[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2138
To amend the Magnuson Fishery Conservation and Management Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19 (legislative day, May 16), 1994
Mr. Kerry (for himself and Mr. Stevens) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Magnuson Fishery Conservation and Management Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
findings, purposes, and policy
Section 1. Section 2 of the Act (16 U.S.C. 1801) is amended--
(1) in paragraph (a)(2) by--
(A) inserting ``resource'' between ``fishery'' and
``conservation''; and
(B) deleting ``and'' before ``(B)'', and adding
after the second occurrence of ``threatened''
``, and (C) direct and indirect habitat losses have
resulted in diminished capacity to support existing
fishing levels'';
(2) in paragraph (a)(6) by inserting ``to provide long-term
protection for essential marine and estuarine fish habitats,''
between ``conservation,'' and ``and to realize'';
(3) by adding new paragraphs (a) (9) and (10) to read as
follows:
``(9) The greatest long-term threat to the viability of
commercial and recreational fisheries is the continuing loss of
marine and estuarine habitats on a national level. Habitat
considerations must receive increased attention in the
conservation and management of fishery resources of the United
States.
``(10) Fishery habitat protection can be achieved through
direct advocacy for fishery habitats by the Secretary in the
implementation of existing Federal procedures for interagency
consultation and the application of other Federal statutes
under the Secretary's purview.''; and
(4) by adding a new paragraph (b)(7) to read as follows:
``(7) to promote the advocacy of fishery habitat protection
in the review of projects conducted under Federal permits,
licenses, or other authorities that affect, or have the
potential to affect, fishery habitats.''.
definitions
Sec. 2. Section 3 of the Act (16 U.S.C. 1802) is amended--
(1) by renumbering subsections (6) through (31) as
subsections (7) through (32), respectively, and by adding a new
subsection (6) as follows:
``(6) The term `essential fish habitat' means any area
formally identified by a Council or by the Secretary for
species managed under section 304(g)(3) that is--
``(A) landward of the outer boundary of the
exclusive economic zone and essential to the life cycle
of marine, estuarine, anadromous, or catadromous
species; or
``(B) essential to the production of optimum yield
throughout the range of one or more fisheries under
management by a Council or by the Secretary under
section 304(g)(3); or
``(C) meeting other criteria or guidance as
provided by the Secretary to the Councils.''; and
(2) by further amending renumbered section 3(22) of the Act
by revising the text and adding a new paragraph (C) to read as
follows:
``(22) The term `optimum', with respect to the yield from a
fishery, means the amount of fish--
``(A) which will provide the greatest overall
benefit to the Nation, with particular reference to
food production and recreational opportunities;
``(B) which is prescribed on the basis of the
maximum sustainable yield from a fishery, as modified
by any relevant economic, social, or ecological factor;
and
``(C) which ensures the rebuilding of depleted
stocks to a level consistent with producing the maximum
sustainable yield.''.
foreign fishing
Sec. 3. (a) Section 201(a)(1) of the Act (16 U.S.C. 1821(a)(1)) is
revised to read as follows:
``(1) is authorized under subsection (b) or (c), or is
approved under section 204(b)(6)(A)(ii);''.
(b) Section 201 of the Act (16 U.S.C. 1821) is amended by deleting
section (g), (h), (i), and (j) as subsections 201(f), and by
redesignating subsections (f), (g), (h), and (i), respectively.
permits for foreign fishing
Sec. 4. (a) Section 204(b)(1) of the Act (16 U.S.C. 1824(b)(1)) is
amended to read as follows:
``(b) Applications and Permits.--
``(1) Eligibility.--(A) Except as provided in subparagraph
(B), each foreign nation with which the United States has
entered into a governing international fishery agreement shall
submit an application to the Secretary of State each year for a
permit for each of its fishing vessels that wishes to engage in
fishing described in subsection (a).
``(B) An owner of a vessel other than a vessel of the
United States, who wishes to engage in the transshipment at sea
of fish products in the exclusive economic zone or within the
boundary of any State, may submit an application to the
Secretary each year for a permit for a vessel belonging to that
owner, whether or not such vessel is subject to an
international fishery agreement described in section 201 (b) or
(c).
``(C) No permit issued under this section may be valid for
longer than a year; and section 558(c) of title 5, United
States Code, does not apply to the renewal of any such
permit.''.
(b) Section 204(b)(4) of the Act (16 U.S.C. 1824(b)(4)) is amended
by--
(1) inserting ``submitted under paragraph (1)(A)'' after
the words ``any application'';
(2) redesignating subparagraphs (A), (B), and (C) as
subparagraphs (i), (ii) and (iii);
(3) redesignating paragraph (4) as paragraph (4)(A); and
(4) inserting a new paragraph (4)(B) to read as follows:
``(B) Upon receipt of any application submitted
under paragraph (1)(B) which complies with the
requirements of paragraph (3), the Secretary shall
promptly transmit copies of the application or summary
as indicated under subparagraphs (A)(ii) and (iii).''.
(c) Section 204(b)(5) of the Act (16 U.S.C. 1824(b)(5)) is amended
by replacing the words ``under paragraph (4)(C)'' with the words
``submitted under paragraph (1)(A)''.
(d) Section 204(b)(6) of the Act (16 U.S.C. 1824(b)(6)) is amended
by--
(1) replacing the phrase ``transmitted under paragraph
(4)(A)'' with the phrase ``submitted under paragraph 1(A)'' in
paragraph (6)(A);
(2) redesignating paragraph (6)(A) as paragraph (6)(A)(i);
and
(3) adding a new subparagraph (A)(ii), as follows:
``(ii) In the case of any application submitted
under paragraph (1)(B), the Secretary may approve the
application upon determining that the activity
described in the application will be in the interest of
the United States and will meet the applicable
requirements of this Act, and that the owners or
operators have agreed to comply with requirements set
forth in section 201(c)(2) and have established any
bonds or financial assurances that may be required by
the Secretary; or the Secretary may disapprove all or
any portion of the application.''.
(e) Section 204(b)(8) of the Act (16 U.S.C. 1824(b)(8)) is amended
by inserting the words ``, or the agent for the foreign vessel owner
for any application submitted under paragraph (1)(B)'' at the end of
subparagraph (A).
(f) Section 204(b)(9) of the Act (16 U.S.C. 1824(b)(9)) is amended
by--
(1) inserting the words ``paragraph (1)(A) of'' after the
phrase ``by a foreign nation under'';
(2) redesignating paragraph (9) as paragraph (9)(A); and
(3) adding a new paragraph (9)(B) to read as follows:
``(B) If the Secretary does not approve any
application submitted by a foreign vessel owner under
paragraph (1)(B) of this subsection, the Secretary
shall promptly inform the vessel owner of the
disapproval and the reasons therefore. The owner, after
taking into consideration the reasons for disapproval,
may submit a revised application under this
subsection.''.
(g) Section 204(b)(11) of the Act (16 U.S.C. 1824(b)(11)) is
amended by--
(1) inserting the words ``submitting an application under
paragraph (1)(A)'' after the words ``If a foreign nation'';
(2) redesignating paragraph (11) as paragraph (11)(A); and
(3) adding a new paragraph (11)(B), to read as follows:
``(B) If the vessel owner submitting an application
under paragraph (1)(B) notifies the Secretary of
acceptance of the conditions and restrictions
established by the Secretary under paragraph (7), and
upon payment of the applicable fees established
pursuant to paragraph (10) and confirmation of any
bonds or financial assurances that may be required for
such fishing, the Secretary shall thereupon issue a
permit for the vessel.''.
large-scale driftnet fishing
Sec. 5. Section 206 of the Act (16 U.S.C. 1826) is amended by
deleting subsection 206(e), and by redesignating subsections (f), (g),
and (h) as subsections (e), (f), and (g), respectively.
national standards for fishery conservation and management
Sec. 6. (a) Section 301(a) of the Act (16 U.S.C. 1851) is amended
by revising subsection (1) to read as follows:
``(1) Conservation and management measures shall prevent
overfishing and rebuild depleted stocks. Such measures shall be
designed to achieve, on a continuing basis, the optimum yield
from each fishery.''.
(b) Section 301(a) of the Act (16 U.S.C. 1851) is amended by adding
a new subsection 8 to read as follows:
``(8) Conservation and management measures shall, to the
extent practicable, minimize the incidental catch of non-target
living marine resources that results in the unnecessary waste
of those resources.''.
regional fishery management councils
Sec. 7. (a) Section 302(a) of the Act (16 U.S.C. 1852(a)) is
amended by revising subsection (a)(6) to read as follows:
``(6) Pacific council.--The Pacific Fishery Management
Council shall consist of the States of California, Oregon,
Washington, and Idaho and shall have authority over the
fisheries in the Pacific Ocean seaward of such States. The
Pacific Council shall have 14 voting members, including 8
appointed by the Secretary in accordance with subsection (b)(2)
(at least one of whom shall be appointed from each such State),
and including one appointed from an Indian tribe with Federally
recognized fishing rights from California, Oregon, Washington,
or Idaho.''.
(b) Section 302(b) of the Act (16 U.S.C. 1852(b)) is amended--
(1) by revising paragraph (C) of subsection (b)(1) to read
as follows:
``(C) The members required to be appointed by the
Secretary in accordance with subsections (b) (2) and
(5)'';
(2) by renumbering subsection (5) as subsection (6), and
inserting a new subsection (5) to read as follows:
``(5)(A) The Secretary shall appoint to the Pacific Fishery
Management Council one representative, designated by the
Secretary of the Interior, of an Indian tribe with Federally
recognized fishing rights from California, Oregon, Washington,
or Idaho, from a list of not less than three individuals
submitted by the tribal governments. The representative shall
serve for a term of three years and may not be reappointed to
the consecutive term.
``(B) Representation shall be rotated among the tribes
taking into consideration--
``(i) the qualifications of the individuals on the
list referred to in subparagraph (A),
``(ii) the various treaty rights of the Indian
tribes involved and judicial cases that set forth how
those rights are to be exercised, and
``(iii) the geographic area in which the tribe of
the representative is located.
``(C) A vacancy occurring prior to the expiration of any
term shall be filled in the same manner set out in
subparagraphs (A) and (B), except that the Secretary may use
the list from which the vacating representative was chosen. A
representative appointed to fill such a vacancy may not be
reappointed to a consecutive term.''; and
(3) by replacing the words ``subsection (b)(2)'' in
renumbered subsection (6) with the words ``subsections (b) (2)
and (5)''.
(c) Section 302(h) of the Act (16 U.S.C. 1852(h)) is amended by
redesignating subparagraphs (2) through (6) as subparagraphs (3)
through (7), respectively, and by adding a new subparagraph (2) as
follows:
``(2) take immediate action to prepare an amendment to the
applicable fishery management plan or to submit proposed
regulations--
``(A) to prevent overfishing of a stock or stock
complex, as defined in the fishery management plan,
from occurring whenever such stock or stock complex, as
identified under section 304(h), is determined to be
approaching an overfished condition, or
``(B) to stop overfishing of the stock or stock
complex, and to restore the stock to a condition that
is consistent with producing the maximum sustainable
yield when such stock or stock complex is determined to
be overfished.
A Council shall submit a plan amendment or proposed regulations
to the Secretary within 1 year from the date of transmittal of
the report on the status of stocks, as required under section
304(h), to the Council for those stocks that are approaching a
condition of being overfished or are overfished.''
(d) Section 302(i) of the Act (16 U.S.C. 1853(i)) is amended--
(1) in subparagraph (1)(A) by deleting ``and'' before
``(B)'';
(2) in subparagraph (1)(B) by deleting the period and
replacing it with ``; and'';
(3) by adding a new subparagraph (1)(C) to read:
``(C) shall be responsible for identifying
essential fish habitats.''; and
(4) by adding a new paragraph (3) as follows:
``(3) By December 31, 1995, and annually thereafter, the
Councils shall submit for publication by the Secretary a
listing of all essential fish habitats identified pursuant to
subparagraph (1)(C) for all fishery management plans in effect
on that date.''.
(e) Section 302(k) of the Act (16 U.S.C. 1852(k)) is amended by
adding a new subparagraph (8) as follows:
``(8)(A) An affected individual who has a financial
interest that would be significantly affected by a Council
decision may not participate in the Council's deliberations
relating to that decision, unless such individual receives a
written authorization under subparagraph (B) or (C) below. An
affected individual who may not participate may comment or
testify on the decision as a member of the public.
``(B)(i) At the request of an affected individual, or at
the initiative of the appropriate regional director, the
regional director shall make a determination for the record
whether the individual has a financial interest that would be
significantly affected by a Council decision.
``(ii) If the regional director determines that an affected
individual's financial interest would be significantly affected
by a Council decision, the regional director may authorize the
individual's participation in the decision if the director
determines in writing that the need for the individual's
participation outweighs the potential for a conflict of
interest.
``(C) Any Council member may submit a written request to
the Assistant Administrator for Fisheries, National Oceanic and
Atmospheric Administration, to review any determination by the
regional director under subparagraph (B). Such review shall be
completed within 90 days of receipt of the request.
``(D) If the Council makes a decision before the Assistant
Administrator for Fisheries has reviewed a determination or
authorization under subparagraph (C), the eventual ruling may
not be treated as cause for the invalidation or reconsideration
of the decision.
``(E) The Secretary is authorized to issue guidelines with
respect to making the determinations under sections 8 (A) and
(B).''.
contents of fishery management plans
Sec. 8. Section 303 of the Act (16 U.S.C. 1853) is amended in its
entirety to read as follows:
``SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS AND REGULATIONS.
``(a) Fishery Management Plans.--Before undertaking management of
any fishery, the Council or the Secretary shall prepare a fishery
management plan, which shall--
``(1) contain a description of the fishery, including, but
not limited to, the number of vessels involved, the type and
quantity of fishing gear used, the species of fish involved and
their location, the cost likely to be incurred in management,
actual and potential revenues from the fishery, any
recreational interest in the fishery, and the nature and extent
of foreign fishing and Indian treaty fishing rights, if any;
``(2) assess the impact of the fishery on the physical
environment, with particular attention to protected species and
habitat, and to any stocks of naturally spawning anadromous
fish in the region;
``(3) identify the problems to be addressed and management
objectives to be achieved in regulating the fishery, and
outline the primary alternative approaches to resolving the
problems and achieving the objectives;
``(4) specify an objective and measurable definition of
overfishing for each stock or stock complex in the fishery;
``(5) assess and specify the present and probable future
condition of, and the maximum sustainable yield and optimum
yield from, the fishery, and include a summary of the
information utilized in making such specification;
``(6) establish a process for specifying--
``(A) the capacity and the extent to which fishing
vessels of the United States, on an annual basis, will
harvest the optimum yield,
``(B) the portion of such optimum yield which, on
an annual basis, will not be harvested by fishing
vessels of the United States and can be made available
for foreign fishing, and
``(C) the capacity and extent to which United
States fish processors, on an annual basis, will
process that portion of such optimum yield that will be
harvested by fishing vessels of the United States;
``(7) assess and specify the nature and extent of
scientific data that are needed for effective management of the
fishery; and
``(8) contain a description, based on guidelines developed
by the Secretary, of all essential fish habitats including--
``(A) the characteristics that make the habitats
essential to the conservation and management of the
particular fishery for which the plan was prepared;
``(B) the threats facing the continued viability of
each essential fish habitat for the long-term
maintenance of the specific fishery;
``(C) the adequacy of the existing regulatory
regime in providing long-term protection for these
habitats; and
``(D) recommendations for regulatory and
nonregulatory actions that should be considered to
ensure the long-term protection of these habitats.
``(b) Transition.--Councils are encouraged to prepare fishery
management plans under the new format to replace existing fishery
management plans. However, any fishery management plan that has not
been replaced by 1 year from enactment shall be deemed a plan for the
purposes of the amended Act; the plan's conservation and management
measures shall be deemed deleted from the document.
``(c) Regulations.--Regulations promulgated to conserve and manage
a fishery--
``(1) shall contain the conservation and management
measures, applicable to foreign fishing and fishing by vessels
of the United States, that are--
``(A) necessary and appropriate for the
conservation and management of the fishery to prevent
overfishing, and to protect, restore, and promote the
long-term health and stability of the fishery;
``(B) described in this subsection; and
``(C) consistent with the national standards, the
other provisions of this Act, regulations implementing
recommendations by international organizations in which
the United States participates (including but not
limited to closed areas, quotas, and size limits), and
any other applicable law;
``(2) shall specify the pertinent data that shall be
submitted to the Secretary with respect to the fishery,
including, but not limited to, information regarding the type
and quantity of fishing gear used, catch by species in numbers
of fish or weight thereof, areas in which fishing was engaged
in, time of fishing, number of hauls, and the estimated
processing capacity of, and the actual processing capacity
utilized by, United States fish processors;
``(3) may 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 affected fishery;
``(4) may require a permit to be obtained from 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 anadromous species or Continental Shelf
fishery resources beyond such zone;
``(B) the operator of any such vessel; and
``(C) any United States fish processor who first
receives fish that are subject to the regulations;
``(5) may designate zones where, and periods when, fishing
shall be limited, or shall not be permitted, or shall be
permitted only by specified types of fishing vessels or with
specified types and quantities of fishing gear;
``(6) may establish specified limitations on the catch of
fish (based on area, species, size, number, weight, sex,
incidental catch, total biomass, or other factors), which are
necessary and appropriate for the conservation and management
of the fishery;
``(7) may prohibit, limit, condition, or require the use of
specified types and quantities of fishing gear, fishing
vessels, or equipment for such vessels, including devices which
may be required to facilitate enforcement of the provisions of
this Act;
``(8) may incorporate consistent with the national
standards, the other provisions of this Act, and any other
applicable law) the relevant fishery conservation and
management measures of the coastal States nearest to the
fishery;
``(9)(A) may establish a system for limiting access to the
fishery in order to achieve optimum yield if, in developing
such system, the Council and the Secretary take into account--
``(i) present participation in the fishery,
``(ii) historical fishing practices in, and
dependence on, the fishery,
``(iii) the economics of the fishery,
``(iv) the capability of fishing vessels used in
the fishery to engage in other fisheries,
``(v) the cultural and social framework relevant to
the fishery, and
``(vi) any other relevant considerations;
``(B) However, regulations may not establish such a limited
access system, except for fisheries managed under section
304(g)(3), unless such system is first approved by a majority
of the voting members, present and voting, of each appropriate
Council;
``(10) may require fish processors who first receive fish
that are subject to the regulations to submit data which are
necessary for the conservation and management of the fishery;
``(11) may require that observers be carried on board a
vessel of the United States engaged in fishing for species that
are subject to the regulations, 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; and
``(12) may prescribe such other measures, requirements, or
conditions and restrictions as are determined to be necessary
and appropriate for the conservation and management of the
fishery.
``(d) Confidentiality of Statistics.--Any statistic submitted to
the Secretary by any person in compliance with any requirement under
regulations promulgated under section 305 shall be confidential and
shall not be disclosed, for a period of three years following the year
of submission to the Secretary, except--
``(1) to Federal employees and Council employees who are
responsible for management plan development and monitoring;
``(2) to State employees pursuant to an agreement with the
Secretary that prevents public disclosure of the identity or
business of any person; or
``(3) when required by court order.
The Secretary shall, by regulation, prescribe such procedures as may be
necessary to preserve such confidentiality, except that the Secretary
may release or make public any such statistics in any aggregate or
summary form which does not directly or indirectly disclose the
identity or business of any person who submits such statistics. 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 regulations promulgated under
section 305.
``(e) Restriction on Use of Certain Data.--The Secretary shall
promulgate regulations to restrict the use, in civil enforcement or
criminal proceedings under this Act, the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), 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.''.
pre-rulemaking procedures
Sec. 9. Section 304 of the Act ``action by the secretary'' (16
U.S.C. 1854) is amended in its entirety to read as follows:
``SEC. 304. PRE-RULEMAKING PROCEDURES.
``(a) Data Collection Programs.--
``(1) If a Council determines that additional information
and data (other than information and data that would disclose
proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations)
would be beneficial for the purposes of determining whether a
fishery is in need of management, the Council may request that
the Secretary implement a data collection program for the
fishery which would provide the types of information and data
(other than information and data that would disclose
proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations)
specified by the Council. The Secretary shall approve such a
data collection program if he determines that the need is
justified, and shall promulgate regulations to implement the
program within 60 days after such determination is made. If the
Secretary determines that the need for a data collection
program is not justified, the Secretary shall inform the
Council of the reasons for such determination in writing. The
determinations of the Secretary under this subsection regarding
a Council request shall be made within a reasonable period of
time after he receives that request.
``(2) The Secretary shall establish by regulation a nation-
wide mandatory data collection program to provide basic
fisheries performance data. The program shall--
``(A) integrate data collection programs under
existing fishery management plans into a non-
duplicative data collection and management system;
``(B) include all species of fish within the
geographical areas of authority of the Councils; and
``(C) coordinate with other data collection
programs conducted by the Secretary, other Federal
agencies, or by the States, to ensure completeness and
to avoid duplication.
``(b) Fisheries Research.--
``(1) The Secretary shall initiate and maintain, in
cooperation with the Councils, a comprehensive program of
fishery research to carry out and further the purposes policy,
and provisions of this Act. Such program shall be designed to
acquire knowledge and information, including statistics, on
fishery conservation and management and on the economics of the
fisheries.
``(2) Within 1 year after the date of enactment of the
Fishery Conservation Amendments of 1990, and at least every
three years thereafter, the Secretary shall develop publish in
the Federal Register a strategic plan for fisheries research
for the 5 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.
``(3) The areas of research referred to in paragraph (a)
are as follows:
``(A) Research to support fishery conservation and
management, including research on the economics of
fisheries and biological research concerning the
interdependence of fisheries or stocks or fish, 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 development 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.
``(4) 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 actively involved in the development of the
portion of the plan pertaining to conservation engineering
research. Upon final publication in the Federal Register, the
plan shall be submitted by the Secretary to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives.
``(c) Incidental Harvest Research.--
``(1) Within 9 months after 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 Management 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 scientific information) are considered to be
overfished, the Secretary shall conduct--
``(A) a program to collect and evaluate data on the
nature and extent (including the spatial and temporal
distribution) of incidental 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 estimation of life history parameters
with sufficient accuracy and precision to support sound
scientific evaluation of the effects of various
management alternatives on the status of such stocks;
and
``(C) a program 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, technological 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 reduction in
incidental mortality, as well as any reduction or increase in
the retention of shrimp in the course of normal fishing
activity.
``(5) The Secretary shall, upon completion of the programs
required 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 Representative.
``(d) Action by the Secretary After Receipt of Plan.--After the
Secretary receives a fishery management plan, or amendment to such
plan, which was prepared by a Council, the Secretary shall--
``(1) immediately commence a review of the management plan
or amendment to determine whether it is consistent with the
national standards, the other provisions of this Act, and any
other applicable law; and
``(2) immediately publish in the Federal Register a notice
stating that the plan or amendment is available and that
written data, views, or comments of interested persons on the
document or amendment may be submitted to the Secretary during
the 45-day period beginning on the date the notice is
published.
``(e) Review by the Secretary.--
``(1) In undertaking the review required under paragraph
(d)(1), the Secretary shall--
``(A) take into account the data, views, and
comments received from interested persons;
``(B) consult with the Secretary of State with
respect to foreign fishing;
``(C) consult with the Secretary of the department
in which the Coast Guard is operating with respect to
enforcement at sea and to fishery access adjustments
referred to in section 303(c)(3); and
``(D) consult with the Secretary of the Interior
with respect to plans that affect anadromous fisheries.
``(2) The Secretary shall approve, disapprove, or partially
disapprove a plan or amendment within 30 days of the end of the
comment period under subsection (d)(2) by written notice to the
Council. A notice of disapproval or partial disapproval shall
specify--
``(A) the applicable law with which the plan or
amendment is inconsistent;
``(B) the nature of such inconsistency(ies); and
``(C) recommendations concerning the actions that
could be taken by the Council to conform such plan or
amendment to the requirements of applicable law.
``(3)(A) If the Secretary disapproves or partially
disapproves a plan or amendment, the Council may submit a
revised plan or amendment to the Secretary.
``(B) After the Secretary receives a revised plan or
amendment the Secretary shall follow the procedures specified
in subsections (d) and (e).
``(f) Preparation by the Secretary.--
``(1) The Secretary may prepare a fishery management plan,
with respect to any fishery, or any amendment to any such plan,
in accordance with the national standards, the other provisions
of this Act, and any other applicable law, if--
``(A) the appropriate Council fails to develop and
submit to the Secretary, after a reasonable period of
time, a fishery management plan for such fishery, or
any necessary amendment to such plan, if such fishery
requires conservation and management; or
``(B) the Secretary disapproves or partially
disapproves any such plan or amendment, or disapproves
a revised plan or amendment, and the Council involved
fails to submit a revised or further revised plan or
amendment, as the case may be.
In preparing any such plan or amendment, the Secretary shall
consult with the Secretary of State with respect to foreign
fishing and with the Secretary of the department in which the
Coast Guard is operating with respect to enforcement at sea.
``(2) The Secretary shall prepare a fishery management plan
amendment or proposed regulations if the appropriate Council
fails to submit an amendment or proposed regulations to the
Secretary, under section 302(h)(2), within 1 year after
determining that any managed stock is overfished.
``(3)(A) Whenever, under paragraph (1), the Secretary
prepares a fishery management plan or amendment, the Secretary
shall immediately--
``(i) submit such plan or amendment to the
appropriate Council for consideration and comment; and
``(ii) publish in the Federal Register a notice
stating that the plan or amendment is available and
that written data, views, or comments of interested
persons on the plan or amendment may be submitted to
the Secretary during the 45-day period beginning on the
date the notice is published.
``(B) The appropriate Council must submit its comments and
recommendations, if any, regarding the plan or amendment to the
Secretary before the close of the 45-day period referred to in
subparagraph (A)(ii). After the close of such 45-day period,
the Secretary, after taking into account any such comments and
recommendations, as well as any views, data, or comments
submitted under subparagraph (A)(ii), may adopt such plan or
amendment.
``(g) Fisheries Under Authority of More Than One Council.--
``(1) Except as provided in paragraph (3), if any fishery
extends beyond the geographical area of authority of any one
Council, the Secretary may--
``(A) designate which Council shall prepare the
fishery management plan for such fishery and any
amendment to such plan, and prepare proposed
regulations for such fishery; and
``(B) may require that the plan, amendment, and
proposed regulations be prepared jointly by the
Councils concerned.
No jointly prepared fishery management plan, amendment, or
proposed regulations may be submitted to the Secretary, unless
approved by a majority of the voting members, present and
voting, of each Council concerned.
``(2) The Secretary shall establish the boundaries between
the geographical areas of authority of adjacent Councils.
``(3)(A) The Secretary shall have authority over any highly
migratory species fishery that is within the geographical area
of authority of more than one of the following Councils: New
England Council, Mid-Atlantic Council, South Atlantic Council,
Gulf Council, and Caribbean Council.
``(B) 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 analysis for the conservation and
management of highly migratory species;
``(ii) prepare and amend fishery management plan
with respect to highly migratory species fisheries to
which this paragraph applies; and
``(iii) diligently pursue, through international
entities (such as the International Commission for the
Conservation of Atlantic Tunas), international fishery
management measures with respect to fishing for highly
migratory species.
``(C) In preparing or amending any fishery management plan
and in promulgating any regulations for fisheries covered by
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 and regulations;
``(ii) consult with and consider the comments and
views of commissioners and advisory groups appointed
under Acts implementing relevant international fishery
agreements pertaining 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 affected fisheries and minimize, to the extent
practicable, any disadvantage 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 species has been made under a relevant
international fishery agreement), and revise as
appropriate, the conservation and management measures
for the fishery.
``(D) Conservation and management measures adopted under
this paragraph shall--
``(i) take into consideration traditional fishing
patterns of fishing vessels of the United States and
the operating requirements of the fisheries;
``(ii) be fair and equitable in allocating fishing
privileges among United States fishermen and not have
economic allocation as the sole purpose; and
``(iii) promote international conservation.
``(E) In implementing the provisions of this paragraph, the
Secretary 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.
``(h) Report on Status of Stocks.--The Secretary shall report
annually to the Councils the status of stocks under their jurisdiction
and identify those stocks that are approaching a condition of being
overfished or are overfished.''.
rulemaking
Sec. 10. Section 305 of the Act ``implementation of fishery
management plans'' (16 U.S.C. 1854) is amended in its entirety to read
as follows:
``SEC. 305. RULEMAKING.
``(a) Proposed Regulations.--
``(1) The Council may submit proposed regulations
consistent with an approved plan or amendment, following public
hearings as specified in section 302(h), for action by the
Secretary under this section.
``(A) Such regulations shall be accompanied by a
fishery impact statement which shall assess, specify,
and describe the likely effects, if any, of the
regulations on--
``(i) participants in the fisheries
affected by the regulations; and
``(ii) participants in the fisheries
conducted in adjacent areas under the authority
of another Council, after consultation with
such Council and representatives of those
participants.
``(B) After the Secretary receives proposed
regulations prepared by a Council, the Secretary shall
immediately make a preliminary evaluation of the
proposed regulations for purposes of deciding if they
are consistent with the fishery management plan and the
national standards.
``(C) If that decision is affirmative, the
Secretary shall immediately publish such regulations,
with such changes as may be necessary for clarity or
enforceability, in the Federal Register, together with
an explanation of those changes.
``(D) If that decision is negative, the Secretary
shall notify the Council in writing of the
inconsistencies.
``(2) The Secretary may promulgate proposed regulations
consistent with any plan or amendment prepared by the
Secretary.
``(3) The comment period on proposed regulations shall be
45 days, except that the Secretary may shorten the comment
period on minor revisions to existing rules.
``(b) Implementation.--The Secretary shall promulgate final
regulations within 45 days after the end of the comment period under
subsection (a)(3). The Secretary must publish an explanation of any
substantive differences between the proposed and final rules. All final
regulations must be consistent with the plan, with the national
standards and other provisions of this Act, and with other applicable
law.
``(c) Emergency Actions.--
``(1) If the Secretary finds that an emergency exists
involving any fishery, he may promulgate emergency regulations
necessary to address the emergency, without regard to whether a
fishery management plan exists for such fishery.
``(2) If a Council finds that an emergency exists involving
any fishery within its jurisdiction, whether or not a fishery
management plan exists for such fishery--
``(A) the Secretary shall promulgate emergency
regulations under paragraph (1) to address the
emergency if the Council, by unanimous vote of the
members who are voting members, requests the taking of
such actions; and
``(B) The Secretary may promulgate emergency
regulations under paragraph (1) to address the
emergency if the Council, by less than a unanimous
vote, requests the taking of such action.
``(3) Any emergency regulation which is inconsistent with
an existing fishery management plan shall be treated as an
amendment to such document for the period in which such
regulation is in effect. Any emergency regulation promulgated
under this subsection--
``(A) shall be published in the Federal Register
together with the reasons therefor;
``(B) shall remain in effect for not more than 90
days after the date of publication, except that any
such regulation may be promulgated for an additional
period of not more than 270 days: Provided, That the
public has had an opportunity to comment on the
emergency regulation, and, in the case of a Council
recommendation for emergency regulations, the Council
is actively preparing a fishery management plan,
amendment, or proposed regulations to address the
emergency on a permanent basis;
``(C) that responds to a public health emergency
may remain in effect until the circumstances that
created the emergency no longer exist, provided the
public has an opportunity to comment after the
regulation is published; and
``(D) may be terminated by the Secretary at an
earlier date by publication in the Federal Register of
a notice of termination, except for emergency
regulations promulgated under paragraph (2) in which
case such early termination may be made only upon the
agreement of the Secretary and the Council concerned.
``(d) Establishment of Fees.--
``(1) The Secretary may establish fees for any permit
issued pursuant to this Act. The level of any such fees shall
be fair and equitable to all participants in the fisheries, and
meet the requirements of section 9701(b) of title 31, United
States Code. The Secretary may enter into a cooperative
agreement with the States concerned, under which the States
administer the permit system; the agreement may provide that
all or part of the fees collected under this system shall
accrue to the States.
``(2) The Secretary may establish fees by regulation to pay
the costs of implementing conservation and management measures
authorized by this Act, when it is determined by the Secretary
that participants in the fishery will receive direct and
substantial benefits from such measures. The level of any such
fees shall be fair and equitable to all participants in the
fisheries, and meet the requirements of section 9701(b) of
title 31, United States Code.
``(3) The Secretary shall establish fees on the value of
fish authorized to be taken under individual harvest shares
assigned to persons or vessels pursuant to a limited access
system. Fees assessed under this paragraph shall not exceed 3
percent annually of the value of fish authorized to be taken
under individual harvest shares. The Secretary shall, by
regulation, prescribe the method of determining the value of
fish authorized to be taken by such shares, the amount of each
respective fee on an annual basis, and the method of collecting
such fees.
``(4) The Secretary shall establish fees on the ex-vessel
value of all fish upon the first sale within the jurisdiction
of the United States. Fees under this paragraph shall not
exceed one percent of the value of such fish. The Secretary
shall, by regulation, prescribe the method of determining the
value of such fish and the method of collecting such fees.
``(e) Fees Contingent on Appropriations.--The fees authorized in
subsection (d) shall be collected, credited to the Operations,
Research, and Facilities appropriation, and available until expended
for the purposes specified in subsection (f), only to the extent and in
the amounts provided in advance in appropriations Acts.
``(f) Use of Fees.--Fees authorized in subsection (d) may be
expended for the following purposes--
``(1) collecting, processing, and analyzing economic,
social, biological, and statistical information concerning
marine recreational and commercial fishing and supporting
activities;
``(2) placing observers on domestic fishing vessels;
``(3) conducting scientific research and publishing
information concerning abundance, distribution, and ecology of
marine fish;
``(4) conserving and managing stocks of marine fish,
including, but not limited to, developing, monitoring, and
implementing fishery management plans and regulations;
``(5) improving enforcement of marine conservation
programs;
``(6) educating resource users and the general public on
aspects of marine conservation programs;
``(7) carrying out the other provisions of this Act; and
``(8) reducing harvesting capacity, including the removal
from a fishery of fishing vessels and permits issued by the
United States Government for fishing privileges if the
Secretary finds that--
``(A) the fishery, for which a fishery management
plan is prepared, is determined to be overfished as
defined within that plan;
``(B) the fishery is materially affected by a
fishery management plan's stock recovery requirements;
``(C) the fishery is economically depressed; and
``(D) the fishery is managed pursuant to a limited
access program under section 303(c)(9) of the Act.
``(g) Responsibility of the Secretary.--The Secretary shall have
general responsibility to carry out the provisions of this Act. The
Secretary may promulgate such regulations, in accordance with section
553 of title 5, United States Code, as may be necessary to discharge
such responsibility.
``(h) Effect of Certain Laws on Certain Time Requirements.--The
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order
Numbered 12866, dated September 30, 1993, shall be complied with within
the time limitations specified in subsection (b) as they apply to the
functions of the Secretary under such provisions.
``(i) Judicial Review.--
``(1) Regulations promulgated by the Secretary under this
Act and actions described in paragraph (2) shall be subject to
judicial review to the extent authorized by, and in accordance
with, chapter 7 of title 5, United States Code, if a complaint
for such review is filed within 30 days after the date on which
the regulations are promulgated or the action is published in
the Federal 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 fishery management plan, including but not limited
to actions that establish the date of closure of a fishery to
commercial or recreational fishing.
``(3)(A) Notwithstanding any other provision of law, the
Secretary shall file a response to any complaint filed in
accordance with paragraph (1), not later than 45 days after the
date the Secretary is served with that complaint, 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 complaint
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. 11. Section 306(c)(1) of the Act (16 U.S.C. 1856(c)(1)) is
amended by--
(1) deleting the word ``and'' from subparagraph 1(A);
(2) deleting the period from the end of subparagraph (B)
and replacing it with ``; and''; and
(3) by inserting immediately after subparagraph (B) of the
following new subparagraph:
``(C) the owner or operator of the vessel submits
reports on the tonnage of fish received from U.S.
vessels and the locations from which such fish were
harvested, in accordance with such procedures as the
Secretary by regulation shall prescribe.''.
prohibited acts
Sec. 12. (a) Section 307(1)(L) of the Act (16 U.S.C. 1857(1)(L)) is
amended to read as follows:
``(L) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any observer on a vessel
under this Act, or any data collector employed by or
under contract to the National Marine Fisheries
Service;''.
(b) Section 307(1)(M) of the Act (16 U.S.C. 1857(1)(M)) is amended
by deleting ``; or'' after the word ``nation'' and inserting the
following: ``: Provided, That--
``(i) a vessel used to engage in large-scale driftnet
fishing is deemed to be subject to the jurisdiction of the
United States if it is used to engage in such fishing shoreward
of the outer boundary of the exclusive economic zone of the
United States, it is a vessel of the United States, it is a
stateless vessel, or it is a foreign-flag vessel and the flag-
state authorizes the United States to exercise jurisdiction
over it, and
``(ii) it shall be a rebuttable presumption that any vessel
that is shoreward of the outer boundary of the exclusive
economic zone of the United States or beyond the exclusive
economic zone of any nation, and that has onboard gear that is
capable of use for large-scale driftnet fishing, is engaged in
such fishing; or''.
(c) Section 307(2)(A) of the Act (16 U.S.C. 1857(2)(A)) is amended
to read as follows:
``(A) in fishing within the boundaries of any
State, except--
``(i) recreational fishing permitted under
section 201(i),
``(ii) fish processing permitted under
section 306(c), or
``(iii) transhipment at sea of fish
products within the boundaries of any State in
accordance with a permit approved under section
204(b)(6)(A)(ii);''.
(d) Section 307(3) of the Act (16 U.S.C. 1857(3)) is amended to
read:
``(3) for any vessel of the United States, and for the
owner or operator of any vessel of the United States, to
transfer at sea directly or indirectly, or attempt to so
transfer at sea, any United States harvested fish to any
foreign fishing vessel, while such foreign vessel is within the
exclusive economic zone or within the boundaries of any State
except to the extent that the foreign fishing vessel has been
permitted under section 204(b)(6)(B) or section 306(c) to
receive such fish;''.
(e) Section 307(4) of the Act (16 U.S.C. Sec. 1857(4)) is amended
by adding after the word ``zone'' the following phrase, ``or within the
boundaries of any State''.
civil penalties and permit sanctions
Sec. 13. (a) Section 308(b) of the Act (16 U.S.C. 1858(b)) is
amended by deleting the first sentence and substituting the following:
``Any person against whom a civil penalty is assessed under subsection
(a), or against whom a permit sanction is imposed under subsection (g)
(other than a permit suspension for nonpayment of penalty or fine), may
obtain review thereof in the United States district court for the
appropriate district by filing a complaint against the Secretary in
such court within 30 days from the date of such order.''.
(b) Section 308(g)(1)(C) of the Act (16 U.S.C. 1858(g)(1)(C)) is
amended to read as follows:
``(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other property, or
any civil penalty or criminal fine imposed on a vessel
or owner or operator of a vessel or any other person
who has been issued or has applied for a permit under
any fishery resource law statute enforced by the
Secretary, has not been paid and is overdue, the
Secretary may--''.
enforcement
Sec. 14. (a) Section 311(e)(1) of the Act (16 U.S.C. 1861(e)(1)) is
amended by--
(1) substituting the word ``marine'' for the word
``fishery'' in the chapeau, and in subparagraphs (A) and (B);
and
(2) by amending subparagraph (E) to read as follows:
``(E) claims of parties in interest to property
disposed of under section 612(b) of the Tariff Act of
1930 (19 U.S.C. 1612(b)), as made applicable by section
310(c) of this Act or by any other marine resource law
enforced by the Secretary, to seizures made by the
Secretary, in amounts determined by the Secretary to be
applicable to such claims at the time of seizure;
and''.
(b) Section 311(e)(2) of the Act (16 U.S.C. 1861(e)(2)) is amended
to read as follows:
``(2) Any person found in an administrative or judicial
proceeding to have committed any violation of this Act or any
other marine resource law enforced by the Secretary shall be
liable for the cost incurred in the sale, storage, care, and
maintenance of any fish or other property seized in connection
with the violation.''.
observers wages as maritime liens
Sec. 15. The Act is amended by adding the following new section:
``Sec. 312. Observers' Wages As Seamen's Liens.--Claims for
observers' wages shall be considered maritime liens against the vessel
and be accorded the same priority as seamen's liens under admiralty and
general maritime law.''.
conforming amendments
Sec. 16. (a) Section 2(b)(4) of the Act is amended by replacing the
words ``fishery management plan'' with the words ``conservation and
management measures''.
(b) Section 2(b)(5) of the Act is amended by replacing, each time
it appears, the word ``plans'' with the word ``measures''.
(c) Section 3(31) of the Act is amended by replacing the words
``for which a fishery management plan prepared under title III or a
preliminary fishery management plan prepared under section 201(h) has
been implemented'' with the words ``regulated under this Act''.
(d) Section 201(c) of the Act is amended by deleting the phrase ``,
including any regulations promulgated to implement any applicable
fishery management plan or any preliminary fishery management plan''.
(e) Section 201 of the Act (16 U.S.C. 1821) is amended by replacing
``(g)'' in subsection (a)(2) with ``(f)'' and by replacing ``(i)'' in
subsection (c)(2)(D) with ``(h)''.
(f) Section 201(g) of the Act is amended by replacing the words
``no fishery management plan for that fishery will be prepared and
implemented'' with the words ``no regulations for that fishery will be
promulgated''; by replacing the phrase ``303(a)(5)'' with the phrase
``303(c)(2)''; by replacing the phrase ``303(b)(2), (3), (4), (5), and
(7)'' with the phrase ``303(c)(5), (6), (7), (8), and (10)''; by
replacing the words ``a fishery management plan is prepared and
implemented'' with the words ``regulations are promulgated''; and, in
the final sentence, by deleting the words ``implementing the applicable
fishery management plan''.
(g) Section 201(h) of the Act is amended by replacing the words
``management plans'' with the word ``regulations''.
(h) Section 201(i) of the Act is amended by replacing the words
``fishery management plan implemented'' with the words ``regulations
promulgated''.
(i) Section 204(b)(7)(A) of the Act is amended to read as follows:
``(A) All of the requirements of regulations
promulgated under section 201(g) or under title III.''.
(j) Section 302(h)(3) of the Act (16 U.S.C. 1852(h)) is amended by
replacing ``204(b)(4)(C)'' with ``204(b)(4)(A)(iii)''.
(k) Section 302(h)(4) of the Act is amended by replacing the words
``fishery management plans and amendments to such plans'' with the word
``regulations''.
(l) Section 302(h)(6) of the Act is amended by replacing the phrase
``303(a) (3) and (4)'' with the phrase ``303(a) (5) and (6)'', and by
replacing the phrase ``304(f)(3)'' with the phrase ``304(g)(3)''.
(m) Section 306(b)(1) of the Act is amended by replacing in
subsection (A), the words ``covered by a fishery management plan
implemented'' with the words ``regulations promulgated''; by replacing,
in subsection (B), the words ``fishery management plan'' with the word
``regulations''; and by replacing the words ``such fishery management
plan and the regulations promulgated to implement such plan'' with the
words ``regulations promulgated for such fishery''.
(n) Section 307(1)(J)(i) of the Act is amended by deleting the
words ``American Lobster Fishery Management Plan, as implemented by''
and the words ``, or any successor to that plan, implemented under this
title''.
(o) Section 307(2)(B) of the Act (16 U.S.C. Sec. 1857(2)(B)) is
amended by replacing ``201(j)'' with ``201(i)''.
(p) Section 311(f) of the Act is amended by replacing the words
``Fishery Management Plan'' in the subhead with the word
``Regulations''; by replacing the words ``Fishery Management Plan'' in
subsection (1) with the word ``regulations''; by replacing the words
``fishery management plan approved'' in subsection (2) with the words
``regulations promulgated''; by replacing the words ``under the
Northeast Multispecies Fishery Management Plan'' in subsection (3) with
the words ``for the Northeast Multispecies fishery''; and by replacing,
in subsection (4), the words ``Fishery Management Plan'' with the word
``regulations'' and the words ``that Plan'' with the words ``those
regulations''.
(q) Section 314(c) of the Act is amended by revising the subhead to
read ``management of underutilized species''; by adding the Phrase
``and regulations'' after ``fishery management plans''; and by
replacing the words ``covered under such a plan'' with the words
``regulated under this Act''.
authorization of appropriations
Sec. 17. Section 406 of the Act (16 U.S.C. 1882) is amended by
adding at the end the following new paragraph:
``(20) $103,218,000 for the fiscal year ending September
30, 1994, $142,502,000 for the fiscal year ending September 30,
1995, and such sums as may be necessary for fiscal year
1996.''.
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