ance with a fishery management plan for the fish-
ery.’’.
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 PER-
MITS.—Section 204 (16 U.S.C. 1824) is amended 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 ves-
sel of the United States to engage in fishing consisting
solely of transporting fish products at sea from a
point within the boundaries of any State or the exclu-
sive 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 Secretary
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 is-
sued 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 appli-
cation 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 appli-
cation submitted under paragraph (1), the Secretary
shall promptly inform the applicant and specify the
reasons therefor.
‘‘(6) CONDITIONS AND RESTRICTIONS.—The Sec-
retary shall establish and include in each permit
under this subsection conditions and restrictions
which shall be complied with by the owner and opera-
tor 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 al-
location 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 mackerel
or Atlantic herring by one or more foreign fishing
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 Atlantic
mackerel and the New England Fishery Management
Council with respect to Atlantic herring.’’.
(c) PERIOD FOR CONGRESSIONAL REVIEW OF GOVERN-
ING INTERNATIONAL FISHERY AGREEMENTS.—Section 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 subsection
(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 Representa-
tives a list of those nations whose nationals or vessels con-
duct, and of those nations that authorize their nationals
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 inter-
national agreement governing large-scale drift net fishing
to which the United States is a party or otherwise sub-
scribes.’’.
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 para-
graph:
‘‘(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)(O).’’.
(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 lowest
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 follow-
ing:
‘‘(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 RE-
GARDING ESSENTIAL AND OTHER FISHERY HABITAT.—
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 strik-
ing the period at the end of subparagraph (B) and in-
serting ‘‘; 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 essential fishery
habitat of a fishery under the authority of the Coun-
cil.’’; and
(3) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Within 15 days after receiving a comment or rec-
ommendation under paragraph (1) from a Council regard-
ing the effects of an activity on essential fishery habitat,
a Federal agency shall provide to the Council a detailed
response in writing. The response shall include a descrip-
tion of measures being considered by the agency for avoid-
ing, 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 agen-
cy shall explain its reasons for not following the rec-
ommendations.’’.
(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 description
of matters discussed and conclusions reached, and
copies of all reports received, issued, or approved by
the Council. The Chairman shall certify the accuracy
of the minutes of each meeting and submit a copy
thereof to the Secretary. The minutes shall be made
available to any court of competent jurisdiction.’’;
and
(5) by adding at the end the following:
‘‘(G) A Council member may add an item to the
agenda of a meeting of a Council or of a committee
or advisory panel of a Council by presenting to the
Chairman of the Council, committee, or panel, at
least 21 days before the date of the meeting, a written
description of the item signed by 2 or more voting
members of the Council.’’.
(i) DISCLOSURE
OF
FINANCIAL
INTEREST
AND
RECUSAL.—Section 302(k) (16 U.S.C. 1852(k)) is amend-
ed—
(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 pe-
riod 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 enactment
of the Fishery Conservation and Management Amendments
of 1995, shall establish rules which prohibit an affected in-
dividual 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 provisions which take into
account the differences in fisheries.
‘‘(9) A voting member of a Council shall recuse himself
or herself from voting if—
‘‘(A) voting by the member would violate the
rules established under paragraph (8); or
tial fishery habitat. In the case of a response that is incon-
sistent with the recommendation of the Secretary, the agen-
cy shall explain its reasons for not following the rec-
ommendations.
‘‘(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 Secretary
under paragraph (2). The Secretary shall coordinate with
and provide information to other Federal agencies to fur-
ther the conservation and enhancement of essential fishery
habitat identified by the Secretary under paragraph (2).
‘‘(6) Nothing in this subsection shall have the effect of
amending or repealing any other law or regulation or modi-
fying any other responsibility of a Federal agency with re-
spect 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 occurred in any fishery, the
Secretary shall immediately notify the appropriate Council
and request that action be taken to end overfishing in the
fishery and to establish a rebuilding program for the fish-
ery. The Secretary shall publish each notice under this
paragraph in the Federal Register.