Sustainable Fisheries Act
PL 104-297 (S.39), enacted 10/11/1996

PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3559 
Public Law 104-297 
104th Congress 
An Act 
To amend the Magnuson Fishery Conservation and Management Act to authorize 
Oct. 11, 1996 
appropriations, to provide for sustainable fisheries, and for other purposes. 
[g 39] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Sustainable 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
16 USC 1801 
(a) SHORT TITLE.—This Act may be cited as the "Sustainable ^°^^-
Fisheries Act". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Magnuson Fishery Conservation and Management Act. 
TITLE I—CONSERVATION AND MANAGEMENT 
Sec. 101. Findings; purposes; policy. 
Sec. 102. Definitions. 
Sec. 103. Authorization of appropriations. 
Sec. 104. Highly migratory species. 
Sec. 105. Foreign fishing ana international fishery agreements. 
Sec. 106. National standards. 
Sec. 107. Regional fishery management councils. 
Sec. 108. Fisnery management plans. 
Sec. 109. Action by the Secretary. 
Sec. 110. Other requirements and authority. 
Sec. 111. Pacific community fisheries. 
Sec. 112. State jurisdiction. 
Sec. 113. Prohibited acts. 
Sec. 114. Civil penalties and permit sanctions; rebuttable presumptions. 
Sec. 115. Enforcement. 
Sec. 116. Transition to sustainable fisheries. 
Sec. 117. North Pacific and northwest Atlantic Ocean fisheries. 
TITLE II—FISHERY MONITORING AND RESEARCH 
Sec. 201. Change of title. 
Sec. 202. Registration and information management. 
Sec. 203. Information collection. 
Sec. 204. Observers. 
Sec. 205. Fisheries research. 
. 
Sec. 206. Incidental harvest research. 
Sec. 207. Miscellaneous research. 
Sec. 208. Study of contribution of bycatch to charitable organizations. 
Sec. 209. Study of identification methods for harvest stocfa. 
Sec. 210. Review of Northeast fishery stock assessments. 
Sec. 211. Clerical amendments. 
TITLE III—FISHERIES FINANCING 
Sec. 301. Short title. 
Sec. 302. Individual fishing quota loans. 
Sec. 303. Fisheries financing and capacity reduction. 
TITLE IV—MARINE FISHERY STATUTE REAUTHORIZATIONS 
Sec. 401. Marine fish program authorization of appropriations. 
110 STAT. 3560 
PUBLIC LAW 104-297—OCT. 11, 1996 
Sec. 402. Interjurisdictional Fisheries Act amendments. 
Sec. 403. Anadromous fisheries amendments. 
Sec. 404. Atlantic coastal fisheries amendments. 
Sec. 405. Technical amendments to maritime boundary agreement. 
Sec. 406. Amendments to the Fisheries Act. 
SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION 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 provision, the reference shall 
be considered to be made to a section or other provision of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.). 
TITLE I—CONSERVATION AND 
MANAGEMENT 
SEC. 101. FINDINGS; PURPOSES; POLICY. 
Section 2 (16 U.S.C. 1801) is amended— 
(1) by striking subsection (a)(2) and inserting the following: 
"(2) Certain stocks of fish have declined to the point where 
their survival is threatened, and other stocks of fish have 
been so substantially reduced in number that they could become 
similarly threatened as a consequence of (A) increased fishing 
pressure, (B) the inadequacy of fishery resource conservation 
£ind management practices and controls, or (C) direct and 
indirect habitat losses which have resulted in a diminished 
capacity to support existing fishing levels."; 
(2) by inserting "to facilitate long-term protection of essen-
tial fish habitats," in subsection (a)(6) after "conservation,"; 
(3) by adding at the end of subsection (a) the following: 
"(9) One of the greatest long-term threats to the viability 
of commercial and recreational fisheries is the continuing loss 
of marine, estuarine, £uid other aquatic habitats. Habitat 
considerations should receive increased attention for the con-
servation and mgmagement of fishery resources of the United 
States. 
"(10) Pacific Insular Areas contain unique historical, cul-
tural, legal, political, and geographical circumstances which 
make fisheries resources important in sustaining their economic 
growth."; 
(4) by striking "principles;" in subsection (b)(3) and insert-
ing "principles, including the promotion of catch and release 
programs in recreational fishing;"; 
(5) by striking "and" after the semicolon at the end of 
subsection (b)(5); 
(6) by striking "development." in subsection (b)(6) and 
inserting "development in a non-wasteful manner; and"; 
(7) by adding at the end of subsection (b) the following: 
"(7) to promote the protection of essential fish habitat in 
the review of projects conducted under Federal permits, 
licenses, or other authorities that affect or have the potential 
to affect such habitat."; 
(8) in subsection (c)(3)— 
(A) by striking "promotes" and inserting "considers"; 
and 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3561 
(B) by inserting "minimize bycatch and" after "practical 
measures that"; 
(9) striking "and" at the end of paragraph (c)(5); 
(10) strikmg the period at the end of paragraph (c)(6) 
and inserting "; and"; and 
(11) adding at the end of subsection (c) a new paragraph 
as follows: 
"(7) to ensure that the fishery resources adjacent to a 
Pacific Insular Area, including resident or migratory stocks 
within the exclusive economic zone adjacent to such areas, 
be explored, developed, conserved, and managed for the benefit 
of the people of such area and of the United States.". 
SEC. 102. DEFINITIONS. 
Section 3 (16 U.S.C. 1802) is amended— 
(1) by redesignating paragraphs (2) through (32) as para-
graphs (5) through (35) respectively, and inserting after para-
graph (1) the following: 
"(2) The term Taycatch' means fish which are harvested 
in a fishery, but which are not sold or kept for personal use, 
and includes economic discards and regulatory discards. Such 
term does not include fish released alive under a recreational 
catch and release fishery meinagement program. 
"(3) The term 'charter fishmg' means fishing fi*om a vessel 
carrying a passenger for hire (as defined in section 2101(2 la) 
of title 46, United States Code) who is engaged in recreational 
fishing. 
"(4) The term 'commercial fishing* meeins fishing in which 
the fish harvested, either in whole or in part, are intended 
to enter commerce or enter commerce through s£de, barter 
or trade."; 
(2) in paragraph (7) (as redesignated)— 
(A) by striking "COELENTERATA" fi-om the heading 
of the list of corgds and inserting "CNIDARIA"; and 
(B) 
in 
the 
list 
appearing 
imder 
the 
heading 
"CRUSTACEA", by striking "Deep-sea Red Crab—Geryon 
quinquedens" and inserting "Deep-sea Red Crab—Chaceon 
quinquedens"; 
(3) by redesignating paragraphs (9) through (35) (as 
redesignated) as paragraphs (11) through (37), respectively, 
and inserting after paragraph (8) (as redesignated) the follow-
ing: 
"(9) The term 'economic discsirds' means fish which are 
the target of a fishery, but which are not retained because 
they are of an undesirable size, sex, or quality, or for other 
economic reasons. 
"(10) The term 'essential fish habitat' means those waters 
and substrate necessary to fish for spawning, breeding, feeding 
or growth to maturity."; 
(4) by redesignating paragraphs (16) through (37) (as 
redesignated) as paragraphs (17) through (38), respectively, 
and inserting after paragraph (15) (as redesignated) the follow-
ing: 
"(16) The term 'fishing community means a community 
which is substantially dependent on or substantially engaged 
in the harvest or processing of fishery resources to meet sociaJ 
and economic needs, and includes fishing vessel owners, opera-
110 STAT. 3562 
PUBLIC LAW 104-297—OCT. 11, 1996 
tors, and crew and United States fish processors that are based 
in such community."; 
(5) by redesignating paragraphs (21) through (38) (as 
redesignated) as paragraphs (22) through (39), respectively, 
and inserting after paragraph (20) (as redesignated) the follow-
ing: 
"(21) The term 'individual fishing quota' means a Federal 
permit under a limited access system to harvest a quantity 
of fish, expressed by a unit or units representing a percentage 
of the total allowable catch of a fishery that may be received 
or held for exclusive use by a person. Such term does not 
include community development quotas as described in section 
305(i)."; 
(6) by striking "of one and one-half miles" in paragraph 
(23) (as redesignated) and inserting "of two and one-half kilo-
meters"; 
(7) by striking paragraph (28) (as redesignated), and insert-
ing the following: 
"(28) The term 'optimum', with respect to the yield fi*om 
a fishery, means the amount offish which— 
"(A) will provide the greatest overall benefit to the 
Nation, particularly with respect to food production and 
recreational opportunities, and taking into account the 
protection of marine ecosystems; 
"(B) is prescribed on the basis of the maximum sustain-
able 3rield fi-om the fishery, as reduced by any relevant 
social, economic, or ecological factor; and 
"(C) in the case of an overfished fishery, provides for 
rebuilding to a level consistent with producing the m£ixi-
mum sustainable yield in such fishery."; 
(8) by redesignating paragraphs (29) through (39) (as 
redesignated) as paragraphs (31) through (41), respectively, 
and inserting after paragraph (28) (as redesignated) the follow-
ing: 
"(29) The terms 'overfishing* and 'overfished' mean a rate 
or level of fishing mortality that jeopardizes the capacity of 
a fishery to produce the maximum sustainable yield on a 
continuing basis. 
"(30) The term 'Pacific Insular Area' means AmericEui 
Samoa, Guam, the Northern Mariana Islands, Baker Island, 
Rowland Island, Jarvis Island, Johnston Atoll, Kingman Reef, 
Midway Island, Wake Island, or Palmyra Atoll, as applicable, 
and includes all islands and reefs appurtenant to such island, 
reef, or atoll."; 
(9) by redesignating paragraphs (32) through (41) (as 
redesignated) as paragraphs (34) through (43), respectively, 
and inserting after paragraph (31) (as redesignated) the follow-
ing: 
"(32) The term 'recreational fishing* means fishing for sport 
or pleasure. 
"(33) The term 'regulatory discards' means fish harvested 
in a fishery which fishermen are required by regulation to 
discard whenever caught, or are required by regulation to retain 
but not sell."; 
(10) by redesignating paragraphs (36) through (43) (as 
redesignated) as paragraphs (37) through (44), respectively. 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3563 
and inserting after paragraph (35) (as redesignated) the follow-
ing: 
"(36) The term 'special areas' means the areas referred 
to as eastern special areas in Article 3(1) of the Agreement 
between the United States of America and the Union of Soviet 
Socialist RepubUcs on the Maritime Boundary, signed June 
1, 1990. In particular, the term refers to those areas east 
of the maritime boundary, as defined in that Agreement, that 
lie within 200 nautical miles of the baselines from which the 
breadth of the territorial sea of Russia is measured but beyond 
200 nautical miles of the baselines from which the breadth 
of the territorial sea of the United States is measured,"; 
(11) by striking "for which a fishery management plan 
prepared under title III or a preliminary fishery management 
plan prepared under section 201(g) has been implemented" 
in paragraph (42) (as redesignated) and inserting "regulated 
under tms Act"; and 
(12) by redesignating paragraph (44) (as redesignated) as 
paragraph (45), and inserting after paragraph (43) the follow-
mg: 
"(44) The term Vessel subject to the jurisdiction of the 
United States' has the ssime meaning such term has in section 
3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. 
App. 1903(c)).". 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
The Act is amended by inserting after section 3 (16 U.S.C. 
1802) the following: 
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 1803. 
"There are authorized to be appropriated to the Secretary for 
the purposes of carrying out the provisions of this Act, not to 
exceed the following siuns: 
"(1) $147,000,000 for fiscal year 1996; 
"(2) $151,000,000 for fiscal year 1997; 
"(3) $155,000,000 for fiscal year 1998; and 
"(4) $159,000,000 for fiscal year 1999.". 
SEC. 104. HIGHLY MIGRATORY SPECIES. 
Section 102 (16 U.S.C. 1812) is amended by striking "promoting 
the objective of optimum utihzation" and inserting "snaU promote 
the achievement of optimum yield". 
SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREE-
MENTS. 
(a) AUTHORITY TO OPERATE UNDER TRANSSHIPMENT PERMITS.— 
Section 201 (16 U.S.C. 1821) is amended— 
(1) by striking paragraphs (1) and (2) of subsection (a) 
and inserting the following: 
"(1) is authorized imder subsections (b) or (c) or section 
204(e), or under a permit issued imder section 204(d); 
"(2) is not prohibited xinder subsection (f); and"; 
(2) by striking "(i)" in subsection (c)(2)(D) and inserting 
"(h)"; 
(3) by striking subsection (f); 
(4) by redesignating subsections (g) through (j) as sub-
sections (f) through (i), respectively; 
110 STAT. 3564 
PUBLIC LAW 104-297—OCT. 11, 1996 
(5) in paragraph (2) of subsection (h) (as redesignated), 
redesignate subparagraphs (B) and (C) as subparagraphs (C) 
and (D), respectively, £uid insert after subparagraph (A) the 
following: 
"(B) in a situation where the foreign fishing vessel 
is operating under a Pacific Insular Area fishing agreement, 
the Governor of the applicable Pacific Insular Area, in 
consultation with the Western Pacific Council, has estab-
lished an observer coverage program that is at least equal 
in effectiveness to the program established by the Sec-
retary;"; and 
(6) in subsection (i) (as redesignated) by striking "305" 
and inserting "304". 
(b) INTERNATIONAL FISHERY AGREEMENTS.—Section 202 
(16 
U.S.C. 1822) is amended— 
(1) by adding before the period at the end of subsection 
(c) "or section 204(ey'; 
(2) by adding at the end the following: 
"(h) BYCATCH REDUCTION AGREEMENTS.— 
"(1) The Secretary of State, in cooperation with the Sec-
retary, shall seek to secure an international agreement to estab-
lish standards and measures for bycatch reduction that are 
comparable to the standards and measures applicable to United 
States fishermen for such purposes in any fishery regulated 
pursuant to this Act for which the Secretary, in consultation 
with the Secretary of State, determines that such an inter-
nationed agreement is necessary and appropriate. 
"(2) An international agreement negotiated under this sub-
section shall be— 
"(A) consistent with the policies and purposes of this 
Act; and 
"(B) subject to approval by Congress under section 
203. 
Reports. 
"(3) Not later than January 1, 1997, and annually there-
after, the Secretary, in consultation with the Secretsiry of State, 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources 
of the House of Representatives a report describing actions 
taken under this subsection.". 
(c) PERIOD FOR CONGRESSIONAL REVIEW OF INTERNATIONAL 
FISHERY AGREEMENTS.—Section 203 (16 U.S.C. 1823) is amended— 
(1) by striking "GOVERNING" in the section heading; 
(2) by striking "agreement" each place it appears in sub-
section (a) and inserting "agreement, bycatch reduction agree-
ment, or Pacific Insular Area fishery agreement"; 
(3) by striking "60 calendar days of continuous session 
of the Congress" in subsection (a) eind inserting "120 days 
(excluding any days in a period for which the Congress is 
adjourned sine die)"; 
(4) by striking subsection (c); 
(5) by redesignating subsection (d) as subsection (c); and 
(6) by striking "agreement" in subsection (c)(2)(A), as 
redesignated, and inserting "agreement, bycatch reduction 
agreement, or Pacific Insular Area fishery agreement". 
(d) TRANSSHIPMENT PERMITS AND PACIFIC INSULAR AREA FISH-
ING.— Section 204 (16 U.S.C. 1824) is amended— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3565 
(1) by inserting "or subsection (d)" in the first sentence 
of subsection (b)(7) after "under paragraph (6)"; 
(2) by striking "the regulations promulgated to implement 
any such plan" in subsection (b)(7)(A) and inserting "any 
applicable Federal or State fishing regulations"; 
(3) by inserting "or subsection (d)" in subsection (b)(7)(D) 
after "paragraph (6)(B)"; and 
(4) by adding at the end the following: 
"(d) TRANSSHIPMENT PERMITS.— 
"(1) AUTHORITY TO ISSUE PERMITS.—The Secretary may 
issue a transshipment permit under this subsection which 
authorizes a vessel other than a vessel of the United States 
to engage in fishing consisting solely of transporting fish or 
fish products at sea from a point witlun the exclusive economic 
zone or, with the concurrence of a State, within the boundaries 
of that State, to a point outside the United States to any 
person who— 
"(A) submits an application which is approved by the 
Secretary under paragraph (3); and 
"(B) pays a fee imposed under paragraph (7). 
"(2) TRANSMITTAL.—Upon receipt of an application for a 
permit under this subsection, the Secretary shall promptly 
transmit copies of the application to the Secretary of State, 
Secretary of the department in which the Coast Gueird is operat-
ing, any appropriate Council, and any affected State. 
"(3) 
APPROVAL OF APPLICATION.—The 
Secretary 
may 
approve, in consultation with the appropriate Council or Marine 
Fisheries Commission, an application for a permit under this 
section if the Secretary determines that— 
"(A) the trsuisportation of fish or fish products to be 
conducted imder the permit, as described in the application, 
will be in the interest of the United States and will meet 
the applicable requirements of this Act; 
"(B) the appHcant will comply with the requirements 
described in section 201(c)(2) with respect to activities 
authorized by any permit issued pursusuit to the applica-
tion; 
"(C) the applicant has estabUshed £iny bonds or finan-
cial assurances that may be required 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 application is submitted has 
indicated to the Secretary an interest in performing the 
transportation at fair and reasonable rates. 
"(4) WHOLE OR PARTIAL APPROVAL.—The Secretary may 
approve all or any portion of an application under paragraph 
(3). 
"(5) FAILURE TO APPROVE APPLICATION.—If the Secretary 
does not approve any portion of an application submitted under 
paragraph (1), the Secretary shall promptly inform the 
apphcant and specify the reasons therefor. 
"(6) CONDITIONS AND RESTRICTIONS.—The Secretary shall 
establish and include in each permit under this subsection 
conditions and restrictions, including those conditions and 
restrictions set forth in subsection (b)(7), which shall be com-
110 STAT. 3566 
PUBLIC LAW 104-297—OCT. 11, 1996 
plied with by the owner and operator of the vessel for which 
the permit is issued. 
"(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, 
except that the Secretary shall waive the fee for the permit 
if the foreign nation under which the vessel is registered does 
not collect a fee from a vessel of the United States engaged 
in similar activities in the waters of such foreign nation. 
"(e) PACIFIC INSULAR AREAS.— 
"(1) NEGOTIATION OF PACIFIC INSULAR AREA FISHERY AGREE-
MENTS.—The Secretary of State, with the concurrence of the 
Secretary and in consultation with £iny appropriate Council, 
may negotiate and enter into a Pacific Insular Area fishery 
agreement to authorize foreign fishing within the exclusive 
economic zone adjacent to a Pacific Insular Area— 
"(A) in the case of American Samoa, Guam, or the 
Northern Mariana Islands, at the request and with the 
concurrence of, £ind in consultation with, the Governor 
of the Pacific Insular Area to which such agreement applies; 
and 
"(B) in the case of a Pacific Insular Area other than 
American Samoa, Guam, or the Northern Mariana Islands, 
at the request of the Western Pacific Council. 
"(2) AGREEMENT TERMS AND CONDITIONS.—A Pacific Insular 
Area fishery agreement— 
"(A) shall not be considered to supersede any governing 
international fishery agreement currently in effect under 
this Act, but shall provide an alternative basis for the 
conduct of foreign fishing within the exclusive economic 
zone adjacent to Pacific Insular Areas; 
"(B) shall be negotiated and implemented consistent 
only with the governing international fishery agreement 
provisions of this title specifically made applicable in this 
subsection; 
"(C) may not be negotiated with a nation that is in 
violation of a governing international fishery agreement 
in effect under this Act; 
"(D) shall not be entered into if it is determined by 
the Governor of the applicable Pacific Insular Area with 
respect to agreements initiated under paragraph (1)(A), 
or the Western Pacific Council with respect to agreements 
initiated under paragraph (1)(B), that such an agreement 
will adversely affect the fishing activities of the indigenous 
people of such Pacific Insular Area; 
"(E) shall be valid for a period not to exceed three 
years and shall only become effective according to the proce-
dures in section 203; and 
"(F) shall require the foreign nation and its fishing 
vessels to comply with the requirements of paragraphs 
(1), (2), (3) and (4)(A) of section 201(c), section 201(d), 
and section 201(h). 
"(3) PERMITS FOR FOREIGN FISHING.— 
"(A) Application for permits for foreign fishing author-
ized under a Pacific Insular Areas fishing agreement shall 
be made, considered and approved or disapproved in accord-
ance with paragraphs (3), (4), (5), (6), (7) (A) and (B), 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3567 
(8), and (9) of subsection (b), and shall include any condi-
tions and restrictions established by the Secretary in con-
sultation with the Secretary of State, the Secretary of 
the department in which the Coast Guard is operating, 
the Governor of the applicable Pacific Insular Area, and 
the appropriate Council. 
"(B) If a foreign nation notifies the Secretary of State 
of its acceptance of the requirements of this paragraph, 
paragraph (2)(F), and paragraph (5), including any condi-
tions and restrictions established under subparagraph (A), 
the Secretary of State shall promptly transmit such 
notification to the Secretary. Upon receipt of any payment 
required imder a Pacific Insular Area fishing agreement, 
the Secretary shall thereupon issue to such foreign nation, 
through the Secretary of State, permits for the appropriate 
fishing vessels of that nation. Each permit shall contain 
a statement of all of the requirements, conditions, and 
restrictions established under this subsection which apply 
to the fishing vessel for which the permit is issued. 
"(4) MARINE CONSERVATION PLANS.— 
"(A) Prior to entering into a Pacific Insular Area fishery 
agreement, the Western Pacific Council and the appropriate 
Governor shall develop a 3-year marine conservation plan 
detailing uses for funds to be collected by the Secretary 
pursuant to such agreement. Such plan shall be consistent 
with any applicable fishery management plan, identify con-
servation and management objectives (including criteria 
for determining when such objectives have been met), and 
prioritize planned marine conservation projects. Conserva-
tion and management objectives shall include, but not be 
limited to— 
"(i) establishment of Pacific Insular Area observer 
programs, approved by the Secretary in consultation 
with the Western Pacific Council, that provide observer 
coverage for foreign fishing under Pacific Insular Area 
fishery agreements that is at least equal in effective-
ness to the program established by the Secretary under 
section 201(h); 
"(ii) conduct of marine and fisheries research, 
including development of systems for information 
collection, analysis, evaluation, and reporting; 
"(iii) conservation, education, and 
enforcement 
activities related to marine and coastal management, 
such as living marine resource assessments, habitat 
monitoring and coastal studies; 
"(iv) grants to the University of Hawaii for tech-
nical assistance projects by the Pacific Island Network, 
such as education and training in the development 
and implementation of sustainable marine resources 
development projects, scientific research, and conserva-
tion strategies; and 
"(v) western Pacific community-based demonstra-
tion projects imder section 112(b) of the Sustainable 
Fisheries Act and other coastal improvement projects 
to foster and promote the management, conservation, 
and economic enhemcement of the Pacific Insular 
Areas. 
110 STAT. 3568 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(B) In the case of American Samoa, Guam, and the North-
em Mariana Islands, the appropriate Governor, with the 
concurrence of the Western Pacific Council, shall develop the 
marine conservation plan described in subparagraph (A) and 
submit such plan to the Secretary for approve. In the case 
of other Pacific Insular Areas, the Western Pacific Council 
shall develop and submit the marine conservation plan 
described in subpgiragraph (A) to the Secretanr for approval. 
"(C) If a Governor or the Western Pacific Council intends 
to request that the Secretary of State renew a Pacific Insular 
Area fishery agreement, a subsequent 3-year plan shall be 
submitted to the Secretary for approval by the end of the 
second yeeir of the existing 3-year plan. 
"(5) RECIPROCAL CONDITIONS.—Except as expressly pro-
vided otherwise in this subsection, a Pacific Insular Area fishing 
agreement may include terms similar to the terms applicable 
to United States fishing vessels for access to similar fisheries 
in waters subject to the fisheries jurisdiction of another nation. 
"(6) USE OF PAYMENTS BY AMERICAN SAMOA, GUAM, NORTH-
ERN MARIANA ISLANDS.—Any pa3anents received by the Sec-
retary under a Pacific Insular Area fishery agreement for Amer-
ican Samoa, Guam, or the Northern Marisuia Isleuids shall 
be deposited into the United States Treasury and then covered 
over to the Treasury of the Pacific Insular Area for which 
those funds were collected. Amounts deposited in the Treasury 
of a Pacific Insular Area shall be avedlable, without appropria-
tion or fiscal year limitation, to the Governor of the Pacific 
Insular Area— 
"(A) to carry out the purposes of this subsection; 
"(B) to compensate (i) the Western Pacific Council for 
mutually agreed upon administrative costs incurred relat-
ing to any Pacific Insular Area fishery agreement for such 
Pacific Insular Area, and (ii) the Secretary of State for 
mutuedly agreed upon travel expenses for no more than 
2 Federal representatives incurred as a direct result of 
compljdng with paragraph (1)(A); and 
"(C) to implement a marine conservation plan devel-
oped and approved under paragraph (4). 
"(7) 
WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.— 
There is established in the United States Treasury a Western 
Pacific Sustainable Fisheries Fund into which euiy payments 
received by the Secretary under a Pacific Insular Area fishery 
agreement for any Pacific Insular Area other than American 
Samoa, Guam, or the Northern Mariana Islands shall be depos-
ited. The Western Pacific Sustainable Fisheries Fund shall 
be made available, without appropriation or fiscal year limita-
tion, to the Secretary, who shall provide such funds only to— 
"(A) the Western Pacific Council for the purpose of 
carrying out the provisions of this subsection, including 
implementation of a marine conservation plan approved 
under paragraph (4); 
"(B) the Secretary of State for mutually agreed upon 
travel expenses for no more than 2 Federal representatives 
incurred as a direct result of complying with paragraph 
(1)(B); and 
"(C) the Western Pacific Council to meet conservation 
and management objectives in the State of Hawaii if monies 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3569 
rem£iin in the Western Pacific Sustainable Fisheries Fund 
after the funding requirements of subparagraphs (A) eind 
(B) have been satisfied. 
Amounts deposited in such fimd shall not diminish fimding 
received by the Western Pacific Council for the purpose of 
carrying out other responsibilities under this Act. 
"(8) USE OF FINES AND PENALTIES.—In the case of violations 
occurring within the exclusive economic zone off American 
Seunoa, Guam, or the Northern Mariana Islands, amounts 
received by the Secretary which are attributable to fines or 
pensdties imposed under this Act, including such sums collected 
fi*om the forfeiture and disposition or sale of property seized 
subject to its authority, after payment of direct costs of the 
enforcement action to all entities involved in such action, shall 
be deposited into the Treasury of the Pacific Insular Area 
adjacent to the exclusive economic zone in which the violation 
occurred, to be used for 
fisheries 
enforcement 
and 
for 
implementation of a marine conservation plan imder paragraph 
(4).". 
(e) ATLANTIC HERRING TRANSSHIPMENT.—Within 30 days of 
receiving an application, the Secretary shall, under section 204(d) 
of the Magnuson Fishery Conservation and Management Act, as 
amended by this Act, issue permits to up to fourteen Canadian 
transport vessels that are not equipped for fish harvesting or 
processing, for the transshipment, within the boimdaries of the 
State of Maine or within the portion of the exclusive economic 
zone east of the line 69 degrees 30 minutes west and within 12 
nautical miles fi*om the seaward boundary of that State, of Atlsintic 
herring harvested by United States fishermen within the area 
described and used solely in sardine processing. In issuing a permit 
pursuant to this subsection, the Secretary shall provide a waiver 
under section 201(h)(2)(C) of the Magnuson Fishery Conservation 
and Management Act, as amended by this Act: Provided, That 
such vessels comply with Federal or State monitoring and reporting 
requirements for the Atlantic herring fishery, including the station-
ing of United States observers aboard such vessels, if necessary. 
(f) LARGE SCALE DRIFTNET FISHING.—Section 206 (16 U.S.C. 
1826) is amended— 
(1) in subsection (e), by striking paragraphs (3) and (4), 
and redesignating paragraphs (5) and (6) as (3) and (4), respec-
tively; and 
(2) in subsection (f), by striking "(e)(6)," and inserting 
"(e)(4),". 
(g) RUSSIAN FISHING IN THE BERING SEA.—NO later than Reports. 
September 30, 1997, the North Pacific Fishery Management Coim-
cil, in consultation with the North Pacific and Bering Sea Advisory 
Body, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources 
of the House of Representatives a report describing the institutioneJ 
structures in Russia pertaining to stock assessment, management, 
and enforcement for fishery harvests in the Bering Sea, and rec-
ommendations for improving coordination between the United 
States and Russia for managing and conserving Bering Sea fishery 
resources of mutual concern. 
110 STAT. 3570 
PUBLIC LAW 104-297—OCT. 11, 1996 
SEC. 106. NATIONAL STANDARDS. 
(a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by strik-
ing "promote" and inserting "consider". 
(b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding 
at the end thereof the following: 
"(8) Conservation and management measures shall, consist-
ent with the conservation requirements of this Act (including 
the prevention of overfishing and rebuilding of overfished 
stocks), take into account the importance of fishery resources 
to fishing communities in order to (A) provide for the sustained 
participation of such communities, and (B) to the extent prac-
ticable, minimize adverse economic impacts on such commu-
nities. 
"(9) Conservation and management measures shall, to the 
extent practicable, (A) minimize bycatch and (B) to the extent 
bycatch cannot be avoided, minimize the mortality of such 
bycatch. 
"(10) Conservation and management measures shall, to 
the extent practicable, promote the safety of human life at 
sea.". 
SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS. 
(a) Section 302(a) (16 U.S.C. 1852(a)) is amended— 
(1) by inserting "(1)" after the subsection heading; 
(2) by redesignating paragraphs (1) through (8) as subpara-
graphs (A) through (H), respectively; 
(3) by striking "section 304(f)(3)" wherever it appears and 
inserting "paragraph (3)"; 
(4) in paragraph (1)(B), as amended— 
(A) by striking "sind Virginia" and inserting "Virginia, 
and North Carolina"; 
(B) by inserting "North Carolina, and" after "except"; 
(C) by striking "19" and inserting "21"; and 
(D) by striking "12" and inserting "13"; 
(5) by striking paragraph (1)(F), as redesignated, and 
inserting the following: 
"(F) PACIFIC COUNCIL.—The Pacific Fishery Manage-
ment Council shall consist of the States of California, 
Oregon, Washington, and Idaho and shall have authority 
over the fisheries in the Pacific Ocean seaward of such 
States. The Pacific Council shall have 14 voting members, 
including 8 appointed by the Secretary in accordance with 
subsection (b)(2) (at least one of whom shall be appointed 
from each such State), and including one appointed from 
an Indian tribe with Federally recognized fishing rights 
from California, Oregon, Washington, or Idaho in accord-
ance with subsection (b)(5)."; 
(6) by indenting the sentence at the end thereof and insert-
ing "(2)" before "Each Council"; and 
(7) by adding at the end the following: 
"(3) The Secretary shall have authority over any highly 
migratory species fishery that is within the geographical area 
of authority of more than one of the following Councils: New 
England Council, Mid-Atlantic Council, South Atlantic Council, 
Gulf Council, and Caribbean Council.". 
(b) Section 302(b) (16 U.S.C. 1852(b)) is amended— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3571 
(1) by striking "subsection (b)(2)" in paragraphs (1)(C) and 
(3), and inserting in both places "paragraphs (2) and (5)"; 
(2) by striking the last sentence in paragraph (3) and 
inserting the following: "Any term in which an individual was 
appointed to replace a member who left office during the term 
shall not be counted in determining the number of consecutive 
terms served by that Council member."; and 
(3) by striking paragraph (5) and inserting after paragraph 
(4) the following: 
"(5)(A) The Secretary shall appoint to the Pacific Coiuicil 
one representative of an Indian tribe with Federally recognized 
fishing rights fi*om California, Oregon, Washington, or Idaho 
fi'om a list of not less than 3 individuals submitted by the 
tribal governments. The Secretary, in consultation with the Regulations. 
Secretary of the Interior and tribal governments, shall establish 
by regulation the procedure for submitting a list under this 
subparagraph. 
"(B) Representation shall be rotated among the tribes tak-
ing into consideration— 
"(i) the qualifications of the individuals on the list 
referred to in subparagraph (A), 
"(ii) the various rights of the Indian tribes involved 
and judicial cases that set forth how those rights are to 
be exercised, and 
"(iii) the geographic area in which the tribe of the 
representative is located. 
"(C) A vacancy occurring prior to the expiration of any 
term shall be filled in the same manner as set out in subpara-
graphs (A) and (B), except that the Secretary may use the 
list fi-om which the vacating representative was chosen. 
"(6) The Secretary may remove for cause any member 
of a Council required to be appointed by the Secretary in 
accordance with paragraphs (2) or (5) if— 
"(A) the Council concerned first recommends removal 
by not less than two-thirds of the members who are voting 
members and submits such removal recommendation to 
the Secretary in writing together with a statement of the 
basis for the recommendation; or 
"(B) the member is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 
554 of title 5, United States Code, to have committed 
an act prohibited by section 307(l)(O).". 
(c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first 
sentence— 
(1) by striking "each Council," and inserting "each Council 
who are required to be appointed by the Secretary £md"; and 
(2) by striking "shall, imtil January 1, 1992," and all that 
follows through " ( J S - 1 6 " and inserting "shall receive compensa-
tion at the daily rate for GS-15, step 7". 
(d) 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 Coimcil 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.". 
110 STAT. 3572 
PUBLIC LAW 104-297—OCT. 11, 1996 
(e) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignat-
ing paragraph (4) as paragraph (5), and by inserting after paragraph 
(3) the following: 
"(4) The Secretary shall establish advisory panels to assist 
in the collection and evaluation of information relevant to the 
development of any fishery management plan or plan amend-
ment for a fishery to which subsection (a)(3) applies. Each 
advisory pemel shall participate in all aspects of the develop-
ment of the plan or amendment; be balanced in its representa-
tion of commercial, recreational, and other interests; and consist 
of not less than 7 individuals who are knowledgeable about 
the fishery for which the plan or amendment is developed, 
selected fi*om among— 
"(A) members of advisory committees and species work-
ing groups appointed under Acts implementing relev£int 
intemationed fishery agreements pertaining to highly 
migratory species; and 
"(B) other interested persons.". 
(f) Section 302(h) (16 U.S.C. 1852(h)) is amended— 
(1) by strUsing paragraph (1) and inserting the following: 
"(1) for each fishery imder its authority that requires con-
servation and management, prepare and submit to the Sec-
retary (A) a fishery management plan, and (B) amendments 
to each such plan that Eire necessary from time to time (and 
promptly whenever changes in conservation and management 
measures in another fishery substantially affect the fishery 
for which such plan was developed);"; 
(2) in paragraph (2)— 
(A) by striking "section 204(b)(4)(C)," in paragraph (2) 
and inserting "section 204(b)(4)(C) or section 204(d),"; 
(B) by striking "304(c)(2)" and inserting "304(c)(4)"; 
and 
(3) by striking "304(f)(3)" in paragraph (5) and inserting 
"subsection (a)(3)". 
(g) Section 302 is amended further by striking subsection (i), 
and by redesignating subsections (j) and (k) as subsections (i) and 
(j), respectively. 
(h) Section 302(i), as redesignated, is amended— 
(1) by striking "of the Councils" in paragraph (1) and insert-
ing "established under subsection (g)"; 
(2) by striking "of a Council:" in paragraph (2) and inserting 
"established under subsection (g):"; 
(3) by striking "Council's" in paragraph (2)(C); 
(4) by adding the following at the end of paragraph (2)(C): 
"The published agenda of the meeting may not be modified 
to include additional matters for Council action without public 
notice or within 14 days prior to the meeting date, unless 
such modification is to address an emergency action under 
section 305(c), in which case public notice shall be given imme-
diately."; 
(5) by adding the following at the end of paragraph (2)(D): 
"All written information submitted to a Council by an interested 
person shall include a statement of the source and date of 
such information. Any oral or written statement shall include 
a brief description of the background and interests of the person 
in the subject of the oral or written statement."; 
(6) by striking paragraph (2)(E) and inserting: 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3573 
"(E) Detailed minutes of each meeting of the Council, 
except for any closed session, shall be kept and shall con-
tain a record of the persons present, a complete and 
accurate description of matters discussed and conclusions 
reached, and copies of all statements filed. The Chairman 
shall certify the accuracy of the minutes of each such 
meeting and submit a copy thereof to the Secretary. The 
minutes shall be made available to any court of competent 
jurisdiction."; 
(7) by striking "by the Council" the first place it appears 
in paragraph (2)(F); 
(8) by inserting "or the Secretary, as appropriate" in para-
graph (2)(F) after "of the Council"; 
(9) by striking "303(d)" each place it appears in paragraph 
(2)(F) and inserting "402(b)"; and 
(10) by striking "303(d)" in paragraph (4) and inserting 
"402(b)". 
(i) Section 302(j), as redesignated, is amended— 
(1) by inserting "and Recusal" after "Interest" in the sub-
section heading; 
(2) by striking paragraph (1) and inserting the following: 
"(1) For the purposes of this subsection— 
"(A) the term 'affected individual' means an individual 
who— 
"(i) is nominated by the Governor of a State for 
appointment as a voting member of a Council in accord-
ance with subsection (b)(2); or 
"(ii) is a voting member of a Council appointed— 
"(I) under subsection (b)(2); or 
"(II) under subsection (b)(5) who is not subject 
to disclosure and recusal requirements under the 
laws of an Indian tribal government; and 
"(B) the term 'designated official' means a person with 
expertise in Federal conflict-of-interest requirements who 
is designated by the Secretary, in consultation with the 
Council, to attend Council meetings and make determina-
tions under paragraph (7)(B)."; 
(3) by striking "(1)(A)" in paragraph (3)(A) and inserting 
"(l)(A)(i)"; 
(4) by striking "(1)(B) or (C)" in paragraph (3)(B) and 
inserting "(l)(A)(ii)"; 
(5) by striking "(1)(B) or (C)" in paragraph (4) and inserting 
"(l)(A)(ii)"; 
(6)(A) by striking "and" at the end of paragraph (5)(A); 
(B) by striking the period at the end of paragraph (5)(B) 
Eind inserting a semicolon and the word "and"; and 
(C) by adding at the end of paragraph (5) the following: 
"(C) be kept on file by the Secretary for use in review-
ing determinations imder paragraph (7)(B) and made avail-
able for public inspection at reasonable hours."; 
(7) by striking "(1)(B) or (C)" in paragraph (6) and inserting 
"(l)(A)(ii)"; 
(8) by redesignating paragraph (7) as paragraph (8) and 
inserting after paragraph (6) the following: 
"(7)(A) After the effective date of regulations promulgated 
under subparagraph (F) of this paragraph, an affected individ-
ual required to disclose a financisd interest imder paragraph 
Records. 
Certification. 
110 STAT. 3574 
PUBLIC LAW 104-297—OCT. 11, 1996 
(2) shall not vote on a Council decision which would have 
a significant and predictable effect on such finsmcial interest. 
A Council decision shall be considered to have a significant 
and predictable effect on a financial interest if there is a close 
causal link between the Council decision and an expected and 
substantially disproportionate benefit to the financial interest 
of the affected individual relative to the financial interests 
of other participants in the same gear type or sector of the 
fishery. An affected individual who may not vote may partici-
pate in Council deliberations relating to the decision after 
notifying the Council of the voting recusal and identifying the 
financial interest that would be affected. 
"(B) At the request of an affected individual, or upon the 
initiative of the appropriate designated official, the designated 
official shall make a determination for the record whether 
a Council decision would have a significant £ind predictable 
effect on a financial interest. 
"(C) Any Council member may submit a written request 
to the Secretary to review any determination by the designated 
official under subparagraph (B) within 10 days of such deter-
mination. Such review shall be completed within 30 days of 
receipt of the request. 
"(D) Any affected individual who does not vote in a Council 
decision in accordance with this subsection may state for the 
record how he or she would have voted on such decision if 
he or she had voted. 
"(E) If the Coimcil makes a decision before the Secretary 
has reviewed a determination under subparagraph (C), the 
eventual ruling may not be treated as cause for the invalidation 
or reconsideration by the Secretary of such decision. 
Regulations. 
"(F) The Secretary, in consultation with the Coimcils and 
by not later than one year from the date of enactment of 
the Sustainable Fisheries Act, shall promulgate regulations 
which prohibit an affected individual from voting in accordance 
with subparagraph (A), and which allow for the making of 
determinations under subparagraphs (B) and (C)."; and 
(9) by striking "(1)(B) or (C)" in paragraph (8), as redesig-
nated, and inserting "(l)(A)(ii)". 
SEC. 108. FISHERY MANAGEMENT PLANS. 
(a) REQUIRED PROVISIONS.—Section 303(a) (16 U.S.C. 1853(a)) 
is amended— 
(1) in paragraph (1)(A) by inserting "and rebuild overfished 
stocks" after "overfishing"; 
(2) by inserting "commercial, recreational, and charter fish-
ing in" in paragraph (5) after "with respect to"; 
(3) by striking paragraph (7) and inserting the following: 
"(7) describe and identify essential fish habitat for the 
fishery based on the guidelines established by the Secretary 
under section 305(b)(1)(A), minimize to the extent practicable 
adverse effects on such habitat caused by fishing, and identify 
other actions to encourage the conservation and enhancement 
of such habitat;"; 
(4) by striking "and" at the end of paragraph (8); 
(5) by inserting "and fishing communities" after "fisheries" 
in paragraph (9)(A); 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3575 
(6) by striking the period at the end of paragraph (9) 
and inserting a semicolon; and 
(7) by adding at the end the following: 
"(10) specify objective and measurable criteria for identify-
ing when the fishery to which the plan applies is overfished 
(with an analysis of how the criteria were determined and 
the relationship of the criteria to the reproductive potential 
of stocks of fish in that fishery) and, in the case of a fishery 
which the Council or the Secretary has determined is approach-
ing an overfished condition or is overfished, contain conserva-
tion and management measures to prevent overfishing or end 
overfishing smd rebuild the fishery; 
"(11) establish a standardized reporting methodology to 
assess the amount and type of bycatch occurring in the fishery, 
and include conservation and management measures that, to 
the extent practicable and in the following priority— 
"(A) minimize bycatch; and 
"(B) minimize the mortality of bycatch which cannot 
be avoided; 
"(12) assess the type £md amount of fish caught £ind 
released alive during recreational fishing under catch and 
release fishery management programs and the mortality of 
such fish, £ind include conservation and management measures 
that, to the extent practicable, minimize mortality and ensure 
the extended survival of such fish; 
"(13) include a description of the commercial, recreational, 
and charter fishing sectors which participate in the fishery 
and, to the extent practicable, quantify trends in landings of 
the meinaged fishery resource by the commercial, recreational, 
and charter fishing sectors; and 
"(14) to the extent that rebuilding plans or other conserva-
tion and management measures which reduce the overall har-
vest in a fishery are necessary, allocate any harvest restrictions 
or recovery benefits fairly and equitably among the commercial, 
recreational, and charter fishing sectors in the fishery.". 
(b) IMPLEMENTATION.—Not later than 24 months after the date 
16 use 1853 
of enactment of this Act, each Regional Fishery Management Coun- note. 
cil shall submit to the Secretary of Commerce amendments to 
each fishery management plan under its authority to comply with 
the amendments made in subsection (a) of this section. 
(c) 
DISCRETIONARY PROVISIONS.—Section 303(b) (16 U.S.C. 
1853(b)) is amended— 
(1) by striking paragraph (3) smd inserting the following: 
"(3) establish specified limitations which are necessary £ind 
appropriate for the conservation and management of the fishery 
on the— 
"(A) catch of fish (based on area, species, size, number, 
weight, sex, bycatch, total biomass, or other factors); 
"(B) sale of fish caught during commercial, recreational, 
or charter fishing, consistent with any applicable Federal 
£ind State safety and quality requirements; and 
"(C) transshipment or transportation of fish or fish 
products under permits issued pursuant to section 204;"; 
(2) by striking "system for limiting access to" in paragraph 
(6) and inserting "limited access system for"; 
110 STAT. 3576 
PUBLIC LAW 104-297—OCT. 11, 1996 
(3) by striking "fishery" in subparagraph (E) of paragraph 
(6) and inserting "fishery and any affected fishing commu-
nities"; 
(4) by inserting "one or more" in paragraph (8) after 
"require that"; 
(5) by striking "and" at the end of paragraph (9); 
(6) by redesignating paragraph (10) as paragraph (12); 
and 
(7) by inserting after paragraph (9) the following: 
"(10) include, consistent with the other provisions of this 
Act, conservation and management measures that provide har-
vest incentives for participants within each gear group to 
employ fishing practices that result in lower levels of bycatch 
or in lower levels of the mortality of bycatch; 
"(11) reserve a portion of the allowable biological catch 
of the fishery for use in scientific research; and". 
(d) REGULATIONS.—Section 303 (16 U.S.C. 1853) is amended 
by striking subsection (c) and inserting the following: 
^ 
"(c) PROPOSED REGULATIONS.—Proposed regulations which the 
Coimcil deems necessary or appropriate for the purposes of— 
"(1) implementing a fishery management plan or plan 
amendment shall be submitted to the Secretary simultaneously 
with the plan or amendment under section 304; and 
"(2) making modifications to regulations implementing a 
fishery management plan or plan amendment may be submitted 
to the Secretary at any time after the plan or amendment 
is approved under section 304.". 
(e) INDIVIDUAL FISHING QUOTAS.—Subsection 303 (16 U.S.C. 
1853) is amended further by striking subsections (d), (e), and (f), 
and inserting the following: 
"(d) INDIVIDUAL FISHING QUOTAS.— 
"(1)(A) A Council may not submit and the Secretary may 
not approve or implement before October 1, 2000, any fishery 
management plan, plein amendment, or regulation under this 
Act which creates a new individual fishing quota program. 
"(B) Any fishery management plan, plan amendment, or 
regulation approved by the Secretary on or after January 4, 
1995, which creates any new individual fishing quota program 
shall be repealed and immediately returned by the Secretary 
to the appropriate Council and shall not be resubmitted, re-
approved, or implemented during the moratorium set forth 
in subparagraph (A). 
"(2)(A) No provision of law shall be construed to limit 
the authority of a Council to submit and the Secretary to 
approve the termination or limitation, without compensation 
to holders of any limited access system permits, of a fishery 
management plan, plan amendment, or regulation that provides 
for a limited access system, including an individual fishing 
quota program. 
"(B) This subsection shall not be construed to prohibit 
a Council from submitting, or the Secretary from approving 
and implementing, amendments to the North Pacific halibut 
and sablefish, South Atlantic wreckfish, or Mid-Atlantic surf 
clam and oce£in (including mahogany) quahog individual fishing 
quota programs. 
"(3) An individual fishing quota or other Hmited access 
system authorization— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3577 
"(A) shall be considered a permit for the purposes 
of sections 307, 308, and 309; 
"(B) may be revoked or limited at £iny time in accord-
ance with this Act; 
"(C) shall not confer giny right of compensation to the 
holder of such individual fishing quota or other such limited 
access system authorization if it is revoked or limited; 
and 
"(D) shall not create, or be construed to create, any 
right, title, or interest in or to any fish before the fish 
is hgirvested. 
"(4)(A) A Council may submit, and the Secretary may 
approve £ind implement, a program which reserves up to 25 
percent of any fees collected from a fishery under section 
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 
issue obligations that aid in financing the— 
"(i) purchase of individual fishing quotas in that fishery 
by fishermen who fish ft-om small vessels; and 
"(ii) first-time purchase of individusd fishing quotas 
in that fishery by entry level fishermen. 
"(B) A Council making a submission under subparagraph 
(A) shall recommend criteria, consistent with the provisions 
of this Act, that a fisherman must meet to qualify for guaran-
tees under clauses (i) and (ii) of subparagraph (A) and the 
portion of fimds to be allocated for guarantees under each 
clause. 
"(5) In submitting and approving any new individual fishing 
quota program on or afl:er October 1, 2000, the Councils and 
the Secretary shedl consider the report of the National Academy 
of Sciences required under section 108(f) of the Sustainable 
Fisheries Act, and any recommendations contained in such 
report, and shall ensure that any such program— 
"(A) establishes procedures and requirements for the 
review and revision of the terms of any such program 
(including any revisions that may be necessary once a 
national policy with respect to individual fishing quota 
programs is implemented), and, if appropriate, for the 
renewal, reallocation, or reissuance of individual fishing 
quotas; 
"(B) provides for the effective enforcement and manage-
ment of any such program, including adequate observer 
coverage, and for fees imder section 304(d)(2) to recover 
actual costs directly related to such enforcement and 
management; and 
"(C) provides for a fair and equitable initial allocation 
of individual fishing quotas, prevents any person fi*om 
acquiring £in excessive share of the individual 
fishing 
quotas issued, and considers the allocation of a portion 
of the annual harvest in the fishery for entry-level fisher-
men, small vessel owners, and crew members who do not 
hold or qualify for individual fishing quotas.", 
(f) INDIVIDUAL FISHING QUOTA REPORT,—(1) Not later than leuscisss 
October 1, 1998, the National Academy of Sciences, in consultation note. 
with the Secretary of Commerce and the Regional Fishery Manage-
ment Councils, shall submit to the Congress a comprehensive final 
report on individual fishing quotas, which shall include rec-
110 STAT. 3578 
PUBLIC LAW 104-297—OCT. 11, 1996 
ommendations to implement a national policy with respect to 
individual fishing quotas. The report shall adc&ess all aspects of 
such quotas, including an analysis of— 
(A) the effects of limiting or prohibiting the transferability 
of such quotas; 
(B) mechanisms to prevent foreign control of the harvest 
of United States fisheries under individual fishing quota pro-
grams, including mechanisms to prohibit persons who are not 
eligible to be deemed a citizen of the United States for the 
purpose of operating a vessel in the coastwise trade under 
section 2(a) and section 2(c) of the Shipping Act, 1916 (46 
U.S.C. 802 (a) and (c)) fi*om holding individual fishing quotas; 
(C) the impact of limiting the duration of individual fishing 
quota programs; 
(D) the impact of authorizing Federal permits to process 
a quantity of fish that correspond to individual fishing quotas, 
and of the value created for recipients of any such permits, 
including a comparison of such value to the value of the cor-
responding individual fishing quotas; 
(E) mechanisms to provide for diversity and to minimize 
adverse social and economic impacts on fishing communities, 
other fisheries affected by the displacement of vessels, and 
any impacts associated with the shuting of capital value fi*om 
fishing vessels to individual fishing quotas, as well as the 
use of capital construction funds to purchase individual fishing 
quotas; 
(F) mechanisms to provide for effective monitoring and 
enforcement, including tiie inspection of fish harvested and 
incentives to reduce bycatch, and in particular economic dis-
cards; 
(G) threshold criteria for determining whether a fishery 
may be considered for individual fishing quota management, 
including criteria related to the geographicai range, population 
dynamics and condition of a fish stock, the socioeconomic 
characteristics of a fishery (including participants' involvement 
in multiple fisheries in the region), ana participation by 
commercial, charter, and recreational fishing sectors in the 
fishery; 
(H) mechanisms to ensure that vessel owners, vessel mas-
ters, crew members, and United States fish processors are 
treated fairly and equitably in initial allocations, to require 
persons holding individu£d fishing quotas to be on board the 
vessel using such quotas, and to facilitate new entry under 
individual fishing quota programs; 
(I) potential social and economic costs and benefits to the 
nation, individu£Q fishing quota recipients, and any recipients 
of Federal permits described in subparagraph (D) under individ-
ual fishing quota programs, incluoing irom capital gains reve-
nue, the allocation of such quotas or permits through Federal 
auctions, annual fees and transfer fees at various levels, or 
other measures; 
(J) the value created for recipients of individual fishing 
quotas, including a comparison of such vsdue to the value 
of the fish harvested under such quotas £ind to the value 
of permits created by other types of limited access systems, 
£ina the effects of creating such value on fishery management 
and conservation; and 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3579 
(K) such other matters as the National Academy of Sciences 
deems appropriate. 
(2) The report shall include a detailed analysis of individual 
fishing quota programs already implemented in the United 
States, including the impacts: of any limits on transferability, 
on past and present participants, on fishing communities, on 
the rate and total amount of bycatch (including economic and 
regulatory discards) in the fishery, on the safety of life and 
vessels in the fishery, on £my excess harvesting or processing 
capacity in the fishery, on any gear conflicts in the fishery, 
on product qusdity from the fishery, on the effectiveness of 
enforcement in the fishery, on the size and composition of 
fishing vessel fleets, on the economic value created by individual 
fishing quotas for initial recipients and non-recipients, on con-
servation of the fishery resource, on fishermen who rely on 
participation in several fisheries, on the success in meeting 
any fishery management plan goals, and the fairness and 
effectiveness of the methods used for allocating quotas and 
controlling transferability. The report shall also include any 
information about individual fishing quota programs in other 
countries that may be useful. 
(3) The report shall identify and analyze alternative con-
servation and management measures, including other limited 
access systems such as individual trginsferable effort systems, 
that could accomplish the same objectives as individual fishing 
quota programs, as well as characteristics that are unique 
to individual fishing quota programs. 
(4) The Secretary of Commerce shall, in consultation with Establishment, 
the National Academy of Sciences, the Councils, the fishing 
industry, affected States, conservation organizations and other 
interested persons, establish two individual fishing quota 
review groups to assist in the preparation of the report, which 
shall represent: (A) Alaska, Hawaii, and the other Pacific 
coastal States; and (B) Atlantic coastal States and the Gulf 
of Mexico coastal States. The Secretary shall, to the extent 
practicable, achieve a balanced representation of viewpoints 
among the individuals on each review group. The review groups 
shall be deemed to be advisory panels under section 302(g) 
of the Magnuson Fishery Conservation and Management Act, 
as amended by this Act. 
(5) The Secretary of Commerce, in consultation with the 
National Academy of Sciences and the Councils, shall conduct 
public hearings in each Council region to obtain comments 
on individual fishing quotas for use by the National Academy 
of Sciences in preparing the report required by this subsection. 
The National Academy of Sciences shall submit a draft report Reports. 
to the Secretary of Commerce by January 1, 1998. The Sec- Federal Register, 
retary of Commerce shall publish in the Federal Register a publication, 
notice and opportunity for public comment on the draft of 
the report, or any revision thereof. A detailed summary of 
comments received and views presented at the hearings, includ-
ing any dissenting views, shall be included by the National 
Academy of Sciences in the final report. 
(6) Section 210 of PubHc Law 104-134 is hereby repealed. 
16USC 1851 
(g) NORTH PACIFIC LOAN PROGRAM.—(1) By not later than note-
October 1, 1997 the North Pacific Fishery Management Council 
shall recommend to the Secretary of Commerce a program which 
110 STAT. 3580 
PUBLIC LAW 104-297—OCT. 11, 1996 
uses the full amount of fees authorized to be used under section 
303(d)(4) of the Magnuson Fishery Conservation and Management 
Act, as amended by this Act, in the halibut and sablefish fisheries 
off Alaska to guarantee obligations in accordsince with such section. 
(2)(A) For the purposes of this subsection, the phrase "fishermen 
who fish fi*om small vessels" in section 303(d)(4)(A)(i) of such Act 
shall mean fishermen wishing to purchase individual fishing quotas 
for use fi'om Category B, Category C, or Category D vessels, as 
defined in part 676.20(c) of title 50, Code of Federal Regulations 
(as revised as of October 1, 1995), whose aggregate ownership 
of individual fishing quotas will not exceed the equivalent of a 
total of 50,000 poiuids of halibut and sablefish harvested in the 
fishing year in which a guarantee application is made if the guaran-
tee is approved, who will participate aboard the fishing vessel 
in the harvest of fish caught under such quotas, who have at 
least 150 days of experience working as part of the hsirvesting 
crew in any United States commercial fishery, and who do not 
own in whole or in part any Category A or Category B vessel, 
as defined in such part and title of the Code of Federal Regulations. 
(B) For the purposes of this subsection, the phrase "entry 
level fishermen" in section 303(d)(4)(A)(ii) of such Act shall mean 
fishermen 
who do not own any individual fishing quotas, who 
vidsh to obtain the equivalent of not more tiian a total of 8,000 
pounds of halibut and sablefish harvested in the fishing year in 
which a guarantee application is made, and who will participate 
aboard the fishing vessel in the harvest of fish caught under such 
quotas. 
Reports. 
(h) COMMUNITY DEVELOPME^^^ QuoTA REPORT.—Not later than 
16 use 1855 
October 1, 1998, the National Academy of Sciences, in consultation 
^^' 
with the Secretary, the North Pacific and Western Pacific Coimcils, 
communities and organizations participating in the program, 
participants in affected fisheries, and the affected States, shsdl 
submit to the Secretary of Commerce and Congress a comprehensive 
report on the performance and effectiveness of the community devel-
opment quota programs imder the authority of the North Pacific 
and Western Pacific Coxmcils. The report shall— 
(1) evaluate the extent to which such programs have met 
the objective of providing communities with the means to 
develop ongoing commerci^ fishing activities; 
(2) evaluate the manner and extent to which such programs 
have resulted in the commimities and residents— 
(A) receiving employment opportunities in commercial 
fishing and processing; and 
(B) obtaining the capital necesseiry to invest in commer-
cial fishing, fish processing, and commercial fishing support 
projects (including infrastructure to support commercial 
fishing); 
(3) evaluate the social and economic conditions in the 
participating communities and the extent to which alternative 
private sector employment opportunities exist; 
(4) evaluate the economic impacts on participants in the 
affected fisheries, taking into accoimt the condition of the fish-
ery resource, the market, and other relevant factors; 
(5) recommend a proposed schedule for accomplishing the 
developmental purposes of community development quotas; and 
(6) address such other matters as the National Academy 
of Sciences deems appropriate. 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3581 
16 use 1853 
note. 
(i) EXISTING QUOTA PLANS.—Nothing in this Act or the amend-
ments made by this Act shall be construed to require a reallocation 
of individual fishing quotas under any individual fishing quota 
program approved by the Secretary before January 4, 1995. 
SEC. 109. ACTION BY THE SECRETARY. 
(a) SECRETARIAL REVIEW OF PLANS AND REGULATIONS.—Section 
304 (16 U.S.C. 1854) is amended by striking subsections (a) and 
(b) and inserting the following: 
"(a) REVIEW OF PLANS.— 
"(1) Upon transmittal by the Council to the Secretary of 
a fishery management plan or plan amendment, the Secretary 
shall— 
"(A) immediately commence a review of the plan or 
amendment to determine whether it is consistent with 
the national standards, the other provisions of this Act, 
and any other applicable law; £ind 
"(B) immediately publish in the Federal Register a Federal Register, 
notice stating that the plan or amendment is available publication. 
and that written information, views, or comments of 
interested persons on the plan or amendment may be 
submitted to the Secretary during the 60-day period begin-
ning on the date the notice is published. 
"(2) In undertaking the review required under paragraph 
(1), the Secretary shsQl— 
"(A) take into account the information, views, and com-
ments received fi'om interested persons; 
"(B) consult with the Secretary of State with respect 
to foreign fishing; and 
"(C) consult with the Secretary of the department in 
which the Coast Guard is operating with respect to enforce-
ment at sea and to fishery access adjustments referred 
to in section 303(a)(6). 
"(3) The Secretary shall approve, disapprove, or partially Notice. 
approve a plan or amendment within 30 days of the end of 
the comment period under paragraph (1) by written notice 
to the Council. A notice of disapproval or partial approval 
shall specify— 
"(A) the applicable law with which the plan or amend-
ment is inconsistent; 
"(B) the nature of such inconsistencies; and 
"(C) recommendations concerning the actions that 
could be taken by the Covmcil to conform such plan or 
amendment to the requirements of applicable law. 
If the Secretary does not notify a Council within 30 days 
of the end of the comment period of the approval, disapproval, 
or partial approval of a plan or amendment, then such plan 
or amendment shall take effect as if approved. 
"(4) If the Secretary disapproves or partially approves a 
plan or amendment, the Council may submit a revised plan 
or amendment to the Secretary for review under this subsection. 
"(5) For purposes of this subsection and subsection (b), 
the term 'immediately* means on or before the 5th day after 
the day on which a Council transmits to the Secretary a fishery 
management plan, plan amendment, or proposed regulation 
that the Council characterizes as final. 
"(b) REVIEW OF REGULATIONS.— 
110 STAT. 3582 
PUBLIC LAW 104-297—OCT. 11, 1996 
Federal Register, 
publication. 
Notification. 
Federal Register, 
publication. 
"(1) Upon transmittal by the Council to the Secretary of 
proposed regulations prepared under section 303(c), the Sec-
retary shall immediately initiate an evaluation of the proposed 
regulations to determine whether they are consistent with the 
fishery management plan, plan amendment, this Act and other 
applicable law. Within 15 days of initiating such evaluation 
the Secretary shall make a determination and— 
"(A) if that determination is affirmative, the Secretary 
shall publish such regulations in the Federal Register, 
with such technical changes as may be necessary for clarity 
£ind an explanation of those changes, for a public comment 
period of 15 to 60 days; or 
"(B) if that determination is negative, the Secretary 
shall notify the Council in writing of the inconsistencies 
and provide recommendations on revisions that would 
make the proposed regulations consistent with the fishery 
management plan, plan amendment, this Act, and other 
applicable law. 
"(2) Upon receiving a notification under paragraph (1)(B), 
the Council may revise the proposed regulations and submit 
them to the Secretary for reevaluation under paragraph (1). 
"(3) The Secretary shall promulgate final regulations within 
30 days after the end of the comment period under paragraph 
(1)(A). The Secretary shall consult with the Council before 
making any revisions to the proposed regulations, and must 
publish in the Federal Register an explanation of any dif-
ferences between the proposed and final regulations.", 
(b) PREPARATION BY THE SECRETARY.—Section 304(c) (16 U.S.C. 
1854(c)) is amended— 
(1) by striking the subsection heading and inserting 
"PREPARATION AND REVIEW OF SECRETARIAL PLANS"; 
(2) by striking "or" at the end of paragraph (1)(A); 
(3) by striking all that follows "further revised plan" in 
paragraph (1) and inserting "or amendment; or"; 
(4) by inserting after subparagraph (1)(B), as amended, 
the following new subparagraph: 
"(C) the Secretary is given authority to prepare such 
plan or amendment under this section."; 
(5) by striking paragraph (2) and inserting: 
"(2) In preparing any plan or amendment under this sub-
section, the Secretary shall— 
"(A) conduct public hearings, at appropriate times and 
locations in the geographical areas concerned, so as to 
allow interested persons an opportunity to be heard in 
the preparation and amendment of the plan and any regu-
lations implementing the plan; and 
"(B) consult with the Secretary of State with respect 
to foreign fishing and with the Secretary of the department 
in which the Coast Guard is operating with respect to 
enforcement at sea."; 
(6) by inserting "for a fishery under the authority of a 
Council" after "paragraph (1)" in paragraph (3); 
(7) by striking "system described in section 303(b)(6)" in 
paragraph (3) and inserting "system, including any individusil 
fishing quota program"; and 
(8) by inserting after paragraph (3) the following new para-
graphs: 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3583 
Federal Register, 
publication. 
"(4) Whenever the Secretary prepares a fishery manage-
ment plan or plan amendment under this section, the Secretary 
shall immediately— 
"(A) for a plan or amendment for a fishery under 
the authority of a Council, submit such plan or amendment 
to the appropriate Council for consideration and comment; 
and 
"(B) publish in the Federal Register a notice stating 
that the plan or amendment is available and that written 
information, views, or comments of interested persons on 
the plan or amendment may be submitted to the Secretary 
during the 60-day period beginning on the date the notice 
is published. 
"(5) Whenever a plan or amendment is submitted under 
paragraph (4)(A), the appropriate Council must submit its com-
ments and recommendations, if any, regarding the plan or 
gmiendment to the Secretary before the close of the 60-day 
period referred to in paragraph (4)(B). After the close of such 
60-day period, the Secretary, after taking into account any 
such comments and recommendations, as well as any views, 
information, or comments submitted vmder paragraph (4)(B), 
may adopt such plan or amendment. 
"(6) The Secretary may propose regulations in the Federal 
Register to implement any plan or amendment prepared by 
the Secretary. In the case of a plan or amendment to which 
paragraph (4)(A) applies, such regulations shall be submitted 
to the Council with such plan or amendment. The comment 
period on proposed regulations shall be 60 days, except that 
the Secretary may shorten the comment period on minor revi-
sions to existing regulations. 
"(7) The Secretary shall promulgate final regulations within Regulations. 
30 days after the end of the comment period under paragraph 
(6). The Secretary must publish in the Federal Register an 
explanation of any substantive differences between the proposed 
£ind final rules. All final regulations must be consistent with 
the fishery management plan, with the national standards £ind 
other provisions of this Act, and with any other applicable 
law.". 
(c) INDIVIDUAL FISHING QUOTA AND COMMUNITY DEVELOPMENT 
QUOTA FEES.—Section 304(d) (16 U.S.C. 1854(d)) is amended— 
(1) by inserting "(1)" immediately before the first sentence; 
and 
(2) by inserting at the end the following: 
"(2)(A) Notwithstanding psiragraph (1), the Secretary is 
authorized and shall collect a fee to recover the actual costs 
directly related to the management and enforcement of any— 
"(i) individual fishing quota program; and 
"(ii) community development quota program that allo-
cates a percentage of the total allowable catch of a fishery 
to such program. 
"(B) Such fee shall not exceed 3 percent of the ex-vessel 
value of fish harvested under any such program, and shall 
be collected at either the time of the landing, filing of a landing 
report, or sale of such fish during a fishing season or in the 
last quarter of the calendar year in which the fish is harvested. 
"(C)(i) Fees collected imder this paragraph shall be in addi-
tion to any other fees charged under this Act and shall be 
Federal Register, 
publication. 
110 STAT. 3584 
PUBLIC LAW 104-297—OCT. 11, 1996 
16 use 1854 
note. 
Reports. 
Notification. 
Federal Register, 
publication. 
deposited in the Limited Access System Administration Fund 
established under section 305(h)(5)(B), except that the portion 
of any such fees reserved under section 303(d)(4)(A) shall be 
deposited in the Treasury and available, subject to annual 
appropriations, to cover the costs of new direct loan obligations 
and new loan guarantee commitments as required by section 
504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(l)). 
"(ii) Upon application by a State, the Secretary shall trans-
fer to such State up to 33 percent of any fee collected pursuant 
to subparagraph (A) imder a community development quota 
program and deposited in the Limited Access System Adminis-
tration Fund in order to reimburse such State for actual costs 
directly incurred in the management and enforcement of such 
program.". 
(d) DELAY OF FEES.—Notwithstanding any other provision of 
law, the Secretary shall not begin the collection of fees imder 
section 304(d)(2) of the Magnuson Fishery Conservation and 
Management Act, as amended by this Act, in the surf clam and 
ocean (including mahogany) quahog fishery or in the wreckfish 
fishery until after January 1, 2()00. 
(e) 
OVERFISHING.—Section 304(e) (16 U.S.C. 
1854(e)) is 
amended to read as follows: 
"(e) REBUILDING OVERFISHED FISHERIES.— 
"(1) The Secretary shall report annually to the Congress 
and the Councils on the status of fisheries within each Council's 
geographicsd area of authority and identify those fisheries that 
are overfished or are approaching a condition of being over-
fished. For those fisheries managed under a fishery manage-
ment plan or international agreement, the status sheill be deter-
mined using the criteria for overfishing specified in such plan 
or agreement. A fishery shall be classified as approaching a 
condition of being overfished if, based on trends in fishing 
effort, fishery resource size, and other appropriate factors, the 
Secretary estimates that the fishery will become overfished 
within two years. 
"(2) If the Secretary determines at any time that a fishery 
is overfished, the Secretary shall immediately notify the appro-
priate Council and request that action be taken to end overfish-
ing in the fishery and to implement conservation and manage-
ment measures to rebuild affected stocks of fish. The Secretary 
shall publish each notice imder this paragraph in the Federal 
Register. 
"(3) Within one year of an identification under paragraph 
(1) or notification under paragraphs (2) or (7), the appropriate 
Council (or the Secretary, for fisneries imder section 302(a)(3)) 
shall prepare a fishery management plan, plan amendment, 
or proposed regulations for the fishery to which the identifica-
tion or notice applies— 
"(A) to end overfishing in the fishery and to rebuild 
affected stocks offish; or 
"(B) to prevent overfishing fi-om occurring in the fishery 
whenever such fishery is identified as approaching an over-
fished condition. 
"(4) For a fishery that is overfished, any fishery manage-
ment plan, amendment, or proposed regulations prepared 
, pursuant to paragraph (3) or paragraph (5) for such fishery 
shall— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3585 
"(A) specify a time period for ending overfishing and 
rebuilding the fishery that shall— 
"(i) be as short as possible, taking into account 
the status and biology of any overfished stocks of fish, 
the needs of fishing communities, recommendations 
by international orgsinizations in which the United 
States participates, and the interaction of the over-
fished stock offish within the marine ecosystem; and 
"(ii) not exceed 10 years, except in cases where 
the biology of the stock of fish, other environmental 
conditions, or management measures under an inter-
national agreement in which the United States partici-
pates dictate otherwise; 
"(B) allocate both overfishing restrictions and recovery 
benefits fairly and equitably among sectors of the fishery; 
and 
"(C) for fisheries managed under an international 
agreement, reflect traditional participation in the fishery, 
relative to other nations, by fishermen of the United States. 
"(5) If, within the one-year period beginning on the date 
of identification or notification that a fishery is overfished, 
the Council does not submit to the Secretary a fishery manage-
ment plan, plan amendment, or proposed regulations required 
by paragraph (3)(A), the Secretary shall prepare a fishery 
management plan or plan amendment and any accompanying 
regulations to stop overfishing and rebuild affected stocks of 
fish within 9 months under subsection (c). 
"(6) During the development of a fishery management plan, 
a plan amendment, or proposed regulations required by this 
subsection, the Council may request the Secretary to implement 
interim measures to reduce overfishing under section 305(c) 
until such measures can be replaced by such plan, amendment, 
or regulations. Such measures, if otherwise in compliance with 
the provisions of this Act, may be implemented even though 
they are not sufficient by themselves to stop overfishing of 
a fishery. 
"(7) The Secretary shall review any fishery management 
plan, plan amendment, or regulations required by this sub-
section at routine intervals that may not exceed two years. 
If the Secretary finds as a result of the review that such 
plan, amendment, or regulations have not resulted in adequate 
progress toward ending overfishing and rebuilding affected fish 
stocks, the Secretary shall— 
"(A) in the case of a fishery to which section 302(a)(3) 
applies, immediately make revisions necessary to achieve 
adequate progress; or 
"(B) for all other fisheries, immediately notify the Notification, 
appropriate Council. Such notification shall recommend fur-
ther conservation and management measures which the 
Council should consider under paragraph (3) to achieve 
adequate progress.". 
(f) FISHERIES UNDER AUTHORITY OF MORE THAN ONE COUN-
CIL.—iSection 304(f) is amended by striking paragraph (3). 
(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—Section 304 
(16 
U.S.C. 1854) is amended further by striking subsection (g) and 
inserting the following: 
110 STAT. 3586 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—(1) PREPARATION 
A
N
D IMPLEMENTATION OF P
L
A
N O
R P
L
A
N AMENDMENT.—The Sec-
retary shall prepare a fishery management plan or plan amendment 
imder subsection (c) with respect to any highly migratory species 
fishery to which section 302(a)(3) applies. In preparing and 
implementing any such plan or amendment, the Secretary shall— 
"(A) consult with and consider the comments and views 
of affected Councils, commissioners and advisory groups 
appointed under Acts implementing relevant international fisn-
ery agreements pertaining to highly migratory species, and 
the advisory panel estabhshed under section 302(g); 
"(B) estabUsh an advisory panel xmder section 302(g) for 
each fishery management plan to be prepared imder this para-
graph; 
"(C) evaluate the likely effects, if any, of conservation and 
management measures on participants in tiie affected fisheries 
and minimize, to the extent practicable, any disadvantage to 
United States fishermen in relation to foreign competitors; 
"(D) with respect to a highly migratory species for which 
the United States is authorized to harvest an allocation, quote, 
or at a fishing mortality level imder a relevant international 
fishery agreement, provide fishing vessels of the United States 
with a reasonable opportunity to harvest such allocation, quota, 
or at such fishing mortaUty level; 
"(E) review, on a continuing basis (and promptly whenever 
a recommendation pertaining to fishing for highly migratory 
species has been made under a relevant international fishery 
agreement), and revise as appropriate, the conservation and 
management measures included in the plan; 
"(F) diligently pursue, through international entitiies (such 
as the International Commission for the Conservation of Atlan-
tic Tunas), comparable international fishery management meas-
ures with respect to fishing for highly migratory species; and 
"(G) ensure that conservation and management measures 
under this subsection— 
"(i) promote international conservation of the affected 
fishery; 
"(ii) take into consideration traditional fishing patterns 
of fishing vessels of the United States and the operating 
requiremente of the fisheries; 
"(iii) are fair and equitable in allocating fishing privi-
leges among United States fishermen and do not have 
economic allocation as the sole purpose; and 
"(iv) promote, to the extent practicable, implementation 
of scientific research programs that include the togging 
and release of Atlantic highly migratory species. 
"(2) CERTAIN FISH E
X
C
L
U
D
E
D FROM'BYCATCH'DEFINITION.—Not-
withstanding section 3(2), fish harvested in a commercial fishery 
managed by the Secretary under this subsection or the Atlantic 
Timas Convention Act of 1975 (16 U.S.C. 971d) that are not regu-
latory discards and that are tagged and released alive under a 
scientific togging and release program established by the Secretary 
shall not be considered bycatch for purposes of this Act.". 
1
6 use 1854 
(h) 
COMPREHENSIVE MANAGEMENT SYSTEM FOR ATLANTIC 
note. 
PELAGIC LONGLINE FISHERY.—(1) The Secretary of Commerce 
shall— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3587 
(A) establish an advisory panel under section 302(g)(4) 
of the Magnuson Fishery Conservation and Management Act, 
as amended by this Act, for pelagic longline fisfing vessels 
that participate in fisheries for Atlantic highly migratory spe-
cies; 
(B) conduct surveys and workshops with affected fishery 
participants to provide information and identify options for 
mture management programs; 
(C) to the extent practicable and necessary for the evalua-
tion of options for a comprehensive management system, 
recover vessel production records; and 
(D) complete by January 1, 1998, a comprehensive study 
on the feasibility of implementing a comprehensive manage-
ment system for pelagic longUne fishing vessels that participate 
in fisheries for Atlantic highly migratory species, including, 
but not limited to, individual fishing quota programs and other 
limited access systems. 
(2) Based on the study under paragraph (1)(D) and consistent 
witii the requirements of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), in cooperation with 
affected participants in the fishery, the United States Commis-
sioners on the International Commission for the Conservation of 
Atlantic Tunas, and the advisory panel established under peiragraph 
(IXA), the Secretary of Commerce may, after October 1, 1998, 
implement a comprehensive management system pursuant to sec-
tion 304 of such Act (16 U.S.C. 1854) for pelagic longline fishing 
vessels that participate in fisheries for Atlantic highly migratory 
species. Such a system may not implement an individual fishing 
quota program until after October 1, 2000. 
(i) REPEAL OR REVOCATION OF A FISHERY MANAGEMENT PLAN.— 
Section 304, as amended, is further amended by adding at the 
end the following: 
"(h) 
REPEAL 
OR REVOCATION OF A FISHERY 
MANAGEMENT 
PLAN.—^The Secretary may repeal or revoke a fishery management 
plaii for a fishery under the authority of a Council only if the 
Coimcil approves the repesd or revocation by a three-quarters major-
ity of the voting members of the Council.". 
(j) AMERICAN LOBSTER FISHERY.—Section 304(h) of the Magnu- 
16 use 1854 
son Fishery Conservation and Management Act, as amended by note-
this Act, shaU not apply to the American Lobster Fishery Manage-
ment Plan. 
SEC. 110. OTHER REQUIREMENTS AND AUTHORITY. 
(a) Section 305 (18 U.S.C. 1855) is amended— 
(1) by striking the title and subsection (a); 
(2) by redesignating subsection (b) as subsection (f); and 
(3) by inserting the following before subsection (c): 
'
n
S
E
C
. 
306. 
OTHER 
REQUIREMENTS 
AND 
AUTHORITY. 
"(a) GEAR EVALUATION AND NOTIFICATION OF ENTRY.— 
"(1) Not later than 18 months after the date of enactment 
Federal Register, 
of the Sustainable Fisheries Act, the Secretary shall publish publication, 
in the Federal Register, after notice and an opportunity for 
pubhc comment, a list of all fisheries— 
"(A) under the authority of each Coimcil and all fishing 
gear used in such fisheries, based on information submitted 
by the Councils imder section 303(a); and 
29-194 O - 96 - 17: QL 3 Part 5 
110 STAT. 3588 
PUBLIC LAW 104-297—OCT. 11, 1996 
Guidelines. 
Effective date. 
Publication. 
Regulations. 
Guidelines. 
"(B) to which section 302(a)(3) appHes and all fishing 
gear used in such fisheries. 
"(2) The Secretary shall include with such list guidelines 
for determining when fishing gear or a fishery is sufficiently 
different fi*om those listed as to require notification under peira-
graph (3). 
"(3) Effective 180 days after the publication of such list, 
no person or vessel may employ fishing gear or engage in 
a fishery not included on such list without giving 90 days 
advance written notice to the appropriate Council, or the Sec-
retary with respect to a fishery to which section 302(a)(3) 
applies. A signed return receipt shall serve as adequate evi-
dence of such notice and as the date upon which the 90-
day period begins. 
"(4) A Council may submit to the Secretary any proposed 
changes to such list or such guidelines the Council deems 
appropriate. The Secreteiry shall publish a revised list, after 
notice and an opportunity for public comment, upon receiving 
any such proposed changes 
fi*om 
a Council. 
"(5) A Coimcil may request the Secretary to promulgate 
emergency regulations under subsection (c) to prohibit any 
persons or vessels fi'om using an unlisted fishing gear or engag-
ing in an unlisted fishery if the appropriate Council, or the 
Secretary for fisheries to which section 302(a)(3) applies, deter-
mines that such unlisted gear or unlisted fishery would com-
promise the effectiveness of conservation and m£m.agement 
efforts under this Act. 
"(6) Nothing in this subsection shall be construed to permit 
a person or vessel to engage in fishing or employ fishing gear 
when such fishing or gear is prohibited or restricted by regula-
tion under a fishery management plan or plan amendment, 
or under other applicable law. 
"(b) FISH HABITAT.—(1)(A) The Secretary shall, within 6 months 
of the date of enactment of the Sustainable Fisheries Act, establish 
by regulation guidelines to assist the Councils in the description 
and identification of essential fish habitat in fishery management 
plans (including adverse impacts on such habitat) and in the consid-
eration of actions to ensure the conservation and enhancement 
of such habitat. The Secretary shall set forth a schedule for the 
amendment of fishery management plans to include the identifica-
tion of essential fish habitat and for the review and updating 
of such identifications based on new scientific evidence or other 
relevant information. 
"(B) The Secretary, in consultation with participants in the 
fishery, shall provide each Council with recommendations and 
information regarding each fishery under that Council's authority 
to assist it in the identification of essential fish habitat, the adverse 
impacts on that habitat, and the actions that should be considered 
to ensure the conservation and enhancement of that habitat. 
"(C) The Secretary shall review programs administered by the 
Department of Commerce and ensure that any relevant programs 
further the conservation and enhancement of essential fish habitat. 
"(D) The Secretary shall coordinate with and provide informa-
tion to other Federal agencies to further the conservation and 
enheincement of essential fish habitat. 
"(2) Each Federal agency shall consult with the Secretary with 
respect to any action authorized, funded, or undertaken, or proposed 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3589 
to be authorized, funded, or undertaken, by such agency that may 
adversely affect any essential fish habitat identified under this 
Act. 
"(3) Each Council— 
"(A) may comment on eind make recommendations to the 
Secretary and any Federal or State agency concerning any 
activity authorized, funded, or undertaken, or proposed to be 
authorized, funded, or undertaken, by any Federal or State 
agency that, in the view of the Council, may affect the habitat, 
including essential fish habitat, of a fishery resource under 
its authority; and 
"(B) shall comment on and make recommendations to the 
Secretary and £uiy Federal or State agency concerning any 
such activity that, in the view of the Council, is likely to 
substantially affect the habitat, including essential fish habitat, 
of an anadromous fishery resource under its authority. 
"(4)(A) If the SecretEiry receives information from a Council 
or Federal or State agency or determines from other sources that 
an action authorized, funded, or undertaken, or proposed to be 
authorized, funded, or undertaken, by any State or Federed agency 
would adversely affect any essential fish habitat identified under 
this Act, the Secretary shall recommend to such agency measures 
that can be taken by such agency to conserve such habitat. 
"(B) Within 30 days after receiving a recommendation under 
subparagraph (A), a Federal agency shall provide a detailed 
response in writing to any Council commenting imder paragraph 
(3) and the Secretary regarding the matter. The response shall 
include a description of measures proposed by the agency for avoid-
ing, 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 Secretary, the Federal agency shall explain 
its reasons for not following the recommendations.". 
(b) Section 305(c) (16 U.S.C. 1855(c)) is amended— 
(1) in the heading by striking "ACTIONS" and inserting 
"ACTIONS AND INTERIM MEASURES"; 
(2) in paragraphs (1) and (2)— 
(A) by striking "involving" and inserting "or that 
interim measures are needed to reduce overfishing for"; 
and 
(B) by inserting "or interim measures" after "emer-
gency regulations"; and 
(C) by inserting "or overfishing" after "emergency"; 
and 
(3) in paragraph (3)— 
(A) by inserting "or interim measure" after "emergency 
regulation" each place such term appears; 
(B) by striking subparagraph (B); 
(C) by redesignating subpeiragraph (C) as subpara-
graph (D); and 
(D) by inserting after subparagraph (A) the following: 
"(B) shall, except as provided in subparagraph (C), 
remain in effect for not more than 180 days after the 
date of publication, and may be extended by pjublication 
in the Federal Register for one additional period of not 
more than 180 days, provided the public has had an oppor-
tunity to comment on the emergency regulation or interim 
measure, and, in the case of a Council recommendation 
110 STAT. 3590 
PUBLIC LAW 104-297—OCT. 11, 1996 
for emergency regulations or interim measures, the Council 
is actively preparing a fishery management plan, plan 
amendment, or proposed regulations to address the emer-
gency or overfishing on a permanent basis; 
"(C) that responds to a public health emergency or 
an oil spill may remain in effect until the circumstances 
that created the emergency no longer exist, Provided, That 
the public has an opportunity to comment after the regula-
tion is published, and, in the case of a public health emer-
gency, the Secretary of Health and Human Services concurs 
with the Secretar^s action; and". 
16 use 1855. 
(c) Section 305(e) is amended— 
(1) by striking "12291, dated February 17, 1981," and 
inserting "12866, dated September 30, 1993,"; and 
(2) by striking "subsection (c) or section 304(a) and (b)" 
and inserting "subsections (a), (b), and (c) of section 3()4". 
(d) Section 305, as amended, is fUrther amended by adding 
at the end the following: 
"(g) 
NEGOTIATED 
CONSERVATION 
AND MANAGEMENT 
MEAS-
URES.— 
"(1)(A) In accordance with regulations promulgated by the 
Secretary pursuant to this paragraph, a Council may establish 
a fishery negotiation panel to assist in the development of 
specific conservation and management measures for a fishery 
under its authority. The Secretary may establish a fishery 
negotiation panel to assist in the development of specific con-
servation and management measures required for a fishery 
under section 304(e)(5), for a fishery for which the Secretary 
has authority under section 304(g), or for any other fishery 
with the approval of the appropriate Coimcil. 
Regulations. 
"(B) No later than 180 days after the date of enactment 
of the Sustsdnable Fisheries Act, the Secretary shall promulgate 
regulations establishing procedures, developed in cooperation 
with the Administrative Conference of the United States, for 
the establishment and operation of fishery negotiation panels. 
Such procedures shall be comparable to the procedures for 
negotiated rulemaking established by subchapter III of chapter 
5 of title 5, United States Code. 
"(2) If a negotiation panel submits a report, such report 
shall specify all the areas where consensus was reached by 
the panel, including, if appropriate, proposed conservation and 
management measures, as well as any other information 
submitted by members of the negotiation panel. Upon receipt, 
the Secretary shall publish such report in the Federal Register 
for public comment. 
"(3) Nothing in this subsection shall be construed to require 
either a Council or the Secretary, whichever is appropriate, 
to use all or any portion of a report from a negotiation panel 
established under this subsection in the development of specific 
conservation and management measures for the fishery for 
which the panel was established. 
"(h) CENTRAL REGISTRY SYSTEM FOR LIMITED ACCESS SYSTEM 
PERMITS.— 
Establishment. 
"(1) Within 6 months after the date of enactment of the 
Sustainable Fisheries Act, the Secretary shall establish an 
exclusive central registry system (which may be administered 
on a regional basis) for limited access system permits estab-
Reports. 
Federal Register, 
publication. 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3591 
Public 
information. 
lished under section 303(b)(6) or other Federal law, including 
individual fishing quotas, which shall provide for the registra-
tion of title to, and interests in, such permits, as well as 
for procedures for changes in the registration of title to such 
permits upon the occurrence of involuntary transfers, judicial 
or nonjudicial foreclosure of interests, enforcement of judgments 
thereon, and related matters deemed appropriate by the Sec-
retary. Such registry system shall— 
"(A) provide a mechemism for filing notice of a non-
judicial foreclosure or enforcement of a judgment by which 
the holder of a senior security interest acquires or conveys 
ownership of a permit, and in the event of a nonjudicial 
foreclosure, by which the interests of the holders of junior 
security interests are released when the permit is trans-
ferred; 
"(B) provide for public access to the information filed 
under such system, notwithstanding section 402(b); and 
"(C) provide such notice and other requirements of 
applicable law that the Secretary deems necessary for an 
effective registry system. 
"(2) The Secretary shall promulgate such regulations as Regulations 
may be necessary to csirry out this subsection, after consulting 
with the Councils and providing an opportunity for public com-
ment. The Secretary is authorized to contract with non-Federal 
entities to administer the central registry system. 
"(3) To be effective and perfected against any person except 
the transferor, its heirs and devisees, and persons having actual 
notice thereof, all security interests, and all sales and other 
transfers of permits described in paragraph (1), shall be reg-
istered in compliance with the regulations promulgated under 
paragraph (2). Such registration shall constitute the exclusive 
means of perfection of title to, and security interests in, such 
permits, except for Federal tax liens thereon, which shall be 
perfected exclusively in accordance with the Internal Revenue 
Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify 
both the buyer and seller of a permit if a lien has been filed 
by the Secretary of the Treasury against the permit before 
collecting any transfer fee under paragraph (5) of this sub-
section. 
"(4) The priority of security interests shall be determined 
in order of filing, the first filed having the highest priority. 
A validly-filed security interest shall remain valid and perfected 
notwithstanding a change in residence or place of business 
of the owner of record. For the purposes of this subsection, 
'security interest' shall include security interests, assignments, 
liens and other encumbrances of whatever kind. 
"(5)(A) Notwithstanding section 304(d)(1), the Secretary 
shall collect a reasonable fee of not more than one-half of 
one percent of the value of a limited access system permit 
upon registration of the title to such permit with the central 
registry system and upon the transfer of such registered title. 
Any such fee collected shall be deposited in the Limited Access 
System Administration Fund established under subparagraph 
(B). 
"(B) There is established in the Treasury a Limited Access 
System Administration Fimd. The Fund shall be available. 
Notification. 
110 STAT. 3592 
PUBLIC LAW 104-297—OCT. 11, 1996 
without appropriation or fiscal year limitation, only to the 
Secretary for the purposes o
f
— 
"(i) administering the central registry system; and 
"(ii) administering and implementing this Act in the 
fishery in which the fees were collected. Sums in the Fund 
that are not currently needed for these purposes shall 
be kept on deposit or invested in obligations of, or guaran-
teed by, the United States.". 
16 use 1855 
(e) 
REGISTRY 
TRANSITION.—Security interests on 
permits 
note. 
described under section 305(h)(1) of the Magnuson Fishery Con-
servation and Management Act, as amended by this Act, that are 
effective and perfected by otherwise applicable law on the date 
of the final regulations implementing section 305(h) shall remain 
effective and perfected if, within 120 days after such date, the 
secured party submits evidence satisfactory to the Secretary of 
Commerce and in compliance with such regulations of the perfection 
of such security. 
SEC. 111. PACIFIC COMMUNITY FISHERIES. 
(a) 
HAROLD 
SPARCK MEMORIAL 
COMMUNITY 
DEVELOPMENT 
QUOTA PROGRAM .^-Section 305, as amended, is amended fiirther 
by adding at the end: 
"(i) ALASKA AND WESTERN PACIFIC COMMUNITY DEVELOPMENT 
PROGRAMS.— 
Establishment. 
"(1)(A) The North Pacific Council and the Secretary shall 
establish a western Alaska community development quota pro-
gram under which a percentage of the total £dlowable catch 
of any Bering Sea fishery is allocated to the progremi. 
"(B) To be eligible to participate in the western Alaska 
community development quota program under subpeiragraph 
(A) a community shall— 
"(i) be located within 50 nautical miles fi*om the base-
line from which the breadth of the territorial sea is meas-
ured along the Bering Sea coast from the Bering Strait 
to the western most of the Aleutian Isl£uids, or on an 
island within the Bering Sea; 
"(ii) not be located on the Gulf of Alaska coast of 
the north Pacific Ocean; 
"(iii) meet criteria developed by the Governor of Alaska, 
approved by the Secretary, and published in the Federal 
Register; 
"(iv) be certified by the Secretary of the Interior pursu-
ant to the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.) to be a Native village; 
"(v) consist of residents who conduct more than one-
half of their current commercial or subsistence fishing effort 
in the waters of the Bering Sea or waters surrounding 
the Aleutian Islands; and 
"(vi) not have previously developed harvesting or 
processing capability sufficient to support 
substantial 
participation in the grotmdfish fisheries in the Bering Sea, 
unless the community can show that the benefits from 
an approved Community Development Plan would be the 
only way for the community to realize a return from pre-
vious investments. 
"(C)(i) Prior to October 1, 2001, the North Pacific Council 
may not submit to the Secretary any fishery management plan, 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3593 
plan amendment, or regulation that allocates to the western 
Alaska community development quota program a percentage 
of the total allowable catch of £iny Bering Sea fishery for which, 
prior to October 1, 1995, the Coimcil had not approved a 
percentage of the total allowable catch for allocation to such 
community development quota program. The expiration of any 
plan, amendment, or regulation that meets the requirements 
of clause (ii) prior to October 1, 2001, shall not be construed 
to prohibit the Coimcil from submitting a revision or extension 
of such plan, amendment, or regulation to the Secretary if 
such revision or extension complies with the other requirements 
of this paragraph. 
"(ii) With respect to a fishery management plan, plan 
amendment, or regulation for a Bering Sea fishery that— 
"(I) allocates to the western Alaska community develop-
ment quota program a percentage of the total allowable 
catch of such fishery; and 
"(II) was approved by the North Pacific Council prior 
to October 1, 1995; 
the Secretary shall, except as provided in clause (iii) and after 
approval of such plan, amendment, or regulation under section 
304, £dlocate to the program the percentage of the total allow-
able catch described in such plan, amendment, or regulation. 
Prior to October 1, 2001, the percentage submitted by the 
Council and approved by the Secretary for any such plan, 
amendment, or regulation shall be no greater than the percent-
age approved by the Coimcil for such fishery prior to October 
1, 1995. 
"(iii) The Secretary shall phase in the percentage for 
community development quotas approved in 1995 by the North 
Pacific Council for the Bering Sea crab fisheries as follows: 
"(I) 3.5 percent of the total allowable catch of each 
such fishery for 1998 shall be £dlocated to the western 
Alaska community development quota program; 
"(II) 5 percent of the total allowable catch of each 
such fishery for 1999 shall be allocated to the western 
Alaska community development quota program; and 
"(III) 7.5 percent of the total allowable catch of each 
such fishery for 2000 and thereafter shall be allocated 
to the western Alaska community development quota pro-
gram, unless the North Pacific Council submits and the 
Secretary approves a percentage that is no greater than 
7.5 percent of the total allowable catch of each such fishery 
for 2001 or the North Pacific Coimcil submits and the 
Secretary approves any other percentage on or after Octo-
ber 1, 2001. 
"(D) This paragraph shall not be construed to require the 
North Pacific Council to resubmit, or the Secretary to re-
approve, any fishery management plan or plan amendment 
approved by the North Pacific Council prior to October 1, 1995, 
that includes a community development quota program, or ^ 
any regulations to implement such plan or amendment. 
"(2)(A) The Western Pacific Council and the Secretary may 
establish a western Pacific community development program 
for any fishery under the authority of such Council in order 
to provide access to such fishery for western Pacific commu-
nities that participate in the program. 
110 STAT. 3594 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(B) To be eligible to pgirticipate in the western Pacific 
community development program, a community shall— 
"(i) be located within the Western Pacific Regional 
Fishery Management Area; 
"(ii) meet criteria developed by the Western Pacific 
Coimcil, approved by the Secretary and pubhshed in the 
Federal Register; 
"(iii) consist of community residents who are descended 
fi-om the aboriginal people indigenous to the eirea who 
conducted commercieJ or subsistence fishing using tradi-
tional fishing practices in the waters of the Western Pacific 
region; 
"(iv) not have previously developed harvesting or 
processing capability sufficient to support 
substantial 
peirticipation in fisheries in the Western Pacific Regional 
Fishery Management Area; and 
"(v) develop and submit a Community Development 
Plan to the Western Pacific Council and the Secretary. 
"(C) In developing the criteria for eligible communities 
under subparagraph (B)(ii), the Western Pacific Council shall 
base such criteria on traditional fishing practices in or depend-
ence on the fishery, the cultural and social fi-amework relevant 
to the fishery, and economic barriers to access to the fishery. 
"(D) For the purposes of this subsection "Western Pacific 
Regional Fishery Management Area' means the area under 
the jurisdiction of the Western Pacific Council, or an island 
within such area. 
"(E) Notwithstanding any other provision of this Act, the 
Western Pacific Council shall take into accoxint traditional 
indigenous fishing practices in preparing any fishery manage-
ment plan. 
"(3) The Secretary shall deduct fi*om any fees collected 
from a community development quota program under section 
304(d)(2) the costs incurred by participants in the program 
for observer and reporting requirements which are in addition 
to observer and reporting requirements of other participants 
in the fishery in which the allocation to such program has 
been made. 
"(4) After the date of enactment of the Sustainable Fish-
eries Act, the North Pacific Council and Western Pacific Council 
may not submit to the Secretary a community development 
quota program that is not in compliance with this subsection.". 
16 use 1855 
(b) WESTERN PACIFIC DEMONSTRATION PROJECTS.—(1) The 
Sec-
"lote. 
retary of Commerce and the Secretary of the Interior are authorized 
to make direct grants to eligible western Pacific communities, as 
recommended by the Western Pacific Fishery Management Coimcil, 
for the purpose of establishing not less than three and not more 
than five fishery demonstration projects to foster and promote tradi-
tional indigenous fishing practices. The total amount of grants 
awarded under this subsection shall not exceed $500,000 in each 
fiscal year. 
(2) Demonstration projects funded pursuant to this subsection 
shall foster and promote the involvement of western Pacific commu-
nities in western Pacific fisheries and may— 
(A) identify and apply traditional indigenous fishing prac-
tices; 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3595 
(B) develop or enhance western Pacific community-based 
fishing opportunities; and 
(C) involve research, community education, or the acquisi-
tion of materials and equipment necessary to carry out any 
such demonstration project. 
(3)(A) The Western Pacific Fishery Management Council, in 
consultation with the Secretary of Commerce, shall establish £in 
advisory panel under section 302(g) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1852(g)) to evaluate, 
determine the relative merits of, and annually rank applications 
for sudi grants. The panel shall consist of not more than 8 individ-
uals who are knowledgeable or experienced in traditional indigenous 
fishery practices of western Pacific communities and who are not 
members or employees of the Western Pacific Fishery Management 
Council. 
(B) If the Secretary of Commerce or the Secretary of the Interior 
awards a grant for a demonstration project not in accordance with 
tiie rank given to such project by the advisory panel, the Secretary 
shall provide a detailed written explanation of the reasons therefor. 
(4) The Western Pacific Fishery Management Council shall, Reports, 
witii tiie assistance of such advisory panel, siibmit an annual report 
to the Congress assessing the status and progress of demonstration 
projects carried out under this subsection. 
(5) Appropriate Federal agencies may provide technical assist-
ance to western Pacific community-based entities to assist in carry-
ing out demonstration projects under this subsection. 
(6) For the purposes of this subsection, Vestem Pacific commu-
nity shall mean a community eligible to participate under section 
305(iX2)(B) of the Magnuson Fi&hery Conservation and Manage-
ment Act, as amended by this Act. 
SEC. 112. STATE JURISDICTION. 
(a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amend-
ed to read as follows: 
"(3) A State may regulate a fishing vessel outside the 
boundaries of the State in the following circumstances: 
"(A) The fishing vessel is registered imder the law 
of that State, and (i) there is no fishery management plan 
or other applicable Federal fishing regulations for the fish-
ery in which the vessel is operating; or (ii) the State's 
laws and regulations are consistent with the 
fishery 
management plan and applicable Federal fishing regula-
tions for the fishery in which tiie vessel is operating. 
"(B) The fishery management plan for the fishery in 
which the fishing vessel is operating delegates management 
of the fishery to a State and the State's laws and regula-
tions are consistent with such fishery management plan. 
If at any time the Secretary determines that a State law Notification. 
or regulation applicable to a fishing vessel under this cir-
cumstance is not consistent with the fishery management 
plan, the Secretary shall promptly notify the State and 
the appropriate Council of such determination and provide 
an opportunity for the State to correct any inconsistencies 
identified in the notification. If, after notice and opportunity 
for corrective action, the State does not correct the 
inconsistencies identified by the Secretary, the authority 
granted to the State under this subparagraph shall not 
110 STAT. 3596 
PUBLIC LAW 104-297—OCT. 11, 1996 
apply until the Secretary eind the appropriate Council find 
that the State has corrected the inconsistencies. For a 
fishery for which there was a fishery management plan 
in place on August 1, 1996 that did not delegate manage-
ment of the fishery to a State as of that date, the authority 
provided by this subparagraph applies only if the Council 
approves the delegation of management of the fishery to 
the State by a three-quarters majority vote of the voting 
members of the Coimcil. 
"(C) The fishing vessel is not registered under the 
law of the State of Alaska and is operating in a fishery 
in the exclusive economic zone off Alaska for which there 
was no fishery management plan in place on August 1, 
1996, and the Secretary and the North Pacific Council 
find that there is a legitimate interest of the State of 
Alaska in the conservation and management of such fish-
Termination 
ery. The authority provided under this subparagraph shall 
date- 
terminate when a fishery management plan under this 
Act is approved and implemented for such fishery.". 
(b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding 
at the end the following: 
"(3) If the State involved requests that a hearing be held 
pursuant to paragraph (1), the Secretary shall conduct such 
hearing prior to talking any action under paragraph (1).". 
(c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended— 
(1) by striking "(4)(C); and" in subparagraph (A) and insert-
ing "(4)(C) or has received a permit under section 204(d);"; 
(2) by striking the period at the end of subparagraph (B) 
and inserting a semicolon and the word "and"; and 
(3) by inserting after subparagraph (B) the following: 
Reports. 
"(C) the owner or operator of the vessel submits reports 
Regulations. 
on the tonnage of fish received from vessels of the United 
States and the locations from which such fish were har-
vested, in accordance with such procedures as the Secretary 
by regulation shall prescribe.". 
1
6 use 1
8
5
6 
(d) INTERIM AUTHORITY FOR DUNGENESS CRAB.—(1) Subject 
J^ote. 
to the provisions of this subsection and notwithstanding section 
306(a) of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1856(a)), the States of Washington, Oregon, and 
California may each enforce State laws and regulations governing 
fish harvesting and processing against any vessel operating in 
the exclusive economic zone off each respective State in a fishery 
for Dungeness crab (Cancer magister) for which there is no fishery 
m2uiagement plan implemented under the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.). 
Applicability. 
(2) Any law or regulation promulgated under this sub-
section shall apply equally to vessels operating in the exclusive 
economic zone and adjacent State waters and shall be limited 
to— 
(A) establishment of season opening and closing dates, 
including presoak dates for crab pots; 
(B) setting of minimum sizes and crab meat recovery 
rates; 
(C) restrictions on the retention of crab of a certain 
sex; and 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3597 
Tennination 
date. 
(D) closure of areas or pot limitations to meet the 
harvest requirements arising under the jurisdiction of 
United States v. Washington, subproceeding 89-3. 
(3) With respect to the States of Washington, Oregon, and 
California— 
(A) any State law limiting entry to a fishery subject 
to regulation under this subsection may not be enforced 
against a vessel that is operating in the exclusive economic 
zone off that State and is not registered imder the law 
of that State, if the vessel is otherwise legally fishing 
in the exclusive economic zone, except that State laws 
regulating landings may be enforced; and 
(B) no vessel may harvest or process fish which is 
subject to regulation under this subsection unless under 
an appropriate State permit or pursueint to a Federal court 
order, 
(4) The authority provided under this subsection to regulate 
the Dungeness crab fishery shall termLiate on October 1, 1999, 
or when a fishery management plsm is implemented under 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) for such fishery, whichever date is earlier. 
(5) Nothing in this subsection shall reduce the authority 
of any State, as such authority existed on July 1, 1996, to 
regulate fishing, fish processing, or landing offish. 
(6)(A) It is the sense of Congress that the Pacific Fishery 
Management Council, at the earliest practicable date, should 
develop and submit to the Secretary fishery meinagement plans 
for shellfish fisheries conducted in the geographic area of 
authority of the Council, especially Dungeness crab, which are 
not subject to a fishery management plan on the date of enact-
ment of this Act. 
(B) Not later than December 1, 1997, the Pacific Fishery Reports 
Management Coiuicil shall provide a report to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Resources of the House of Representatives 
describing the progress in developing the fishery management 
plans referred to in subparagraph (A) and any impediments 
to such progress. 
SEC. 113. PROHTOITED ACTS. 
(a) Section 307(l)(J)(i) (16 U.S.C. 1857(l)(J)(i)) is amended— 
(1) by striking "plan," and inserting "plan"; and 
(2) by inserting before the semicolon the following: ", or 
in the absence of any such plan, is smaller than the minimum 
possession size in effect at the time under a coastal fishery 
management plan for American lobster adopted by the Atlantic 
States Marine Fisheries Commission under the Atlantic Coastal 
Fisheries Cooperative Management Act (16 U.S.C. 5101 et 
seq.r. 
(b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended— 
(1) by striking "knowingly steal or without authorization, 
to" and inserting "to steal or attempt to steal or to negligently 
and without authorization"; and 
(2) by striking "gear, or attempt to do so;" and insert 
gear; . 
(c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read 
as follows: 
110 STAT. 3598 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(L) to forcibly assault, resist, oppose, impede, intimi-
date, sexually heirass, bribe, or interfere with any observer 
on a vessel under this Act, or any data collector employed 
by the National Marine Fisheries Service or luider contract 
to any person to carry out responsibilities under this Act;". 
(d) Section 307(1) (16 U.S.C. 1857(1)) is amended— 
(1) by striking "or" at the end of subparagraph (M); 
(2) by striking "pollock." in subparagraph (N) gind inserting 
"pollock; or"; and 
(3) by adding at the end the following: 
"(O) to knowingly and willfully fail to disclose, or to 
falsely disclose, smy financial interest as required under 
section 302(j), or to knowingly vote on a Council decision 
in violation of section 302(j)(7)(A).". 
(e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read 
as follows: 
"(A) in fishing within the boundaries of any State, 
except— 
"(i) recreational fishing permitted under section 
201(i); 
"(ii) fish processing permitted under section 306(c); 
or 
"(iii) transshipment at sea of fish or fish products 
within the boundaries of any State in accordance with 
a permit approved under section 204(d);". 
(f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended— 
(1) by striking "(j)" and inserting "(i)"; and 
(2) by striking "204(b) or (c)" and inserting "204(b), (c), 
or (d)". 
(g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as 
follows: 
"(3) for any vessel of the United States, and for the owner 
or operator of any vessel of the United States, to trsinsfer 
at sea directly or indirectly, or attempt to so transfer at sea, 
any United States harvested fish to any foreign fishing vessel, 
while such foreign vessel is within the exclusive economic zone 
or within the boundaries of any State except to the extent 
that the foreign fishing vessel has been permitted under section 
204(d) or section 306(c) to receive such fish;", 
(h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting 
"or within the boundaries of any State" after "zone". 
SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE 
PRESUMPTIONS. 
(a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking 
"ability to pay," and adding at the end the following new sentence: 
"In assessing such penalty the Secretary may also consider any 
information provided by the violator relating to the ability of the 
violator to pay, Provided, That the information is served on the 
Secretary at least 30 days prior to an administrative hearing.". 
(b) The first sentence of section 308(b) (16 U.S.C. 1858(b)) 
is amended to read as follows: "Any person against whom a civil 
penalty is assessed imder subsection (a) or against whom a permit 
sanction is imposed under subsection (g) (other than a permit 
suspension for nonpajnment of penalty or fine) may obtain review 
thereof in the United States district court fpr the appropriate dis-
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3599 
trict by filing a complaint against the Secretary in such court 
within 30 days from the date of such order.". 
(c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended 
by striking the matter from "or (C) any" through "overdue," and 
inserting the following: "(C) any amount in settlement of a civil 
forfeiture imposed on a vessel or other property, or any civil penalty 
or criminal fine imposed on a vessel or owner or operator of a 
vessel or any other person who has been issued or has applied 
for a permit under any marine resource law enforced by the Sec-
retary has not been paid and is overdue, or (D) any payment 
required for observer services provided to or contracted by an owner 
or operator who has been issued a permit or applied for a permit 
under any mgirine resource law administered by the Secretary has 
not been pedd and is overdue,". 
(d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding 
at the end the following new paragraph: 
"(3) For purposes of this Act, it shall be a rebuttable 
presumption that any vessel that is shoreward of the outer 
boundary of the exclusive economic zone of the United States 
or beyond the exclusive economic zone of any nation, and that 
has gear on board that is capable of use for large-scale driftnet 
fishing, is engaged in such fishing.". 
SEC. 115. ENFORCEMENT. 
(a) The second sentence of section 311(d) (16 U.S.C. 1861(d)) 
is amended— 
(1) by striking "Guam, any Commonwealth, territory, or" 
and inserting "Guam or £iny"; and 
(2) by inserting a comma before the period £ind the follow-
ing: "and except that in the case of the Northern Mariana 
Islsmds, the appropriate court is the United States District 
Court for the District of the Northern Marisma Isleinds". 
(b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended— 
(1) by striking "fishery" each place it appears and inserting 
"marine"; 
(2) by inserting "of not less than 20 percent of the penalty 
collected or $20,000, whichever is the lesser amount," after 
"reward" in subparagraph (B), and 
(3) by striking subparagraph (E) and inserting the follow-
ing: 
"(E) claims of parties in interest to property disposed 
of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 
1612(b)), as made applicable by section 310(c) of this Act 
or by any other marine resource law enforced by the Sec-
retary, to seizures made by the Secretary, in amounts 
determined by the Secretary to be applicable to such claims 
at the time of seizure; and". 
(c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read 
as follows: 
"(2) Any person found in an administrative or judicial 
proceeding to have violated this Act or any other marine 
resource law enforced by the Secretary shall be liable for the 
cost incurred in the sale, storage, care, £ind maintenance of 
any fish or other property lawfully seized in connection with 
the violation.". 
110 STAT. 3600 
PUBLIC LAW 104-297—OCT. 11, 1996 
(d) Section 311 (16 U.S.C. 1861) is amended by redesignating 
subsection (g) as subsection (h), and by inserting the following 
after subsection (f): 
"(g) ENFORCEMENT IN THE PACIFIC INSULAR AREAS.—The Sec-
retary, in consultation with the Governors of the Pacific Insular 
Areas and the Western Pacific Council, shall to the extent prac-
ticable support cooperative enforcement agreements between Fed-
eral and Pacific Insular Area authorities.". 
(e) Section 311 (16 U.S.C. 1861), as amended by subsection 
(d), is amended by striking "201(b), (c)," in subsection (i)(l), as 
redesignated, £ind inserting "201(b) or (c), or section 204(d),". 
SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES. 
16 use 1861a. 
(a) Section 312 is amended to read as follows: 
"SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES. 
"(a) FISHERIES DISASTER RELIEF.—(1) At the discretion of the 
Secretary or at the request of the Governor of an affected State 
or a fishing commiuiity, the Secretary shall determine whether 
there is a commercial fishery failure due to a fishery resource 
disaster as a result of— 
"(A) natural causes; 
"(B) man-made causes beyond the control of fishery man-
agers to mitigate through conservation and management meas-
ures; or 
"(C) imdetermined causes. 
"(2) Upon the determination under paragraph (1) that there 
is a commercial fishery failure, the Secretary is authorized to make 
sums available to be used by the affected State, fishing community, 
or by the Secretary in cooperation with the affected State or fishing 
community for assessing the economic and social effects of the 
commercial fishery failure, or any activity that the Secretary deter-
mines is appropriate to restore the fishery or prevent a similar 
failure in the fiiture and to assist a fishing community affected 
by such failure. Before making funds available for an activity 
authorized under this section, the Secretary shall make a deter-
mination that such activity will not expand the size or scope of 
the commercial fishery failure in that fishery or into other fisheries 
or other geographic regions. 
"(3) The Federal share of the cost of any activity carried out 
under the authority of this subsection shall not exceed 75 percent 
of the cost of that activity. 
Appropriation 
"(4) There are authorized to be appropriated to the Secretary 
authorization. 
such sums as are necessary for each of the fiscal years 1996, 
1997,1998, and 1999. 
"(b) FISHING CAPACITY REDUCTION PROGRAM.—(1) The Sec-
retary, at the request of the appropriate Council for fisheries under 
the authority of such Council, or the Governor of a State for fisheries 
under State authority, may conduct a fishing capacity reduction 
program (referred to in this section as the 'program') in a fishery 
if the Secretary determines that the program— 
"(A) is necessary to prevent or end overfishing, rebuild 
stocks of fish, or achieve measurable and significsint improve-
ments in the conservation and management of the fishery; 
"(B) is consistent with the Federal or State fishery manage-
ment plan or program in effect for such fishery, as appropriate, 
and that the fishery management plan— 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3601 
"(i) will prevent the replacement of fishing capacity 
removed by the program through a moratorium on new 
entrants, restrictions on vessel upgrades, and other effort 
control measures, taking into account the full potential 
fishing capacity of the fleet; and 
"(ii) establishes a specified or target total allowable 
catch or other measures that trigger closure of the fishery 
or adjustments to reduce catch; and 
"(C) is cost-effective and capable of repaying any debt 
obligation incurred under section 1111 of title XI of the Mer-
chant Marine Act, 1936, 
"(2) The objective of the program shall be to obtain the maxi-
mum sustained reduction in fishing capacity at the least cost and 
in a minimum period of time. To achieve that objective, the Sec-
retary is authorized to pay— 
"(A) the owner of a fishing vessel, if such vessel is (i) 
scrapped, or (ii) through the Secretary of the department in 
which the Coast Guard is operating, subjected to title restric-
tions that permanently prohibit and effectively prevent its use 
in fishing, £uid if the permit authorizing the participation of 
the vessel in the fishery is surrendered for permanent revoca-
tion and the owner relinquishes any claim associated with 
the vessel and permit that could qualify such owner for any 
present or future limited access system permit in the fishery 
for which the program is established; or 
"(B) the holder of a permit authorizing participation in 
the fishery, if such permit is surrendered for permanent revoca-
tion, and such holder relinquishes any claim associated with 
the permit and vessel used to harvest fishery resources under 
the permit that could qualify such holder for any present or 
future limited access system permit in the fishery for which 
the program was established. 
"(3) Participation in the program shall be voluntary, but the 
Secretary shall ensure compliance by all who do participate. 
"(4) The Secretary shall consult, as appropriate, with Councils, 
Federal agencies. State and regional authorities, affected fishing 
communities, participants in the fishery, conservation organiza-
tions, and other interested parties throughout the development 
and implementation of any program luider this section. 
"(c) PROGRAM FUNDING.—(1) The program may be funded by 
any combination of amounts— 
"(A) available under clause (iv) of section 2(b)(1)(A) of the 
Act of August 11, 1939 (15 U.S.C. 713c-3(b)(l)(A); the 
Saltonstall-Kennedy Act); 
"(B) appropriated for the purposes of this section; 
"(C) provided by an industry fee system established under 
subsection (d) £uid in accordance with section 1111 of title 
XI of the Merchant Marine Act, 1936; or 
"(D) provided from any State or other public sources or 
private or non-profit organizations. 
"(2) All fimds for the program, including any fees established 
under subsection (d), shall be paid into the fishing capacity reduc-
tion fund established under section 1111 of title XI of the Merchant 
Marine Act, 1936. 
"(d) INDUSTRY FEE SYSTEM.—(1)(A) If an industry fee system 
is necessary to fund the program, the Secretary, at the request 
of the appropriate Council, may conduct a referendum on such 
110 STAT. 3602 
PUBLIC LAW 104-297—OCT. 11, 1996 
Notification. 
Federal Register, 
publication. 
Public 
information. 
Federal Register, 
publication. 
system. Prior to the referendum, the Secretary, in consultation 
with the Council, shall— 
"(i) identify, to the extent practicable, and notify all permit 
or vessel owners who would be affected by the program; and 
"(ii) make available to such owners information about the 
industry fee system describing the schedule, procedures, and 
eligibility requirements for the referendum, the proposed pro-
gram, and the amount and duration and smy other terms and 
conditions of the proposed fee system. 
"(B) The industry fee system shall be considered approved 
if the referendum votes which are cast in favor of the proposed 
system constitute a two-thirds majority of the participants voting. 
"(2) Notwithstanding section 304(d) and consistent with an 
approved industry fee system, the Secretary is authorized to estab-
lish such a system to fund the program and repay debt obligations 
incurred pursuant to section 1111 of title XI of the Merchant 
Marine Act, 1936. The fees for a program established under this 
section shsdl— 
"(A) be determined by the Secretary and adjusted from 
time to time as the Secretary considers necesssiry to ensure 
the availability of sufficient funds to repay such debt obliga-
tions; 
"(B) not exceed 5 percent of the ex-vessel value of all 
fish harvested from the fishery for which the program is estab-
lished; 
"(C) be deducted by the first ex-vessel fish purchaser from 
the proceeds otherwise payable to the seller and accounted 
for and forwarded by such fish purchasers to the Secretary 
in such manner as the Secretary may establish; and 
"(D) be in effect only luitil such time as the debt obligation 
has been fully paid. 
"(e) IMPLEMENTATION PLAN.—(1) The Secretary, in consultation 
with the appropriate Council or State and other interested parties, 
shall prepare and publish in the Federal Register for a 60-day 
public comment period an implementation plan, including proposed 
regulations, for each program. The implementation plan shall— 
"(A) define criteria for determining types and numbers 
of vessels which are eligible for participation in the program 
taking into account characteristics of the fishery, the require-
ments of applicable fishery management plans, the needs of 
fishing communities, and the need to minimize program costs; 
and 
"(B) establish procedures for program participation (such 
as submission of owner bid under an auction system or fair 
market-value assessment) including any terms and conditions 
for participation which the Secretary deems to be reasonably 
necessary to meet the goals of the program. 
"(2) During the 60-day pubUc comment period— 
"(A) the Secretary shall conduct a public hearing in each 
State affected by the program; and 
"(B) the appropriate Coxincil or State shall submit its com-
ments and recommendations, if any, regarding the plan and 
regulations. 
"(3) Within 45 days after the close of the public comment 
period, the Secretary, in consultation with the appropriate Council 
or State, shall analyze the public comment received and publish 
in the Federal Register a final implementation plan for the program 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3603 
and regulations for its implementation. The Secretary may not 
adopt a final implementation plan involving industry fees or debt 
obligation unless an industry fee system has been approved by 
a referendum under this section.". 
(b) STUDY OF FEDERAL INVESTMENT.—The Secretary of Com-
merce shall establish a task force comprised of interested parties 
to study and report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources 
of the House of Representatives within 2 years of the date of 
enactment of this Act on the role of the Federal Government in— 
(1) subsidizing the expansion and contraction of fishing 
capacity in fishing fleets managed under the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.); 
and 
(2) otherwise influencing the aggregate capital investments 
in fisheries. 
(c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C. 
713c3(b)(l)(A)) is amended— 
(1) by striking "and" at the end of clause (ii); 
(2) by striking the period at the end of clause (iii) and 
inserting a semicolon and the word "and"; and 
(3) by adding at the end the following new clause: 
"(iv) to fund the Federal share of a fishing capacity 
reduction program established under section 312 of 
the Magnuson Fishery Conservation and Management 
Act; and". 
SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN FISH-
ERIES. 
(a) NORTH PACIFIC FISHERIES CONSERVATION.—Section 313 (16 
U.S.C. 1862) is amended— 
(1) by striking "RESEARCH PLAN" in the section heading 
and inserting "CONSERVATION"; 
(2) in subsection (a) by striking "North Pacific Fishery 
Management Council" and inserting "North Pacific Council"; 
and 
(3) by adding at the end the following: 
"(f) BYCATCH REDUCTION.—In implementing section 303(a)(ll) 
and this section, the North Pacific Council shall submit conservation 
and management measures to lower, on an annual basis for a 
period of not less than four years, the total amount of economic 
discards occurring in the fisheries under its jurisdiction. 
"(g) BYCATCH REDUCTION INCENTIVES.—(1) Notwithstanding 
section 304(d), the North Pacific Council may submit, and the 
Secretary may approve, consistent with the provisions of this Act, 
a system of fines in a fishery to provide incentives to reduce bycatch 
and bycatch rates; except tnat such fines shall not exceed $25,000 
per vessel per season. Any fines collected shall be deposited in 
the North Pacific Fishery (5bserver Fund, and may be made avail-
able by the Secretary to oflfset costs related to the reduction of 
bycatch in the fishery fi*om which such fines were derived, including 
conservation and management measures and research, and to the 
State of Alaska to offset costs incurred by the State in the fishery 
fi'om which such penalties were derived or in fisheries in which 
the State is directly involved in management or enforcement and 
which are directly sfeiected by the fishery fi-om which such penalties 
were derived. 
Establishment. 
Reports. 
16 use 1861a 
note. 
15 use 713C-3. 
110 STAT. 3604 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(2)(A) Notwithstanding section 303(d), and in addition to the 
authority provided in section 303(b)(10), the North Pacific Council 
may submit, and the Secretary may approve, conservation and 
management measures which provide allocations of regulatory dis-
cai'ds to individual fishing vessels as an incentive to reduce per 
vessel bycatch and bycatch rates in a fishery. Provided, That— 
"(i) such allocations may not be trginsferred for monetary 
consideration and are made only on an annual basis; and 
"(ii) any such conservation and management measures will 
meet the requirements of subsection (h) and will result in 
an actual reduction in regulatory discards in the fishery. 
"(B) The North Pacific Council may submit restrictions in addi-
tion to the restriction imposed by clause (i) of subparagraph (A) 
on the transferability of any such allocations, £ind the Secretary 
may approve such recommendation. 
"(h) CATCH MEASUREMENT.—(1) By June 1, 1997 the North 
Pacific Council shall submit, and the Secretary may approve, 
consistent with the other provisions of this Act, conservation and 
management measures to ensure total catch measurement in each 
fishery under the jurisdiction of such Council. Such measures shall 
ensure the accurate enumeration, at a minimum, of target species, 
economic discards, and regulatory discards. 
"(2) To the extent the measures submitted under paragraph 
(1) do not require United States fish processors and fish processing 
vessels (as defined in chapter 21 of title 46, United States Code) 
to weigh fish, the North Pacific Council and the Secretary shall 
submit a plan to the Congress by January 1, 1998, to allow for 
weighing, including recommendations to assist such processors and 
processing vessels in acquiring necessary equipment, unless the 
Council determines that such weighing is not necessary to meet 
the requirements of this subsection. 
Reports. 
"(i) FULL RETENTION AND UTILIZATION.—(1) The North Pacific 
Council shall submit to the Secretary by October 1, 1998 a report 
on the advisability of requiring the full retention by fishing vessels 
and fiiU utilization by United States fish processors of economic 
discards in fisheries under its jurisdiction if such economic discards, 
or the mortedity of such economic discards, cannot be avoided. 
The report shall address the projected impacts of such requirements 
on participeints in the fishery and describe any full retention and 
full utilization requirements that have been implemented. 
"(2) The report shall address the advisability of measures to 
minimize processing waste, including standards setting minimum 
percentages which must be processed for human consumption. For 
the purpose of the report, processing waste' means that portion 
of any fish which is processed and which could be used for human 
consumption or other commercial use, but which is not so used.". 
(b) NORTHWEST ATLANTIC OCEAN FISHERIES.—Section 314 (16 
U.S.C. 1863) is amended by striking "1997" in subsection (a)(4) 
and inserting "1999". 
TITLE II—FISHERY MONITORING AND 
RESEARCH 
SEC. 201. CHANGE OF TITLE. 
The heading of title IV (16 U.S.C. 1881 et seq.) is amended 
to read as follows: 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3605 
**TITLE IV—FISHERY MONITORING AND 
RESEARCH". 
SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT. 
Title IV (16 U.S.C. 1881 et seq.) is amended by inserting 
Eifter the title heading the following: 
"SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT. 
16 USC 1881. 
"(a) 
STANDARDIZED 
FISHING 
VESSEL 
REGISTRATION AND 
INFORMATION 
MANAGEMENT 
SYSTEM.—The Secretary shall, in 
cooperation with the Secretary of the department in which the 
Coast Guard is operating, the States, the Councils, £ind Marine 
Fisheries Commissions, develop recommendations for implementa-
tion of a standardized fishing vessel registration and information 
meinagement system on a regional basis. The recommendations 
shall be developed after consultation with interested governmental 
and nongovernmental parties and shall— 
"(1) be designed to standardize the requirements of vessel 
registration and information collection systems required by this 
Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et 
seq.), and any other marine resource law implemented by the 
Secretary, and, with the permission of a State, any marine 
resovu-ce law implemented by such State; 
"(2) integrate information collection programs under exist-
ing fishery management plans into a non-duplicative informa-
tion collection and management system; 
"(3) avoid duplication of existing State, tribal, or Federal 
systems and shall utilize, to the maximum extent practicable, 
information collected from existing systems; 
"(4) provide for implementation of the system through 
cooperative agreements with appropriate State, regional, or 
tribal entities £ind Marine Fisheries Commissions; 
"(5) provide for funding (subject to appropriations) to assist 
appropriate State, regional, or tribal entities and Marine Fish-
eries Commissions in implementation; 
"(6) establish standardized units of measurement, nomen-
clature, and formats for the collection and submission of 
information; 
"(7) minimize the paperwork required for vessels registered 
under the system; 
"(8) include all species of fish within the geographic areas 
of authority of the Councils and all fishing vessels including 
charter fishing vessels, but excluding recreational fishing ves-
"(9) require United States fish processors, and fish dealers 
and other first ex-vessel purchasers of fish that are subject 
to the proposed system, to submit information (other than 
economic information) which may be necessary to meet the 
goals of the proposed system; and 
"(10) include procedures necessary to ensure— 
"(A) the confidentiality of information collected under 
this section in accordance with section 402(b); and 
"(B) the timely release or availability to the public 
of information collected under this section consistent with 
section 402(b). 
110 STAT. 3606 
PUBLIC LAW 104-297—OCT. 11, 1996 
Federal Register, 
publication. 
Proposals. 
"(b) FISHING VESSEL REGISTRATION.—The proposed registration 
system should, at a minimum, obtain the following information 
for each fishing vessel— 
"(1) the name and official number or other identification, 
together with the name and address of the owner or operator 
or both; 
"(2) gross tonnage, vessel capacity, t5^e and quantity of 
fishing gear, mode of operation (catcher, catcher processor, or 
other), and such other pertinent information with respect to 
vessel characteristics as the Secretary may require; £ind 
"(3) identification (by species, gear type, geographic area 
of operations, and season) of the fisheries in which the fishing 
vessel participates. 
"(c) FISHERY INFORMATION.—The proposed information manage-
ment system should, at a minimum, provide basic fisheries perform-
ance information for each fishery, including— 
"(1) the number of vessels participating in the fishery 
including charter fishing vessels; 
"(2) the time period in which the fishery occurs; 
"(3) the approximate geographic location or official report-
ing area where the fishery occurs; 
"(4) a description of fishing gear used in the fishery, includ-
ing the amount and t3rpe of such gear and the appropriate 
unit of fishing effort; and 
"(5) other information required under subsection 303(a)(5) 
or requested by the Council under section 402. 
"(d) USE OF REGISTRATION.—^Any registration recommended 
linder this section shall not be considered a permit for the purposes 
of this Act, and the Secretary may not propose to revoke, suspend, 
deny, or impose £iny other conditions or restrictions on any such 
registration or the use of such registration under this Act. 
"(e) PUBLIC COMMENT.—Within one year after the date of enact-
ment of the Sustainable Fisheries Act, the Secretary shall publish 
in the Federal Register for a 60-day public comment period a 
proposal that would provide for implementation of a standardized 
fisWng vessel registration and information collection system that 
meets the requirements of subsections (a) through (c). The proposal 
shall include— 
"(1) a description of the arrangements of the Secretary 
for consultation and cooperation with the department in which 
the Coast Guard is operating, the States, the Councils, Marine 
Fisheries 
Commissions, 
the 
fishing 
industry 
and 
other 
interested parties; and 
"(2) any proposed regulations or legislation necessary to 
implement the proposal. 
"(f) CONGRESSIONAL TRANSMITTAL.—Within 60 days after the 
end of the comment period and after consideration of comments 
received under subsection (e), the Secretary shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Resources of the House of Representatives 
a recommended proposal for implementation of a national fishing 
vessel registration system that includes— 
"(1) any modifications made after comment and consulta-
tion; 
"(2) a proposed implementation schedule, including a sched-
ule for the proposed cooperative agreements required under 
subsection (a)(4); and 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3607 
"(3) recommendations for any such additional legislation 
as the Secretary considers necessary or desirable to implement 
the proposed system. 
"(g) REPORT TO CONGRESS.—^Within 15 months after the date 
of enactment of the Sustainable Fisheries Act, the Secretary shall 
report to Congress on the need to include recreational fishing vessels 
into a national fishing vessel registration and information collection 
system. In preparing its report, the Secretary shall cooperate with 
the Secretary of the department in which the Coast Guard is 
operating, the States, the Councils, and Marine Fisheries Commis-
sions, and consult with governmental and nongovernmental par-
ties.". 
SEC. 203. INFORMATION COLLECTION. 
Section 402 is amended to read as follows: 
"SEC. 402. INFORMATION COLLECTION. 
"(a) COUNCIL REQUESTS.—If a Council determines that addi-
tional information (other than information that would disclose 
proprietary or confidential commercial or financial information 
regarding fishing operations or fish processing operations) would 
be beneficial for developing, implementing, or revising a fishery 
management plan or for determining whether a fishery is in need 
of management, the Council may request that the Secretary imple-
ment an information collection program for the fishery which would 
provide the types of information (other than information that would 
disclose proprietary or confidential commercial or financial informa-
tion reggirding fishing operations or fish processing operations) 
specified by the Council. The Secretary shall undertake such an 
information collection program if he determines that the need is 
justified, and shall promulgate regulations to implement the pro-
f
ram within 60 days after such determination is made. If the 
ecretary determines that the need for an information collection 
program is not justified, the Secretary shall inform the Council 
of the reasons 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 receipt 
of that request. 
"(b) CONFIDENTIALITY OF INFORMATION.—(1) Any information 
submitted to the Secretary by any person in compliance with any 
requirement under this Act shall be confidential and shall not 
be disclosed, except— 
"(A) to Federal employees and Council employees who Eire 
responsible for fishery management plan development and mon-
itoring; 
"(B) to State or Marine Fisheries Commission employees 
pursuant to an agreement with the Secretary that prevents 
public disclosure of the identity or business of any person; 
"(C) when required by court order; 
"(D) when such information is used to verify catch under 
an individual fishing quota program; 
"(E) that observer information collected in fisheries under 
the authority of the North Pacific Council may be released 
to the public as specified in a fishery management plan or 
regulation for weekly summary bycatch information identified 
by vessel, and for haul-specific bycatch information without 
vessel identification; or 
16 use 1881a. 
Regulations. 
110 STAT. 3608 
PUBLIC LAW 104-297—OCT. 11, 1996 
"(F) when the Secretary has obtained written authorization 
from the person submitting such information to release such 
information to persons for reasons not otherwise provided for 
in this subsection, and such release does not violate other 
requirements of this Act. 
Regulations. 
"(2) The Secretary shall, by regulation, prescribe such proce-
dures as may be necessary to preserve the confidentiality of informa-
tion submitted in complieince with any requirement or regulation 
under this Act, except that the Secretary may release or make 
public any such information in any aggregate or summary form 
which does not directly or indirectly disclose the identity or business 
of any person who submits such information. Nothing in this sub-
section shall be interpreted or construed to prevent the use for 
conservation and management purposes by the Secretary, or with 
the approval of the Secretary, the Council, of any information 
submitted in compliance with any requirement or regulation imder 
this Act or the use, release, or publication of bycatch information 
pursuant to paragraph (1)(E). 
Regulations. 
"(c) RESTRICTION ON USE OF CERTAIN INFORMATION.—(1) The 
Secretary shall promulgate regulations to restrict the use, in civil 
enforcement or criminal proceedings under this Act, the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and 
the Endangered Species Act (16 U.S.C. 1531 et seq.), of information 
collected by voluntary fishery data collectors, including sea sam-
plers, while aboard any vessel for conservation and management 
purposes if the presence of such a fishery data collector aboard 
is not required by any of such Acts or regulations thereunder. 
"(2) The Secretary may not require the submission of a Federal 
or State income tax return or statement as a prerequisite for 
issu£ince of a permit until such time as the Secretary has promul-
gated regulations to ensure the confidentiality of information con-
tained in such return or statement, to limit the information submit-
ted to that necessary to achieve a demonstrated conservation and 
management purpose, and to provide appropriate penalties for viola-
tion of such regulations. 
"(d) CONTRACTING AUTHORITY.—Notwithstanding any other 
provision of law, the Secretary may provide a grant, contract, or 
other financial assistance on a sole-source basis to a State, Coimcil, 
or Marine Fisheries Commission for the purpose of carrying out 
information collection or other programs if— 
"(1) the recipient of such a grant, contract, or other financial 
assistance is specified by statute to be, or has customarily 
been, such State, Council, or Marine Fisheries Commission; 
or 
"(2) the Secretary has entered into a cooperative agreement 
with such State, Council, or Marine Fisheries Commission. 
"(e) RESOURCE ASSESSMENTS.—(1) The Secretary may use 
the 
private sector to provide vessels, equipment, and services necessary 
to survey the fishery resources of the United States when the 
arrangement will 5deld statistically reliable results. 
"(2) The Secretary, in consultation with the appropriate 
Council and the fishing industry— 
"(A) may structure competitive solicitations under 
paragraph (1) so as to compensate a contractor for a fishery 
resources survey by allowing the contractor to retain for 
s£de fish harvested during the survey voyage; 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3609 
"(B) in the case of a survey during which the quantity 
or quahty of fish harvested is not expected to be adequately 
compensatory, may structure those soHcitations so as to 
provide that compensation by permitting the contractor 
to harvest on a subsequent voyage and retain for sale 
a portion of the allowable catch of the surveyed fishery; 
and 
"(C) may permit fish harvested during such survey 
to count toward a vessel's catch history imder a fishery 
management plan if such survey was conducted in a man-
ner that precluded a vessel's participation in a fishery 
that counted under the plan for purposes of determining 
catch history. 
"(3) The Secretary shall undertake efforts to expand annual 
fishery resource assessments in all regions of the Nation.". 
SEC. 204. OBSERVERS. 
Section 403 is amended to read as follows: 
16USC1881b 
«SEC. 403. OBSERVERS. 
"(a) GUIDELINES FOR CARRYING OBSERVERS.—Within one year Regulations. 
gifter the date of enactment of the Sustainable Fisheries Act, the 
SecretEiry shall promulgate regulations, afl;er notice and opportimity 
for public comment, for fishing vessels that carry observers. The 
regulations shall include guidelines for determining— 
"(1) when a vessel is not required to carry an observer 
on board because the facilities of such vessel for the quartering 
of an observer, or for canying out observer functions, are so 
inadequate or unsafe that the health or safety of the observer 
or the safe operation of the vessel would be jeopardized; and 
"(2) actions which vessel owners or operators may reason-
ably be required to take to render such facilities adequate 
and safe. 
"(b) TRAINING.—^The Secretary, in cooperation with the appro-
priate States and the National Sea Grant College Program, shall— 
"(1) establish programs to ensure that each observer 
receives adequate training in collecting and analyzing the 
information necessary for the conservation and management 
purposes of the fishery to which such observer is assigned; 
"(2) require that an observer demonstrate competence in 
fisheries science and statistical analysis at a level sufficient 
to enable such person to fiilfiU the responsibilities of the posi-
tion; 
"(3) ensure that an observer has received adequate training 
in basic vessel safety; and 
"(4) make use of university and any appropriate private 
nonprofit organization training facilities and resources, where 
possible, in canying out this subsection. 
"(c) OBSERVER STATUS.—An observer on a vessel and under 
contract to carry out responsibilities under this Act or the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall 
be deemed to be a Federal employee for the purpose of compensation 
under the Federal Employee Compensation Act (5 U.S.C. 8101 
et seq.).". 
SEC. 205. FISHERIES RESEARCH. 
Section 404 is amended to read as follows: 
^ 
16 USC I88lc. 
110 STAT. 3610 
PUBLIC LAW 104-297—OCT. 11, 1996 
<«EC. 404. FISHERIES RESEARCH. 
"(a) IN GENERAL.—The Secretary shall initiate and maintain, 
in cooperation with the Councils, a comprehensive program of fish-
ery research to carry out and further the purposes, policy, and 
provisions of this Act. Such program shall be designed to acquire 
knowledge and information, including statistics, on fishery con-
servation and management and on the economics and social 
characteristics of the fisheries. 
Federal Register, 
"(b) STRATEGIC PLAN.—^Within one year after the date of enact-
publication. 
ment of the Sustainable Fisheries Act, and at least every 3 years 
thereafter, the Secretary shall develop and publish in the Federal 
Register a strategic pl£in for fisheries research for the 5 years 
immediately following such publication. The plan shall— 
"(1) identifj^ and describe a comprehensive program with 
a hmited number of priority objectives for research in each 
of the areas specified in subsection (c); 
"(2) indicate goals and timetables for the program described 
in paragraph (1); 
"(3) provide a role for commercial fishermen in such 
research, including involvement in field testing; 
"(4) provide for collection and dissemination, in a timely 
manner, of complete and accurate information concerning fish-
ing activities, catch, effort, stock assessments, and other 
research conducted under Hiis section; and 
"(5) be developed in cooperation with the Councils and 
affected States, and provide for coordination with the Councils, 
affected States, and other research entities, 
"(c) AREAS OF RESEARCH.—Areas of research are as follows: 
"(1) Research to support fishery conservation and manage-
ment, including but not limited to, biological research concern-
ing tiie abundance and life history psirameters of stocks of 
fish, the interdependence of fisheries or stocks of fish, the 
identification of essentied fish habitat, tiie impact of pollution 
on fish populations, the impact of wetland and estuarine deg-
radation, and other factors affecting the abundance and avau-
abihty offish. 
"(2) Conservation engineering research, including the study 
of fish behavior and the development and testing of new gear 
technology and fishing techniques to minimize bycatch and 
any adverse effects on essential fish habitat and promote effi-
cient harvest of target species. 
"(3) Research on the fisheries, including the social, cultural, 
and economic relationships among fishing vessel owners, crew, 
United States fish processors, associated shoreside labor, sea-
food markets and fisning communities. 
"(4) Information management research, including the devel-
opment of a fishery information base and an information 
management system under section 401 that will permit the 
full use of information in the support of effective fishery con-
servation and management. 
Federal Register, 
"(d) PUBLIC NOTICE.—In developing the plan required under 
publication. 
subsection (a), the Secretary shall consult with relevant Federal, 
State, and international agencies, scientific and technical experts, 
and other interested persons, public and private, and shall pubUsh 
a proposed plan in the Federal Register for the purpose of receiving 
pubUc comment on the plan. Trie Secretary shall ensure that 
affected commercial fishermen eire actively involved in the develop-
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3611 
ment of the portion of the plan pertaining to conservation engineer-
ing research. Upon final publication in the Federal Register, the 
plan shall be submitted by the Secretary to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives.". 
SEC. 206. OCCIDENTAL HARVEST RESEARCH. 
Section 405 is amended to read as follows: 
16 USC I88ld. 
'^EC. 406. INCmENTAL HARVEST RESEARCH. 
"(a) COLLECTION OF INFORMATION.—^Within nine months after 
the date of enactment of the Sustainable Fisheries Act, the Sec-
retary shall, after consultation with the Gulf Council and South 
Atlantic Council, conclude the collection of information in the pro-
gram to assess the impact on fishery resources of incidental harvest 
by the shrimp trawl fishery within the authority of such Councils. 
Within the same time period, the Secretary shall make avedlable Public 
to the public aggregated summaries of information collected prior information, 
to June 30, 1994 under such program. 
"(b) IDENTIFICATION OF STOCK.—^The program concluded pursu-
ant to subsection (a) shall provide for the identification of stocks 
of fish which are subject to significant incidental harvest in the 
course of normal shrimp trawl fishing activity. 
"(c) COLLECTION AND ASSESSMENT OF SPECIFIC STOCK INFORMA-
TION.—For stocks of fish identified pursuant to subsection (b), with 
priority given to stocks which (based upon the best available sci-
entific information) are considered to be overfished, the Secret£iry 
shall conduct— 
"(1) a program to collect £ind evaluate information on the 
nature and extent (including the spatial and temporal distribu-
tion) of incidental mortality of such stocks as a direct result 
of shrimp trawl fishing activities; 
"(2) an assessment of the status £ind condition of such 
stocks, including collection of information which would allow 
the estimation of life history parameters with 
sufficient 
accuracy and precision to support sound scientific evaluation 
of the effects of various management alternatives on the status 
of such stocks; and 
"(3) a program of information collection and evaluation 
for such stocks on the magnitude and distribution of fishing 
mortality and fishing effort by sources of fishing mortality 
other than shrimp trawl fishing activity. 
"(d) BYCATCH REDUCTION PROGRAM.—Not later than 12 months 
after the enactment of the Sustainable Fisheries Act, the Secretary 
shall, in cooperation with affected interests, and based upon the 
best scientific information available, complete a program to— 
"(1) develop technological devices and other changes in 
fishing operations necessary and appropriate to minimize the 
incidental mortality of bycatch in the course of shrimp trawl 
activity to the extent practicable, taking into account the level 
of bycatch mortality in the fishery on November 28, 1990; 
"(2) evaluate the ecological impacts and the benefits and 
costs of such devices and changes in fishing operations; and 
"(3) assess whether it is practicable to utilize bycatch which 
is not avoidable. 
"(e) REPORT TO CONGRESS.—The Secretary shall, within one 
year of completing the programs required by this section, submit 
a detailed report on the results of such programs to the Committee 
110 STAT. 3612 
PUBLIC LAW 104-297—OCT. 11, 1996 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives. 
"(f) IMPLEMENTATION CRITERIA.—To the extent practicable, any 
conservation and management measure implemented under this 
Act to reduce the incidental mortality of bycatch in the course 
of shrimp trawl fishing shall be consistent with— 
"(1) measures applicable to fishing throughout the range 
in United States waters of the bycatch species concerned; and 
"(2) the need to avoid einy serious adverse environmental 
impacts on such bycatch species or the ecology of the affected 
area.". 
SEC. 207. MISCELLANEOUS RESEARCH. 
(a) FISHERIES SYSTEMS RESEARCH.—Section 406 (16 U.S.C. 
1882) is amended to read as follows: 
''SEC. 406. FISHERIES SYSTEMS RESEARCH. 
"(a) ESTABLISHMENT OF PANEL.—Not later than 180 days after 
the date of enactment of the Sustainable Fisheries Act, the Sec-
retary shall establish an advisory panel under this Act to develop 
recommendations to expand the application of ecosystem principles 
in fishery conservation and memagement activities. 
"(b) PANEL MEMBERSHIP.—Txie advisory panel shall consist of 
not more than 20 individuals and include— 
"(1) individuals with expertise in the structures, functions, 
and physical and biological characteristics of ecosystems; and 
"(2) representatives from the Councils, States, fishing 
industry, conservation organizations, or others with expertise 
in the msinagement of marine resources. 
"(c) RECOMMENDATIONS.—Prior to selecting advisory panel 
members, the Secretary shall, with respect to panel members 
described in subsection (b)(1), solicit recommendations from the 
National Academy of Sciences. 
. "(d) REPORT.—^Within 2 years after the date of enactment of 
this Act, the SecretEiry shall submit to the Congress a completed 
report of the panel established under this section, which shall 
include— 
"(1) an analysis of the extent to which ecosystem principles 
are being applied in fishery conservation and management 
activities, including research activities; 
"(2) proposed actions by the Secreteiry and by the Congress 
that should be undertaken to expand the application of eco-
system principles in fishery conservation £ind management; 
and 
"(3) such other information as may be appropriate. 
"(e) PROCEDURAL MATTER.—The advisory panel established 
under this section shall be deemed an advisory panel under section 
302(g).". 
(b) GULF OF MEXICO RED SNAPPER RESEARCH.—Title IV of 
the Act (16 U.S.C. 1882) is amended by adding the following new 
section: 
16 use 1883. 
"SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH. 
"(a) INDEPENDENT PEER REVIEW.—(1) Within 30 days of the 
date of enactment of the Sustainable Fisheries Act, the Secretary 
shall initiate an independent peer review to evaluate— 
"(A) the accuracy and adequacy of fishery statistics used 
by the Secretary for the red snapper fishery in the Gulf of 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3613 
Mexico to account for all commercial, recreational, and charter 
fishing harvests and fishing effort on the stock; 
"(B) the appropriateness of the scientific methods, informa-
tion, and models used by the Secretary to assess the status 
emd trends of the Gulf of Mexico red snapper stock and as 
the basis for the fishery management plan for the Gulf of 
Mexico red snapper fishery; 
"(C) the appropriateness and adequacy of the management 
measures in the fishery management plan for red snapper 
in the Gulf of Mexico for conserving and managing the red 
snapper fishery under this Act; and 
"(D) the costs and benefits of all reasonable alternatives 
to an individual fishing quota program for the red snapper 
fishery in the Gulf of Mexico. 
"(2) The Secretary shall ensure that commercial, recreational, 
and charter fishermen in the red snapper fishery in the Gulf of 
Mexico are provided an opportunity to— 
"(A) participate in the peer review under this subsection; 
and 
"(B) provide information to the Secretary concerning the 
review of fishery statistics under this subsection without being 
subject to penalty under this Act or other applicable law for 
any past violation of a requirement to report such information 
to the Secretary. 
"(3) The Secretary shall submit a detailed written report on Reports. 
the findings of the peer review conducted under this subsection 
to the Gulf Council no later than one year after the date of enact-
ment of the Sustainable Fisheries Act. 
"(b) PROHIBITION.—In addition to the restrictions under section 
303(d)(1)(A), the Gulf Coimcil may not, prior to October 1, 2000, 
undertake or continue the preparation of any fishery management 
plan, plan amendment or regulation under this Act for the Gulf 
of Mexico commercial red snapper fishery that creates an individual 
fishing quota program or that authorizes the consolidation of 
licenses, permits, or endorsements that result in different trip limits 
for vessels in the same class. 
"(c) REFERENDUM.— 
"(1) On or after October 1, 2000, the Gulf Council may 
prepare and submit a fishery management plan, plan amend-
ment, or regulation for the Gulf of Mexico commercial red 
snapper fishery that creates an individual fishing quota pro-
gram or that authorizes the consolidation of licenses, permits, 
or endorsements that result in different trip limits for vessels 
in the same class, only if the preparation of such plan, amend-
ment, or regulation is approved in a referendum conducted 
under paragraph (2) and only if the submission to the Secretary 
of such plan, amendment, or regulation is approved in a subse-
quent referendum conducted under paragraph (2). 
"(2) The Secretary, at the request of the Gulf Council, 
shall conduct referendimis under this subsection. Only a person 
who held an annual vessel permit with a red snapper endorse-
ment for such permit on September 1, 1996 (or any person 
to whom such permit with such endorsement was transferred 
after such date) and vessel captains who harvested red snapper 
in a commercial fishery using such endorsement in each red 
snapper fishing season occurring between January 1, 1993, 
£ind such date may vote in a referendum under this subsection. 
110 STAT. 3614 
PUBLIC LAW 104-297—OCT. 11, 1996 
The referendum shall be decided by a majority of the votes 
cast. The Secretary shall develop a formula to weigh votes 
based on the proportional harvest under each such permit 
and endorsement and by each such captain in the fishery 
between January 1, 1993, and September 1, 1996. Prior to 
each referendum, the Secretary, in consultation with the Coun-
cil, shall— 
Notification. 
"(A) identify and notify all such persons holding per-
mits with red snapper endorsements and all such vessel 
captains; and 
"(B) make available to all such persons £ind vessel 
captains information about the schedule, procedures, and 
eligibility requirements for the referendum and the pro-
posed individual fishing quota program. 
"(d) CATCH LIMITS.—^Any fishery management plan, plain 
amendment, or regulation submitted by the Gulf Council for the 
red snapper fishery after the date of enactment of the Sustainable 
Fisheries Act shall contain conservation and management measures 
that— 
"(1) establish separate quotas for recreational fishing 
(which, for the purposes of this subsection shall include charter 
fishing) and commercial fishing that, when reached, result in 
a proMbition on the retention of fish caught during recreational 
fishing and commercial fishing, respectively, for the remainder 
of the fishing year; and 
"(2) ensure that such quotas reflect allocations among such 
sectors and do not reflect any harvests in excess of such alloca-
tions.". 
16 use 1881c 
SEC. 208. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE 
note. 
ORGANIZATIONS, 
(a) STUDY.—The Secretary of Commerce shall conduct a study 
of the contribution of bycatch to charitable organizations by commer-
cial fishermen. The study shall include determinations of— 
(1) the amount of bycatch that is contributed each year 
to charitable organizations by commercial fishermen; 
(2) the economic benefits to commercial fishermen from 
those contributions; and 
(3) the impact on fisheries of the availability of those bene-
fits. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Commerce shall submit to the Congress 
a report containing determinations made in the study under sub-
section (a). 
(c) BYCATCH DEFINED.—In this section the term "bycatch" has 
the meaning given that term in section 3 of the Magnuson Fishery 
Conservation and Management Act, as amended by section 102 
of this Act. 
SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS. 
(a) IN GENERAL.—The Secretary of Commerce shall conduct 
a study to determine the best possible method of identifying various 
Atlantic and Pacific salmon smd steelhead stocks in the ocean 
at time of harvest. The study shall include £m. assessment of— 
(1) coded wire tags; 
(2) fin clipping; gind 
(3) other identification methods. 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3615 
(b) REPORT.—The Secretary shall report the results of the study, 
together with any recommendations for legislation deemed nec-
essary based on the study, within 6 months after the date of 
enactment of this Act to the Committee on Resources of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS. 
The National Academy of Sciences, in consultation with region-
ally recognized fishery experts, shall conduct a peer review of 
CanadiEin and United States stock assessments, information collec-
tion methodologies, biological assumptions and projections, and 
other relevant scientific information used as the basis for conserva-
tion and management in the Northeast multispecies fishery. The 
National Academy of Sciences shall submit the results of such 
review to the Congress and the Secretary of Commerce no later 
than March 1,1997. 
SEC. 211. CLERICAL AMENDMENTS. 
The table of contents is amended by striking the matter relating 
to title IV and inserting the following: 
"Sec. 312. Transition to sustainable fisheries. 
"Sec. 313. North Pacific fisheries conservation. 
"Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program. 
"TITLE IV—FISHERY MONITORING AND RESEARCH 
"Sec. 401. Registration and information management. 
"Sec. 402. Information collection. 
"Sec. 403. Observers. 
"Sec. 404. Fisheries research. 
"Sec. 405. Incidental harvest research. 
"Sec. 406. Fisheries systems research. 
"Sec. 407. Gulf of Mexico red snapper research.". 
TITLE III—FISHERIES FINANCING 
Fisheries 
Financing Act. 
SEC. 301. SHORT TITLE. 
46USCapp. 
This title may be cited as the "Fisheries Financing Act". 
SEC. 302. INDIVIDUAL FISHING QUOTA LOANS. 
(a) AMENDMENT OF MERCHANT MARINE ACT, 1936.—Section 
1104A of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274) 
is gimended— 
(1) by striking "or" at the end of subsection (a)(5); 
(2) by striking the period at the end of subsection (a)(6) 
and inserting a semicolon and "or"; 
(3) by adding at the end of subsection (a) the following: 
"(7) financing or refinancing, including, but not limited 
to, the reimbursement of obligors for expenditures previously 
made, for the purchase of individual fishing quotas in accord-
ance with section 303(d)(4) of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1853(d)(4))."; and 
(4) by striking "paragraph (6)" in the last sentence of 
subsection (a) and inserting "paragraphs (6) and (7)"; and 
(5) by striking "equal to" in the third proviso of subsection 
(b)(2) and inserting "not to exceed". 
(b) PROHIBITION.—Until October 1, 2001, no new loans may 46 use app. 
be guaranteed by the Federal Government for the construction 
1274 note. 
of new fishing vessels if the construction will result in an increased 
110 STAT. 3616 
PUBLIC LAW 104-297—OCT. 11, 1996 
harvesting capacity within the United States exclusive economic 
zone. 
SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION. 
(a) CAPACITY REDUCTION AND FINANCING AUTHORITY.—Title XI 
of the Merchant Marine Act, 1936 (46 US.C. App. 1271 et seq.), 
is amended by adding at the end the following new sections: 
46 use app. 
" S E C 1111. (a) The Secretary is authorized to guarantee the 
I279f. 
repajrment of debt obligations issued by entities under this section. 
Debt obligations to be guaranteed may be issued by any entity 
that has been approved by the Secretary and has agreed with 
the Secretary to such conditions as the Secretary deems necessary 
for this section to achieve the objective of the program and to 
protect the interest of the United States. 
"(b) Any debt obligation guaranteed under this section shall— 
"(1) be treated in the same manner and to the same extent 
as other obligations guaranteed under this title, except with 
respect to provisions of this title that by their nature cannot 
be applied to obligations guaranteed under this section; 
"(2) have the fishing fees established under the program 
paid into a separate subaccount of the fishing capacity reduction 
fund established under this section; 
"(3) not exceed $100,000,000 in an unpaid principal amount 
outstanding at any one time for a program; 
"(4) have such maturity (not to exceed 20 years), take 
such form, and contain such conditions as the Secretary deter-
mines necessary for the program to which they relate; 
"(5) have as the exclusive source of repa3anent (subject 
to the proviso in subsection (c)(2)) and as the exclusive payment 
security, the fishing fees established under the program; and 
"(6) at the discretion of the Secretary be issued in the 
public market or sold to the Federal Financing Bank. 
"(c)(1) There is established in the Treasury of the United States 
a separate account which shall be known as the fishing capacity 
reduction fund (referred to in this section as the 'fund'). Within 
the fund, at least one subaccount shall be established for each 
program into which shall be paid all fishing fees established under 
the program and other amounts authorized for the program. 
"(2) Amounts in the fund shall be available, without appropria-
tion or fiscal year limitation, to the Secretary to pay the cost 
of the program, including payments to financial institutions to 
pay debt obligations incurred by entities under this section: Pro-
vided, That funds available for this purpose from other amounts 
available for the program may also be used to pay such debt 
obligations. 
"(3) Sums in the fund that are not currently needed for the 
purpose of this section shall be kept on deposit or invested in 
obligations of the United States. 
"(d) The Secretary is authorized and directed to issue such 
regulations as the Secretary deems necessary to carry out this 
section. 
"(e) For the purposes of this section, the term 'program' means 
a fishing capacity reduction program established under section 312 
of the Magnuson Fishery Conservation and Management Act. 
46 use app. 
"SEC. 1112. (a) Notwithstanding any other provision of this 
I279g. 
title, all obligations involving any fishing vessel, fishery facility, 
aquaculture facility, individual fishing quota, or fishing capacity 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3617 
reduction program issued under this title after the date of enact-
ment of the Sustainable Fisheries Act shall be direct loan obliga-
tions, for which the Secretary shall be the obligee, rather than 
obligations issued to obligees other than the Secretary and guarsin-
teed by the Secretary. All direct loan obligations under this section 
shall be treated in the same manner and to the same extent 
as obligations guaranteed under this title except with respect to 
provisions of tWs title which by their nature can only be applied 
to obligations guarsinteed under this title. 
"(b) Notwithstanding any other provisions of this title, the 
annual rate of interest which obligors shall pay on direct loan 
obligations under this section shall be fixed at two percent of 
the principal amoimt of such obligations outstanding plus such 
additional percent as the Secretary shall be obligated to pay as 
the interest cost of borrowing from the United States Treasury 
the funds with which to make such direct loans.". 
TITLE IV—MARINE FISHERY STATUTE 
REAUTHORIZATIONS 
SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF APPROPRIA-
TIONS. 
(a) FISHERIES INFORMATION COLLECTION AND ANALYSIS.—There 
are authorized to be appropriated to the Secretary of Commerce, 
to enable the National Oceanic and Atmospheric Administration 
to carry out fisheries information and analysis activities under 
the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and 
any other law involving those activities, $51,800,000 for fiscal year 
1997, and $52,345,000 for each of the fiscal years 1998, 1999, 
and 2000. Such activities may include, but are not limited to, 
the collection, analysis, and dissemination of scientific information 
necessary for the management of living marine resources and associ-
ated marine habitat. 
(b) FISHERIES CONSERVATION AND MANAGEMENT OPERATIONS.— 
There are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric Administra-
tion to carry out activities relating to fisheries conservation and 
management operations imder the Fish and Wildlife Act of 1956 
(16 U.S.C. 742a et seq.) and any other law involving those activities, 
$29,028,000 for fiscal year 1997, and $29,899,000 for each of the 
fiscal years 1998, 1999, and 2000. Such activities may include, 
but are not limited to, development, implementation, and enforce-
ment of conservation and msuiagement measures to achieve contin-
ued optimum use of living marine resources, hatchery operations, 
habitat conservation, and protected species management. 
(c) FISHERIES STATE AND INDUSTRY COOPERATIVE PROGRAMS.— 
There are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric Administra-
tion to carry out State and industry cooperative programs under 
the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and 
any other law involving those activities, $27,932,000 for fiscal year 
1997, and $28,226,000 for each of the fiscal years 1998, 1999, 
and 2000. These activities include, but are not limited to, ensuring 
the quaUty and safety of seafood products and providing grants 
to States for improving the management of interstate 
fisheries. 
5, 
110 STAT. 3618 
PUBLIC LAW 104-297—OCT. 11, 1996 
(d) AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE BAY 
OFFICE.—Section 2(e) of the National Oceanic and Atmospheric 
Administration Marine Fisheries Program Authorization Act (PubHc 
Law 98-210; 97 Stat. 1409) is amended— 
(1) by striking "1992 and 1993" and inserting "1997 and 
1998"; 
(2) by striking "estabUsh" and inserting "operate"; 
(3) by striking "306" and inserting "307"; and 
(4) by striking "1991" and inserting "1992". 
(e) RELATION TO OTHER LAWS.—^Authorizations under this sec-
tion shall be in addition to monies authorized under the Magnuson 
Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1801 et seq.), the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 
3301 et seq.), the Anadromous Fish Conservation Act (16 U.S.C. 
757 et seq.), and the Interjurisdictiongd Fisheries Act (16 U.S.C. 
4107 et seq.). 
Caritas Christi. 
(f) NEW ENGLAND HEALTH PLAN.—The Secretary of Commerce 
is authorized to provide up to $2,000,000 from previously appro-
priated funds to Caritas Christi for the implementation of a healtiti 
care plan for fishermen in New England if Caritas Christi submits 
such plan to the Secretary no later than January 1, 1997, and 
the Secretary, in consultation with the Secretary of Health and 
Human Services, approves such plan. 
SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS. 
(a) REAUTHORIZATION.—Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) GENERAL APPROPRIATIONS.—There are authorized to be 
appropriated to the Department of Commerce for apportionment 
to carry out the purposes of this title— 
"(1) $3,400,000 for fiscal year 1996; 
"(2) $3,900,000 for fiscal year 1997; 
"(3) $4,400,000 for each of the fiscal years 1998, 1999, 
and 2000."; 
(2) by striking "$350,000 for each of the fiscal years 1989, 
1990, 1991, 1992, and 1993, and $600,000 for each of the 
fiscal years 1994 and 1995," in subsection (c) and inserting 
"$700,000 for fiscal year 1997, and $750,000 for each of the 
fiscal years 1998,1999, and 2000,". 
Ob) NEW ENGLAND REPORT.—Section 308(d) of the Interjurisdic-
tional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended by 
adding at the end the following new paragraph: 
"(7) With respect to funds available for the New England 
region, the Secretary shall submit to the Congress by January 
1, 1997, with annual updates thereafter as appropriate, a report 
on the New England fishing capacity reduction initiative which 
provides— 
"(A) the total number of Northeast multispecies per-
mits in each permit category and calculates the meiximum 
Potential fishing capacity of vessels holding such permits 
ased on the principal gear, gross registered tonnage, 
engine horsepower, 
length, age, and other 
relevant 
characteristics; 
"(B) the total number of days at sea available to the 
permitted Northeast multispecies fishing fleet and the total 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3619 
days at sea weighted by the maximum potential fishing 
capacity of the fleet; 
"(C) an analysis of the extent to which the weighted 
days at sea are used by the active participants in the 
fishery and of the reduction in such days as a result of 
the fishing capacity reduction program; and 
"(D) an estimate of conservation benefits (such as 
reduction in fishing mortality) directly attributable to the 
fishing capacity reduction program.". 
SEC. 403. ANADROMOUS FISHERIES AMENDMENTS. 
Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 
757d) is amended to read as follows: 
"SEC. 4. (a)(1) There are authorized to be appropriated to carry 
out the purposes of this Act not to exceed the following sums: 
"(A) $4,000,000 for fiscal year 1997; and 
"(B) $4,250,000 for each of fiscal years 1998, 1999, and 
2000. 
"(2) Sums appropriated under this subsection are authorized 
to remain available until expended. 
"(b) Not more than $625,000 of the funds appropriated under 
this section in any one fiscal year shall be obligated in any one 
State.". 
SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS. 
(a) DEFINITION.—Paragraph (1) of section 803 of the Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102) 
is eimended— 
(1) by inserting "and" after the semicolon in subparagraph 
(A); 
(2) by striking "States; and" in subparagraph (B) and insert-
ing "States."; and 
(3) by striking subparagraph (C). 
(b) IMPLEMENTATION STANDARD FOR FEDERAL REGULATION.— 
Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C. 
5103(b)(1)) is amended by striking "necessary to support" and insert-
ing "compatible with". 
(c) AMERICAN LOBSTER MANAGEMENT.—Section 809 (16 U.S.C. 
5108) £ind section 810 of such Act are redesignated as sections 
811 and 812, respectively, and the following new sections are 
inserted at the end of section 808: 
"SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS. 
"(a) PERMITS.—Notwithstanding any provision of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), the Atlantic Coastal Fisheries Cooperative Management Act 
(16 U.S.C. 5101 et seq.), or any requirement of a fishery manage-
ment plan or coastal fishery management plan to the contrary, 
a person holding a valid license issued by the State of Maine 
which lawfully permits that person to engage in commercial fishing 
for American lobster may, with the approval of the State of Maine, 
engage in commercial fishing for American lobster in the following 
areas designated as Federal waters, if such fishing is conducted 
in such waters in accordance with all other applicable Federal 
and State regulations: 
"(1) west of Monhegan Island in the area located north 
of the line 43° 42' 08" N, 69° 34' 18" W and 43° 42' 15" N, 
69° 19' 18" W; 
Approjjriation 
authorization. 
16 use 1851 
note. 
16 use 5107a. 
2&-194 O - 96 - 18: QL 3 Part 5 
110 STAT. 3620 
PUBLIC LAW 104-297—OCT. 11, 1996 
16 use 5107b. 
Regulations. 
16 use 5108. 
Effective date. 
16 use 1802 
note. 
"(2) east of Monhegan Island in the area located west 
of the line 43° 44' 00" N, 69° 15' 05" W and 43° 48' 10" N, 
69° 08' 01" W; 
"(3) south of Vinalhaven in the area located west of the 
line 43° 52' 21" N, 68° 39' 54" W and 43° 48' 10" N, 
69° 08' 01" W; and 
"(4) south of Bois Bubert Island in the area located north 
of the line 44° 19' 15" N, 67° 49' 30" W and 44° 23' 45" N, 
67° 40' 33" W. 
"(b) ENFORCEMENT.—The exemption from 
Federal 
fishery 
permitting requirements granted by subsection (a) may be revoked 
or suspended by the Secretary in accordance with section 308(g) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1858(g)) for violations of such Act or this Act. 
"SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER 
FISHERY BY COMMISSION. 
"(a) TEMPORARY LIMITS.—Notwithstanding any other provision 
of this Act or of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), if no regulations have been 
issued under section 804(b) of this Act by December 31, 1997, 
to implement a coastal fishery management plan for American 
lobster, then the Secretary shall issue interim regulations before 
March 1, 1998, that will prohibit any vessel that takes lobsters 
in the exclusive economic zone by a method other than pots or 
traps from landing lobsters (or any parts thereof) at any location 
witnin the United States in excess of— 
"(1) 100 lobsters (or parts thereof) for each fishing trip 
of 24 hours or less duration (up to a maximum of 500 lobsters, 
or parts thereof, during any 5-day period); or 
"(2) 500 lobsters (or parts thereof) for a fishing trip of 
5 days or longer. 
"(b) SECRETARY TO MONITOR LANDINGS.—Before January 1, 
1998, the Secretary shall monitor, on a timely basis, landings of 
American lobster, and, if the Secretary determines that catches 
from vessels that take lobsters in the exclusive economic zone 
by a method other than pots or traps have increased significantly, 
then the Secretary may, consistent with the national standards 
in section 301 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801), and after opportunity for public comment 
and consultation with the Atlantic States Marine Fisheries Commis-
sion, implement regulations under section 804(b) of this Act that 
are necessary for the conservation of AmericEin lobster. 
"(c) REGULATIONS TO REMAIN IN EFFECT UNTIL PLAN IMPLE-
MENTED.—Regulations issued under subsection (a) or (b) shall 
remain in effect until the Secretary implements regulations under 
section 804(b) of this Act to implement a coastal fishery manage-
ment plan for American lobster.". 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 810 of such 
Act, as amended by this Act, is amended further by striking "1996." 
and inserting "1996, and $7,000,000 for each of the fiscal years 
1997,1998, 1999, and 2000.". 
SEC. 405. TECHNICAL AMENDMENTS TO MARITIME BOUNDARY AGREE-
MENT. 
(a) EXECUTION OF PRIOR AMENDMENTS TO DEFINITIONS.—Not-
withstanding section 308 of the Act entitled "An Act to provide 
for the designation of the Flower Garden Banks National Marine 
PUBLIC LAW 104-297—OCT. 11, 1996 
110 STAT. 3621 
Sanctuary", approved March 9, 1992 (Public Law 102-251; 106 
Stat. 66) hereinafter referred to as the "FGB Act", section 301(b) 
of that Act (adding a definition of the term "special areas") shall 
take effect on the date of enactment of this Act. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 301(h)(2)(A) of the FGB Act is repealed. 
16 USC 1857. 
(2) Section 304 of the FGB Act is repealed. 
16 USC 1362. 
(3) Section 3(15) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1362(15)) is amended to read as follows: 
"(15) The term 'waters under the jurisdiction of the United 
States' means— 
"(A) the territorial sea of the United States; 
"(B) the waters included within a zone, contiguous 
to the territorial sea of the United States, of which the 
inner boundary is a line coterminous with the seaward 
boundary of each coastal State, and the other boundary 
is a line drawn in such a manner that each point on 
it is 200 nautical miles from the baseline from which the 
territorial sea is measured; and 
"(C) the areas referred to as eastern special areas 
in Article 3(1) of the Agreement between the United States 
of America and the Union of Soviet Socialist Republics 
on the Maritime Boundary, signed June 1, 1990; in particu-
lar, those areas east of the maritime boundary, as defined 
in that Agreement, that lie within 200 nautical miles of 
the baselines from which the breadth of the territorial 
sea of Russia is measured but beyond 200 nautical miles 
of the baselines from which the breadth of the territorial 
sea of the United States is measured, except that this 
subparagraph shall not apply before the date on which 
the Agreement between the United States £ind the Union 
of Soviet Socialist Republics on the Maritime Boundary, 
signed June 1, 1990, enters into force for the United 
States.". 
SEC. 406. AMENDMENTS TO THE FISHERIES ACT. 
Section 309(b) of the Fisheries Act of 1995 (PubHc Law 104-
43) is amended by striking "July 1, 1996" and inserting "July 16 USC 971c 
1, 1997". 
note. 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—S. 39 (H.R. 39): 
HOUSE REPORTS: No. 104-171 accompanying H.R. 39 (Comm. on Resources). 
SENATE REPORTS: No. 104-276 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 18, 19, considered and passed Senate. 
Sept. 27, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 11, Presidential statement.