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(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 there-
fore. The owner, after taking into consideration
the reasons for disapproval, may submit a re-
vised 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 applica-
tion 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 ap-
plication under paragraph (1)(B) notifies the
Secretary of acceptance of the conditions and
restrictions established by the Secretary under
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paragraph (7), and upon payment of the appli-
cable fees established pursuant to paragraph
(10) and confirmation of any bonds or financial
assurances that may be required for such fish-
ing, the Secretary shall thereupon issue a per-
mit 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 redesignat-
ing 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 fish-
ery.’’.
(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 inciden-
tal catch of non-target living marine resources that
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results in the unnecessary waste of those re-
sources.’’.
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 ap-
pointed by the Secretary in accordance with
subsections (b) (2) and (5)’’;
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(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 Pa-
cific Fishery Management Council one representa-
tive, 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 represent-
ative 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 expira-
tion 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
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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 ‘‘sub-
sections (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 man-
agement plan, from occurring whenever such
stock or stock complex, as identified under sec-
tion 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.
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A Council shall submit a plan amendment or pro-
posed 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 pe-
riod and replacing it with ‘‘; and’’;
(3) by adding a new subparagraph (1)(C) to
read:
‘‘(C) shall be responsible for identifying es-
sential 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 habi-
tats 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:
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‘‘(8)(A) An affected individual who has a finan-
cial interest that would be significantly affected by
a Council decision may not participate in the Coun-
cil’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 direc-
tor, 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 sig-
nificantly 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 out-
weighs the potential for a conflict of interest.
‘‘(C) Any Council member may submit a writ-
ten request to the Assistant Administrator for Fish-
eries, National Oceanic and Atmospheric Adminis-
tration, to review any determination by the regional
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director under subparagraph (B). Such review shall
be completed within 90 days of receipt of the re-
quest.
‘‘(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 deci-
sion.
‘‘(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 under-
taking management of any fishery, the Council or the Sec-
retary shall prepare a fishery management plan, which
shall—
‘‘(1) contain a description of the fishery, includ-
ing, but not limited to, the number of vessels in-
volved, 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
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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 ap-
proaches to resolving the problems and achieving the
objectives;
‘‘(4) specify an objective and measurable defini-
tion of overfishing for each stock or stock complex
in the fishery;
‘‘(5) assess and specify the present and prob-
able future condition of, and the maximum sustain-
able 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 an-
nual basis, will harvest the optimum yield,
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‘‘(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 manage-
ment of the fishery; and
‘‘(8) contain a description, based on guidelines
developed by the Secretary, of all essential fish habi-
tats including—
‘‘(A) the characteristics that make the
habitats essential to the conservation and man-
agement of the particular fishery for which the
plan was prepared;
‘‘(B) the threats facing the continued via-
bility of each essential fish habitat for the long-
term maintenance of the specific fishery;
‘‘(C) the adequacy of the existing regu-
latory regime in providing long-term protection
for these habitats; and
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‘‘(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 pre-
pare 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 pur-
poses 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 manage-
ment 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 stand-
ards, the other provisions of this Act, regula-
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tions implementing recommendations by inter-
national 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 re-
garding the type and quantity of fishing gear used,
catch by species in numbers of fish or weight there-
of, areas in which fishing was engaged in, time of
fishing, number of hauls, and the estimated process-
ing 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—
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‘‘(A) any fishing vessel of the United
States fishing, or wishing to fish, in the exclu-
sive 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 regula-
tions;
‘‘(5) may designate zones where, and periods
when, fishing shall be limited, or shall not be per-
mitted, or shall be permitted only by specified types
of fishing vessels or with specified types and quan-
tities 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;