan for the fisheries from which the

9 funds were collected, except that up to 5 per10 cent of the amounts deposited in the Fund may

11 be used by the Secretary to support national or

12 multi-region observer program activities;

13 ‘‘(G) exclude contractual agreements made

14 directly between a fishing vessel and any non15 government, for-profit observer provider com16 pany; and

17 ‘‘(H) meet the requirements of section

18 9701(b) of title 31, United States Code.

19 ‘‘(3) GIFTS, ETC.—The Secretary may solicit,

20 accept, receive, hold, administer, and use gifts, de21 vises, and bequests for the purpose of carrying out

22 this section.

23 ‘‘(h) FISHERY OBSERVER FUND.—There is estab24 lished in the Treasury a Fishery Observer Fund, within

25 which there is a separate subaccount for each of the 8
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1 regions for which Fishery Management Councils are estab2 lished by section 302(a). The Fund shall be available,

3 without appropriation or fiscal year limitation, to the Sec4 retary for the purpose of carrying out the provisions of

5 subsection (g). The Fund shall consist of all monies depos6 ited into it in accordance with this section, section

7 315(b)(a), and any amounts appropriated for the purpose

8 of this section. To the extent that an amount is attrib9 utable to one of the 8 regions, it shall be credited to the

10 subaccount for that region. Sums not currently needed for

11 the purposes of this section shall be kept on deposit or

12 invested in obligations of, or guaranteed by, the United

13 States.’’.

14 (c) CONFORMING AMENDMENT.—Section 313(d) (16

15 U.S.C. 1862(d)) is amended by adding at the end the fol16 lowing: ‘‘After the date of enactment of the Magnuson17 Stevens Act Amendments of 2000—

18 ‘‘(1) the Fund established by this subsection

19 shall be converted to a subaccount of the Fishery

20 Observer Fund established by section 403(h) of this

21 Act; and

22 ‘‘(2) any reference in this section, or any other

23 law, regulation, or document, to the North Pacific

24 Fishery Observer Fund is deemed to be a reference

25 to the subaccount described in paragraph (1).’’.
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1 SEC. 204. FISHERIES RESEARCH.

2 (a) COOPERATIVE RESEARCH AND MANAGEMENT

3 PROGRAM.—Title IV (16 U.S.C. 1881 et seq.) is amended

4 by adding at the end the following:

5 ‘‘SEC. 408. COOPERATIVE RESEARCH AND MANAGEMENT

6 PROGRAM.

7 ‘‘(a) IN GENERAL.—The Secretary, in consultation

8 with the Councils, shall establish a national cooperative

9 research and management program to address needs iden10 tified under section 404(b) and section 303(a)(8). The

11 program shall make funds available for cooperative re12 search and management activities that are developed

13 through partnerships among Federal and State managers

14 and scientists, fishing industry participants, and edu15 cational institutions.

16 ‘‘(b) ELIGIBLE PROJECTS.—The Secretary shall

17 make funds available under the program for the support

18 of projects to address critical needs identified by the Sec19 retary in consultation with the Councils that pertain to

20 the collection and analysis of fishery data and information,

21 including data on landings, fishing effort, life history pa22 rameters, biology, habitat, economics and social sciences,

23 including those information needs identified pursuant to

24 section 401 or the development of measures to promote

25 innovative or cooperative management of fisheries. In
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1 making funds available the Secretary shall give priority

2 to the following projects:

3 ‘‘(1) Projects to assess the amount and type of

4 bycatch occurring in a fishery.

5 ‘‘(2) Conservation engineering projects designed

6 to reduce bycatch, minimize mortality of bycatch, or

7 minimize fishery impacts on essential fish habitat.

8 ‘‘(3) Projects for the identification, conserva9 tion, or restoration of essential fish habitats or habi10 tat areas of particular concern.

11 ‘‘(4) Projects designed to identify ecosystem ef12 fects of fishing, to monitor marine ecosystem trends

13 and dynamics, or to link climate forecasts to stock

14 assessments or otherwise explore ecosystem-based

15 approaches to governance.

16 ‘‘(5) Projects designed to collect and compile

17 economic and social data, including data to evaluate

18 the long-term impact of conservation and manage19 ment measures on fishing communities and data to

20 evaluate economic motivation of harvesters.

21 ‘‘(c) SELECTION OF PROJECTS.—Each research

22 project shall be awarded by the Secretary on a competitive

23 basis under procedures established by the Secretary in

24 consultation with the Councils. To the extent practicable,

25 the projects selected should collectively conform to a co-
43

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1 herent program of research leading to solving priority pro2 grams. Each Council shall establish a research steering

3 committee to carry out this section.

4 ‘‘(d) EXPERIMENTAL PERMITTING PROCESS.—The

5 Secretary, in consultation with the Councils, shall estab6 lish an expedited permitting process for projects approved

7 under this section.

8 ‘‘(e) GUIDELINES.—The Secretary, in consultation

9 with the appropriate Council, shall establish guidelines to

10 ensure that participation in a research project funded

11 under this section does not result in loss of a participant’s

12 catch history or unexpended days-at-sea as part of a lim13 ited entry system.’’.

14 (b) RESEARCH PRIORITIES.—Section 404(b) (16

15 U.S.C. 1881c(b)) is amended—

16 (1) by striking ‘‘testing;’’ in paragraph (3) and

17 inserting ‘‘testing and identification of research pri18 orities;’’

19 (2) by redesignating paragraphs (4) and (5) as

20 paragraphs (5) and (6), respectively; and

21 (3) by inserting after paragraph (3) the fol22 lowing:

23 ‘‘(4) identify funding requirements for such re24 search;’’.
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1 SEC. 205. DATA PROTOCOLS AND COMPATIBILITY.

2 Section 401 (16 U.S.C. 1881) is amended by adding

3 at the end the following:

4 ‘‘(h) DATA PROTOCOLS AND COMPATIBILITY.—As

5 part of the fishery information system developed under

6 subsection (c), the Secretary shall, in consultation with the

7 Councils—

8 ‘‘(1) develop and publish a standardized data

9 collection protocol and required data elements for

10 commercial fisheries data nationwide; and

11 ‘‘(2) ensure compatibility of fishery data with

12 data from other sources, particularly, data that may

13 be used in ecosystem management of fisheries or

14 identification of essential fish habitat.’’.

15 SEC. 206. ACQUISITION OF FISHERY SURVEY VESSELS.

16 (a) IN GENERAL.—The Secretary of Commerce, sub17 ject to the availability of appropriations, may in accord18 ance with this section acquire, by purchase, lease, lease19 purchase, or charter, and equip up to six fishery survey

20 vessels in accordance with this section.

21 (b) VESSEL REQUIREMENTS.—Any vessel acquired

22 and equipped under this section must—

23 (1) be capable of—

24 (A) staying at sea continuously for at least

25 30 days;
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1 (B) conducting fishery population surveys

2 using hydroacoustic, longlining, deep water, and

3 pelagic trawls, and other necessary survey tech4 niques; and

5 (C) conducting other work necessary to

6 provide fishery managers with the accurate and

7 timely data needed to prepare and implement

8 fishery management plans; and

9 (2) have a hull that meets the International

10 Council for Exploration of the Sea standard regard11 ing acoustic quietness.

12 TITLE III—CAPACITY

13 REDUCTION

14 SEC. 301. CAPACITY REDUCTION.

15 (a) IN GENERAL.—Section 303 (16 U.S.C. 1853) is

16 amended by adding at the end the following:

17 ‘‘(e) CAPACITY REDUCTION.—Within 1 year after the

18 date of enactment of the Magnuson-Stevens Act Amend19 ments of 2000 the National Marine Fisheries Service, in

20 consultation with each fishery management Council, shall

21 evaluate and identify the extent of overcapacity in each

22 commercial fishery designated as overfished or approach23 ing the condition of being overfished under section 404(e),

24 and specify measures taken or required to be taken to re25 duce or eliminate such overcapacity or economic depend-
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1 ence on the fishery, including measures taken under sec2 tion 312. Information developed under this subsection

3 shall be identified and considered in the fishery impact

4 statement submitted for each fishery management plan

5 under section 303(a)(9). Measures used to determine over6 capacity under this subsection shall be based on the rec7 ommendations of the Study on Federal Investment under

8 section 116(b) of the Sustainable Fisheries Act (16 U.S.C.

9 1861a nt.).’’.

10 (b) LATENT CAPACITY.—Section 312(b)(1)(B)(i) (16

11 U.S.C. 312(b)(1)(B)(i)) is amended by inserting ‘‘identify

12 and address latent capacity and’’ after ‘‘will’’.

13 (c) AMENDMENTS OF MERCHANT MARINE ACT,

14 1936.—

15 (1) FISHERY FINANCE PROGRAM AMEND16 MENT.—Section 1104A(a)(7) of the Merchant Ma17 rine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is

18 amended by striking ‘‘(16 U.S.C. 1853(d)(4)).’’ and

19 inserting ‘‘(16 U.S.C. 1853(d)(4)), or for activities

20 that assist in the transition to reduced fleets, or for

21 technologies or upgrades designed to improve collec22 tion and reporting of fishery-dependent data, to re23 duce bycatch, to improve selectivity or reduce ad24 verse impacts of fishing gear, or to increase vessel

25 safety.’’.
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1 (2) EXPANSION OF PURPOSES FOR QUALIFIED

2 WITHDRAWALS.—Section 607(f)(1) of the Merchant

3 Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is

4 amended—

5 (A) by striking ‘‘for:’’ and inserting

6 ‘‘for—’’;

7 (B) by striking ‘‘vessel,’’ in subparagraph

8 (A) and inserting ‘‘vessel;’’;

9 (C) by striking ‘‘vessel, or’’ in subpara10 graph (B) and inserting ‘‘vessel;’’;

11 (D) by striking ‘‘vessel.’’ in subparagraph

12 (C) and inserting ‘‘vessel;’’; and

13 (E) by inserting after subparagraph (C)

14 the following:

15 ‘‘(D) in the case of any person for whose

16 benefit the fund was established and who par17 ticipates in the fishing capacity reduction pro18 gram under section 312 of the Magnuson-Ste19 vens Fishery Conservation and Management

20 Act (16 U.S.C. 1861a)—

21 ‘‘(i) if such person remains in the

22 fishery, the satisfaction of any debt obliga23 tion undertaken pursuant to such program;

24 and
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1 ‘‘(ii) if such person withdraws 1 or

2 more vessels from the fishery, the substi3 tution of amounts the person would other4 wise receive under such program for such

5 person’s vessel or permit to engage in the

6 fishery; and

7 ‘‘(E) the repair, maintenance, or upgrade

8 of an eligible vessel or its equipment for the

9 purpose of—

10 ‘‘(i) making conservation engineering

11 changes to reduce bycatch, improve selec12 tivity of fishing gear, or reduce adverse im13 pacts of fishing gear;

14 ‘‘(ii) improving vessel safety; or

15 ‘‘(iii) acquiring, installing, or upgrad16 ing equipment to improve collection, re17 porting, or accuracy of fishery data.’’.

18 TITLE IV—REAUTHORIZATION

19 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

20 Section 4 (16 U.S.C. 1803) is amended—

21 (1) by inserting ‘‘(a) FISCAL YEAR

22 AMOUNTS.—’’ before ‘‘There’’;

23 (2) by striking paragraphs (1) through (4) and

24 inserting the following:

25 ‘‘(1) $415,000,000 for fiscal year 2001;
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1 ‘‘(2) $430,000,000 for fiscal year 2002;

2 ‘‘(3) $445,000,000 for fiscal year 2003;

3 ‘‘(4) $460,000,000 for fiscal year 2004; and

4 ‘‘(5) $475,000,000 for fiscal year 2005.’’; and

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

6 ‘‘(b) ALLOCATIONS.—

7 ‘‘(1) FISCAL YEAR 2001.—From the amount

8 authorized for fiscal year 2001, the following

9 amounts are authorized:

10 ‘‘(A) For the Councils established by sec11 tion 302, $25,000,000.

12 ‘‘(B) For activity related to essential fish

13 habitat under section 305(b), $20,000,000.

14 ‘‘(C) For the buyback program under sec15 tion 312(b), $20,000,000.

16 ‘‘(D) For fishery ecosystem plans under

17 section 316, $15,000,000.

18 ‘‘(E) For the outreach program under sec19 tion 317, $10,000,000.

20 ‘‘(F) For the Independent Peer Review

21 Program under section 317(e), $5,000,000.

22 ‘‘(G) For the observer program under sec23 tion 404, $20,000,000.

24 ‘‘(H) For the cooperative research program

25 under section 408, $35,000,000.
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1 ‘‘(I) For the collection of data to meet re2 quirements of National Standard No. 8,

3 $10,000,000.

4 ‘‘(2) ANNUAL ADJUSTMENT.—The amounts al5 located by paragraph (1) shall each be increased for

6 each of the fiscal years 2002 through 2005 by the

7 same ratio by which amounts authorized by sub8 section (a) for each of those years are increased.

9 ‘‘(3) FISHERY SURVEY VESSELS; FISHERY IN10 FORMATION SYSTEMS.—From the amount author11 ized by subsection (a), there shall be allocated—

12 ‘‘(A) $60,000,000 for each of fiscal years

13 2002, 2003, and 2004 for Fishery Research

14 Vessels authorized by section 206; and

15 ‘‘(B) $50,000,000 for each fiscal year for

16 fishery information systems under section

17 401(c).’’.

Æ