‘‘(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 HERRING AND
ATLANTIC
MACKEREL.—Section 201(f) (16 U.S.C.
1801(f)) is amended to read as follows:
‘‘(f) FOREIGN FISHING
FOR ATLANTIC HERRING
AND ATLANTIC MACKEREL.—
‘‘(1) The Congress finds that sufficient United
States harvesting capacity exists and will continue to
exist at least through 1999 in the Atlantic herring
and Atlantic mackerel fisheries so that no surplus
exists in those fisheries under the United Nations
Convention on the Law of the Sea.
‘‘(2) No allocation of Atlantic herring or Atlan-
tic mackerel may be made under subsection (e) be-
fore March 17, 1999.’’.
(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 extent practicable, minimize bycatch.’’.
SEC. 8. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) 
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;’’.
(b) 
VOTING
MEMBERS, 
GENERALLY.—Section
302(b) (16 U.S.C. 1852(b)) is amended by adding at the
end the following:
‘‘(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 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 and
other appropriate records of any Council meeting
shall identify all roll call votes held, the name of
each voting member 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 its jurisdic-
tion.’’; and
(3) by amending paragraph (2) to read as
follows:
‘‘(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,