104TH CONGRESS
1ST SESSION
H. R. 39
AN ACT
To amend the Magnuson Fishery Conservation and
Management Act to improve fisheries management.
104TH CONGRESS
1ST SESSION
H. R. 39
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.
‘‘(37) The term ‘essential fishery habitat’
means those waters necessary to fish for spawning,
breeding, or growth to maturity.
‘‘(38) The term ‘overfishing’ means a level or
rate of fishing mortality that jeopardizes the ability
of a stock of fish to produce maximum sustainable
yield on a continuing basis.
‘‘(39) The term ‘rebuilding program’ means
those conservation and management measures nec-
essary to restore the ability of a stock of fish to
produce maximum sustainable yield on a continuing
basis.
‘‘(40) The term ‘total allowable catch’ means
the total amount of fish in a fishery that may be
harvested in a fishing season, as established in ac-
cordance with a fishery management plan for the
fishery.
‘‘(41) The term ‘efficiency’ with respect to the
utilization of fishery resources means fishing
which—
‘‘(A) yields the greatest economic value of
the fishery with the minimum practicable
amount of bycatch, and
‘‘(B) provides the maximum economic op-
portunity for, and participation of, local com-
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,