the Federal agency shall explain its reasons for not follow-
ing the recommendations.’’.
(h) PROCEDURAL MATTERS.—Section 302(j)(2) (16
U.S.C. 1852(j)(2)) is amended—
(1) by striking ‘‘guidelines’’ and inserting
‘‘shall’’;
(2) in subparagraph (C), by inserting after
‘‘fishery)’’ the following: ‘‘sufficiently in advance of
the meeting to allow meaningful public participation
in the meeting,’’;
(3) by adding at the end of subparagraph (D)
the following: ‘‘The written statement or oral testi-
mony shall include a brief description of the quali-
fications and interests of the person in the subject
of the written statement or oral testimony.’’;
(4) by amending subparagraph (E) to read as
follows:
‘‘(E) Detailed minutes of each meeting of the
Council shall be kept and shall contain a record of
the persons present, a complete and accurate de-
scription of matters discussed and conclusions
reached, and copies of all reports received, issued, or
approved by the Council. The Chairman shall certify
the accuracy of the minutes of each meeting and
submit a copy thereof to the Secretary. The minutes
shall be made available to any court of competent
jurisdiction.’’; and
(5) by adding at the end the following:
‘‘(G) A Council member may add an item to the
agenda of a meeting of a Council or of a committee
or advisory panel of a Council by presenting to the
Chairman of the Council, committee, or panel, at
least 21 days before the date of the meeting, a writ-
ten description of the item signed by 2 or more vot-
ing members of the Council.’’.
(i) DISCLOSURE
OF
FINANCIAL
INTEREST
AND
RECUSAL.—Section 302(k) (16 U.S.C. 1852(k)) is
amended—
(1) in the heading by inserting ‘‘AND RECUSAL’’
before the period;
(2) in paragraph (1)—
(A) in subparagraph (A) by inserting ‘‘or’’
after the semicolon at the end;
(B) in subparagraph (B) by striking ‘‘; or’’
at the end and inserting a period; and
(C) by striking subparagraph (C);
(3) in paragraph (3)(B) by striking ‘‘or (C)’’;
(4) in paragraph (5)—
(A) in subparagraph (A) by striking ‘‘and’’
at the end;
(B) in subparagraph (B) by striking the
period at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) be kept on file by the Secretary for
use in reviewing Council actions and made
available by the Secretary for public inspection
at reasonable hours.’’;
(5) in paragraph (6) by striking ‘‘or (c)’’;
(6) in paragraph (7) by striking ‘‘or (C)’’; and
(7) by adding at the end the following:
‘‘(8) The Secretary, in consultation with the Councils,
and not later than January 1, 1996, shall establish rules
which prohibit an affected individual from voting on a
matter in which the individual or any other person de-
scribed in paragraph (2) with respect to the individual has
an interest that would be significantly affected. The rules
may include provisions which take into account the dif-
ferences in fisheries.
‘‘(9) A voting member of a Council shall recuse him-
self or herself from voting if—
‘‘(A) voting by the member would violate the
rules established under paragraph (8); or
‘‘(B) the General Counsel of the National Oce-
anic and Atmospheric Administration (or a designee
of the General Counsel under paragraph (10)(C)(ii))
determines under paragraph (10) that voting by the
member would violate the rules established under
paragraph (8).
‘‘(10)(A) Before any vote held by a Council on any
matter, a voting member of the Council may, at a meeting
of the Council, request the General Counsel of the Na-
tional Oceanic and Atmospheric Administration (or a des-
ignee of the General Counsel under subparagraph (C)(ii))
to determine whether voting on the matter by the member,
or by any other member of the Council, would violate the
rules established under paragraph (8).
‘‘(B) Upon a request under subparagraph (A) regard-
ing voting on a matter by a member—
‘‘(i) the General Counsel of the National Oce-
anic and Atmospheric Administration (or a designee
of the General Counsel under subparagraph (C)(ii))
shall determine and state whether the voting would
violate the rules established under paragraph (8), at
the meeting at which the request is made; and
‘‘(ii) no vote on the matter may be held by the
Council before the determination and statement are
made.
‘‘(C) The General Counsel of the National Oceanic
and Atmospheric Administration shall—
‘‘(i) attend each meeting of a Council; or
‘‘(ii) designate an individual to attend each
meeting of a Council for purposes of this paragraph.
‘‘(11) For the purposes of this subsection, the term
‘an interest that would be significantly affected’ means a
personal financial interest which would be augmented by
voting on the matter and which would only be shared by
a minority of other persons within the same industry sec-
tor or gear group whose activity would be directly affected
by a Council’s action.’’.
SEC. 9. CONTENTS OF FISHERY MANAGEMENT PLANS.
(a) REQUIRED PROVISIONS.—
(1) NEW REQUIREMENTS.—Section 303(a) (16
U.S.C. 1853(a)) is amended—
(A) in paragraph (5) by striking ‘‘and the
estimated processing capacity of, and the actual
processing capacity utilized by, United States
fish processors,’’ and inserting the following:
‘‘the amount (in numbers or weight) and spe-
cies of bycatch taken on board a fishing vessel,
and the estimated processing capacity of, and
the actual processing capacity utilized by, Unit-
ed States fish processors;’’;
(B) by amending paragraph (7) to read as
follows: