shall protect vulnerable spawning and nursery areas,
prevent overfishing, and minimize waste, including
the reduction of excessive fishing capacity and by
catch, while achieving, on a continuing basis, the op-
timum yield from each fishery.’’.
(b) NATIONAL STANDARD NO. 5.—Section 301(a)(5)
of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1851(a)(5)) is amended to read as follows:
‘‘(5) Conservation and management measures shall,
to the extent practicable, promote efficiency in the utiliza-
tion of fishery resources, including the avoidance or reduc-
tion of excessive fishing capacity and by catch; except that
no such measure shall have economic allocation as its sole
purpose.’’.
(c) NEW NATIONAL STANDARD.—Section 301(a) of
the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1851(a)) is amended by adding at the end the
following:
‘‘(8) Conservation and management measures shall
promote the safety of life and property at sea.’’.
SEC. 6. ECONOMIC ALLOCATIONS.
(a) 
TWO-THIRDS
VOTE
REQUIRED.—Section
302(e)(1) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1852(e)(1)) is amended to
read as follows:
‘‘(1)(A) Except as provided in subparagraph (B)—
‘‘(i) a majority of the voting members of any
Council shall constitute a quorum, but one or more
such members designated by the Council may hold
hearings; and
‘‘(ii) all decisions of any Council shall be by ma-
jority vote of the voting members present and vot-
ing.
‘‘(B) A Council decision that makes an economic allo-
cation shall be by an affirmative vote by not less than 2⁄3
of the total number of voting members of the Council,
whether or not all such members are present and voting.
‘‘(C) If a Council fails to make a decision referred
to in subparagraph (B) and the National Marine Fisheries
Service Regional Director for the region of the Council de-
termines that such failure will adversely affect conserva-
tion of any stock of fish, the Regional Director shall, after
consultation with each Council member, recommend an al-
location regime to the Secretary.’’.
(b) OVERCAPITALIZATION AND LIMITED ENTRY.—
(1) REQUIRED
PROVISION
OF
MANAGEMENT
PLAN.—Section 303(a) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C.
1853(a)) is amended in paragraph (8) by striking
‘‘and’’ after the semicolon, in paragraph (9) by
striking the period and inserting ‘‘; and’’, and by
adding at the end the following:
‘‘(10) establish a system for limiting access to
the fishery, consistent with section 303(b)(6), if the
Secretary makes a written determination that the
fishery is overcapitalized, and that such over capital-
ization is contributing to overfishing.’’.
(2) REPEAL OF RESTRICTION ON SECRETARY.—
Section 304(c) of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1854(c)) is
amended by striking paragraph (3).
SEC. 7. IMPLEMENTATION OF NATIONAL STANDARDS.
Section 301(b) of the Magnuson Fishery Conserva-
tion and Management Act, as amended (16 U.S.C.
1851(b)) is amended by striking ‘‘advisory’’ and by strik-
ing ‘‘(which shall not have the force and effect of law).’’.
SEC. 8. NONFISHING INDUSTRY REPRESENTATION.
(a) UNITED STATES CONSUMERS.—Section 3(21)(A)
of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1802(21)(A)) is amended by inserting
after ‘‘food production’’ the following: ‘‘, United States
consumers,’’.
(b) COUNCIL REPRESENTATION.—Section 302(a) of
the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1852(a)) is amended—
(1) in paragraph (1) by striking ‘‘17’’ and in-
serting ‘‘19’’, and by striking ‘‘11’’ and inserting
‘‘13’’;
(2) in paragraph (2) by striking ‘‘19’’ and in-
serting ‘‘21’’, and by striking ‘‘12’’ and inserting
‘‘14’’;
(3) in paragraph (3) by striking ‘‘13’’ and in-
serting ‘‘15’’, and by striking ‘‘8’’ and inserting
‘‘10’’;
(4) in paragraph (4) by striking ‘‘7’’ and insert-
ing ‘‘9’’, and by striking ‘‘4’’ and inserting ‘‘6’’;
(5) in paragraph (5) by striking ‘‘17’’ and in-
serting ‘‘19’’, and by striking ‘‘11’’ and inserting
‘‘13’’;
(6) in paragraph (6) by striking ‘‘13’’ and in-
serting ‘‘15’’, and by striking ‘‘8’’ and inserting
‘‘10’’;
(7) in paragraph (7) by striking ‘‘11’’ and in-
serting ‘‘13’’, and by striking ‘‘7’’ and inserting ‘‘9’’;
(8) in paragraph (8) by striking ‘‘13’’ and in-
serting ‘‘15’’, and by striking ‘‘8’’ and inserting
‘‘10’’;
(9) in each of paragraphs (1), (2), (3), (4), (5),
and (6) by inserting ‘‘and at least 2 of whom shall
not be representatives of the fishing industry’’ after
‘‘each such State’’ each place it appears;
(10) in paragraph (7) by inserting a comma fol-
lowed by ‘‘and at least 2 of whom shall not be rep-
resentatives of the fishing industry’’ after ‘‘State of
Washington’’; and
(11) in paragraph (8) by inserting a comma fol-
lowed by ‘‘and at least 2 of whom shall not be rep-
resentatives of the fishing industry’’ after ‘‘Islands’’
the second place it appears.
(c) APPOINTMENT OF NONFISHING INDUSTRY REP-
RESENTATIVES.—Section 302(b)(2) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1852(c)(2)) is amended by adding at the end the follow-
ing:
‘‘(E) Each Governor of a constituent State of a Coun-
cil may submit to the Secretary the names of 2 individuals
for each appointment of a member of the Council who
under subsection (a) is prohibited from being a represent-
ative of the fishing industry.
‘‘(F) Of the 2 members of a Council who under sub-
section (a) are prohibited from being representatives of the
fishing industry, not more than 1 may be nominated by
the Governor of a particular State.’’.
SEC. 9. EFFECTIVE DATE.
Sections 3, 4, 5, 6 and 7 shall take effect 90 days
after the date of enactment of this Act, except that the
Secretary shall proceed during that 90-day period with
such regulatory proceedings, personnel actions, and other
activities as the Secretary considers necessary to imple-
ment fully those sections upon that effective date.
Æ
HR 4713 IH——2
HR 4713 IH——3