II

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.

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

3 TITLE I—MAGNUSON FISHERY CONSERVA4 TION AND MANAGEMENT ACT AMEND5 MENTS.

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Magnuson Fishery

8 Conservation and Management Act Amendments of

9 1994’’.
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1 SEC. 102. AMENDMENTS TO FINDINGS, PURPOSES AND POL2 ICY.

3 Section 2 of the Magnuson Fishery Conservation and

4 Management Act (Public Law 94–265), as amended (16

5 U.S.C. 1801), is amended—

6 (1) in subsection (b)(5), by striking the word

7 ‘‘and’’ that precedes ‘‘(B)’’, and adding at the end

8 thereof: ‘‘(C) which are free from conflicts of inter9 est affecting any Council member; and’’; and

10 (2) in subsection (c)(3), by inserting ‘‘consist11 ent with conflict of interest law’’, between ‘‘citizens’’

12 and the semicolon.

13 SEC. 103. AMENDMENTS TO DEFINITIONS.

14 Section 3 of the Magnuson Fishery Conservation and

15 Management Act (Public Law 94–265), as amended (16

16 U.S.C. 1802), is amended by—

17 (1) revising paragraph (20) to read as follows:

18 ‘‘(20) The term ‘observer’ means a person—

19 ‘‘(A) required or authorized to be carried

20 on a vessel for conservation and management

21 purposes by regulations or permits under this

22 Act; and

23 ‘‘(B) if assigned the responsibilities of col24 lecting or interpreting data necessary for the

25 conservation and management of a fishery, that

26 has received adequate training and has dem-
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1 onstrated to the Secretary competence in fish2 eries science and statistical analysis at a level

3 sufficient to enable such person to correctly ful4 fill such responsibilities.’’; and

5 (2) inserting ‘‘United States consumers’’ imme6 diately following ‘‘food production’’ in paragraph

7 21(A).

8 SEC. 104. AMENDMENTS TO NATIONAL STANDARDS FOR

9 FISHERY CONSERVATION AND MANAGEMENT.

10 (a) Section 301(a) of the Magnuson Fishery Con11 servation and Management Act (Public Law 94–265), as

12 amended (16 U.S.C. 1851(a)), is amended—

13 (1) in paragraph (5), by inserting ‘‘, including

14 the reduction of excessive fishing capacity and avoid15 able bycatch and discards as technologically fea16 sible’’ immediately after ‘‘resource’’ and before the

17 semicolon; and

18 (2) adding the following new subsection at the

19 end thereof:

20 ‘‘(8) Conservation and management measures

21 shall promote safety of life and property at sea.’’.

22 (b) Section 301(b) of the Magnuson Fishery Con23 servation and Management Act (Public Law 94–265), as

24 amended (16 U.S.C. 1851(b)), is amended by striking the
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1 word ‘‘advisory’’ and the phrase ‘‘(which shall not have

2 the force and effect of law),’’.

3 SEC. 105. AMENDMENTS TO REGIONAL FISHERY MANAGE4 MENT COUNCILS.

5 (a) Section 302(a) of the Magnuson Fishery Con6 servation and Management Act (Public Law 94–265), as

7 amended (16 U.S.C. 1852(a)), is amended by revising

8 paragraph (6) to read as follows:

9 ‘‘(6) PACIFIC COUNCIL.—The Pacific Fishery

10 Management Council shall consist of the States Cali11 fornia, Oregon, Washington, and Idaho and shall

12 have authority over the fisheries in the Pacific

13 Ocean seaward of such States. The Pacific Council

14 shall have 14 voting members, including 8 appointed

15 by the Secretary in accordance with subsection

16 (b)(2) (at least one of whom shall be appointed from

17 each such State), and including one appointed from

18 an Indian tribe with federally recognized fishing

19 rights from California, Oregon, Washington, or

20 Idaho.’’.

21 (b) Section 302(b) of the Magnuson Fishery Con22 servation and Management Act (Public Law 94–265), as

23 amended (16 U.S.C. 1852(b)), is amended—

24 (1) by revising subparagraph (C) of subsection

25 (b)(1) to read as follows:
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1 ‘‘(C) The members required to be appointed by

2 the Secretary in accordance with subsections (b) (2)

3 and (5).’’;

4 (2) by inserting the following new sentence im5 mediately after the first sentence in paragraph

6 (2)(B): ‘‘In making such an appointment, the Sec7 retary shall give the lowest priority to paid rep8 resentatives and lobbyists of fishery associations un9 less such individuals are also directly employed in a

10 commercial fishery.’’;

11 (3) by adding the following new subparagraph

12 at the end of subsection (b)(2):

13 ‘‘(E) As trustees of the Nation’s fishery resources,

14 all voting members of each Council shall take the following

15 oath:

16 ‘I, llllll, as a duly appointed member

17 of a Regional Fishery Management Council estab18 lished under the Magnuson Fishery Conservation

19 and Management Act, hereby promise to conserve

20 and manage the living resources of the United

21 States of America by carrying out the business of

22 the Council for the greatest overall benefit of the

23 Nation, without regard to my own personal benefit.

24 I recognize my responsibility to serve as a knowl25 edgeable and experienced trustee of the Nation’s ma-
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1 rine fishery resources, being careful to balance com2 peting private or regional interests, and always

3 aware and protective of the public interest in those

4 resources. I commit myself to uphold the provisions,

5 standards, and requirements of the Magnuson Fish6 ery Conservation and Management Act and other

7 applicable law, and shall conduct myself at all times

8 according to the rules of conduct prescribed by the

9 Secretary of Commerce. I fully understand the civil

10 and criminal consequences of my failure to disclose

11 properly my financial interests and to recuse myself

12 from Council actions in accordance with the require13 ment of law. This oath is freely given and without

14 mental reservation or purpose of evasion.’ ’’;

15 (4) by renumbering paragraph (5) as paragraph

16 (6), and inserting the following new paragraph (5):

17 ‘‘(5)(A) The Secretary shall appoint to the Pacific

18 Fishery Management Council one representative, des19 ignated by the Secretary of the Interior, of an Indian tribe

20 with federally recognized fishing rights from California,

21 Oregon, Washington, or Idaho, from a list of not less than

22 three individuals submitted by the tribal governments. The

23 representative shall serve for a term of three years and

24 may not be reappointed to the consecutive term.
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1 ‘‘(B) Representation shall be rotated among the

2 tribes taking into consideration—

3 ‘‘(i) the qualifications of the individuals on the

4 list referred to in subparagraph (A),

5 ‘‘(ii) the various treaty rights of the Indian

6 tribes involved and judicial cases that set forth how

7 those rights are to be exercised, and

8 ‘‘(iii) the geographic area in which the tribe of

9 the representative is located.

10 ‘‘(C) With respect to appointments made under this

11 paragraph, a vacancy occurring prior to the expiration of

12 any term shall be filled in the same manner set out in

13 subparagraphs (A) and (B), except that the Secretary may

14 use the list from which the vacating representative was

15 chosen. A representative appointed to fill such a vacancy

16 may not be reappointed to a consecutive term.’’; and

17 (5) by revising renumbered paragraph (6) to

18 read as follows:

19 ‘‘(6) The Secretary may remove for cause any mem20 ber of a Council required to be appointed by the Secretary

21 in accordance with subsections (b)(2) and (5) if—

22 ‘‘(A) the Council concerned first recommends

23 removal by not less than two-thirds of the members

24 who are voting members and submits such removal

25 recommendation to the Secretary in writing includ-
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1 ing a statement of the basis for the recommendation;

2 or

3 ‘‘(B) the Secretary makes a written determina4 tion, including a statement of the basis for the de5 termination, that the member has violated the con6 flict of interest prohibitions of subsection 302(k).’’.

7 (c) Section 302(e) of the Magnuson Fishery Con8 servation and Management Act (Public Law 94–265), as

9 amended (16 U.S.C. 1852(e)), is amended by revising

10 paragraph (1) to read as follows:

11 ‘‘(1)(A) A majority of the voting members of

12 any Council shall constitute a quorum, but one or

13 more such members designated by the Council may

14 hold hearings. Except as provided in subparagraph

15 (B), all decisions of any Council shall be by majority

16 vote of the voting members present and voting.

17 ‘‘(B) A Council decision that results in an eco18 nomic allocation among United States fishermen

19 shall require an affirmative vote by not less than

20 two-thirds of the voting members present and vot21 ing.’’.

22 (d) Section 302(g) of the Magnuson Fishery Con23 servation and Management Act (Public Law 94–265), as

24 amended (16 U.S.C. 1852(g)), is amended by revising

25 paragraph (1) to read as follows:
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1 ‘‘(1) Each Council shall establish and maintain,

2 and appoint the members of, a scientific and statis3 tical committee which shall—

4 ‘‘(A) determine the allowable biological

5 catch for each fishery under the Council’s juris6 diction based on the best scientific information

7 available;

8 ‘‘(B) submit reports on its findings, includ9 ing all determinations of allowable biological

10 catch, to the Secretary, the affected Council,

11 the National Marine Fisheries Service, inter12 ested state agencies, and, upon request, other

13 interested parties; and

14 ‘‘(C) otherwise assist the Council in the de15 velopment, collection, and evaluation of such

16 statistical, biological, economic, social, and

17 other scientific information as is relevant to

18 such Council’s development and amendment of

19 any fishery management plan.’’.

20 (e) Section 302(h) of Magnuson Fishery Conserva21 tion and Management Act (Public Law 94–265), as

22 amended (16 U.S.C. 1852(h)), is amended by redesignat23 ing paragraphs (4), (5), and (6) as paragraphs (5), (6),

24 and (7) respectively, and inserting the following new para25 graph:
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1 ‘‘(4) fully consider and evaluate all viable alter2 natives for achieving the conservation and manage3 ment objectives of any fishery management plan pre4 pared by the Council;’’.

5 (f) Section 302(j) of the Magnuson Fishery Conserva6 tion and Management Act (Public Law 94–265), as

7 amended (16 U.S.C. 1852(j)), is amended by—

8 (1) revising paragraph (1) to read as follows:

9 ‘‘(1) The Federal Advisory Committee Act (5

10 U.S.C. App. 1) shall apply to the Councils, but not

11 to the scientific and statistical committees or advi12 sory panels of the Councils.’’;

13 (2) adding the following at the end of para14 graph (2)(C): ‘‘Interested persons may propose to

15 modify the published agenda of a meeting by sub16 mitting to a Council, panel or committee within 10

17 calendar days of the published date of the meeting

18 a petition containing a written description of the

19 proposed modification signed by not less than two

20 Council members. In order to facilitate meaningful

21 public participation, all final agendas shall be made

22 available to the public in advance of a meeting and

23 shall be adhered to.’’;

24 (3) adding the following at the end of para25 graph (2)(D): ‘‘All data submitted to a Council by
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1 interested person shall include a statement of the

2 source and date of such information. No data may

3 be submitted to or entered into the record of a

4 Council that has not been reviewed and verified to

5 be accurate by the Council’s Scientific and Statis6 tical Committee. All oral and written statements and

7 certified data submitted to a Council shall be pre8 ceded by a statement of the qualifications and inter9 est, including financial interest, of the witness in the

10 subject of the oral or written statement or data. All

11 written statements submitted to a Council shall be

12 attested to by the author and all oral statements

13 shall be made under oath.’’;

14 (4) revising paragraph (2)(E) to read as fol15 lows:

16 ‘‘(E) A report of each meeting, including

17 public hearings held under subsection (h)(3),

18 shall be filed with the Secretary and made

19 available to the public and shall contain a

20 record of the persons present, a written tran21 script of the discussion, and copies of all writ22 ten statements, including financial interest dis23 closure statements, and certified data filed.’’;

24 (5) striking ‘‘minutes’’ in paragraph (2)(F) and

25 inserting ‘‘reports’’ in lieu thereof; and
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1 (6) inserting the following new subparagraph at

2 the end thereof:

3 ‘‘(G) A copy of each document and record

4 referred to in this paragraph shall be a part of

5 any submission to the Secretary under section

6 304(a) and shall constitute part of the Adminis7 trative record for purposes of section 305(b).’’.

8 (g) Section 302(k) of Magnuson Fishery Conserva9 tion and Management Act (Public Law 94–265), as

10 amended (16 U.S.C. 1852(k)), is amended—

11 (1) by inserting ‘‘AND RECUSAL’’ immediately

12 before the period at the end of the subsection head13 ing;

14 (2) by revising paragraph (2)(B) to read as fol15 lows:

16 ‘‘(B) the spouse, child, grandchild, parent,

17 sibling, or partner of the individual; and’’;

18 (3) by revising paragraph (3)(B) to read as fol19 lows:

20 ‘‘(B) in the case of an affected individual

21 referred to in paragraph (1) (B) or (C), to the

22 appointing authority not less than 14 days prior

23 to taking office.’’;
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1 (4) by striking the period at the end of para2 graph (5)(B) and inserting in lieu thereof ‘‘and the

3 office of the Secretary; and’’;

4 (5) by adding the following new subparagraph

5 at the end of paragraph (5):

6 ‘‘(C) be inserted at the beginning of any

7 written transcript of Council meetings required

8 under section 302(j).’’;

9 (6) in paragraph (6) by striking ‘‘the regula10 tions’’ and all that follows and inserting the follow11 ing: ‘‘this subsection shall require the action to be

12 reconsidered by the Council without the participation

13 of the affected individual if the vote of the affected

14 individual would have resulted in a different action

15 by the Council under subsection (e)(1).’’;

16 (7) by redesignation paragraph (7) as para17 graph (8) and inserting after paragraph (6) the fol18 lowing:

19 ‘‘(7)(A) A Council member required to disclose

20 a financial interest under paragraph (2) shall recuse

21 himself or herself from voting on Council actions

22 that have a direct and predictable effect on that in23 terest. A Council action shall be considered to have

24 a direct and predictable effect on a financial interest

25 if there is a close causal link between the Council
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1 and any expected effect of the Council action on the

2 financial interest. An effect may be considered to be

3 direct and predictable even through it does not occur

4 immediately.

5 ‘‘(B) If the authority of a Council member to

6 vote in an action is challenged by another Council

7 member on the basis of subparagraph (A), the Coun8 cil shall provide to the Council member whose au9 thority is challenged an opportunity to respond.

10 ‘‘(C) If, after being provided an opportunity to

11 respond, the Council member does not recuse him12 self or herself, and that member of the Council

13 member challenging his or her authority requests

14 that the National Marine Fisheries Service Regional

15 Director for the region of the Council make a deter16 mination, then the Regional Director, after consulta17 tion with the National Oceanic and Atmospheric Ad18 ministration General Counsel, shall determine

19 whether the member is required to recuse himself or

20 herself under subparagraph (A). If the Regional Di21 rector determines that recusal is required, the mem22 ber shall recuse himself or herself from voting in the

23 action and shall state for the record, for purposes of

24 subparagraph (E), how he or she would have voted.
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1 ‘‘(D) Any Council member may within 14 days

2 after the determination of the Regional Director

3 under subparagraph (C) or the vote of a Council

4 under subsection (e)(1), appeal such determination

5 or vote to the Secretary, who shall within not more

6 than 30 calendar days after the date of the appeal

7 make a final determination of whether the Council

8 member who is the subject of the appeal is required

9 to recuse himself or herself.

10 ‘‘(E) A vote of a Council with respect to which

11 an appeal to the Secretary is made under subpara12 graph (D) shall not be final before the date the Sec13 retary issues a determination under subparagraph

14 (D). If the Secretary determines that the Council

15 member is not required to recuse himself or herself,

16 the vote of the member in the action shall be the

17 vote stated for the record under subparagraph (C).’’;

18 (8) in paragraph (8), redesignated, by striking

19 ‘‘with the regulations prescribed under paragraph

20 (5)’’ and inserting ‘‘this subsection’’; and

21 (9) by adding the following new paragraph at

22 the end thereof:

23 ‘‘(9) In fulfilling their responsibilities under this

24 Act, the Regional Directors of the National Marine

25 Fisheries Service and all Council staff members shall
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1 avoid any action which might result in, or create the

2 appearance of—

3 ‘‘(A) using public office for private gain;

4 ‘‘(B) giving preferential treatment to any

5 person;

6 ‘‘(C) impeding Government efficiency or

7 economy;

8 ‘‘(D) losing complete independence or im9 partiality;

10 ‘‘(E) making a government decision out11 side official channels; or

12 ‘‘(F) affecting adversely the confidence of

13 the public in the integrity of the Government.’’.

14 SEC. 106. AMENDMENTS TO CONTENTS OF FISHERY MAN15 AGEMENT PLANS.

16 (a) Section 303(a) of the Magnuson Fishery Con17 servation and Management Act (Public Law 94–265), as

18 amended (16 U.S.C. 1853(a)), is amended by redesignat19 ing paragraphs (2) through (9) as (3) through (10), re20 spectively, and inserting the following new paragraph:

21 ‘‘(2) be based upon—

22 ‘‘(A) a full evaluation of all viable alter23 natives for achieving the conservation and man24 agement objectives of the plan; and
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1 ‘‘(B) a clear preponderance of evidence in

2 the record.’’

3 (b) Section 303(d) of the Magnuson Fishery Con4 servation and Management Act (Public Law 94–265), as

5 amended (16 U.S.C. 1853(d)), is amended by—

6 (1) striking ‘‘or’’ at the end of paragraph (2);

7 (2) striking the period at the end of paragraph

8 (3) and inserting the following in lieu thereof: ‘‘;

9 or’’; and

10 (3) inserting the following new paragraph at

11 the end thereof:

12 ‘‘(4) when recommended to the Secretary by a

13 two-thirds majority vote of the voting members of a

14 Council as necessary to manage a fishery, or to im15 plement a system for limiting access to a fishery,

16 under its management authority.’’.

17 SEC. 107. AMENDMENTS TO ACTION BY THE SECRETARY.

18 Section 304 of the Magnuson Fishery Conservation

19 and Management Act (Public Law 94–265), as amended

20 (16 U.S.C. 1854), is amended—

21 (1) in subsection (c)(3), by striking all that fol22 lows ‘‘unless’’, and inserting the following in lieu

23 thereof: ‘‘the Secretary first makes a written deter24 mination that the fishery is overcapitalized.’’.
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1 (2) by redesignating subsections (d) through (g)

2 as subsections (e) through (h) respectively, and in3 serting the following new subsection (d):

4 ‘‘(d) ACTION ON REGULATORY AMENDMENTS.—

5 ‘‘(1) After the receipt date when the Secretary

6 receives a regulatory amendment which was pre7 pared by a Council, the Secretary shall—

8 ‘‘(A) immediately commence a review of

9 the regulatory amendment to determine wheth10 er it is consistent with the fishery management

11 plan, the national standards, the other provi12 sions of this Act, and any other applicable law;

13 and

14 ‘‘(B) immediately publish in the Federal

15 Register the Council’s proposed regulations for

16 a 30-day public comment period.

17 ‘‘(2)(A) The Secretary shall take action under

18 this section on any regulatory amendment which the

19 Council characterizes as being a final regulatory

20 amendment.

21 ‘‘(B) For purposes of this section, ‘receipt date’

22 means the 5th day after the day on which a Council

23 transmits to the Secretary a regulatory amendment

24 that it characterizes as a final regulatory amend25 ment.
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1 ‘‘(3) If the Secretary does not notify the Coun2 cil in writing of his disapproval or partial dis3 approval by the 60th day after the receipt date, a

4 regulatory amendment will take effect and be imple5 mented.

6 ‘‘(4) If after review the Secretary determines

7 that the regulatory amendment is not consistent

8 with the criteria set forth in paragraph (1)(A), the

9 Secretary shall notify the Council in writing of his

10 disapproval or partial disapproval of the regulatory

11 amendment. Such notice shall specify—

12 ‘‘(A) the applicable law or provision of the

13 fishery management plan with which the regu14 latory amendment is inconsistent;

15 ‘‘(B) the nature of such inconsistencies;

16 and

17 ‘‘(C) recommendations concerning the ac18 tions that could be taken by the Council to con19 form such regulatory amendment to the re20 quirements of applicable law and the fishery

21 management plan.

22 ‘‘(5) If the Secretary disapproves or partially

23 disapproves a regulatory amendment, the Council

24 may submit a revised regulatory amendment to the

25 Secretary.
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1 ‘‘(6) After the Secretary receives a revised regu2 latory amendment, the Secretary shall imme3 diately—

4 ‘‘(A) commence a review of the regulatory

5 amendment to determine if it complies with the

6 criteria set forth in paragraph (1)(A); and

7 ‘‘(B) publish the revised regulations in the

8 Federal Register for a 15-day public comment

9 period.

10 ‘‘(7) Before the close of the 30th day after the

11 revised receipt date, the Secretary, after taking into

12 account any public comments, shall complete the re13 view and determine whether the regulatory amend14 ment complies with the criteria set forth in para15 graph (1)(A). If the Secretary determines that the

16 revised regulatory amendment is not in compliance

17 with such criteria, he shall immediately notify the

18 Council of his disapproval. After notifying a Council

19 of disapproval, the Secretary shall promptly provide

20 to the Council a written statement of the reasons on

21 which the disapproval was based and advise the

22 Council that it may submit a further revised regu23 latory amendment for review and determination

24 under this paragraph. If the Secretary does not no25 tify the Council in writing of his disapproval or par-
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1 tial disapproval by the 30th day after the receipt

2 date, a regulatory amendment will take effect and be

3 implemented.’’.

4 SEC. 108. AMENDMENTS TO IMPLEMENTATION OF FISH5 ERY MANAGEMENT PLANS.

6 Section 305(c) of the Magnuson Fishery Conserva7 tion and Management Act (Public Law 94–265), as

8 amended (16 U.S.C. 1855(c)), is amended—

9 (1) in paragraph (2)(A), by inserting ‘‘and the

10 scientific and statistical committee’’ between ‘‘Coun11 cil’’ and the comma;

12 (2) in paragraph (2)(B), by inserting ‘‘and the

13 scientific and statistical committee by no less than

14 two-thirds vote,’’ between ‘‘vote’’ and ‘‘requests’’;

15 and

16 (3) in paragraph (3)(B), by striking ‘‘90 days’’

17 and inserting the following in lieu thereof: ‘‘270

18 days: Provided, That the public has had an oppor19 tunity to comment on the proposed emergency regu20 lation, and, in the case of a Council recommendation

21 for emergency regulations, the Council is actively

22 preparing a fishery management plan, amendment

23 or proposed regulations to address the emergency on

24 a permanent basis’’.
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1 SEC. 109. AMENDMENTS TO STATE JURISDICTION.

2 Section 306(a) of the Magnuson Fishery Conserva3 tion and Management Act (Public Law 94–265), as

4 amended (16 U.S.C. 1856(a)), is amended by—

5 (1) by striking ‘‘paragraph (2)’’ in paragraph

6 (3) and inserting the following in lieu thereof: ‘‘para7 graphs (2) and (4)’’; and

8 (2) adding the following new paragraph at the

9 end thereof:

10 ‘‘(4) In the limited case of a fishery for which

11 there is no fishery management plan approved and

12 implemented pursuant to this Act and for which a

13 State has a legitimate interest in the management of

14 the fishery, a State may—

15 ‘‘(A) enforce its laws and regulations with

16 respect to fishing within the EEZ, and the

17 landing of fish within that State that were

18 taken from the EEZ, if its laws and regulations

19 are consistent with an interjurisdictional fish20 eries management plan adopted by a Marine

21 Fisheries Commission, the national standards,

22 the other provisions of this Act, any relevant

23 fishery management plan or amendments there24 to which are approved and implemented under

25 this Act, and any other applicable law; or
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1 ‘‘(B) in the absence of applicable laws and

2 regulations adopted by the appropriate Marine

3 Fisheries Commission, enforce its laws and reg4 ulations if the Secretary determines that—

5 ‘‘(i) the fishing in the fishery which

6 occurs within the EEZ is conducted pre7 dominantly by vessels registered in that

8 State; and

9 ‘‘(ii) such laws and regulations are

10 consistent with the national standards, the

11 other provisions of this Act, any relevant

12 fishery management plan or amendments

13 thereto which are approved and imple14 mented under this Act, and any other ap15 plicable law.’’.

16 SEC. 110. AMENDMENTS TO PROHIBITED ACTS.

17 Section 307(1) of the Magnuson Fishery Conserva18 tion and Management Act (Public Law 94–265), as

19 amended (16 U.S.C. 1857(1)), is amended by—

20 (1) inserting ‘‘present testimony or in any man21 ner’’ between ‘‘willfully’’ and ‘‘submit’’ in paragraph

22 (I);

23 (2) striking ‘‘or’’ at the end of paragraph (M);

24 (3) striking the period at the end of paragraph

25 (N) and inserting ‘‘; or’’ in lieu thereof; and
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1 (4) adding the following new paragraph at the

2 end thereof:

3 ‘‘(O) to submit false information, or fail to

4 submit required information, pursuant to sub5 section 302(k), or for a Council member to fail

6 to recuse himself or herself as required pursu7 ant to subsection 302(k)(7).’’.

8 SEC. 111. AMENDMENTS TO CRIMINAL OFFENSES.

9 Section 309(a)(1) of the Magnuson Fishery Con10 servation and Management Act (Public Law 94–265), as

11 amended (16 U.S.C. 1859(a)(1)), is amended by—

12 (1) striking ‘‘or’’ that precedes ‘‘(L)’’; and

13 (2) inserting ‘‘or (O)’’ immediately after ‘‘(L)’’.

14 SEC. 112. AMENDMENTS TO ENFORCEMENT.

15 Section 311(b)(1) of the Magnuson Fishery Con16 servation and Management Act (Public Law 94–265), as

17 amended (16 U.S.C. 1861(b)(1)), is amended by revising

18 paragraph (A)(iii) to read as follows:

19 ‘‘(iii) seize any fishing vessel (together

20 with its fishing gear, furniture, appur21 tenances, stores, and cargo) used or em22 ployed in, or with respect to which there is

23 probable cause to believe that such vessel

24 was used or employed in, the violation of

25 any provision of this Act: Provided, That
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1 no vessel may be detained for more than

2 36 hours unless a Federal magistrate de3 termines that such detention is necessary

4 to prevent a continuing violation of the

5 Act;’’.

6 SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

7 Section 406 of the Magnuson Fishery Conservation

8 and Management Act (Public Law 94–265), as amended

9 (16 U.S.C. 1822), is amended by adding at the end there10 of:

11 ‘‘(20) $103,218,000 for the fiscal year ending

12 September 30, 1994, and $142,502,000 for the fis13 cal year ending September 30, 1995.’’.

14 SEC. 114. EFFECTIVE DATE.

15 Sections 104 through 112 of this Title shall take ef16 fect 90 days after the date of enactment of this Act. The

17 Secretary is authorized and directed to proceed during the

18 90 days after the date of enactment of this Act with such

19 regulatory proceedings, personnel actions, and other ac20 tivities as he finds necessary to implement fully Sections

21 104 through 112 of this Title upon their effective date.
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1 TITLE II—TRANSFER OF U.S. FLAG FISH2 ING AND PROCESSING VESSEL REG3 ISTRIES.

4 SEC. 201. SHORT TITLE.

5 This title may be cited as the ‘‘U.S. Fishery Capital6 ization Reduction Act of 1994.’’.

7 SEC. 202. FINDINGS AND PURPOSE.

8 (a) FINDINGS.—The Congress finds that—

9 (1) many United States fisheries are currently

10 overcapitalized and overcapitalization has diminished

11 the effectiveness of the Magnuson Fishery Conserva12 tion and Management Act (Public Law 94–265), as

13 amended (16 U.S.C. 1801 et seq.) and other United

14 States fishery laws and regulations to achieve Unit15 ed States fishery conservation and management ob16 jectives;

17 (2) significant opportunities exist for United

18 States vessel owners to pursue ventures with foreign

19 entities which would result in the permanent trans20 fer of vessel ownership to foreign entities in coun21 tries which may lack long-term political or economic

22 stability; and

23 (3) in the event that political and economic in24 stability in such foreign countries cause such ven25 tures to fail forcing United States fishing vessels to
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1 return to the United States, such vessels would be

2 denied coastwise trading privileges under United

3 States law and would be unable to effectively partici4 pate in United States fisheries.

5 (b) PURPOSE.—It is therefore declared to be the pur6 pose of Congress in this Act to promote the reduction in

7 capitalization in United States fisheries by encouraging

8 the establishment of foreign fishing ventures that would

9 result in the permanent transfer of United States fishing

10 vessels from United States to foreign fisheries.

11 SEC. 203. APPROVAL FOR CERTAIN FISHING AND FISH

12 PROCESSING VESSELS TO REENTER UNITED

13 STATES COASTWISE TRADE.

14 (a) REENTRY INTO UNITED STATES FISHERIES AND

15 COASTWISE TRADE.—

16 (1) RE-ACQUISITION OF RIGHT TO ENGAGE IN

17 COASTWISE TRADE.—Notwithstanding the first pro18 viso of section 27 of the Merchant Marine Act, 1920

19 (46 App. U.S.C. 883), a vessel described in sub20 section (b) shall not be prohibited from acquiring

21 the right to engage in the coastwise trade by reason

22 of being placed under foreign registry.

23 (2) LIMITATIONS ON SUBSEQUENT OPERATION

24 IN FISHERIES AND COASTWISE TRADE.—In addition

25 to other limitations and requirements applicable to
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1 operation in the fisheries or coastwise trade, the op2 eration of a vessel described in subsection (b) which

3 has been sold to a person that is not a citizen of the

4 United States or placed under foreign registry is

5 subject to the following limitations:

6 (A) Subject to subparagraph (B), the ves7 sel may only engage in fisheries or coastwise

8 trade in which it was eligible to engage before

9 the vessel was placed under foreign registry.

10 (B) The vessel may not engage in any op11 eration other than—

12 (i) fishing,

13 (ii) fish processing, and

14 (iii) the transportation of fish, fish

15 products, or materials directly related to

16 fishing or the preparation of fish, to or

17 from a fishing vessel, fish processing ves18 sel, fish tender vessel, or fish proceeding

19 facility.

20 (C) All drydocking, conversion, repair (ex21 cept routine maintenance or emergency repair),

22 or rebuilding of the vessel after the date on

23 which the vessel is placed under foreign registry

24 shall be performed in shipyards located in the

25 United States.
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1 (3) EXPIRATION OF AUTHORITY TO REEN2 TER.—Paragraph (1) does not apply to a vessel

3 after the date that is 10 years after the effective

4 date of this Title.

5 (b) VESSELS DESCRIBED.—The vessels referred to in

6 subsection (a) are the following:

7 (1) M/V ALASKAN ENTERPRISE (United States

8 official number 595760).

9 (2) M/V AMERICAN ENTERPRISE (United States

10 official number 594803).

11 (3) M/V ARCTIC BARUNA II (United States offi12 cial number 996921).

13 (4) M/V ARCTIC ENTERPRISE (United States of14 ficial number 248169).

15 (5) F/V ARCTIC I (United States official num16 ber 678234).

17 (6) F/V ARCTIC III (United States official num18 ber 647985).

19 (7) F/V ARCTIC IV (United States official num20 ber 936302).

21 (8) M/V ARCTIC V (United States official num22 ber 550931).

23 (9) F/V ARCTIC VI (United States official num24 ber 988598).
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1 (10) M/V ARCTIC BARUNA (United States offi2 cial number 996920).

3 (11) M/V ATKA ENTERPRISE (United States of4 ficial number 555416).

5 (12) M/V BERING ENTERPRISE (United States

6 official number 610869).

7 (13) M/V BRISTOL ENTERPRISE (United States

8 official number 604439).

9 (14) M/V GULF WIND (United States official

10 number 611520).

11 (15) M/V GLACIER ENTERPRISE (United States

12 official number 603561).

13 (16) M/V HARVESTER ENTERPRISE (United

14 States official number 584902).

15 (17) M/V ISLAND ENTERPRISE (United States

16 official number 610290).

17 (18) M/V KISKA ENTERPRISE (United States of18 ficial number 642653).

19 (19) M/V KODIAK ENTERPRISE (United States

20 official number 579450).

21 (20) M/V NORTHERN ENTERPRISE (United

22 States official number 629978).

23 (21) M/V NORTHWEST ENTERPRISE (United

24 States official number 609384).
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1 (22) M/V OCEAN ENTERPRISE (United States

2 official number 678236).

3 (23) M/V PACIFIC ENTERPRISE (United States

4 official number 678237).

5 (24) M/V PACIFIC WIND (United States official

6 number 624429).

7 (25) M/V SOUTHERN WIND (United States offi8 cial number 625927).

9 (26) M/V ROYAL ENTERPRISE (United States

10 official number 615663).

11 (27) M/V SEATTLE ENTERPRISE (United States

12 official number 9047670).

13 (28) M/V UNIMAK ENTERPRISE (United States

14 official number 637693).

15 (29) M/V U.S. ENTERPRISE (United States offi16 cial number 921112).

17 (30) M/V WESTERN ENTERPRISE (United

18 States official number 629826).

19 (31) M/V WESTWARD WIND (United States offi20 cial number 595289).

21 (32) M/V ALL ALASKAN (United States official

22 number 248773).

23 (33) F/V JUNO (United States official number

24 260614).
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1 (34) F/V ALASKA TRADER (United States offi2 cial number 567664).

3 (35) F/V OCEAN TEMPEST (United States offi4 cial number 509743).

5 (36) F/V SHELIKOF (United States official

6 number 597967).

7 (37) F/V SEA PRODUCER (United States official

8 number 284437).

9 (38) F/V MAGNUM (United States official num10 ber 529675).

11 (39) F/V OCEANIC (United States official num12 ber 500320).

13 (40) F/V SEA WIND (United States official

14 number 610220).

15 (41) F/V SOURDOUGH (United States official

16 number 597229).

17 (42) F/V RONDYS (United States official num18 ber 291085).

19 (43) F/V SJOVIND (United States official num20 ber 587409).

21 (44) F/V WINDY BAY (United States official

22 number 296697).

23 (45) F/V ROYAL SEA (United States official

24 number 518441).
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1 (46) F/V SNOW KING (United States official

2 number 5344721).

3 (47) F/V ROYAL KING (United States official

4 number 592205).

5 (48) F/V RESOLUTE (United States official

6 number 553631).

7 (49) F/V ARCTIC TRAWLER (United States offi8 cial number 517242).

9 (50) F/V NORTHERN GLACIER (United States

10 official number 663457).

11 (51) F/V AMERICAN CHAMPION (United States

12 official number 527411).

13 (52) F/V SAGA SEA (United States official num14 ber 965039).

15 (53) F/V HEATHER SEA (United States official

16 number 946773).

17 (54) F/V CLAYMORE SEA (United States official

18 number 935475).

19 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this

20 title shall be considered to amend, supersede, or otherwise

21 affect—

22 (1) the Magnuson Fishery Conservation and

23 Management Act (Public Law 94–265), as amended

24 (16 U.S.C. 1801 et seq.);
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1 (2) fishery management plans (including

2 amendments thereto) in effect under that Act; or

3 (3) regulations promulgated pursuant to that

4 Act.

5 SEC. 204. EFFECTIVE DATE.

6 The effective date of this title shall be the date of

7 enactment of this Act.

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