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103D CONGRESS

2D SESSION S. 2022

To reduce waste of fishery resources off Alaska by eliminating the catch

of prohibited species, requiring full retention of economic discards and

full utilization of processing waste, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 14 (legislative day, APRIL 11), 1994

Mr. STEVENS introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To reduce waste of fishery resources off Alaska by eliminating the catch of prohibited species, requiring full retention of economic discards and full utilization of processing waste, 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 ‘‘North Pacific Fishery

5 Waste Reduction Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that:
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1 (1) The conservation of fishery resources is the

2 primary goal of this Act.

3 (2) Over 50 percent of all fish harvested in the

4 United States are caught in the fisheries of the

5 North Pacific and Bering Sea off Alaska, which are

6 under the jurisdiction of the North Pacific Fishery

7 Management Council.

8 (3) Economic discards and processing waste

9 constitute an enormous loss to the public of the po10 tential value of these fishery resources, and also pose

11 a significant conservation problem.

12 (4) In some fisheries off Alaska more than 50

13 percent of the target species caught are discarded

14 because they are too large, too small, or of the

15 wrong sex.

16 (5) In recent years, as much as one-half billion

17 pounds of usable fish products per year have been

18 wasted rather than processed in fisheries off Alaska.

19 (6) Economic discards and processing waste

20 can be reduced through selective fishing practices,

21 time/area closures and other fishery management

22 techniques, and more efficient processing require23 ments.
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1 (7) More data is needed on the amount of eco2 nomic discards and processing waste that are occur3 ring in the commercial fisheries off Alaska.

4 (8) The commercial fishing industry and the

5 North Pacific Fishery Management Council have

6 begun to make needed adjustments to reduce eco7 nomic discards and processing waste, and have

8 shown a strong interest in promoting the long-term

9 health of the fishery resources.

10 (9) Certain fisheries are comprised of numerous

11 species. In such fisheries bycatch quotas are nec12 essary to achieve the optimum yield in target fish13 eries. The commercial fishing industry and the

14 North Pacific Fishery Management Council should

15 continue to dedicate substantial effort to create

16 management regimes that permit, in a manner that

17 prevents overfishing or the risk of overfishing and

18 allows for the rebuilding of depleted stocks, the pros19 ecution of such mixed-stock fisheries while reducing

20 or eliminating economic discards, processing waste,

21 bycatch, and the harvest of prohibited species.

22 SEC. 3. PURPOSE.

23 The purpose of this Act is to improve the conserva24 tion and management of fishery resources off Alaska by—
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1 (1) eliminating, to the maximum extent prac2 ticable, the harvest of prohibited species, except by

3 fishermen permitted under law to target those

4 species;

5 (2) requiring the full retention of economic dis6 cards and full utilization of processing waste;

7 (3) reducing the bycatch of nontarget species;

8 (4) rebuilding fish stocks that have been

9 overfished or which are at risk of being overfished;

10 and

11 (5) providing for improved observer coverage,

12 cost recovery, emergency closure, entry notification,

13 prohibited species caps, industry assistance, and

14 other authority to enhance the ability of the Council

15 to manage its fisheries.

16 SEC. 4. WASTE REDUCTION IN NORTH PACIFIC FISHERIES.

17 The Magnuson Fishery Conservation and Manage18 ment Act (16 U.S.C. 1800 et seq.) is amended by adding

19 at the end of title III the following new section:

20 ‘‘SEC. 315. WASTE REDUCTION IN NORTH PACIFIC FISH21 ERIES.

22 ‘‘(a) GOALS.—The goals of this section are to im23 prove the conservation and management of fishery re24 sources off Alaska by—
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1 ‘‘(1) eliminating, to the maximum extent prac2 ticable, the harvest of prohibited species, except by

3 fishermen permitted under law to target those

4 species;

5 ‘‘(2) requiring the full retention of economic

6 discards and full utilization of processing waste;

7 ‘‘(3) reducing the bycatch of nontarget species;

8 and

9 ‘‘(4) rebuilding fish stocks that have been

10 overfished or which are at risk of being overfished.

11 ‘‘(b) DEFINITIONS.—For the purposes of this sec12 tion—

13 ‘‘(1) ‘bycatch’ means any fish species for which

14 a quota is established, but which are not the target

15 species of a fishery in which a fishing vessel is

16 engaged;

17 ‘‘(2) ‘economic discards’ means fish which are

18 the target or bycatch species in a fishery, but which

19 are not retained by the fishing vessel harvesting

20 those fish or are not processed by United States fish

21 processors because they are the wrong size, the

22 wrong sex, of poor quality, or for other economic

23 reasons;

24 ‘‘(3) ‘processing waste’ means that portion of a

25 fish which is processed and which could be used for
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1 human consumption or other commercial use, but

2 which is not so used; and

3 ‘‘(4) ‘prohibited species’ means fish for which a

4 quota is set, but which fishermen are required by

5 regulation to either (i) discard whenever caught, or

6 (ii) retain but may not sell, in order to protect the

7 value of another fishery.

8 ‘‘(c) REDUCTION OF WASTE.—

9 ‘‘(1) No later than January 1, 1996, the North

10 Pacific Fishery Management Council shall include in

11 each fishery management plan under its jurisdiction

12 conservation and management measures, including

13 fees or other incentives, to reduce economic discards,

14 processing waste, prohibited species catch, and

15 bycatch in each fishery. Notwithstanding section

16 304(d), in implementing this subsection the Council

17 may recommend, and the Secretary shall approve

18 and implement any such recommendation, consistent

19 with the other provisions of this Act, a system of

20 fees to provide an incentive to reduce such discards

21 and waste. Any such system of fees or incentives

22 shall be fair and equitable to all fishermen and

23 United States fish processors, and shall not have

24 economic allocation as its sole purpose.
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1 ‘‘(2) Not later than January 1, 1997, the North

2 Pacific Fishery Management Council shall rec3 ommend, and the Secretary shall approve and imple4 ment any such recommendation, consistent with the

5 other provisions of this Act, conservation and man6 agement measures to ensure total catch measure7 ment in each fishery under the Council’s jurisdic8 tion. Such conservation and management measures

9 shall ensure the accurate enumeration of target spe10 cies, bycatch, and prohibited species.

11 ‘‘(3) Beginning on January 1, 1998, such in12 centives shall include an allocation preference to

13 fishing and processing practices within each gear

14 group that result in the lowest levels of economic

15 discards, prohibited species catch and bycatch. In

16 determining which practices shall be given priority,

17 the reduction of economic discards shall be given the

18 greatest weight, followed by processing waste (where

19 applicable), prohibited species catch and bycatch, in

20 that order.

21 ‘‘(4) In determining the level of target species

22 catch, bycatch, economic discards and processing

23 waste, the Council and Secretary shall base such de24 terminations on observer data or the best available

25 information.
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1 ‘‘(5) In the case of fisheries occurring under an

2 individual fishing quota regime under the jurisdic3 tion of the North Pacific Fishery Management

4 Council after January 1, 1998,—

5 ‘‘(A) the Council shall designate target

6 species, bycatch species, and prohibited species

7 for each such fishery;

8 ‘‘(B) the Council may not recommend, and

9 the Secretary may not approve, any assignment

10 or allocation of individual fishing quotas for

11 prohibited species or bycatch species for those

12 fisheries, other than for each individual fishing

13 season on an annual basis pursuant to subpara14 graph (C) of this subsection; and

15 ‘‘(C) the allocation preference required

16 under paragraph (2) shall be implemented by

17 giving priority in the allocation of prohibited

18 species quotas and bycatch quotas to fishing

19 practices that result in the lowest levels of eco20 nomic discards, processing waste, prohibited

21 species and bycatch.

22 ‘‘(6) Nothing in this section shall be construed

23 to preclude the North Pacific Fishery Management

24 Council from allocating a portion of any quota for

25 a directed fishery for use as bycatch in another fish-
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1 ery or fisheries, if the Council determines such allo2 cation is necessary to prosecute a fishery, after tak3 ing into account the requirements of this section re4 garding reduction of bycatch, economic discards and

5 processing waste.

6 ‘‘(d) FULL RETENTION AND FULL UTILIZATION.—

7 ‘‘(1) The North Pacific Fishery Management

8 Council shall, consistent with the other provisions of

9 this Act, submit to the Secretary by January 1,

10 1996, a plan to phase-in, to the maximum extent

11 practicable, fishery management plan amendments

12 to require full retention by fishing vessels and full

13 utilization by United States fish processors of all

14 fishery resources, except prohibited species, caught

15 under the jurisdiction of such Council as soon as is

16 practicable, but in no case later than January 1,

17 2000.

18 ‘‘(2) The plan shall include conservation and

19 management measures to minimize processing waste

20 and ensure the optimum utilization to target species,

21 including standards setting minimum percentages of

22 target species harvest which must be processed for

23 human consumption.
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1 ‘‘(3) In determining the maximum extent prac2 ticable, the North Pacific Fishery Management

3 Council shall consider—

4 ‘‘(A) the state of available technology;

5 ‘‘(B) the extent to which species brought

6 on board can be safely returned alive, with the

7 expectation of extended survival, to the sea;

8 ‘‘(C) the extent to which each species is

9 fully utilized as a target species by United

10 States fishermen;

11 ‘‘(D) the impact of different processing

12 practices on the price paid to fishermen and

13 processors;

14 ‘‘(E) the nature and economic costs of

15 each specific fishery; and

16 ‘‘(F) the effect of a full retention or full

17 utilization requirement in a given fishery on

18 other fisheries when compared with the bene19 ficial effect of reducing economic discards and

20 processing waste.

21 ‘‘(4) Notwithstanding section 304(d), the North

22 Pacific Fishery Management Council may propose,

23 and the Secretary shall approve and implement any

24 such recommendation, consistent with the other pro25 visions of this Act, a system of fines or other incen-
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1 tives to implement this section. Any such fines or in2 centive system shall be fair and equitable to all fish3 ing vessels and United States fish processors, and

4 shall not have economic allocation as its sole

5 purpose.

6 ‘‘(e) PROHIBITED SPECIES.—

7 ‘‘(1) Prohibited species shall not be considered

8 an economic discard for purposes of this section;

9 however, the North Pacific Fishery Management

10 Council shall seek to reduce the incidental catch of

11 prohibited species to the maximum extent prac12 ticable while allowing for the prosecution of fisheries

13 under its jurisdiction.

14 ‘‘(2) Not later than January 1, 1996, the North

15 Pacific Fishery Management Council shall propose,

16 and the Secretary shall approve and implement any

17 such recommendation, consistent with the other pro18 visions of this Act, for each groundfish fishery under

19 the Council’s jurisdiction, conservation and manage20 ment measures to reduce the incidental harvest of

21 prohibited species to the minimum level necessary to

22 prosecute directed fisheries for designated target

23 species, and to otherwise meet the requirements of

24 this section. Notwithstanding section 304(d), such

25 conservation and management measures may include
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1 a system of fines, caps or other incentives to reduce

2 the incidental harvest of prohibited species. Any sys3 tem of fines or incentives under this section shall be

4 fair and equitable to all fishing vessels and United

5 States fish processors, and shall not have economic

6 allocation as its sole purpose.

7 ‘‘(3) The North Pacific Fishery Management

8 Council shall establish for each fishery which inci9 dentally harvests a prohibited species under the

10 Council’s jurisdiction cap which prevents such pro11 hibited species from being overfished or from being

12 placed in risk of being overfished. Upon reaching

13 such cap, the commercial fishery in which such pro14 hibited species is incidentally caught shall be closed

15 for that season.

16 ‘‘(f) REBUILDING PLAN.—The North Pacific Fishery

17 Management Council shall, by January 1, 1996, include

18 in each fishery management plan under its jurisdiction a

19 plan for rebuilding each fishery stock that the Council

20 identifies as being overfished or at risk of overfishing.

21 ‘‘(g) OBSERVER PROGRAM.—

22 ‘‘(1) Beginning January 1, 1996, the North Pa23 cific Fishery Management Council shall require

24 under the authority granted to it by section 313—
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1 ‘‘(A) 100 percent observer coverage on all

2 fishing vessels which can safely accommodate

3 an observer or observers, and at all United

4 States fish processors, and

5 ‘‘(B) for vessels which cannot safely ac6 commodate an observer, statistically reliable

7 sampling of a fishing vessel’s effort in each

8 fishery in which that fishing vessel participates,

9 when such vessel or processor is fishing in a fishery

10 under the North Pacific Fishery Management Coun11 cil’s jurisdiction. In implementing subparagraph (A)

12 the North Pacific Fishery Management Council shall

13 require that more than one observer be stationed on

14 a fishing vessel or at a United States fish processor

15 whenever the Council determines that more than one

16 such observer is necessary to accurately monitor that

17 vessel or processor’s operation.

18 ‘‘(2) Observers stationed on fishing vessels or at

19 United States fish processors under the authority of

20 this section or section 313 shall be paid by the Sec21 retary using funds deposited in the North Pacific

22 Fishery Observer Fund. Such payment shall not

23 make an observer an employee of the Federal Gov24 ernment, unless such observer is otherwise employed

25 by an agency of the United States.
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1 ‘‘(3) Failure to pay the fee established by the

2 North Pacific Fishery Management Council under

3 section 313 shall be a considered a violation of sec4 tion 307, punishable under section 308. Any fines

5 collected pursuant to the authority granted by this

6 subsection shall be deposited in the North Pacific

7 Fishery Observer Fund account in the United States

8 Treasury, and shall remain available until expended

9 under the term of that fund.

10 ‘‘(4) Notwithstanding sections 304(d) and

11 313(b), the Secretary is authorized to recover from

12 vessels participating in a fishery under an individual

13 fishing quota regime or other limited access program

14 established by the North Pacific Fishery Manage15 ment Council, the full cost of any observers sta16 tioned on such vessel (including all costs for salaries,

17 expenses, equipment, food and lodging, transpor18 tation, insurance, and analysis of observer data, plus

19 reasonable costs for training and administrative

20 overhead). Each participant in an individual fishing

21 quota regime shall only be required to contribute the

22 same proportion of the costs as that participant’s

23 quota shares represent to the total number of quota

24 shares in such regime. The Secretary shall deposit

25 any fees collected under this paragraph in the North
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1 Pacific Fishery Observery Fund account in the

2 United States Treasury.

3 ‘‘(h) EMERGENCY CLOSURE AUTHORITY.—The Sec4 retary may, pursuant to guidelines established by the

5 North Pacific Fishery Management Council in a fishery

6 management plan, close or restrict a particular fishery

7 covered by such fishery management plan in order to pre8 vent overfishing, reduce bycatch, protect prohibited species

9 or minimize economic discards. In exercising the emer10 gency authority granted under this section, the Secretary

11 shall not be required to provide an opportunity for notice

12 and comment if such closure or restriction would not ex13 ceed thirty days in duration.

14 ‘‘(i) NOTIFICATION OF ENTRY REQUIRED.—

15 ‘‘(1) The North Pacific Fishery Management

16 Council shall submit to the Secretary by January

17 31, 1995, a list of (A) all fishing technologies em18 ployed in fisheries under such Council’s jurisdiction,

19 by fishery, and (B) all fisheries under the jurisdic20 tion of such Council. The Council may, as it deems

21 appropriate, submit amendments to such list to the

22 Secretary.

23 ‘‘(2) The Secretary shall publish such list or

24 any amendments thereto, in the Federal Register
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1 within fifteen days after receipt of the list or amend2 ments described in paragraph (1).

3 ‘‘(3) Beginning on the date that is one hundred

4 and eighty days after the date of the publication of

5 the list required under paragraph (2), no person or

6 vessel shall employ a fishing technology or engage in

7 a fishery that is not included on the list published

8 by the Secretary under this subsection without first

9 giving one hundred and twenty days advance notice

10 of the intent to employ such unlisted technology or

11 engage in such unlisted fishery to the North Pacific

12 Fishery Management Council. Such notice shall in13 clude a detailed description, including drawings,

14 maps or diagrams if appropriate, of the unlisted

15 technology or unlisted fishery which such person or

16 vessel seeks to employ or engage in.

17 ‘‘(4) The North Pacific Fishery Management

18 Council may request, and the Secretary shall grant,

19 an emergency rule under section 305(c), prohibiting

20 any persons or vessels from employing an unlisted

21 technology or engaging in an unlisted fishery if the

22 Council determines that use of such technology or

23 entry into such fishery would compromise the effec24 tiveness of conservation and management efforts by

25 the Council.
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1 ‘‘(5) If, after receiving the notice required

2 under paragraph (3), the North Pacific Fishery

3 Management Council does not request emergency ac4 tion by the Secretary under paragraph (4), the per5 son or vessel submitting notice under paragraph (3)

6 may, after the required one hundred and twenty day

7 period has lapsed, employ the unlisted technology or

8 enter the unlisted fishery to which such notice

9 applies.

10 ‘‘(6) A violation of this subsection shall be con11 sidered a violation of section 307, punishable under

12 section 308.

13 ‘‘(j) INDUSTRY ASSISTANCE.—

14 ‘‘(1) The Secretary shall submit by January 1,

15 1995 to the Committee on Commerce, Science, and

16 Transportation of the Senate and the Committee on

17 Merchant Marine and Fisheries of the House of

18 Representatives a plan to develop jointly with indus19 try accurate methods of weighing or determining the

20 volume of fish harvested by United States fishing

21 vessels in fisheries under the jurisdiction of the

22 North Pacific Fishery Management Council. Such

23 plan shall include methods for assessing contribu24 tions from industry to fund such development, as

25 well as recommendations from the Secretary con-
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1 cerning the level of funds needed to successfully im2 plement the plan in fiscal year 1996.

3 ‘‘(2) The Secretary shall submit by January 1,

4 1995 to the Committee on Commerce, Science, and

5 Transportation of the Senate and the Committee on

6 Merchant Marine and Fisheries of the House of

7 Representatives a plan to develop markets and har8 vesting and processing techniques for arrowtooth

9 flounder. The Secretary shall include in such plan

10 recommendations concerning the level of funds need11 ed to successfully implement the plan in fiscal year

12 1996.

13 ‘‘(3) Notwithstanding any other provision of

14 law, consortia of owners and operators of fishing

15 vessels or fish processing facilities may apply for

16 loan guarantees under the Fishing Vessel Obligation

17 Guarantee program to finance the construction of

18 processing waste reduction facilities onshore, the in19 stallation of processing waste reduction technology

20 on existing vessels, or the conversion of existing ves21 sels for the carriage of fish waste and discards to

22 processing waste reduction facilities. Such authority

23 shall be without regard to the cumulative percentage

24 of foreign ownership of companies within the consor25 tium.
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1 ‘‘(4) For fiscal years 1995, 1996, 1997, and

2 1998, $50,000 is authorized to be appropriated for

3 the purposes of implementing paragraph (1), and

4 $250,000 is authorized to be appropriated for pro5 grams to implement paragraph (2).’’.

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