0272 IERS Rev_rev111307

PAPERWORK REDUCTION ACT SUBMISSION
Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's
Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the supporting statement, and any
additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102,
725 17th Street NW, Washington, DC 20503.
1. Agency/Subagency originating request

2. OMB control number

DOC/NOAA/NMFS/AKR

a.

3. Type of information collection (check one)

0648

-

b. [ ] None

0272

4. Type of review requested (check one)
a. [✔] Regular submission
b. [ ] Emergency - Approval requested by
c. [ ] Delegated

a. [ ] New Collection
b. [✔] Revision of a currently approved collection
c. [ ] Extension of a currently approved collection
d. [ ] Reinstatement, without change, of a previously approved
collection for which approval has expired
e. [ ] Reinstatement, with change, of a previously approved
collection for which approval has expired
f. [ ] Existing collection in use without an OMB control number

/

/

5. Small entities
Will this information collection have a significant economic impact on
a substantial number of small entities? [ ] Yes
[✔] No

6. Requested expiration date
a. [ ] Three years from approval date b. [✔] Other Specify:

/

For b-f, note Item A2 of Supporting Statement instructions
7. Title

Individual Fishing Quotas for Pacific Halibut and Sablefish in the Alaska Fisheries

8. Agency form number(s) (if applicable)
9. Keywords

"Fisheries," "Fishing" and "Fishing Vessels"

10. Abstract

The Individual Fishing Quotas (IFQ) Program formerly used an Internet system for data entry dedicated to the IFQ Program. This action
revises the collection by changing the required Internet data entry system to eLandings (see OMB Control No.: 0648-0515), which is the
data entry component of the International Electronic Reporting System, which also accepts data entry for groundfish and crab.

11. Affected public (Mark primary with "P" and all others that apply with "x")
a.
b.
c.

P

Individuals or households d.
Business or other for-profit e.
Not-for-profit institutions f.

Farms
Federal Government
State, Local or Tribal Government

13. Annual recordkeeping and reporting burden
a. Number of respondents
b. Total annual responses
1. Percentage of these responses
collected electronically
c. Total annual hours requested
d. Current OMB inventory
e. Difference
f. Explanation of difference
1. Program change
2. Adjustment

2,877
21,833
60 %
10,588
15,750
(4,828)
(4,828)

15. Purpose of information collection (Mark primary with "P" and all
others that apply with "X")
a.
Application for benefits
e. P Program planning or management
f.
Research
b. x Program evaluation
c.
d.

General purpose statistics g.
Audit

Regulatory or compliance

17. Statistical methods
Does this information collection employ statistical methods
[ ] Yes
[✔] No

12. Obligation to respond (check one)
a. [ ] Voluntary
b. [✔ ] Required to obtain or retain benefits
c. [ ] Mandatory
14. Annual reporting and recordkeeping cost burden (in thousands of
dollars)
0
a. Total annualized capital/startup costs
b. Total annual costs (O&M)
c. Total annualized cost requested
d. Current OMB inventory
e. Difference
f. Explanation of difference
1. Program change
2. Adjustment

(20)

16. Frequency of recordkeeping or reporting (check all that apply)
a. [✔] Recordkeeping
b. [ ] Third party disclosure
c. [ ] Reporting
1. [ ] On occasion 2. [ ] Weekly
3. [ ] Monthly
4. [ ] Quarterly
5. [ ] Semi-annually
6. [ ] Annually
7. [ ] Biennially
8. [✔] Other (describe) Daily
18. Agency Contact (person who can best answer questions regarding
the content of this submission)
Name:
Phone:

OMB 83-I

24
24
44
(20)

Patsy A. Bearden
(907) 586-7008
10/95

19. Certification for Paperwork Reduction Act Submissions
On behalf of this Federal Agency, I certify that the collection of information encompassed by this request complies with
5 CFR 1320.9
NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the
instructions. The certification is to be made with reference to those regulatory provisions as set forth in
the instructions.
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It used plain, coherent, and unambiguous terminology that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention period for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in Item 19 of instructions);
(i) It uses effective and efficient statistical survey methodology; and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of the provisions, identify the item below and explain the reason in
Item 18 of the Supporting Statement.

Signature of Senior Official or designee

OMB 83-I

Date

10/95

Agency Certification (signature of Assistant Administrator, Deputy Assistant Administrator, Line Office Chief Information Officer,
head of MB staff for L.O.s, or of the Director of a Program or StaffOffice)
Signature

Date

signed by James P. Burgess

01/15/2007

Signature of NOAA Clearance Officer
Signature

Date

signed by Sarah Brabson

02/20/2007

10/95

SUPPORTING STATEMENT
INDIVIDUAL FISHING QUOTAS FOR PACIFIC HALIBUT AND SABLEFISH
IN THE ALASKA FISHERIES
OMB CONTROL NO.: 0648-0272

INTRODUCTION
The U.S. groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian
Islands management area (BSAI) in the exclusive economic zone (EEZ) off the coast of Alaska
are managed by National Marine Fisheries Service (NMFS) under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16
U.S.C. 1801 et seq. and the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773, et seq. The
Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands and
the Fishery Management Plan for Groundfish of the Gulf of Alaska were prepared by the North
Pacific Fishery Management Council and are implemented by regulations at 50 CFR part 679.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
This action changes the requirement for participants to use the current Internet address to report
landings to NMFS of Individual Fishing Quotas (IFQ) halibut, IFQ sablefish, and Western
Alaska Community Development Quota (CDQ) halibut. NMFS instead requires the use of the
Internet address to eLandings: http://www.elandings.alaska.gov/ (see Office of Management and
Budget (OMB) Control No.: 0648-0515), the data entry component of the International
Electronic Reporting System which supersedes the current Internet system and allows processors
and others to make landings reports with a single reporting system to NMFS, the International
Pacific Halibut Commission (IPHC), and Alaska Department of Fish and Game (ADF&G).
Using eLandings removes reporting duplications, and once implementation is complete,
eLandings will make recordkeeping and reporting simpler.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
Electronic landing report and manual landing report [REMOVED]
It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraphs, the
information gathered has utility. National Oceanic and Atmospheric Administration (NOAA),
NMFS will retain control over the information and safeguard it from improper access,
modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and
electronic information. See response #10 of this Supporting Statement for more information on
confidentiality and privacy. The information collection is designed to yield data that meet all
applicable information quality guidelines. Prior to dissemination, the information will be

1

subjected to quality control measures and a pre-dissemination review pursuant to Section 515 of
Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
The permit applications are “fillable” on the computer screen at the NMFS Alaska Region Home
Page at http://www.fakr.noaa.gov/ram/default.htm. After completion on the screen, the
participant may print and fax the application to NMFS.
4. Describe efforts to identify duplication.
By removing the electronic landings report from this collection, none of the information
collected as part of this information collection duplicates other collections. This information
collection is part of a specialized and technical program that is not like any other.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection of information does not impose a significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Without the removal of the landings report, the program would be severely jeopardized by
duplication and confusion. Because this action is intended to benefit the fishing industry and
three fishery management agencies, the real consequence of not removing these items would be
negative for the fishing industry.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No inconsistencies occur in this collection.
8. Provide a copy of the PRA Federal Register notice that solicited public comments on the
information collection prior to this submission. Summarize the public comments received
in response to that notice and describe the actions taken by the agency in response to those
comments. Describe the efforts to consult with persons outside the agency to obtain their
views on the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
The NMFS Alaska Region published a proposed rule, RIN 0648-AT91, on June 29, 2007.
No comments were received.

2

9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collected is confidential under section 303(d) of the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.); and under NOAA Administrative Order (NAO) 216-100, which sets forth
procedures to protect confidentiality of fishery statistics.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Total estimated unique respondents remain at 2,877. Total estimated responses: 21,833, a
decrease from 38,273. Total estimated burden hours: 10,588, a decrease from 15,750 hr. Total
estimated personnel costs: $513,435, a decrease from $640,650. Personnel labor costs are
estimated to the average wage equivalent of a GS-9 employee in Alaska, including Cost-ofLiving Adjustment (COLA), at $25 per hour.
13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in #12
above).
Total estimated miscellaneous costs: $24,176, a decrease from $43,337.
14. Provide estimates of annualized cost to the Federal government.
Total estimated burden hours: 6,037 a decrease from 7,258 hr. Total estimated personnel cost:
$132,375, a decrease from $181,450.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The electronic landing report and backup manual report were removed from this collection,
because they are replaced by eLandings (see OMB Control No.: 0648-0515). Additional adjustments
account for 392 hours and $381 of the total reductions.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information collected will not be published.
3

17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
In accordance with OMB requirements, the control number and the expiration date of OMB
approval are shown on the forms.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
No exceptions to the certification statement are requested.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

4

United State Code
TITLE 16 - CONSERVATION
CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982
U.S. Code as of: 01/26/1998

Sec. 773a. International Pacific Halibut Commission
(a) United States Commissioners
The United States shall be represented on the Commission by three
United States Commissioners to be appointed by the President and to
serve at his pleasure. The Commissioners shall receive no
compensation for their services as Commissioners. Each United
States Commissioner shall be appointed for a term of office not to
exceed 2 years, but is eligible for reappointment. Any United
States Commissioner may be appointed for a term of less than 2
years if such appointment is necessary to ensure that the terms of
office of not more than two Commissioners will expire in any 1
year. A vacancy among the United States Commissioners shall be
filled by the President in the manner in which the original
appointment was made, but any Commissioner appointed to fill a
vacancy occurring before the expiration of the term for which the
Commissioner's predecessor was appointed shall be appointed only
for the remainder of such term. Of the Commissioners (1) one shall be an official of the National Oceanic and
Atmospheric Administration; and
(2) two shall be knowledgeable or experienced concerning the
Northern Pacific halibut fishery; of these, one shall be a
resident of Alaska and the other shall be a nonresident of
Alaska. Of the three commissioners described in paragraphs (1)
and (2), one shall be a voting member of the North Pacific
Fishery Management Council.
(3) Commissioners shall not be considered Federal employees
except for the purposes of injury compensation or tort claims
liability as provided in section 8101 et seq. of title 5 and
section 2671 et seq. of title 28. This subsection shall take
effect on the 90th day after May 17, 1982.
(b) Alternate United States Commissioners
The Secretary of State, in consultation with the Secretary, may
designate from time to time alternate United States Commissioners
to the commission. An Alternate United States Commissioner may
exercise, at any meeting of the Commission, all powers and duties
of a United States Commissioner in the absence of a duly designated
Commissioner for whatever reason. The number of such alternate
United States Commissioners that may be designated for any such
meeting shall be limited to the number of authorized United States
Commissioners that will not be present.
Source
(Pub. L. 97-176, Sec. 3, May 17, 1982, 96 Stat. 78.)

Federal Fishing Regulations
Part 679: Fisheries of the Exclusive Economic Zone Off Alaska

§ 679.1 Purpose and scope
(1) Sablefish.

Subpart A--General

(i) Regulations in this part govern commercial
fishing for sablefish by vessels of the United States:

§ 679.1 Purpose and scope.
Regulations in this part were developed by the
Council under the Magnuson-Stevens Fishery
Conservation and Management Act and the Northern
Pacific Halibut Act. Along with part 600 of this
chapter, these regulations implement the following:

(a) Fishery Management Plan for Groundfish
of the Gulf of Alaska.
(1) Regulations in this part govern commercial
fishing for groundfish in the GOA by vessels of the
United States (see subparts A, B, D, and E of this part).
(2) The following State of Alaska regulations are
not preempted by this part for vessels regulated under
this part fishing for demersal shelf rockfish in the
Southeast Outside District, and which are registered
under the laws of the State of Alaska: 5 AAC 28.110,
fishing seasons; 5 AAC 28.130, gear; 5 AAC 28.160,
harvest guidelines; 5 AAC 28.190, harvest of bait by
commercial permit holders.

(b) Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management
Area.
Regulations in this part govern commercial
fishing for groundfish in the BSAI by vessels of the
United States (see subparts A, B, C, D, and E of this
part).

(c) [Reserved]

(d) IFQ Program for sablefish and halibut.
The IFQ management measures for the
commercial fisheries that use fixed gear to harvest
sablefish and halibut (see subparts A, B, D, and E of
this part).

(A) Using fixed gear within that portion of the
GOA and the BSAI over which the United States
exercises exclusive fishery management authority; and
(B) Using fixed gear in waters of the State of
Alaska adjacent to the BSAI and the GOA, provided
that aboard such vessels are persons who currently hold
quota shares, IFQ permits, or IFQ cards.
(ii) Regulations in this part do not govern
commercial fishing for sablefish in Prince William
Sound or under a State of Alaska limited entry
program.
(2) Halibut.
Regulations in this part govern commercial
fishing for halibut by vessels of the United States using
fixed gear, as that term is defined in 50 CFR 679.2, in
and off of Alaska.

(e) Western Alaska CDQ Program.
The goals and purpose of the CDQ program are to
allocate CDQ to eligible Western Alaska communities
to provide the means for starting or supporting
commercial fisheries business activities that will result
in an ongoing, regionally based, fisheries-related
economy.

(f) Groundfish Observer Program.
(applicable through December 31, 2007).
Regulations in this part govern elements of the
Groundfish Observer Program for the BSAI groundfish
and GOA groundfish fisheries under the Council's
authority (see subpart E of this part).

(g) Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner Crabs.
Regulations in this part govern commercial
fishing for king and Tanner crab in the Bering Sea and
Aleutian Islands Area by vessels of the United States,
and supersede State of Alaska regulations applicable

50 CFR 679a1.doc
Updated April 1, 2005

§ 679.1 Purpose and scope

Page 1 of 2

Federal Fishing Regulations
Part 679: Fisheries of the Exclusive Economic Zone Off Alaska

§ 679.1 Purpose and scope
to the commercial king and Tanner crab fisheries in the
Bering Sea and Aleutians Islands Area EEZ that are
determined to be inconsistent with the FMP (see
subpart A, B, and E of this part). Additional
regulations governing commercial fishing for, and
processing of, king and Tanner crab managed
pursuant to section 313(j) of the Magnuson-Stevens
Act and the Crab Rationalization Program are
codified at 50 CFR part 680.

using authorized gear within the Bering Sea and
Aleutians Islands Area.
(3) Regulations in this part implement the license
limitation program for the commercial scallop fishery
in the EEZ off Alaska.
(4) Regulations in this part govern the
commercial fishing for scallops by vessels of the
United States using authorized gear within the EEZ off
Alaska.

(h) Fishery Management Plan for the Scallop
Fishery off Alaska.
(1) Regulations in this part govern commercial
fishing for scallops in the Federal waters off Alaska by
vessels of the United States (see subpart A of this part).
(2) State of Alaska laws and regulations that are
consistent with the FMP and with the regulations in
this part apply to vessels of the United States that are
fishing for scallops in the Federal waters off Alaska.

(i) Fishery Management Plan for the Salmon
Fisheries in the EEZ off the Coast of Alaska
(Salmon FMP).

(k) American Fisheries Act and AI directed
pollock fishery measures.
Regulations in this part were developed by NMFS
and the Council under the Magnuson-Stevens Act, the
American Fisheries Act (AFA), and the Consolidated
Appropriations Act of 2004 to govern commercial
fishing for BSAI pollock according to the requirements
of the AFA and the Consolidated Appropriations Act
of 2004. This part also governs payment and collection
of the loan, under the AFA, the Magnuson-Stevens
Act, and Title XI of the Merchant Marine Act, 1936,
made to all those persons who harvest pollock from the
directed fishing allowance allocated to the inshore
component under section 206(b)(1) of the AFA.

(1) Regulations in this part govern fishing for
salmon by fishing vessels of the United States in the
Salmon Management Area.
(2) State of Alaska laws and regulations that are
consistent with the Salmon FMP and with the
regulations in this part apply to vessels of the United
States that are fishing for salmon in the Salmon
Management Area.

(j) License Limitation Program (LLP).
(1) Regulations in this part implement the LLP
for the commercial groundfish fisheries in the EEZ off
Alaska and the LLP for the commercial crab fisheries
in the Bering Sea and Aleutians Islands Area.
(2) Regulations in this part govern the
commercial fishing for groundfish under the LLP by
vessels of the United States using authorized gear
within the GOA and the Bering Sea and Aleutians
Islands Area and the commercial fishing for crab
species under the LLP by vessels of the United States
50 CFR 679a1.doc
Updated April 1, 2005

§ 679.1 Purpose and scope

Page 2 of 2

Magnuson-Stevens
Fishery Conservation and Management Act
Public Law 94-265
As amended through October 11, 1996
AN ACT
To provide for the conservation and management of the fisheries,
and for other purposes.
J.Feder version (12/19/96)
SEC. 2. FINDINGS, PURPOSES, AND POLICY 16 U.S.C. 1801
(a) FINDINGS.--The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species
which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species
which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These
fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational
opportunities.
104-297
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of
fish have been so substantially reduced in number that they could become similarly threatened as a
consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and
management practices and controls, or (C) direct and indirect habitat losses which have resulted in a
diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes
significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related
activities, and their economies have been badly damaged by the overfishing of fishery resources at an everincreasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to
such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused
destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of
these valuable fishery resources. There is danger that irreversible effects from overfishing will take place
before an effective international agreement on fishery management jurisdiction can be negotiated, signed,
ratified, and implemented.
(5) Fishery resources are finite but renewable. If placed under sound management before overfishing has
caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields
on a continuing basis.
1

104-297
(6) A national program for the conservation and management of the fishery resources of the United States is
necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term
protection of essential fish habitats, and to realize the full potential of the Nation's fishery resources.
95-354
(7) A national program for the development of fisheries which are underutilized or not utilized by the
United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens
benefit from the employment, food supply, and revenue which could be generated thereby.
101-627
(8) The collection of reliable data is essential to the effective conservation, management, and scientific
understanding of the fishery resources of the United States.
104-297
(9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the
continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive
increased attention for the conservation and management of fishery resources of the United States.
104-297
(10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical
circumstances which make fisheries resources important in sustaining their economic growth.
(b) PURPOSES.--It is therefore declared to be the purposes of the Congress in this Act-99-659, 101-627, 102-251
(1) to take immediate action to conserve and manage the fishery resources found off the coasts of the United
States, and the anadromous species and Continental Shelf fishery resources of the United States, by
exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish
within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983,
and (B) exclusive fishery management authority beyond the exclusive economic zone over such
anadromous species and Continental Shelf fishery resources[, and fishery resources in the special areas]*;
(2) to support and encourage the implementation and enforcement of international fishery agreements for
the conservation and management of highly migratory species, and to encourage the negotiation and
implementation of additional such agreements as necessary;
104-297
(3) to promote domestic commercial and recreational fishing under sound conservation and management
principles, including the promotion of catch and release programs in recreational fishing;
(4) to provide for the preparation and implementation, in accordance with national standards, of fishery
management plans which will achieve and maintain, on a continuing basis, the optimum yield from each
2

fishery;
101-627
(5) to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of
fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A)
which will enable the States, the fishing industry, consumer and environmental organizations, and other
interested persons to participate in, and advise on, the establishment and administration of such plans, and
(B) which take into account the social and economic needs of the States;
95-354, 96-561, 104-297
(6) to encourage the development by the United States fishing industry of fisheries which are currently
underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that
end, to ensure that optimum yield determinations promote such development in a non-wasteful manner;
and
104-297
(7) to promote the protection of essential fish habitat in the review of projects conducted under Federal
permits, licenses, or other authorities that affect or have the potential to affect such habitat.
(c) POLICY.--It is further declared to be the policy of the Congress in this Act—
(1) to maintain without change the existing territorial or other ocean jurisdiction of the United States for all
purposes other than the conservation and management of fishery resources, as provided for in this Act;
(2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except
as necessary for the conservation and management of fishery resources, as provided for in this Act;
101-627, 104-297
(3) to assure that the national fishery conservation and management program utilizes, and is based upon, the
best scientific information available; involves, and is responsive to the needs of, interested and affected
States and citizens; considers efficiency; draws upon Federal, State, and academic capabilities in carrying
out research, administration, management, and enforcement; considers the effects of fishing on immature
fish and encourages development of practical measures that minimize bycatch and avoid unnecessary waste
of fish; and is workable and effective;
(4) to permit foreign fishing consistent with the provisions of this Act;
99-659, 101-627
(5) to support and encourage active United States efforts to obtain internationally acceptable agreements
which provide for effective conservation and management of fishery resources, and to secure agreements to
regulate fishing by vessels or persons beyond the exclusive economic zones of any nation;
101-627
(6) to foster and maintain the diversity of fisheries in the United States; and
3

104-297
(7) to ensure that the fishery resources adjacent to a Pacific Insular Area, including resident or migratory
stocks within the exclusive economic zone adjacent to such areas, be explored, developed, conserved, and
managed for the benefit of the people of such area and of the United States.
SEC. 3. DEFINITIONS 16 U.S.C. 1802
As used in this Act, unless the context otherwise requires-(1) The term "anadromous species" means species of fish, which spawn in fresh, or estuarine waters of
the United States and which migrate to ocean waters.
104-297
(2) The term "bycatch" means fish which are harvested in a fishery, but which are not sold or kept for
personal use, and includes economic discards and regulatory discards. Such term does not include fish
released alive under a recreational catch and release fishery management program.
104-297
(3) The term "charter fishing" means fishing from a vessel carrying a passenger for hire (as defined in
section 2101(21a) of title 46, United States Code) who is engaged in recreational fishing.
(4) The term "commercial fishing" means fishing in which the fish harvested, either in whole or in part, are
intended to enter commerce or enter commerce through sale, barter or trade.
(5) The term "conservation and management" refers to all of the rules, regulations, conditions, methods, and
other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding,
restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to
assure that—
(i) a supply of food and other products may be taken, and that recreational benefits may be obtained, on a
continuing basis;
(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided;
and
(iii) there will be a multiplicity of options available with respect to future uses of these resources.
(6) The term "Continental Shelf" means the seabed and subsoil of the submarine areas adjacent to the coast,
but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit,
to where the depth of the superjacent waters admits of the exploitation of the natural resources of such
areas.
99-659, 104-297
(7) The term "Continental Shelf fishery resources" means the following:
CNIDARIA
Bamboo Coral--Acanella spp.;
4

H.R.5946
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 (Enrolled as Agreed to or Passed by Both
House and Senate)

SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended-(1) by striking `(a) COUNCIL REQUESTS- ' in the subsection
heading and inserting `(a) COLLECTION PROGRAMS- ';
(2) by resetting the text following `(a) COLLECTION
PROGRAMS- ' as a new paragraph 2 ems from the left margin;
(3) by inserting `(1) COUNCIL REQUESTS- ' before `If a
Council';
(4) by striking `subsection' in the last sentence and inserting
`paragraph';
(5) by striking `(other than information that would disclose
proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations)' each
place it appears; and
(6) by adding at the end the following:
`(2) SECRETARIAL INITIATION- If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring submission
of such additional information for the fishery.'.

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

affected individual required to disclose a financial interest under paragraph (2) shall not vote on a Council decision which would
have a significant and predictable effect on such financial interest. A Council decision shall be considered to have a significant and
predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and
substantially disproportionate benefit to the financial interest of the affected individual relative to the financial interests of other
participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate in Council
deliberations relating to the decision after notifying the Council of the voting recusal and identifying the financial interest that
would be affected.
(B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official
shall make a determination for the record whether a Council decision would have a significant and predictable effect on a financial
interest.
(C) Any Council member may submit a written request to the Secretary to review any determination by the designated official
under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the
request.
(D) Any affected individual who does not vote in a Council decision in accordance with this subsection may state for the
record how he or she would have voted on such decision if he or she had voted.
(E) If the Council makes a decision before the Secretary has reviewed a determination under subparagraph (C), the eventual
ruling may not be treated as cause for the invalidation or reconsideration by the Secretary of such decision.
(F) The Secretary, in consultation with the Councils and by not later than one year from the date of enactment of the
Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in accordance
with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C).
104-297
(8) Section 208 of title 18, United States Code, does not apply to an affected individual referred to in paragraph (1)(A)(ii)
during any time in which that individual is in compliance with the regulations prescribed under paragraph (5).
SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS 16 U.S.C. 1853
95-354, 99-659, 101-627, 104-297
(a) REQUIRED PROVISIONS.--Any fishery management plan which is prepared by any Council, or by the Secretary, with
respect to any fishery, shall-(1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United
States, which are-(A) necessary and appropriate for the conservation and management of the fishery to prevent overfishing and rebuild overfished
stocks, and to protect, restore, and promote the long-term health and stability of the fishery;
(B)

described in this subsection or subsection (b), or both; 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) 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;

1

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

(3) 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;
(4) assess and specify-- (A) the capacity and the extent to which fishing vessels of the United States, on an annual basis, will
harvest the optimum yield specified under paragraph (3),
(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;
(5) specify the pertinent data which shall be submitted to the Secretary with respect to commercial, recreational, and charter
fishing in 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;
(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 affected fishery;

(7) describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section
305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to
encourage the conservation and enhancement of such habitat;
(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;
(9) include a fishery impact statement for the plan or amendment (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 and fishing communities affected by the plan or amendment; and

(B) participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such
Council and representatives of those participants;
(10) specify objective and measurable criteria for identifying when the fishery to which the plan applies is overfished (with an
analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that
fishery) and, in the case of a fishery which the Council or the Secretary has determined is approaching an overfished condition or
is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery;
(11) establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include
conservation and management measures that, to the extent practicable and in the following priority-(A)

minimize bycatch; and

(B)

minimize the mortality of bycatch which cannot be avoided;

(12) assess the type and amount of fish caught and released alive during recreational fishing under catch and release fishery
management programs and the mortality of such fish, and include conservation and management measures that, to the extent

2

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

practicable, minimize mortality and ensure the extended survival of such fish;
(13) include a description of the commercial, recreational, and charter fishing sectors which participate in the fishery and, to the
extent practicable, quantify trends in landings of the managed fishery resource by the commercial, recreational, and charter
fishing sectors; and
(14) to the extent that rebuilding plans or other conservation and management measures which reduce the overall harvest in a
fishery are necessary, allocate any harvest restrictions or recovery benefits fairly and equitably among the commercial,
recreational, and charter fishing sectors in the fishery.
97-453, 99-659, 101-627, 102-251, 104-297
(b) DISCRETIONARY PROVISIONS.--Any fishery management plan which is prepared by any Council, or by the
Secretary, with respect to any fishery, may-(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 special areas,]* or for
anadromous species or Continental Shelf fishery resources beyond such zone [or areas] *;
(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) 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;
(3) establish specified limitations which are necessary and appropriate for the conservation and management of the
fishery on the-(A)

catch of fish (based on area, species, size, number, weight, sex, bycatch, total biomass, or other factors);

(B) sale of fish caught during commercial, recreational, or charter fishing, consistent with any applicable Federal and State
safety and quality requirements; and
(C)

transshipment or transportation of fish or fish products under permits issued pursuant to section 204;

(4) 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;
(5) 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;
(6) establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council
and the Secretary take into account-(A)

present participation in the fishery,

(B)

historical fishing practices in, and dependence on, the fishery,

(C)

the economics of the fishery,

3

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

(D)

the capability of fishing vessels used in the fishery to engage in other fisheries,

(E)

the cultural and social framework relevant to the fishery and any affected fishing communities, and

(F)

any other relevant considerations;

(7) require fish processors who first receive fish that are subj ect to the plan to submit data (other than economic data) which are
necessary for the conservation and management of the fishery;
(8) require that one or more 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;
(9) assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally
spawning anadromous fish in the region;
(10) include, consistent with the other provisions of this Act, conservation and management measures that provide harvest
incentives for participants within each gear group to employ fishing practices that result in lower levels of bycatch or in lower
levels of the mortality of bycatch;
(11) reserve a portion of the allowable biological catch of the fishery for use in scientific research; and
(12) 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.
97-453, 104-297
(c) PROPOSED REGULATIONS.--Proposed regulations which the Council deems necessary or appropriate for the
purposes of-(1) implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with
the plan or amendment under section 304; and
(2) making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to
the Secretary at any time after the plan or amendment is approved under section 304.
104-297
(d) INDIVIDUAL FISHING QUOTAS.-(1) (A) A Council may not submit and the Secretary may not approve or implement before October 1, 2000, any fishery
management plan, plan amendment, or regulation under this Act which creates a new individual fishing quota program.
(B) Any fishery management plan, plan amendment, or regulation approved by the Secretary on or after January 4, 1995, which
creates any new individual fishing quota program shall be repealed and immediately returned by the Secretary to the appropriate
Council and shall not be resubmitted, reapproved, or implemented during the moratorium set forth in subparagraph (A).
(2) (A) No provision of law shall be construed to limit the authority of a Council to submit and the Secretary to approve the
termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan,
plan amendment, or regulation that provides for a limited access system, including an individual fishing quota program.

4

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

(B) This subsection shall not be construed to prohibit a Council from submitting, or the Secretary from approving and
implementing, amendments to the North Pacific halibut and sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and
ocean (including mahogany) quahog individual fishing quota programs.
(3)

An individual fishing quota or other limited access system authorization--

(A)

shall be considered a permit for the purposes of sections 307, 308, and 309;

(B)

may be revoked or limited at any time in accordance with this Act;

(C) shall not confer any right of compensation to the holder of such individual fishing quota or other such limited access
system authorization if it is revoked or limited; and

(D)

shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested.

(4) (A) A Council may submit, and the Secretary may approve and implement, a program which reserves up to 25 percent of any
fees collected from a fishery under section 304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing the-(i) purchase of individual fishing quotas in that fishery by fishermen who fish from small vessels; and
(ii) first-time purchase of individual fishing quotas in that fishery by entry level fishermen.
(B) A Council making a submission under subparagraph (A) shall recommend criteria, consistent with the provisions of this Act,
that a fisherman must meet to qualify for guarantees under clauses (i) and (ii) of subparagraph (A) and the portion of funds to be
allocated for guarantees under each clause.
(5) In submitting and approving any new individual fishing quota program on or after October 1, 2000, the Councils and the
Secretary shall consider the report of the National Academy of Sciences required under section 108(f) of the Sustainable
Fisheries Act, and any recommendations contained in such report, and shall ensure that any such program-(A) establishes procedures and requirements for the review and revision of the terms of any such program (including any
revisions that may be necessary once a national policy with respect to individual fishing quota programs is implemented), and, if
appropriate, for the renewal, reallocation, or reissuance of individual fishing quotas;
(B) provides for the effective enforcement and management of any such program, including adequate observer coverage, and
for fees under section 304(d)(2) to recover actual costs directly related to such enforcement and management; and
(C) provides for a fair and equitable initial allocation of individual fishing quotas, prevents any person from acquiring an
excessive share of the individual fishing quotas issued, and considers the allocation of a portion of the annual harvest in the fishery
for entry-level fishermen, small vessel owners, and crew members who do not hold or qualify for individual fishing quotas.
104-297, sec. 108(b), M-S Act SS 303 note
IMPLEMENTATION.--Not later than 24 months after the date of enactment of this Act [P.L. 104-297], each Regional Fishery
Management Council shall submit to the Secretary of Commerce amendments to each fishery management plan under its
authority to comply with the amendments made in subsection (a) of this section [i.e., the P.L. 104-297 revisions to SS 303(a)(1), (5),
(7), and (9), and the addition of SS 303(a)(10)-(14)].
104-297, sec. 108(i), M-S Act SS 303 note
EXISTING QUOTA PLANS.--Nothing in this Act [P.L.104-297] or the amendments made by this Act shall be construed to
require a reallocation of individual fishing quotas under any individual fishing quota program approved by the Secretary before

5

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

January 4, 1995.
SEC. 304. ACTION BY THE SECRETARY 16 U.S.C. 1854
104-297
(a) REVIEW OF PLANS.-(1) Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall-(A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national
standards, the other provisions of this Act, and any other applicable law; and
(B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written
information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the
60-day period beginning on the date the notice is published.
(2) In undertaking the review required under paragraph (1), the Secretary shall-(A)

take into account the information, views, and comments received from interested persons;

(B)

consult with the Secretary of State with respect to foreign fishing; and

(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea
and to fishery access adjustments referred to in section 303(a)(6).
(3) The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment
period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify-(A)

the applicable law with which the plan or amendment is inconsistent;

(B)

the nature of such inconsistencies; and

6

Magnuson-Stevens Fishery Conservation and Management Act
SEC. 402. INFORMATION COLLECTION7 16 U.S.C. 1881a
(a) COUNCIL REQUESTS.--If a Council determines that additional information (other than information that
would disclose proprietary or confidential commercial or financial information regarding fishing operations or
fish processing operations) would be beneficial for developing, implementing, or revising a fishery management
plan or for determining whether a fishery is in need of management, the Council may request that the Secretary
implement an information collection program for the fishery which would provide the types of information
(other than information that would disclose proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations) specified by the Council. The Secretary shall
undertake such an information collection program if he determines that the need is justified, and shall
promulgate regulations to implement the program within 60 days after such determination is made. If the
Secretary determines that the need for an information collection program is not justified, the Secretary shall
inform the Council of the reasons for such determination in writing. The determinations of the Secretary under
this subsection regarding a Council request shall be made within a reasonable period of time after receipt of that
request.
(b) CONFIDENTIALITY OF INFORMATION.-(1) Any information submitted to the Secretary by any person in compliance with any requirement under this
Act shall be confidential and shall not be disclosed, except-(A) to Federal employees and Council employees who are responsible for fishery management plan
development and monitoring;
(B) to State or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that
prevents public disclosure of the identity or business of any person;
(C) when required by court order;
(D) when such information is used to verify catch under an individual fishing quota program;
(E) that observer information collected in fisheries under the authority of the North Pacific Council may be
released to the public as specified in a fishery management plan or regulation for weekly summary bycatch
information identified by vessel, and for haul-specific bycatch information without vessel identification; or
(F) when the Secretary has obtained written authorization from the person submitting such information to
release such information to persons for reasons not otherwise provided for in this subsection, and such release
does not violate other requirements of this Act.
(2) The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance with any requirement or regulation under this Act,
except that the Secretary may release or make public any such information in any aggregate or summary form
which does not directly or indirectly disclose the identity or business of any person who submits such
information. Nothing in this 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 information
submitted in compliance with any requirement or regulation under this Act or the use, release, or publication of
bycatch information pursuant to paragraph (1)(E).