A bill to improve fishery conservation and management.
PL 97-453 (H.R.5002), enacted 01/12/1983

PUBLIC LAW 97-453—JAN. 12, 1983 
96 STAT. 2481 
Public Law 97-453 
97th Congress 
An Act 
To improve fishery conservation and management. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SECTION 1. AMENDMENT REFERENCE. 
Whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or subsection, the 
reference shall be considered to be made to a section or subsection of 
the Act entitled "An Act to provide for the conservation and man-
agement of the fisheries, and for other purposes", approved April 13, 
1976 (90 Stat. 331 et seq., 16 U.S.C. 1801 et seq,). 
SEC. 2. FOREIGN FISHING. 
(a) Section 201 (16 U.S.C. 1821) is amended as follows: 
(1) Subsection (cX2)(D) is amended to read as follows: 
"(D) United States observers required under subsection (i) 
be permitted to be stationed aboard any such vessel and 
that all of the costs incurred incident to such stationing, 
including the costs of data editing and entry and observer 
monitoring, be paid for, in accordance with such subsection, 
by the owner or operator of the vessel;". 
(2) Subsection (cX4) is amended— 
(A) by striking out "and" at the end of subparagraph (B); 
(B) by striking out the period at the end of subparagraph 
(C) and inserting in lieu thereof "; and"; and 
(C) by adding at the end thereof the following new sub-
paragraph: 
"(D) take, or refrain from taking, as appropriate, actions 
of the kind referred to in subsection (eXD in order to receive 
favorable allocations under such subsection.". 
(3) The first sentence of subsection (dX4) is amended by strik-
ing out "shall be allocated" in the matter following subpara-
graph (B) and inserting in lieu thereof "may be allocated". 
(4) Subsection (eXl) is amended to read as follows: 
"(e) ALLOCATION OP ALLOWABLE LEVEL.—(IXA) The Secretary of 
State, in cooperation with the Secretary, sh^l determine the alloca-
tion among foreign nations of the total allowable level of foreign 
fishing which is permitted with respect to each fishery subject to the 
exclusive fishery management authority of the United States. 
"(B) From the determinations made under subparagraph (A), the 
Secretary of State shall compute the aggregate of all of the fishery 
allocations made to each foreign nation. 
"(C) The Secretary of State shall initially release to each foreign 
nation for harvesting up to 50 percent of the allocations aggregate 
computed for such nation under subparagraph (B), and such release 
of allocation shall be apportioned by the Secretary of State, in 
cooperation with the Secretary, among the individual fishery alloca-
tions determined for that nation under subparagraph (A). Trie basis 
Jan. 12, 1983 
[H.R. 5002] 
Fishery 
conservation smd 
management, 
improvement. 
96 STAT. 2482 
PUBLIC LAW 97-453—JAN. 12, 1983 
on which each apportionment is made under this subparagraph 
shall be stated in writing by the Secretary of State. 
"(D) After the initial release of fishery allocations under subpara-
graph (C) to a foreign nation, any subsequent release of an allocation 
for any fishery to such nation shall only be made— 
"(i) after the lapse of such period of time as may be sufficient 
^ 
for puiposes of making the determination required under clause 
(ii);ana 
"(ii) if the Secretary of State and the Secretary, after taking 
into accoimt the size of the allocation for such f&hei*y and the 
length and timing of the fishing season, determine in writing 
that such nation is complying with the purposes and intent of 
this paragraph with respect to such fishery. 
If the foreign nation is not determined under clause (ii) to be in such 
compliance, the Secretary of State shall reduce, in a manner and 
quantity he considers to be appropriate (I) the remainder of such 
allocation, or ^ ) if all of such allocation has been released, the next 
allocation of such fishery, if any, made to such nation. 
"(E) The determinations required to be made under subpara-
graphs (A) and (D)(ii), and the apportionments required to be made 
under subparagraph (C), with respect to a foreign nation shall be 
based on— 
"(i) whether, and to what extent, such nation imposes tariff 
barriers or nontariff barriers on the importation, or otherwise 
restricts the market access, of United States fish or fishery 
products; 
"(ii) whether, and to what extent, such nation is cooperating 
with the United States in the advancement of existing and new 
opportunities for fisheries trade, particularly through the pur-
chase of fish or fishery products from United States processors 
or from United States fishermen; 
"(iii) whether, and to what extent, such nation and the fishing 
fleets of such nation have cooperated with the United States in 
the enforcement of United States fishing regulations; 
"(iv) whether, and to what extent, such nation requires the 
fish harvested from the fishery conservation zone for its domes-
tic consumption; 
"(v) whether, and to what extent, such nation otherwise 
contributes to, or fosters the growth of, a sound and economic 
United States fishing industry, including minimizing gear con-
flicts with fishing ofterations of United States fishermen, and 
transferring harvesting or processing technology which will 
benefit the United States fishing industry; 
"(vi) whether, and to what e ^ n t , the fishing vessels of such 
nation have traditionally engaged in fishing in such fishery; 
"(vii) whether, and to what extent, such nation is cooperating 
with the United States in, and making substantial contributions 
to, fishery research and the identification of fishery resources; 
and 
"(viii) such other matters as the Secretary of State, in cooper-
ation with the Secretary, deems appropriate.". 
(5XA) Subsection (i) is amended— 
(i) by amending paragraph (3) to read as follows: 
"(3) Observers, while stationed aboard forei^ fishing vessels, 
shall carry out such scientific, compliance monitoring, and other 
functions as the Secretary deems necessary or appropriate to carry 
out the purposes of this Act; and shall cooperate in carrying out 
PUBLIC LAW 97-453—JAN. 12,1983 
96 STAT. 2483 
Supplementary 
observer 
program. 
such other scientific programs relating to the conservation and 
management of living resources as the Secretary deems appropri-
ate."; and 
(ii) by adding at the end thereof the following new para-
graph: 
"(6) If at anv time the requirement set forth in paragraph (1) 
cannot be met because of insufficient appropriations, the Secretary 
shall, in implementing a supplementary observer program: 
"(A) certify as observers, for the purposes of this subsection, 
individuals who are citizens or nationals of the United Stat<es 
and who have the requisite education or experience to carry out 
the functions referred to in paragraph (3); 
"(B) establish standards of conduct for certified observers 
equivalent to those applicable to Federal personnel; 
"(C) establish a reasonable schedule of fees that certified 
observers or their agents shall be paid by the owners and 
operators of foreign fishing vessels for observer services; and 
"(D) monitor the performance of observers to ensure that it 
meets the purposes of this Act". 
(6) Such section is further amended by adding at the end 
thereof the following new subsection: 
"(j) RECREATIONAL FISHINO.—Notwithstanding any other provision 
of this title, foreign fishing vessels which are not operated for profit 
may engage in recreational fishing within the fishery conservation 
zone and the waters within the boundaries of a State subject to 
obtaining such permits, paying such reasonable fees, and complying 
with such conditions and restrictions as the Searetary and the 
Governor of the State (or his designee) shall impose as being neces-
sary or appropriate to insure that the fishing activity of such foreign 
vessels within such zone or waters, respectively, is consistent with 
all applicable Federal and State laws and any applicable fishery 
management plan implemented under section 305. The Secretary Post, p. 2490 
shall consult with the Secretajy of State and the Secretary of the 
Department in which the Coast Guard is operating in formulating 
the conditions and restrictions to be applied by the Secretary under 
the authority of this subsection.". 
(b) The amendments made by subsection (aXD and (5XAXii) shall 
take effect January 1,1984. 
SEC. 3. FOREIGN FISHING PERMITS. 
Section 204(b) (16 U.S.C. 1824(b)) is amended— 
(1) by inserting "hold" immediately before "capacity" in para-
graph (3XB); 
(2) by striking out "and shall be set forth under the name of 
each Council to which it will be transmitted for comment" in 
that portion of paragraph (4) which precedes subparagraph (A); 
(3) by striking out subparagraphs (B) and (C) of paragraph (4) 
and inserting in lieu thereof uie following: 
"(B) a copy of the application to the Secretary of the 
department m which the Coast Guard is operating; and 
'(C) a copy or a summary of the application to the 
appropriate council, upon its request."; and 
(4) by striking out "After receipt of an application transmitted 
under paragraph (4)(B), each appropriate Council shall" in para-
graph (5) and inserting in lieu thereof "After receiving a copy or 
summary of an application under paragraph (4XC), the Council 
may". 
Effective date. 
16 use 1821 
note. 
97-200 O—84—pt. 2 
36 : QL3 
96 STAT. 2484 
PUBLIC LAW 97-453—JAN. 12, 1983 
X'U 
Members, 
qualifications. 
List of 
applicants. 
Announcement 
of appointment. 
SEC. 4. NATIONAL STANDARDS. 
Section 301(b) (16 U.S.C. 1851(b)) is amended to read as follows: 
"(b) The Secretary shall establish advisory guidelines (which shall 
not have the force and effect of law), based on the national stand-
ards, to assist in the development of fishery management plans.". 
SEC. 5. REGIONAL FISHERY MANAGEMENT COUNCIL ORGANIZATION AND 
FUNCTIONS. 
« Section 302 (16 U.S.C. 1852) is amended as follows: 
e 
(1) Subsection (a) is amended— 
i 
(A) by striking out "pursuant to subsection (bXl)(C)" each 
place it appears therein and inserting in lieu thereof "in 
ma : 
accordance with subsection (bX2)"; and 
(B) by amending paragraph (8) to read as follows: 
I 
"(8) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery 
Management Council shall consist of the States of Hawaii, 
American Samoa, Guam, and the Northern Mariana Islemds 
J 
and shall have authority over the fisheries in the Pacific Ocean 
seaward of such States and of the Commonwealths, territories, 
I 
and possessions of the United States in the Pacific Ocean area. 
The Western Pacific Council shall have 13 voting members, 
including 8 appointed by the Secretary in accordance with 
subsection (bX2) (at least one of whom shall be appointed from 
each of the following States: Hawaii, American Samoa, Guam, 
and the Northern Mariana Islands).". 
}^ 
(2) Subsection (b) is amended— 
« 
(A) by amending paragraph (IXC) to read as follows: 
"(C) The members required to be appointed by the Secretary 
i 
in accordance with subsection (bX2)."; 
i 
(B) by redesignating paragraphs (2) and (3) as paragraphs 
\ 
(3) and (4), respectively; 
V 
(C) by inserting immediately after paragraph (1) the fol-
lowing new paragraph: 
"(2XA) The members of each Council required to be appointed by 
the Secretary must be individuals who are knowledgeable or experi-
enced with regard to the management, conservation, or recreational 
or commercial harvest of the fishery resources of the geographical 
area concerned. 
"(B) The Secretary shall appoint the members of each Council 
from a list of individuals submitted by the Governor of each applica-
ble constituent State. Each such list shall include the names and 
pertinent biographical data of not less than three individuals for 
each applicable vacancy. The Secretary shall review each list sub-
mitted by a Governor to ascertain if the individuals on the list are 
qualified for the vacancy on the basis of the required knowledge or 
experience required by subparagraph (A). If the Secretary deter-
mines that any individual is not qualified, he shall notify the 
appropriate Governor of that determination. The Governor shall 
then submit a revised list or resubmit the original list with an 
additional explanation of the qualifications of the individual in 
question. 
"(C) Whenever the Secretary makes an appointment to a Council, 
he shall make a public announcement of such appointment not less 
than 45 days before the first day on which the individual is to take 
office as a member of the CouncH."; 
(D) by striking out "pursuant to paragraph (IXC)" in 
subsection (bX3) (as redesignated by subparagraph (B)) and 
PUBLIC LAW 97-453—JAN. 12, 1983 
96 STAT. 2485 
' '»::. inserting in lieu thereof "by the Secretary in accordance 
with subsection (bX2)"; and 
(E) by adding at the end thereof the following new para-
graph: 
"(5) The Secretary may remove for cause any member of a Council 
required to be appointed by the Secretary in accordance with subsec-
tion (bX2) if the Council concerned first recommends removal by not 
less than two-thirds of the members who are voting members. A 
removal recommendation of a Council must be in writing and 
accompanied by a statement of the reasons upon which the recom-
mendation is based.". 
(3) Subsection (fK6) is amended by inserting after the first 
sentence thereof the following new sentence: '"Die procedures of 
a Council, and of its scientific and statistical committee and 
advisory panels established under subsection (g), must be con-
sistent with the procedural guidelines set forth in subsection 
(iX2).". 
(4) Subsection (h) is amended as follows: 
^
*
^ 
(A) Paragraph (1) is amended by inserting "that requires 
conservation and management" immediately after "author-
;. 
ity". 
(B) Paragraph 
(2) is amended by striking 
out 
. 
. "204(bX4XB)" and inserting in lieu thereof "204(bX4XC)". 
(C) Paragraph (3) is amended by inserting immediately 
before the semicolon at the end thereof the following: "(and 
for purposes of this, paragraph, the term 'geographical area 
,, ^,.. concerned* may include an area under the authority of 
another CouncU if the fish in the fishery concerned migrate 
into, or occur in, that area or if the matters being heard 
affect fishermen of that area; but not unless such other 
Council is first consulted regarding the conduct of such 
hearings within its area)". 
(D) Paragraph (4) is amended to read as follows: 
"(4) submit to the Secretary such periodic reports as the 
Council deems appropriate, and any other relevant report 
which may be requested by the Secretsury;". 
(5) Such section is further amended by adding at the end 
thereof the following new subsection: 
"(i) PROCEDURAL MATTERS.—(1) The Federal Advisory Committee 
Act (5 U.S.C. App. 1) shall not apply to the Councils or to the 
scientific and statistical committees or advisory panels of the 
Councils. 
"(2) The following guidelines apply with respect to the conduct of 
business at meetings of a Council, and of the scientific and statistical 
committee and advisory panels of a Council: 
"(A) Unless closed in accordance with paragraph (3), each 
regular meeting and each emergency meeting shall be open to 
the public. 
"(B) Emergency meetings shall be held at the call of the 
chairman or equivalent presiding officer. 
"(C) Timely public notice of each regular meeting and each 
emergency meeting, including the time, place, and agenda of 
the meeting, shall be published in local newspapers in the major 
fishing ports of the Council's region (and in other major fishing 
ports having a direct interest in the sifected fishery) and such 
notice may be given by such other means as will result in wide 
Removal of 
member. 
Report. 
5 use app. 
Meetings, 
guidelines. 
96 STAT. 2486 
PUBLIC LAW 97-453—JAN. 12, 1983 
Publication in 
Federal 
Public 
availability. 
ieirsc isss. 
Closed meetings. 
publicity. Timely notice of each regular meeting shall also be 
published in the Federsil Register. 
t 
"(D) Interested persons shall be permitted to present oral or 
written statements regarding the matters on the agenda at 
meetings. 
"(E) Minutes of each meeting shsdl be kept and shall contain a 
n 
record of the persons present, an accurate description of mat-
ters discussed and conclusions reached, and copies of all state-
ments filed. 
"(F) Subject to the procedures established by the Council 
under paragraph (4), and the guidelines prescribed by the 
Secretary under section 303(d), relating to confidentiality, the 
administrative record, including minutes required under sub-
paragraph (E), of each meeting, and records or other documents 
which were made available to or prepared for or by the Council, 
committee, or panel incident to the meeting, shall be available 
for public inspection and copying at a single location in the 
offices of the Council. 
"(3XA) Each Council, scientific and statistical committee, and 
advisory panel— 
(i) shall close any meeting, or portion thereof, that concerns 
matters or information that bears a national security classifica-
tion; and 
"(ii) may close any meeting, or portion thereof, that concerns 
matters or information that pertains to national security, 
employment matters, or briefings on litigation in which the 
Council is interested; 
and if any meeting or portion is closed, the Council, committee, or 
panel concerned shall publish notice of the closure in local news-
papers in the major fishing ports within its region (and in other 
major, affected fishing ports), including the time and place of the 
meeting. Subparagraphs (D) and (F) shall not apply to any meeting 
or portion thereof that is so closed. 
(4) Each Council shall establish appropriate procedures applica-
ble to it and to its committee and advisory paneld for ensuring the 
confidentiality of the statistics that may be submitted to it by 
Federal or State authorities, and may be voluntarily submitted to it 
by private persons; including, but not limited to, procedures for the 
restriction of council employee access and the prevention of conflicts 
of interest; except that sucn procedures must, in the case of statis-
tics submitted to the CouncU by a State, be consistent with the laws 
and regulations of that State concerning the confidentiality of such 
statistics.". 
SEC. 6. CONTENTS OF PLANS. 
Section 303 (16 U.S.C. 1853) is amended as follows: 
(1) Subsection (b) is amended— 
o: 
(A) by striking out "and" at the end of paragraph (6); 
(B) by redesignating paragraph (7) as paragraph (8); and 
* ii 
(C) by inserting immediately after paragraph (6) the fol-
lowing new paragraph: 
"(7) assess and specify the effect which the conservation and 
management measures of the plan will have on the stocks of 
naturally spawning anadromous fish in the region; and". 
(2) Subsection (c) is amended to read as follows: 
"(c) PROPOSED REGULATIONS.—The proposed regulations which the 
Council deems necessary or appropriate for purposes of carrying out 
PUBLIC LAW 97-453—JAN. 12, 1983 
96 STAT. 2487 
a plan or amendment to a plan shall be submitted to the Secretary 
simultaneously with the plan or amendment for action by the 
Secretary under sections 304 and 305,"; and 
(3) Such section is amended by adding at the end thereof the 
following new subsection: 
"(e) DATA CIOLLECTION PROGRAMS.—If a Council determines that 
additional information and data (other than information and data 
that would disclose proprietary or confidential commercial or finan-
cial information regarding fishing operations or fish processing 
operations) would be beneficial for the purposes of— 
"(1) determining whether a fishery management plan is 
needed for a fishery; or 
"(2) preparing a fishery management plan; 
the Council may request that the Secretary implement a data 
collection program for the fishery which would provide the types of 
information and data (other than information and data that would 
disclose proprietary or confidential commercial or financial informa-
tion regarding fishing operations or fish processing operations) spec-
ified by the Council. The Secretary shall approve such a data 
collection program if he determines that the need is justified, and 
shall promulgate regulations to implement the program within 60 
days after such determination is made. If the Secretary determines 
that the need for a data collection program is not justified, he shall 
inform the Council of the resisons for such determination in writing. 
The determinations of the Secretary under this subsection regarding 
a Council request shall be made within a reasonable period of time 
after he receives that request.". 
SEC. 7. ACTION BY SECRETARY. 
(a) Section 304 (16 U.S.C. 1854) is amended as follows: 
(1) Subsections (a) and (b) are amended to read as follows: 
"(a) ACTION BY THE SECRETARY AFTER RECEIPT OF PLAN.—(1) After 
the Secretary receives a fishery management plan, or amendment to 
a plan, which was prepared by a Council (the date of receipt of 
which is hereafter in this section referred to as the 'receipt date'), 
the Secretary shall— 
"(A) immediately commence a review of the management 
plan or amendment to determine whether it is consistent with 
the national standards, the other provisions of this Act, and any 
other applicable law; 
"(B) immediately publish in the Federal Register a notice 
stating that the plan or amendment is available and that 
written data, views, or comments of interested persons on the 
plan or amendment may be submitted to the Secretary during 
the 75-day period beginning on the receipt date; and 
"(C) by the 30th day after the receipt date— 
"(i) make such changes in the proposed regulations sub-
mitted for the plan or amendment under section 303(c) as 
may be necessary for the implementation of the plan, and 
* (ii) publish such proposed regulations, including any 
changes made thereto under clause (i), in the Federal Regis-
ter together with an explanation of those changes which 
are substantive. 
"(2) In undertaking the review required under paragraph (1)(A), 
the Secretary shall— 
"(A) take into account the data, views, and comments received 
from interested persons; 
Infra; post, p. 
2490. 
Regulations. 
Review. 
Publication in 
Federal 
Roister. 
Ante, p. 2486. 
Publication in 
Federal 
Register. 
96 STAT. 2488 
PUBLIC LAW 97-453—JAN. 12, 1983 
Plan 
implementation. 
J*ost, p. 2490. 
Notification of 
disapproval. 
Revised pl£in. 
Publications in 
Federal 
Register. 
Notification of 
disapproval. 
"(B) consult with the Secretary of State with respect to for-
eign fishing; and 
"(C) consult with the Secretary of the department in which 
the Coast Guard is operating with respect to enforcement at sea. 
"(bXD A plan or amendment shall take effect and be implemented 
in accordance with section 305(c) i
f
— 
"(A) the Secretary does not notify the Council in writing of his 
disapproval, or partial disapprovEil, under paragraph (2), of the 
]•: plan or amendment before the close of the 95th day after the 
receipt date; or 
"(B) at any time subsequent to the 75th day after the receipt 
date and before such 95th day, the Secretary notifies the Coun-
cil in writing that he does not intend to disapprove, or partially 
disapprove, the plan or amendment. 
"(2) If after review under subsection (a) the Secretary determines 
that the plan or amendment is not consistent with the criteria set 
forth in paragraph (IXA) of that subsection, the Secretary shall 
notify the Council in writing of his disapproval or partial disap-
proval of the plan or amendment. Such notice shall specify— 
"(A) the applicable law with which the plan or amendment is 
C 
inconsistent; 
t 
"(B) the nature of such inconsistency; and 
"(C) recommendations concerning the actions that could be 
taken by the Council to conform such plan or amendment to the 
requirements of applicable law. 
"(3XA) If the Secretary disapproves, or partially disapproves, a 
proposed plan or amendment under paragraph (2), the Council may 
submit a revised plan or amendment, accompanied by appropriately 
revised proposed regulations, to the Secretary. 
"(B) After the Secretary receives a revised plan or amendment 
under subparagraph (A) or (CXii), the Secretary shall immediately— 
"(i) commence a review of the plan or amendment to deter-
mine whether it complies with the criteria set forth in subsec-
tion (aXlXA); 
"(ii) publish in the Federal Register a notice stating that the 
revised plan or amendment is available and that written data, 
views, or comments of interested persons on the plan or amend-
' 
ment may be submitted to the Secretary during the 30-day 
period beginning on the date (hereinafter in this paragraph 
referred to as the 'revised receipt date') the plan or amendment 
was submitted to the Secretary under subparagraph (A) or 
(CXii); and 
"(iii) review the revised proposed regulations, if any, submity 
I 
ted by the Council and make such changes to them as may be 
necessary for the implementation of the plan, and thereafter 
publish such revised proposed regulations (as so changed) in the 
Federsil Register together with an explanation of each of such 
changes that is substantive. 
"(CXi) Before the close of the 60th day after the revised receipt 
date, the Secretary, after taking into account any data, views, or 
comments received under subparagraph (BXii), shall complete the 
review required under subparagraph (B)(i) and determine whether 
the plan or amendment complies with the criteria set forth in 
subsection (aXlXA). If the Secretary determines that a plan or 
amendment is not in compliance with such criteria, he shall imme-
diately notify the Council of his disapproval of the plan or amend-
ment. 
PUBLIC LAW 97-453—JAN. 12, 1983 
96 STAT. 2489 
"(ii) After notifying a C!ouncil of disapproval under clause (i), the 
Secretary shall promptly provide to the Council a written statement 
of the reasons on which the disapproval was based and advise the 
Council that it may submit a further revised plan or amendment, 
together with appropriately revised proposed regulations, for review 
and determination under this paragraph. 
"(D) A revised plan or amendment shall take effect and be imple-
mented in accordance with section 305(c) if the Secretary does not 
notify the Council, in writing, by the close of the 60th day after the 
revised receipt date of his disapproval of the plan or amendment.". 
(2) Subsection (cXD is amended— 
(A) by amending paragraph (1)— 
¥**' 
(i) by amenc^g subparagraph (B) to read as follows: 
"(B) the Secretary disapproves or partially disapproves any 
such plan or amendment, or disapproves a revised plan or 
amendment, and the Council involved fails to submit a revised 
or further revised plan or amendment, as the case may be.", and 
(ii) by adding immediately after the last sentence 
thereof the following flush sentence: 
"The Secretary shall sdso prepare such proposed regulations as he 
deems necessary or appropriate to carry out each plan or amend-
ment prepared by him under this paragraph."; and 
(B) by amending paragraph (2) to read as follows: 
"(2XA) Whenever, under paragraph (1), the Secretary prepares a 
fishery management plan or amendment, the Secretary shall imme-
diately— 
"(i) submit such plan or amendment, and proposed regula-
tions to implement such plan or amendment, to the appropriate 
Council for consideration and comment; 
"(ii) publish in the Federsd Register a notice stating that the 
plan or amendment is available and that written data, views, or 
comments of interested persons on the plan or amendment may 
be submitted to the Secretly during the 75-day period begin-
^ ^ ning on the date the plan or amendment was submitted under 
clause (i); and 
ij I 
"(iii) by the 30th day after the date of submission under clause 
(i), submit for publication in the Federal Register the proposed 
regulations to implement the plan or amendment. 
"(B) The appropriate council must submit its comments and rec-
ommendations, if any, regarding the plan or amendment to the 
Secretary before the close of the 75-day period referred to in subpar-
agraph (AXii). After the close of such 75-day period, the Secretary, 
eifter taking into account any such comments and recommendations, 
as well as any views, data, or comments submitted under subpara-
graph (AXii), may implement such plan or amendment under section 
305(c).". 
(3) Subsection (d) is amended by striking out the last sentence 
«* and inserting in lieu thereof the following: "The Secretary may 
enter into a cooperative agreement with the States concerned 
under which the States administer the permit system and the 
agreement may provide that all or part of the fees collected 
under the system shall accrue to the States. The level of fees 
charged under this subsection shall not exceed the administra-
tive costs incurred in issuing the permits.", 
(b) The amendments made by subsection (a) shall only apply with 
respect to fishery management plans and amendments thereto that 
Post, p. 2490. 
Publication in 
Federal 
Register. 
Cbmments and 
recommenda-
tions. 
16 u s e ISM 
note. 
96 STAT. 2490 
PUBLIC LAW 97-453—JAN. 12, 1983 
R^ulations. 
Ante, p. 2487. 
Regulations. 
Publication in 
Federal 
Register. 
Notice of 
termination, 
publication in 
Federal 
Register. 
44 u s e 101 note. 
3 CFR, 1981 
Comp., p. 127. 
Ante, p. 2487. 
are initially submitted to the Secretary of Commerce on or after the 
date of the enactment of this Act for action under section 304. 
SEC. 8. IMPLEMENTATION OF PLANS. 
.. Section 305 (16 U.S.C. 1855) is amended as follows: 
(1) Subsections (a) and (b) are repealed. 
(2) Subsection (c) is amended to read as follows: 
"(c) IMPLEMENTATION.—The Secretary shall promulgate each regu-
lation that is necessary to carry out a plan or amendment— 
"(1) within 110 days after the plan or amendment was 
received by him for action under section 304(a), if such plan or 
amendment takes effect under section 304(bXl); 
"(2) within 75 days after a revised plan or amendment was 
received by him under section 304(b), if such plan or amend-
ment takes effect under paragraph (3XD) of such section; or 
"(3) within such time as he deems appropriate in the case of a 
plan or amendment prepared by him under section 304(c).". 
(3) Subsection (e) is amended to read as follows: 
"(e) EMERGENCY ACTIONS.—(1) If the Secretary finds that an emer-
gency exists involving any fishery, he may promulgate emergency 
regulations necessary to address the emergency, without regard to 
whether a fishery management plan exists 
for 
such fishery. 
"(2) If a Council finds that an emergency exists involving any 
fishery within its jurisdiction, whether or not a fishery management 
plan exists for such fishery— 
"(A) the Secretary shall promulgate emergency regulations 
under paragraph (1) to address the emergency if the Council, by 
unanimous vote of the members who are voting members, 
requests the taking of such action; and 
"(B) the Secretary may promulgate emergency regulations 
under paragraph (1) to address the emergencjr if the Council, by 
less than a unanimous vote, requests the talung of such action. 
"(3) Any emergency regulation wmch changes any existing fishery 
management plan or amendment shall be treated as an amendment 
to such plan for the period in which such regulation is in effect. Any 
emergency regulation promulgated under this subsection— 
"(A) shall be published in the Federal Register together with 
the reasons therefor; 
"(B) shall remain in effect for not more than 90 days after the 
date of such publication, except that any such regulation may, 
by agreement of the Secretary and the Council, be promulgated 
for one additional period of not more than 90 days; and 
"(C) may be terminated by the Secretary at an earlier date by 
publication in the Federal Register of a notice of termination, 
except for emergency regulations promulgated under paragraph 
(2) in which case such early termination may be made only upon 
the agreement of the Secretary and the Council concerned.". 
(4) Subsection (f) is repealed. 
(5) Such section is further amended by adding at the end 
thereof the following new subsection: 
"(h) EFFECT OF CERTAIN LAWS ON CERTAIN TIME REQUIREMENTS.— 
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive 
Order Numbered 12291, dated February 17, 1981, shall be complied 
with within the time limitations specified in subsection (c) or section 
304 (a) and (b) as they apply to the functions of the Secretary under 
such provisions.". 
PUBLIC LAW 97-453—JAN. 12,1983 
96 STAT. 2491 
SEC. 9. STATE JURISDICmON. 
Section 306(a) (16 U.S.C. 1856(a)) is amended by inserting immedi-
ately after the first sentence thereof the following new sentence: 
"For purposes of this Act, except as provided in subsection (b), the 
jurisdiction and authority of a State shall extend (1) to any pocket of 
waters that is adjacent to the State and totally enclosed by lines 
delimiting the territorial sea of the United States pursuant to the 
Geneva Convention on the Territorial Sea and Conti^ous Zone or 
any successor convention to which the United States is a party and 
(2) with respect to the body of water commonly known as Nantucket 
Sound, to the pocket of water west of the seventieth meridian west 
of Greenwich. . 
SEC. 10. SUBPENA POWER 
Section 308 (16 U.S.C. 1858) is amended by adding at the end 
thereof the following new subsection: 
"(e) SuBPENAS.—For the purposes of conducting any hearing 
under this section, the Secretary may issue subpenas for the attend-
ance and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. Witnesses 
summoned shall be paid the same fees and mileage that are paid to 
witnesses in the courts of the United States. In case of contempt or 
refusal to obey a subpena served upon anv person pursuant to this 
subsection, the district court of the United States for any district in 
which such person is found, resides, or transacts business, upon 
application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony before the Secretary or to appear and 
produce documents before the Secretary, or both, and any failure to 
obey such order of the court may be punished by such court as a 
contempt thereof.". 
SEC. 11. OFFENSES. 
(a) Section 309(b) (16 U.S.C. 1859(b)) is amended by striking out ", 
or imprisonment for not more than 1 year, or both". 
(b) The amendment made by subsection (a) applies with respect to 
1
6 USC1859 
offenses committed under section 309 on or after the date of the "°*« 
enactment of this Act. 
SEC. 12. CIVIL FORFEITURES. 
Section 310(a) (16 U.S.C. 1860(a)) is amended by inserting "(or the 
fair market value thereof)" immediately after "fish" each place it 
appears. 
SEC. 13. POWERS OF AUTHORIZED OFFICERS. 
4;^ 
Section 311(b) (16 U.S.C. 1861(b)) is amended— 
(1) by inserting "(1)" immediately before "Any officer"; 
(2) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(3) by redesi^ating subparagraphs (A), (B), (C), (D), and (E) as 
clauses (i), (ii), (iii), (iv), and (v), respectively; and 
(4) by adding at the end thereof the following new paragraph: 
:. ^ 
"(2) Subject to the direction of the Secretary, a person charged 
with law enforcement responsibilities by the Secretary who is per-
forming a duty related to enforcement of a law regarding fisheries 
or other marine resources may make an arrest without a warrant 
for an offense against the United States committed in his presence, 
96 STAT. 2492 
PUBLIC LAW 97-453—JAN. 12, 1983 
or for a felony cognizable under the laws of the United States, if he 
has reasonable grounds to believe that the person to be arrested has 
committed or is committing a felony. The arrest authority described 
in the preceding sentence may be conferred upon an officer or 
employee of a State agency, subject to such conditions and restric-
tions as are set forth by agreement between the State agency, the 
Secret£iry, and, with respect to enforcement operations withm the 
fishery conservation zone, the Secretary of the department in which 
the Coast Guard is operating.". 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
(a) Section 406 (16 U.S.C. 1882) is amended by adding at the end 
thereof the following new paragraphs: 
- 
"(9) $59,000,000 for the fiscal year ending September 30,1983. 
bm 
"(10) $64,000,000 for the fiscal year ending September 30, 
1984. 
"(11) $69,000,000 for the fiscal year ending September 30, 
1985.". 
(b)(1) Subsection (c) of the first section of the Anadromous Fish 
Conservation Act (16 U.S.C. 757a(c)) is amended— 
(A) by inserting "(1)" immediately before "Whenever"; and 
(B) by adding at the end thereof the following new paragraph: 
"(2) In the case of any State that has implemented an interstate 
fisheries management plan for anadromous fishery resources, the 
Federal share of any grant made under this section to carry out 
activities required by such plan shall be 90 percent.". 
(2) Section 4(a) of the Anadromous Fish Conservation Act (16 
U.S.C. 757d(a)) is amended by adding after paragraph (3) the follow-
ing new paragraph: 
"(4) $7,500,000 for each of fiscal years 1983, 1984, and 1985.". 
(3) The first sentence of section 7(d) of the Anadromous Fish 
Conservation Act (16 U.S.C. 757g(d)) is amended by striking out 
"and" after "1981,", and by inserting immediately before the period 
the following: ", and not to exceed $1,000,000 for each of the fiscal 
years ending September 30,1983, and September 30,1984". 
'Niai 
SEC. 15. TECHNICAL AMENDMENTS. 
(a) Section 3(27) (16 U.S.C. 1802(27)) is amended to read as follows: 
"(27) The term Vessel of the United States' means— 
"(A) any vessel documented under the laws of the United 
States; 
"(B) any vessel numbered in accordance with the Federal 
46 use 1451 
Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and measur-
»ote. 
ing less than 5 net tons; or 
"(C) any vessel numbered under the Feder£d Boat Safety 
Act of 1971 (46 U.S.C. 1400 et seq.) and used exclusively for 
pleasure.". 
(b) Section 307(2) (16 U.S.C. 1857(2)) is amended— 
(A) by amending subparagraph (A) to read as follows: 
"(A) in fishing within the boundaries of any State, except 
Ante. p. 2481. 
recreational fishing permitted under section 201^);"; and 
,«?i-.nC' a'f* itJ &3'?'3.r t- '. asjfiijs ZHIHV i jii.< zBjn<-^%m Qsn^Miu as 
ivi 
PUBLIC LAW 97-453—JAN. 12,1983 
96 STAT. 2493 
(B) by striking out "in fishing" in subparagraph (B) and Ante, p. 107. 
inserting in lieu thereof "in fishing, except recreational fishing 
permitted under section 201(j),". 
(c) The last sentence of section 311(a) (16 U.S.C, 1861(a)) is 
repealed. 
i-i-
(d) Section 8 of the Central, Western, and South Pacific Fisheries 
Development Act (16 U.S.C. 758e-5) is amended by striking out "and 
1982" and mserting in Ueu thereof "1982, 1983, 1984, and 1985". 
Approved January 12,1983. 
.not» 
LEGISLATIVE HISTORY—H.R. 5002 (S. 2450): 
HOUSE REPORTS: No. 97-549 (Comm. on Merchant Marine and Fisheries) and Nos. 
97-981 and 97-982 (Comm. of Conference). 
SENATE REPORT No. 97-519 accompanying S. 2450 (Comm. on Commerce, Science 
and Transportation). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 16, considered and passed House. 
Dec. 17, considered and passed Senate, amended. 
Dec. 20, House considered and rejected conference report 97-981 and agreed to 
conference report 97-982. 
Dec. 21, Senate agreed to conference report 97-982.