Fishery Conservation Amendments of 1990
PL 101-627 (H.R.2061), enacted 11/28/1990

104 STAT. 4436 
PUBLIC LAW 101-627—NOV. 28, 1990 
Public Law 101-627 
101st Congress 
An Act 
Nov. 28, 1990 
[H.R. 2061] 
Fishery 
Conservation 
Amendments of 
1990. 
16 u s e 1801 
note. 
To authorize appropriations to carry out the Msignuson Fishery Conservation and 
Management Act through fiscal year 1993, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE; TABLE OF CONTENTS 
SECTION 1. (a) SHORT TITLE.—The Act may be cited as the "Fishery 
Conservation Amendments of 1990". 
03) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I- - 
AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND 
MANAGEMENT ACT 
Sec. 101. Findings, purposes, and policy. 
Sec. 102. Definitions. 
Sec. 103. Authority with respect to highly migratory species. 
Sec. 104. Foreign fishing. 
Sec. 105. Existing international fishery agreements. 
Sec. 106. Permits for foreign fishing. 
Sec. 107. Driftnet fishing. 
Sec. 108. Regional Councils. 
Sec. 109. Contents of fishery management plans. 
Sec. 110. Action by Secretary of fishery management plans. 
Sec. 111. Implementation of fishery management plans. 
Sec. 112. State jurisdiction. 
Sec. 113. Prohibition of certain acts. 
Sec. 114. Civil penalties and permit sanctions. 
Sec. 115. Criminal offenses and penalties. 
Sec. 116. Civil forfeitures. 
Sec. 117. Enforcement. 
Sec. 118. North Pacific fisheries research plan. 
Sec. 119. Authorization of appropriations. 
Sec. 120. Miscellaneous technical amendments. 
TITLE II—ATLANTIC TUNAS CONVENTION ACT OF 1975 
Sec. 201. Limitations on appointments of Commissioners. 
Sec. 202. Termination of current terms and completion of pending appointments. 
Sec. 203. Travel expenses of Commissioners. 
Sec. 204. Travel expenses of advisory committee. 
Sec. 205. Species working groups. 
Sec. 206. Regulations to carry out Commission recommendations. 
Sec. 207. Recommended Commission actions regarding large-scale driftnet fishing 
and conservation of Atlantic swordfish. 
Sec. 208. Authorization of appropriations. 
TITLE III—FISHERMEN'S PROTECTIVE ACT OF 1967 
Sec. 301. Vessel seizure reimbursement authority. 
TITLE IV—ANADROMOUS FISH CONSERVATION ACT 
Sec. 401. Authorization of appropriations. 
TITLE V—INTERJURISDICTIONAL FISHERIES ACT OF 1986 
Sec. 501. Clarification of appointment limitation. 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4437 
Sec. 502. Federal share of activities carried out with additional appropriations. 
Sec. 503. Authorization of appropriations. 
TITLE VI—CENTRAL, WESTERN, AND SOUTH PACIFIC FISHERIES 
DEVELOPMENT ACT 
Sec. 601. Authorization of appropriations. 
TITLE VII—NATIONAL FISH AND SEAFOOD PROMOTIONAL COUNCIL 
Sec. 701. Extension of termination date. 
Sec. 702. Authorization of appropriations. 
Sec. 703. Transfer of Saltonstall-Kennedy funds. 
Sec. 704. Continuity of National Council membership. 
Sec. 705. Continuity of Council functions, contracts, and personnel. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Certificate of legal origin for anadromous fish products. 
TITLE IX—DOLPHIN PROTECTION CONSUMER INFORMATION 
Sec. 901. Dolphin protection. 
TITLE X—FISHERIES COMMISSION 
Sec. 1001. Redesignation of Fisheries Commission. 
TITLE XI—REPORT ON MARINE MAMMALS 
Sec. 1101. Report on certain marine mammal populations. 
TITLE I—AMENDMENTS TO MAGNUSON FISHERY 
CONSERVATION AND MANAGEMENT ACT 
FINDINGS, PURPOSES, AND POLICY 
SEC. 101. (a) FINDINGS.—Section 2(a) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801(a)) is amended 
by adding at the end the following new paragraph: 
"(8) The collection of reliable data is essential to the effective 
conservation, management, and scientific understanding of the 
fishery resources of the United States.". 
(b) PURPOSES.—(1) Section 2(b)(1) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801(b)(1)) is amended by 
striking "except highly migratory species". 
(2) Section 2(b)(5) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 18010t))(5)) is amended by striking "pre-
pare, monitor, and revise" and inserting in lieu thereof "exercise 
sound judgment in the stewardship of fishery resources through the 
preparation, monitoring, and revision of ". 
(c) POLICY.—Section 2(c) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1801(c)) is amended— 
(1) in paragraph (3) by inserting "considers the effects of 
fishing on immature fish and encourages development of prac-
tical measures that avoid unnecessary waste of fish;" imme-
diately after "and enforcement;" 
(2) by striking "and" at the end of paragraph (4); and 
(3) by striking the period at the end of paragraph (5) and 
inserting in lieu thereof ", and to secure agreements to regulate 
fishing by vessels or persons beyond the exclusive economic 
zones of any nation; and"; and 
(4) by adding at the end the following new paragraph: 
"(6) to foster and maintain the diversity of fisheries in the 
United States.". 
104 STAT. 4438 
PUBLIC LAW 101-627—NOV. 28, 1990 
DEFINITIONS 
SEC. 102. (a) GENERAL.—Section 3 of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1802) is amended— 
(1) by redesignating paragraph (16) as paragraph (17), by 
redesignating paragraph (17) as paragraph (19), by redesignat-
ing paragraphs (18) through (23) as paragraphs (21) through (26), 
respectively, and by redesignating paragraphs (24) through (27) 
as paragraphs (28) through (31), respectively; 
(2) in paragraph (7), by striking ", birds, and highly migratory 
species' and inserting in lieu thereof "and birds"; 
(3) by amending paragraph (14) to read as follows: 
"(14) The term 'highly migratory species' means tuna species, 
marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, 
sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius)."; 
(4) by inserting immediately after paragraph (15) the follow-
ing new paragraph: 
"(16) The term 'large-scale driftnet fishing' means a method of 
fishing in which a gillnet composed of a panel or panels of 
webbing, or a series of such gillnets, with a total length of one 
and one-half miles or more is placed in the water and allowed to 
drift with the currents and winds for the purpose of entangling 
fish in the webbing."; 
(5) by inserting immediately after paragraph (17), as so re-
designated, the following new paragraph: 
"(18) The term 'migratory range' means the maximum area at 
a given time of the year within which fish of an anadromous 
species or stock thereof can be expected to be found, as deter-
mined on the basis of scale pattern analysis, tagging studies, or 
other reliable scientific information, except that the term does 
not include any part of such area which is in the waters of a 
foreign nation."; 
(6) by inserting immediately after paragraph (19), as so re-
designated, the following new paragraph: 
"(20) The term 'observer' means any person required or au-
thorized to be carried on a vessel for conservation and manage-
ment purposes by regulations or permits under this Act."; 
(7) by inserting immediately after paragraph (26), as so re-
designated, the following new paragraph: 
"(27) The term 'tuna species' means the following: 
"Albacore Tuna—Thunnus alalunga; 
"Bigeye Tuna—Thunnus obesus; 
"Bluefin Tuna—Thunnus thynnus; 
"Skipjack Tuna—Katsuwonus pelamis; and 
"Yellowfin Tuna—Thunnus albacares."; and 
(8) by adding at the end the following new paragraph: 
"(32) The term 'waters of a foreign nation' means any part of 
the territorial sea or exclusive economic zone (or the equivalent) 
of a foreign nation, to the extent such territorial sea or exclu-
sive economic zone is recognized by the United States.", 
(b) CONFORMING AMENDMENT.—Section 101(bXl) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1811(b)(1)) is 
amended by striking "any foreign nation's" and all that follows and 
inserting in lieu thereof "any waters of a foreign nation.". 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4439 
AUTHORITY WITH RESPECT TO HIGHLY MIGRATORY SPECIES 
SEC. 103. (a) GENERAL.—Section 102 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1812) is amended to 
read as follows: 
"SEC. 102. HIGHLY MIGRATORY SPECIES. 
"The United States shall cooperate directly or through appro-
priate international organizations with those nations involved in 
fisheries for highly migratory species with a view to ensuring 
conservation and promoting the objective of optimum utilization of 
such species throughout their range, both within and beyond the 
exclusive economic zone.". 
0?) CONFORMING AMENDMENT.—The entry for section 102 in the 
table of contents in the first section of the Magnuson Fishery 
Conservation and Management Act is amended to read as follows: 
"Sec. 102. Highly migratory species.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 16 USC 1812 
take effect on January 1, 1992. 
"ote. 
FOREIGN FISHING 
SEC. 104. Subsection (d) of section 201 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1821) is amended to 
read as follows: 
"(d) TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.—The total 
allowable level of foreign fishing, if any, with respect to any fishery 
subject to the exclusive fishery management authority of the United 
States, shall be that portion of the optimum yield of such fishery 
which will not be harvested by vessels of the United States, as 
determined in accordance with this Act.". 
INTERNATIONAL FISHERY AGREEMENTS 
SEC. 105. (a) HIGHLY MIGRATORY SPECIES AGREEMENTS.—Section 
202 of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1822) is amended by redesignating subsection (e) as subsection 
(f) and by inserting immediately after subsection (d) the following 
new subsection: 
"(e) HIGHLY MIGRATORY SPECIES AGREEMENTS.— 
"(1) EVALUATION.—The Secretary of State, in cooperation 
with the Secretary, shall evaluate the effectiveness of each 
existing international fishery agreement which pertains to fish-
ing for highly migratory species. Such evaluation shall consider 
whether the agreement provides for— 
"(A) the collection and analysis of necessary information 
for effectively managing the fishery, including but not lim-
ited to information about the number of vessels involved, 
the type and quantity of fishing gear used, the species of 
fish involved and their location, the catch and bycatch 
levels in the fishery, and the present and probable future 
condition of any stock of fish involved; 
"(B) the establishment of measures applicable to the 
fishery which are necessary and appropriate for the con-
servation and management of the fishery resource involved; 
"(C) equitable arrangements which provide fishing ves-
sels of the United States with (i) access to the highly 
104 STAT. 4440 
PUBLIC LAW 101-627—NOV. 28, 1990 
migratory species that are the subject of the agreement and 
(ii) a portion of the allowable catch that reflects the tradi-
tional participation by such vessels in the fishery; 
"(D) effective enforcement of conservation and manage-
ment measures and access arrangements throughout the 
area of jurisdiction; and 
"(E) sufficient and dependable funding to implement the 
provisions of the agreement, based on reasonable assess-
ments of the benefits derived by participating nations. 
"(2) ACCESS NEGOTIATIONS.—The Secretary of State, in co-
operation with the Secretary, shall initiate negotiations with 
respect to obtaining access for vessels of the United States 
fishing for tuna species within the exclusive economic zones of 
other nations on reasonable terms and conditions. 
"(3) REPORTS.—The Secretary of State shall report to the 
Congress— 
"(A) within 12 months after the date of enactment of this 
subsection, on the results of the evaluation required under 
paragraph (1), together with recommendations for address-
ing any inadequacies identified; and 
"(B) within six months after such date of enactment, on 
the results of the access negotiations required under para-
graph (2). 
"(4) NEGOTIATION.—The Secretary of State, in consultation 
with the Secretary, shall undertake such negotiations with 
respect to international fishery agreements on highly migratory 
species as are necessary to correct-inadequacies identified as a 
result of the evaluation conducted under paragraph (1). 
"(5) SOUTH PACIFIC TUNA TREATY.—It is the sense of the Con-
gress that the United States Government shall, at the earliest 
opportunity, begin negotiations for the purpose of extending the 
Treaty on Fisheries Between the Governments of Certain Pa-
cific Island States and the Government of the United States of 
America, signed at Port Moresby, Papua New Guinea, April 2, 
1987, and it Annexes, Schedules, and implementing agreements 
for an additional term of 10 years on terms and conditions at 
least as favorable to vessels of the United States and the United 
States Government.". 
(b) DETERMINATIONS OF SECRETARY OF STATE.—(1) Section 205(a) of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1825(a)) is amended— 
(A) in paragraph (1) by striking "traditional" and by inserting 
"including 
fisheries for tuna species," immediately 
after 
"authority,"; and 
(B) in paragraph (2) by striking "highly migratory" and 
inserting in lieu thereof "tuna". 
Effective date. 
(2) The amendments made by this subsection shall take effect on 
16 use 1825 
January 1,1992. 
PERMITS FOR FOREIGN FISHING 
SEC. 106. (a) FEES.—Section 20403)(10) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1824(b)(10)) is 
amended to read as follows: 
"(10) FEES.— 
"(A) Fees shall be paid to the Secretary by the owner or 
operator of any foreign fishing vessel for which a permit 
has been issued pursuant to this section. The Secretary, in 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4441 
consultation with the Secretary of State, shall establish a 
schedule 
of reasonable 
fees 
that 
shall 
apply 
non-
discriminatorily to each foreign nation. 
"(B) Amounts collected by the Secretary under this para-
graph shall be deposited in the general fund of the 
Treasury.", 
(b) SANCTIONS.—Section 20403)(12) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1824(b)(12)) is repealed. 
DRIFTNET FISHING 
SEC. 107. (a) GENERAL.—Section 206 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1826) is amended to 
read as follows: 
"SEC. 206. LARGE-SCALE DRIFTNET FISHING. 
Driftnet Act 
"(a) SHORT TITLE.—This section incorporates and expands upon 
^^Q"^ mentso 
provisions of the Driftnet Impact Monitoring, Assessment, and Con-
trol Act of 1987 and may be cited as the 'Driftnet Act Amendments 
of 1990'. 
"(b) FINDINGS.—The Congress finds that— 
"(1) the continued widespread use of large-scale driftnets 
beyond the exclusive economic zone of any nation is a destruc-
tive fishing practice that poses a threat to living marine re-
sources of the world's oceans, including but not limited to the 
North and South Pacific Ocean and the Bering Sea; 
"(2) the use of large-scale driftnets is expanding into new 
regions of the world's oceans, including the Atlantic Ocean and 
Caribbean Sea; 
"(3) there is a pressing need for detailed and reliable informa-
tion on the number of seabirds, sea turtles, nontarget fish, and 
marine mammals that become entangled and die in actively 
fished large-scale driftnets and in large-scale driftnets that are 
lost, abandoned, or discarded; 
"(4) increased efforts, including reliable observer data and 
enforcement mechanisms, are needed to monitor, assess, con-
trol, and reduce the adverse impact of large-scale driftnet fish-
ing on living marine resources; 
"(5) the nations of the world have agreed in the United 
Nations, through General Assembly Resolution Numbered 44-
225, approved December 22, 1989, by the General Assembly, 
that a moratorium should be imposed by June 30, 1992, on the 
use of large-scale driftnets beyond the exclusive economic zone 
of any nation; 
"(6) the nations of the South Pacific have agreed to a morato-
rium on the use of large-scale driftnets in the South Pacific 
through the Convention for the Prohibition of Fishing with 
Long Driftnets in the South Pacific, which was agreed to in 
Wellington, New Zealand, on November 29,1989; and 
"(7) increasing population pressures and new knowledge of 
the importance of living marine resources to the health of the 
global ecosystem demand that greater responsibility be exer-
cised by persons fishing or developing new fisheries beyond the 
exclusive economic zone of any nation. 
"(c) PoucY.—It is declared to be the policy of the Congress in this 
section that the United States should— 
104 STAT. 4442 
PUBLIC LAW 101-627—NOV. 28, 1990 
"(1) implement the moratorium called for by the United 
Nations General Assembly in Resolution Numbered 44-225; 
"(2) support the Tarawa Declaration and the Wellington 
Convention for the Prohibition of Fishing with Long Driftnets 
in the South Pacific; and 
"(3) secure a permanent ban on the use of destructive fishing 
practices, and in particular large-scale driftnets, by persons or 
vessels fishing beyond the exclusive economic zone of any 
nation. 
"(d) INTERNATIONAL AGREEMENTS.—The Secretary, through the 
Secretary of State and the Secretary of the department in which the 
Coast Guard is operating, shall seek to secure international agree-
ments to implement immediately the findings, policy, and provisions 
of this section, and in particular an international ban on large-scale 
driftnet fishing. The Secretary, through the Secretary of State, shall 
include, in any agreement which addresses the taking of living 
marine resources of the United States, provisions to ensure that— 
"(1) each large-scale driftnet fishing vessel of a foreign nation 
that is party to the agreement, including vessels that may 
operate independently to develop new fishing areas, which oper-
ate beyond the exclusive economic zone of any nation, is in-
cluded in such agreement; 
"(2) each large-scale driftnet fishing vessel of a foreign nation 
that is party to the agreement, which operates beyond the 
exclusive economic zone of any nation, is equipped with satellite 
transmitters which provide real-time position 
information 
accessible to the United States; 
"(3) statistically reliable monitoring by the United States is 
carried out, through the use of on-board observers or through 
dedicated platforms provided by foreign nations that are parties 
to the agreement, of all target and nontarget fish species, 
marine mammals, sea turtles, and sea birds entangled or killed 
by large-scale driftnets used by fishing vessels of foreign nations 
that are parties to the agreement; 
"(4) officials of the United States have the right to board and 
inspect for violations of the agreement any large-scale driftnet 
fishing vessels operating under the flag of a foreign nation that 
is party to the agreement at any time while such vessel is 
operating in designated areas beyond the exclusive economic 
zone of any nation; 
"(5) all catch landed or transshipped at sea by large-scale 
driftnet fishing vessels of a foreign nation that is a party to the 
agreement, and which are operated beyond the exclusive 
economic zone of any nation, is reliably monitored and 
documented; 
"(6) time and area restrictions are imposed on the use of 
large-scale driftnets in order to prevent interception of anad-
romous species; 
"(7) all large-scale driftnets used are constructed, insofar as 
feasible, with biodegradable materials which break into seg-
ments that do not represent a threat to living marine resources; 
"(8) all large-scale driftnets are marked at appropriate inter-
vals in a manner that conclusively identifies the vessel and flag 
nation responsible for each such driftnet; 
"(9) the taking *of nontarget fish species, marine mammals, 
sea turtles, seabirds, and endangered species or other species 
protected by international agreements to which the United 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4443 
States is a party is minimized and does not pose a threat to 
existing fisheries or the long-term health of living marine re-
sources; and 
"(10) definitive steps are agreed upon to ensure that parties to 
the agreement comply with the spirit of other international 
agreements and resolutions concerning the use of large-scale 
driftnets beyond the exclusive economic zone of any nation. 
"(e) REPORT.—Not later than January 1, 1991, and every year 
thereafter until the purposes of this section are met, the Secretary, 
after consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, shall submit 
to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Merchant Marine and Fisheries of the 
House of Representatives a report— 
"(1) describing the steps taken to carry out the provisions of 
this section, particularly subsection (c); 
"(2) evaluating the progress of those efforts, the impacts on 
living marine resources, including available observer data, and 
specifying plans for further action; 
"(3) identifying and evaluating the effectiveness of unilateral 
measures and multilateral measures, including sanctions, that 
are available to encourage nations to agree to and comply with 
this section, and recommendations for legislation to authorize 
any additional measures that are needed if those are considered 
ineffective; 
"(4) 
identifying, 
evaluating, 
and 
making 
any 
rec-
ommendations considered necessary to improve the effective-
ness of the law, policy, and procedures governing enforcement 
of the exclusive management authority of the United States 
over anadromous species against fishing vessels engaged in 
fishing beyond the exclusive economic zone of any nation; 
"(5) containing a list and description of any new fisheries 
developed by nations that conduct, or authorize their nationals 
to conduct, large-scale driftnet fishing beyond the exclusive 
economic zone of any nation; and 
"(6) containing a list of the nations that conduct, or authorize 
their nationals to conduct, large-scale driftnet fishing beyond 
the exclusive economic zone of any nation in a manner that 
diminishes the effectiveness of or is inconsistent with any inter-
national agreement governing large-scale driftnet fishing to 
which the United States is a party or otherwise subscribes. 
"(f) CERTIFICATION.—If at any time the Secretary, in consultation 
with the Secretary of State and the Secretary of the department in 
which the Coast Guard is operating, identifies any nation that 
warrants inclusion in the list described under subsection (eX6), the 
Secretary shall certify that fact to the President. Such certification 
shall be deemed to be a certification for the purposes of section 8(a) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). 
"(g) EFFECT ON SOVEREIGN RIGHTS.—This section shall not serve or 
be construed to expand or diminish the sovereign rights of the 
United States, as stated by Presidential Proclamation Numbered 
5030, dated March 10, 1983, and reflected in this Act or other 
existing law. 
"(h) DEFINITION.—As used in this section, the term 'living marine 
resources' includes fish, marine mammals, sea turtles, and seabirds 
and other waterfowl.". 
104 STAT. 4444 
PUBLIC LAW 101-627—NOV. 28, 1990 
(b) CONFORMING AMENDMENT.—The entry for section 206 in the 
table of contents in the first section of the Magnuson Fishery 
Conservation and Management Act is amended to read as follows: 
"Sec. 206. Large-scale driftnet fishing.". 
REGIONAL COUNCILS 
SEC. 108. (a) AUTHORITY OVER CERTAIN FISHERIES.—Section 302(a) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1852(a)) is amended by inserting "(except as provided in 
section 304(f)(3))" immediately before the period at the end of the 
first sentence in each of paragraphs (1) through (5). 
(b) MEMBERS' QUALIFICATIONS.—Paragraph (2) of section 3020?) of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1852(b)) is amended to read as follows: 
"(2)(A) The members of each Council required to be appointed by 
the Secretary must be individuals who, by reason of their occupa-
tional or other experience, scientific expertise, or training, are 
knowledgeable regarding the conservation and management, or the 
commercial or recreational harvest, of the fishery resources of the 
Regulations. 
geographical area concerned. Within nine months after the date of 
enactment of the Fishery Conservation Amendments of 1990, the 
Secretary shall, by regulation, prescribe criteria for determining 
whether 
an 
individual 
satisfies 
the 
requirements 
of 
this 
subparagraph. 
"(B) The Secretary, in making appointments under this section, 
shall, to the extent practicable, ensure a fair and balanced appor-
tionment, on a rotating or other basis, of the active participants (or 
their representatives) in the commercial and recreational fisheries 
Reports. 
under the jurisdiction of the Council. On January 31, 1991, and each 
year thereafter, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives a report on the actions taken by the Secretary to 
ensure that such fair and balanced apportionment is achieved. The 
report shall— 
"(i) list the fisheries under the jurisdiction of each Council, 
outlining for each fishery the type and quantity of fish har-
vested, fishing and processing methods employed, the number of 
participants, the duration and range of the fishery, and other 
distinguishing characteristics; 
"(ii) assess the membership of each Council in terms of the 
apportionment of the active participants in each such fishery; 
, 
and 
"(iii) state the Secretary's plans and schedule for actions to 
achieve a fair and balanced apportionment on the Council for 
the active participants in any such fishery. 
"(C) The Secretary shall appoint the members of each Council 
from a list of individuals submitted by the Governor of each ap-
plicable constituent State. A Governor may not submit the names of 
individuals to the Secretary for appointment unless the Governor 
has determined that each such individual is qualified under the 
requirements of subparagraph (A) and unless the Governor has, to 
the extent practicable, first consulted with representatives of the 
commercial and recreational fishing interests of the State regarding 
those individuals. Each such list shall include the names and perti-
nent biographical data of not less than three individuals for each 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4445 
applicable vacancy and shall be accompanied by a statement by the 
Governor explaining how each such individual meets the require-
ments of subparagraph (A). The Secretary shall review each list 
submitted by a Governor to ascertain if the individuals on the list 
are qualified for the vacancy on the basis of such requirements. If 
the Secretary determines that any individual is not qualified, the 
Secretary shall notify the appropriate Governor of that determina-
tion. The Governor shall then submit a revised list or resubmit the 
original list with an additional explanation of the qualifications of 
the individual in question. An individual is not eligible for appoint-
ment by the Secretary until that individual complies with the 
applicable financial disclosure requirements under subsection (k). 
"(D) Whenever the Secretary makes an appointment to a Council, 
the Secretary shall make a public announcement of such appoint-
ment not less than 45 days before the first day on which the 
individual is to take office as a member of the Council.". 
(c) LIMITATION ON TERMS OF VOTING MEMBERS.—Section 302(bX3) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1852(bX3)) is amended by adding at the end the following new 
sentence: "No member appointed after January 1, 1986, may serve 
more than three consecutive terms. Any term completed prior to 
January 1, 1986, shall not be counted in determining the number of 
consecutive terms served by any C!ouncil member.". 
(d) COMPENSATION AND EXPENSES.—Section 302(d) of the Magnu-
son Fishery Conservation and Management Act (16 U.S.C. 1852(d)) is 
amended to read as follows: 
"(d) COMPENSATION AND EXPENSES.—The voting members of each 
Council, who are not employed by the Federal Government or any 
State or local government, shall, until January 1, 1992, receive 
compensation at the daily rate for GS-18 of the General Schedule, 
and after December 31, 1991, at the daily rate for GS-16 of the 
General Schedule, when engaged in the actual performance of 
duties for such Council. The voting members of each Council, any 
nonvoting member described in subsection (cXlXC), and the 
nonvoting member appointed pursuant to subsection (c)(2) shall be 
reimbursed for actual expenses incurred in the performance of such 
duties, and other nonvoting members and Council staff members 
may be reimbursed for actual expenses.". 
(e) TRANSACTION OF BUSINESS.—(1) Section 302(eX3) of the Magnu-
son Fishery Conservation and Management Act (16 U.S.C. 1852(eX3)) 
is amended by striking "in the geographical area concerned" and 
inserting in lieu thereof "at appropriate times and places in any of 
the constituent States of the Council". 
(2) Section 302(eX4) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1852(eX4)) is amended by adding at the 
end the following new sentence: "The regional director of the Na-
tional Marine Fisheries Service serving on the Council, or the 
regional director's designee, shall submit such a statement, which 
shall be made available to the public upon request, if the regional 
director disagrees with any such matter.'. 
(f) COMMITTEES AND PANELS.—Section 302(g) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1852(g)) is 
amended by adding at the end the following new paragraph: 
"(3XA) Each Council shall establish and maintain a fishing 
industry advisory committee which shall provide information 
£ind recommendations on, and assist in the development of, 
fishery management plans and amendments to such plans. 
104 STAT. 4446 
PUBLIC LAW 101-627—NOV. 28,1990 
"(B) Appointments to a committee established under subpara-
graph (A) shall be made by each Council in such a manner as to 
provide fair representation to commercial fishing interests in 
the geographical area of authority of the Council. 
"(4) Decisions and recommendations made by committees and 
panels established under this subsection shall be considered to 
be advisory in nature.", 
(g) COUNCIL FUNCTIONS.—Paragraphs (1) and (5) of section 302(h) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1852(h)) are each amended by inserting "(except as provided 
in section 304(f)(3))" immediately before "within its geographical", 
(h) FISHERY HABITAT CONCERNS.—Section 302(i) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1852(i)) is 
amended to read as follows: 
"(i) FISHERY HABITAT CONCERNS.—(1) Each Council— 
"(A) may comment on and make recommendations concern-
ing any activity undertaken, or proposed to be undertaken, by 
any State or Federal agency that, in the view of the Council, 
may affect the habitat of a fishery resource under its jurisdic-
tion; and 
"(B) shall comment on and make recommendations concern-
ing any such activity that, in the view of the Council, is likely to 
substantially affect the habitat of an anadromous fishery re-
source under its jurisdiction. 
"(2) Within 45 days after receiving a comment or recommendation 
under paragraph (1) from a Council, a Federal agency shall provide 
a detailed response, in writing, to the Council regarding the matter. 
In the case of a comment or recommendation under paragraph 
(1)(B), the response shall include a description of measures being 
considered by the agency for mitigating or offsetting the impact of 
the activity on such habitat.". 
(i) CLOSED MEETINGS.—Section 302(j)(3) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 18520')(3)) is 
amended— 
(1) in subparagraph (A)— 
(A) by striking the semicolon at the end of clause (ii) and 
all that follows through "time and place of the meeting." 
and inserting in lieu thereof a period; and 
(B) by inserting "of paragraph (2)" immediately after "(D) 
and (F)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) If any meeting or portion is closed, the Council concerned 
shall notify local newspapers in the major fishing ports within its 
region (and in other major, affected fishing ports), including in that 
notification the time and place of the meeting. This subpararaph 
does not require notification regarding any brief closure of a portion 
of a meeting in order to discuss employment or other internal 
administrative matters.". 
(j) CONSIDERATION OF NEW INFORMATION.—Section 302(j) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1852(j)) is amended by adding at the end the following new 
paragraph: 
"(6) At any time when a Council determines it appropriate to 
consider new information from a State or Federal agency or from a 
Council advisory body, the Council shall give comparable consider-
note. 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4447 
ation to new information offered at that time by interested members 
of the pubUc. Interested parties shall have a reasonable opportunity 
to respond to new data or information before the Council takes final 
action on conservation and management measures.". 
(k) INTERIM MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISH- 
16 use 1854 
ERiES.—Notwithstanding the amendments made by subsections (a) 
and (g), any fishery management plan or amendment which— 
(1) addresses a highly migratory species fishery to which 
section 304(f)(3) of the Magnuson Fishery Conservation and 
Management Act (as amended by this Act) applies, 
(2) was prepared by one or more Regional Fishery Manage-
ment Councils, and 
(3) was in force and effect on January 1,1990, 
shall remain in force and effect until superseded by a fishery 
management plan prepared by the Secretary, and regulations im-
plementing that plan. 
CONTENTS OF FISHERY MANAGEMENT PLANS 
SEC. 109. (a) REQUIRED DATA COLLECTION AND GEAR.—Section 
303(a) of the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1853(a)) is amended— 
(1) in paragraph (1)(A) by inserting ", to prevent overfishing, 
and to protect, restore, and promote the long-term health and 
stability of the fishery" immediately before the semicolon at the 
end; 
(2) in paragraph (1)(C) by inserting "regulations implementing 
recommendations by international organizations in which the 
United States participates (including but not limited to closed 
areas, quotas, and size limits)," immediately after "this Act,"; 
(3) by amending paragraph (6) to read as follows: 
"(6) consider and provide for temporary adjustments, after 
consultation with the Coast Guard and persons utilizing the 
fishery, regarding access to the fishery for vessels otherwise 
prevented from harvesting because of weather or other ocean 
conditions affecting the safe conduct of the fishery; except that 
the adjustment shall not adversely affect conservation efforts in 
other fisheries or discriminate among participants in the af-
fected fishery;"; 
(4) by striking the period at the end of paragraph (7) and 
inserting in lieu thereof a semicolon; and 
(5) by adding at the end the following new paragraphs: 
"(8) in the case of a fishery management plan that, after 
January 1, 1991, is submitted to the Secretary for review under 
section 304(a) (including any plan for which an amendment is 
submitted to the Secretary for such review) or is prepared by 
the Secretary, assess and specify the nature and extent of 
scientific data which is needed for effective implementation of 
the plan; and 
"(9) include a fishery impact statement for the plan or amend-
ment (in the case of a plan or amendment thereto submitted to 
or prepared by the Secretary after October 1, 1990) which shall 
assess, specify, and describe the likely effects, if any, of the 
conservation and management measures on— 
"(A) participants in the fisheries affected by the plan or 
amendment; and 
104 STAT. 4448 
PUBLIC LAW 101-627—NOV. 28, 1990 
"(B) participants in the fisheries conducted in adjacent 
areas under the authority of another Council, after con-
sultation with such Council and representatives of those 
participants.". 
Ot)) DISCRETIONARY PROVISIONS.—(1) Paragraph (1) of section 303(b) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1853(b)) is amended to read as follows: 
"(1) require a permit to be obtained from, and fees to be paid 
to, the Secretary, with respect to— 
"(A) any fishing vessel of the United States fishing, or 
wishing to fish, in the exclusive economic zone or for anad-
romous species or Continental Shelf fishery resources 
beyond such zone; 
"(B) the operator of any such vessel; or 
"(C) any United States fish processor who first receives 
fish that are subject to the plan;". 
(2) Section 303(b) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1853(b)) is amended by redesignating 
paragraphs (7) and (8) as paragraphs (9) and (10), respectively, and 
by inserting immediately after paragraph (6) the following new 
paragraphs: 
"(7) require fish processors who first receive fish that are 
subject to the plan to submit data (other than economic data) 
which are necessary for the conservation and management of 
the fishery; 
"(8) require that observers be carried on board a vessel of the 
United States engaged in fishing for species that are subject to 
the plan, for the purpose of collecting data necessary for the 
conservation and management of the fishery; except that such a 
vessel shall not be required to carry an observer on board if the 
facilities of the vessel for the quartering of an observer, or for 
carrying 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;". 
(c) CONFIDENTIALITY OF STATISTICS.—Section 303(d) of the Magnu-
son Fishery Conservation and Management Act (16 U.S.C. 1853(d)) is 
amended— 
(1) in the matter preceding paragraph (1) by striking "subsec-
tion (aX5)" and inserting in lieu thereof "subsections (a) and 
(b)"; 
(2) by striking "or" at the end of paragraph (1); 
(3) by redesignating paragraph (2) as paragraph (3); 
(4) by inserting immediately after paragraph (1) the following 
new paragraph: 
"(2) to State employees pursuant to an agreement with the 
Secretary that prevents public disclosure of the identity or 
business of any person; or"; and 
(5) by adding at the end the following new sentence: "Nothing 
in this subsection 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 statistic submitted in compliance with a requirement under 
subsection (a) or (b).". 
(d) USE OF CERTAIN DATA.—Section 303 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1853) is further 
amended by adding at the end the following new subsection: 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4449 
"(f) RESTRICTION ON USE OF CERTAIN DATA.—The Secretary shall Regulations, 
promulgate regulations to restrict the use, in civil enforcement or 
criminal proceedings under this Act, the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1361 et seq.), or the Endangered Species 
Act (16 U.S.C. 1531 et seq.), of information collected by voluntary 
fishery data collectors, including sea samplers, 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.". 
ACTION BY SECRETARY ON FISHERY MANAGEMENT PLANS 
SEC. 110. (a) FISHERIES RESEARCH.—Subsection (e) of section 304 of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1854) is amended to read as follows: 
"(e) FISHERIES RESEARCH.—(1) Within one year after the date of 
enactment of the Fishery Conservation Amendments of 1990, and at 
least every three years thereafter, the Secretary shall develop and 
publish in the Federal Register a strategic plan for fisheries re-
search for the five years immediately following such publication. 
The plan shall— 
"(A) identify and describe a comprehensive program with a 
limited number of priority objectives for research in each of the 
areas specified in paragraph (2); 
"(B) indicate the goals and timetables for the program 
described in subparagraph (A); and 
"(C) provide a role for affected commercial fishermen in such 
research, including involvement in field testing. 
"(2) The areas of research referred to in paragraph (1) are as 
follows: 
"(A) Research to support fishery conservation and manage-
ment, including research on the economics of fisheries and 
biological research concerning the interdependence of fisheries 
or stocks offish, the impact of pollution on fish populations, the 
impact of wetland and estuarine degradation, and other matters 
bearing upon the abundance and availability of fish. 
"(B) Conservation engineering research, including the study 
of fish behavior and the development and testing of new gear 
technology and fishing techniques to minimize the harvest of 
nontarget species and promote efficient harvest of target 
species. 
"(C) Information management research, including the devel-
opment of a fishery information base and an information 
management system that will permit the full use of data in the 
support of effective fishery conservation and management. 
"(3) In developing the plan required under paragraph (1), the 
Secretary shall consult with relevant Federal agencies, scientific 
and technical experts, and other interested persons, public and 
private, and shall publish a proposed plan in the Federal Register 
for the purpose of receiving public comment on the plan. The 
Secretary shall ensure that affected commercial fishermen are ac-
tively involved in the development of the portion of the plan 
pertaining to conservation engineering research. Upon final publica-
tion in the Federal Register, the plan shall be submitted by the 
Secretary to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Merchant Marine and 
Fisheries of the House of Representatives.". 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
104 STAT. 4450 
PUBLIC LAW 101-627—NOV. 28, 1990 
Qa) MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISHERIES.—(1) 
Section 304(f) of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1854(f)) is amended— 
(A) by striking "MISCELLANEOUS DUTIES" and inserting in lieu 
thereof 
"FISHERIES UNDER AUTHORITY OF MORE THAN ONE 
COUNCIL"; 
(B) in paragraph (1) by striking "If and inserting in lieu 
thereof "Except as provided in para^aph (3), if; and 
(C) by adding at the end the following new paragraph: 
"(3)(A) The Secretary shall have authority over any highly migra-
tory 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) In accordance with the provisions of this Act and any other 
applicable law, the Secretary shall— 
"(i) identify research and information priorities, including 
observer requirements and necessary data collection and analy-
sis for the conservation and management of highly migratory 
species; 
"(ii) prepare and amend fishery management plans with re-
spect to highly migratory species fisheries to which this para-
graph applies; and 
"(iii) diligently pursue, through international entities (such as 
the International Commission for the Conservation of Atlantic 
Tunas), international fishery management measures with re-
spect to fishing for highly migratory species. 
"(C) In preparing or amending any fishery management plan 
under this paragraph, the Secretary shall— 
"(i) conduct public hearings, at appropriate times and in 
appropriate 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; 
"(ii) consult with and consider the comments and views of 
commissioners and advisory groups appointed under Acts im-
plementing relevant international fishery agreements pertain-
ing to highly migratory species; 
"(iii) consult with and consider the comments and views of 
affected Councils; 
"(iv) evaluate the likely effects, if any, of conservation and 
management measures on participants in the fisheries affected 
by the plan and minimize, to the extent practicable, any dis-
advantage to United States fishermen in relation to foreign 
competitors; and 
"(v) review, on a continuing basis (and promptly whenever a 
recommendation pertaining to fishing for highly migratory spe-
cies has been made under a relevant international fishery 
agreement), and revise as appropriate, the conservation and 
manageirient measures included in the plan. 
"(D) Conservation and management measures contained in any 
fishery management plan under this paragraph shall— 
"(i) take into consideration traditional fishing patterns of 
fishing vessels of the United States and the operating require-
ments of the fisheries; 
"(ii) be fair and equitable in allocating fishing privileges 
among United States fishermen and not have economic alloca-
tion as the sole purpose; and 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4451 
"(iii) promote international conservation. 
"(E) With respect to a highly migratory species for which the 
United States is authorized to harvest an allocation or quota under 
a relevant international fishery agreement, the Secretary shall 
provide fishing vessels of the United States with a reasonable 
opportunity to harvest such allocation or quota. 
(F) In implementing the provisions of this paragraph, the Sec-
retary shall consult with— 
"(i) the Secretary of State; 
"(ii) commissioners and advisory groups appointed under Acts 
implementing 
relevant 
international 
fishery 
agreements 
pertaining to highly migratory species; and 
"(iii) appropriate Councils.". 
(2) Section 305(aX3) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1855(a)(3)), as redesignated by section 
lll(aXl) of this Act, is amended by inserting "or (0(3)" immediately 
after "304(c)". 
(c) INCIDENTAL HARVEST RESEARCH.—Section 304 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1854) is 
amended by adding at the end the following new subsection. 
"(g) INCIDENTAL HARVEST RESEARCH.—(1) Within 9 months after Regulations, 
the date of enactment of the Fishery Conservation Amendments of 
1990, the Secretary shall, after consultation with the Gulf of Mexico 
Fishery Management Council and South Atlantic Fishery Manage-
ment Council, establish by regulation a 3-year program to assess the 
impact on fishery resources of incidental harvest by the shrimp 
trawl fishery within the authority of such Councils. 
"(2) The program established pursuant to paragraph (1) 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. 
"(3) For stocks of fish identified pursuant to paragraph (2), with 
priority given to stocks which (based upon the best available sci-
entific information) are considered to be overfished, the Secretary 
shall conduct— 
"(A) a program to collect and eveduate data on the nature and 
extent (including the spatial and temporal distribution) of in-
cidental mortality of such stocks as a direct result of shrimp 
trawl fishing activities; 
"(B) an assessment of the status and condition of such stocks, 
including collection of information which would allow the esti-
mation 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 
"(C) a prc^ram of data 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. 
"(4) The Secretary shall, in cooperation with affected interests, 
commence a program to design, and evaluate the efficacy of, techno-
logical devices and other changes in fishing technology for the 
reduction of incidental mortality of nontarget fishery resources in 
the course of shrimp trawl fishing activity. Such program shall take 
into account local conditions and include evaluation of any reduc-
tion in incidental mortality, as well as any reduction or increase in 
the retention of shrimp in the course of normal fishing activity. 
104 STAT. 4452 
PUBLIC LAW 101-627—NOV. 28, 1990 
Reports. 
"(5) The Secretary shall, upon completion of the programs re-
quired by this subsection, submit a detailed report on the results of 
such programs to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives. 
"(6)(A) Except as provided in this paragraph, the Secretary may 
not implement any measures under this Act to reduce incidental 
mortality of nontarget fishery resources in the course of shrimp 
trawl fishing which would restrict the period during which shrimp 
are harvested or would require the use of any technological device 
or other change in fishing technology. 
"(B) The prohibition contained in subparagraph (A) shall cease on 
January 1,1994. 
"(C) This paragraph does not apply to any law or regulation in 
effect on the date of enactment of this paragraph, nor does it limit in 
any way the Secretary's authority to take action, including any 
limitation on entry permitted by this Act, for the conservation and 
management of the shrimp fishery resource.". 
(d) ATLANTIC SEA SCALLOP FISHERY MANAGEMENT PLAN.—(1) The 
New England Fishery Management Council may submit to the 
Secretary of Commerce an amendment to the Atlantic Sea Scallop 
Fishery Management Plan. Any amendment submitted under this 
section shall— 
(A) contain measures providing for the conservation and 
management of Atlantic sea scallops, that are not based pri-
marily on the scallop meat count but which may include 
controls on scallop harvesting effort; and 
(B) consider the views of fishermen and fish processors in-
volved in the Atlantic sea scallop fishery. 
(2) If no amendment is submitted under paragraph (1) before one 
year after the date of enactment of this Act, the Secretary of 
Commerce is encouraged to prepare the amendment described in 
paragraph (1) under section 304 of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1854). 
IMPLEMENTATION OF FISHERY MANAGEMENT PLANS 
SEC. 111. (a) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Sec-
tion 305 of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1855) is amended— 
(A) by redesignating subsections (c), (d), and (e) as subsections 
(a), (b), and (c), respectively; and 
(B) by redesignating subsections (g) and (h) as subsections (d) 
and (e), respectively. 
(2) Section 304 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1854) is amended— 
(A) in subsection (b)(1) by striking "305(c)" in the first sen-
tence and inserting in lieu thereof "305(a)"; 
(B) in subsection (b)(3)(D) by striking "305(c)" and inserting in 
lieu thereof "305(a)"; and 
(C) in subsection (c)(2)(B) by striking "305(c)" and inserting in 
lieu thereof "305(a)". 
(b) JUDICIAL REVIEW OF CERTAIN IMPLEMENTING ACTIONS.—Section 
305(b) of the Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1855(b)), as redesignated by subsection (a)(1)(A), is 
amended to read as follows: 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4453 
"(h) JUDICIAL REVIEW.—(1) Regulations promulgated by the Sec-
retary under this Act and actions described in paragraph (2) shsdl be 
subject to judicial review to the extent authorized by, and in accord-
ance with, chapter 7 of title 5, United States Code, if a petition for 
such review is filed within 30 days after the date on which the 
regulations are promulgated or the action is published in the Fed-
eral Register, as applicable; except that— 
"(A) section 705 of such title is not applicable, and 
"(B) the appropriate court shall only set aside any such 
regulation or action on a ground specified in section 706(2) (A), 
(B), (C), or (D) of such title. 
"(2) The actions referred to in paragraph (1) are actions that are 
taken by the Secretary under regulations which implement a fish-
ery management plan, including but not limited to actions that 
establish the date of closure of a fishery to commercial or rec-
reational fishing. 
"(3XA) Notwithstanding any other provision of law, the Secretary 
shall file a response to any petition filed in accordance with para-
graph (1), not later than 45 days after the date the Secretary is 
served with that petition, except that the appropriate court may 
extend the period for filing such a response upon a showing by the 
Secretary of good cause for that extension. 
"(B) A response of the Secretary under this paragraph shall 
include a copy of the administrative record for the regulations that 
are the subject of the petition. 
"(4) Upon a motion by the person who files a petition under this 
subsection, the appropriate court shall assign the matter for hearing 
at the earliest possible date and shall expedite the matter in every 
possible way.". 
STATE JURISDICTION 
SEC. 112. Section 306(c) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1856(c)) is amended— 
(1) in paragraph (IXB) by inserting "and the application 
specifies the species to be processed" before the period at the 
end; and 
(2) by striking paragraph (2) and inserting in lieu thereof the 
following: 
"(2) The Governor of a State may not grant permission for a 
foreign fishing vessel to engage in fish processing under para-
graph (D— 
"(A) for a fishery which occurs in the waters of more than 
one State or in the exclusive economic zone, except after— 
"(i) consulting with the appropriate Council and 
Marine Fisheries Commission, and 
"(ii) considering any comments received from the 
Governor of any other State where the fishery occurs; 
and 
"(B) if the Governor determines that fish processors 
within the State have adequate capacity, and will utilize 
such capacity, to process all of the United States harvested 
fish from the fishery concerned that are landed in the 
State.". 
PROHIBITION OF CERTAIN ACTS 
SEC. 113. (a) PROHIBITIONS WITH RESPECT TO THEFT, ASSAULT, AND 
LARGE-SCALE DRIFTNET FISHING.—Section 307(1) of the Magnuson 
104 STAT. 4454 
PUBLIC LAW 101-627—NOV. 28, 1990 
Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is 
amended— 
(1) by striking "or" at the end of subparagraph (I); 
(2) by striking the period at the end of subparagraph (J) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
"(K) to knowingly steal, or without authorization, to 
remove, damage, or tamper with— 
"(i) fishing gear owned by another person, which is 
located in the exclusive economic zone, or 
"(ii) fish contained in such fishing gear, 
or to attempt to do so; 
"(L) to forcibly assault, resist, oppose, impede, intimidate, 
or interfere with any observer on a vessel under this Act; 
"(M) to engage in large-scale driftnet fishing that is 
subject to the jurisdiction of the United States, including 
use of a fishing vessel of the United States to engage in 
such fishing beyond the exclusive economic zone of any 
nation; or 
"(N) to strip pollock of its roe and discard the flesh of the 
pollock.". 
(b) VIOLATION OF INTERNATIONAL FISHERY AGREEMENT.—Section 
307 of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1857) is amended— 
(1) in paragraph (3) by striking "; and" and inserting in lieu 
thereof a semicolon; 
(2) in par^raph (4) by striking the period at the end and 
inserting in lieu thereof ; and;" and 
(3) by adding at the end the following new paragraph: 
"(5) for any vessel of the United States, and for the owner or 
operator of any vessel of the United States, to engage in fishing 
in the waters of a foreign nation in a manner that violates an 
international fishery agreement between that nation and the 
United States that has been subject to Congressional oversight 
in the manner described in section 203, or any regulations 
issued to implement such an agreement; except that the binding 
provisions of such agreement and implementing regulations 
shall have been published in the Federal Register prior to such 
violation.". 
CIVIL PENALTIES AND PERMIT SANCTIONS 
SEC. 114. (a) INCREASED PENALTY; PERMIT SANCTIONS.—Section 308 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1858) is amended— 
(1) in the section heading by inserting "AND PERMIT SANC-
TIONS" immediately after "CIVIL PENALTIES"; 
(2) in subsection (a) by striking "$25,000" in the second sen-
tence and inserting in lieu thereof "$10(),000"; and 
(3) by adding at the end the following: 
"(g) PERMIT SANCTIONS.—(1) In any case in which (A) a vessel has 
been used in the commission of an act prohibited under section 307, 
(B) the owner or operator of a vessel or any other person who has 
been issued or has applied for a permit under this Act has acted in 
violation of section 307, or (C) 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 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4455 
fishery resource law statute enforced by the Secretary has not been 
paid and is overdue, the Secretary may— 
"(i) revoke any permit issued with respect to such vessel or 
person, with or without prejudice to the issuance of subsequent 
permits; 
"(ii) suspend such permit for a period of time considered by 
the Secretary to be appropriate; 
"(iii) deny such permit; or 
"(iv) impose additional conditions and restrictions on any 
permit issued to or applied for by such vessel or person under 
this Act and, with respect to foreign fishing vessels, on the 
approved application of the foreign nation involved and on any 
permit issued under that application. 
"(2) In imposing a sanction under this subsection, the Secretary 
shall take into account— 
"(A) the nature, circumstances, extent, and gravity of the 
prohibited acts for which the sanction is imposed; and 
"(B) with respect to the violator, the degree of culpability, any 
history of prior offenses, and such other matters as justice may 
require. 
"(3) Transfer of ownership of a vessel, by sale or otherwise, shall 
not extinguish any permit sanction that is in effect or is pending at 
the time of transfer of ownership. Before executing the transfer of 
ownership of a vessel, by sale or otherwise, the owner shall disclose 
in writing to the prospective transferee the existence of any permit 
sanction that will be in effect or pending with respect to the vessel 
at the time of the transfer. 
"(4) In the case of any permit that is suspended under this 
subsection for nonpayment of a civil penalty or criminal fine, the 
Secretary shall reinstate the permit upon payment of the penalty or 
fine and interest thereon at the prevailing rate. 
"(5) No sanctions shall be imposed under this subsection unless 
there has been a prior opportunity for a hearing on the facts 
underlying the violation for which the sanction is imposed, either in 
conjunction with a civil penalty proceeding under this section or 
otherwise.". 
(b) CONFORMING AMENDMENT.—The entry for section 308 in the 
table of contents in the first section of the Magnuson Fishery 
Conservation and Management Act is amended to read as follows: 
"Sec. 308. Civil penalties and permit sanctions.". 
CRIMINAL OFFENSES AND PENALTIES 
SEC. 115. (a) OFFENSES.—Paragraph (1) of section 309(a) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1859(a)) is amended to read as follows: 
"(1) section 307(1) (D), (E), (F), (H), (I), or (L); or". 
(b) PUNISHMENT.—Section 309(b) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1859(b)) is amended— 
(1) by striking "$50,000" and inserting in lieu thereof 
"$100,000"; 
(2) by striking "$100,000" each place it appears and inserting 
in lieu thereof "$200,000"; 
(3) by inserting "any observer described in section 307(1)(L) 
or" immediately after "injury to"; and 
39-194 O - 91 - 3 : QL 3 Part 6 
104 STAT. 4456 
PUBLIC LAW 101-627—NOV. 28, 1990 
(4) by inserting "observer or" immediately before "officer in 
fear". 
CIVIL FORFEITURES 
SEC. 116. Section 310(e) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1860(e)) is amended— 
(1) by inserting "(1)" immediately before "For purposes"; and 
(2) by adding at the end the following: 
"(2) For purposes of this Act, it shall be a rebuttable presumption 
that any fish of a species which spawns in fresh or estuarine waters 
and migrates to ocean waters that is found on board a vessel is of 
United States origin if the vessel is within the migratory range of 
the species during that part of the year to which the migratory 
range applies.". 
ENFORCEMENT 
SEC. 117. Section 311(e) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1861(e)) is amended to read as 
follows: 
"(e) PAYMENT OF STORAGE, CARE, AND OTHER C!OSTS.—(1) Notwith-
standing any other provision of law, the Secretary or the Secretary 
of the Treasury may pay from sums received as fines, penalties, and 
forfeitures of property for violations of any provisions of this Act or 
of any other fishery resource law enforced by the Secretary, includ-
ing the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)— 
"(A) the reasonable and necessary costs incurred in providing 
temporary storage, care, and maintenance of seized fish or other 
property pending disposition of any civil or criminal proceeding 
alleging a violation of any provision of this Act or any other 
fishery resource law enforced by the Secretary with respect to 
that fish or other property; 
"(B) a reward to any person who furnishes information which 
leads to an arrest, conviction, civil penalty assessment, or for-
feiture of property for any violation of any provision of this Act 
or any other fishery resource law enforced by the Secretary; 
"(C) £iny expenses directly related to investigations and civil 
or criminal enforcement proceedings, including any necessary 
expenses for equipment, training, travel, witnesses, and 
contracting services directly related to such investigations or 
proceedings; 
"(D) any valid liens or mortgages against any property that 
has been forfeited; 
"(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)) or 
under other provisions of the customs laws, as made applicable 
by section 310(c) of this Act to seizures made by the Secretary 
under this Act, in amounts determined by the Secretary to be 
applicable to such claims at the time of seizure; and 
"(F) reimbursement to any Federal or State sigency, including 
the Coast Guard, for services performed, or personnel, equip-
ment, or facilities utilized, under any agreement with the Sec-
retary entered into pursuant to subsection (a), or any similar 
agreement authorized by law. 
"(2) Any person assessed a civil penalty for, or convicted of, any 
violation of this Act shall be liable for the cost incurred in storage, 
care, and maintenance of any fish or other property seized in 
connection with the violation.". 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4457 
NORTH PACIFIC FISHERIES RESEARCH PLAN 
SEC. 118. (a) Title III of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1851 et seq.) is amended by adding at 
the end the following new section: 
"SEC. 313. NORTH PACIFIC FISHERIES RESEARCH PLAN. 
16 USC 1862. 
"(a) IN GENERAL.—The North Pacific Fishery Management Coun-
cil may prepare, in consultation with the Secretary, a fisheries 
research plan for all fisheries under the Council's jurisdiction except 
salmon fisheries which— 
"(1) requires that observers be stationed on fishing vessels 
engaged in the catching, taking, or harvesting of fish and on 
United States fish processors fishing for or processing species 
under the jurisdiction of the Council, including the Northern 
Pacific halibut fishery, for the purpose of collecting data nec-
essary for the conservation, management, and scientific under-
standing of any fisheries under the Council's jurisdiction; and 
"(2) establishes a system of fees to pay for the costs of 
implementing the plan. 
"(b) STANDARDS.—(1) Any plan or plan amendment prepared 
under this section shall be reasonably calculated to— 
"(A) gather reliable data, by stationing observers on all or a 
statistically reliable sample of the fishing vessels and United 
States fish processors included in the plan, necessary for the 
conservation, management, and scientific understanding of the 
fisheries covered by the plan; 
"(B) be fair and equitable to all vessels and processors; 
"(C) be consistent with applicable provisions of law; and 
"(D) take into consideration the operating requirements of the 
fisheries and the safety of observers and fishermen. 
"(2) Any system of fees established under this section shall— 
"(A) provide that the total amount of fees collected under this 
section not exceed the combined cost of (i) stationing observers 
on board fishing vessels and United States fish processors, (ii) 
the actual cost of inputting collected data, and (iii) assessments 
necessary for a risk-sharing pool implemented under subsection 
(e) of this section, less any amount received for such purpose 
from another source or from an existing surplus in the North 
Pacific Fishery Observer Fund established in subsection (d) of 
this section; 
"(B) be fair and equitable to all participants in the fisheries 
under the jurisdiction of the Council, including the Northern 
Pacific halibut fishery; 
"(C) provide that fees collected not be used to pay any costs of 
administrative overhead or other costs not directly incurred in 
carrying out the plan; 
"(D) not be used to offset amounts authorized under other 
provisions of law; 
"(E) be expressed as a percentage, not to exceed one 
percentum, of the value of fish and shellfish harvested under 
the jurisdiction of the Council, including the Northern Pacific 
halibut fishery; 
"(F) be assessed against all fishing vessels and United States 
fish processors, including those not required to carry an ob-
server under the plan, participating in fisheries under the 
104 STAT. 4458 
PUBLIC LAW 101-627—NOV. 28, 1990 
Regulations. 
Federal 
Register, 
publication. 
jurisdiction of the Council, including the Northern Pacific hali-
but fishery; 
"(G) provide that fees collected will be deposited in the North 
Pacific Fishery Observer Fund established under subsection (d) 
of this section; 
^ 
"(H) provide that fees collected will only be used for im-
plementing the plan established under this section; and 
"(I) meet the requirements of section 9701(b) of title 31, 
United States Code. 
"(c) ACTION BY SECRETARY.—(1) Within 60 days after receiving a 
plan or plan amendment from the North Pacific Council under this 
section, the Secretary shall review such plan or plan amendment 
and either (A) remand such plan or plan amendment to the Council 
with comments if it does not meet the requirements of this section, 
or (B) publish in the Federal Register proposed regulations for 
implementing such plan or plan amendment. 
"(2) During the 60-day public comment period, the Secretary shall 
conduct a public hearing in each State represented on the Council 
for the purpose of receiving public comments on the proposed 
regulations. 
"(3) Within 45 days of the close of the public comment period, the 
Secretary, in consultation with the Council, shall analyze the public 
comment received and publish final regulations for implementing 
such plan. 
"(4) If the Secretary remands a plan or plan amendment to the 
Council for failure to meet the requirements of this section, the 
Council may resubmit such plan or plan amendment at any time 
after taking action the Council believes will address the defects 
identified by the Secretary. Any plan or plan amendment resubmit-
ted to the Secretary will be treated as an original plan submitted to 
the Secretary under paragraph (1) of this subsection. 
"(d) FISHERY OBSERVER FUND.—There is established in the Treas-
ury a North Pacific Fishery Observer Fund. The Fund shall be 
available, without appropriation or fiscal year limitation, only to the 
Secretary for the purpose of carrying out the provisions of this 
section, subject to the restrictions in subsection (b)(2) of this section. 
The Fund shall consist of all monies deposited into it in accordance 
with this section. Sums in the Fund that are not currently needed 
for the purposes of this section shall be kept on deposit or invested 
in obligations of, or guaranteed by, the United States. 
"(e) SPECIAL PROVISIONS REGARDING OBSERVERS.—(1) The Sec-
retary shall review— 
"(A) the feasibility of establishing a risk sharing pool through 
a reasonable fee, subject to the limitations of subsection (b)(2)(E) 
of this section, to provide coverage for vessels and owners 
against liability from civil suits by observers, and 
"(B) the availability of comprehensive commercial insurance 
for vessel and owner liability against civil suits by observers. 
"(2) If the Secretary determines that a risk sharing pool is fea-
sible, the Secretary shall establish such a pool, subject to the 
provisions of subsection (b)(2) of this section, unless the Secretary 
determines that— 
"(A) comprehensive commercial insurance is available for all 
fishing vessels and United States fish processors required to 
have observers under the provisions of this section, and 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4459 
"(B) such comprehensive commercial insurance will provide 
a greater measure of coverage at a lower cost to each 
participant.". 
(b) CONFORMING AMENDMENT.—The table of contents in the first 
section of the Magnuson Fishery Conservation and Management Act 
is amended by inserting immediately after the entry for section 312 
the following new entry: 
"Sec. 313. North Pacific fisheries research plan.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 119. Section 406 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1882) is amended by adding at the end 
the following new paragraphs: 
"(16) $77,200,000 for the fiscal year ending September 30, 
1990. 
"(17) $94,000,000 for the fiscal year ending September 30, 
1991, of which $6,500,000 shall be used for enforcement and 
$5,000,000 shall be used to increase research and assessment 
efforts. 
"(18) $98,000,000 for the fiscal year ending September 30, 
1992. 
"(19) $102,000,000 for the fiscal year ending September 30, 
1993.". 
MISCELLANEOUS TECHNICAL AMENDMENTS 
SEC. 120. (a) INTERNATIONAL FISHERY AGREEMENTS.—Section 202(f) 
of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1822(f)), as so redesignated by section 105 of this Act, is 
amended by striking "a exclusive economic zone" and inserting in 
lieu thereof "an exclusive economic zone". 
(b) FOREIGN FISHING PERMITS.—Section 20403)(4)(C) of the Magnu-
son Fishery Conservation 
and Management 
Act (16 U.S.C. 
1824(b)(4)(C)) is amended by striking "council" and inserting in lieu 
thereof "Council". 
(c) 
COUNCIL PROCEDURAL MATTERS.—Section 302(j)(4) of 
the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1852(j)(4)) is amended by striking "council employee" and inserting 
in lieu thereof "Council employee". 
(d) ACTION BY SECRETARY.—Section 304(c)(2)(B) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1854(c)(2)(B)) 
is amended by striking "appropriate council" and inserting in lieu 
thereof "appropriate Council". 
TITLE II—ATLANTIC TUNAS CONVENTION ACT OF 1975 
LIMITATIONS ON APPOINTMENTS OF COMMISSIONERS 
SEC. 201. (a) IN GENERAL.—Section 3(a) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971a(a)) is amended— 
(1) by inserting "(1)" immediately after "(a)"; and 
(2) by adding at the end the following: 
"(2) Of the Commissioners appointed under paragraph (1) who are 
not governmental employees— 
"(A) one shall be appointed from among individuals with 
knowledge and experience regarding commercial fishing in the 
Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and 
104 STAT. 4460 
PUBLIC LAW 101-627—NOV. 28, 1990 
"(B) one shall be appointed from among individuals with 
knowledge and experience regarding recreational fishing in the 
Atlantic Ocean, Gulf of Mexico, or Caribbean Sea. 
"(3)(A) The term of a Commissioner shall be three years. 
"(B) An individual appointed in accordance with paragraph (2) 
shall not be eligible to serve more than two consecutive terms as a 
Commissioner.''. 
16 use 971a 
(b) APPLICATION T
O CURRENT COMMISSIONERS.—(1) Paragraph (2) of 
"°^- 
section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971a(a)), as added by this section, shall not apply to reappointment 
of an individual as a United States Commissioner of the Inter-
national Commission for the Conservation of Atlantic Tunas 
(hereinafter in this title referred to as a "Commissioner") if that 
individual is serving in that position on the date of enactment of this 
Act. 
(2) An individual serving a term as a Commissioner on the date of 
enactment of this Act shall not, by reason of that term of service, be 
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic 
Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this 
section, for reappointment as a Commissioner. 
TERMINATION OF CURRENT TERMS AND COMPLETION OF PENDING 
APPOINTMENTS 
16 use 971a 
SEC. 202. The term as Commissioner of each individual serving in 
"°*®- 
that position on the date of enactment of this Act shall terminate 
President. 
March 1, 1991. Not later than that date, the President shall com-
plete appointment (or reappointment) of individuals to serve as 
Commissioners on and after that date. 
TRAVEL EXPENSES OF COMMISSIONERS 
SEC. 203. Section 3 of the Atlantic Tunas Convention Act of 1975 
(16 U.S.C. 971a) is amended by adding at the end the following new 
subsection: 
"(d)(1) The Secretary of State shall pay the necessary travel 
expenses of United States Commissioners, Alternate United States 
Commissioners, and authorized advisors in accordance with the 
Federal Travel Regulations and sections 5701, 5702, 5704 through 
5708, and 5731 of title 5, United States Code. 
"(2) The Secretary may reimburse the Secretary of State for 
amounts expended by the Secretary of State under this subsection.". 
TRAVEL EXPENSES OF ADVISORY COMMITTEE 
SEC. 204. Section 4 of the Atlantic Tunas Convention Act of 1975 
(16 U.S.C. 971b) is amended by striking "On approval" and all that 
follows and inserting in lieu thereof the following: "The Secretary 
and the Secretary of State may pay the necessary travel expenses of 
members of the advisory committee in accordance with the Federal 
Travel Regulations and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code.". 
SPECIES WORKING GROUPS 
SEC. 205. The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971 et seq.) is amended by inserting immediately after section 4 the 
following new section: 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4461 
"SPECIES WORKING GROUPS 
"SEC. 4A. The United States Commissioners may establish species 16 USC 97lb-l. 
working groups for the purpose of providing advice and rec-
ommendations to the Commissioners and the advisory committee on 
matters relating to the conservation and management of any highly 
migratory species covered by the Convention. Any species working 
group shall consist of no more than seven members of the advisory 
committee and no more than four scientific or technical personnel, 
as considered necessary by the Commissioner.". 
REGULATIONS TO CARRY OUT COMMISSION RECOMMENDATIONS 
SEC. 206. (a) Section 6(c)(1) of the Atlantic Tunas Convention Act 
of 1975 (16 U.S.C. 971d(c)(l)) is amended by redesignating the exist-
ing text as subparagraph (A) and by adding at the end the following 
new subparagraphs: 
"(B) Not later than June 30, 1991, the Secretary shall promulgate Regulations, 
any additional regulations necessary to ensure that the United 
States is in full compliance with all recommendations made by the 
Commission that have been accepted by the United States and with 
other agreements under the Convention between the United States 
and any nation which is a party to the Convention. 
"(C) Regulations promulgated under this paragraph shall, to the 
extent practicable, be consistent with fishery management plans 
prepared and implemented under the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.).". 
(b) Section 6(c)(3) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971d(c)(3)) is amended— 
(1) in subparagraph (H) by striking "; and" and inserting in 
lieu thereof a semicolon; and 
(2) by striking subparagraph (I) and inserting in lieu thereof 
the following: 
"(I) require any commercial or recreational fisherman to 
obtain a permit from the Secretary and report the quantity of 
the catch of a regulated species; 
"(J) require that observers be carried aboard fishing vessels 
for the purpose of providing statistically reliable scientific data; 
and 
"(K) impose such other requirements and provide for such 
other measures as the Secretary may determine necessary to 
implement any recommendation of the Convention or to obtain 
scientific data necessary to accomplish the purpose of the 
Convention; 
except that no regulation promulgated under this section may have 
the effect of increasing or decreasing any allocation or quota of fish 
to the United States agreed to pursuant to a recommendation of the 
Commission.". 
RECOMMENDED COMMISSION ACTIONS REGARDING LARGE-SCALE 
DRIFTNET FISHING A N D CONSERVATION OF ATLANTIC SWORDFISH 
SEC 207. Section 6(d) of the Altantic Tunas Convention Act of 1975 
(16 U.S.C. 971d(d)) is amended to read as follows: 
"(d)(1) It is the sense of the Congress that the Secretary, in 
consultation with the Secretary of State, should seek support for a 
recommendation by the Commission to ban large-scale driftnet fish-
104 STAT. 4462 
PUBLIC LAW 101-627—NOV. 28, 1990 
ing (as that term is defined in section 3(16) of the Magnuson Fishery 
Conservation and Management Act) in the Convention area. 
"(2) The Secretary, in consultation with the Secretary of State, 
shall request the Commission to adopt recommendations necessary 
for the conservation and management of Atlantic swordfish. In 
making the request, the Secretary shall seek the establishment of an 
international minimum harvest size and a reduction in harvest 
levels to the extent necessary to conserve the stock. Until the 
Commission adopts all the conservation and management measures 
requested by the Secretary, the Secretary, within 3 months after 
each annual meeting of the Commission, shall notify Congress as to 
the nature and results of his request. These notifications shall 
identify those nations not acting to conserve and manage Atlantic 
swordfish, and recommend mesisures which could be taken to 
achieve effective international conservation and management of the 
stock.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 208. Section 10 of the Atlantic Tunas Convention Act of 1975 
(16 U.S.C. 971h) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 10. There are authorized to be appropriated to carry out this 
Act, including use for payment of the United States share of the 
joint expenses of the Commission as provided in article X of the 
Convention, not more than $2,000,000 for each of the fiscal years 
1989,1990,1991,1992, and 1993.". 
TITLE III—FISHERMEN'S PROTECTIVE ACT OF 1967 
VESSEL SEIZURE REIMBURSEMENT AUTHORITY 
SEC. 301. Section 7(e) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(e)) is amended by striking "October 1, 1989" and insert-
ing in lieu thereof "October 1,1993". 
TITLE IV—ANADROMOUS FISH CONSERVATION ACT 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 401. Section 4(a) of the Anadromous Fish Conservation Act 
(16 U.S.C. 757d(a)) is amended— 
(1) by striking paragraphs (1), (2), (3), (4), (5), and (6); 
(2) by redesignating paragraph (7) as paragraph (1); and 
(3) by adding at the end the following new paragraph: 
"(2) $8,000,000 for each of the fiscal years 1990, 1991, 1992, 
1993,1994, and 1995.". 
TITLE V—INTERJURISDICTIONAL FISHERIES ACT OF 1986 
CLARIFICATION OF APPORTIONMENT LIMITATION 
SEC. 501. Section 304(c)(3)(B) of the Interjurisdictional Fisheries 
Act of 1986 (16 U.S.C. 4103(c)(3)(B)) is amended by inserting "which 
are managed under an interstate fishery management plan" imme-
diately after "fishery resources". 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4463 
FEDERAL SHARE OF ACTIVITIES CARRIED OUT WITH ADDITIONAL 
APPROPRIATIONS 
SEC. 502. Section 308(b) of the Interjurisdictional Fisheries Act of 
L986 (16 U.S.C. 4107(b)) is amended— 
(1) in paragraph (1) by striking "and" at the end; 
(2) in paragraph (2) by striking the period at the end and 
inserting in lieu thereof "; and"; and 
(3) by inserting immediately after paragraph (2) the following 
new paragraph: 
"(3) the Federal share of the cost of any activity carried out 
with an amount appropriated under the authority of this 
subsection shall be 75 percent of the cost of that activity.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 503. Section 308 of the Interjurisdictional Fisheries Act of 
1986 (16 U.S.C. 4107) is amended— 
(1) in subsection (a) by striking "fiscal years 1987, 1988, and 
1989" and inserting in lieu thereof "the fiscal years 1989, 1990, 
1991,1992,1993,1994, and 1995"; 
(2) in subsection (b) by striking "fiscal years 1988 and 1989" 
and inserting in lieu thereof "the fiscal years 1989, 1990, 1991, 
1992,1993,1994, and 1995"; and 
(3) in subsection (c) by striking "fiscal years 1988 and 1989" 
and inserting in lieu thereof "the fiscal years 1989, 1990, 1991, 
1992, and 1993". 
TITLE VI—CENTRAL, WESTERN, AND SOUTH PACIFIC 
FISHERIES DEVELOPMENT ACT 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 601. Section 7 of the Central, Western, and South Pacific 
Fisheries Development Act (16 U.S.C. 758e-5) is amended by striking 
"and 1988" and inserting in lieu thereof "1988, 1989, 1990, 1991, 
1992,1993,1994, and 1995". 
TITLE VII—NATIONAL FISH AND SEAFOOD PROMOTIONAL 
COUNCIL 
EXTENSION OF TERMINATION DATE 
SEC. 701. Section 206(g) of the Fish and Seafood Promotion Act of 
1986 (16 U.S.C. 4005(g)) is amended by striking "October 1, 1990" 
and inserting in lieu thereof "December 31,1991". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 702. Section 209(d) of the Fish and Seafood Promotion Act of 
1986 (16 U.S.C. 4008(d)) is amended by striking "1990" and inserting 
in lieu thereof "1991". 
TRANSFER OF SALTONSTALL-KENNEDY FUNDS 
SEC. 703. Section 2(b)(2) of the Act of August 11, 1939 (commonly 
known as the Saltonstall-Kennedy Act; 15 U.S.C. 713c-3(b)(2)), is 
amended by striking "fiscal year 1990" and inserting in lieu thereof 
"each of fiscal years 1990 and 1991". 
104 STAT. 4464 
PUBLIC LAW 101-627—NOV. 28, 1990 
CONTINUITY OF NATIONAL COUNCIL MEMBERSHIP 
16 use 4004 
SEC. 704. (a) UNINTERRUPTED SERVICE.—Individuals serving on 
note. 
September 30, 1990, as members of the National Fish and Seafood 
Promotional Council > shall be deemed to continue^as members in 
uninterrupted service since the date of their initial appointment. 
(b) FILLING OF VACANCIES.—Notwithstanding section 206(e) of the 
Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(e)), any 
vacancy on the National Fish and Seafood Promotion Act not filled 
as of September 30,1990, shall be filled within 60 days after the date 
of enactment of this Act. 
(c) TECHNICAL AMENDMENT.—Section 207(aX5) of the Fish and 
Seafood Promotion Act of 1986 (16 U.S.C. 4006(aX5)) is amended by 
inserting "initial" immediately before "appointments." 
CONTINUITY OF COUNCIL FUNCTIONS, CONTRACTS, AND PERSONNEL 
16 use 4005 
SEC. 705. All current functions, contracts in force, and existing 
°°*®' 
personnel of the National Fish and Seafood Promotional Council as 
of September 30, 1990, are reauthorized and extended, and shall 
continue as if uninterrupted, notwithstanding section 206(g) of the 
Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(g)) as in 
effect on September 30,1990. 
TITLE VIII—MISCELLANEOUS 
CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS 
16 use 1822 
SEC. 801. (a) NEGOTIATIONS.—Within 60 days after the date of 
°°*®- 
enactment of this Act, the Secretary of State shall commence nego-
tiations with nations which import or export anadromous fish or 
anadromous fish products for the purpose of securing general agree-
ment among such nations to implement effective measures to pro-
hibit international trade in anadromous fish or anadromous fish 
products unless such fish or fish products are accompanied by a 
valid certificate of legal origin attesting that the fish or fish product 
was lawfully harvested— 
(1) within the jurisdiction of a nation having naturally occur-
ring or artificially established anadromous fish populations of 
the same species as the imported or exported product; or 
(2) on the high seas according to an international agreement 
among nations with jurisdiction over more than 1 percent of the 
stocks of anadromous fish being so harvested. 
(b) ISSUANCE OF CERTIFICATES.—For the purposes of subsection (a), 
a valid certificate of legal origin may be issued only by a nation 
which— 
(1) is the nation having jurisdiction over the vessel or other 
means by which the fish or fish product was harvested; and 
(2) maintains regular harvests of anadromous fish in a 
manner consistent with the criteria for lawful harvests set out 
in subsection (a). 
(c) BILATERAL OR MULTILATERAL AGREEMENTS.—Efforts under-
taken by the Secretary of State pursuant to subsection (a) may, at 
the discretion of the Secretary, be directed toward achieving either 
bilateral or multilateral agreements, including trade agreements, 
whichever the Secretary determines to be most likely to result in 
the earliest possible date or dates of agreement by those nations 
which individually have in excess of $1,000,000, or the equivalent, in 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4465 
import or export trade in anadromous fish and anadromous fish 
products. 
(d) REGULATIONS.—The Secretary of Commerce shall, within 180 
days after the date of enactment of this Act, promulgate regulations 
providing for— 
(1) the issuance of certificates of legal origin pursuant to 
agreements under subsection (a) for anadromous fish and anad-
romous fish products legally harvested by vessels of the United 
States; 
(2) the delegation of the authority to issue certificates of legal 
origin to States, territories, or possessions of the United States 
which the Secretary of Commerce determines to have imple-
mented a program which is sufficient to accomplish the pur-
poses of subsection (a); and 
(3) an orderly transition to such regulations, sufficient to 
ensure that United States commerce in anadromous fish and 
anadromous fish products is not unduly disrupted. 
(e) REPORT REQUIRED.—The Secretary of Commerce, after con-
sultation with the Secretary of the Treasury, shall, within 180 days 
after the date of enactment of this Act, submit to the Congress a 
report— 
(1) making recommendations as to the need for the adoption 
of United States import and export restrictions on anadromous 
fish and anadromous fish products consistent with subsection 
(a); and 
(2) identifying, evaluating, and making recommendations 
regarding any specific statutory or regulatory changes that may 
be necessary for the adoption of such restrictions. 
(f) CERTIFICATION.—If, at any time following the promulgation of 
the regulations required by subsection (d), the Secretary of Com-
merce finds that any nation is engaging in trade in unlawfully taken 
anadromous fish or anadromous fish products, the Secretary shall 
certify that fact to the President, which certification shall be 
deemed to be a certification for the purposes of section 8(a)(1) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)). 
TITLE IX—DOLPHIN PROTECTION CONSUMER 
INFORMATION 
DOLPHIN PROTECTION 
SEC. 901. (a) SHORT TITLE.—This section may be cited as the Dolphin 
"Dolphin Protection Consumer Information Act". 
Consume? 
(b) FINDINGS.—The Congress finds that— 
Information Act. 
(1) dolphins and other marine mammals are frequently killed 16 USC 1835. 
in the course of tuna fishing operations in the eastern tropical 
Pacific Ocean and high seas driftnet fishing in other parts of the 
world; 
(2) it is the policy of the United States to support a worldwide 
ban on high seas driftnet fishing, in part because of the harmful 
effects that such driftnets have on marine mammals, including 
dolphins; and 
(3) consumers would like to know if the tuna they purchase is 
falsely labeled as to the effect of the harvesting of the tuna on 
dolphins. 
(c) DEFINITIONS.—For purposes of this section— 
104 STAT. 4466 
PUBLIC LAW 101-627—NOV. 28, 1990 
(1) the terms "driftnet" and "driftnet fishing" have the mean-
ings given those terms in section 4003 of the Driftnet Impact 
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 
note); 
(2) the term "eastern tropical Pacific Ocean" means the area 
of the Pacific Ocean bounded by 40 degrees north latitude, 40 
degrees south latitude, 160 degrees west longitude, and the 
western coastlines of North, Central, and South America; 
(3) the term "label" means a display of written, printed, or 
graphic matter on or affixed to the immediate container of any 
article; 
(4) the term "Secretary" means the Secretary of Commerce; 
and 
(5) the term "tuna product" means a food item which contains 
tuna and which has been processed for retail sale, except perish-
able sandwiches, salads, or other products with a shelf life of 
less than 3 days. 
(d) LABEUNG STANDARD.—(1) It is a violation of section 5 of the 
Federal^Trade Commission Act for any producer, importer, exporter, 
distributor, or seller of any tuna product that is exported from or 
offered for sale in the United States to include on the label of that 
product the term "Dolphin Safe" or any other term or symbol that 
falsely claims or suggests that the tuna contained in the product was 
harvested using a method of fishing that is not harmful to dolphins 
if the product contains— 
(A) tuna harvested on the high seas by a vessel engaged 
in driftnet fishing; or 
(B) tuna harvested in the eastern tropical Pacific Ocean 
by a vessel using purse seine nets which do not meet the 
requirements for being considered dolphin safe under para-
graph (2). 
(2) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean by 
a fishing vessel using purse seine nets is dolphin safe i
f
— 
(A) the vessel is of a type and size that the Secretary has 
determined is not capable of deploying its purse seine nets 
on or to encircle dolphin; or 
(B)(i) the product is accompanied by a written statement 
executed by the captain of the vessel which harvested the 
tuna certifying that no tuna were caught on the trip in 
which such tuna were harvested using a purse seine net 
intentionally deployed on or to encircle dolphin; 
(ii) the product is accompanied by a written statement 
executed by— 
(I) the Secretary or the Secretary's designee, or 
(II) a representative of the Inter-American Tropical 
Tuna Commission, 
which states that there was an approved observer on board 
the vessel during the entire trip and that purse seine nets 
were not intentionally deployed during the trip on or to 
encircle dolphin; and 
(iii) the statements referred to in clauses (i) and (ii) are 
endorsed in writing by each exporter, importer, and proc-
essor of the product. 
Fraud. 
(e) ENFORCEMENT.—Any person who knowingly and willfully 
makes a statement or endorsement described in subsection (d)(2)(B) 
that is false is liable for a civil penalty of not to exceed $100,000 
PUBLIC LAW 101-627—NOV. 28, 1990 
104 STAT. 4467 
assessed in an action brought in any appropriate district court of the 
United States on behalf of the Secretary. 
(f) REGULATIONS.—The Secretary, in consultation with the Sec-
retary of the Treasury, shall issue regulations to implement this 
section not later than 6 months after the date of the enactment of 
this Act, including regulations establishing procedures and require-
ments for ensuring that tuna products are labeled in accordance 
with subsection (d). 
(g) 
TREATMENT OF FISH 
CAUGHT 
WITH 
DRIFTNETS.—Section 
101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(2)) is amended— 
(1) in subparagraph (C) by striking "and" after the semicolon 
at the end; 
(2) in subparagraph (D) by striking the period at the end and 
inserting "; and"; and 
(3) by adding at the end the following: 
"(E)(i) except as provided in clause (ii), in the case of fish 
or products containing fish harvested by a nation whose 
fishing vessels engage in high seas driftnet fishing, shall 
require that the government of the exporting nation pro-
vide documentary evidence that the fish or fish product was 
not harvested with a large-scale driftnet in the South Pa-
cific Ocean after July 1, 1991, or in any other water of the 
high seas after July 1, 1992, and 
"(ii) in the case of tuna or a product containing tuna 
harvested by a nation whose fishing vessels engage in high 
seas driftnet fishing, shall require that the government of 
the exporting nation provide documentary evidence that 
the tuna or tuna product was not harvested with a large-
scale driftnet anjrwhere on the high seas after July 1, 1991. 
For purposes of subparagraph (E), the term "driftnet" has the 
meaning given such term in section 4003 of the Driftnet Impact 
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 
note).", 
(h) NEGOTIATIONS.—The Secretary of State shall immediately 
seek, through negotiations and discussions with appropriate foreign 
governments, to reduce and, as soon as possible, eliminate the 
practice of harvesting tuna through the use of purse seine nets 
intentionally deployed to encircle dolphins. 
(i) EFFECTIVE DATE.—Subsections (d) and (e) shall take effect 6 
months after the date of the enactment of this Act. 
TITLE X—FISHERIES COMMISSION 
REDESIGNATION OF FISHERIES COMMISSION 
SEC. 1001. (a) IN GENERAL.—The Congress consents to and ap- 16 USC 1802 
proves of the amendments described in subsection Ot)) to the inter- "°*®-
state compact which constituted the Pacific Marine Fisheries 
Commission, approved by the Act of July 24, 1947 (61 Stat. 419; 
hereinafter in this section referred to as the "compact"). 
(b) AMENDMENT DESCRIBED.—The amendments referred to in 
subsection (a) are the amendments approved and ratified before the 
effective date of this section by the contracting States to the com-
pact, which— 
104 STAT. 4468 
PUBLIC LAW 101-627—NOV. 28, 1990 
(1) amend Article III of the compact to redesignate the Pacific 
Marine Fisheries Commission as the "Pacific States Marine 
Fisheries Commission"; and 
(2) make such other amendments to the compact as are 
necessary solely to conform the text of the compact to the 
amendment described in paragraph (1). 
16 use 1802. 
(c) REFERENCES.—Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the Pacific 
Marine Fisheries Commission constituted by the compact is deemed 
to be a reference to the "Pacific States Marine Fisheries 
Commission". 
TITLE XI—REPORT ON MARINE MAMMALS 
REPORT ON MARINE MAMMAL POPULATIONS 
1^ use 1373 
SEQ 1101. The Secretary of Commerce, in consultation with the 
^° ' 
Secretary of the Interior, shall provide to the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Merchant Marine and Fisheries of the House of Representa-
tives within 12 months after the date of enactment of this Act a 
report— 
(1) assessing population sizes and trends of harbor seals, sea 
otters, California sea lions, and northern sea lions off the coast 
of the State of Washington, which assessment shall include the 
historic, present, and projected population sizes and the overall 
health of current populations of such marine mammals; 
(2) assessing the effectiveness of sections 101(a)(3)(A) and 
109(h) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(3)(A) and 1379(h)) with particular emphasis on the 
management of the lower Columbia River and Puget Sound 
marine mammal populations, which assessment shall describe 
how the agencies are interpreting and implementing such sec-
tions, how often such sections have been invoked, and whether 
such sections have been effective in the management of marine 
mammal populations and in responding to the problems which 
such sections were intended to address; and 
(3) specifying long range management plans for the species of 
marine mammals listed in parsigraph (1). 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—H.R. 2061 (S. 1025): 
HOUSE REPORTS: No. 101-393 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 101-414 accompanying S. 1025 (Comm. on Commerce, 
Science, jmd Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Feb. 6, considered and passed House. 
Oct. 11, considered and passed Senate, amended, in lieu of S. 1025. 
Oct. 23, House concurred in Senate amendments with an amendment. 
Oct. 27, Senate concurred in House amendment with an amendment. House 
concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTDVL DOCUMENTS, Vol. 26 (1990): 
Nov. 28, Presidential statement.