IIA
104TH CONGRESS
1ST SESSION
H. R. 39
IN THE SENATE OF THE UNITED STATES
OCTOBER 19 (legislative day, OCTOBER 18), 1995
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To amend the Magnuson Fishery Conservation and
Management Act to improve fisheries management.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—REAUTHORIZATION OF
AND AMENDMENTS TO THE
MAGNUSON 
FISHERY 
CON-
SERVATION 
AND 
MANAGE-
MENT ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fishery Conservation
and Management Amendments of 1995’’.
SEC. 2. AMENDMENT OF THE MAGNUSON FISHERY CON-
SERVATION AND MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. FINDINGS, PURPOSES, AND POLICY.
(a) FINDINGS.—Section 2(a) (16 U.S.C. 1801(a)) is
amended—
(1) in paragraph (2)—
(A) by striking ‘‘and (B)’’ and inserting
‘‘(B)’’; and
(B) by inserting before the period at the
end the following: ‘‘, and (C) losses of essential
fishery habitat can diminish the ability of
stocks of fish to survive’’;
(2) in paragraph (6) by inserting after ‘‘to in-
sure conservation,’’ the following: ‘‘to provide long-
term conservation of essential fishery habitat,’’; and
(3) by adding at the end the following:
‘‘(9) Continuing loss of essential fishery habitat
poses a long-term threat to the viability of commer-
cial and recreational fisheries of the United States.
To conserve and manage the fishery resources of the
United States, increased attention must be given to
the protection of this habitat.’’.
(b) PURPOSES.—Section 2(b) (16 U.S.C. 1801(b)) is
amended—
(1) by striking ‘‘and’’ after the semicolon at the
end of paragraph (5);
(2) by striking the period at the end of para-
graph (6) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(7) to promote the conservation of essential
fishery habitat in the review of projects that affect
essential fishery habitat; and
‘‘(8) to ensure that conservation and manage-
ment decisions with respect to the Nation’s fishery
resources are made in a fair and equitable manner.’’.
(c) POLICY.—Section 2(c)(3) (16 U.S.C. 1801(c)(3))
is amended by inserting after ‘‘practical measures that’’
the following: ‘‘minimize bycatch and’’.
SEC. 4. DEFINITIONS.
(a) EXECUTION OF PRIOR AMENDMENTS TO DEFINI-
TIONS.—Notwithstanding section 308 of the Act entitled
‘‘An Act to provide for the designation of the Flower Gar-
den Banks National Marine Sanctuary’’, approved March
9, 1992 (Public Law 102–251; 106 Stat. 66), section
301(b) of that Act (adding a definition of the term ‘‘spe-
cial areas’’) shall take effect on the date of the enactment
of this Act.
(b) NEW AMENDMENTS.—Section 3 (16 U.S.C.
1802) is amended—
(1) in paragraph (4)—
(A) by striking ‘‘COLENTERATA’’ from the
heading of the list of corals and inserting
‘‘CNIDARIA’’; and
(B) in the list appearing under the heading
‘‘CRUSTACEA’’, by striking ‘‘Deep-sea Red
Crab—Geryon 
quinquedens’’ 
and 
inserting
‘‘Deep-sea Red Crab—Chaceon quinquedens’’;
(2) in paragraph (16) by striking ‘‘of one and
one-half miles’’ and inserting ‘‘of two and one-half
kilometers’’;
(3) in paragraph (17) by striking ‘‘Pacific Ma-
rine Fisheries Commission’’ and inserting ‘‘Pacific
States Marine Fisheries Commission’’;
(4) by amending paragraph (21) to read as fol-
lows:
‘‘(21) The term ‘optimum’, when used in ref-
erence to the yield from a fishery, means the amount
of fish which—
‘‘(A) will provide the greatest overall bene-
fit to the Nation, particularly with respect to
food production and recreational opportunities,
taking into account the protection of marine
ecosystems;
‘‘(B) is prescribed on the basis of the max-
imum sustainable yield from the fishery, as re-
duced by an relevant social, economic, or eco-
logical factor;
‘‘(C) in the case of an overfished fishery
resource, provides for rebuilding of the resource
to a level consistent with providing the maxi-
mum sustainable yield from the resource; and
‘‘(D) which provides employment opportu-
nities and economic benefits through the sus-
tained participation of local community-based
fleets and the coastal communities which those
fleets support.’’.
(5) in paragraph (31) (as redesignated by the
amendments made effective by subsection (a) of this
section) by striking ‘‘for which a fishery manage-
ment plan prepared under title III or a preliminary
fishery management plan prepared under section
201(h) has been implemented’’ and inserting ‘‘regu-
lated under this Act’’; and
(6) by adding at the end the following:
‘‘(34) The term ‘bycatch’ means fish which are
harvested by a fishing vessel, but which are not sold
or kept for personal use, including economic discards
and regulatory discards.
‘‘(35) The term ‘economic discards’ means fish
which are the target of a fishery, but which are not
retained by the fishing vessel which harvested them
because they are of an undesirable size, sex, or qual-
ity, or for other economic reasons.
‘‘(36) The term ‘regulatory discards’ means fish
caught in a fishery which fishermen are required by
regulation to discard whenever caught, or are re-
quired by regulation to retain but not sell.
munity-based fleets and the coastal commu-
nities which those fleets support.’’.
SEC. 5. FOREIGN FISHING.
(a) TRANSSHIPMENT PERMITS.—
(1) AUTHORITY
TO
OPERATE
UNDER
TRANS-
SHIPMENT PERMITS.—Section 201(a)(1) (16 U.S.C.
1821(a)(1)) is amended to read as follows:
‘‘(1) is authorized under subsection (b) or (c) or
under a permit issued under section 204(d);’’.
(2) AUTHORITY
TO
ISSUE
TRANSSHIPMENT
PERMITS.—Section 204 (16 U.S.C. 1824) is amend-
ed by adding at the end the following:
‘‘(d) TRANSSHIPMENT PERMITS.—
‘‘(1) AUTHORITY TO ISSUE PERMITS.—The Sec-
retary may issue a transshipment permit under this
subsection which authorizes a vessel other than a
vessel of the United States to engage in fishing con-
sisting solely of transporting fish products at sea
from a point within the boundaries of any State or
the exclusive economic zone to a point outside the
United States to any person who—
‘‘(A) submits an application which is ap-
proved by the Secretary under paragraph (3);
and
‘‘(B) pays a fee imposed under paragraph
(7).
‘‘(2) TRANSMITTAL.—Upon receipt of an appli-
cation for a permit under this subsection, the Sec-
retary shall promptly transmit copies of the applica-
tion to the Secretary of the department in which the
Coast Guard is operating, any appropriate Council,
and any interested State.
‘‘(3) APPROVAL
OF
APPLICATION.—The Sec-
retary may approve an application for a permit
under this section if the Secretary determines that—
‘‘(A) the transportation of fish products to
be conducted under the permit, as described in
the application, will be in the interest of the
United States and will meet the applicable re-
quirements of this Act;
‘‘(B) the applicant will comply with the re-
quirements described in section 201(c)(2) with
respect to activities authorized by any permit
issued pursuant to the application;
‘‘(C) the applicant has established any
bonds or financial assurances that may be re-
quired by the Secretary; and
‘‘(D) no owner or operator of a vessel of
the United States which has adequate capacity
to perform the transportation for which the ap-
plication is submitted has indicated to the Sec-
retary an interest in performing the transpor-
tation at fair and reasonable rates.
‘‘(4) WHOLE OR PARTIAL APPROVAL.—The Sec-
retary may approve all or any portion of an applica-
tion under paragraph (3).
‘‘(5) FAILURE TO APPROVE APPLICATION.—If
the Secretary does not approve any portion of an ap-
plication submitted under paragraph (1), the Sec-
retary shall promptly inform the applicant and speci-
fy the reasons therefor.
‘‘(6) CONDITIONS
AND
RESTRICTIONS.—The
Secretary shall establish and include in each permit
under this subsection conditions and restrictions
which shall be complied with by the owner and oper-
ator of the vessel for which the permit is issued. The
conditions and restrictions shall include the require-
ments, regulations, and restrictions set forth in sub-
section (b)(7).
‘‘(7) FEES.—The Secretary shall collect a fee
for each permit issued under this subsection, in an
amount adequate to recover the costs incurred by
the United States in issuing the permit.’’.
(b) FOREIGN FISHING FOR ATLANTIC MACKEREL
AND ATLANTIC HERRING.—
(1) RESTRICTION
ON
ALLOCATIONS.—Section
201(e)(1)(A) (16 U.S.C. 1821(e)(1)(A)) is amended
by adding at the end the following new sentence:
‘‘No allocation may be made for a fishery that is not
subject to a fishery management plan prepared
under section 303.’’.
(2) COUNCIL RECOMMENDATION REQUIRED TO
APPROVE
APPLICATION.—Section 
204(b)(6) 
(16
U.S.C. 1824(b)(6)) is amended—
(A) in subparagraph (A) by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs
(B) and (C)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(C)(i) The Secretary may not approve an ap-
plication which proposes harvest of Atlantic mack-
erel or Atlantic herring by one or more foreign fish-
ing vessels unless the appropriate Council has rec-
ommended that the Secretary approve the portion of
the application making that proposal and the Sec-
retary includes the appropriate conditions and re-
strictions recommended by the Council.
‘‘(ii) For purposes of this subparagraph, the
term ‘appropriate Council’ means the Mid-Atlantic
Fishery Management Council with respect to Atlan-
tic mackerel and the New England Fishery Manage-
ment Council with respect to Atlantic herring.’’.
(c) PERIOD FOR CONGRESSIONAL REVIEW OF GOV-
ERNING INTERNATIONAL FISHERY AGREEMENTS.—Sec-
tion 203 (16 U.S.C. 1823) is amended—
(1) in subsection (a) by striking ‘‘60 calendar
days of continuous session of the Congress’’ and in-
serting ‘‘120 calendar days (excluding any days in a
period for which the Congress is adjourned sine
die)’’;
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as sub-
section (c).
(d) TECHNICAL CORRECTION.—
(1) CORRECTION.—Section 201(e)(1)(E)(iv) (16
U.S.C. 1821(e)(1)(E)(iv)) is amended by inserting
‘‘or special areas’’ after ‘‘the exclusive economic
zone’’.
(2) APPLICATION.—The amendment made by
paragraph (1) shall take effect on the date it would
take effect if it were enacted by section 301(d)(2) of
the Act entitled ‘‘An Act to provide for the designa-
tion of the Flower Garden Banks National Marine
Sanctuary’’, approved March 9, 1992 (Public Law
102–251; 106 Stat. 63).
SEC. 6. LARGE-SCALE DRIFT NET FISHING.
Section 206(e) (16 U.S.C. 1826(e)) is amended to
read as follows:
‘‘(e) REPORT.—Not later than March 17th of each
year, the Secretary, after consultation with the Secretary
of State and the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Resources of the House of Rep-
resentatives a list of those nations whose nationals or ves-
sels conduct, and of those nations that authorize their na-
tionals to conduct, large-scale drift net fishing beyond the
exclusive economic zone of any nation in a manner that
diminishes the effectiveness of, or is inconsistent with, any
international agreement governing large-scale drift net
fishing to which the United States is a party or otherwise
subscribes.’’.
SEC. 7. NATIONAL STANDARD FOR FISHERY CONSERVA-
TION 
AND 
MANAGEMENT 
TO 
MINIMIZE
BYCATCH.
Section 301(a) (16 U.S.C. 1851(a)) is amended by
adding at the end the following:
‘‘(8) Conservation and management measures
shall, to the maximum extent practicable, minimize
bycatch.’’.
SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) MEMBERSHIP OF NORTH CAROLINA ON MID-AT-
LANTIC
FISHERY
MANAGEMENT
COUNCIL.—Section
302(a)(2) (16 U.S.C. 1852(a)(2)) is amended—
(1) by striking ‘‘and Virginia’’ and inserting
‘‘Virginia, and North Carolina’’;
(2) by striking ‘‘19’’ and inserting ‘‘21’’; and
(3) by striking ‘‘12’’ and inserting ‘‘13’’.
(b) 
VOTING
MEMBERS, 
GENERALLY.—Section
302(b) (16 U.S.C. 1852(b)) is amended—
(1) in paragraph (2)(B) in the first sentence by
inserting before the period the following: ‘‘, and of
other individuals selected for their fisheries expertise
as demonstrated by their academic training, marine
conservation advocacy, consumer advocacy, or other
affiliation with nonuser groups’’; and
(2) by adding at the end the following new
paragraph:
‘‘(6) The Secretary shall remove any member of a
Council required to be appointed by the Secretary in ac-
cordance with subsection (b)(2) if the member violates sec-
tion 307(1)(P).’’.
(c) COMPENSATION.—
(1) AMENDMENT.—Section 302(d) (16 U.S.C.
1852(d)) is amended in the first sentence—
(A) by striking ‘‘each Council,’’ and insert-
ing ‘‘each Council who are required to be ap-
pointed by the Secretary and’’; and
(B) by striking ‘‘shall, until January 1,
1992,’’ and all that follows through ‘‘GS–16’’
and inserting the following: ‘‘shall receive com-
pensation at a daily rate equivalent to the low-
est rate of pay payable for GS–15,’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1)(B) shall take effect on January 1,
1996.
(d) TRANSACTION
OF BUSINESS.—Section 302(e)
(16 U.S.C. 1852(e)) is amended by adding at the end the
following:
‘‘(5) At the request of any voting member of a
Council, the Council shall hold a roll call vote on any
matter before the Council. The official minutes re-
quired under subsection (j)(2)(E) and other appro-
priate records of any Council meeting shall identify
all roll call votes held, the name of each voting mem-
ber present during each roll call vote, and how each
member voted on each roll call vote.’’.
(e) COMMUNICATIONS WITH FEDERAL AGENCIES
REGARDING ESSENTIAL
AND OTHER FISHERY HABI-
TAT.—Section 302(i) (16 U.S.C. 1852(i)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ after
the semicolon at the end of subparagraph (A) and
striking the period at the end of subparagraph (B)
and inserting ‘‘; and’’;
(2) by adding at the end of paragraph (1) the
following:
‘‘(C) shall notify the Secretary regarding, and
may comment on and make recommendations to any
State or Federal agency concerning, any activity un-
dertaken, or proposed to be undertaken, by any
State or Federal agency that, in the view of the
Council, may have a detrimental effect on the essen-
tial fishery habitat of a fishery under the authority
of the Council.’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Within 15 days after receiving a comment or
recommendation under paragraph (1) from a Council re-
garding the effects of an activity on essential fishery habi-
tat, a Federal agency shall provide to the Council a de-
tailed response in writing. The response shall include a
description of measures being considered by the agency
for avoiding, mitigating, or offsetting the impact of the
activity on such habitat. In the case of a response that
is inconsistent with the recommendations of the Council,
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’’ in the matter pre-
ceding subparagraph (A) 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 back-
ground and interests of the person on 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 ju-
risdiction.’’; 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 by not later than 1 year after the date of the enact-
ment of the Fishery Conservation and Management
Amendments of 1995, shall establish rules which prohibit
an affected individual from voting on a matter in which
the individual or any other person described in paragraph
(2) with respect to the individual has an interest that
would be significantly affected. The rules may include pro-
visions which take into account the differences 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.’’.
(j) 
CONFORMING
AMENDMENT.—Section
302(k)(1)(A) (16 U.S.C. 1852(k)(1)(A)) is amended to
read as follows:
‘‘(A) is nominated by the Governor of a State
for appointment as a voting member of a Council in
accordance with subsection (b)(2) or is designated
by the Governor of a State under subsection
(b)(1)(A) and is not an employee of the State; or’’.
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 and species of bycatch taken on
board a fishing vessel based on a standardized
reporting methodology established by the Coun-
cil for that fishery, and the estimated process-
ing capacity of, and the actual processing ca-
pacity utilized by, United States fish proc-
essors;’’;
(B) by amending paragraph (7) to read as
follows:
‘‘(7) include a description of essential fishery
habitat for a fishery based on the guidelines estab-
lished by the Secretary under section 304(h)(1) and
conservation and management measures necessary to
minimize, to the extent practicable, adverse impacts
on that habitat caused by fishing;’’;
(C) in paragraph (8) by striking ‘‘and’’
after the semicolon at the end;
(D) in paragraph (9) by striking the period
at the end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(10) include a measurable and objective deter-
mination of what constitutes overfishing in that fish-
ery, and a rebuilding program in the case of a plan
for any fishery which the Council or the Secretary
has determined is overfished;
‘‘(11) include conservation and management
measures necessary to minimize bycatch to the maxi-
mum extent practicable;
‘‘(12) to the extent practicable, minimize mor-
tality caused by economic discards and regulatory
discards in the fishery;
‘‘(13) take into account the safety of human life
at sea;
‘‘(14) in the case of any plan which under sub-
section (b)(8) requires that observers be carried on
board vessels—
‘‘(A) be fair and equitable to all fishing
vessels and fish processing vessels, that are ves-
sels of the United States and participate in
fisheries covered by the plan;
‘‘(B) be consistent with other applicable
laws; and
‘‘(C) take into consideration the operating
requirements of the fishery and the safety of
observers and fishermen.’’.
‘‘(15) take into account the historic participa-
tion of local community-based fleets and the coastal
communities which those fleets support, and provide
for the sustained participation of those fleets and
communities.’’.
(2) AMENDMENT OF PLANS.—Not later than 18
months after the date of enactment of this Act, each
Regional Fishery Management Council established
under the Magnuson Fishery Conservation and Man-
agement Act shall submit to the Secretary of Com-
merce an amendment to each fishery management
plan in effect under that Act to comply with the
amendments made by paragraph (1).
(3) FISH WEIGHING.—By January 1, 1997, the
North Pacific Fishery Management Council shall re-
quire all fish processors and fish processing vessels
(as that term is defined in chapter 21 of title 46,
United States Code) that process fish species under
the management of the Council to weigh those fish
to ensure an accurate measurement of the total har-
vest of each species.
(b) AMENDMENTS RELATING
TO DISCRETIONARY
PROVISIONS, GENERALLY.—Section 303(b) (16 U.S.C.
1853(b)) is amended—
(1) in paragraph (8) in the matter preceding
the first semicolon, by striking ‘‘require that observ-
ers’’ and inserting ‘‘require that one or more observ-
ers’’;
(2) in paragraph (9) by striking ‘‘and’’ after
the semicolon;
(3) by redesignating paragraph (10) as para-
graph (14); and
(4) by inserting after paragraph (9) the follow-
ing:
‘‘(10) assess and specify the effect which con-
servation and management measures of the plan will
have on stocks of fish in the ecosystem of the fishery
which are not part of the fishery;
‘‘(11) include incentives and harvest preferences
within fishing gear groups to promote the avoidance
of bycatch;
‘‘(12) specify gear types allowed to be used in
the fishery and establish a process for evaluating
new gear technology that is proposed to be used in
the fishery;
‘‘(13) reserve a portion of the allowable biologi-
cal catch of the fishery for use for scientific research
purposes; and
‘‘(14) in the case of any plan which under sub-
section (b)(8) requires that observers be carried on
board vessels, establish a system of fees, not to ex-
ceed the actual costs of the observer program, to pay
the costs of the program; and’’.
(c) REQUIREMENT TO SUBMIT FISHERY IMPACT
STATEMENTS
TO AFFECTED STATES
AND
THE CON-
GRESS.—Section 303 of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1853), as amended
by section 16(b), is further amended by adding at the end
the following new subsection:
‘‘(h) SUBMISSION OF FISHERY IMPACT STATEMENTS
TO INTERESTED STATES AND THE CONGRESS.—Not later
than the date a fishery management plan prepared by a
Council or the Secretary takes effect under section 304,
the Council or the Secretary, respectively, shall submit the
fishery impact statement required in the plan under sub-
section (a)(9) to—
‘‘(1) the Governor of each State that might be
affected by the plan, who may use information in the
statement to assist persons in applying for loans and
grants for economic relief; and
‘‘(2) the Committee on Resources of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.’’.
SEC. 10. AMENDMENTS RELATING TO MISCELLANEOUS DU-
TIES OF SECRETARY.
(a) SAFETY
AT SEA.—Section 304(a)(2)(C) (16
U.S.C. 1854(a)(2)(C)) is amended by striking ‘‘to fishery
access’’ and all that follows through the period and insert-
ing ‘‘with respect to the provisions of sections 303(a)(6)
and (13).’’.
(b) HIGHLY MIGRATORY SPECIES.—Section 304(f)
(16 U.S.C. 1854(f)) is amended—
(1) by striking the subsection heading and in-
serting the following: ‘‘FISHERIES UNDER AUTHOR-
ITY OF MORE THAN ONE COUNCIL.—’’;
(2) in paragraph (3)(C)(ii) by inserting before
the semicolon the following: ‘‘and the plan develop-
ment team established under paragraph (4)’’;
(3) in paragraph (3)(E), strike ‘‘allocation or
quota’’ each place it appears and insert ‘‘allocation,
quota, or fishing mortality level’’;
(4) in paragraph (3)(F)(ii) by inserting ‘‘and
the plan development team established under para-
graph (4)’’ before the semicolon;
(5) by adding at the end the following:
‘‘(4)(A) The Secretary shall establish a plan de-
velopment team for each highly migratory species
fishery over which the Secretary has authority under
paragraph (3)(A), to advise the Secretary on and
participate in the development of each fishery man-
agement plan or amendment to a plan for the fish-
ery under this subsection.
‘‘(B) The plan development team shall—
‘‘(i) consist of not less than 7 individuals
who are knowledgeable about the fishery for
which the plan or amendment is developed, se-
lected from members of advisory committees
and species working groups appointed under
Acts implementing relevant international fishery
agreements pertaining to highly migratory spe-
cies and from other interested persons;
‘‘(ii) be balanced in its representation of
commercial, recreational, and other interests;
and
‘‘(iii) participate in all aspects of the devel-
opment of the plan or amendment.
‘‘(C) The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to any plan develop-
ment team established under this paragraph.’’; and
(6) in paragraph (3)(D) by striking clauses (ii)
and (iii) and inserting the following:
‘‘(ii) be fair and equitable in allocating fishing
privileges among United States fishermen and not
have economic allocation as the sole purpose;
‘‘(iii) promote international conservation;
‘‘(iv) minimize the establishment of regulations
that require the discarding of Atlantic highly migra-
tory species which cannot be returned to the sea
alive; and
‘‘(v) promote the implementation of scientific
research programs that include to the extent prac-
ticable, the tag, and release of Atlantic highly migra-
tory species.’’.
(c) LIMITED ACCESS.—Section 304(c)(3) (16 U.S.C.
1854(c)(3)) is amended by inserting ‘‘or advisory commit-
tee appointed under laws implementing relevant inter-
national fishery agreements to which the United States
is a party’’ before the period at the end.
(d) INCIDENTAL
HARVEST
RESEARCH.—Section
304(g) (16 U.S.C. 1854(g)) is amended—
(1) in paragraph (1) by striking ‘‘3-year’’;
(2) by striking paragraph (4) and inserting the
following:
‘‘(4) No later than 12 months after the enactment
of the Fishery Conservation and Management Amend-
ments of 1995, the Secretary shall, in cooperation with
affected interests and based upon the best scientific infor-
mation available, complete a program to—
‘‘(A) develop technological devices and other
changes in fishing operations to minimize the inci-
dental mortality of nontargeted fishery resources in
the course of shrimp trawl activity to the extent
practicable from the level of mortality at the date of
enactment of the Fishery Conservation and Manage-
ment Amendments of 1990;
‘‘(B) evaluate the ecological impacts and the
benefits and costs of such devices and changes in
fishing operations; and
‘‘(C) assess whether it is practicable to utilize
those nontargeted fishery resources which are not
avoidable.’’; and
(3) by adding at the end the following new
paragraph:
‘‘(7) Any measure implemented under this Act to re-
duce the incidental mortality of nontargeted fishery re-
sources in the course of shrimp trawl fishing shall apply
to such fishing throughout the range of the nontargeted
fishery resource concerned.’’.
(e) ESSENTIAL FISHERY HABITAT; OVERFISHING.—
Section 304 (16 U.S.C. 1854) is further amended by add-
ing at the end the following:
‘‘(h) ACTIONS BY THE SECRETARY ON ESSENTIAL
FISHERY HABITAT.—(1) Within one year after the date
of enactment of the Fishery Conservation and Manage-
ment Amendments of 1995, the Secretary shall—
‘‘(A) establish guidelines to assist the Councils
in the description of essential fishery habitat in fish-
ery management plans; and
‘‘(B) establish a schedule for the amendment of
fishery management plans to describe essential fish
habitats.
‘‘(2) The Secretary, in cooperation with the Secretary
of the Interior, shall identify the essential fishery habitat
for each fishery for which a fishery management plan is
in effect. The identification shall be based on the descrip-
tion of essential fishery habitat contained in the plan.
‘‘(3) Each Federal agency shall consult with the Sec-
retary with respect to any action proposed to be author-
ized, funded, or carried out by such agency that the head
of the agency has reason to believe, or the Secretary be-
lieves, may result in the destruction or adverse modifica-
tion of any essential fishery habitat identified by the Sec-
retary under paragraph (2). If the Secretary finds that
the proposed action would result in destruction or adverse
modifications of such essential fishery habitat, the Sec-
retary shall comment on and make recommendations to
the agency concerning that action.
‘‘(4) Within 15 days after receiving recommendations
from the Secretary under paragraph (3) with respect to
a proposed action, the head of a Federal agency shall pro-
vide a detailed, written response to the Secretary which
describes the measures proposed by the agency to avoid,
mitigate, or offset the adverse impact of the proposed ac-
tion on the essential fishery habitat. In the case of a re-
sponse that is inconsistent with the recommendation of the
Secretary, the agency shall explain its reasons for not fol-
lowing the recommendations.
‘‘(5) The Secretary shall review programs adminis-
tered by the Department of Commerce to ensure that any
relevant programs further the conservation and enhance-
ment of essential fishery habitat identified by the Sec-
retary under paragraph (2). The Secretary shall coordi-
nate with and provide information to other Federal agen-
cies to further the conservation and enhancement of essen-
tial fishery habitat identified by the Secretary under para-
graph (2).
‘‘(6) Nothing in this subsection shall have the effect
of amending or repealing any other law or regulation or
modifying any other responsibility of a Federal agency
with respect to fisheries habitat.
‘‘(i) 
ACTION
BY
THE
SECRETARY
ON
OVERFISHING.—(1) In addition to the authority granted
to the Secretary under subsection (c), if the Secretary
finds at any time that overfishing is occurring or has oc-
curred in any fishery, the Secretary shall immediately no-
tify the appropriate Council and request that action be
taken to end overfishing in the fishery and to establish
a rebuilding program for the fishery. The Secretary shall
publish each notice under this paragraph in the Federal
Register.
‘‘(2) If the Council does not submit to the Secretary
before the end of the 1-year period beginning on the date
of notification under paragraph (1) a fishery management
plan, or an amendment to the appropriate existing fishery
management plan, which is intended to address
overfishing in the fishery and to establish any necessary
rebuilding program, then the Secretary shall within 9
months after the end of that period prepare under sub-
section (c) a fishery management plan, or an amendment
to an existing management plan, to end overfishing in the
fishery and to establish any necessary rebuilding program.
‘‘(3) If the Secretary finds that overfishing is occur-
ring in any fishery for which a fishery management plan
prepared by the Secretary is in effect, the Secretary
shall—
‘‘(A) within 1 year act under subsection (c) to
amend the plan to end overfishing in the fishery and
to establish any necessary rebuilding program; and
‘‘(B) in the case of a highly migratory species
fishery, pursue international rebuilding programs.
‘‘(4) Any rebuilding program under this subsection
shall specify the time period within which the fishery is
expected to be rebuilt. The time period shall be as short
as possible, taking into account the biology and natural
variability of the stock of fish, other environmental factors
or conditions which would affect the rebuilding program,
and the needs of the fishing industry. The time period may
not exceed 10 years, except in cases where the biology of
the stock of fish or other environmental conditions or fac-
tors beyond the control of the rebuilding program dictates
otherwise.
‘‘(5) If the Secretary finds that the action of any Fed-
eral agency has caused or contributed to the decline of
a fishery below maximum sustainable yield, the Secretary
shall notify the agency of the Secretary’s finding and rec-
ommend steps that can be taken by the agency to reverse
that decline.
‘‘(6)(A) The Secretary shall review the progress of
any rebuilding program required under this subsection be-
ginning in the third year in which the plan is in effect,
and annually thereafter.
‘‘(B) If the Secretary finds as a result of the review
that the rebuilding program is not meeting its specified
goals due to reasons related to the reproductive capacity,
productivity, life span, or natural variability of the fish
species concerned or other environmental conditions or
factors beyond the control of the rebuilding program, the
Secretary shall—
‘‘(i) reassess the goals of the program;
‘‘(ii) determine, based on the best available sci-
entific information, whether revision to the program
is needed; and
‘‘(iii) if the Secretary determines under clause
(ii) that such revisions are needed, direct the Council
that established the program to make revisions to
the program, or in the case of a program established
by the Secretary, make such revisions.
‘‘(C) If the Secretary finds as a result of the review
that the rebuilding program is not meeting its specified
goals for reasons other than those described in subpara-
graph (B), the Secretary shall direct the Council that es-
tablished the program to make revisions to the program,
or in the case of a program established by the Secretary,
make such revisions.
‘‘(7)(A) The Secretary shall report annually to the
Congress and the Councils on the status of fisheries within
each Council’s geographic area of authority and identify
those fisheries that are approaching a condition of being
overfished.
‘‘(B) For each fishery that is subject to a fishery
management plan, the status of the fishery shall be deter-
mined for purposes of subparagraph (A) in accordance
with the determination of what constitutes overfishing in
the fishery included in the plan under section 303(a)(10).
‘‘(C) The Secretary shall identify a fishery under sub-
paragraph (A) as approaching a condition of being
overfished if, based on trends in fishing effort, fishery re-
source size, and other appropriate factors, the Secretary
determines that the fishery is likely to become overfished
within 2 years.
‘‘(D) For any fishery that the Secretary identifies
under subparagraph (A) as approaching the condition of
being overfished, the report shall—
‘‘(i) estimate the time frame within which the
fishery will reach that condition; and
‘‘(ii) make specific recommendations to the ap-
propriate Council regarding actions that should be
taken to prevent that condition from being
reached.’’.
(f) ACTION ON CERTAIN IMPLEMENTING REGULA-
TIONS PROPOSED BY COUNCILS.—Section 304 (16 U.S.C.
1854) is further amended by adding at the end the follow-
ing:
‘‘(j) ACTION ON COVERED IMPLEMENTING REGULA-
TIONS PROPOSED BY A COUNCIL.—(1) After the receipt
date of a covered implementing regulation submitted by
a Council, the Secretary shall—
‘‘(A) immediately commence a review of the
covered implementing regulation to determine wheth-
er it is consistent with the fishery management plan
it would implement, the national standards, the
other provisions of this Act, and any other applicable
law; and
‘‘(B) immediately publish the covered imple-
menting regulation in the Federal Register and pro-
vide a period of not less than 15 days and not more
than 45 days for the submission of comments by the
public.
‘‘(2) Not later than 75 days after the receipt date
of a covered implementing regulation submitted by a
Council, the Secretary shall—
‘‘(A) publish a final regulation on the subject
matter of the covered implementing regulation; or
‘‘(B) decline to publish a final regulation.
The Secretary shall provide to the Council in writing an
explanation of the reasons for the Secretary’s action.
‘‘(3) For the purposes of this subsection, the term—
‘‘(A) ‘receipt date’ means the 5th day after the
day on which a Council submits to the Secretary a
covered implementing regulation that the Council
characterizes as a final covered implementing regula-
tion; and
‘‘(B) ‘covered implementing regulation’—
‘‘(i) means a proposed amendment to exist-
ing regulations implementing a fishery manage-
ment plan in effect under this Act, which does
not have the effect of amending the plan; and
‘‘(ii) does not include any proposed regula-
tion submitted with a plan or amendment to a
plan under section 303(c).’’.
(g) PACIFIC REGION STOCK ASSESSMENT.—Section
304 (16 U.S.C. 1854) is further amended by adding at
the end the following:
‘‘(k) PACIFIC REGION STOCK ASSESSMENT.—(1) Not
later than 120 days after the date of enactment of the
Fishery Conservation and Management Amendments of
1995, the Secretary shall, in consultation with the Pacific
Fishery Management Council and the States of California,
Oregon, and Washington, establish a Pacific Region Sci-
entific Review Group (in this subsection referred to as the
‘Group’) consisting of representatives of the National Ma-
rine Fisheries Service, each of the States of California,
Oregon, and Washington, universities located in those
States, commercial and recreational fishermen and United
States fish processors located in those States, and environ-
mental organizations. Individuals appointed to serve on
the Group shall be selected from among individuals who
are knowledgeable or experienced in the harvesting, proc-
essing, biology, or ecology of the fish stocks of fish that
are managed under the Pacific Fisheries Management
Council Pacific Coast Groundfish Plan (in this subsection
referred to as the ‘covered Pacific stocks’).
‘‘(2) Not later than 180 days after the date of estab-
lishment of the Group, the Group shall transmit to the
Secretary a research plan of at least 3 years duration to
assess the status of the covered Pacific stocks, including
the abundance, location, and species, age, and gender com-
position of those stocks. The plan shall provide for the
use of private vessels to conduct stock surveys.
‘‘(3) Immediately upon receiving the plan transmitted
under paragraph (2), the Secretary shall take action nec-
essary to carry out the plan and report such actions to
the Committee on Resources of the House of Representa-
tives. The Secretary shall implement the plan, subject to
the availability of appropriations, by chartering private
vessels, arranging for the deployment of scientists on those
vessels (including the payment of increased insurance
costs to vessel owners), and obtaining the assistance of
United States fish processors.
‘‘(4) The Secretary may offset the cost of carrying
out the plan by entering into agreements with vessel own-
ers or United States fish processors to provide vessel own-
ers or United States fish processors with a portion of the
allowable biological catch reserved for research purposes
under section 303(b).
(h) ECONOMIC ANALYSIS.—Section 304 (16 U.S.C.
1854) is further amended by adding after subsection (m)
(as added by section 22(b) of this Act) the following new
subsection:
‘‘(n) ECONOMIC ANALYSIS.—In performing any eco-
nomic analysis of a plan, amendment, or regulation pro-
posed under this Act, the Secretary or a Council, as appro-
priate, shall consider the costs and benefits which accrue
to local community-based fleets and the coastal commu-
nities they support.’’.
SEC. 11. EMERGENCY ACTIONS.
Section 305(c) (16 U.S.C. 1855(c)) is amended—
(1) in paragraph (2)(A), by inserting ‘‘under
section 302(b)(1)(A) and (C)’’ after ‘‘voting mem-
bers’’;
(2) by amending paragraph (3)(B) to read as
follows:
‘‘(B) shall remain in effect for not more than
180 days after the date of such publication, except
that any such regulation may, by agreement of the
Secretary and the Council and after notice and an
opportunity for submission of comments by the pub-
lic, be effective for 1 additional period of not more
than 180 days; and’’; and
(3) by adding at the end the following:
‘‘(4) The Secretary may promulgate emergency regu-
lations under this subsection to protect the public health.
Notwithstanding paragraph (3), regulations promulgated
under this paragraph shall remain in effect until with-
drawn by the Secretary. The Secretary shall promptly
withdraw regulations under this paragraph when the cir-
cumstances requiring the regulations no longer exist. The
Secretary shall provide an opportunity for submission of
comments by the public after regulations are promulgated
under this paragraph.
‘‘(5) An emergency regulation promulgated under
this subsection that closes an area to fishing shall not re-
main in effect for an additional period under paragraph
(3)(B) unless before the beginning of the additional period
the Council having jurisdiction over the area, in conjunc-
tion with the Secretary, publishes a report on the status
of the fishery in the area that includes an analysis of the
costs and benefits of the closure.’’.
SEC. 12. STATE JURISDICTION.
(a) 
REPORTS.—Section 
306(c)(1) 
(16 
U.S.C.
1856(c)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) the owner or operator of the vessel sub-
mits to the appropriate Council and the Secretary,
in a manner prescribed by the Secretary, periodic re-
ports on the tonnage of fish received from vessels of
the United States and the locations from which such
fish were harvested.’’.
(b) STATE AUTHORITY.—Section 306(b) (16 U.S.C.
1856(b)) is amended by adding at the end the following:
‘‘(3) For any fishery occurring off the coasts of Alas-
ka for which there is no Federal fishery management plan
approved and implemented pursuant to this Act, or pursu-
ant to delegation to a State in a fishery management plan,
a State may enforce its laws or regulations pertaining to
the taking of fish in the exclusive economic zone off that
State or the landing of fish caught in the exclusive eco-
nomic zone providing there is a legitimate State interest
in the conservation and management of that fishery, until
a Federal fishery management plan is implemented. Fish-
eries currently managed pursuant to a Federal fishery
management plan shall not be removed from Federal man-
agement and placed under State authority without the
unanimous consent (except for the Regional Director of
the National Marine Fisheries Service) of the Council
which developed the fishery management plan.’’.
SEC. 13. PROHIBITED ACTS.
(a) PROHIBITION ON REMOVING, DAMAGING, TAM-
PERING WITH, OR MOVING FISHING GEAR AND FISH.—
(1) PROHIBITION.—Section 307(1) of the Mag-
nuson Fishery Conservation and Management Act
(16 U.S.C. 1857(1)) is amended—
(A) by redesignating subparagraphs (L),
(M), and (N) in order as subparagraphs (M),
(N), and (O); and
(B) by striking subparagraph (K) and in-
serting the following:
‘‘(K) to steal or to knowingly and without
authorization to remove, damage, or tamper
with—
‘‘(i) fishing gear owned by another
person, which is located in the exclusive
economic zone or special areas; or
‘‘(ii) fish contained in such fishing
gear;
‘‘(L) to negligently damage, remove, or
move, or to attempt to do any of the foregoing
with respect to—
‘‘(i) fishing gear that is owned by an-
other person and located in the exclusive
economic zone; or
‘‘(ii) fish contained in such fishing
gear;’’.
(2) 
CONFORMING
AMENDMENTS.—Section
309(a) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1859) is amended—
(A) in paragraph (1) by striking ‘‘or (L)’’
and inserting ‘‘(K), or (M)’’; and
(B) in subsection (b) by striking ‘‘section
307(1)(L)’’ and inserting ‘‘section 307(1)(M)’’.
(b) FAILURE TO DISCLOSE FINANCIAL INFORMA-
TION.—Section 307(1) (16 U.S.C. 1857(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(N) (as redesignated by subsection (a)(1)(A) of this
section);
(2) by striking the period at the end of sub-
paragraph (O) (as redesignated by subsection
(a)(1)(A) of this section) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(P) to knowingly and willfully fail to dis-
close or falsely disclose any financial interest as
required under section 302(k) or to knowingly
violate any rule established under section
302(k)(8).’’.
(c) PROHIBITED FISHING.—
(1) IN
GENERAL.—Section 307(2)(B) (16
U.S.C. 1857(2)(B)) is amended to read as follows:
‘‘(B) in fishing, except recreational fishing
permitted under section 201(j), within the ex-
clusive economic zone or within the special
areas, or for any anadromous species or Con-
tinental Shelf fishery resources beyond such
zone or areas, or in fishing consisting of trans-
porting fish products from a point within the
boundaries of any State or the exclusive eco-
nomic zone or the special areas, unless such
fishing is authorized under, and conducted in
accordance with, a valid and applicable permit
issued under section 204, except that this sub-
paragraph shall not apply to fishing within the
special areas before the date on which the
Agreement between the United States and the
Union of Soviet Socialist Republics on the Mar-
itime Boundary, signed June 1, 1990, enters
into force for the United States; or’’.
(2) 
CONFORMING
AMENDMENT.—Section
301(h)(2)(A) of the Act entitled ‘‘An Act to provide
for the designation of the Flower Garden Banks Na-
tional Marine Sanctuary’’, approved March 9, 1992
(Public Law 102–251; 106 Stat. 64), is repealed.
(d) RESTRICTION ON SALE OF LOBSTERS.—Section
307(1)(J)(i) (16 U.S.C. 1557(1)(J)(i)) is amended—
(1) by striking ‘‘plan,’’ and inserting ‘‘plan’’;
and
(2) by inserting before the semicolon the follow-
ing: ‘‘, or in the absence of both such plans is small-
er than the minimum possession size in effect at the
time under the Atlantic States Marine Fisheries
Commission’s American Lobster Fishery Manage-
ment Plan’’.
SEC. 14. HAROLD SPARCK BERING SEA COMMUNITY DEVEL-
OPMENT QUOTA PROGRAM.
Section 313 (16 U.S.C. 1862) is amended by adding
at the end the following new subsection:
‘‘(f) BERING
SEA
COMMUNITY
DEVELOPMENT
QUOTA PROGRAM.—(1) The North Pacific Fishery Man-
agement Council and the Secretary shall establish a west-
ern Alaska community development quota program under
which a percentage of the total allowable catch of any Ber-
ing Sea fishery is allocated to western Alaska communities
that participate in the program.
‘‘(2) To be eligible to participate in the western Alas-
ka community development quota program under para-
graph (1), a community must—
‘‘(A) be located within 50 nautical miles from
the baseline from which the breadth of the territorial
sea is measured along the Bering Sea coast from the
Bering Strait to the western most of the Aleutian Is-
lands, or on an island within the Bering Sea;
‘‘(B) not be located on the Gulf of Alaska coast
of the north Pacific Ocean;
‘‘(C) meet criteria developed by the Governor of
Alaska, approved by the Secretary, and published in
the Federal Register;
‘‘(D) be certified by the Secretary of the Inte-
rior pursuant to the Alaska Native Claims Settle-
ment Act to be a Native village;
‘‘(E) consist of residents who conduct more
than one-half of their current commercial or subsist-
ence fishing effort in the waters of the Bering Sea
and Aleutian Islands management area; and
‘‘(F) not have previously developed harvesting
or processing capability sufficient to support sub-
stantial participation in the groundfish fisheries in
the Bering Sea, unless the community can show that
the benefits from an approved Community Develop-
ment Plan would be the only way for the community
to realize a return from previous investments.’’.
SEC. 15. OBSERVERS.
Title III (16 U.S.C. 1851 et seq.) is amended by add-
ing at the end the following:
‘‘SEC. 315. RIGHTS OF OBSERVERS.
‘‘(a) CIVIL ACTION.—An observer on a vessel (or the
observer’s personal representative) under the requirements
of this Act or the Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) that is ill, disabled, injured, or
killed from service as an observer on that vessel may not
bring a civil action under any law of the United States
for that illness, disability for that illness, disability, injury,
or death against the vessel or vessel owner, except that
a civil action may be brought against the vessel owner for
the owner’s willful misconduct.
‘‘(b) EXCEPTION.—Subsection (a) does not apply if
the observer is engaged by the owner, master, or individual
in charge of a vessel to perform any duties in service to
the vessel.’’.
SEC. 16. INDIVIDUAL QUOTA LIMITED ACCESS PROGRAMS.
(a) AUTHORITY TO ESTABLISH INDIVIDUAL QUOTA
SYSTEMS.—Section 303(b)(6) (16 U.S.C. 1853(b)(6)) is
amended to read as follows:
‘‘(6) establish a limited access system for the
fishery in order to achieve optimum yields, if—
‘‘(A) in developing such system, the Coun-
cils and the Secretary take into account—
‘‘(i) the need to promote conservation;
‘‘(ii) present participation in the fish-
ery,
‘‘(iii) historical fishing practices in,
and dependence on, the fishery,
‘‘(iv) the economics of the fishery,
‘‘(v) the capability of fishing vessels
used in the fishery to engage in other fish-
eries,
‘‘(vi) the cultural and social frame-
work relevant to the fishery and local
coastal communities, and
‘‘(vii) any other relevant consider-
ations; and
‘‘(B) in the case of such a system that pro-
vides for the allocation and issuance of individ-
ual quotas (as that term is defined in sub-
section (g)), the plan complies with subsection
(g).’’.
(b) REQUIREMENTS.—Section 303 is further amend-
ed by adding at the end the following new subsection:
‘‘(g) SPECIAL PROVISIONS FOR INDIVIDUAL QUOTA
SYSTEMS.—(1) A fishery management plan which estab-
lishes an individual quota system for a fishery—
‘‘(A) shall provide for administration of the sys-
tem by the Secretary in accordance with the terms
of the plan;
‘‘(B) shall not create, or be construed to create,
any right, title, or interest in or to any fish before
the fish is harvested;
‘‘(C) shall include provisions which establish
procedures and requirements for each Council hav-
ing authority over the fishery, for—
‘‘(i) reviewing and revising the terms of
the plan that establish the system; and
‘‘(ii) renewing, reallocating, and reissuing
individual quotas if determined appropriate by
each Council;
‘‘(D) shall include provisions to—
‘‘(i) provide for fair and equitable alloca-
tion of individual quotas under the system;
‘‘(ii) minimize negative social and economic
impacts of the system on local coastal commu-
nities; and
‘‘(iii) ensure adequate enforcement of the
system, including the use of observers where
appropriate at a level of coverage that should
yield statistically significant results, except that
on a fish processing vessel at sea observers shall
be required as necessary to ensure monitoring
of fishing activities 24 hours each day; and
‘‘(E) include provisions that prevent any person
from acquiring an excessive share of individual
quotas issued for a fishery.
‘‘(2) An individual quota issued under an individual
quota system established by a fishery management plan—
‘‘(A) shall be considered a grant, to the holder
of the individual quota, of permission to engage in
activities permitted by the individual quota;
‘‘(B) may be revoked or limited at any time, in
accordance with the terms of the plan and regula-
tions issued by the Secretary or the Council having
authority over the fishery for which it is issued, if
necessary for the conservation and management of
the fishery (including as a result of a violation of
this Act or any regulation prescribed under this
Act);
‘‘(C) if revoked or limited by the Secretary or
a Council, shall not confer any right of compensation
to the holder of the individual quota;
‘‘(D) may be received and held in accordance
with regulations prescribed by the Secretary under
this Act;
‘‘(E) shall, except in the case of an individual
quota allocated under an individual quota system es-
tablished before the date of enactment of the Fish-
ery Conservation and Management Amendments of
1995, expire not later than 7 years after the date it
is issued, in accordance with the terms of the fishery
management plan; and
‘‘(F) upon expiration under subparagraph (E),
may be renewed, reallocated, or reissued if deter-
mined appropriate by each Council having authority
over the fishery.
‘‘(3)(A) Except as provided in subparagraphs (B)
and (C), any fishery management plan that establishes an
individual quota system for a fishery may authorize indi-
vidual quotas to be held by or issued under the system
to fishing vessel owners, fishermen, crew members, and
United States fish processors.
‘‘(B) An individual who is not a citizen of the United
States may not hold an individual quota issued under a
fishery management plan.
‘‘(C) A Federal agency or official may not hold, ad-
minister, or reallocate an individual quota issued under
a fishery management plan, other than the Secretary and
the Council having authority over the fishery for which
the individual quota is issued.
‘‘(4) Any fishery management plan that establishes
an individual quota system for a fishery may include provi-
sions that—
‘‘(A) allocate individual quotas under the sys-
tem among categories of vessels; and
‘‘(B) provide a portion of the annual harvest in
the fishery for entry-level fishermen, small vessel
owners, or crewmembers who do not hold or qualify
for individual quotas.
‘‘(5)(A) An individual quota system established for
a fishery may be limited or terminated at any time if nec-
essary for the conservation and management of the fish-
ery, by—
‘‘(i) the Council which has authority over the
fishery for which the system is established, through
a fishery management plan or amendment; or
‘‘(ii) the Secretary, in the case of any individual
quota system established by a fishery management
plan developed by the Secretary.
‘‘(B) This paragraph does not diminish the authority
of the Secretary under any other provision of this Act.
‘‘(6) Any individual quota system established for a
fishery after the date of enactment of the Fishery Con-
servation and Management Amendments of 1995—
‘‘(A) shall not allow individual quotas shares
under the system to be sold, transferred, or leased;
‘‘(B) shall prohibit a person from holding an in-
dividual quota share under the system unless the
person participates in the fishery for which the indi-
vidual quota share is issued; and
‘‘(C) shall require that if any person that holds
an individual quota share under the system does not
engage in fishing under the individual quota share
for 3 or more years in any period of 5 consecutive
years, the individual quota share shall revert to the
Secretary and shall be reallocated under the system
to qualified participants in the fishery in a fair and
equitable manner and in accordance with the follow-
ing priorities:
‘‘(i) As the first priority, to persons who
have participated in the fishery but have not re-
ceived any individual quota shares under the
system, or have received individual quota shares
under the system in an amount insufficient to
allow participation in the fishery.
‘‘(ii) As the second priority, to persons who
desire to enter the fishery.
‘‘(iii) As the third priority, to persons who
participate in the fishery and hold individual
quota shares sufficient to permit that participa-
tion.
‘‘(7) In reallocating individual quota shares under
paragraph (6)(C)(iii), the Secretary may utilize a royalty
auction or other comparable bidding process.
‘‘(8) The Secretary may suspend the applicability of
paragraph (6) for individuals on a case-by-case basis due
to death, disablement, undue hardship, or in any case in
which fishing is prohibited by the Secretary or the Council.
‘‘(9) This subsection does not require a Council or
the Secretary to amend a fishery management plan in
order to comply with paragraph (1)(D)(i) or (ii) with re-
spect to an individual quota system, if the plan (or an
amendment to the plan) established the individual quota
system before the date of enactment of the Fishery Con-
servation and Management Amendments of 1995.
‘‘(10) As used in this subsection:
‘‘(A) The term ‘individual quota system’ means
a system that limits access to a fishery in order to
achieve optimum yield, through the allocation and is-
suance of individual quotas.
‘‘(B) The term ‘individual quota’ means a grant
of permission to harvest or process a quantity of fish
in a fishery, during each fishing season for which
the permission is granted, equal to a stated percent-
age of the total allowable catch for the fishery.’’.
(c) FEES.—Section 304(d) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary
shall’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) Notwithstanding paragraph (1), the Sec-
retary shall collect from a person that holds an individual
quota issued under a limited access system established
under section 303(b)(6) fees established by the Secretary
in accordance with this section and section 9701(b) of title
31, United States Code.
‘‘(B) The fees required to be established and collected
by the Secretary under this paragraph are the following:
‘‘(i) An initial allocation fee in an amount, de-
termined by the Secretary, equal to 1 percent of the
value of fish authorized to be harvested in one year
under an individual quota, which shall be collected
from the person to whom the individual quota is
first issued.
‘‘(ii) An annual fee in an amount, determined
by the Secretary, not to exceed 4 percent of the
value of fish authorized to be harvested each year
under an individual quota share, which shall be col-
lected from the holder of the individual quota share.
‘‘(C) In determining the amount of a fee under this
paragraph, the Secretary shall ensure that the amount is
commensurate with the cost of managing the fishery with
respect to which the fee is collected, including reasonable
costs for salaries, data analysis, and other costs directly
related to fishery management and enforcement.
‘‘(D) The Secretary, in consultation with the Coun-
cils, shall promulgate regulations prescribing the method
of determining under this paragraph the value of fish au-
thorized to be taken under an individual quota share, the
amount of fees, and the method of collecting fees.
‘‘(E) Fees collected under this paragraph from hold-
ers of individual quotas in a fishery shall be an offsetting
collection and shall be available to the Secretary only for
the purposes of administering and implementing this Act
with respect to that fishery.
‘‘(F) The Secretary may not assess or collect any fee
under this paragraph with respect to an individual quota
system established before the date of enactment of the
Fishery Conservation and Management Amendments of
1995, during the 5-year period beginning on that date of
enactment.’’.
(d) APPROVAL OF FISHERY MANAGEMENT PLANS
ESTABLISHING INDIVIDUAL QUOTA SYSTEMS.—Section
304 (16 U.S.C. 1854) is further amended by adding after
subsection (k) (as added by section 10 of this Act) the
following new subsection:
‘‘(l) ACTION ON LIMITED ACCESS SYSTEMS.—(1) In
addition to the other requirements of this Act, the Sec-
retary may not approve a fishery management plan that
establishes a limited access system that provides for the
allocation of individual quotas (in this subsection referred
to as an ‘individual quota system’) unless the plan com-
plies with section 303(g).
‘‘(2) Within 1 year after receipt of recommendations
from the review panel established under paragraph (3),
the Secretary shall issue regulations which establish re-
quirements for establishing an individual quota system.
The regulations shall be developed in accordance with the
recommendations. The regulations shall—
‘‘(A) specify factors that shall be considered by
a Council in determining whether a fishery should be
managed under an individual quota system;
‘‘(B) ensure that any individual quota system is
consistent with the requirements of sections 303(b)
and 303(g), and require the collection of fees in ac-
cordance with subsection (d)(2);
‘‘(C) provide for appropriate penalties for viola-
tions of individual quotas systems, including the rev-
ocation of individual quotas for such violations;
‘‘(D) include recommendations for potential
management options related to individual quotas, in-
cluding the authorization of individual quotas that
may not be transferred by the holder, and the use
of leases or auctions by the Federal Government in
the establishment or allocation of individual quotas;
and
‘‘(E) establish a central lien registry system for
the identification, perfection, and determination of
lien priorities, and nonjudicial foreclosure of encum-
brances, on individual quotas.
‘‘(3)(A) Not later than 6 months after the date of
the enactment of the Fishery Conservation and Manage-
ment Amendments of 1995, the Secretary shall establish
a review panel to evaluate fishery management plans in
effect under this Act that establish a system for limiting
access to a fishery, including individual quota systems,
and other limited access systems, with particular attention
to—
‘‘(i) the success of the systems in conserving
and managing fisheries;
‘‘(ii) the costs of implementing and enforcing
the systems;
‘‘(iii) the economic effects of the systems on
local communities; and
‘‘(iv) the use of leases or auctions in the estab-
lishment or allocation of individual quota shares.
‘‘(B) The review panel shall consist of—
‘‘(i) the Secretary or a designee of the Sec-
retary;
‘‘(ii) a representative of each Council, selected
by the Council;
‘‘(iii) 3 representatives of the commercial fish-
ing and processing industry; and
‘‘(iv) one at large representative who is selected
by reason of occupational or other experience, sci-
entific expertise, or training, and who is knowledge-
able regarding the conservation and management or
the commercial or recreational harvest of fishery re-
sources.
‘‘(C) Based on the evaluation required under sub-
paragraph (A), the review panel shall, by September 30,
1997—
‘‘(i) submit comments to the Councils and the
Secretary with respect to the revision of individual
quota systems that were established under this Act
prior to June 1, 1995; and
‘‘(ii) submit recommendations to the Secretary
for the development of the regulations required
under paragraph (2).’’.
(e) RESTRICTION ON NEW INDIVIDUAL QUOTA SYS-
TEMS PENDING REGULATIONS.—
(1) RESTRICTION.—The Secretary of Commerce
may not approve any covered quota system plan, and
no covered quota system plan shall take effect,
under title III of the Magnuson Fishery Conserva-
tion and Management Act before the effective date
of regulations issued by the Secretary under section
304(l) of that Act, as added by subsection (d).
(2) COVERED
QUOTA
SYSTEM
PLAN
DE-
FINED.—In this subsection, the term ‘‘covered quota
system plan’’ means a fishery management plan or
amendment to a fishery management plan, that—
(A) proposes establishment of an individual
quota system (as that term is used in section
303 of the Magnuson Fishery Conservation and
Management Act, as amended by subsection (a)
of this section); and
(B) is submitted to the Secretary after
May 1, 1995.
SEC. 17. FISHING CAPACITY REDUCTION PROGRAMS.
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.)
is further amended by adding after section 315 (as added
by section 15 of this Act) the following new section:
‘‘SEC. 316. FISHING CAPACITY REDUCTION PROGRAMS.
‘‘(a) AUTHORITY TO CONDUCT PROGRAM.—The Sec-
retary, with the concurrence of the Council having author-
ity over a fishery, may conduct a voluntary fishing capac-
ity reduction program for a fishery in accordance with this
section, if—
‘‘(1) the Secretary—
‘‘(A) determines that the program is nec-
essary for rebuilding, preventing overfishing, or
generally improving conservation and manage-
ment of the fishery; or
‘‘(B) is requested to do so by the Council
with authority over the fishery; and
‘‘(2) there is in effect under section 304 a fish-
ery management plan that—
‘‘(A) limits access to the fishery through a
Federal fishing permit required by a limited ac-
cess system established under section 303(b)(6);
and
‘‘(B) prevents the replacement of fishing
capacity eliminated by the program through—
‘‘(i) a moratorium on the issuance of
new Federal fishing permits for the dura-
tion of the repayment period; and
‘‘(ii) restrictions on fishing vessel ca-
pacity upgrading.
‘‘(b) PROGRAM REQUIREMENTS.—Under a fishing
capacity reduction program conducted under this section
for a fishery, the Secretary shall—
‘‘(1) seek to permanently reduce the maximum
effective fishing capacity at the least cost and in the
shortest period of time through the removal of ves-
sels and permits from the fishery;
‘‘(2) make payments to—
‘‘(A) scrap or otherwise render perma-
nently unusable for fishing in the United
States, vessels that operate in the fishery; and
‘‘(B) acquire the Federal fishing permits
that authorize participation in the fishery;
‘‘(3) provide for the funding of those payments
by persons that participate in the fishery, by estab-
lishing and imposing fees on holders of Federal fish-
ing permits under this Act that authorize that par-
ticipation;
‘‘(4) establish criteria for determining the types
of vessels and permits which are eligible to partici-
pate in the program, that—
‘‘(A) assess vessel impact on the fishery;
‘‘(B) minimize program costs; and
‘‘(C) take into consideration—
‘‘(i) previous fishing capacity reduc-
tion programs; and
‘‘(ii) the characteristics of the fishery;
‘‘(5) establish procedures for determining the
amount of payments under subsection (c); and
‘‘(6) identify sources of funding for the pro-
gram in addition to the amounts referred to in sub-
section (f)(2)(A), (B), (C), and (D).
‘‘(c) PAYMENTS.—
‘‘(1) IN GENERAL.—As part of a fishing capac-
ity reduction program under this section, and sub-
ject to paragraph (2), the Secretary shall make pay-
ments under subsection (b)(2).
‘‘(2) ESTABLISHMENT
OF
FEE
REQUIRED.—
The Secretary may not make any payment under
paragraph (1) for a fishery unless there is in effect
for the fishery a fee under subsection (d).
‘‘(3) LIMITATION ON TOTAL AMOUNT OF PAY-
MENTS FOR FISHERY.—The total amount of pay-
ments under paragraph (1) for a fishery may not ex-
ceed the total amount the Secretary projects will be
deposited into the Fund from fees that apply to the
fishery under subsection (d).
‘‘(d) FEES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, the Secretary, with the concurrence
of a majority of the voting members of a Council
having authority over a fishery for which a fishing
capacity reduction program is conducted under this
section, may establish an annual fee on holders of
Federal fishing permits authorizing participation in
the fishery.
‘‘(2) AMOUNT OF FEE.—The amount of a fee
established under this subsection for a fishery de-
scribed in paragraph (1)—
‘‘(A) shall be adequate to ensure that the
total amount collected in the form of the fee
will not be less than the amount the Secretary
determines is necessary for payments under
subsection (b)(2) to reduce fishing capacity in
the fishery to a level that will ensure the long-
term health of the fishery;
‘‘(B) shall be based on—
‘‘(i) the value of the fishery;
‘‘(ii) the projected number of partici-
pants in the fishery;
‘‘(iii) the projected catch in the fish-
ery; and
‘‘(iv) the direct costs of implementing
a fishing capacity reduction program under
this section for the fishery; and
‘‘(C) may not exceed, for any permit hold-
er, 5 percent of the value of fish harvested
under the permit each year.
‘‘(3) EFFECTIVE
PERIOD.—A fee under this
subsection may not be in effect for more than 15
years.
‘‘(4) USE OF AMOUNTS RECEIVED.—Amounts
received by the United States as fees under this sub-
section—
‘‘(A) shall be deposited into the Fund; and
‘‘(B) may not be used to pay any adminis-
trative overhead or other costs not directly in-
curred in implementing this section with respect
to the fishery.
‘‘(e) ADVISORY PANELS.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish for each fishery for which a fishing capacity re-
duction program is conducted under this section an
advisory panel to advise the Secretary regarding that
program.
‘‘(2) 
MEMBERSHIP.—Each 
advisory 
panel
under this subsection shall consist of individuals ap-
pointed by the Secretary and shall include represent-
atives of—
‘‘(A) the Department of Commerce,
‘‘(B) Councils having authority over fish-
eries for which the panel is established,
‘‘(C) appropriate sectors of the fishing in-
dustry affected by fishing capacity reduction
programs under this sections, and
‘‘(D) appropriate States affected by such
programs.
‘‘(f) FISHERIES CONSERVATION AND RESTORATION
FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a separate ac-
count which shall be known as the Fisheries Con-
servation and Restoration Fund (in this section re-
ferred to as the ‘Fund’).
‘‘(2) DEPOSITS INTO THE FUND.—There shall
be deposited into the Fund—
‘‘(A) amounts appropriated under clause
(iv) of section 2(b)(1)(A) of the Act of August
11, 1939 (15 U.S.C. 713c–3(b)(1)(A)), popu-
larly known as the Saltonstall-Kennedy Act;
‘‘(B) amounts paid to the United States
Government as fees established under sub-
section (d);
‘‘(C) any other amounts appropriated for
fisheries disaster that the Secretary determines
should be used for fishing capacity reduction
programs under this section; and
‘‘(D) any other amounts appropriated for
making payments under subsection (b)(2).
‘‘(3) AVAILABILITY.—
‘‘(A) IN GENERAL.—Amounts in the Fund
shall be available to the Secretary without fiscal
year limitation for making payments under sub-
section (b)(2).
‘‘(B) MANAGEMENT OF UNNEEDED BAL-
ANCE.—Amounts in the Fund that are not cur-
rently needed for the purposes of this section
shall be invested in obligations of, or guaran-
teed by, the United States.
‘‘(g) EXPIRATION OF ACQUIRED PERMITS.—Permits
acquired by the Secretary under subsection (b)(2)(B)—
‘‘(1) shall not be effective after the date of that
acquisition; and
‘‘(2) may not be reissued or replaced.’’.
(b) USE
OF
AMOUNTS
TRANSFERRED
UNDER
SALTONSTALL-KENNEDY ACT.—Section 2(b)(1) of the
Act of August 11, 1939 (15 U.S.C. 713c–3(b)(1)), popu-
larly known as the Saltonstall-Kennedy Act, is amended
in subparagraph (A) by striking ‘‘and’’ after the semicolon
at the end of clause (ii), by striking the period at the end
of clause (iii) and inserting ‘‘; and’’, and by adding at the
end the following new clause:
‘‘(iv) to fund fishing capacity reduction
programs under section 316 of the Magnuson
Fishery Conservation and Management Act, by
depositing a portion of amounts transferred
into the Fisheries Conservation and Restoration
Fund established by that section; and’’.
SEC. 18. CONSIDERATION OF ABILITY TO PAY PENALTIES.
Section 308(a) (16 U.S.C. 1858(a)) is amended—
(1) in the last sentence by striking ‘‘ability to
pay,’’; and
(2) by adding at the end the following new sen-
tence: ‘‘In assessing such penalty, the Secretary may
also consider facts relating to the ability of the viola-
tor to pay that are established by the violator in a
timely manner.’’.
SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Title IV (90 Stat. 359–361) is
amended to read as follows:
‘‘TITLE IV—MISCELLANEOUS
PROVISIONS
‘‘Sec. 401. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Sec-
retary, for carrying out this Act, the following:
‘‘(1) $114,000,000 for fiscal year 1996.
‘‘(2) $118,000,000 for fiscal year 1997.
‘‘(3) $122,000,000 for fiscal year 1998.
‘‘(4) $126,000,000 for fiscal year 1999.
‘‘(5) $130,000,000 for fiscal year 2000.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in the first section of the Magnuson Fishery Conservation
and Management Act is amended by striking the items
relating to title IV (including the items relating to the sec-
tions in that title) and inserting the following:
‘‘TITLE IV—MISCELLANEOUS
PROVISIONS
‘‘Sec. 401. Authorization of appropriations.’’.
(c) AUTHORIZATION OF APPROPRIATIONS FOR NOAA
MARINE FISHERY PROGRAMS.—The National Oceanic
and Atmospheric Administration Marine Fisheries Pro-
gram Authorization Act (Public Law 98–210; 97 Stat.
1409) is amended—
(1) in section 2(a)—
(A) by striking ‘‘and’’ after ‘‘1992’’ and
inserting a comma; and
(B) by inserting before the period at the
end the following: ‘‘, $47,000,000 for fiscal year
1996, $48,645,000 for fiscal year 1997,
$50,347,575 for fiscal year 1998, $52,109,740
for fiscal year 1999, and $53,933,580 for fiscal
year 2000’’;
(2) in section 3(a)—
(A) by striking ‘‘and’’ after ‘‘1992’’ and
inserting a comma; and
(B) by inserting before the period at the
end the following: ‘‘, $27,400,000 for fiscal year
1996, $28,359,000 for fiscal year 1997,
$29,351,565 for fiscal year 1998, $30,378,869
for fiscal year 1999, and $31,442,129 for fiscal
year 2000’’;
(3) in section 4(a)—
(A) by striking ‘‘and’’ after ‘‘1992’’ and
inserting a comma; and
(B) by inserting before the period at the
end the following: ‘‘, $17,300,000 for fiscal year
1996, $17,905,500 for fiscal year 1997,
$18,532,192 for fiscal year 1998, $19,180,818
for fiscal year 1999, and $19,852,146 for fiscal
year 2000’’; and
(4) in section 2(e)—
(A) by striking ‘‘1992 and 1993’’ and in-
serting ‘‘1996 and 1997’’;
(B) by striking ‘‘establish’’ and inserting
‘‘operate’’;
(C) by striking ‘‘306’’ and inserting
‘‘307’’; and
(D) by striking ‘‘1991’’ and inserting
‘‘1992’’.
SEC. 20. TECHNICAL CORRECTIONS.
(a) CORRECTION.—Section 304 of the Act entitled
‘‘An Act to provide for the designation of the Flower Gar-
den Banks National Marine Sanctuary’’, approved March
9, 1992 (Public Law 102–251; 106 Stat. 65), is repealed.
(b) CONFORMING AMENDMENT.—Section 3(15) of
the Marine Mammal Protection Act of 1972 (16 U.S.C.
1362(15)) is amended to read as follows:
‘‘(15) The term ‘waters under the jurisdiction
of the United States’ means—
‘‘(A) the territorial sea of the United
States;
‘‘(B) the waters included within a zone,
contiguous to the territorial sea of the United
States, of which the inner boundary is a line co-
terminous with the seaward boundary of each
coastal State, and the outer boundary is a line
drawn in such a manner that each point on it
is 200 nautical miles from the baseline from
which the territorial sea is measured; and
‘‘(C) the areas referred to as eastern spe-
cial areas in Article 3(1) of the Agreement be-
tween the United States of America and the
Union of Soviet Socialist Republics on the Mar-
itime Boundary, signed June 1, 1990; in par-
ticular, those areas east of the maritime bound-
ary, as defined in that Agreement, that lie with-
in 200 nautical miles of the baselines from
which the breadth of the territorial sea of Rus-
sia is measured but beyond 200 nautical miles
of the baselines from which the breadth of the
territorial sea of the United States is measured,
except that this subparagraph shall not apply
before the date on which the Agreement be-
tween the United States and the Union of So-
viet Socialist Republics on the Maritime Bound-
ary, signed June 1, 1990, enters into force for
the United States.’’.
SEC. 21. CLERICAL AMENDMENTS.
The Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.) is amended by striking
‘‘Committee on Merchant Marine and Fisheries’’ each
place it appears and inserting ‘‘Committee on Resources’’.
SEC. 22. PROVISIONS RELATING TO GULF OF MEXICO.
(a) FISHERY ASSESSMENTS.—Section 304(e) (16
U.S.C. 1854(e)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(5) The Secretary shall develop and implement a
systematic program for the assessment and annual report-
ing to the public of the status of fisheries in the Gulf of
Mexico subject to management under this Act. Such pro-
gram shall—
‘‘(A) provide for the use of peer-review panels
consisting of independent and external experts;
‘‘(B) not exclude peer-reviewers merely because
they represent entities that may have an interest or
potential interest in the outcome, if that interest is
fully disclosed to the Secretary;
‘‘(C) provide opportunity to become part of a
peer-review panel at a minimum by soliciting nomi-
nations through the Federal Register; and
‘‘(D) ensure that all comment and opinions of
such peer-review panels are made available to the
public.’’.
(b) FISHERY MONITORING.—Section 304 (16 U.S.C.
1854) is further amended by adding at the end the follow-
ing new subsection:
‘‘(m) FISHERY MONITORING.—(1) The Secretary
shall develop a plan for the Gulf of Mexico region to col-
lect, assess, and report statistics concerning the fisheries
in each such region.
‘‘(2) The plan under this subsection shall—
‘‘(A) provide fishery managers and the public
with timely and accurate information concerning
harvests and fishing effort;
‘‘(B) minimize paperwork and regulatory bur-
dens on fishermen and fish buyers;
‘‘(C) minimize costs to Federal and State agen-
cies;
‘‘(D) avoid duplication and inconsistencies in
the collection, assessment, and reporting of fishery
statistics; and
‘‘(E) ensure the confidentiality of information.
‘‘(3) The Secretary shall ensure that fishermen, fish
buyers, and other individuals potentially impacted by the
plan required under this subsection are actively involved
in all stages of the development of such plan and that ap-
propriate fishery management agencies are consulted.
‘‘(4) No later than 9 months after the date of enact-
ment of the Fishery Conservation and Management
Amendments of 1995, the Secretary shall publish notice
of a proposed plan required under this subsection and pro-
vide the public with a reasonable opportunity to comment
on such proposed plan. The Secretary shall consider such
comments before submitting the plan under paragraph
(5).
‘‘(5) No later than one year after the date of enact-
ment of the Fishery Conservation and Management
Amendments of 1995, the Secretary shall submit a final
plan under this subsection to the Committee on Resources
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.’’.
(c) RESOURCE
ASSESSMENT.—Section 304 (16
U.S.C. 1854) is further amended by adding at the end
the following new subsection:
‘‘(n) RESOURCE ASSESSMENTS.—(1) Notwithstand-
ing any other provision of this Act, the Secretary shall,
wherever practicable, subject to the availability of appro-
priations, and when the arrangement will yield statistically
reliable results, rely on the private sector to provide ves-
sels, equipment, and services necessary to survey the fish-
ery resources of the United States. The Secretary shall
determine whether this arrangement will yield statistically
reliable results.
‘‘(2) The Secretary, in consultation with the appro-
priate Council and the fishing industry—
‘‘(A) may structure competitive solicitations
under paragraph (1) so as to compensate a contrac-
tor for a fishery resources survey by allowing the
contractor to retain for sale fish harvested during
the survey voyage; and
‘‘(B) in the case of a survey during which the
quantity or quality of fish harvested is not expected
to be adequately compensatory, may structure those
solicitations so as to provide that compensation by
permitting the contractor to harvest on a subsequent
voyage and retain for sale a portion of the allowable
biological catch of the surveyed fishery that is re-
served for research purposes under section 303(b).
‘‘(3) The Secretary shall undertake efforts to expand
annual fishery resource assessments in all regions of the
Nation through the use of the authority provided in this
subsection.’’
(d) GULF OF MEXICO RED SNAPPER STOCK MAN-
AGEMENT STUDY.—
(1) IN GENERAL.—The Secretary of Commerce
shall have an independent analysis conducted that
will evaluate—
(A) the methods, data, and models used to
assess the status of Gulf of Mexico red snapper
stock assessments;
(B) the effectiveness of the fishery man-
agement plan in effect under the Magnuson
Fishery Conservation and Management Act that
applies to Gulf of Mexico red snapper, in terms
of the appropriateness of the management goal
and time frame given the available biological
data; and
(C) regulations in effect under that Act
that apply to Gulf of Mexico red snapper, in the
terms of the effectiveness of fairly controlling
fishing mortality.
(2) STUDY REQUIREMENTS.—The study shall—
(A) assess all alternatives that could pro-
vide a more balanced and practical approach to
managing the red snapper fishery in the Gulf of
Mexico;
(B) involve commercial and recreational
fishermen from the Gulf of Mexico in the collec-
tion of data and information and in the devel-
opment of an accurate assessment plan; and
(C) be completed and reported to the Con-
gress and the Gulf of Mexico Fishery Manage-
ment Council within 1 year after the date of the
enactment of this Act.
(3) USE OF REPORT.—It is expected for the re-
port on the study under this subsection to be used
as the foundation for any future management of red
snapper in the Gulf of Mexico by the Gulf of Mexico
Fishery Management Council or the National Ma-
rine Fisheries Service (or both). It is also expected
that the Council will suspend the implementation of
any individual fishing quota plan for red snapper in
the Gulf of Mexico until the study is completed and
until the Secretary of Commerce has completed
standards or guidelines.
(4) LIMITED IMMUNITY.—Individuals providing
credible information to receive the most accurate as-
sessments shall not be subject to any catch reporting
violations.
SEC. 23. STUDY OF CONTRIBUTION OF BYCATCH TO CHARI-
TABLE ORGANIZATIONS.
(a) STUDY.—The Secretary of Commerce shall con-
duct a study of the contribution of bycatch to charitable
organizations by commercial fishermen. The study shall
include determination of—
(1) the amount of bycatch that is contributed
each year to charitable organizations by commercial
fishermen;
(2) the economic benefits to commercial fisher-
men from those contributions; and
(3) the impact on fisheries of the availability of
those benefits.
(b) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Commerce
shall submit to the Congress a report containing deter-
minations made in the study under subsection (a).
(c) BYCATCH DEFINED.—In this section the term
‘‘bycatch’’ has the meaning given that term in section
3(34) of the Magnuson Fishery Conservation and Manage-
ment Act, as amended by section 4 of this Act.
SEC. 24. PROHIBITION.
No fish may be introduced into interstate commerce
of the United States unless the Secretary of Commerce
certifies that the country of origin of the fish has imple-
mented and is enforcing laws or regulations requiring fish
excluder devices on that country’s fishing industry in the
manner in which these laws are enforced in the United
States.
SEC. 25. SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.
(a) IN GENERAL.—Title IV, as amended by section
19, is further amended by adding at the end the following
new section:
‘‘SEC. 402. SENSE OF CONGRESS; NOTICE TO RECIPIENTS
OF ASSISTANCE.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary, to the greatest extent practicable, shall provide to
each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in the first section, as amended by section 19, is further
amended by adding at the end the following:
‘‘Sec. 402. Sense of Congress; notice to recipients of assistance.’’.
TITLE II—INSULAR AREAS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Pacific Insular Areas
Fisheries Empowerment Act of 1995’’.
SEC. 202. FINDINGS AND POLICY.
(a) FINDINGS.—Section 2(a) (16 U.S.C. 1801(a)) is
further amended by adding at the end the following:
‘‘(10) The Pacific Insular Areas of the United
States contain a unique historical, cultural, legal, po-
litical, and geographic circumstance, including the
importance of fisheries resources to their economic
growth.’’.
(b) POLICY.—Section 2(c) (16 U.S.C. 1801) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(5);
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(7) to assure that the fishery resources adja-
cent to Pacific Insular Areas, including those within
the exclusive economic zone of such areas and any
Continental Shelf fishery resources of such areas, be
explored, exploited, conserved, and managed for the
benefit of the people of each such areas.’’.
SEC. 203. DEFINITIONS.
Section 3 (16 U.S.C. 1802), as amended by section
4 of this Act, is further amended by redesignating para-
graphs (39) and (40) as paragraphs (40) and (41), respec-
tively, and by inserting after paragraph (38) the following
new paragraph:
‘‘(39) The term ‘Pacific Insular Area’ means
American Samoa, Guam, or the Northern Mariana
Islands.’’.
SEC. 204. FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS.
(a) AUTHORITY FOR FOREIGN FISHING UNDER A
PACIFIC INSULAR AREA AGREEMENT.—Section 201(a)(1)
(16 U.S.C. 1821(a)(1)), as amended by title I of this Act,
is further amended by inserting ‘‘or (e)’’ after ‘‘section
204(d)’’.
(b) AUTHORITY TO ENTER INTO A PACIFIC INSULAR
AREAS
AGREEMENT.—Section 202(c)(2) (16 U.S.C.
1822(c)(2)) is amended by inserting before the period at
the end the following: ‘‘or section 204(e)’’.
(c) PACIFIC INSULAR AREA AGREEMENTS.—Section
204 (26 U.S.C. 1824), as amended by section 5 of this
Act, is further amended by adding at the end the follow-
ing:
‘‘(e) PACIFIC INSULAR AREAS.—(1) After consulta-
tion with or at the request of the Governor of a Pacific
Insular Area, the Secretary of State, in concurrence with
the Secretary and the appropriate Council, may negotiate
and enter into a Pacific Insular Area Fishery Agreement
(in this subsection referred to as a ‘PIAFA’) to authorize
foreign fishing within the exclusive economic zone adjacent
to such Pacific Insular Area or for Continental Shelf fish-
ery resources beyond such zone.
‘‘(2)(A) Fees pursuant to a PIAFA shall be paid to
the Secretary by the owner or operator of any foreign fish-
ing vessel for which a permit has been issued pursuant
to this section.