I

104TH CONGRESS

1ST SESSION H. R. 39

To amend the Magnuson Fishery Conservation and Management Act to

improve fisheries management.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend the Magnuson Fishery Conservation and

Management Act to improve fisheries management.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fishery Conservation

5 and Management Amendments of 1995’’.

6 SEC. 2. AMENDMENT OF THE MAGNUSON FISHERY CON7 SERVATION AND MANAGEMENT ACT.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi-
2

•HR 39 IH

1 sion, the reference shall be considered to be made to a

2 section or other provision of the Magnuson Fishery Con3 servation and Management Act (16 U.S.C. 1801 et seq.).

4 SEC. 3. FINDINGS, PURPOSES, AND POLICY.

5 (a) FINDINGS.—Section 2(a) (16 U.S.C. 1801(a)) is

6 amended—

7 (1) in paragraph (2)—

8 (A) by striking ‘‘and (B)’’ and inserting

9 ‘‘(B)’’; and

10 (B) by inserting before the period at the

11 end the following: ‘‘, and (C) losses of essential

12 fishery habitat can diminish the ability of

13 stocks of fish to survive’’;

14 (2) in paragraph (6) by inserting after ‘‘to in15 sure conservation,’’ the following: ‘‘to provide long16 term conservation of essential fishery habitat,’’; and

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

18 ‘‘(9) Continuing loss of essential fishery habitat

19 poses a long-term threat to the viability of commer20 cial and recreational fisheries of the United States.

21 To conserve and manage the fishery resources of the

22 United States, increased attention must be given to

23 the protection of this habitat .’’.

24 (b) PURPOSES.—Section 2(b) (16 U.S.C. 1801(b)) is

25 amended—
3

•HR 39 IH

1 (1) by striking ‘‘and’’ after the semicolon at the

2 end of paragraph (5);

3 (2) by striking the period at the end of para4 graph (6) and inserting a semicolon; and

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

6 ‘‘(7) to promote the conservation of essential

7 fishery habitat in the review of projects that affect

8 essential fishery habitat; and

9 ‘‘(8) to ensure that conservation and manage10 ment decisions with respect to the Nation’s fishery

11 resources are made in a fair and equitable manner.’’.

12 (c) POLICY.—Section 2(c)(3) (16 U.S.C. 1801(c)(3))

13 is amended by inserting after ‘‘practical measures that’’

14 the following: ‘‘minimize bycatch and’’.

15 SEC. 4. DEFINITIONS.

16 Section 3 (16 U.S.C. 1802) is amended—

17 (1) in paragraph (4)—

18 (A) by striking ‘‘COLENTERATA’’ from the

19 heading of the list of corals and inserting

20 ‘‘CNIDARIA’’; and

21 (B) in the list appearing under the heading

22 ‘‘CRUSTACEA’’, by striking ‘‘DEEP-SEA RED

23 CRAB-GERYON QUINQUEDENS’’ and inserting

24 ‘‘DEEP-SEA RED CRAB-CHACEON

25 QUINQUEDENS’’;
4

•HR 39 IH

1 (2) in paragraph (16) by striking ‘‘of one and

2 one half miles’’ and inserting ‘‘of two and one-half

3 kilometers’’;

4 (3) in paragraph (17) by striking ‘‘Pacific Ma5 rine Fisheries Commission’’ and inserting ‘‘Pacific

6 States Marine Fisheries Commission’’;

7 (4) in paragraph (31) by striking ‘‘for which a

8 fishery management plan prepared under title III or

9 a preliminary fishery management plan prepared

10 under section 201(h) has been implemented’’ and in11 serting ‘‘regulated under this Act’’; and

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

13 ‘‘(34) The term ‘bycatch’ means fish which are

14 harvested by a fishing vessel, but which are not sold

15 or kept for personal use, including economic and

16 regulatory discards.

17 ‘‘(35) The term ‘economic discards’ means fish

18 which are the target of a fishery, but which are not

19 retained by the fishing vessel which harvested them

20 because they are of an undesirable size, sex, or qual21 ity, or for other economic reasons.

22 ‘‘(36) The term ‘regulatory discards’ means fish

23 caught in a fishery which fishermen are required by

24 regulation to discard whenever caught, or are re25 quired by regulation to retain but not sell.
5

•HR 39 IH

1 ‘‘(37) The term ‘fishery dependent community’

2 means a community which is substantially dependent

3 on the harvest of fishery resources to meet social

4 and economic needs.

5 ‘‘(38) The term ‘essential fishery habitat’

6 means those areas necessary to fish for spawning,

7 breeding, or growth to maturity.

8 ‘‘(39) The term ‘overfishing’ means a level or

9 rate of fishing mortality that jeopardizes the ability

10 of a stock of fish to produce maximum sustainable

11 yield on a continuing basis.

12 ‘‘(40) The term ‘rebuilding program’ means

13 those conservation and management measures nec14 essary to restore the ability of a stock of fish to

15 produce maximum sustainable yield on a continuing

16 basis.

17 ‘‘(41) The term ‘total allowable catch’ means

18 the total amount of fish in a fishery that may be

19 harvested in a fishing season, as established in ac20 cordance with a fishery management plan for the

21 fishery.’’.

22 SEC. 5. FOREIGN FISHING.

23 (a) TRANSSHIPMENT PERMITS.—
6

•HR 39 IH

1 (1) AUTHORITY TO OPERATE UNDER TRANS2 SHIPMENT PERMITS.—Section 201(a)(1) (16 U.S.C.

3 1821(a)(1)) is amended to read as follows:

4 ‘‘(1) is authorized under subsection (b) or (c) or

5 under a permit issued under section 204(d);’’.

6 (2) AUTHORITY TO ISSUE TRANSSHIPMENT

7 PERMITS.—Section 204 (16 U.S.C. 1824) is amend8 ed by adding at the end the following:

9 ‘‘(d) TRANSSHIPMENT PERMITS.—

10 ‘‘(1) AUTHORITY TO ISSUE PERMITS.—The Sec11 retary may issue a transshipment permit under this

12 subsection which authorizes a vessel other than a

13 vessel of the United States to engage in fishing con14 sisting solely of transporting fish products at sea

15 from a point within the boundaries of any State or

16 the exclusive economic zone to a point outside the

17 United States to any person who—

18 ‘‘(A) submits an application which is ap19 proved by the Secretary under paragraph (3);

20 and

21 ‘‘(B) pays a fee imposed under paragraph

22 (7).

23 ‘‘(2) TRANSMITTAL.—Upon receipt of an appli24 cation for a permit under this subsection, the Sec25 retary shall promptly transmit copies of the applica-
7

•HR 39 IH

1 tion to the Secretary of the department in which the

2 Coast Guard is operating, any appropriate Council,

3 and any interested State.

4 ‘‘(3) APPROVAL OF APPLICATION.—The Sec5 retary may approve an application for a permit

6 under this section if the Secretary determines that—

7 ‘‘(A) the transportation of fish products to

8 be conducted under the permit, as described in

9 the application, will be in the interest of the

10 United States and will meet the applicable re11 quirements of this Act;

12 ‘‘(B) the applicant will comply with the re13 quirements described in section 201(c)(2) with

14 respect to activities authorized by any permit

15 issued pursuant to the application;

16 ‘‘(C) the applicant has established any

17 bonds or financial assurances that may be re18 quired by the Secretary; and

19 ‘‘(D) vessels of the United States do not

20 have adequate capacity, or will not utilize such

21 capacity, to perform the transportation for

22 which the application is submitted.

23 ‘‘(4) WHOLE OR PARTIAL APPROVAL.—The Sec24 retary may approve all or any portion of an applica25 tion under paragraph (3).
8

•HR 39 IH

1 ‘‘(5) FAILURE TO APPROVE APPLICATION.—If

2 the Secretary does not approve any portion of an ap3 plication submitted under paragraph (1), the Sec4 retary shall promptly inform the applicant and speci5 fy the reasons therefor.

6 ‘‘(6) CONDITIONS AND RESTRICTIONS.—The

7 Secretary shall establish and include in each permit

8 under this subsection conditions and restrictions

9 which shall be complied with by the owner and oper10 ator of the vessel for which the permit is issued. The

11 conditions and restrictions shall include the require12 ments, regulations, and restrictions set forth in sub13 section (b)(7).

14 ‘‘(7) FEES.—The Secretary shall collect a fee

15 for each permit issued under this subsection, in an

16 amount adequate to recover the costs incurred by

17 the United States in issuing the permit.’’.

18 (b) FOREIGN FISHING FOR ATLANTIC HERRING AND

19 ATLANTIC MACKEREL.—Section 201(f) (16 U.S.C.

20 1801(f)) is amended to read as follows:

21 ‘‘(f) FOREIGN FISHING FOR ATLANTIC HERRING

22 AND ATLANTIC MACKEREL.—

23 ‘‘(1) The Congress finds that sufficient United

24 States harvesting capacity exists and will continue to

25 exist at least through 1999 in the Atlantic herring
9

•HR 39 IH

1 and Atlantic mackerel fisheries so that no surplus

2 exists in those fisheries under the United Nations

3 Convention on the Law of the Sea.

4 ‘‘(2) No allocation of Atlantic herring or Atlan5 tic mackerel may be made under subsection (e) be6 fore March 17, 1999.’’.

7 (c) PERIOD FOR CONGRESSIONAL REVIEW OF GOV8 ERNING INTERNATIONAL FISHERY AGREEMENTS.—Sec9 tion 203 (16 U.S.C. 1823) is amended—

10 (1) in subsection (a) by striking ‘‘60 calendar

11 days of continuous session of the Congress’’ and in12 serting ‘‘120 calendar days (excluding any days in a

13 period for which the Congress is adjourned sine

14 die)’’;

15 (2) by striking subsection (c); and

16 (3) by redesignating subsection (d) as sub17 section (c).

18 (d) TECHNICAL CORRECTION.—

19 (1) CORRECTION.—Section 201(e)(1)(E)(iv) (16

20 U.S.C. 1821(e)(1)(E)(iv)) is amended by inserting

21 ‘‘or special areas’’ after ‘‘the exclusive economic

22 zone’’.

23 (2) APPLICATION.—The amendment made by

24 paragraph (1) shall take effect on the date it would

25 take effect if it were enacted by section 301(d)(2) of
10

•HR 39 IH

1 the Act entitled ‘‘An Act to provide for the designa2 tion of the Flower Garden Banks National Marine

3 Sanctuary’’, approved March 9, 1992 (Public Law

4 102–251; 106 Stat. 63).

5 SEC. 6. LARGE-SCALE DRIFT NET FISHING.

6 Section 206(e) (16 U.S.C. 1826(e)) is amended to

7 read as follows:

8 ‘‘(e) REPORT.—Not later than March 17th of each

9 year, the Secretary, after consultation with the Secretary

10 of State and the Secretary of the department in which the

11 Coast Guard is operating, shall submit to the Committee

12 on Commerce, Science, and Transportation of the Senate

13 and the Committee on Resources of the House of Rep14 resentatives a list of those nations whose nationals or ves15 sels conduct, and of those nations that authorize their na16 tionals to conduct, large-scale drift net fishing beyond the

17 exclusive economic zone of any nation in a manner that

18 diminishes the effectiveness of, or is inconsistent with, any

19 international agreement governing large-scale drift net

20 fishing to which the United States is a party or otherwise

21 subscribes.’’.
11

•HR 39 IH

1 SEC. 7. NATIONAL STANDARD FOR FISHERY CONSERVA2 TION AND MANAGEMENT TO MINIMIZE

3 BYCATCH.

4 Section 301(a) (16 U.S.C. 1851(a)) is amended by

5 adding at the end the following:

6 ‘‘(8) Conservation and management measures

7 shall, to the extent practicable, minimize bycatch.’’.

8 SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.

9 (a) CONFORMING AMENDMENT.—Section

10 302(k)(1)(A) (16 U.S.C. 1852(k)(1)(A)) is amended to

11 read as follows:

12 ‘‘(A) is nominated by the Governor of a State

13 for appointment as a voting member of a Council in

14 accordance with subsection (b)(2) or is designated

15 by the Governor of a State under subsection

16 (b)(1)(A) and is not an employee of the State;’’.

17 (b) VOTING MEMBERS, GENERALLY.—Section

18 302(b) (16 U.S.C. 1852(b)) is amended by adding at the

19 end the following:

20 ‘‘(6) The Secretary shall remove any member of a

21 Council required to be appointed by the Secretary in ac22 cordance with subsection (b)(2) if the member violates sec23 tion 307(1)(O).’’.

24 (c) COMPENSATION.—

25 (1) AMENDMENT.—Section 302(d) (16 U.S.C.

26 1852(d)) is amended in the first sentence—
12

•HR 39 IH

1 (A) by striking ‘‘each Council,’’ and insert2 ing ‘‘each Council who are required to be ap3 pointed by the Secretary and’’; and

4 (B) by striking ‘‘shall, until January 1,

5 1992,’’ and all that follows through ‘‘GS–16’’

6 and inserting the following: ‘‘shall receive com7 pensation at a daily rate equivalent to the low8 est rate of pay payable for GS–15,’’.

9 (2) EFFECTIVE DATE.—The amendment made

10 by paragraph (1)(B) shall take effect on January 1,

11 1996.

12 (d) TRANSACTION OF BUSINESS.—Section 302(e)

13 (16 U.S.C. 1852(e)) is amended by adding at the end the

14 following:

15 ‘‘(5) At the request of any voting member of a

16 Council, the Council shall hold a roll call vote on any

17 matter before the Council. The official minutes and

18 other appropriate records of any Council meeting

19 shall identify all roll call votes held, the name of

20 each voting member present during each roll call

21 vote, and how each member voted on each roll call

22 vote.’’.

23 (e) COMMUNICATIONS WITH FEDERAL AGENCIES

24 REGARDING ESSENTIAL AND OTHER FISHERY HABI25 TAT.—Section 302(i) (16 U.S.C. 1852(i)) is amended—
13

•HR 39 IH

1 (1) in paragraph (1), by striking ‘‘and’’ after

2 the semicolon at the end of subparagraph (A) and

3 striking the period at the end of subparagraph (B)

4 and inserting ‘‘; and’’;

5 (2) by adding at the end of paragraph (1) the

6 following:

7 ‘‘(C) shall notify the Secretary regarding, and

8 may comment on and make recommendations to any

9 State or Federal agency concerning, any activity un10 dertaken, or proposed to be undertaken, by any

11 State or Federal agency that, in the view of the

12 Council, may have a detrimental effect on the essen13 tial fishery habitat of a fishery under its jurisdic14 tion.’’; and

15 (3) by amending paragraph (2) to read as

16 follows:

17 ‘‘(2) Within 15 days after receiving a comment or

18 recommendation under paragraph (1) from a Council re19 garding the effects of an activity on essential fishery habi20 tat, a Federal agency shall provide to the Council a de21 tailed response in writing. The response shall include a

22 description of measures being considered by the agency

23 for avoiding, mitigating, or offsetting the impact of the

24 activity on such habitat. In the case of a response that

25 is inconsistent with the recommendations of the Council,
14

•HR 39 IH

1 the Federal agency shall explain its reasons for not follow2 ing the recommendations.’’.

3 (h) PROCEDURAL MATTERS.—Section 302(j)(2) (16

4 U.S.C. 1852(j)(2)) is amended—

5 (1) by striking ‘‘guidelines’’ and inserting

6 ‘‘shall’’;

7 (2) in subparagraph (C), by inserting after

8 ‘‘fishery)’’ the following: ‘‘sufficiently in advance of

9 the meeting to allow meaningful public participation

10 in the meeting,’’;

11 (3) by adding at the end of subparagraph (D)

12 the following: ‘‘The written statement or oral testi13 mony shall include a brief description of the quali14 fications and interests of the person in the subject

15 of the written statement or oral testimony.’’;

16 (4) by amending subparagraph (E) to read as

17 follows:

18 ‘‘(E) Detailed minutes of each meeting of the

19 Council shall be kept and shall contain a record of

20 the persons present, a complete and accurate de21 scription of matters discussed and conclusions

22 reached, and copies of all reports received, issued, or

23 approved by the Council. The Chairman shall certify

24 the accuracy of the minutes of each meeting and

25 submit a copy thereof to the Secretary. The minutes
15

•HR 39 IH

1 shall be made available to any court of competent

2 jurisdiction.’’; and

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

4 ‘‘(G) A Council member may add an item to the

5 agenda of a meeting of a Council or of a committee

6 or advisory panel of a Council by presenting to the

7 Chairman of the Council, committee, or panel, at

8 least 21 days before the date of the meeting, a writ9 ten description of the item signed by 2 or more vot10 ing members of the Council.’’.

11 (i) DISCLOSURE OF FINANCIAL INTEREST AND

12 RECUSAL.—Section 302(k) (16 U.S.C. 1852(k)) is

13 amended—

14 (1) in the heading by inserting ‘‘AND RECUSAL’’

15 before the period;

16 (2) in paragraph (1)—

17 (A) in subparagraph (A) by inserting ‘‘or’’

18 after the semicolon at the end;

19 (B) in subparagraph (B) by striking ‘‘; or’’

20 at the end and inserting a period; and

21 (C) by striking subparagraph (C);

22 (3) in paragraph (3)(B) by striking ‘‘or (C)’’;

23 (4) in paragraph (5)—

24 (A) in subparagraph (A) by striking ‘‘and’’

25 at the end;
16

•HR 39 IH

1 (B) in subparagraph (B) by striking the

2 period at the end and inserting ‘‘; and’’; and

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

4 ‘‘(C) be kept on file by the Secretary for

5 use in reviewing Council actions and made

6 available by the Secretary for public inspection

7 at reasonable hours.’’;

8 (5) in paragraph (6) by striking ‘‘or (c)’’;

9 (6) in paragraph (7) by striking ‘‘or (C)’’; and

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

11 ‘‘(8) The Secretary, in consultation with the Councils,

12 and not later than January 1, 1996, shall establish rules

13 which prohibit an affected individual from voting on a

14 matter in which the individual or any other person de15 scribed in paragraph (2) with respect to the individual has

16 an interest that would be significantly affected. The rules

17 may include provisions which take into account the dif18 ferences in fisheries.

19 ‘‘(9) A voting member of a Council shall recuse him20 self or herself from voting if—

21 ‘‘(A) voting by the member would violate the

22 rules established under paragraph (8); or

23 ‘‘(B) the General Counsel of the National Oce24 anic and Atmospheric Administration (or a designee

25 of the General Counsel under paragraph (10)(C)(ii))
17

•HR 39 IH

1 determines under paragraph (10) that voting by the

2 member would violate the rules established under

3 paragraph (8).

4 ‘‘(10)(A) Before any vote held by a Council on any

5 matter, a voting member of the Council may, at a meeting

6 of the Council, request the General Counsel of the Na7 tional Oceanic and Atmospheric Administration (or a des8 ignee of the General Counsel under subparagraph (C)(ii))

9 to determine whether voting on the matter by the member,

10 or by any other member of the Council, would violate the

11 rules established under paragraph (8).

12 ‘‘(B) Upon a request under subparagraph (A) regard13 ing voting on a matter by a member—

14 ‘‘(i) the General Counsel of the National Oce15 anic and Atmospheric Administration (or a designee

16 of the General Counsel under subparagraph (C)(ii))

17 shall determine and state whether the voting would

18 violate the rules established under paragraph (8), at

19 the meeting at which the request is made; and

20 ‘‘(ii) no vote on the matter may be held by the

21 Council before the determination and statement are

22 made.

23 ‘‘(C) The General Counsel of the National Oceanic

24 and Atmospheric Administration shall—

25 ‘‘(i) attend each meeting of a Council; or
18

•HR 39 IH

1 ‘‘(ii) designate an individual to attend each

2 meeting of a Council for purposes of this paragraph.

3 ‘‘(11) For the purposes of this subsection, the term

4 ‘an interest that would be significantly affected’ means a

5 personal financial interest which would be augmented by

6 voting on the matter and which would only be shared by

7 a minority of other persons within the same industry sec8 tor or gear group whose activity would be directly affected

9 by a Council’s action.’’.

10 SEC. 9. CONTENTS OF FISHERY MANAGEMENT PLANS.

11 (a) REQUIRED PROVISIONS.—

12 (1) NEW REQUIREMENTS.—Section 303(a) (16

13 U.S.C. 1853(a)) is amended—

14 (A) in paragraph (5) by striking ‘‘and the

15 estimated processing capacity of, and the actual

16 processing capacity utilized by, United States

17 fish processors,’’ and inserting the following:

18 ‘‘the amount (in numbers or weight) and spe19 cies of bycatch taken on board a fishing vessel,

20 and the estimated processing capacity of, and

21 the actual processing capacity utilized by, Unit22 ed States fish processors;’’;

23 (B) by amending paragraph (7) to read as

24 follows:
19

•HR 39 IH

1 ‘‘(7) include a description of essential fishery

2 habitat for the fishery and conservation and man3 agement measures necessary to minimize adverse

4 impacts on that habitat caused by fishing;’’;

5 (C) in paragraph (8) by striking ‘‘and’’

6 after the semicolon at the end;

7 (D) in paragraph (9) by striking the period

8 at the end and inserting a semicolon; and

9 (E) by adding at the end the following:

10 ‘‘(10) include a measurable and objective deter11 mination of what constitutes overfishing in that fish12 ery, and a rebuilding program in the case of a plan

13 for any fishery which the Council or the Secretary

14 has determined is overfished;

15 ‘‘(11) include conservation and management

16 measures necessary to minimize bycatch to the ex17 tent practicable, including, as appropriate, incentives

18 and harvest preferences within a fishing gear group

19 to promote avoidance of bycatch;

20 ‘‘(12) to the extent practicable, minimize mor21 tality caused by economic and regulatory discards in

22 the fishery; and

23 ‘‘(13) take into account the safety of human life

24 at sea.’’.
20

•HR 39 IH

1 (2) AMENDMENT OF PLANS.—Not later than

2 one year after the date of enactment of this Act,

3 each Regional Fishing Management Council estab4 lished under the Magnuson Fishing Conservation

5 and Management Act shall submit to the Secretary

6 of Commerce an amendment to each fishery man7 agement plan in effect under that Act to comply

8 with the amendments made by paragraph (1).

9 (b) AMENDMENTS RELATING TO DISCRETIONARY

10 PROVISIONS, GENERALLY.—Section 303(b) (16 U.S.C.

11 1853(b)) is amended—

12 (1) in paragraph (8) in the matter preceding

13 the first semicolon, by striking ‘‘require that observ14 ers’’ and inserting ‘‘require that one or more observ15 ers’’;

16 (2) in paragraph (9) by striking ‘‘and’’ after

17 the semicolon;

18 (3) by redesignating paragraph (10) as para19 graph (11); and

20 (4) by inserting after paragraph (9) the follow21 ing:

22 ‘‘(10) assess and specify the effect which con23 servation and management measures of the plan will

24 have on stocks of fish in the ecosystem of the fishery

25 which are not part of the fishery;
21

•HR 39 IH

1 ‘‘(11) contain conservation and management

2 measures reserving a portion of the total allowable

3 catch for the use of fishery dependent communities;

4 and’’.

5 SEC. 10. AMENDMENTS RELATING TO MISCELLANEOUS DU6 TIES OF SECRETARY.

7 (a) SAFETY AT SEA.—Section 304(a)(2)(C) (16

8 U.S.C. 1854(a)(2)(C)) is amended by striking ‘‘to fishery

9 access’’ and all that follows through the period and insert10 ing ‘‘with respect to the provisions of sections 303(a)(6)

11 and (13).’’.

12 (b) HIGHLY MIGRATORY SPECIES.—Section 304(f)

13 (16 U.S.C. 1854(f)) is amended—

14 (1) by striking the subsection heading and in15 serting the following: ‘‘FISHERIES UNDER AUTHOR16 ITY OF MORE THAN ONE COUNCIL.—’’;

17 (2) in paragraph (3)(C)(ii) by inserting before

18 the semicolon the following: ‘‘and the plan develop19 ment team established under paragraph (4)’’;

20 (3) in paragraph (3)(E), strike ‘‘allocation or

21 quota’’ each place it appears and insert ‘‘allocation,

22 quota, or fishing mortality level’’;

23 (4) in paragraph (3)(F)(ii) by inserting ‘‘and

24 the plan development team established under para25 graph (4)’’ before the semicolon; and
22

•HR 39 IH

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

2 ‘‘(4)(A) The Secretary shall establish a plan de3 velopment team for each highly migratory species

4 fishery to advise the Secretary on and participate in

5 the development of each fishery management plan or

6 amendment to a plan for the fishery under this sub7 section.

8 ‘‘(B) The plan development team shall—

9 ‘‘(i) consist of not less than 7 individuals

10 who are members of an advisory committee or

11 a species working group established under sec12 tion 4 or 4A, respectively, of the Atlantic Tunas

13 Convention Act of 1975 and who are knowl14 edgeable about the fishery for which the plan is

15 being developed; and

16 ‘‘(ii) participate in all aspects of the devel17 opment of the plan or amendment developed by

18 the Secretary under this subsection.

19 ‘‘(C) The Federal Advisory Committee Act (5

20 U.S.C. App.) shall not apply to any plan develop21 ment team established under this paragraph.’’.

22 (c) INCIDENTAL HARVEST RESEARCH.—Section

23 304(g)(1) (16 U.S.C. 1854(g)(1)) is amended by striking

24 ‘‘3-year’’.
23

•HR 39 IH

1 (d) ESSENTIAL FISHERY HABITAT; OVERFISHING.—

2 Section 304 (16 U.S.C. 1854) is further amended by add3 ing at the end the following:

4 ‘‘(h) ACTIONS OF THE SECRETARY ON ESSENTIAL

5 FISHERY HABITAT.—(1) The Secretary, in cooperation

6 with the Secretary of the Interior, shall identify the essen7 tial fishery habitat for each fishery for which a fishery

8 management plan is in effect. The identification shall be

9 based on the description of essential fishery habitat con10 tained in the plan. The identification shall be provided to

11 the appropriate Council and made available to the public.

12 ‘‘(2) If the Secretary receives information from a

13 Council or determines from other sources that an action

14 authorized, funded, carried out, or proposed to be carried

15 out by any Federal agency may result in the destruction

16 or adverse modification of any essential fishery habitat

17 identified under paragraph (1), the Secretary shall com18 ment on and make recommendations to the Federal agen19 cy concerning that action.

20 ‘‘(3) Within 15 days after receiving a comment or

21 recommendation from the Secretary under paragraph (2),

22 the Federal agency shall provide a detailed response, in

23 writing, to the Secretary which includes a description of

24 measures being considered by the agency for avoiding,

25 mitigating, or offsetting the adverse impact of the activity
24

•HR 39 IH

1 of the agency on essential fishery habitat. In the case of

2 a response that is inconsistent with a recommendation

3 from the Secretary, the Federal agency shall explain the

4 reasons for not following the recommendations.

5 ‘‘(4) Nothing in this subsection shall have the effect

6 of amending or repealing any other law or regulation or

7 modifying any other responsibility of a Federal agency

8 with respect to fisheries habitat.

9 ‘‘(i) ACTION BY THE SECRETARY ON

10 OVERFISHING.—(1) In addition to the authority granted

11 to the Secretary under subsection (c), if the Secretary

12 finds at any time that overfishing is occurring or has oc13 curred in any fishery, the Secretary shall immediately no14 tify the appropriate Council and request that action be

15 taken to halt overfishing in the fishery and to establish

16 a program to rebuild the fishery within a reasonable time.

17 The Secretary shall publish each notification under this

18 paragraph in the Federal Register.

19 ‘‘(2) If the Council does not submit to the Secretary

20 a fishery management plan, or an amendment to the ap21 propriate existing fishery management plan, which is in22 tended to address overfishing in the fishery and to estab23 lish any necessary rebuilding program before the end of

24 the 1-year period beginning on the date of notification

25 under paragraph (1), then the Secretary shall prepare
25

•HR 39 IH

1 under subsection (c) a fishery management plan, or an

2 amendment to an existing management plan, to halt

3 overfishing in the fishery and to establish any necessary

4 rebuilding program.

5 ‘‘(3) If the Secretary finds that overfishing is occur6 ring in any fishery for which a fishery management plan

7 prepared by the Secretary is in effect, the Secretary shall

8 act under subsection (c) to amend the plan to halt

9 overfishing in the fishery and to establish any necessary

10 rebuilding program.

11 ‘‘(4) If the Secretary finds that the action of any Fed12 eral agency has caused or contributed to the decline of

13 a stock of fish below maximum sustainable yield, the Sec14 retary shall notify the agency of the Secretary’s finding

15 and recommend steps that can be taken by the agency to

16 reverse that decline.

17 ‘‘(j) ACTION ON COVERED IMPLEMENTING REGULA18 TIONS PROPOSED BY A COUNCIL.—(1) After the receipt

19 date of a covered implementing regulation submitted by

20 a Council, the Secretary shall—

21 ‘‘(A) immediately commence a review of the

22 covered implementing regulation to determine wheth23 er it is consistent with the fishery management plan

24 it would implement, the national standards, the
26

•HR 39 IH

1 other provisions of this Act, and any other applicable

2 law; and

3 ‘‘(B) immediately publish the covered imple4 menting regulation in the Federal Register and pro5 vide a 30-day period for the submission of comments

6 by the public.

7 ‘‘(2) Not later than 60 days after the receipt date

8 of a covered implementing regulation submitted by a

9 Council, the Secretary shall—

10 ‘‘(A) publish a final regulation on the subject

11 matter of the covered implementing regulation; or

12 ‘‘(B) decline to publish a final regulation.

13 ‘‘The Secretary shall provide to the Council in writing an

14 explanation of the reasons for the Secretary’s action.

15 ‘‘(3) For the purposes of this subsection, the term—

16 ‘‘(A) ‘receipt date’ means the 5th day after the

17 day on which a Council submits to the Secretary a

18 covered implementing regulation that the Council

19 characterizes as a final covered implementing regula20 tion; and

21 ‘‘(B) ‘covered implementing regulation’—

22 ‘‘(i) means a proposed amendment to exist23 ing regulations implementing a fishery manage24 ment plan in effect under this Act, which does

25 not have the effect of amending the plan; and
27

•HR 39 IH

1 ‘‘(ii) does not include any proposed regula2 tion submitted with a plan or amendment to a

3 plan under section 303(c).’’.

4 SEC. 11. EMERGENCY ACTIONS.

5 Section 305(c) (16 U.S.C. 1855(c)) is amended—

6 (1) by amending paragraph (3)(B) to read as

7 follows:

8 ‘‘(B) shall remain in effect for not more than

9 180 days after the date of such publication, except

10 that any such regulation may, by agreement of the

11 Secretary and the Council and after notice and an

12 opportunity for submission of comments by the pub13 lic, be effective for 1 additional period of not more

14 than 180 days; and’’; and

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

16 ‘‘(4) The Secretary may promulgate emergency regu17 lations under this subsection to protect the public health.

18 Notwithstanding paragraph (3), regulations promulgated

19 under this paragraph shall remain in effect until with20 drawn by the Secretary. The Secretary shall promptly

21 withdraw regulations under this paragraph when the cir22 cumstances requiring the regulations no longer exist. The

23 Secretary shall provide an opportunity for submission of

24 comments by the public after regulations are promulgated

25 under this paragraph.’’.
28

•HR 39 IH

1 SEC. 12. STATE JURISDICTION.

2 Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amend3 ed—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (A);

6 (2) by striking the period at the end of sub7 paragraph (B) and inserting ‘‘; and’’; and

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

9 ‘‘(C) the owner or operator of the vessel

10 submits to the appropriate Council, in a man11 ner prescribed by the Secretary, periodic re12 ports on the tonnage of fish received from ves13 sels of the United States and the locations from

14 which such fish were harvested.’’.

15 SEC. 13. PROHIBITED ACTS.

16 (a) FAILURE TO DISCLOSE FINANCIAL INFORMA17 TION.—Section 307(1) (16 U.S.C. 1857(1)) is amended—

18 (1) by striking ‘‘or’’ at the end of subparagraph

19 (M);

20 (2) by striking the period at the end of sub21 paragraph (N) and inserting ‘‘; or’’; and

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

23 ‘‘(O) to knowingly and willfully fail to dis24 close or falsely disclose any financial interest as

25 required under section 302(k) or to knowingly
29

•HR 39 IH

1 violate any rule established under section

2 302(k)(8).’’.

3 (b) PROHIBITED FISHING.—

4 (1) IN GENERAL.—Section 307(2)(B) (16

5 U.S.C. 1857(2)(B)) is amended to read as follows:

6 ‘‘(B) in fishing, except recreational fishing

7 permitted under section 201(j), within the ex8 clusive economic zone or within the special

9 areas, or for any anadromous species or Con10 tinental Shelf fishery resources beyond such

11 zone or areas, or in fishing consisting of trans12 porting fish products from a point within the

13 boundaries of any State or the exclusive eco14 nomic zone or the special areas, unless such

15 fishing is authorized under, and conducted in

16 accordance with, a valid and applicable permit

17 issued under section 204, except that this sub18 paragraph shall not apply to fishing within the

19 special areas (as that term is defined in the

20 amendment set forth in section 301(b)(2) of the

21 Act entitled ‘‘An Act to provide for the designa22 tion of the Flower Garden Banks National Ma23 rine Sanctuary’’, approved March 9, 1992

24 (Public Law 102–251; 106 Stat. 62)) before

25 the date on which the Agreement between the
30

•HR 39 IH

1 United States and the Union of Soviet Socialist

2 Republics on the Maritime Boundary, signed

3 June 1, 1990, enters into force for the United

4 States; or’’.

5 (2) CONFORMING AMENDMENT.—Section

6 301(h)(2)(A) of the Act entitled ‘‘An Act to provide

7 for the designation of the Flower Garden Banks Na8 tional Marine Sanctuary’’, approved March 9, 1992

9 (Public Law 102–251; 106 Stat. 64), is repealed.

10 SEC. 14. NORTH PACIFIC FISHERIES CONSERVATION.

11 Section 313(16 U.S.C. 1862) is amended—

12 (1) by striking ‘‘RESEARCH PLAN’’ in the

13 section heading and inserting ‘‘CONSERVA14 TION’’; and

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

16 ‘‘(f) REDUCTION OF WASTE.—

17 ‘‘(1) No later than July 1, 1996, the North Pa18 cific Fishery Management Council shall recommend

19 for each fishery management plan under its jurisdic20 tion conservation and management measures, includ21 ing incentives, to reduce bycatch in each fishery.

22 Any such system of incentives shall be fair and equi23 table to all fishermen and United States fish proc24 essors, and shall not have economic allocation as its

25 sole purpose.
31

•HR 39 IH

1 ‘‘(2) Not later than July 1, 1997, the North

2 Pacific Fishery Management Council shall rec3 ommend conservation and management measures to

4 ensure total catch measurement in each fishery

5 under the Council’s jurisdiction. Such conservation

6 and management measures shall ensure the accurate

7 enumeration of target species, economic discards,

8 and regulatory discards.

9 ‘‘(3) The conservation and management meas10 ures recommended by the Council under paragraph

11 (1) may include a harvest preference to fishing and

12 processing practices within each gear group that re13 sult in the lowest levels of economic discards, proc14 essing waste, regulatory discards, and other bycatch.

15 In determining which practices shall be given prior16 ity, the reduction of economic discards shall be given

17 the greatest weight, followed by processing waste

18 (where applicable), regulatory discards and other

19 bycatch, in that order.

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

21 catch, economic discard, regulatory discards, other

22 bycatch, and processing waste, the Council and Sec23 retary shall base such determinations on observer

24 data or the best available information.
32

•HR 39 IH

1 ‘‘(g) DEFINITION.—For the purposes of this section

2 the term ‘processing waste’ means that portion of a fish

3 which is processed and which could be used for human

4 consumption or other commercial sue, but which is not

5 so used.’’.

6 SEC. 15. OBSERVERS.

7 Title III of the Magnuson Fishery Conservation and

8 Management Act (16 U.S.C. 1801 et seq.) is amended by

9 adding at the end the following:

10 ‘‘SEC. 315. RIGHTS OF OBSERVERS.

11 ‘‘(a) CIVIL ACTION.—An observer on a vessel (or the

12 observer’s personal representative) under the requirements

13 of this Act or the Marine Mammal Protection Act of 1972

14 (16 U.S.C. 1361 et seq.) that is ill, disabled, injured, or

15 killed from service as an observer on that vessel may not

16 bring a civil action under any law of the United States

17 for that illness, disability for that illness, disability, injury,

18 or death against the vessel or vessel owner, except that

19 a civil action may be brought against the vessel owner for

20 the owner’s willful misconduct.

21 ‘’(b) EXCEPTION.—Subsection (a) does not apply if

22 the observer is engaged by the owner, master, or individual

23 in charge of a vessel to perform any duties in service to

24 the vessel.’’.
33

•HR 39 IH

1 SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—Title IV of the Magnuson Fishery

3 Conservation and Management Act (90 Stat. 359–361) is

4 amended to read as follows:

5 ‘‘TITLE IV—MISCELLANEOUS

6 PROVISIONS

7 ‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to the Sec9 retary, for carrying out this Act, the following:

10 ‘‘(1) $106,000,000 for fiscal year 1994.

11 ‘‘(2) $110,000,000 for fiscal year 1995.

12 ‘‘(3) $114,000,000 for fiscal year 1996.

13 ‘‘(4) $118,000,000 for fiscal year 1997.

14 ‘‘(5) $122,000,000 for fiscal year 1998.

15 ‘‘(6) $126,000,000 for fiscal year 1999.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents

17 in the first section of the Magnuson Fishery Conservation

18 and Management Act is amended by striking the items

19 relating to title IV and the sections in that title and insert20 ing the following:

‘‘TITLE IV—MISCELLANEOUS PROVISIONS

‘‘Sec. 401. Authorization of appropriations.’’.

21 SEC. 17. TECHNICAL CORRECTION.

22 (a) CORRECTION.—Section 304 of the Act entitled

23 ‘‘An Act to provide for the designation of the Flower Gar-
34

•HR 39 IH

1 den Banks National Marine Sanctuary’’, approved March

2 9, 1992 (Public Law 102–251; 106 Stat. 65), is repealed.

3 (b) CONFORMING AMENDMENT.—Section 3(15) of

4 the Marine Mammal Protection Act of 1972 (16 U.S.C.

5 1362(15)) is amended to read as follows:

6 ‘‘(15) The term ‘waters under the jurisdiction of the

7 United States means—

8 ‘‘(A) the territorial sea of the United States;

9 ‘‘(B) the waters included within a zone, contig10 uous to the territorial sea of the United States, of

11 which the inner boundary is a line coterminous with

12 the seaward boundary of each coastal State, and the

13 outer boundary is a line drawn in such a manner

14 that each point on it is 200 nautical miles from the

15 baseline from which the territorial sea is measured;

16 and

17 ‘‘(C) the areas referred to as eastern special

18 areas in Article 3(1) of the Agreement between the

19 United States of America and the Union of Soviet

20 Socialist Republics on the Maritime Boundary,

21 signed June 1, 1990; in particular, those areas east

22 of the maritime boundary, as defined in that Agree23 ment, that lie within 200 nautical miles of the base24 lines from which the breadth of the territorial sea of

25 Russia is measured but beyond 200 nautical miles of
35

•HR 39 IH

1 the baselines from which the breadth of the terri2 torial sea of the United States is measured, except

3 that this subparagraph shall not apply before the

4 date on which the Agreement between the United

5 States and the Union of Soviet Socialist Republics

6 on the Maritime Boundary, signed June 1, 1990, en7 ters into force for the United States.’’.

Æ

HR 39 IH——2

HR 39 IH——3

HR 39 IH——4