I
103D CONGRESS
2D SESSION
H. R. 4430
To amend the Magnuson Fishery Conservation and Management Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1994
Mr. MANTON (for himself and Mr. STUDDS) (both by request) introduced the
following bill; which was referred to the Committee on Merchant Marine
and Fisheries
A BILL
To amend the Magnuson Fishery Conservation and
Management Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
FINDINGS, PURPOSES, AND POLICY
SECTION 1. Section 2 of the Act (16 U.S.C. 1801)
is amended—
(1) in paragraph (a)(2) by—
(A) inserting ‘‘resource’’ between ‘‘fishery’’
and ‘‘conservation’’; and
(B) deleting ‘‘and’’ before ‘‘(B)’’, and add-
ing after the second occurrence of ‘‘threatened’’
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‘‘, and (C) direct and indirect habitat losses
have resulted in diminished capacity to support
existing fishing levels’’;
(2) in paragraph (a)(6) by inserting ‘‘to provide
long-term protection for essential marine and estua-
rine fish habitats,’’ between ‘‘conservation,’’ and
‘‘and to realize’’;
(3) by adding new paragraphs (a) (9) and (10)
to read as follows:
‘‘(9) The greatest long-term threat to the viabil-
ity of commercial and recreational fisheries is the
continuing loss of marine and estuarine habitats on
a national level. Habitat considerations must receive
increased attention in the conservation and manage-
ment of fishery resources of the United States.
‘‘(10) Fishery habitat protection can be
achieved through direct advocacy for fishery habitats
by the Secretary in the implementation of existing
Federal procedures for interagency consultation and
the application of other Federal statutes under the
Secretary’s purview.’’; and
(4) by adding a new paragraph (b)(7) to read
as follows:
‘‘(7) to promote the advocacy of fishery habitat
protection in the review of projects conducted under
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Federal permits, licenses, or other authorities that
affect, or have the potential to affect, fishery
habitats.’’.
DEFINITIONS
SEC. 2. Section 3 of the Act (16 U.S.C. 1802) is
amended—
(1) by renumbering subsections (6) through
(31) as subsections (7) through (32), respectively,
and by adding a new subsection (6) as follows:
‘‘(6) The term ‘essential fish habitat’ means
any area formally identified by a Council or by the
Secretary for species managed under section
304(g)(3) that is—
‘‘(A) landward of the outer boundary of
the exclusive economic zone and essential to the
life cycle of marine, estuarine, anadromous, or
catadromous species; or
‘‘(B) essential to the production of opti-
mum yield throughout the range of one or more
fisheries under management by a Council or by
the Secretary under section 304(g)(3); or
‘‘(C) meeting other criteria or guidance as
provided by the Secretary to the Councils.’’;
and
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(2) by further amending renumbered section
3(22) of the Act by revising the text and adding a
new paragraph (C) to read as follows:
‘‘(22) The term ‘optimum’, with respect to the
yield from a fishery, means the amount of fish—
‘‘(A) which will provide the greatest overall
benefit to the Nation, with particular reference
to food production and recreational opportuni-
ties;
‘‘(B) which is prescribed on the basis of
the maximum sustainable yield from a fishery,
as modified by any relevant economic, social, or
ecological factor; and
‘‘(C) which ensures the rebuilding of de-
pleted stocks to a level consistent with produc-
ing the maximum sustainable yield.’’.
FOREIGN FISHING
SEC. 3. (a) Section 201(a)(1) of the Act (16 U.S.C.
1821(a)(1)) is revised to read as follows:
‘‘(1) is authorized under subsection (b) or (c),
or is approved under section 204(b)(6)(A)(ii);’’.
(b) Section 201 of the Act (16 U.S.C. 1821) is
amended by deleting section (g), (h), (i), and (j) as sub-
sections 201(f), and by redesignating subsections (f), (g),
(h), and (i), respectively.
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PERMITS FOR FOREIGN FISHING
SEC. 4. (a) Section 204(b)(1) of the Act (16 U.S.C.
1824(b)(1)) is amended to read as follows:
‘‘(b) APPLICATIONS AND PERMITS.—
‘‘(1) ELIGIBILITY.—(A) Except as provided in
subparagraph (B), each foreign nation with which
the United States has entered into a governing
international fishery agreement shall submit an ap-
plication to the Secretary of State each year for a
permit for each of its fishing vessels that wishes to
engage in fishing described in subsection (a).
‘‘(B) An owner of a vessel other than a vessel
of the United States, who wishes to engage in the
transshipment at sea of fish products in the exclu-
sive economic zone or within the boundary of any
State, may submit an application to the Secretary
each year for a permit for a vessel belonging to that
owner, whether or not such vessel is subject to an
international fishery agreement described in section
201 (b) or (c).
‘‘(C) No permit issued under this section may
be valid for longer than a year; and section 558(c)
of title 5, United States Code, does not apply to the
renewal of any such permit.’’.
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(b) Section 204(b)(4) of the Act (16 U.S.C.
1824(b)(4)) is amended by—
(1) inserting ‘‘submitted under paragraph
(1)(A)’’ after the words ‘‘any application’’;
(2) redesignating subparagraphs (A), (B), and
(C) as subparagraphs (i), (ii) and (iii);
(3) redesignating paragraph (4) as paragraph
(4)(A); and
(4) inserting a new paragraph (4)(B) to read as
follows:
‘‘(B) Upon receipt of any application sub-
mitted under paragraph (1)(B) which complies
with the requirements of paragraph (3), the
Secretary shall promptly transmit copies of the
application or summary as indicated under sub-
paragraphs (A)(ii) and (iii).’’.
(c) Section 204(b)(5) of the Act (16 U.S.C.
1824(b)(5)) is amended by replacing the words ‘‘under
paragraph (4)(C)’’ with the words ‘‘submitted under para-
graph (1)(A)’’.
(d) Section 204(b)(6) of the Act (16 U.S.C.
1824(b)(6)) is amended by—
(1) replacing the phrase ‘‘transmitted under
paragraph (4)(A)’’ with the phrase ‘‘submitted
under paragraph 1(A)’’ in paragraph (6)(A);
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(2) redesignating paragraph (6)(A) as para-
graph (6)(A)(i); and
(3) adding a new subparagraph (A)(ii), as fol-
lows:
‘‘(ii) In the case of any application submit-
ted under paragraph (1)(B), the Secretary may
approve the application upon determining that
the activity described in the application will be
in the interest of the United States and will
meet the applicable requirements of this Act,
and that the owners or operators have agreed
to comply with requirements set forth in section
201(c)(2) and have established any bonds or fi-
nancial assurances that may be required by the
Secretary; or the Secretary may disapprove all
or any portion of the application.’’.
(e) Section 204(b)(8) of the Act (16 U.S.C.
1824(b)(8)) is amended by inserting the words ‘‘, or the
agent for the foreign vessel owner for any application sub-
mitted under paragraph (1)(B)’’ at the end of subpara-
graph (A).
(f) Section 204(b)(9) of the Act (16 U.S.C.
1824(b)(9)) is amended by—
(1) inserting the words ‘‘paragraph (1)(A) of’’
after the phrase ‘‘by a foreign nation under’’;