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: