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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                 S. 2138

     To amend the Magnuson Fishery Conservation and Management Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 16), 1994

  Mr. Kerry (for himself and Mr. Stevens) (by request) 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.

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

                     findings, purposes, and policy

    Section 1. Section 2 of the Act (16 U.S.C. 1801) is amended--
            (1) in paragraph (a)(2) by--
                    (A) inserting ``resource'' between ``fishery'' and 
                ``conservation''; and
                    (B) deleting ``and'' before ``(B)'', and adding 
                after the second occurrence of ``threatened'' 
                ``, and (C) direct and indirect habitat losses have 
                resulted in diminished capacity to support existing 
                fishing levels'';
            (2) in paragraph (a)(6) by inserting ``to provide long-term 
        protection for essential marine and estuarine fish habitats,'' 
        between ``conservation,'' and ``and to realize'';
            (3) by adding new paragraphs (a) (9) and (10) to read as 
        follows:
            ``(9) The greatest long-term threat to the viability of 
        commercial and recreational fisheries is the continuing loss of 
        marine and estuarine habitats on a national level. Habitat 
        considerations must receive increased attention in the 
        conservation and management of fishery resources of the United 
        States.
            ``(10) Fishery habitat protection can be achieved through 
        direct advocacy for fishery habitats by the Secretary in the 
        implementation of existing Federal procedures for interagency 
        consultation and the application of other Federal statutes 
        under the Secretary's purview.''; and
            (4) by adding a new paragraph (b)(7) to read as follows:
            ``(7) to promote the advocacy of fishery habitat protection 
        in the review of projects conducted under Federal permits, 
        licenses, or other authorities that affect, or have the 
        potential to affect, fishery habitats.''.

                              definitions

    Sec. 2. Section 3 of the Act (16 U.S.C. 1802) is amended--
            (1) by renumbering subsections (6) through (31) as 
        subsections (7) through (32), respectively, and by adding a new 
        subsection (6) as follows:
            ``(6) The term `essential fish habitat' means any area 
        formally identified by a Council or by the Secretary for 
        species managed under section 304(g)(3) that is--
                    ``(A) landward of the outer boundary of the 
                exclusive economic zone and essential to the life cycle 
                of marine, estuarine, anadromous, or catadromous 
                species; or
                    ``(B) essential to the production of optimum yield 
                throughout the range of one or more fisheries under 
                management by a Council or by the Secretary under 
                section 304(g)(3); or
                    ``(C) meeting other criteria or guidance as 
                provided by the Secretary to the Councils.''; and
            (2) by further amending renumbered section 3(22) of the Act 
        by revising the text and adding a new paragraph (C) to read as 
        follows:
            ``(22) The term `optimum', with respect to the yield from a 
        fishery, means the amount of fish--
                    ``(A) which will provide the greatest overall 
                benefit to the Nation, with particular reference to 
                food production and recreational opportunities;
                    ``(B) which is prescribed on the basis of the 
                maximum sustainable yield from a fishery, as modified 
                by any relevant economic, social, or ecological factor; 
                and
                    ``(C) which ensures the rebuilding of depleted 
                stocks to a level consistent with producing the maximum 
                sustainable yield.''.

                            foreign fishing

    Sec. 3. (a) Section 201(a)(1) of the Act (16 U.S.C. 1821(a)(1)) is 
revised to read as follows:
            ``(1) is authorized under subsection (b) or (c), or is 
        approved under section 204(b)(6)(A)(ii);''.
    (b) Section 201 of the Act (16 U.S.C. 1821) is amended by deleting 
section (g), (h), (i), and (j) as subsections 201(f), and by 
redesignating subsections (f), (g), (h), and (i), respectively.

                      permits for foreign fishing

    Sec. 4. (a) Section 204(b)(1) of the Act (16 U.S.C. 1824(b)(1)) is 
amended to read as follows:
    ``(b) Applications and Permits.--
            ``(1) Eligibility.--(A) Except as provided in subparagraph 
        (B), each foreign nation with which the United States has 
        entered into a governing international fishery agreement shall 
        submit an application to the Secretary of State each year for a 
        permit for each of its fishing vessels that wishes to engage in 
        fishing described in subsection (a).
            ``(B) An owner of a vessel other than a vessel of the 
        United States, who wishes to engage in the transshipment at sea 
        of fish products in the exclusive economic zone or within the 
        boundary of any State, may submit an application to the 
        Secretary each year for a permit for a vessel belonging to that 
        owner, whether or not such vessel is subject to an 
        international fishery agreement described in section 201 (b) or 
        (c).
            ``(C) No permit issued under this section may be valid for 
        longer than a year; and section 558(c) of title 5, United 
        States Code, does not apply to the renewal of any such 
        permit.''.
    (b) Section 204(b)(4) of the Act (16 U.S.C. 1824(b)(4)) is amended 
by--
            (1) inserting ``submitted under paragraph (1)(A)'' after 
        the words ``any application'';
            (2) redesignating subparagraphs (A), (B), and (C) as 
        subparagraphs (i), (ii) and (iii);
            (3) redesignating paragraph (4) as paragraph (4)(A); and
            (4) inserting a new paragraph (4)(B) to read as follows:
                    ``(B) Upon receipt of any application submitted 
                under paragraph (1)(B) which complies with the 
                requirements of paragraph (3), the Secretary shall 
                promptly transmit copies of the application or summary 
                as indicated under subparagraphs (A)(ii) and (iii).''.
    (c) Section 204(b)(5) of the Act (16 U.S.C. 1824(b)(5)) is amended 
by replacing the words ``under paragraph (4)(C)'' with the words 
``submitted under paragraph (1)(A)''.
    (d) Section 204(b)(6) of the Act (16 U.S.C. 1824(b)(6)) is amended 
by--
            (1) replacing the phrase ``transmitted under paragraph 
        (4)(A)'' with the phrase ``submitted under paragraph 1(A)'' in 
        paragraph (6)(A);
            (2) redesignating paragraph (6)(A) as paragraph (6)(A)(i); 
        and
            (3) adding a new subparagraph (A)(ii), as follows:
                    ``(ii) In the case of any application submitted 
                under paragraph (1)(B), the Secretary may approve the 
                application upon determining that the activity 
                described in the application will be in the interest of 
                the United States and will meet the applicable 
                requirements of this Act, and that the owners or 
                operators have agreed to comply with requirements set 
                forth in section 201(c)(2) and have established any 
                bonds or financial assurances that may be required by 
                the Secretary; or the Secretary may disapprove all or 
                any portion of the application.''.
    (e) Section 204(b)(8) of the Act (16 U.S.C. 1824(b)(8)) is amended 
by inserting the words ``, or the agent for the foreign vessel owner 
for any application submitted under paragraph (1)(B)'' at the end of 
subparagraph (A).
    (f) Section 204(b)(9) of the Act (16 U.S.C. 1824(b)(9)) is amended 
by--
            (1) inserting the words ``paragraph (1)(A) of'' after the 
        phrase ``by a foreign nation under'';
            (2) redesignating paragraph (9) as paragraph (9)(A); and
            (3) adding a new paragraph (9)(B) to read as follows:
                    ``(B) If the Secretary does not approve any 
                application submitted by a foreign vessel owner under 
                paragraph (1)(B) of this subsection, the Secretary 
                shall promptly inform the vessel owner of the 
                disapproval and the reasons therefore. The owner, after 
                taking into consideration the reasons for disapproval, 
                may submit a revised application under this 
                subsection.''.
    (g) Section 204(b)(11) of the Act (16 U.S.C. 1824(b)(11)) is 
amended by--
            (1) inserting the words ``submitting an application under 
        paragraph (1)(A)'' after the words ``If a foreign nation'';
            (2) redesignating paragraph (11) as paragraph (11)(A); and
            (3) adding a new paragraph (11)(B), to read as follows:
                    ``(B) If the vessel owner submitting an application 
                under paragraph (1)(B) notifies the Secretary of 
                acceptance of the conditions and restrictions 
                established by the Secretary under paragraph (7), and 
                upon payment of the applicable fees established 
                pursuant to paragraph (10) and confirmation of any 
                bonds or financial assurances that may be required for 
                such fishing, the Secretary shall thereupon issue a 
                permit for the vessel.''.

                      large-scale driftnet fishing

    Sec. 5. Section 206 of the Act (16 U.S.C. 1826) is amended by 
deleting subsection 206(e), and by redesignating subsections (f), (g), 
and (h) as subsections (e), (f), and (g), respectively.

       national standards for fishery conservation and management

    Sec. 6. (a) Section 301(a) of the Act (16 U.S.C. 1851) is amended 
by revising subsection (1) to read as follows:
            ``(1) Conservation and management measures shall prevent 
        overfishing and rebuild depleted stocks. Such measures shall be 
        designed to achieve, on a continuing basis, the optimum yield 
        from each fishery.''.
    (b) Section 301(a) of the Act (16 U.S.C. 1851) is amended by adding 
a new subsection 8 to read as follows:
            ``(8) Conservation and management measures shall, to the 
        extent practicable, minimize the incidental catch of non-target 
        living marine resources that results in the unnecessary waste 
        of those resources.''.

                  regional fishery management councils

    Sec. 7. (a) Section 302(a) of the Act (16 U.S.C. 1852(a)) is 
amended by revising subsection (a)(6) to read as follows:
            ``(6) Pacific council.--The Pacific Fishery Management 
        Council shall consist of the States of California, Oregon, 
        Washington, and Idaho and shall have authority over the 
        fisheries in the Pacific Ocean seaward of such States. The 
        Pacific Council shall have 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 Act (16 U.S.C. 1852(b)) is amended--
            (1) by revising paragraph (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 renumbering subsection (5) as subsection (6), and 
        inserting a new subsection (5) to read as follows:
            ``(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) 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
            (3) by replacing the words ``subsection (b)(2)'' in 
        renumbered subsection (6) with the words ``subsections (b) (2) 
        and (5)''.
    (c) Section 302(h) of the Act (16 U.S.C. 1852(h)) is amended by 
redesignating subparagraphs (2) through (6) as subparagraphs (3) 
through (7), respectively, and by adding a new subparagraph (2) as 
follows:
            ``(2) take immediate action to prepare an amendment to the 
        applicable fishery management plan or to submit proposed 
        regulations--
                    ``(A) to prevent overfishing of a stock or stock 
                complex, as defined in the fishery management plan, 
                from occurring whenever such stock or stock complex, as 
                identified under section 304(h), is determined to be 
                approaching an overfished condition, or
                    ``(B) to stop overfishing of the stock or stock 
                complex, and to restore the stock to a condition that 
                is consistent with producing the maximum sustainable 
                yield when such stock or stock complex is determined to 
                be overfished.
        A Council shall submit a plan amendment or proposed regulations 
        to the Secretary within 1 year from the date of transmittal of 
        the report on the status of stocks, as required under section 
        304(h), to the Council for those stocks that are approaching a 
        condition of being overfished or are overfished.''
    (d) Section 302(i) of the Act (16 U.S.C. 1853(i)) is amended--
            (1) in subparagraph (1)(A) by deleting ``and'' before 
        ``(B)'';
            (2) in subparagraph (1)(B) by deleting the period and 
        replacing it with ``; and'';
            (3) by adding a new subparagraph (1)(C) to read:
                    ``(C) shall be responsible for identifying 
                essential fish habitats.''; and
            (4) by adding a new paragraph (3) as follows:
            ``(3) By December 31, 1995, and annually thereafter, the 
        Councils shall submit for publication by the Secretary a 
        listing of all essential fish habitats identified pursuant to 
        subparagraph (1)(C) for all fishery management plans in effect 
        on that date.''.
    (e) Section 302(k) of the Act (16 U.S.C. 1852(k)) is amended by 
adding a new subparagraph (8) as follows:
            ``(8)(A) An affected individual who has a financial 
        interest that would be significantly affected by a Council 
        decision may not participate in the Council's deliberations 
        relating to that decision, unless such individual receives a 
        written authorization under subparagraph (B) or (C) below. An 
        affected individual who may not participate may comment or 
        testify on the decision as a member of the public.
            ``(B)(i) At the request of an affected individual, or at 
        the initiative of the appropriate regional director, the 
        regional director shall make a determination for the record 
        whether the individual has a financial interest that would be 
        significantly affected by a Council decision.
            ``(ii) If the regional director determines that an affected 
        individual's financial interest would be significantly affected 
        by a Council decision, the regional director may authorize the 
        individual's participation in the decision if the director 
        determines in writing that the need for the individual's 
        participation outweighs the potential for a conflict of 
        interest.
            ``(C) Any Council member may submit a written request to 
        the Assistant Administrator for Fisheries, National Oceanic and 
        Atmospheric Administration, to review any determination by the 
        regional director under subparagraph (B). Such review shall be 
        completed within 90 days of receipt of the request.
            ``(D) If the Council makes a decision before the Assistant 
        Administrator for Fisheries has reviewed a determination or 
        authorization under subparagraph (C), the eventual ruling may 
        not be treated as cause for the invalidation or reconsideration 
        of the decision.
            ``(E) The Secretary is authorized to issue guidelines with 
        respect to making the determinations under sections 8 (A) and 
        (B).''.

                  contents of fishery management plans

    Sec. 8. Section 303 of the Act (16 U.S.C. 1853) is amended in its 
entirety to read as follows:

``SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS AND REGULATIONS.

    ``(a) Fishery Management Plans.--Before undertaking management of 
any fishery, the Council or the Secretary shall prepare a fishery 
management plan, which shall--
            ``(1) contain a description of the fishery, including, but 
        not limited to, the number of vessels involved, the type and 
        quantity of fishing gear used, the species of fish involved and 
        their location, the cost likely to be incurred in management, 
        actual and potential revenues from the fishery, any 
        recreational interest in the fishery, and the nature and extent 
        of foreign fishing and Indian treaty fishing rights, if any;
            ``(2) assess the impact of the fishery on the physical 
        environment, with particular attention to protected species and 
        habitat, and to any stocks of naturally spawning anadromous 
        fish in the region;
            ``(3) identify the problems to be addressed and management 
        objectives to be achieved in regulating the fishery, and 
        outline the primary alternative approaches to resolving the 
        problems and achieving the objectives;
            ``(4) specify an objective and measurable definition of 
        overfishing for each stock or stock complex in the fishery;
            ``(5) assess and specify the present and probable future 
        condition of, and the maximum sustainable yield and optimum 
        yield from, the fishery, and include a summary of the 
        information utilized in making such specification;
            ``(6) establish a process for specifying--
                    ``(A) the capacity and the extent to which fishing 
                vessels of the United States, on an annual basis, will 
                harvest the optimum yield,
                    ``(B) the portion of such optimum yield which, on 
                an annual basis, will not be harvested by fishing 
                vessels of the United States and can be made available 
                for foreign fishing, and
                    ``(C) the capacity and extent to which United 
                States fish processors, on an annual basis, will 
                process that portion of such optimum yield that will be 
                harvested by fishing vessels of the United States;
            ``(7) assess and specify the nature and extent of 
        scientific data that are needed for effective management of the 
        fishery; and
            ``(8) contain a description, based on guidelines developed 
        by the Secretary, of all essential fish habitats including--
                    ``(A) the characteristics that make the habitats 
                essential to the conservation and management of the 
                particular fishery for which the plan was prepared;
                    ``(B) the threats facing the continued viability of 
                each essential fish habitat for the long-term 
                maintenance of the specific fishery;
                    ``(C) the adequacy of the existing regulatory 
                regime in providing long-term protection for these 
                habitats; and
                    ``(D) recommendations for regulatory and 
                nonregulatory actions that should be considered to 
                ensure the long-term protection of these habitats.
    ``(b) Transition.--Councils are encouraged to prepare fishery 
management plans under the new format to replace existing fishery 
management plans. However, any fishery management plan that has not 
been replaced by 1 year from enactment shall be deemed a plan for the 
purposes of the amended Act; the plan's conservation and management 
measures shall be deemed deleted from the document.
    ``(c) Regulations.--Regulations promulgated to conserve and manage 
a fishery--
            ``(1) shall contain the conservation and management 
        measures, applicable to foreign fishing and fishing by vessels 
        of the United States, that are--
                    ``(A) necessary and appropriate for the 
                conservation and management of the fishery to prevent 
                overfishing, and to protect, restore, and promote the 
                long-term health and stability of the fishery;
                    ``(B) described in this subsection; and
                    ``(C) consistent with the national standards, the 
                other provisions of this Act, regulations implementing 
                recommendations by international organizations in which 
                the United States participates (including but not 
                limited to closed areas, quotas, and size limits), and 
                any other applicable law;
            ``(2) shall specify the pertinent data that shall be 
        submitted to the Secretary with respect to the fishery, 
        including, but not limited to, information regarding the type 
        and quantity of fishing gear used, catch by species in numbers 
        of fish or weight thereof, areas in which fishing was engaged 
        in, time of fishing, number of hauls, and the estimated 
        processing capacity of, and the actual processing capacity 
        utilized by, United States fish processors;
            ``(3) may consider and provide for temporary adjustments, 
        after consultation with the Coast Guard and persons utilizing 
        the fishery, regarding access to the fishery for vessels 
        otherwise prevented from harvesting because of weather or other 
        ocean conditions affecting the safe conduct of the fishery; 
        except that the adjustment shall not adversely affect 
        conservation efforts in other fisheries or discriminate among 
        participants in the affected fishery;
            ``(4) may require a permit to be obtained from the 
        Secretary, with respect to--
                    ``(A) any fishing vessel of the United States 
                fishing, or wishing to fish, in the exclusive economic 
                zone or for anadromous species or Continental Shelf 
                fishery resources beyond such zone;
                    ``(B) the operator of any such vessel; and
                    ``(C) any United States fish processor who first 
                receives fish that are subject to the regulations;
            ``(5) may designate zones where, and periods when, fishing 
        shall be limited, or shall not be permitted, or shall be 
        permitted only by specified types of fishing vessels or with 
        specified types and quantities of fishing gear;
            ``(6) may establish specified limitations on the catch of 
        fish (based on area, species, size, number, weight, sex, 
        incidental catch, total biomass, or other factors), which are 
        necessary and appropriate for the conservation and management 
        of the fishery;
            ``(7) may prohibit, limit, condition, or require the use of 
        specified types and quantities of fishing gear, fishing 
        vessels, or equipment for such vessels, including devices which 
        may be required to facilitate enforcement of the provisions of 
        this Act;
            ``(8) may incorporate consistent with the national 
        standards, the other provisions of this Act, and any other 
        applicable law) the relevant fishery conservation and 
        management measures of the coastal States nearest to the 
        fishery;
            ``(9)(A) may establish a system for limiting access to the 
        fishery in order to achieve optimum yield if, in developing 
        such system, the Council and the Secretary take into account--
                    ``(i) present participation in the fishery,
                    ``(ii) historical fishing practices in, and 
                dependence on, the fishery,
                    ``(iii) the economics of the fishery,
                    ``(iv) the capability of fishing vessels used in 
                the fishery to engage in other fisheries,
                    ``(v) the cultural and social framework relevant to 
                the fishery, and
                    ``(vi) any other relevant considerations;
            ``(B) However, regulations may not establish such a limited 
        access system, except for fisheries managed under section 
        304(g)(3), unless such system is first approved by a majority 
        of the voting members, present and voting, of each appropriate 
        Council;
            ``(10) may require fish processors who first receive fish 
        that are subject to the regulations to submit data which are 
        necessary for the conservation and management of the fishery;
            ``(11) may require that observers be carried on board a 
        vessel of the United States engaged in fishing for species that 
        are subject to the regulations, for the purpose of collecting 
        data necessary for the conservation and management of the 
        fishery; except that such a vessel shall not be required to 
        carry an observer on board if the facilities of the vessel for 
        the quartering of an observer, or for carrying out observer 
        functions, are so inadequate or unsafe that the health or 
        safety of the observer or the safe operation of the vessel 
        would be jeopardized; and
            ``(12) may prescribe such other measures, requirements, or 
        conditions and restrictions as are determined to be necessary 
        and appropriate for the conservation and management of the 
        fishery.
    ``(d) Confidentiality of Statistics.--Any statistic submitted to 
the Secretary by any person in compliance with any requirement under 
regulations promulgated under section 305 shall be confidential and 
shall not be disclosed, for a period of three years following the year 
of submission to the Secretary, except--
            ``(1) to Federal employees and Council employees who are 
        responsible for management plan development and monitoring;
            ``(2) to State employees pursuant to an agreement with the 
        Secretary that prevents public disclosure of the identity or 
        business of any person; or
            ``(3) when required by court order.
The Secretary shall, by regulation, prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the Secretary 
may release or make public any such statistics in any aggregate or 
summary form which does not directly or indirectly disclose the 
identity or business of any person who submits such statistics. Nothing 
in this subsection shall be interpreted or construed to prevent the use 
for conservation and management purposes by the Secretary, or with the 
approval of the Secretary, the Council, of any statistic submitted in 
compliance with a requirement under regulations promulgated under 
section 305.
    ``(e) Restriction on Use of Certain Data.--The Secretary shall 
promulgate regulations to restrict the use, in civil enforcement or 
criminal proceedings under this Act, the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1361 et seq.), or the Endangered Species Act (16 
U.S.C. 1531 et seq.), of information collected by voluntary fishery 
data collectors, including sea samplers, while aboard any vessel for 
conservation and management purposes if the presence of such a fishery 
data collector aboard is not required by any of such Acts or 
regulations thereunder.''.

                       pre-rulemaking procedures

    Sec. 9. Section 304 of the Act ``action by the secretary'' (16 
U.S.C. 1854) is amended in its entirety to read as follows:

``SEC. 304. PRE-RULEMAKING PROCEDURES.

    ``(a) Data Collection Programs.--
            ``(1) If a Council determines that additional information 
        and data (other than information and data that would disclose 
        proprietary or confidential commercial or financial information 
        regarding fishing operations or fish processing operations) 
        would be beneficial for the purposes of determining whether a 
        fishery is in need of management, the Council may request that 
        the Secretary implement a data collection program for the 
        fishery which would provide the types of information and data 
        (other than information and data that would disclose 
        proprietary or confidential commercial or financial information 
        regarding fishing operations or fish processing operations) 
        specified by the Council. The Secretary shall approve such a 
        data collection program if he determines that the need is 
        justified, and shall promulgate regulations to implement the 
        program within 60 days after such determination is made. If the 
        Secretary determines that the need for a data collection 
        program is not justified, the Secretary shall inform the 
        Council of the reasons for such determination in writing. The 
        determinations of the Secretary under this subsection regarding 
        a Council request shall be made within a reasonable period of 
        time after he receives that request.
            ``(2) The Secretary shall establish by regulation a nation-
        wide mandatory data collection program to provide basic 
        fisheries performance data. The program shall--
                    ``(A) integrate data collection programs under 
                existing fishery management plans into a non-
                duplicative data collection and management system;
                    ``(B) include all species of fish within the 
                geographical areas of authority of the Councils; and
                    ``(C) coordinate with other data collection 
                programs conducted by the Secretary, other Federal 
                agencies, or by the States, to ensure completeness and 
                to avoid duplication.
    ``(b) Fisheries Research.--
            ``(1) The Secretary shall initiate and maintain, in 
        cooperation with the Councils, a comprehensive program of 
        fishery research to carry out and further the purposes policy, 
        and provisions of this Act. Such program shall be designed to 
        acquire knowledge and information, including statistics, on 
        fishery conservation and management and on the economics of the 
        fisheries.
            ``(2) Within 1 year after the date of enactment of the 
        Fishery Conservation Amendments of 1990, and at least every 
        three years thereafter, the Secretary shall develop publish in 
        the Federal Register a strategic plan for fisheries research 
        for the 5 years immediately following such publication. The 
        plan shall--
                    ``(A) identify and describe a comprehensive program 
                with a limited number of priority objectives for 
                research in each of the areas specified in paragraph 
                (2);
                    ``(B) indicate the goals and timetables for the 
                program described in subparagraph (A); and
                    ``(C) provide a role for affected commercial 
                fishermen in such research, including involvement in 
                field testing.
            ``(3) The areas of research referred to in paragraph (a) 
        are as follows:
                    ``(A) Research to support fishery conservation and 
                management, including research on the economics of 
                fisheries and biological research concerning the 
                interdependence of fisheries or stocks or fish, the 
                impact of pollution on fish populations, the impact of 
                wetland and estuarine degradation, and other matters 
                bearing upon the abundance and availability of fish.
                    ``(B) Conservation engineering research, including 
                the study of fish behavior and the development and 
                testing of new gear technology and fishing techniques 
                to minimize the harvest of nontarget species and 
                promote efficient harvest of target species.
                    ``(C) Information management research, including 
                the development of a fishery information base and an 
                information management system that will permit the full 
                use of data in the support of effective fishery 
                conservation and management.
            ``(4) In developing the plan required under paragraph (1), 
        the Secretary shall consult with relevant federal agencies, 
        scientific and technical experts, and other interested persons, 
        public and private, and shall publish a proposed plan in the 
        Federal Register for the purpose of receiving public comment on 
        the plan. The Secretary shall ensure that affected commercial 
        fishermen are actively involved in the development of the 
        portion of the plan pertaining to conservation engineering 
        research. Upon final publication in the Federal Register, the 
        plan shall be submitted by the Secretary to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Merchant Marine and Fisheries of the House of 
        Representatives.
    ``(c) Incidental Harvest Research.--
            ``(1) Within 9 months after the date of enactment of the 
        Fishery Conservation Amendments of 1990, the Secretary shall, 
        after consultation with the Gulf of Mexico Fishery Management 
        Council and South Atlantic Fishery Management Council, 
        establish by regulation a 3-year program to assess the impact 
        on fishery resources of incidental harvest by the shrimp trawl 
        fishery within the authority of such Councils.
            ``(2) The program established pursuant to paragraph (1) 
        shall provide for the identification of stocks of fish which 
        are subject to significant incidental harvest in the course of 
        normal shrimp trawl fishing activity.
            ``(3) For stocks of fish identified pursuant to paragraph 
        (2), with priority given to stocks which (based upon the best 
        available scientific information) are considered to be 
        overfished, the Secretary shall conduct--
                    ``(A) a program to collect and evaluate data on the 
                nature and extent (including the spatial and temporal 
                distribution) of incidental mortality of such stocks as 
                a direct result of shrimp trawl fishing activities;
                    ``(B) an assessment of the status and condition of 
                such stocks, including collection of information which 
                would allow the estimation of life history parameters 
                with sufficient accuracy and precision to support sound 
                scientific evaluation of the effects of various 
                management alternatives on the status of such stocks; 
                and
                    ``(C) a program of data collection and evaluation 
                for such stocks on the magnitude and distribution of 
                fishing mortality and fishing effort by sources of 
                fishing mortality other than shrimp trawl fishing 
                activity.
            ``(4) The Secretary shall, in cooperation with affected 
        interests, commence a program to design, and evaluate the 
        efficacy of, technological devices and other changes in fishing 
        technology for the reduction of incidental mortality of 
        nontarget fishery resources in the course of shrimp trawl 
        fishing activity. Such program shall take into account local 
        conditions and include evaluation of any reduction in 
        incidental mortality, as well as any reduction or increase in 
        the retention of shrimp in the course of normal fishing 
        activity.
            ``(5) The Secretary shall, upon completion of the programs 
        required by this subsection, submit a detailed report on the 
        results of such programs to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Merchant 
        Marine and Fisheries of the House of Representative.
    ``(d) Action by the Secretary After Receipt of Plan.--After the 
Secretary receives a fishery management plan, or amendment to such 
plan, which was prepared by a Council, the Secretary shall--
            ``(1) immediately commence a review of the management plan 
        or amendment to determine whether it is consistent with the 
        national standards, the other provisions of this Act, and any 
        other applicable law; and
            ``(2) immediately publish in the Federal Register a notice 
        stating that the plan or amendment is available and that 
        written data, views, or comments of interested persons on the 
        document or amendment may be submitted to the Secretary during 
        the 45-day period beginning on the date the notice is 
        published.
    ``(e) Review by the Secretary.--
            ``(1) In undertaking the review required under paragraph 
        (d)(1), the Secretary shall--
                    ``(A) take into account the data, views, and 
                comments received from interested persons;
                    ``(B) consult with the Secretary of State with 
                respect to foreign fishing;
                    ``(C) consult with the Secretary of the department 
                in which the Coast Guard is operating with respect to 
                enforcement at sea and to fishery access adjustments 
                referred to in section 303(c)(3); and
                    ``(D) consult with the Secretary of the Interior 
                with respect to plans that affect anadromous fisheries.
            ``(2) The Secretary shall approve, disapprove, or partially 
        disapprove a plan or amendment within 30 days of the end of the 
        comment period under subsection (d)(2) by written notice to the 
        Council. A notice of disapproval or partial disapproval shall 
        specify--
                    ``(A) the applicable law with which the plan or 
                amendment is inconsistent;
                    ``(B) the nature of such inconsistency(ies); and
                    ``(C) recommendations concerning the actions that 
                could be taken by the Council to conform such plan or 
                amendment to the requirements of applicable law.
            ``(3)(A) If the Secretary disapproves or partially 
        disapproves a plan or amendment, the Council may submit a 
        revised plan or amendment to the Secretary.
            ``(B) After the Secretary receives a revised plan or 
        amendment the Secretary shall follow the procedures specified 
        in subsections (d) and (e).
    ``(f) Preparation by the Secretary.--
            ``(1) The Secretary may prepare a fishery management plan, 
        with respect to any fishery, or any amendment to any such plan, 
        in accordance with the national standards, the other provisions 
        of this Act, and any other applicable law, if--
                    ``(A) the appropriate Council fails to develop and 
                submit to the Secretary, after a reasonable period of 
                time, a fishery management plan for such fishery, or 
                any necessary amendment to such plan, if such fishery 
                requires conservation and management; or
                    ``(B) the Secretary disapproves or partially 
                disapproves any such plan or amendment, or disapproves 
                a revised plan or amendment, and the Council involved 
                fails to submit a revised or further revised plan or 
                amendment, as the case may be.
        In preparing any such plan or amendment, the Secretary shall 
        consult with the Secretary of State with respect to foreign 
        fishing and with the Secretary of the department in which the 
        Coast Guard is operating with respect to enforcement at sea.
            ``(2) The Secretary shall prepare a fishery management plan 
        amendment or proposed regulations if the appropriate Council 
        fails to submit an amendment or proposed regulations to the 
        Secretary, under section 302(h)(2), within 1 year after 
        determining that any managed stock is overfished.
            ``(3)(A) Whenever, under paragraph (1), the Secretary 
        prepares a fishery management plan or amendment, the Secretary 
        shall immediately--
                    ``(i) submit such plan or amendment to the 
                appropriate Council for consideration and comment; and
                    ``(ii) publish in the Federal Register a notice 
                stating that the plan or amendment is available and 
                that written data, views, or comments of interested 
                persons on the plan or amendment may be submitted to 
                the Secretary during the 45-day period beginning on the 
                date the notice is published.
            ``(B) The appropriate Council must submit its comments and 
        recommendations, if any, regarding the plan or amendment to the 
        Secretary before the close of the 45-day period referred to in 
        subparagraph (A)(ii). After the close of such 45-day period, 
        the Secretary, after taking into account any such comments and 
        recommendations, as well as any views, data, or comments 
        submitted under subparagraph (A)(ii), may adopt such plan or 
        amendment.
    ``(g) Fisheries Under Authority of More Than One Council.--
            ``(1) Except as provided in paragraph (3), if any fishery 
        extends beyond the geographical area of authority of any one 
        Council, the Secretary may--
                    ``(A) designate which Council shall prepare the 
                fishery management plan for such fishery and any 
                amendment to such plan, and prepare proposed 
                regulations for such fishery; and
                    ``(B) may require that the plan, amendment, and 
                proposed regulations be prepared jointly by the 
                Councils concerned.
        No jointly prepared fishery management plan, amendment, or 
        proposed regulations may be submitted to the Secretary, unless 
        approved by a majority of the voting members, present and 
        voting, of each Council concerned.
            ``(2) The Secretary shall establish the boundaries between 
        the geographical areas of authority of adjacent Councils.
            ``(3)(A) The Secretary shall have authority over any highly 
        migratory species fishery that is within the geographical area 
        of authority of more than one of the following Councils: New 
        England Council, Mid-Atlantic Council, South Atlantic Council, 
        Gulf Council, and Caribbean Council.
            ``(B) In accordance with the provisions of this Act and any 
        other applicable law, the Secretary shall--
                    ``(i) identify research and information priorities, 
                including observer requirements and necessary data 
                collection and analysis for the conservation and 
                management of highly migratory species;
                    ``(ii) prepare and amend fishery management plan 
                with respect to highly migratory species fisheries to 
                which this paragraph applies; and
                    ``(iii) diligently pursue, through international 
                entities (such as the International Commission for the 
                Conservation of Atlantic Tunas), international fishery 
                management measures with respect to fishing for highly 
                migratory species.
            ``(C) In preparing or amending any fishery management plan 
        and in promulgating any regulations for fisheries covered by 
        this paragraph, the Secretary shall--
                    ``(i) conduct public hearings, at appropriate times 
                and in appropriate locations in the geographical areas 
                concerned, so as to allow interested persons an 
                opportunity to be heard in the preparation and 
                amendment of the plan and regulations;
                    ``(ii) consult with and consider the comments and 
                views of commissioners and advisory groups appointed 
                under Acts implementing relevant international fishery 
                agreements pertaining to highly migratory species;
                    ``(iii) consult with and consider the comments and 
                views of affected Councils;
                    ``(iv) evaluate the likely effects, if any, of 
                conservation and management measures on participants in 
                the affected fisheries and minimize, to the extent 
                practicable, any disadvantage to United States 
                fishermen in relation to foreign competitors; and
                    ``(v) review, on a continuing basis (and promptly 
                whenever a recommendation pertaining to fishing for 
                highly migratory species has been made under a relevant 
                international fishery agreement), and revise as 
                appropriate, the conservation and management measures 
                for the fishery.
            ``(D) Conservation and management measures adopted under 
        this paragraph shall--
                    ``(i) take into consideration traditional fishing 
                patterns of fishing vessels of the United States and 
                the operating requirements of the fisheries;
                    ``(ii) be fair and equitable in allocating fishing 
                privileges among United States fishermen and not have 
                economic allocation as the sole purpose; and
                    ``(iii) promote international conservation.
            ``(E) In implementing the provisions of this paragraph, the 
        Secretary shall consult with--
                    ``(i) the Secretary of State;
                    ``(ii) commissioners and advisory groups appointed 
                under Acts implementing relevant international fishery 
                agreements pertaining to highly migratory species; and
                    ``(iii) appropriate Councils.
    ``(h) Report on Status of Stocks.--The Secretary shall report 
annually to the Councils the status of stocks under their jurisdiction 
and identify those stocks that are approaching a condition of being 
overfished or are overfished.''.

                               rulemaking

    Sec. 10. Section 305 of the Act ``implementation of fishery 
management plans'' (16 U.S.C. 1854) is amended in its entirety to read 
as follows:

``SEC. 305. RULEMAKING.

    ``(a) Proposed Regulations.--
            ``(1) The Council may submit proposed regulations 
        consistent with an approved plan or amendment, following public 
        hearings as specified in section 302(h), for action by the 
        Secretary under this section.
                    ``(A) Such regulations shall be accompanied by a 
                fishery impact statement which shall assess, specify, 
                and describe the likely effects, if any, of the 
                regulations on--
                            ``(i) participants in the fisheries 
                        affected by the regulations; and
                            ``(ii) participants in the fisheries 
                        conducted in adjacent areas under the authority 
                        of another Council, after consultation with 
                        such Council and representatives of those 
                        participants.
                    ``(B) After the Secretary receives proposed 
                regulations prepared by a Council, the Secretary shall 
                immediately make a preliminary evaluation of the 
                proposed regulations for purposes of deciding if they 
                are consistent with the fishery management plan and the 
                national standards.
                    ``(C) If that decision is affirmative, the 
                Secretary shall immediately publish such regulations, 
                with such changes as may be necessary for clarity or 
                enforceability, in the Federal Register, together with 
                an explanation of those changes.
                    ``(D) If that decision is negative, the Secretary 
                shall notify the Council in writing of the 
                inconsistencies.
             ``(2) The Secretary may promulgate proposed regulations 
        consistent with any plan or amendment prepared by the 
        Secretary.
            ``(3) The comment period on proposed regulations shall be 
        45 days, except that the Secretary may shorten the comment 
        period on minor revisions to existing rules.
    ``(b) Implementation.--The Secretary shall promulgate final 
regulations within 45 days after the end of the comment period under 
subsection (a)(3). The Secretary must publish an explanation of any 
substantive differences between the proposed and final rules. All final 
regulations must be consistent with the plan, with the national 
standards and other provisions of this Act, and with other applicable 
law.
    ``(c) Emergency Actions.--
            ``(1) If the Secretary finds that an emergency exists 
        involving any fishery, he may promulgate emergency regulations 
        necessary to address the emergency, without regard to whether a 
        fishery management plan exists for such fishery.
            ``(2) If a Council finds that an emergency exists involving 
        any fishery within its jurisdiction, whether or not a fishery 
        management plan exists for such fishery--
                    ``(A) the Secretary shall promulgate emergency 
                regulations under paragraph (1) to address the 
                emergency if the Council, by unanimous vote of the 
                members who are voting members, requests the taking of 
                such actions; and
                    ``(B) The Secretary may promulgate emergency 
                regulations under paragraph (1) to address the 
                emergency if the Council, by less than a unanimous 
                vote, requests the taking of such action.
            ``(3) Any emergency regulation which is inconsistent with 
        an existing fishery management plan shall be treated as an 
        amendment to such document for the period in which such 
        regulation is in effect. Any emergency regulation promulgated 
        under this subsection--
                    ``(A) shall be published in the Federal Register 
                together with the reasons therefor;
                    ``(B) shall remain in effect for not more than 90 
                days after the date of publication, except that any 
                such regulation may be promulgated for an additional 
                period of not more than 270 days: Provided, That the 
                public has had an opportunity to comment on the 
                emergency regulation, and, in the case of a Council 
                recommendation for emergency regulations, the Council 
                is actively preparing a fishery management plan, 
                amendment, or proposed regulations to address the 
                emergency on a permanent basis;
                    ``(C) that responds to a public health emergency 
                may remain in effect until the circumstances that 
                created the emergency no longer exist, provided the 
                public has an opportunity to comment after the 
                regulation is published; and
                    ``(D) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination, except for emergency 
                regulations promulgated under paragraph (2) in which 
                case such early termination may be made only upon the 
                agreement of the Secretary and the Council concerned.
    ``(d) Establishment of Fees.--
            ``(1) The Secretary may establish fees for any permit 
        issued pursuant to this Act. The level of any such fees shall 
        be fair and equitable to all participants in the fisheries, and 
        meet the requirements of section 9701(b) of title 31, United 
        States Code. The Secretary may enter into a cooperative 
        agreement with the States concerned, under which the States 
        administer the permit system; the agreement may provide that 
        all or part of the fees collected under this system shall 
        accrue to the States.
            ``(2) The Secretary may establish fees by regulation to pay 
        the costs of implementing conservation and management measures 
        authorized by this Act, when it is determined by the Secretary 
        that participants in the fishery will receive direct and 
        substantial benefits from such measures. The level of any such 
        fees shall be fair and equitable to all participants in the 
        fisheries, and meet the requirements of section 9701(b) of 
        title 31, United States Code.
            ``(3) The Secretary shall establish fees on the value of 
        fish authorized to be taken under individual harvest shares 
        assigned to persons or vessels pursuant to a limited access 
        system. Fees assessed under this paragraph shall not exceed 3 
        percent annually of the value of fish authorized to be taken 
        under individual harvest shares. The Secretary shall, by 
        regulation, prescribe the method of determining the value of 
        fish authorized to be taken by such shares, the amount of each 
        respective fee on an annual basis, and the method of collecting 
        such fees.
            ``(4) The Secretary shall establish fees on the ex-vessel 
        value of all fish upon the first sale within the jurisdiction 
        of the United States. Fees under this paragraph shall not 
        exceed one percent of the value of such fish. The Secretary 
        shall, by regulation, prescribe the method of determining the 
        value of such fish and the method of collecting such fees.
    ``(e) Fees Contingent on Appropriations.--The fees authorized in 
subsection (d) shall be collected, credited to the Operations, 
Research, and Facilities appropriation, and available until expended 
for the purposes specified in subsection (f), only to the extent and in 
the amounts provided in advance in appropriations Acts.
    ``(f) Use of Fees.--Fees authorized in subsection (d) may be 
expended for the following purposes--
            ``(1) collecting, processing, and analyzing economic, 
        social, biological, and statistical information concerning 
        marine recreational and commercial fishing and supporting 
        activities;
            ``(2) placing observers on domestic fishing vessels;
            ``(3) conducting scientific research and publishing 
        information concerning abundance, distribution, and ecology of 
        marine fish;
            ``(4) conserving and managing stocks of marine fish, 
        including, but not limited to, developing, monitoring, and 
        implementing fishery management plans and regulations;
            ``(5) improving enforcement of marine conservation 
        programs;
            ``(6) educating resource users and the general public on 
        aspects of marine conservation programs;
            ``(7) carrying out the other provisions of this Act; and
            ``(8) reducing harvesting capacity, including the removal 
        from a fishery of fishing vessels and permits issued by the 
        United States Government for fishing privileges if the 
        Secretary finds that--
                    ``(A) the fishery, for which a fishery management 
                plan is prepared, is determined to be overfished as 
                defined within that plan;
                    ``(B) the fishery is materially affected by a 
                fishery management plan's stock recovery requirements;
                    ``(C) the fishery is economically depressed; and
                    ``(D) the fishery is managed pursuant to a limited 
                access program under section 303(c)(9) of the Act.
    ``(g) Responsibility of the Secretary.--The Secretary shall have 
general responsibility to carry out the provisions of this Act. The 
Secretary may promulgate such regulations, in accordance with section 
553 of title 5, United States Code, as may be necessary to discharge 
such responsibility.
    ``(h) Effect of Certain Laws on Certain Time Requirements.--The 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order 
Numbered 12866, dated September 30, 1993, shall be complied with within 
the time limitations specified in subsection (b) as they apply to the 
functions of the Secretary under such provisions.
    ``(i) Judicial Review.--
            ``(1) Regulations promulgated by the Secretary under this 
        Act and actions described in paragraph (2) shall be subject to 
        judicial review to the extent authorized by, and in accordance 
        with, chapter 7 of title 5, United States Code, if a complaint 
        for such review is filed within 30 days after the date on which 
        the regulations are promulgated or the action is published in 
        the Federal Register, as applicable; except that--
                    ``(A) section 705 of such title is not applicable, 
                and
                    ``(B) the appropriate court shall only set aside 
                any such regulation or action on a ground specified in 
                section 706(2) (A), (B), (C), or (D) of such title.
            ``(2) The actions referred to in paragraph (1) are actions 
        that are taken by the Secretary under regulations which 
        implement a fishery management plan, including but not limited 
        to actions that establish the date of closure of a fishery to 
        commercial or recreational fishing.
            ``(3)(A) Notwithstanding any other provision of law, the 
        Secretary shall file a response to any complaint filed in 
        accordance with paragraph (1), not later than 45 days after the 
        date the Secretary is served with that complaint, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            ``(B) A response of the Secretary under this paragraph 
        shall include a copy of the administrative record for the 
        regulations that are the subject of the petition.
            ``(4) Upon a motion by the person who files a complaint 
        under this subsection, the appropriate court shall assign the 
        matter for hearing at the earliest possible date and shall 
        expedite the matter in every possible way.''.

                           state jurisdiction

    Sec. 11. Section 306(c)(1) of the Act (16 U.S.C. 1856(c)(1)) is 
amended by--
            (1) deleting the word ``and'' from subparagraph 1(A);
            (2) deleting the period from the end of subparagraph (B) 
        and replacing it with ``; and''; and
            (3) by inserting immediately after subparagraph (B) of the 
        following new subparagraph:
                    ``(C) the owner or operator of the vessel submits 
                reports on the tonnage of fish received from U.S. 
                vessels and the locations from which such fish were 
                harvested, in accordance with such procedures as the 
                Secretary by regulation shall prescribe.''.

                            prohibited acts

    Sec. 12. (a) Section 307(1)(L) of the Act (16 U.S.C. 1857(1)(L)) is 
amended to read as follows:
                    ``(L) to forcibly assault, resist, oppose, impede, 
                intimidate, or interfere with any observer on a vessel 
                under this Act, or any data collector employed by or 
                under contract to the National Marine Fisheries 
                Service;''.
    (b) Section 307(1)(M) of the Act (16 U.S.C. 1857(1)(M)) is amended 
by deleting ``; or'' after the word ``nation'' and inserting the 
following: ``: Provided, That--
            ``(i) a vessel used to engage in large-scale driftnet 
        fishing is deemed to be subject to the jurisdiction of the 
        United States if it is used to engage in such fishing shoreward 
        of the outer boundary of the exclusive economic zone of the 
        United States, it is a vessel of the United States, it is a 
        stateless vessel, or it is a foreign-flag vessel and the flag-
        state authorizes the United States to exercise jurisdiction 
        over it, and
            ``(ii) it shall be a rebuttable presumption that any vessel 
        that is shoreward of the outer boundary of the exclusive 
        economic zone of the United States or beyond the exclusive 
        economic zone of any nation, and that has onboard gear that is 
        capable of use for large-scale driftnet fishing, is engaged in 
        such fishing; or''.
    (c) Section 307(2)(A) of the Act (16 U.S.C. 1857(2)(A)) is amended 
to read as follows:
                    ``(A) in fishing within the boundaries of any 
                State, except--
                            ``(i) recreational fishing permitted under 
                        section 201(i),
                            ``(ii) fish processing permitted under 
                        section 306(c), or
                            ``(iii) transhipment at sea of fish 
                        products within the boundaries of any State in 
                        accordance with a permit approved under section 
                        204(b)(6)(A)(ii);''.
    (d) Section 307(3) of the Act (16 U.S.C. 1857(3)) is amended to 
read:
            ``(3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, to 
        transfer at sea directly or indirectly, or attempt to so 
        transfer at sea, any United States harvested fish to any 
        foreign fishing vessel, while such foreign vessel is within the 
        exclusive economic zone or within the boundaries of any State 
        except to the extent that the foreign fishing vessel has been 
        permitted under section 204(b)(6)(B) or section 306(c) to 
        receive such fish;''.
    (e) Section 307(4) of the Act (16 U.S.C. Sec. 1857(4)) is amended 
by adding after the word ``zone'' the following phrase, ``or within the 
boundaries of any State''.

                  civil penalties and permit sanctions

    Sec. 13. (a) Section 308(b) of the Act (16 U.S.C. 1858(b)) is 
amended by deleting the first sentence and substituting the following: 
``Any person against whom a civil penalty is assessed under subsection 
(a), or against whom a permit sanction is imposed under subsection (g) 
(other than a permit suspension for nonpayment of penalty or fine), may 
obtain review thereof in the United States district court for the 
appropriate district by filing a complaint against the Secretary in 
such court within 30 days from the date of such order.''.
    (b) Section 308(g)(1)(C) of the Act (16 U.S.C. 1858(g)(1)(C)) is 
amended to read as follows:
                    ``(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other property, or 
                any civil penalty or criminal fine imposed on a vessel 
                or owner or operator of a vessel or any other person 
                who has been issued or has applied for a permit under 
                any fishery resource law statute enforced by the 
                Secretary, has not been paid and is overdue, the 
                Secretary may--''.

                              enforcement

    Sec. 14. (a) Section 311(e)(1) of the Act (16 U.S.C. 1861(e)(1)) is 
amended by--
            (1) substituting the word ``marine'' for the word 
        ``fishery'' in the chapeau, and in subparagraphs (A) and (B); 
        and
            (2) by amending subparagraph (E) to read as follows:
                    ``(E) claims of parties in interest to property 
                disposed of under section 612(b) of the Tariff Act of 
                1930 (19 U.S.C. 1612(b)), as made applicable by section 
                310(c) of this Act or by any other marine resource law 
                enforced by the Secretary, to seizures made by the 
                Secretary, in amounts determined by the Secretary to be 
                applicable to such claims at the time of seizure; 
                and''.
    (b) Section 311(e)(2) of the Act (16 U.S.C. 1861(e)(2)) is amended 
to read as follows:
            ``(2) Any person found in an administrative or judicial 
        proceeding to have committed any violation of this Act or any 
        other marine resource law enforced by the Secretary shall be 
        liable for the cost incurred in the sale, storage, care, and 
        maintenance of any fish or other property seized in connection 
        with the violation.''.

                   observers wages as maritime liens

    Sec. 15. The Act is amended by adding the following new section:
    ``Sec. 312. Observers' Wages As Seamen's Liens.--Claims for 
observers' wages shall be considered maritime liens against the vessel 
and be accorded the same priority as seamen's liens under admiralty and 
general maritime law.''.

                         conforming amendments

    Sec. 16. (a) Section 2(b)(4) of the Act is amended by replacing the 
words ``fishery management plan'' with the words ``conservation and 
management measures''.
    (b) Section 2(b)(5) of the Act is amended by replacing, each time 
it appears, the word ``plans'' with the word ``measures''.
    (c) Section 3(31) of the Act is amended by replacing the words 
``for which a fishery management plan prepared under title III or a 
preliminary fishery management plan prepared under section 201(h) has 
been implemented'' with the words ``regulated under this Act''.
    (d) Section 201(c) of the Act is amended by deleting the phrase ``, 
including any regulations promulgated to implement any applicable 
fishery management plan or any preliminary fishery management plan''.
    (e) Section 201 of the Act (16 U.S.C. 1821) is amended by replacing 
``(g)'' in subsection (a)(2) with ``(f)'' and by replacing ``(i)'' in 
subsection (c)(2)(D) with ``(h)''.
    (f) Section 201(g) of the Act is amended by replacing the words 
``no fishery management plan for that fishery will be prepared and 
implemented'' with the words ``no regulations for that fishery will be 
promulgated''; by replacing the phrase ``303(a)(5)'' with the phrase 
``303(c)(2)''; by replacing the phrase ``303(b)(2), (3), (4), (5), and 
(7)'' with the phrase ``303(c)(5), (6), (7), (8), and (10)''; by 
replacing the words ``a fishery management plan is prepared and 
implemented'' with the words ``regulations are promulgated''; and, in 
the final sentence, by deleting the words ``implementing the applicable 
fishery management plan''.
    (g) Section 201(h) of the Act is amended by replacing the words 
``management plans'' with the word ``regulations''.
    (h) Section 201(i) of the Act is amended by replacing the words 
``fishery management plan implemented'' with the words ``regulations 
promulgated''.
    (i) Section 204(b)(7)(A) of the Act is amended to read as follows:
                    ``(A) All of the requirements of regulations 
                promulgated under section 201(g) or under title III.''.
    (j) Section 302(h)(3) of the Act (16 U.S.C. 1852(h)) is amended by 
replacing ``204(b)(4)(C)'' with ``204(b)(4)(A)(iii)''.
    (k) Section 302(h)(4) of the Act is amended by replacing the words 
``fishery management plans and amendments to such plans'' with the word 
``regulations''.
    (l) Section 302(h)(6) of the Act is amended by replacing the phrase 
``303(a) (3) and (4)'' with the phrase ``303(a) (5) and (6)'', and by 
replacing the phrase ``304(f)(3)'' with the phrase ``304(g)(3)''.
    (m) Section 306(b)(1) of the Act is amended by replacing in 
subsection (A), the words ``covered by a fishery management plan 
implemented'' with the words ``regulations promulgated''; by replacing, 
in subsection (B), the words ``fishery management plan'' with the word 
``regulations''; and by replacing the words ``such fishery management 
plan and the regulations promulgated to implement such plan'' with the 
words ``regulations promulgated for such fishery''.
    (n) Section 307(1)(J)(i) of the Act is amended by deleting the 
words ``American Lobster Fishery Management Plan, as implemented by'' 
and the words ``, or any successor to that plan, implemented under this 
title''.
    (o) Section 307(2)(B) of the Act (16 U.S.C. Sec. 1857(2)(B)) is 
amended by replacing ``201(j)'' with ``201(i)''.
    (p) Section 311(f) of the Act is amended by replacing the words 
``Fishery Management Plan'' in the subhead with the word 
``Regulations''; by replacing the words ``Fishery Management Plan'' in 
subsection (1) with the word ``regulations''; by replacing the words 
``fishery management plan approved'' in subsection (2) with the words 
``regulations promulgated''; by replacing the words ``under the 
Northeast Multispecies Fishery Management Plan'' in subsection (3) with 
the words ``for the Northeast Multispecies fishery''; and by replacing, 
in subsection (4), the words ``Fishery Management Plan'' with the word 
``regulations'' and the words ``that Plan'' with the words ``those 
regulations''.
    (q) Section 314(c) of the Act is amended by revising the subhead to 
read ``management of underutilized species''; by adding the Phrase 
``and regulations'' after ``fishery management plans''; and by 
replacing the words ``covered under such a plan'' with the words 
``regulated under this Act''.

                    authorization of appropriations

    Sec. 17. Section 406 of the Act (16 U.S.C. 1882) is amended by 
adding at the end the following new paragraph:
            ``(20) $103,218,000 for the fiscal year ending September 
        30, 1994, $142,502,000 for the fiscal year ending September 30, 
        1995, and such sums as may be necessary for fiscal year 
        1996.''.

                                 <all>

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```