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fishery data collectors, including sea samplers, while
aboard any vessel for conservation and management pur-
poses if the presence of such a fishery data collector
aboard is not required by any of such Acts or regulations
thereunder.’’.
PRE-RULEMAKING PROCEDURES
SEC. 9. Section 304 of the Act ‘‘ACTION BY THE
SECRETARY’’ (16 U.S.C. 1854) is amended in its entirety
to read as follows:
‘‘SEC. 304. PRE-RULEMAKING PROCEDURES.
‘‘(a) DATA COLLECTION PROGRAMS.—
‘‘(1) If a Council determines that additional in-
formation and data (other than information and
data that would disclose proprietary or confidential
commercial or financial information regarding fish-
ing operations or fish processing operations) would
be beneficial for the purposes of determining wheth-
er a fishery is in need of management, the Council
may request that the Secretary implement a data
collection program for the fishery which would pro-
vide the types of information and data (other than
information and data that would disclose proprietary
or confidential commercial or financial information
regarding fishing operations or fish processing oper-
ations) specified by the Council. The Secretary shall
approve such a data collection program if he deter-
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mines that the need is justified, and shall promul-
gate regulations to implement the program within
60 days after such determination is made. If the
Secretary determines that the need for a data collec-
tion program is not justified, the Secretary shall in-
form the Council of the reasons for such determina-
tion in writing. The determinations of the Secretary
under this subsection regarding a Council request
shall be made within a reasonable period of time
after he receives that request.
‘‘(2) The Secretary shall establish by regulation
a nation-wide mandatory data collection program to
provide basic fisheries performance data. The pro-
gram shall—
‘‘(A) integrate data collection programs
under existing fishery management plans into a
non-duplicative data collection and management
system;
‘‘(B) include all species of fish within the
geographical areas of authority of the Councils;
and
‘‘(C) coordinate with other data collection
programs conducted by the Secretary, other
Federal agencies, or by the States, to ensure
completeness and to avoid duplication.
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‘‘(b) FISHERIES RESEARCH.—
‘‘(1) The Secretary shall initiate and maintain,
in cooperation with the Councils, a comprehensive
program of fishery research to carry out and further
the purposes policy, and provisions of this Act. Such
program shall be designed to acquire knowledge and
information, including statistics, on fishery conserva-
tion and management and on the economics of the
fisheries.
‘‘(2) Within 1 year after the date of enactment
of the Fishery Conservation Amendments of 1990,
and at least every three years thereafter, the Sec-
retary shall develop publish in the Federal Register
a strategic plan for fisheries research for the 5 years
immediately following such publication. The plan
shall—
‘‘(A) identify and describe a comprehensive
program with a limited number of priority ob-
jectives for research in each of the areas speci-
fied in paragraph (2);
‘‘(B) indicate the goals and timetables for
the program described in subparagraph (A);
and
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‘‘(C) provide a role for affected commercial
fishermen in such research, including involve-
ment in field testing.
‘‘(3) The areas of research referred to in para-
graph (a) are as follows:
‘‘(A) Research to support fishery conserva-
tion and management, including research on
the economics of fisheries and biological re-
search concerning the interdependence of fish-
eries or stocks or fish, the impact of pollution
on fish populations, the impact of wetland and
estuarine degradation, and other matters bear-
ing upon the abundance and availability of fish.
‘‘(B) Conservation engineering research,
including the study of fish behavior and the de-
velopment and testing of new gear technology
and fishing techniques to minimize the harvest
of nontarget species and promote efficient har-
vest of target species.
‘‘(C) Information management research,
including the development of a fishery informa-
tion base and an information management sys-
tem that will permit the full use of data in the
support of effective fishery conservation and
management.
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‘‘(4) In developing the plan required under
paragraph (1), the Secretary shall consult with rel-
evant federal agencies, scientific and technical ex-
perts, and other interested persons, public and pri-
vate, and shall publish a proposed plan in the Fed-
eral Register for the purpose of receiving public
comment on the plan. The Secretary shall ensure
that affected commercial fishermen are actively in-
volved in the development of the portion of the plan
pertaining to conservation engineering research.
Upon final publication in the Federal Register, the
plan shall be submitted by the Secretary to the Com-
mittee on Commerce, Science, and Transportation of
the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives.
‘‘(c) INCIDENTAL HARVEST RESEARCH.—
‘‘(1) Within 9 months after the date of enact-
ment of the Fishery Conservation Amendments of
1990, the Secretary shall, after consultation with the
Gulf of Mexico Fishery Management Council and
South Atlantic Fishery Management Council, estab-
lish by regulation a 3-year program to assess the im-
pact on fishery resources of incidental harvest by the
shrimp trawl fishery within the authority of such
Councils.
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‘‘(2) The program established pursuant to para-
graph (1) shall provide for the identification of
stocks of fish which are subject to significant inci-
dental harvest in the course of normal shrimp trawl
fishing activity.
‘‘(3) For stocks of fish identified pursuant to
paragraph (2), with priority given to stocks which
(based upon the best available scientific information)
are considered to be overfished, the Secretary shall
conduct—
‘‘(A) a program to collect and evaluate
data on the nature and extent (including the
spatial and temporal distribution) of incidental
mortality of such stocks as a direct result of
shrimp trawl fishing activities;
‘‘(B) an assessment of the status and con-
dition of such stocks, including collection of in-
formation which would allow the estimation of
life history parameters with sufficient accuracy
and precision to support sound scientific evalua-
tion of the effects of various management alter-
natives on the status of such stocks; and
‘‘(C) a program of data collection and eval-
uation for such stocks on the magnitude and
distribution of fishing mortality and fishing ef-
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fort by sources of fishing mortality other than
shrimp trawl fishing activity.
‘‘(4) The Secretary shall, in cooperation with
affected interests, commence a program to design,
and evaluate the efficacy of, technological devices
and other changes in fishing technology for the re-
duction of incidental mortality of nontarget fishery
resources in the course of shrimp trawl fishing activ-
ity. Such program shall take into account local con-
ditions and include evaluation of any reduction in in-
cidental mortality, as well as any reduction or in-
crease in the retention of shrimp in the course of
normal fishing activity.
‘‘(5) The Secretary shall, upon completion of
the programs required by this subsection, submit a
detailed report on the results of such programs to
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Mer-
chant Marine and Fisheries of the House of Rep-
resentative.
‘‘(d) ACTION BY THE SECRETARY AFTER RECEIPT
OF PLAN.—After the Secretary receives a fishery manage-
ment plan, or amendment to such plan, which was pre-
pared by a Council, the Secretary shall—
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‘‘(1) immediately commence a review of the
management plan or amendment to determine
whether it is consistent with the national standards,
the other provisions of this Act, and any other appli-
cable law; and
‘‘(2) immediately publish in the Federal Reg-
ister a notice stating that the plan or amendment is
available and that written data, views, or comments
of interested persons on the document or amend-
ment may be submitted to the Secretary during the
45-day period beginning on the date the notice is
published.
‘‘(e) REVIEW BY THE SECRETARY.—
‘‘(1) In undertaking the review required under
paragraph (d)(1), the Secretary shall—
‘‘(A) take into account the data, views, and
comments received from interested persons;
‘‘(B) consult with the Secretary of State
with respect to foreign fishing;
‘‘(C) consult with the Secretary of the de-
partment in which the Coast Guard is operating
with respect to enforcement at sea and to fish-
ery access adjustments referred to in section
303(c)(3); and
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‘‘(D) consult with the Secretary of the In-
terior with respect to plans that affect anad-
romous fisheries.
‘‘(2) The Secretary shall approve, disapprove,
or partially disapprove a plan or amendment within
30 days of the end of the comment period under
subsection (d)(2) by written notice to the Council. A
notice of disapproval or partial disapproval shall
specify—
‘‘(A) the applicable law with which the
plan or amendment is inconsistent;
‘‘(B) the nature of such inconsistency(ies);
and
‘‘(C) recommendations concerning the ac-
tions that could be taken by the Council to con-
form such plan or amendment to the require-
ments of applicable law.
‘‘(3)(A) If the Secretary disapproves or par-
tially disapproves a plan or amendment, the Council
may submit a revised plan or amendment to the Sec-
retary.
‘‘(B) After the Secretary receives a revised plan
or amendment the Secretary shall follow the proce-
dures specified in subsections (d) and (e).
‘‘(f) PREPARATION BY THE SECRETARY.—
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‘‘(1) The Secretary may prepare a fishery man-
agement plan, with respect to any fishery, or any
amendment to any such plan, in accordance with the
national standards, the other provisions of this Act,
and any other applicable law, if—
‘‘(A) the appropriate Council fails to de-
velop and submit to the Secretary, after a rea-
sonable period of time, a fishery management
plan for such fishery, or any necessary amend-
ment to such plan, if such fishery requires con-
servation and management; or
‘‘(B) the Secretary disapproves or partially
disapproves any such plan or amendment, or
disapproves a revised plan or amendment, and
the Council involved fails to submit a revised or
further revised plan or amendment, as the case
may be.
In preparing any such plan or amendment, the Sec-
retary shall consult with the Secretary of State with
respect to foreign fishing and with the Secretary of
the department in which the Coast Guard is operat-
ing with respect to enforcement at sea.
‘‘(2) The Secretary shall prepare a fishery man-
agement plan amendment or proposed regulations if
the appropriate Council fails to submit an amend-
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ment or proposed regulations to the Secretary,
under section 302(h)(2), within 1 year after deter-
mining that any managed stock is overfished.
‘‘(3)(A) Whenever, under paragraph (1), the
Secretary prepares a fishery management plan or
amendment, the Secretary shall immediately—
‘‘(i) submit such plan or amendment to the
appropriate Council for consideration and com-
ment; and
‘‘(ii) publish in the Federal Register a no-
tice stating that the plan or amendment is
available and that written data, views, or com-
ments of interested persons on the plan or
amendment may be submitted to the Secretary
during the 45-day period beginning on the date
the notice is published.
‘‘(B) The appropriate Council must submit its
comments and recommendations, if any, regarding
the plan or amendment to the Secretary before the
close of the 45-day period referred to in subpara-
graph (A)(ii). After the close of such 45-day period,
the Secretary, after taking into account any such
comments and recommendations, as well as any
views, data, or comments submitted under subpara-
graph (A)(ii), may adopt such plan or amendment.
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‘‘(g) FISHERIES UNDER AUTHORITY OF MORE THAN
ONE COUNCIL.—
‘‘(1) Except as provided in paragraph (3), if
any fishery extends beyond the geographical area of
authority of any one Council, the Secretary may—
‘‘(A) designate which Council shall prepare
the fishery management plan for such fishery
and any amendment to such plan, and prepare
proposed regulations for such fishery; and
‘‘(B) may require that the plan, amend-
ment, and proposed regulations be prepared
jointly by the Councils concerned.
No jointly prepared fishery management plan,
amendment, or proposed regulations may be submit-
ted to the Secretary, unless approved by a majority
of the voting members, present and voting, of each
Council concerned.
‘‘(2) The Secretary shall establish the bound-
aries between the geographical areas of authority of
adjacent Councils.
‘‘(3)(A) The Secretary shall have authority over
any highly migratory species fishery that is within
the geographical area of authority of more than one
of the following Councils: New England Council,
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‘‘(i) conduct public hearings, at appro-
priate times and in appropriate locations in the
geographical areas concerned, so as to allow in-
terested persons an opportunity to be heard in
the preparation and amendment of the plan and
regulations;
‘‘(ii) consult with and consider the com-
ments and views of commissioners and advisory
groups appointed under Acts implementing rel-
evant international fishery agreements pertain-
ing to highly migratory species;
‘‘(iii) consult with and consider the com-
ments and views of affected Councils;
‘‘(iv) evaluate the likely effects, if any, of
conservation and management measures on par-
ticipants in the affected fisheries and minimize,
to the extent practicable, any disadvantage to
United States fishermen in relation to foreign
competitors; and
‘‘(v) review, on a continuing basis (and
promptly whenever a recommendation pertain-
ing to fishing for highly migratory species has
been made under a relevant international fish-
ery agreement), and revise as appropriate, the
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conservation and management measures for the
fishery.
‘‘(D) Conservation and management measures
adopted under this paragraph shall—
‘‘(i) take into consideration traditional
fishing patterns of fishing vessels of the United
States and the operating requirements of the
fisheries;
‘‘(ii) be fair and equitable in allocating
fishing privileges among United States fisher-
men and not have economic allocation as the
sole purpose; and
‘‘(iii) promote international conservation.
‘‘(E) In implementing the provisions of this
paragraph, the Secretary shall consult with—
‘‘(i) the Secretary of State;
‘‘(ii) commissioners and advisory groups
appointed under Acts implementing relevant
international fishery agreements pertaining to
highly migratory species; and
‘‘(iii) appropriate Councils.
‘‘(h) REPORT ON STATUS OF STOCKS.—The Sec-
retary shall report annually to the Councils the status of
stocks under their jurisdiction and identify those stocks
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that are approaching a condition of being overfished or
are overfished.’’.
RULEMAKING
SEC. 10. Section 305 of the Act ‘‘IMPLEMENTA-
TION OF FISHERY MANAGEMENT PLANS’’ (16 U.S.C.
1854) is amended in its entirety to read as follows:
‘‘SEC. 305. RULEMAKING.
‘‘(a) PROPOSED REGULATIONS.—
‘‘(1) The Council may submit proposed regula-
tions consistent with an approved plan or amend-
ment, following public hearings as specified in sec-
tion 302(h), for action by the Secretary under this
section.
‘‘(A) Such regulations shall be accom-
panied by a fishery impact statement which
shall assess, specify, and describe the likely ef-
fects, if any, of the regulations on—
‘‘(i) participants in the fisheries af-
fected by the regulations; and
‘‘(ii) participants in the fisheries con-
ducted in adjacent areas under the author-
ity of another Council, after consultation
with such Council and representatives of
those participants.
‘‘(B) After the Secretary receives proposed
regulations prepared by a Council, the Sec-
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retary shall immediately make a preliminary
evaluation of the proposed regulations for pur-
poses of deciding if they are consistent with the
fishery management plan and the national
standards.
‘‘(C) If that decision is affirmative, the
Secretary shall immediately publish such regu-
lations, with such changes as may be necessary
for clarity or enforceability, in the Federal Reg-
ister, together with an explanation of those
changes.
‘‘(D) If that decision is negative, the Sec-
retary shall notify the Council in writing of the
inconsistencies.
‘‘(2) The Secretary may promulgate proposed
regulations consistent with any plan or amendment
prepared by the Secretary.
‘‘(3) The comment period on proposed regula-
tions shall be 45 days, except that the Secretary
may shorten the comment period on minor revisions
to existing rules.
‘‘(b) IMPLEMENTATION.—The Secretary shall pro-
mulgate final regulations within 45 days after the end of
the comment period under subsection (a)(3). The Sec-
retary must publish an explanation of any substantive dif-
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ferences between the proposed and final rules. All final
regulations must be consistent with the plan, with the na-
tional standards and other provisions of this Act, and with
other applicable law.
‘‘(c) EMERGENCY ACTIONS.—
‘‘(1) If the Secretary finds that an emergency
exists involving any fishery, he may promulgate
emergency regulations necessary to address the
emergency, without regard to whether a fishery
management plan exists for such fishery.
‘‘(2) If a Council finds that an emergency exists
involving any fishery within its jurisdiction, whether
or not a fishery management plan exists for such
fishery—
‘‘(A) the Secretary shall promulgate emer-
gency regulations under paragraph (1) to ad-
dress the emergency if the Council, by unani-
mous vote of the members who are voting mem-
bers, requests the taking of such actions; and
‘‘(B) The Secretary may promulgate emer-
gency regulations under paragraph (1) to ad-
dress the emergency if the Council, by less than
a unanimous vote, requests the taking of such
action.
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‘‘(3) Any emergency regulation which is incon-
sistent with an existing fishery management plan
shall be treated as an amendment to such document
for the period in which such regulation is in effect.
Any emergency regulation promulgated under this
subsection—
‘‘(A) shall be published in the Federal
Register together with the reasons therefor;
‘‘(B) shall remain in effect for not more
than 90 days after the date of publication, ex-
cept that any such regulation may be promul-
gated for an additional period of not more than
270 days: Provided, That the public has had an
opportunity to comment on the emergency regu-
lation, and, in the case of a Council rec-
ommendation for emergency regulations, the
Council is actively preparing a fishery manage-
ment plan, amendment, or proposed regulations
to address the emergency on a permanent basis;
‘‘(C) that responds to a public health
emergency may remain in effect until the cir-
cumstances that created the emergency no
longer exist, provided the public has an oppor-
tunity to comment after the regulation is pub-
lished; and
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‘‘(D) may be terminated by the Secretary
at an earlier date by publication in the Federal
Register of a notice of termination, except for
emergency regulations promulgated under para-
graph (2) in which case such early termination
may be made only upon the agreement of the
Secretary and the Council concerned.
‘‘(d) ESTABLISHMENT OF FEES.—
‘‘(1) The Secretary may establish fees for any
permit issued pursuant to this Act. The level of any
such fees shall be fair and equitable to all partici-
pants in the fisheries, and meet the requirements of
section 9701(b) of title 31, United States Code. The
Secretary may enter into a cooperative agreement
with the States concerned, under which the States
administer the permit system; the agreement may
provide that all or part of the fees collected under
this system shall accrue to the States.
‘‘(2) The Secretary may establish fees by regu-
lation to pay the costs of implementing conservation
and management measures authorized by this Act,
when it is determined by the Secretary that partici-
pants in the fishery will receive direct and substan-
tial benefits from such measures. The level of any
such fees shall be fair and equitable to all partici-
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pants in the fisheries, and meet the requirements of
section 9701(b) of title 31, United States Code.
‘‘(3) The Secretary shall establish fees on the
value of fish authorized to be taken under individual
harvest shares assigned to persons or vessels pursu-
ant to a limited access system. Fees assessed under
this paragraph shall not exceed 3 percent annually
of the value of fish authorized to be taken under in-
dividual harvest shares. The Secretary shall, by reg-
ulation, prescribe the method of determining the
value of fish authorized to be taken by such shares,
the amount of each respective fee on an annual
basis, and the method of collecting such fees.
‘‘(4) The Secretary shall establish fees on the
ex-vessel value of all fish upon the first sale within
the jurisdiction of the United States. Fees under
this paragraph shall not exceed one percent of the
value of such fish. The Secretary shall, by regula-
tion, prescribe the method of determining the value
of such fish and the method of collecting such fees.
‘‘(e) FEES CONTINGENT ON APPROPRIATIONS.—The
fees authorized in subsection (d) shall be collected, cred-
ited to the Operations, Research, and Facilities appropria-
tion, and available until expended for the purposes speci-
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fied in subsection (f), only to the extent and in the
amounts provided in advance in appropriations Acts.
‘‘(f) USE OF FEES.—Fees authorized in subsection
(d) may be expended for the following purposes—
‘‘(1) collecting, processing, and analyzing eco-
nomic, social, biological, and statistical information
concerning marine recreational and commercial fish-
ing and supporting activities;
‘‘(2) placing observers on domestic fishing ves-
sels;
‘‘(3) conducting scientific research and publish-
ing information concerning abundance, distribution,
and ecology of marine fish;
‘‘(4) conserving and managing stocks of marine
fish, including, but not limited to, developing, mon-
itoring, and implementing fishery management plans
and regulations;
‘‘(5) improving enforcement of marine conserva-
tion programs;
‘‘(6) educating resource users and the general
public on aspects of marine conservation programs;
‘‘(7) carrying out the other provisions of this
Act; and
‘‘(8) reducing harvesting capacity, including the
removal from a fishery of fishing vessels and permits
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issued by the United States Government for fishing
privileges if the Secretary finds that—
‘‘(A) the fishery, for which a fishery man-
agement plan is prepared, is determined to be
overfished as defined within that plan;
‘‘(B) the fishery is materially affected by a
fishery management plan’s stock recovery re-
quirements;
‘‘(C) the fishery is economically depressed;
and
‘‘(D) the fishery is managed pursuant to a
limited access program under section 303(c)(9)
of the Act.
‘‘(g) RESPONSIBILITY
OF
THE SECRETARY.—The
Secretary shall have general responsibility to carry out the
provisions of this Act. The Secretary may promulgate such
regulations, in accordance with section 553 of title 5,
United States Code, as may be necessary to discharge
such responsibility.
‘‘(h) EFFECT OF CERTAIN LAWS ON CERTAIN TIME
REQUIREMENTS.—The Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), and Executive Order Numbered
12866, dated September 30, 1993, shall be complied with
within the time limitations specified in subsection (b) as
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they apply to the functions of the Secretary under such
provisions.
‘‘(i) JUDICIAL REVIEW.—
‘‘(1) Regulations promulgated by the Secretary
under this Act and actions described in paragraph
(2) shall be subject to judicial review to the extent
authorized by, and in accordance with, chapter 7 of
title 5, United States Code, if a complaint for such
review is filed within 30 days after the date on
which the regulations are promulgated or the action
is published in the Federal Register, as applicable;
except that—
‘‘(A) section 705 of such title is not appli-
cable, and
‘‘(B) the appropriate court shall only set
aside any such regulation or action on a ground
specified in section 706(2) (A), (B), (C), or (D)
of such title.
‘‘(2) The actions referred to in paragraph (1)
are actions that are taken by the Secretary under
regulations which implement a fishery management
plan, including but not limited to actions that estab-
lish the date of closure of a fishery to commercial or
recreational fishing.
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‘‘(3)(A) Notwithstanding any other provision of
law, the Secretary shall file a response to any com-
plaint filed in accordance with paragraph (1), not
later than 45 days after the date the Secretary is
served with that complaint, except that the appro-
priate court may extend the period for filing such a
response upon a showing by the Secretary of good
cause for that extension.
‘‘(B) A response of the Secretary under this
paragraph shall include a copy of the administrative
record for the regulations that are the subject of the
petition.
‘‘(4) Upon a motion by the person who files a
complaint under this subsection, the appropriate
court shall assign the matter for hearing at the ear-
liest possible date and shall expedite the matter in
every possible way.’’.
STATE JURISDICTION
SEC. 11. Section 306(c)(1) of the Act (16 U.S.C.
1856(c)(1)) is amended by—
(1) deleting the word ‘‘and’’ from subparagraph
1(A);
(2) deleting the period from the end of subpara-
graph (B) and replacing it with ‘‘; and’’; and
(3) by inserting immediately after subpara-
graph (B) of the following new subparagraph:
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‘‘(C) the owner or operator of the vessel
submits reports on the tonnage of fish received
from U.S. vessels and the locations from which
such fish were harvested, in accordance with
such procedures as the Secretary by regulation
shall prescribe.’’.
PROHIBITED ACTS
SEC. 12. (a) Section 307(1)(L) of the Act (16 U.S.C.
1857(1)(L)) is amended to read as follows:
‘‘(L) to forcibly assault, resist, oppose, im-
pede, intimidate, or interfere with any observer
on a vessel under this Act, or any data collector
employed by or under contract to the National
Marine Fisheries Service;’’.
(b) Section 307(1)(M) of the Act (16 U.S.C.
1857(1)(M)) is amended by deleting ‘‘; or’’ after the word
‘‘nation’’ and inserting the following: ‘‘: Provided, That—
‘‘(i) a vessel used to engage in large-scale
driftnet fishing is deemed to be subject to the juris-
diction of the United States if it is used to engage
in such fishing shoreward of the outer boundary of
the exclusive economic zone of the United States, it
is a vessel of the United States, it is a stateless ves-
sel, or it is a foreign-flag vessel and the flag-state
authorizes the United States to exercise jurisdiction
over it, and
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‘‘(ii) it shall be a rebuttable presumption that
any vessel that is shoreward of the outer boundary
of the exclusive economic zone of the United States
or beyond the exclusive economic zone of any nation,
and that has onboard gear that is capable of use for
large-scale driftnet fishing, is engaged in such fish-
ing; or’’.
(c) Section 307(2)(A) of the Act (16 U.S.C.
1857(2)(A)) is amended to read as follows:
‘‘(A) in fishing within the boundaries of
any State, except—
‘‘(i) recreational fishing permitted
under section 201(i),
‘‘(ii) fish processing permitted under
section 306(c), or
‘‘(iii) transhipment at sea of fish
products within the boundaries of any
State in accordance with a permit ap-
proved under section 204(b)(6)(A)(ii);’’.
(d) Section 307(3) of the Act (16 U.S.C. 1857(3))
is amended to read:
‘‘(3) for any vessel of the United States, and
for the owner or operator of any vessel of the United
States, to transfer at sea directly or indirectly, or at-
tempt to so transfer at sea, any United States har-
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vested fish to any foreign fishing vessel, while such
foreign vessel is within the exclusive economic zone
or within the boundaries of any State except to the
extent that the foreign fishing vessel has been per-
mitted under section 204(b)(6)(B) or section 306(c)
to receive such fish;’’.
(e) Section 307(4) of the Act (16 U.S.C. § 1857(4))
is amended by adding after the word ‘‘zone’’ the following
phrase, ‘‘or within the boundaries of any State’’.
CIVIL PENALTIES AND PERMIT SANCTIONS
SEC. 13. (a) Section 308(b) of the Act (16 U.S.C.
1858(b)) is amended by deleting the first sentence and
substituting the following: ‘‘Any person against whom a
civil penalty is assessed under subsection (a), or against
whom a permit sanction is imposed under subsection (g)
(other than a permit suspension for nonpayment of pen-
alty or fine), may obtain review thereof in the United
States district court for the appropriate district by filing
a complaint against the Secretary in such court within 30
days from the date of such order.’’.
(b) Section 308(g)(1)(C) of the Act (16 U.S.C.
1858(g)(1)(C)) is amended to read as follows:
‘‘(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other property,
or any civil penalty or criminal fine imposed on
a vessel or owner or operator of a vessel or any
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other person who has been issued or has ap-
plied for a permit under any fishery resource
law statute enforced by the Secretary, has
not been paid and is overdue, the Secretary
may—’’.
ENFORCEMENT
SEC. 14. (a) Section 311(e)(1) of the Act (16 U.S.C.
1861(e)(1)) is amended by—
(1) substituting the word ‘‘marine’’ for the
word ‘‘fishery’’ in the chapeau, and in subpara-
graphs (A) and (B); and
(2) by amending subparagraph (E) to read as
follows:
‘‘(E) claims of parties in interest to prop-
erty disposed of under section 612(b) of the
Tariff Act of 1930 (19 U.S.C. 1612(b)), as
made applicable by section 310(c) of this Act or
by any other marine resource law enforced by
the Secretary, to seizures made by the Sec-
retary, in amounts determined by the Secretary
to be applicable to such claims at the time of
seizure; and’’.
(b) Section 311(e)(2) of the Act (16 U.S.C.
1861(e)(2)) is amended to read as follows:
‘‘(2) Any person found in an administrative or
judicial proceeding to have committed any violation
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of this Act or any other marine resource law en-
forced by the Secretary shall be liable for the cost
incurred in the sale, storage, care, and maintenance
of any fish or other property seized in connection
with the violation.’’.
OBSERVERS WAGES AS MARITIME LIENS
SEC. 15. The Act is amended by adding the following
new section:
‘‘SEC. 312. OBSERVERS’ WAGES
AS
SEAMEN’S
LIENS.—Claims for observers’ wages shall be considered
maritime liens against the vessel and be accorded the same
priority as seamen’s liens under admiralty and general
maritime law.’’.
CONFORMING AMENDMENTS
SEC. 16. (a) Section 2(b)(4) of the Act is amended
by replacing the words ‘‘fishery management plan’’ with
the words ‘‘conservation and management measures’’.
(b) Section 2(b)(5) of the Act is amended by replac-
ing, each time it appears, the word ‘‘plans’’ with the word
‘‘measures’’.
(c) Section 3(31) of the Act is amended by replacing
the words ‘‘for which a fishery management plan prepared
under title III or a preliminary fishery management plan
prepared under section 201(h) has been implemented’’
with the words ‘‘regulated under this Act’’.
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(d) Section 201(c) of the Act is amended by deleting
the phrase ‘‘, including any regulations promulgated to
implement any applicable fishery management plan or any
preliminary fishery management plan’’.
(e) Section 201 of the Act (16 U.S.C. 1821) is
amended by replacing ‘‘(g)’’ in subsection (a)(2) with
‘‘(f)’’ and by replacing ‘‘(i)’’ in subsection (c)(2)(D) with
‘‘(h)’’.
(f) Section 201(g) of the Act is amended by replacing
the words ‘‘no fishery management plan for that fishery
will be prepared and implemented’’ with the words ‘‘no
regulations for that fishery will be promulgated’’; by re-
placing the phrase ‘‘303(a)(5)’’ with the phrase
‘‘303(c)(2)’’; by replacing the phrase ‘‘303(b)(2), (3), (4),
(5), and (7)’’ with the phrase ‘‘303(c)(5), (6), (7), (8),
and (10)’’; by replacing the words ‘‘a fishery management
plan is prepared and implemented’’ with the words ‘‘regu-
lations are promulgated’’; and, in the final sentence, by
deleting the words ‘‘implementing the applicable fishery
management plan’’.
(g) Section 201(h) of the Act is amended by replacing
the words ‘‘management plans’’ with the word ‘‘regula-
tions’’.
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(h) Section 201(i) of the Act is amended by replacing
the words ‘‘fishery management plan implemented’’ with
the words ‘‘regulations promulgated’’.
(i) Section 204(b)(7)(A) of the Act is amended to
read as follows:
‘‘(A) All of the requirements of regulations
promulgated under section 201(g) or under title
III.’’.
(j) Section 302(h)(3) of the Act (16 U.S.C. 1852(h))
is 
amended 
by 
replacing 
‘‘204(b)(4)(C)’’ 
with
‘‘204(b)(4)(A)(iii)’’.
(k) Section 302(h)(4) of the Act is amended by re-
placing the words ‘‘fishery management plans and amend-
ments to such plans’’ with the word ‘‘regulations’’.
(l) Section 302(h)(6) of the Act is amended by replac-
ing the phrase ‘‘303(a) (3) and (4)’’ with the phrase
‘‘303(a) (5) and (6)’’, and by replacing the phrase
‘‘304(f)(3)’’ with the phrase ‘‘304(g)(3)’’.
(m) Section 306(b)(1) of the Act is amended by re-
placing in subsection (A), the words ‘‘covered by a fishery
management plan implemented’’ with the words ‘‘regula-
tions promulgated’’; by replacing, in subsection (B), the
words ‘‘fishery management plan’’ with the word ‘‘regula-
tions’’; and by replacing the words ‘‘such fishery manage-
ment plan and the regulations promulgated to implement