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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2360 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2360

To amend the Magnuson Fishery Conservation and Management Act of 1976, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 4 (legislative day, July 20), 1994

  Mr. Breaux (for himself, Mrs. Murray, Mr. Johnston, Mr. Gorton, and 
Mrs. Hutchison) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To amend the Magnuson Fishery Conservation and Management Act of 1976, 
                        and for other purposes.

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

 TITLE I--MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENTS.

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Magnuson Fishery Conservation and 
Management Act Amendments of 1994''.

SEC. 102. AMENDMENTS TO FINDINGS, PURPOSES AND POLICY.

    Section 2 of the Magnuson Fishery Conservation and Management Act 
(Public Law 94-265), as amended (16 U.S.C. 1801), is amended--
            (1) in subsection (b)(5), by striking the word ``and'' that 
        precedes ``(B)'', and adding at the end thereof: ``(C) which 
        are free from conflicts of interest affecting any Council 
        member; and''; and
            (2) in subsection (c)(3), by inserting ``consistent with 
        conflict of interest law'', between ``citizens'' and the 
        semicolon.

SEC. 103. AMENDMENTS TO DEFINITIONS.

    Section 3 of the Magnuson Fishery Conservation and Management Act 
(Public Law 94-265), as amended (16 U.S.C. 1802), is amended by--
            (1) revising paragraph (20) to read as follows:
            ``(20) The term `observer' means a person--
                    ``(A) required or authorized to be carried on a 
                vessel for conservation and management purposes by 
                regulations or permits under this Act; and
                    ``(B) if assigned the responsibilities of 
                collecting or interpreting data necessary for the 
                conservation and management of a fishery, that has 
                received adequate training and has demonstrated to the 
                Secretary competence in fisheries science and 
                statistical analysis at a level sufficient to enable 
                such person to correctly fulfill such 
                responsibilities.''; and
            (2) inserting ``United States consumers'' immediately 
        following ``food production'' in paragraph 21(A).

SEC. 104. AMENDMENTS TO NATIONAL STANDARDS FOR FISHERY CONSERVATION AND 
              MANAGEMENT.

    (a) Section 301(a) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1851(a)), is 
amended--
            (1) in paragraph (5), by inserting ``, including the 
        reduction of excessive fishing capacity and avoidable bycatch 
        and discards as technologically feasible'' immediately after 
        ``resource'' and before the semicolon; and
            (2) adding the following new subsection at the end thereof:
            ``(8) Conservation and management measures shall promote 
        safety of life and property at sea.''.
    (b) Section 301(b) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1851(b)), is 
amended by striking the word ``advisory'' and the phrase ``(which shall 
not have the force and effect of law),''.

SEC. 105. AMENDMENTS TO REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Section 302(a) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1852(a)), is 
amended by revising paragraph (6) to read as follows:
            ``(6) Pacific council.--The Pacific Fishery Management 
        Council shall consist of the States California, Oregon, 
        Washington, and Idaho and shall have authority over the 
        fisheries in the Pacific Ocean seaward of such States. The 
        Pacific Council shall have 14 voting members, including 8 
        appointed by the Secretary in accordance with subsection (b)(2) 
        (at least one of whom shall be appointed from each such State), 
        and including one appointed from an Indian tribe with federally 
        recognized fishing rights from California, Oregon, Washington, 
        or Idaho.''.
    (b) Section 302(b) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1852(b)), is 
amended--
            (1) by revising subparagraph (C) of subsection (b)(1) to 
        read as follows:
            ``(C) The members required to be appointed by the Secretary 
        in accordance with subsections (b) (2) and (5).'';
            (2) by inserting the following new sentence immediately 
        after the first sentence in paragraph (2)(B): ``In making such 
        an appointment, the Secretary shall give the lowest priority to 
        paid representatives and lobbyists of fishery associations 
        unless such individuals are also directly employed in a 
        commercial fishery.'';
            (3) by adding the following new subparagraph at the end of 
        subsection (b)(2):
    ``(E) As trustees of the Nation's fishery resources, all voting 
members of each Council shall take the following oath:
            `I, ____________, as a duly appointed member of a Regional 
        Fishery Management Council established under the Magnuson 
        Fishery Conservation and Management Act, hereby promise to 
        conserve and manage the living resources of the United States 
        of America by carrying out the business of the Council for the 
        greatest overall benefit of the Nation, without regard to my 
        own personal benefit. I recognize my responsibility to serve as 
        a knowledgeable and experienced trustee of the Nation's marine 
        fishery resources, being careful to balance competing private 
        or regional interests, and always aware and protective of the 
        public interest in those resources. I commit myself to uphold 
        the provisions, standards, and requirements of the Magnuson 
        Fishery Conservation and Management Act and other applicable 
        law, and shall conduct myself at all times according to the 
        rules of conduct prescribed by the Secretary of Commerce. I 
        fully understand the civil and criminal consequences of my 
        failure to disclose properly my financial interests and to 
        recuse myself from Council actions in accordance with the 
        requirement of law. This oath is freely given and without 
        mental reservation or purpose of evasion.''';
            (4) by renumbering paragraph (5) as paragraph (6), and 
        inserting the following new paragraph (5):
    ``(5)(A) The Secretary shall appoint to the Pacific Fishery 
Management Council one representative, designated by the Secretary of 
the Interior, of an Indian tribe with federally recognized fishing 
rights from California, Oregon, Washington, or Idaho, from a list of 
not less than three individuals submitted by the tribal governments. 
The representative shall serve for a term of three years and may not be 
reappointed to the consecutive term.
    ``(B) Representation shall be rotated among the tribes taking into 
consideration--
            ``(i) the qualifications of the individuals on the list 
        referred to in subparagraph (A),
            ``(ii) the various treaty rights of the Indian tribes 
        involved and judicial cases that set forth how those rights are 
        to be exercised, and
            ``(iii) the geographic area in which the tribe of the 
        representative is located.
    ``(C) With respect to appointments made under this paragraph, a 
vacancy occurring prior to the expiration of any term shall be filled 
in the same manner set out in subparagraphs (A) and (B), except that 
the Secretary may use the list from which the vacating representative 
was chosen. A representative appointed to fill such a vacancy may not 
be reappointed to a consecutive term.''; and
            (5) by revising renumbered paragraph (6) to read as 
        follows:
    ``(6) The Secretary may remove for cause any member of a Council 
required to be appointed by the Secretary in accordance with 
subsections (b)(2) and (5) if--
            ``(A) the Council concerned first recommends removal by not 
        less than two-thirds of the members who are voting members and 
        submits such removal recommendation to the Secretary in writing 
        including a statement of the basis for the recommendation; or
            ``(B) the Secretary makes a written determination, 
        including a statement of the basis for the determination, that 
        the member has violated the conflict of interest prohibitions 
        of subsection 302(k).''.
    (c) Section 302(e) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1852(e)), is 
amended by revising paragraph (1) to read as follows:
            ``(1)(A) A majority of the voting members of any Council 
        shall constitute a quorum, but one or more such members 
        designated by the Council may hold hearings. Except as provided 
        in subparagraph (B), all decisions of any Council shall be by 
        majority vote of the voting members present and voting.
            ``(B) A Council decision that results in an economic 
        allocation among United States fishermen shall require an 
        affirmative vote by not less than two-thirds of the voting 
        members present and voting.''.
    (d) Section 302(g) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1852(g)), is 
amended by revising paragraph (1) to read as follows:
            ``(1) Each Council shall establish and maintain, and 
        appoint the members of, a scientific and statistical committee 
        which shall--
                    ``(A) determine the allowable biological catch for 
                each fishery under the Council's jurisdiction based on 
                the best scientific information available;
                    ``(B) submit reports on its findings, including all 
                determinations of allowable biological catch, to the 
                Secretary, the affected Council, the National Marine 
                Fisheries Service, interested state agencies, and, upon 
                request, other interested parties; and
                    ``(C) otherwise assist the Council in the 
                development, collection, and evaluation of such 
                statistical, biological, economic, social, and other 
                scientific information as is relevant to such Council's 
                development and amendment of any fishery management 
                plan.''.
    (e) Section 302(h) of Magnuson Fishery Conservation and Management 
Act (Public Law 94-265), as amended (16 U.S.C. 1852(h)), is amended by 
redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and 
(7) respectively, and inserting the following new paragraph:
            ``(4) fully consider and evaluate all viable alternatives 
        for achieving the conservation and management objectives of any 
        fishery management plan prepared by the Council;''.
    (f) Section 302(j) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1852(j)), is 
amended by--
            (1) revising paragraph (1) to read as follows:
            ``(1) The Federal Advisory Committee Act (5 U.S.C. App. 1) 
        shall apply to the Councils, but not to the scientific and 
        statistical committees or advisory panels of the Councils.'';
            (2) adding the following at the end of paragraph (2)(C): 
        ``Interested persons may propose to modify the published agenda 
        of a meeting by submitting to a Council, panel or committee 
        within 10 calendar days of the published date of the meeting a 
        petition containing a written description of the proposed 
        modification signed by not less than two Council members. In 
        order to facilitate meaningful public participation, all final 
        agendas shall be made available to the public in advance of a 
        meeting and shall be adhered to.'';
            (3) adding the following at the end of paragraph (2)(D): 
        ``All data submitted to a Council by interested person shall 
        include a statement of the source and date of such information. 
        No data may be submitted to or entered into the record of a 
        Council that has not been reviewed and verified to be accurate 
        by the Council's Scientific and Statistical Committee. All oral 
        and written statements and certified data submitted to a 
        Council shall be preceded by a statement of the qualifications 
        and interest, including financial interest, of the witness in 
        the subject of the oral or written statement or data. All 
        written statements submitted to a Council shall be attested to 
        by the author and all oral statements shall be made under 
        oath.'';
            (4) revising paragraph (2)(E) to read as follows:
                    ``(E) A report of each meeting, including public 
                hearings held under subsection (h)(3), shall be filed 
                with the Secretary and made available to the public and 
                shall contain a record of the persons present, a 
                written transcript of the discussion, and copies of all 
                written statements, including financial interest 
                disclosure statements, and certified data filed.'';
            (5) striking ``minutes'' in paragraph (2)(F) and inserting 
        ``reports'' in lieu thereof; and
            (6) inserting the following new subparagraph at the end 
        thereof:
                    ``(G) A copy of each document and record referred 
                to in this paragraph shall be a part of any submission 
                to the Secretary under section 304(a) and shall 
                constitute part of the Administrative record for 
                purposes of section 305(b).''.
    (g) Section 302(k) of Magnuson Fishery Conservation and Management 
Act (Public Law 94-265), as amended (16 U.S.C. 1852(k)), is amended--
            (1) by inserting ``and recusal'' immediately before the 
        period at the end of the subsection heading;
            (2) by revising paragraph (2)(B) to read as follows:
                    ``(B) the spouse, child, grandchild, parent, 
                sibling, or partner of the individual; and'';
            (3) by revising paragraph (3)(B) to read as follows:
                    ``(B) in the case of an affected individual 
                referred to in paragraph (1) (B) or (C), to the 
                appointing authority not less than 14 days prior to 
                taking office.'';
            (4) by striking the period at the end of paragraph (5)(B) 
        and inserting in lieu thereof ``and the office of the 
        Secretary; and'';
            (5) by adding the following new subparagraph at the end of 
        paragraph (5):
                    ``(C) be inserted at the beginning of any written 
                transcript of Council meetings required under section 
                302(j).'';
            (6) in paragraph (6) by striking ``the regulations'' and 
        all that follows and inserting the following: ``this subsection 
        shall require the action to be reconsidered by the Council 
        without the participation of the affected individual if the 
        vote of the affected individual would have resulted in a 
        different action by the Council under subsection (e)(1).'';
            (7) by redesignation paragraph (7) as paragraph (8) and 
        inserting after paragraph (6) the following:
            ``(7)(A) A Council member required to disclose a financial 
        interest under paragraph (2) shall recuse himself or herself 
        from voting on Council actions that have a direct and 
        predictable effect on that interest. A Council action shall be 
        considered to have a direct and predictable effect on a 
        financial interest if there is a close causal link between the 
        Council and any expected effect of the Council action on the 
        financial interest. An effect may be considered to be direct 
        and predictable even through it does not occur immediately.
            ``(B) If the authority of a Council member to vote in an 
        action is challenged by another Council member on the basis of 
        subparagraph (A), the Council shall provide to the Council 
        member whose authority is challenged an opportunity to respond.
            ``(C) If, after being provided an opportunity to respond, 
        the Council member does not recuse himself or herself, and that 
        member of the Council member challenging his or her authority 
        requests that the National Marine Fisheries Service Regional 
        Director for the region of the Council make a determination, 
        then the Regional Director, after consultation with the 
        National Oceanic and Atmospheric Administration General 
        Counsel, shall determine whether the member is required to 
        recuse himself or herself under subparagraph (A). If the 
        Regional Director determines that recusal is required, the 
        member shall recuse himself or herself from voting in the 
        action and shall state for the record, for purposes of 
        subparagraph (E), how he or she would have voted.
            ``(D) Any Council member may within 14 days after the 
        determination of the Regional Director under subparagraph (C) 
        or the vote of a Council under subsection (e)(1), appeal such 
        determination or vote to the Secretary, who shall within not 
        more than 30 calendar days after the date of the appeal make a 
        final determination of whether the Council member who is the 
        subject of the appeal is required to recuse himself or herself.
            ``(E) A vote of a Council with respect to which an appeal 
        to the Secretary is made under subparagraph (D) shall not be 
        final before the date the Secretary issues a determination 
        under subparagraph (D). If the Secretary determines that the 
        Council member is not required to recuse himself or herself, 
        the vote of the member in the action shall be the vote stated 
        for the record under subparagraph (C).'';
            (8) in paragraph (8), redesignated, by striking ``with the 
        regulations prescribed under paragraph (5)'' and inserting 
        ``this subsection''; and
            (9) by adding the following new paragraph at the end 
        thereof:
            ``(9) In fulfilling their responsibilities under this Act, 
        the Regional Directors of the National Marine Fisheries Service 
        and all Council staff members shall avoid any action which 
        might result in, or create the appearance of--
                    ``(A) using public office for private gain;
                    ``(B) giving preferential treatment to any person;
                    ``(C) impeding Government efficiency or economy;
                    ``(D) losing complete independence or impartiality;
                    ``(E) making a government decision outside official 
                channels; or
                    ``(F) affecting adversely the confidence of the 
                public in the integrity of the Government.''.

SEC. 106. AMENDMENTS TO CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Section 303(a) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1853(a)), is 
amended by redesignating paragraphs (2) through (9) as (3) through 
(10), respectively, and inserting the following new paragraph:
            ``(2) be based upon--
                    ``(A) a full evaluation of all viable alternatives 
                for achieving the conservation and management 
                objectives of the plan; and
                    ``(B) a clear preponderance of evidence in the 
                record.''
    (b) Section 303(d) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1853(d)), is 
amended by--
            (1) striking ``or'' at the end of paragraph (2);
            (2) striking the period at the end of paragraph (3) and 
        inserting the following in lieu thereof: ``; or''; and
            (3) inserting the following new paragraph at the end 
        thereof:
            ``(4) when recommended to the Secretary by a two-thirds 
        majority vote of the voting members of a Council as necessary 
        to manage a fishery, or to implement a system for limiting 
        access to a fishery, under its management authority.''.

SEC. 107. AMENDMENTS TO ACTION BY THE SECRETARY.

    Section 304 of the Magnuson Fishery Conservation and Management Act 
(Public Law 94-265), as amended (16 U.S.C. 1854), is amended--
            (1) in subsection (c)(3), by striking all that follows 
        ``unless'', and inserting the following in lieu thereof: ``the 
        Secretary first makes a written determination that the fishery 
        is overcapitalized.''.
            (2) by redesignating subsections (d) through (g) as 
        subsections (e) through (h) respectively, and inserting the 
        following new subsection (d):
    ``(d) Action On Regulatory Amendments.--
            ``(1) After the receipt date when the Secretary receives a 
        regulatory amendment which was prepared by a Council, the 
        Secretary shall--
                    ``(A) immediately commence a review of the 
                regulatory amendment to determine whether it is 
                consistent with the fishery management plan, the 
                national standards, the other provisions of this Act, 
                and any other applicable law; and
                    ``(B) immediately publish in the Federal Register 
                the Council's proposed regulations for a 30-day public 
                comment period.
            ``(2)(A) The Secretary shall take action under this section 
        on any regulatory amendment which the Council characterizes as 
        being a final regulatory amendment.
            ``(B) For purposes of this section, `receipt date' means 
        the 5th day after the day on which a Council transmits to the 
        Secretary a regulatory amendment that it characterizes as a 
        final regulatory amendment.
            ``(3) If the Secretary does not notify the Council in 
        writing of his disapproval or partial disapproval by the 60th 
        day after the receipt date, a regulatory amendment will take 
        effect and be implemented.
            ``(4) If after review the Secretary determines that the 
        regulatory amendment is not consistent with the criteria set 
        forth in paragraph (1)(A), the Secretary shall notify the 
        Council in writing of his disapproval or partial disapproval of 
        the regulatory amendment. Such notice shall specify--
                    ``(A) the applicable law or provision of the 
                fishery management plan with which the regulatory 
                amendment is inconsistent;
                    ``(B) the nature of such inconsistencies; and
                    ``(C) recommendations concerning the actions that 
                could be taken by the Council to conform such 
                regulatory amendment to the requirements of applicable 
                law and the fishery management plan.
            ``(5) If the Secretary disapproves or partially disapproves 
        a regulatory amendment, the Council may submit a revised 
        regulatory amendment to the Secretary.
            ``(6) After the Secretary receives a revised regulatory 
        amendment, the Secretary shall immediately--
                    ``(A) commence a review of the regulatory amendment 
                to determine if it complies with the criteria set forth 
                in paragraph (1)(A); and
                    ``(B) publish the revised regulations in the 
                Federal Register for a 15-day public comment period.
            ``(7) Before the close of the 30th day after the revised 
        receipt date, the Secretary, after taking into account any 
        public comments, shall complete the review and determine 
        whether the regulatory amendment complies with the criteria set 
        forth in paragraph (1)(A). If the Secretary determines that the 
        revised regulatory amendment is not in compliance with such 
        criteria, he shall immediately notify the Council of his 
        disapproval. After notifying a Council of disapproval, the 
        Secretary shall promptly provide to the Council a written 
        statement of the reasons on which the disapproval was based and 
        advise the Council that it may submit a further revised 
        regulatory amendment for review and determination under this 
        paragraph. If the Secretary does not notify the Council in 
        writing of his disapproval or partial disapproval by the 30th 
        day after the receipt date, a regulatory amendment will take 
        effect and be implemented.''.

SEC. 108. AMENDMENTS TO IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.

    Section 305(c) of the Magnuson Fishery Conservation and Management 
Act (Public Law 94-265), as amended (16 U.S.C. 1855(c)), is amended--
            (1) in paragraph (2)(A), by inserting ``and the scientific 
        and statistical committee'' between ``Council'' and the comma;
            (2) in paragraph (2)(B), by inserting ``and the scientific 
        and statistical committee by no less than two-thirds vote,'' 
        between ``vote'' and ``requests''; and
            (3) in paragraph (3)(B), by striking ``90 days'' and 
        inserting the following in lieu thereof: ``270 days: Provided, 
        That the public has had an opportunity to comment on the 
        proposed emergency regulation, and, in the case of a Council 
        recommendation for emergency regulations, the Council is 
        actively preparing a fishery management plan, amendment or 
        proposed regulations to address the emergency on a permanent 
        basis''.

SEC. 109. AMENDMENTS TO STATE JURISDICTION.

    Section 306(a) of the Magnuson Fishery Conservation and Management 
Act (Public Law 94-265), as amended (16 U.S.C. 1856(a)), is amended 
by--
            (1) by striking ``paragraph (2)'' in paragraph (3) and 
        inserting the following in lieu thereof: ``paragraphs (2) and 
        (4)''; and
            (2) adding the following new paragraph at the end thereof:
            ``(4) In the limited case of a fishery for which there is 
        no fishery management plan approved and implemented pursuant to 
        this Act and for which a State has a legitimate interest in the 
        management of the fishery, a State may--
                    ``(A) enforce its laws and regulations with respect 
                to fishing within the EEZ, and the landing of fish 
                within that State that were taken from the EEZ, if its 
                laws and regulations are consistent with an 
                interjurisdictional fisheries management plan adopted 
                by a Marine Fisheries Commission, the national 
                standards, the other provisions of this Act, any 
                relevant fishery management plan or amendments thereto 
                which are approved and implemented under this Act, and 
                any other applicable law; or
                    ``(B) in the absence of applicable laws and 
                regulations adopted by the appropriate Marine Fisheries 
                Commission, enforce its laws and regulations if the 
                Secretary determines that--
                            ``(i) the fishing in the fishery which 
                        occurs within the EEZ is conducted 
                        predominantly by vessels registered in that 
                        State; and
                            ``(ii) such laws and regulations are 
                        consistent with the national standards, the 
                        other provisions of this Act, any relevant 
                        fishery management plan or amendments thereto 
                        which are approved and implemented under this 
                        Act, and any other applicable law.''.

SEC. 110. AMENDMENTS TO PROHIBITED ACTS.

    Section 307(1) of the Magnuson Fishery Conservation and Management 
Act (Public Law 94-265), as amended (16 U.S.C. 1857(1)), is amended 
by--
            (1) inserting ``present testimony or in any manner'' 
        between ``willfully'' and ``submit'' in paragraph (I);
            (2) striking ``or'' at the end of paragraph (M);
            (3) striking the period at the end of paragraph (N) and 
        inserting ``; or'' in lieu thereof; and
            (4) adding the following new paragraph at the end thereof:
                    ``(O) to submit false information, or fail to 
                submit required information, pursuant to subsection 
                302(k), or for a Council member to fail to recuse 
                himself or herself as required pursuant to subsection 
                302(k)(7).''.

SEC. 111. AMENDMENTS TO CRIMINAL OFFENSES.

    Section 309(a)(1) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1859(a)(1)), 
is amended by--
            (1) striking ``or'' that precedes ``(L)''; and
            (2) inserting ``or (O)'' immediately after ``(L)''.

SEC. 112. AMENDMENTS TO ENFORCEMENT.

    Section 311(b)(1) of the Magnuson Fishery Conservation and 
Management Act (Public Law 94-265), as amended (16 U.S.C. 1861(b)(1)), 
is amended by revising paragraph (A)(iii) to read as follows:
                            ``(iii) seize any fishing vessel (together 
                        with its fishing gear, furniture, 
                        appurtenances, stores, and cargo) used or 
                        employed in, or with respect to which there is 
                        probable cause to believe that such vessel was 
                        used or employed in, the violation of any 
                        provision of this Act: Provided, That no vessel 
                        may be detained for more than 36 hours unless a 
                        Federal magistrate determines that such 
                        detention is necessary to prevent a continuing 
                        violation of the Act;''.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

    Section 406 of the Magnuson Fishery Conservation and Management Act 
(Public Law 94-265), as amended (16 U.S.C. 1822), is amended by adding 
at the end thereof:
            ``(20) $103,218,000 for the fiscal year ending September 
        30, 1994, and $142,502,000 for the fiscal year ending September 
        30, 1995.''.

SEC. 114. EFFECTIVE DATE.

    Sections 104 through 112 of this Title shall take effect 90 days 
after the date of enactment of this Act. The Secretary is authorized 
and directed to proceed during the 90 days after the date of enactment 
of this Act with such regulatory proceedings, personnel actions, and 
other activities as he finds necessary to implement fully Sections 104 
through 112 of this Title upon their effective date.

     TITLE II--TRANSFER OF U.S. FLAG FISHING AND PROCESSING VESSEL 
                              REGISTRIES.

SEC. 201. SHORT TITLE.

    This title may be cited as the ``U.S. Fishery Capitalization 
Reduction Act of 1994.''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) many United States fisheries are currently 
        overcapitalized and overcapitalization has diminished the 
        effectiveness of the Magnuson Fishery Conservation and 
        Management Act (Public Law 94-265), as amended (16 U.S.C. 1801 
        et seq.) and other United States fishery laws and regulations 
        to achieve United States fishery conservation and management 
        objectives;
            (2) significant opportunities exist for United States 
        vessel owners to pursue ventures with foreign entities which 
        would result in the permanent transfer of vessel ownership to 
        foreign entities in countries which may lack long-term 
        political or economic stability; and
            (3) in the event that political and economic instability in 
        such foreign countries cause such ventures to fail forcing 
        United States fishing vessels to return to the United States, 
        such vessels would be denied coastwise trading privileges under 
        United States law and would be unable to effectively 
        participate in United States fisheries.
    (b) Purpose.--It is therefore declared to be the purpose of 
Congress in this Act to promote the reduction in capitalization in 
United States fisheries by encouraging the establishment of foreign 
fishing ventures that would result in the permanent transfer of United 
States fishing vessels from United States to foreign fisheries.

SEC. 203. APPROVAL FOR CERTAIN FISHING AND FISH PROCESSING VESSELS TO 
              REENTER UNITED STATES COASTWISE TRADE.

    (a) Reentry Into United States Fisheries and Coastwise Trade.--
            (1) Re-acquisition of right to engage in coastwise trade.--
        Notwithstanding the first proviso of section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), a vessel described in 
        subsection (b) shall not be prohibited from acquiring the right 
        to engage in the coastwise trade by reason of being placed 
        under foreign registry.
            (2) Limitations on subsequent operation in fisheries and 
        coastwise trade.--In addition to other limitations and 
        requirements applicable to operation in the fisheries or 
        coastwise trade, the operation of a vessel described in 
        subsection (b) which has been sold to a person that is not a 
        citizen of the United States or placed under foreign registry 
        is subject to the following limitations:
                    (A) Subject to subparagraph (B), the vessel may 
                only engage in fisheries or coastwise trade in which it 
                was eligible to engage before the vessel was placed 
                under foreign registry.
                    (B) The vessel may not engage in any operation 
                other than--
                            (i) fishing,
                            (ii) fish processing, and
                            (iii) the transportation of fish, fish 
                        products, or materials directly related to 
                        fishing or the preparation of fish, to or from 
                        a fishing vessel, fish processing vessel, fish 
                        tender vessel, or fish proceeding facility.
                    (C) All drydocking, conversion, repair (except 
                routine maintenance or emergency repair), or rebuilding 
                of the vessel after the date on which the vessel is 
                placed under foreign registry shall be performed in 
                shipyards located in the United States.
            (3) Expiration of authority to reenter.--Paragraph (1) does 
        not apply to a vessel after the date that is 10 years after the 
        effective date of this Title.
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) M/V alaskan enterprise (United States official number 
        595760).
            (2) M/V american enterprise (United States official number 
        594803).
            (3) M/V arctic baruna ii (United States official number 
        996921).
            (4) M/V arctic enterprise (United States official number 
        248169).
            (5) F/V arctic i (United States official number 678234).
            (6) F/V arctic iii (United States official number 647985).
            (7) F/V arctic iv (United States official number 936302).
            (8) M/V arctic v (United States official number 550931).
            (9) F/V arctic vi (United States official number 988598).
            (10) M/V arctic baruna (United States official number 
        996920).
            (11) M/V atka enterprise (United States official number 
        555416).
            (12) M/V bering enterprise (United States official number 
        610869).
            (13) M/V bristol enterprise (United States official number 
        604439).
            (14) M/V gulf wind (United States official number 611520).
            (15) M/V glacier enterprise (United States official number 
        603561).
            (16) M/V harvester enterprise (United States official 
        number 584902).
            (17) M/V island enterprise (United States official number 
        610290).
            (18) M/V kiska enterprise (United States official number 
        642653).
            (19) M/V kodiak enterprise (United States official number 
        579450).
            (20) M/V northern enterprise (United States official number 
        629978).
            (21) M/V northwest enterprise (United States official 
        number 609384).
            (22) M/V ocean enterprise (United States official number 
        678236).
            (23) M/V pacific enterprise (United States official number 
        678237).
            (24) M/V pacific wind (United States official number 
        624429).
            (25) M/V southern wind (United States official number 
        625927).
            (26) M/V royal enterprise (United States official number 
        615663).
            (27) M/V seattle enterprise (United States official number 
        9047670).
            (28) M/V unimak enterprise (United States official number 
        637693).
            (29) M/V u.s. enterprise (United States official number 
        921112).
            (30) M/V western enterprise (United States official number 
        629826).
            (31) M/V westward wind (United States official number 
        595289).
            (32) M/V all alaskan (United States official number 
        248773).
            (33) F/V juno (United States official number 260614).
            (34) F/V alaska trader (United States official number 
        567664).
            (35) F/V ocean tempest (United States official number 
        509743).
            (36) F/V shelikof (United States official number 597967).
            (37) F/V sea producer (United States official number 
        284437).
            (38) F/V magnum (United States official number 529675).
            (39) F/V oceanic (United States official number 500320).
            (40) F/V sea wind (United States official number 610220).
            (41) F/V sourdough (United States official number 597229).
            (42) F/V rondys (United States official number 291085).
            (43) F/V sjovind (United States official number 587409).
            (44) F/V windy bay (United States official number 296697).
            (45) F/V royal sea (United States official number 518441).
            (46) F/V snow king (United States official number 5344721).
            (47) F/V royal king (United States official number 592205).
            (48) F/V resolute (United States official number 553631).
            (49) F/V arctic trawler (United States official number 
        517242).
            (50) F/V northern glacier (United States official number 
        663457).
            (51) F/V american champion (United States official number 
        527411).
            (52) F/V saga sea (United States official number 965039).
            (53) F/V heather sea (United States official number 
        946773).
            (54) F/V claymore sea (United States official number 
        935475).
    (c) Relationship to Other Law.--Nothing in this title shall be 
considered to amend, supersede, or otherwise affect--
            (1) the Magnuson Fishery Conservation and Management Act 
        (Public Law 94-265), as amended (16 U.S.C. 1801 et seq.);
            (2) fishery management plans (including amendments thereto) 
        in effect under that Act; or
            (3) regulations promulgated pursuant to that Act.

SEC. 204. EFFECTIVE DATE.

    The effective date of this title shall be the date of enactment of 
this Act.
                                 <all>
S 2360 IS----2
```