Sustainable Fisheries Act [Pub. L. 104-297]

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3559

Public Law 104–297
104th Congress
An Act
To amend the Magnuson Fishery Conservation and Management Act to authorize
appropriations, to provide for sustainable fisheries, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Sustainable
Fisheries Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson Fishery Conservation and Management Act.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.

TITLE I—CONSERVATION AND MANAGEMENT
Findings; purposes; policy.
Definitions.
Authorization of appropriations.
Highly migratory species.
Foreign fishing and international fishery agreements.
National standards.
Regional fishery management councils.
Fishery management plans.
Action by the Secretary.
Other requirements and authority.
Pacific community fisheries.
State jurisdiction.
Prohibited acts.
Civil penalties and permit sanctions; rebuttable presumptions.
Enforcement.
Transition to sustainable fisheries.
North Pacific and northwest Atlantic Ocean fisheries.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.

TITLE II—FISHERY MONITORING AND RESEARCH
Change of title.
Registration and information management.
Information collection.
Observers.
Fisheries research.
Incidental harvest research.
Miscellaneous research.
Study of contribution of bycatch to charitable organizations.
Study of identification methods for harvest stocks.
Review of Northeast fishery stock assessments.
Clerical amendments.

TITLE III—FISHERIES FINANCING
Sec. 301. Short title.
Sec. 302. Individual fishing quota loans.
Sec. 303. Fisheries financing and capacity reduction.
TITLE IV—MARINE FISHERY STATUTE REAUTHORIZATIONS
Sec. 401. Marine fish program authorization of appropriations.

Oct. 11, 1996
[S. 39]
Sustainable
Fisheries Act.
16 USC 1801
note.

110 STAT. 3560
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 104–297—OCT. 11, 1996
402.
403.
404.
405.
406.

Interjurisdictional Fisheries Act amendments.
Anadromous fisheries amendments.
Atlantic coastal fisheries amendments.
Technical amendments to maritime boundary agreement.
Amendments to the Fisheries Act.

SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND
MANAGEMENT ACT.

Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).

TITLE I—CONSERVATION AND
MANAGEMENT
SEC. 101. FINDINGS; PURPOSES; POLICY.

Section 2 (16 U.S.C. 1801) is amended—
(1) by striking subsection (a)(2) and inserting the following:
‘‘(2) Certain stocks of fish have declined to the point where
their survival is threatened, and other stocks of fish have
been so substantially reduced in number that they could become
similarly threatened as a consequence of (A) increased fishing
pressure, (B) the inadequacy of fishery resource conservation
and management practices and controls, or (C) direct and
indirect habitat losses which have resulted in a diminished
capacity to support existing fishing levels.’’;
(2) by inserting ‘‘to facilitate long-term protection of essential fish habitats,’’ in subsection (a)(6) after ‘‘conservation,’’;
(3) by adding at the end of subsection (a) the following:
‘‘(9) One of the greatest long-term threats to the viability
of commercial and recreational fisheries is the continuing loss
of marine, estuarine, and other aquatic habitats. Habitat
considerations should receive increased attention for the conservation and management of fishery resources of the United
States.
‘‘(10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which
make fisheries resources important in sustaining their economic
growth.’’;
(4) by striking ‘‘principles;’’ in subsection (b)(3) and inserting ‘‘principles, including the promotion of catch and release
programs in recreational fishing;’’;
(5) by striking ‘‘and’’ after the semicolon at the end of
subsection (b)(5);
(6) by striking ‘‘development.’’ in subsection (b)(6) and
inserting ‘‘development in a non-wasteful manner; and’’;
(7) by adding at the end of subsection (b) the following:
‘‘(7) to promote the protection of essential fish habitat in
the review of projects conducted under Federal permits,
licenses, or other authorities that affect or have the potential
to affect such habitat.’’;
(8) in subsection (c)(3)—
(A) by striking ‘‘promotes’’ and inserting ‘‘considers’’;
and

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110 STAT. 3561

(B) by inserting ‘‘minimize bycatch and’’ after ‘‘practical
measures that’’;
(9) striking ‘‘and’’ at the end of paragraph (c)(5);
(10) striking the period at the end of paragraph (c)(6)
and inserting ‘‘; and’’; and
(11) adding at the end of subsection (c) a new paragraph
as follows:
‘‘(7) to ensure that the fishery resources adjacent to a
Pacific Insular Area, including resident or migratory stocks
within the exclusive economic zone adjacent to such areas,
be explored, developed, conserved, and managed for the benefit
of the people of such area and of the United States.’’.
SEC. 102. DEFINITIONS.

Section 3 (16 U.S.C. 1802) is amended—
(1) by redesignating paragraphs (2) through (32) as paragraphs (5) through (35) respectively, and inserting after paragraph (1) the following:
‘‘(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.
‘‘(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.’’;
(2) in paragraph (7) (as redesignated)—
(A) by striking ‘‘COELENTERATA’’ from the heading
of the list of corals and inserting ‘‘CNIDARIA’’; and
(B) in the list appearing under the heading
‘‘CRUSTACEA’’, by striking ‘‘Deep-sea Red Crab—Geryon
quinquedens’’ and inserting ‘‘Deep-sea Red Crab—Chaceon
quinquedens’’;
(3) by redesignating paragraphs (9) through (35) (as
redesignated) as paragraphs (11) through (37), respectively,
and inserting after paragraph (8) (as redesignated) the following:
‘‘(9) The term ‘economic discards’ means fish which are
the target of a fishery, but which are not retained because
they are of an undesirable size, sex, or quality, or for other
economic reasons.
‘‘(10) The term ‘essential fish habitat’ means those waters
and substrate necessary to fish for spawning, breeding, feeding
or growth to maturity.’’;
(4) by redesignating paragraphs (16) through (37) (as
redesignated) as paragraphs (17) through (38), respectively,
and inserting after paragraph (15) (as redesignated) the following:
‘‘(16) The term ‘fishing community’ means a community
which is substantially dependent on or substantially engaged
in the harvest or processing of fishery resources to meet social
and economic needs, and includes fishing vessel owners, opera-

110 STAT. 3562

PUBLIC LAW 104–297—OCT. 11, 1996
tors, and crew and United States fish processors that are based
in such community.’’;
(5) by redesignating paragraphs (21) through (38) (as
redesignated) as paragraphs (22) through (39), respectively,
and inserting after paragraph (20) (as redesignated) the following:
‘‘(21) The term ‘individual fishing quota’ means a Federal
permit under a limited access system to harvest a quantity
of fish, expressed by a unit or units representing a percentage
of the total allowable catch of a fishery that may be received
or held for exclusive use by a person. Such term does not
include community development quotas as described in section
305(i).’’;
(6) by striking ‘‘of one and one-half miles’’ in paragraph
(23) (as redesignated) and inserting ‘‘of two and one-half kilometers’’;
(7) by striking paragraph (28) (as redesignated), and inserting the following:
‘‘(28) The term ‘optimum’, with respect to the yield from
a fishery, means the amount of fish which—
‘‘(A) will provide the greatest overall benefit to the
Nation, particularly with respect to food production and
recreational opportunities, and taking into account the
protection of marine ecosystems;
‘‘(B) is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant
social, economic, or ecological factor; and
‘‘(C) in the case of an overfished fishery, provides for
rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.’’;
(8) by redesignating paragraphs (29) through (39) (as
redesignated) as paragraphs (31) through (41), respectively,
and inserting after paragraph (28) (as redesignated) the following:
‘‘(29) The terms ‘overfishing’ and ‘overfished’ mean a rate
or level of fishing mortality that jeopardizes the capacity of
a fishery to produce the maximum sustainable yield on a
continuing basis.
‘‘(30) The term ‘Pacific Insular Area’ means American
Samoa, Guam, the Northern Mariana Islands, Baker Island,
Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef,
Midway Island, Wake Island, or Palmyra Atoll, as applicable,
and includes all islands and reefs appurtenant to such island,
reef, or atoll.’’;
(9) by redesignating paragraphs (32) through (41) (as
redesignated) as paragraphs (34) through (43), respectively,
and inserting after paragraph (31) (as redesignated) the following:
‘‘(32) The term ‘recreational fishing’ means fishing for sport
or pleasure.
‘‘(33) The term ‘regulatory discards’ means fish harvested
in a fishery which fishermen are required by regulation to
discard whenever caught, or are required by regulation to retain
but not sell.’’;
(10) by redesignating paragraphs (36) through (43) (as
redesignated) as paragraphs (37) through (44), respectively,

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110 STAT. 3563

and inserting after paragraph (35) (as redesignated) the following:
‘‘(36) The term ‘special areas’ means the areas referred
to as eastern special areas in Article 3(1) of the Agreement
between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June
1, 1990. In particular, the term refers to those areas east
of the maritime boundary, as defined in that Agreement, that
lie within 200 nautical miles of the baselines from which the
breadth of the territorial sea of Russia is measured but beyond
200 nautical miles of the baselines from which the breadth
of the territorial sea of the United States is measured.’’;
(11) by striking ‘‘for which a fishery management plan
prepared under title III or a preliminary fishery management
plan prepared under section 201(g) has been implemented’’
in paragraph (42) (as redesignated) and inserting ‘‘regulated
under this Act’’; and
(12) by redesignating paragraph (44) (as redesignated) as
paragraph (45), and inserting after paragraph (43) the following:
‘‘(44) The term ‘vessel subject to the jurisdiction of the
United States’ has the same meaning such term has in section
3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1903(c)).’’.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

The Act is amended by inserting after section 3 (16 U.S.C.
1802) the following:
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to the Secretary for
the purposes of carrying out the provisions of this Act, not to
exceed the following sums:
‘‘(1) $147,000,000 for fiscal year 1996;
‘‘(2) $151,000,000 for fiscal year 1997;
‘‘(3) $155,000,000 for fiscal year 1998; and
‘‘(4) $159,000,000 for fiscal year 1999.’’.
SEC. 104. HIGHLY MIGRATORY SPECIES.

Section 102 (16 U.S.C. 1812) is amended by striking ‘‘promoting
the objective of optimum utilization’’ and inserting ‘‘shall promote
the achievement of optimum yield’’.
SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

(a) AUTHORITY TO OPERATE UNDER TRANSSHIPMENT PERMITS.—
Section 201 (16 U.S.C. 1821) is amended—
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
‘‘(1) is authorized under subsections (b) or (c) or section
204(e), or under a permit issued under section 204(d);
‘‘(2) is not prohibited under subsection (f); and’’;
(2) by striking ‘‘(i)’’ in subsection (c)(2)(D) and inserting
‘‘(h)’’;
(3) by striking subsection (f);
(4) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively;

16 USC 1803.

110 STAT. 3564

Reports.

PUBLIC LAW 104–297—OCT. 11, 1996

(5) in paragraph (2) of subsection (h) (as redesignated),
redesignate subparagraphs (B) and (C) as subparagraphs (C)
and (D), respectively, and insert after subparagraph (A) the
following:
‘‘(B) in a situation where the foreign fishing vessel
is operating under a Pacific Insular Area fishing agreement,
the Governor of the applicable Pacific Insular Area, in
consultation with the Western Pacific Council, has established an observer coverage program that is at least equal
in effectiveness to the program established by the Secretary;’’; and
(6) in subsection (i) (as redesignated) by striking ‘‘305’’
and inserting ‘‘304’’.
(b) INTERNATIONAL FISHERY AGREEMENTS.—Section 202 (16
U.S.C. 1822) is amended—
(1) by adding before the period at the end of subsection
(c) ‘‘or section 204(e)’’;
(2) by adding at the end the following:
‘‘(h) BYCATCH REDUCTION AGREEMENTS.—
‘‘(1) The Secretary of State, in cooperation with the Secretary, shall seek to secure an international agreement to establish standards and measures for bycatch reduction that are
comparable to the standards and measures applicable to United
States fishermen for such purposes in any fishery regulated
pursuant to this Act for which the Secretary, in consultation
with the Secretary of State, determines that such an international agreement is necessary and appropriate.
‘‘(2) An international agreement negotiated under this subsection shall be—
‘‘(A) consistent with the policies and purposes of this
Act; and
‘‘(B) subject to approval by Congress under section
203.
‘‘(3) Not later than January 1, 1997, and annually thereafter, the Secretary, in consultation with the Secretary of State,
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives a report describing actions
taken under this subsection.’’.
(c) PERIOD FOR CONGRESSIONAL REVIEW OF INTERNATIONAL
FISHERY AGREEMENTS.—Section 203 (16 U.S.C. 1823) is amended—
(1) by striking ‘‘GOVERNING’’ in the section heading;
(2) by striking ‘‘agreement’’ each place it appears in subsection (a) and inserting ‘‘agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement’’;
(3) by striking ‘‘60 calendar days of continuous session
of the Congress’’ in subsection (a) and inserting ‘‘120 days
(excluding any days in a period for which the Congress is
adjourned sine die)’’;
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) by striking ‘‘agreement’’ in subsection (c)(2)(A), as
redesignated, and inserting ‘‘agreement, bycatch reduction
agreement, or Pacific Insular Area fishery agreement’’.
(d) TRANSSHIPMENT PERMITS AND PACIFIC INSULAR AREA FISHING.— Section 204 (16 U.S.C. 1824) is amended—

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110 STAT. 3565

(1) by inserting ‘‘or subsection (d)’’ in the first sentence
of subsection (b)(7) after ‘‘under paragraph (6)’’;
(2) by striking ‘‘the regulations promulgated to implement
any such plan’’ in subsection (b)(7)(A) and inserting ‘‘any
applicable Federal or State fishing regulations’’;
(3) by inserting ‘‘or subsection (d)’’ in subsection (b)(7)(D)
after ‘‘paragraph (6)(B)’’; and
(4) by adding at the end the following:
‘‘(d) TRANSSHIPMENT PERMITS.—
‘‘(1) AUTHORITY TO ISSUE PERMITS.—The Secretary may
issue a transshipment permit under this subsection which
authorizes a vessel other than a vessel of the United States
to engage in fishing consisting solely of transporting fish or
fish products at sea from a point within the exclusive economic
zone or, with the concurrence of a State, within the boundaries
of that State, to a point outside the United States to any
person who—
‘‘(A) submits an application which is approved by the
Secretary under paragraph (3); and
‘‘(B) pays a fee imposed under paragraph (7).
‘‘(2) TRANSMITTAL.—Upon receipt of an application for a
permit under this subsection, the Secretary shall promptly
transmit copies of the application to the Secretary of State,
Secretary of the department in which the Coast Guard is operating, any appropriate Council, and any affected State.
‘‘(3) APPROVAL OF APPLICATION.—The Secretary may
approve, in consultation with the appropriate Council or Marine
Fisheries Commission, an application for a permit under this
section if the Secretary determines that—
‘‘(A) the transportation of fish or fish products to be
conducted under the permit, as described in the application,
will be in the interest of the United States and will meet
the applicable requirements of this Act;
‘‘(B) the applicant will comply with the requirements
described in section 201(c)(2) with respect to activities
authorized by any permit issued pursuant to the application;
‘‘(C) the applicant has established any bonds or financial assurances that may be required by the Secretary;
and
‘‘(D) no owner or operator of a vessel of the United
States which has adequate capacity to perform the
transportation for which the application is submitted has
indicated to the Secretary an interest in performing the
transportation at fair and reasonable rates.
‘‘(4) WHOLE OR PARTIAL APPROVAL.—The Secretary may
approve all or any portion of an application under paragraph
(3).
‘‘(5) FAILURE TO APPROVE APPLICATION.—If the Secretary
does not approve any portion of an application submitted under
paragraph (1), the Secretary shall promptly inform the
applicant and specify the reasons therefor.
‘‘(6) CONDITIONS AND RESTRICTIONS.—The Secretary shall
establish and include in each permit under this subsection
conditions and restrictions, including those conditions and
restrictions set forth in subsection (b)(7), which shall be com-

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PUBLIC LAW 104–297—OCT. 11, 1996
plied with by the owner and operator of the vessel for which
the permit is issued.
‘‘(7) FEES.—The Secretary shall collect a fee for each permit
issued under this subsection, in an amount adequate to recover
the costs incurred by the United States in issuing the permit,
except that the Secretary shall waive the fee for the permit
if the foreign nation under which the vessel is registered does
not collect a fee from a vessel of the United States engaged
in similar activities in the waters of such foreign nation.
‘‘(e) PACIFIC INSULAR AREAS.—
‘‘(1) NEGOTIATION OF PACIFIC INSULAR AREA FISHERY AGREEMENTS.—The Secretary of State, with the concurrence of the
Secretary and in consultation with any appropriate Council,
may negotiate and enter into a Pacific Insular Area fishery
agreement to authorize foreign fishing within the exclusive
economic zone adjacent to a Pacific Insular Area—
‘‘(A) in the case of American Samoa, Guam, or the
Northern Mariana Islands, at the request and with the
concurrence of, and in consultation with, the Governor
of the Pacific Insular Area to which such agreement applies;
and
‘‘(B) in the case of a Pacific Insular Area other than
American Samoa, Guam, or the Northern Mariana Islands,
at the request of the Western Pacific Council.
‘‘(2) AGREEMENT TERMS AND CONDITIONS.—A Pacific Insular
Area fishery agreement—
‘‘(A) shall not be considered to supersede any governing
international fishery agreement currently in effect under
this Act, but shall provide an alternative basis for the
conduct of foreign fishing within the exclusive economic
zone adjacent to Pacific Insular Areas;
‘‘(B) shall be negotiated and implemented consistent
only with the governing international fishery agreement
provisions of this title specifically made applicable in this
subsection;
‘‘(C) may not be negotiated with a nation that is in
violation of a governing international fishery agreement
in effect under this Act;
‘‘(D) shall not be entered into if it is determined by
the Governor of the applicable Pacific Insular Area with
respect to agreements initiated under paragraph (1)(A),
or the Western Pacific Council with respect to agreements
initiated under paragraph (1)(B), that such an agreement
will adversely affect the fishing activities of the indigenous
people of such Pacific Insular Area;
‘‘(E) shall be valid for a period not to exceed three
years and shall only become effective according to the procedures in section 203; and
‘‘(F) shall require the foreign nation and its fishing
vessels to comply with the requirements of paragraphs
(1), (2), (3) and (4)(A) of section 201(c), section 201(d),
and section 201(h).
‘‘(3) PERMITS FOR FOREIGN FISHING.—
‘‘(A) Application for permits for foreign fishing authorized under a Pacific Insular Areas fishing agreement shall
be made, considered and approved or disapproved in accordance with paragraphs (3), (4), (5), (6), (7) (A) and (B),

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(8), and (9) of subsection (b), and shall include any conditions and restrictions established by the Secretary in consultation with the Secretary of State, the Secretary of
the department in which the Coast Guard is operating,
the Governor of the applicable Pacific Insular Area, and
the appropriate Council.
‘‘(B) If a foreign nation notifies the Secretary of State
of its acceptance of the requirements of this paragraph,
paragraph (2)(F), and paragraph (5), including any conditions and restrictions established under subparagraph (A),
the Secretary of State shall promptly transmit such
notification to the Secretary. Upon receipt of any payment
required under a Pacific Insular Area fishing agreement,
the Secretary shall thereupon issue to such foreign nation,
through the Secretary of State, permits for the appropriate
fishing vessels of that nation. Each permit shall contain
a statement of all of the requirements, conditions, and
restrictions established under this subsection which apply
to the fishing vessel for which the permit is issued.
‘‘(4) MARINE CONSERVATION PLANS.—
‘‘(A) Prior to entering into a Pacific Insular Area fishery
agreement, the Western Pacific Council and the appropriate
Governor shall develop a 3-year marine conservation plan
detailing uses for funds to be collected by the Secretary
pursuant to such agreement. Such plan shall be consistent
with any applicable fishery management plan, identify conservation and management objectives (including criteria
for determining when such objectives have been met), and
prioritize planned marine conservation projects. Conservation and management objectives shall include, but not be
limited to—
‘‘(i) establishment of Pacific Insular Area observer
programs, approved by the Secretary in consultation
with the Western Pacific Council, that provide observer
coverage for foreign fishing under Pacific Insular Area
fishery agreements that is at least equal in effectiveness to the program established by the Secretary under
section 201(h);
‘‘(ii) conduct of marine and fisheries research,
including development of systems for information
collection, analysis, evaluation, and reporting;
‘‘(iii) conservation, education, and enforcement
activities related to marine and coastal management,
such as living marine resource assessments, habitat
monitoring and coastal studies;
‘‘(iv) grants to the University of Hawaii for technical assistance projects by the Pacific Island Network,
such as education and training in the development
and implementation of sustainable marine resources
development projects, scientific research, and conservation strategies; and
‘‘(v) western Pacific community-based demonstration projects under section 112(b) of the Sustainable
Fisheries Act and other coastal improvement projects
to foster and promote the management, conservation,
and economic enhancement of the Pacific Insular
Areas.

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PUBLIC LAW 104–297—OCT. 11, 1996
‘‘(B) In the case of American Samoa, Guam, and the Northern Mariana Islands, the appropriate Governor, with the
concurrence of the Western Pacific Council, shall develop the
marine conservation plan described in subparagraph (A) and
submit such plan to the Secretary for approval. In the case
of other Pacific Insular Areas, the Western Pacific Council
shall develop and submit the marine conservation plan
described in subparagraph (A) to the Secretary for approval.
‘‘(C) If a Governor or the Western Pacific Council intends
to request that the Secretary of State renew a Pacific Insular
Area fishery agreement, a subsequent 3-year plan shall be
submitted to the Secretary for approval by the end of the
second year of the existing 3-year plan.
‘‘(5) RECIPROCAL CONDITIONS.—Except as expressly provided otherwise in this subsection, a Pacific Insular Area fishing
agreement may include terms similar to the terms applicable
to United States fishing vessels for access to similar fisheries
in waters subject to the fisheries jurisdiction of another nation.
‘‘(6) USE OF PAYMENTS BY AMERICAN SAMOA, GUAM, NORTHERN MARIANA ISLANDS.—Any payments received by the Secretary under a Pacific Insular Area fishery agreement for American Samoa, Guam, or the Northern Mariana Islands shall
be deposited into the United States Treasury and then covered
over to the Treasury of the Pacific Insular Area for which
those funds were collected. Amounts deposited in the Treasury
of a Pacific Insular Area shall be available, without appropriation or fiscal year limitation, to the Governor of the Pacific
Insular Area—
‘‘(A) to carry out the purposes of this subsection;
‘‘(B) to compensate (i) the Western Pacific Council for
mutually agreed upon administrative costs incurred relating to any Pacific Insular Area fishery agreement for such
Pacific Insular Area, and (ii) the Secretary of State for
mutually agreed upon travel expenses for no more than
2 Federal representatives incurred as a direct result of
complying with paragraph (1)(A); and
‘‘(C) to implement a marine conservation plan developed and approved under paragraph (4).
‘‘(7) WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.—
There is established in the United States Treasury a Western
Pacific Sustainable Fisheries Fund into which any payments
received by the Secretary under a Pacific Insular Area fishery
agreement for any Pacific Insular Area other than American
Samoa, Guam, or the Northern Mariana Islands shall be deposited. The Western Pacific Sustainable Fisheries Fund shall
be made available, without appropriation or fiscal year limitation, to the Secretary, who shall provide such funds only to—
‘‘(A) the Western Pacific Council for the purpose of
carrying out the provisions of this subsection, including
implementation of a marine conservation plan approved
under paragraph (4);
‘‘(B) the Secretary of State for mutually agreed upon
travel expenses for no more than 2 Federal representatives
incurred as a direct result of complying with paragraph
(1)(B); and
‘‘(C) the Western Pacific Council to meet conservation
and management objectives in the State of Hawaii if monies

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110 STAT. 3569

remain in the Western Pacific Sustainable Fisheries Fund
after the funding requirements of subparagraphs (A) and
(B) have been satisfied.
Amounts deposited in such fund shall not diminish funding
received by the Western Pacific Council for the purpose of
carrying out other responsibilities under this Act.
‘‘(8) USE OF FINES AND PENALTIES.—In the case of violations
occurring within the exclusive economic zone off American
Samoa, Guam, or the Northern Mariana Islands, amounts
received by the Secretary which are attributable to fines or
penalties imposed under this Act, including such sums collected
from the forfeiture and disposition or sale of property seized
subject to its authority, after payment of direct costs of the
enforcement action to all entities involved in such action, shall
be deposited into the Treasury of the Pacific Insular Area
adjacent to the exclusive economic zone in which the violation
occurred, to be used for fisheries enforcement and for
implementation of a marine conservation plan under paragraph
(4).’’.
(e) ATLANTIC HERRING TRANSSHIPMENT.—Within 30 days of
receiving an application, the Secretary shall, under section 204(d)
of the Magnuson Fishery Conservation and Management Act, as
amended by this Act, issue permits to up to fourteen Canadian
transport vessels that are not equipped for fish harvesting or
processing, for the transshipment, within the boundaries of the
State of Maine or within the portion of the exclusive economic
zone east of the line 69 degrees 30 minutes west and within 12
nautical miles from the seaward boundary of that State, of Atlantic
herring harvested by United States fishermen within the area
described and used solely in sardine processing. In issuing a permit
pursuant to this subsection, the Secretary shall provide a waiver
under section 201(h)(2)(C) of the Magnuson Fishery Conservation
and Management Act, as amended by this Act: Provided, That
such vessels comply with Federal or State monitoring and reporting
requirements for the Atlantic herring fishery, including the stationing of United States observers aboard such vessels, if necessary.
(f) LARGE SCALE DRIFTNET FISHING.—Section 206 (16 U.S.C.
1826) is amended—
(1) in subsection (e), by striking paragraphs (3) and (4),
and redesignating paragraphs (5) and (6) as (3) and (4), respectively; and
(2) in subsection (f), by striking ‘‘(e)(6),’’ and inserting
‘‘(e)(4),’’.
(g) RUSSIAN FISHING IN THE BERING SEA.—No later than
September 30, 1997, the North Pacific Fishery Management Council, in consultation with the North Pacific and Bering Sea Advisory
Body, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives a report describing the institutional
structures in Russia pertaining to stock assessment, management,
and enforcement for fishery harvests in the Bering Sea, and recommendations for improving coordination between the United
States and Russia for managing and conserving Bering Sea fishery
resources of mutual concern.

Reports.

110 STAT. 3570

PUBLIC LAW 104–297—OCT. 11, 1996

SEC. 106. NATIONAL STANDARDS.

(a) Section 301(a)(5) (16 U.S.C. 1851(a)(5)) is amended by striking ‘‘promote’’ and inserting ‘‘consider’’.
(b) Section 301(a) (16 U.S.C. 1851(a)) is amended by adding
at the end thereof the following:
‘‘(8) Conservation and management measures shall, consistent with the conservation requirements of this Act (including
the prevention of overfishing and rebuilding of overfished
stocks), take into account the importance of fishery resources
to fishing communities in order to (A) provide for the sustained
participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.
‘‘(9) Conservation and management measures shall, to the
extent practicable, (A) minimize bycatch and (B) to the extent
bycatch cannot be avoided, minimize the mortality of such
bycatch.
‘‘(10) Conservation and management measures shall, to
the extent practicable, promote the safety of human life at
sea.’’.
SEC. 107. REGIONAL FISHERY MANAGEMENT COUNCILS.

(a) Section 302(a) (16 U.S.C. 1852(a)) is amended—
(1) by inserting ‘‘(1)’’ after the subsection heading;
(2) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively;
(3) by striking ‘‘section 304(f)(3)’’ wherever it appears and
inserting ‘‘paragraph (3)’’;
(4) in paragraph (1)(B), as amended—
(A) by striking ‘‘and Virginia’’ and inserting ‘‘Virginia,
and North Carolina’’;
(B) by inserting ‘‘North Carolina, and’’ after ‘‘except’’;
(C) by striking ‘‘19’’ and inserting ‘‘21’’; and
(D) by striking ‘‘12’’ and inserting ‘‘13’’;
(5) by striking paragraph (1)(F), as redesignated, and
inserting the following:
‘‘(F) PACIFIC COUNCIL.—The Pacific Fishery 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 in accordance with subsection (b)(5).’’;
(6) by indenting the sentence at the end thereof and inserting ‘‘(2)’’ before ‘‘Each Council’’; and
(7) by adding at the end the following:
‘‘(3) The Secretary shall have authority over any highly
migratory species fishery that is within the geographical area
of authority of more than one of the following Councils: New
England Council, Mid-Atlantic Council, South Atlantic Council,
Gulf Council, and Caribbean Council.’’.
(b) Section 302(b) (16 U.S.C. 1852(b)) is amended—

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3571

(1) by striking ‘‘subsection (b)(2)’’ in paragraphs (1)(C) and
(3), and inserting in both places ‘‘paragraphs (2) and (5)’’;
(2) by striking the last sentence in paragraph (3) and
inserting the following: ‘‘Any term in which an individual was
appointed to replace a member who left office during the term
shall not be counted in determining the number of consecutive
terms served by that Council member.’’; and
(3) by striking paragraph (5) and inserting after paragraph
(4) the following:
‘‘(5)(A) The Secretary shall appoint to the Pacific Council
one representative of an Indian tribe with Federally recognized
fishing rights from California, Oregon, Washington, or Idaho
from a list of not less than 3 individuals submitted by the
tribal governments. The Secretary, in consultation with the
Secretary of the Interior and tribal governments, shall establish
by regulation the procedure for submitting a list under this
subparagraph.
‘‘(B) Representation shall be rotated among the tribes taking into consideration—
‘‘(i) the qualifications of the individuals on the list
referred to in subparagraph (A),
‘‘(ii) the various rights of the Indian tribes involved
and judicial cases that set forth how those rights are to
be exercised, and
‘‘(iii) the geographic area in which the tribe of the
representative is located.
‘‘(C) A vacancy occurring prior to the expiration of any
term shall be filled in the same manner as set out in subparagraphs (A) and (B), except that the Secretary may use the
list from which the vacating representative was chosen.
‘‘(6) The Secretary may remove for cause any member
of a Council required to be appointed by the Secretary in
accordance with paragraphs (2) or (5) if—
‘‘(A) the Council concerned first recommends removal
by not less than two-thirds of the members who are voting
members and submits such removal recommendation to
the Secretary in writing together with a statement of the
basis for the recommendation; or
‘‘(B) the member is found by the Secretary, after notice
and an opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have committed
an act prohibited by section 307(1)(O).’’.
(c) Section 302(d) (16 U.S.C. 1852(d)) is amended in the first
sentence—
(1) by striking ‘‘each Council,’’ and inserting ‘‘each Council
who are required to be appointed by the Secretary and’’; and
(2) by striking ‘‘shall, until January 1, 1992,’’ and all that
follows through ‘‘GS–16’’ and inserting ‘‘shall receive compensation at the daily rate for GS–15, step 7’’.
(d) Section 302(e) (16 U.S.C. 1852(e)) is amended by adding
at the end the following:
‘‘(5) At the request of any voting member of a Council,
the Council shall hold a roll call vote on any matter before
the Council. The official minutes and other appropriate records
of any Council meeting shall identify all roll call votes held,
the name of each voting member present during each roll
call vote, and how each member voted on each roll call vote.’’.

Regulations.

110 STAT. 3572

PUBLIC LAW 104–297—OCT. 11, 1996

(e) Section 302(g) (16 U.S.C. 1852(g)) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph
(3) the following:
‘‘(4) The Secretary shall establish advisory panels to assist
in the collection and evaluation of information relevant to the
development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each
advisory panel shall participate in all aspects of the development of the plan or amendment; be balanced in its representation of commercial, recreational, and other interests; and consist
of not less than 7 individuals who are knowledgeable about
the fishery for which the plan or amendment is developed,
selected from among—
‘‘(A) members of advisory committees and species working groups appointed under Acts implementing relevant
international fishery agreements pertaining to highly
migratory species; and
‘‘(B) other interested persons.’’.
(f) Section 302(h) (16 U.S.C. 1852(h)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) for each fishery under its authority that requires conservation and management, prepare and submit to the Secretary (A) a fishery management plan, and (B) amendments
to each such plan that are necessary from time to time (and
promptly whenever changes in conservation and management
measures in another fishery substantially affect the fishery
for which such plan was developed);’’;
(2) in paragraph (2)—
(A) by striking ‘‘section 204(b)(4)(C),’’ in paragraph (2)
and inserting ‘‘section 204(b)(4)(C) or section 204(d),’’;
(B) by striking ‘‘304(c)(2)’’ and inserting ‘‘304(c)(4)’’;
and
(3) by striking ‘‘304(f)(3)’’ in paragraph (5) and inserting
‘‘subsection (a)(3)’’.
(g) Section 302 is amended further by striking subsection (i),
and by redesignating subsections (j) and (k) as subsections (i) and
(j), respectively.
(h) Section 302(i), as redesignated, is amended—
(1) by striking ‘‘of the Councils’’ in paragraph (1) and inserting ‘‘established under subsection (g)’’;
(2) by striking ‘‘of a Council:’’ in paragraph (2) and inserting
‘‘established under subsection (g):’’;
(3) by striking ‘‘Council’s’’ in paragraph (2)(C);
(4) by adding the following at the end of paragraph (2)(C):
‘‘The published agenda of the meeting may not be modified
to include additional matters for Council action without public
notice or within 14 days prior to the meeting date, unless
such modification is to address an emergency action under
section 305(c), in which case public notice shall be given immediately.’’;
(5) by adding the following at the end of paragraph (2)(D):
‘‘All written information submitted to a Council by an interested
person shall include a statement of the source and date of
such information. Any oral or written statement shall include
a brief description of the background and interests of the person
in the subject of the oral or written statement.’’;
(6) by striking paragraph (2)(E) and inserting:

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3573

‘‘(E) Detailed minutes of each meeting of the Council,
except for any closed session, shall be kept and shall contain a record of the persons present, a complete and
accurate description of matters discussed and conclusions
reached, and copies of all statements filed. The Chairman
shall certify the accuracy of the minutes of each such
meeting and submit a copy thereof to the Secretary. The
minutes shall be made available to any court of competent
jurisdiction.’’;
(7) by striking ‘‘by the Council’’ the first place it appears
in paragraph (2)(F);
(8) by inserting ‘‘or the Secretary, as appropriate’’ in paragraph (2)(F) after ‘‘of the Council’’;
(9) by striking ‘‘303(d)’’ each place it appears in paragraph
(2)(F) and inserting ‘‘402(b)’’; and
(10) by striking ‘‘303(d)’’ in paragraph (4) and inserting
‘‘402(b)’’.
(i) Section 302(j), as redesignated, is amended—
(1) by inserting ‘‘and Recusal’’ after ‘‘Interest’’ in the subsection heading;
(2) by striking paragraph (1) and inserting the following:
‘‘(1) For the purposes of this subsection—
‘‘(A) the term ‘affected individual’ means an individual
who—
‘‘(i) is nominated by the Governor of a State for
appointment as a voting member of a Council in accordance with subsection (b)(2); or
‘‘(ii) is a voting member of a Council appointed—
‘‘(I) under subsection (b)(2); or
‘‘(II) under subsection (b)(5) who is not subject
to disclosure and recusal requirements under the
laws of an Indian tribal government; and
‘‘(B) the term ‘designated official’ means a person with
expertise in Federal conflict-of-interest requirements who
is designated by the Secretary, in consultation with the
Council, to attend Council meetings and make determinations under paragraph (7)(B).’’;
(3) by striking ‘‘(1)(A)’’ in paragraph (3)(A) and inserting
‘‘(1)(A)(i)’’;
(4) by striking ‘‘(1)(B) or (C)’’ in paragraph (3)(B) and
inserting ‘‘(1)(A)(ii)’’;
(5) by striking ‘‘(1)(B) or (C)’’ in paragraph (4) and inserting
‘‘(1)(A)(ii)’’;
(6)(A) by striking ‘‘and’’ at the end of paragraph (5)(A);
(B) by striking the period at the end of paragraph (5)(B)
and inserting a semicolon and the word ‘‘and’’; and
(C) by adding at the end of paragraph (5) the following:
‘‘(C) be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for public inspection at reasonable hours.’’;
(7) by striking ‘‘(1)(B) or (C)’’ in paragraph (6) and inserting
‘‘(1)(A)(ii)’’;
(8) by redesignating paragraph (7) as paragraph (8) and
inserting after paragraph (6) the following:
‘‘(7)(A) After the effective date of regulations promulgated
under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph

Records.

Certification.

110 STAT. 3574

Regulations.

PUBLIC LAW 104–297—OCT. 11, 1996
(2) shall not vote on a Council decision which would have
a significant and predictable effect on such 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).’’; and
(9) by striking ‘‘(1)(B) or (C)’’ in paragraph (8), as redesignated, and inserting ‘‘(1)(A)(ii)’’.

SEC. 108. FISHERY MANAGEMENT PLANS.

(a) REQUIRED PROVISIONS.—Section 303(a) (16 U.S.C. 1853(a))
is amended—
(1) in paragraph (1)(A) by inserting ‘‘and rebuild overfished
stocks’’ after ‘‘overfishing’’;
(2) by inserting ‘‘commercial, recreational, and charter fishing in’’ in paragraph (5) after ‘‘with respect to’’;
(3) by striking paragraph (7) and inserting the following:
‘‘(7) describe and identify essential fish habitat for the
fishery based on the guidelines established by the Secretary
under section 305(b)(1)(A), minimize to the extent practicable
adverse effects on such habitat caused by fishing, and identify
other actions to encourage the conservation and enhancement
of such habitat;’’;
(4) by striking ‘‘and’’ at the end of paragraph (8);
(5) by inserting ‘‘and fishing communities’’ after ‘‘fisheries’’
in paragraph (9)(A);

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3575

(6) by striking the period at the end of paragraph (9)
and inserting a semicolon; and
(7) by adding at the end the following:
‘‘(10) specify objective and measurable criteria for 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 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.’’.
(b) IMPLEMENTATION.—Not later than 24 months after the date
of enactment of this Act, 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.
(c) DISCRETIONARY PROVISIONS.—Section 303(b) (16 U.S.C.
1853(b)) is amended—
(1) by striking paragraph (3) and inserting the following:
‘‘(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;’’;
(2) by striking ‘‘system for limiting access to’’ in paragraph
(6) and inserting ‘‘limited access system for’’;

16 USC 1853
note.

110 STAT. 3576

PUBLIC LAW 104–297—OCT. 11, 1996

(3) by striking ‘‘fishery’’ in subparagraph (E) of paragraph
(6) and inserting ‘‘fishery and any affected fishing communities’’;
(4) by inserting ‘‘one or more’’ in paragraph (8) after
‘‘require that’’;
(5) by striking ‘‘and’’ at the end of paragraph (9);
(6) by redesignating paragraph (10) as paragraph (12);
and
(7) by inserting after paragraph (9) the following:
‘‘(10) include, consistent with the other provisions of this
Act, conservation and management measures that provide 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’’.
(d) REGULATIONS.—Section 303 (16 U.S.C. 1853) is amended
by striking subsection (c) and inserting the following:
‘‘(c) PROPOSED REGULATIONS.—Proposed regulations which the
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.’’.
(e) INDIVIDUAL FISHING QUOTAS.—Subsection 303 (16 U.S.C.
1853) is amended further by striking subsections (d), (e), and (f),
and inserting the following:
‘‘(d) INDIVIDUAL FISHING QUOTAS.—
‘‘(1)(A) A Council may not submit and the Secretary may
not approve or implement before October 1, 2000, any fishery
management plan, 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.
‘‘(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—

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3577

‘‘(A) shall be considered a permit for the purposes
of sections 307, 308, and 309;
‘‘(B) may be revoked or limited at 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.’’.
(f) INDIVIDUAL FISHING QUOTA REPORT.—(1) Not later than
October 1, 1998, the National Academy of Sciences, in consultation
with the Secretary of Commerce and the Regional Fishery Management Councils, shall submit to the Congress a comprehensive final
report on individual fishing quotas, which shall include rec-

16 USC 1853
note.

110 STAT. 3578

PUBLIC LAW 104–297—OCT. 11, 1996

ommendations to implement a national policy with respect to
individual fishing quotas. The report shall address all aspects of
such quotas, including an analysis of—
(A) the effects of limiting or prohibiting the transferability
of such quotas;
(B) mechanisms to prevent foreign control of the harvest
of United States fisheries under individual fishing quota programs, including mechanisms to prohibit persons who are not
eligible to be deemed a citizen of the United States for the
purpose of operating a vessel in the coastwise trade under
section 2(a) and section 2(c) of the Shipping Act, 1916 (46
U.S.C. 802 (a) and (c)) from holding individual fishing quotas;
(C) the impact of limiting the duration of individual fishing
quota programs;
(D) the impact of authorizing Federal permits to process
a quantity of fish that correspond to individual fishing quotas,
and of the value created for recipients of any such permits,
including a comparison of such value to the value of the corresponding individual fishing quotas;
(E) mechanisms to provide for diversity and to minimize
adverse social and economic impacts on fishing communities,
other fisheries affected by the displacement of vessels, and
any impacts associated with the shifting of capital value from
fishing vessels to individual fishing quotas, as well as the
use of capital construction funds to purchase individual fishing
quotas;
(F) mechanisms to provide for effective monitoring and
enforcement, including the inspection of fish harvested and
incentives to reduce bycatch, and in particular economic discards;
(G) threshold criteria for determining whether a fishery
may be considered for individual fishing quota management,
including criteria related to the geographical range, population
dynamics and condition of a fish stock, the socioeconomic
characteristics of a fishery (including participants’ involvement
in multiple fisheries in the region), and participation by
commercial, charter, and recreational fishing sectors in the
fishery;
(H) mechanisms to ensure that vessel owners, vessel masters, crew members, and United States fish processors are
treated fairly and equitably in initial allocations, to require
persons holding individual fishing quotas to be on board the
vessel using such quotas, and to facilitate new entry under
individual fishing quota programs;
(I) potential social and economic costs and benefits to the
nation, individual fishing quota recipients, and any recipients
of Federal permits described in subparagraph (D) under individual fishing quota programs, including from capital gains revenue, the allocation of such quotas or permits through Federal
auctions, annual fees and transfer fees at various levels, or
other measures;
(J) the value created for recipients of individual fishing
quotas, including a comparison of such value to the value
of the fish harvested under such quotas and to the value
of permits created by other types of limited access systems,
and the effects of creating such value on fishery management
and conservation; and

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3579

(K) such other matters as the National Academy of Sciences
deems appropriate.
(2) The report shall include a detailed analysis of individual
fishing quota programs already implemented in the United
States, including the impacts: of any limits on transferability,
on past and present participants, on fishing communities, on
the rate and total amount of bycatch (including economic and
regulatory discards) in the fishery, on the safety of life and
vessels in the fishery, on any excess harvesting or processing
capacity in the fishery, on any gear conflicts in the fishery,
on product quality from the fishery, on the effectiveness of
enforcement in the fishery, on the size and composition of
fishing vessel fleets, on the economic value created by individual
fishing quotas for initial recipients and non-recipients, on conservation of the fishery resource, on fishermen who rely on
participation in several fisheries, on the success in meeting
any fishery management plan goals, and the fairness and
effectiveness of the methods used for allocating quotas and
controlling transferability. The report shall also include any
information about individual fishing quota programs in other
countries that may be useful.
(3) The report shall identify and analyze alternative conservation and management measures, including other limited
access systems such as individual transferable effort systems,
that could accomplish the same objectives as individual fishing
quota programs, as well as characteristics that are unique
to individual fishing quota programs.
(4) The Secretary of Commerce shall, in consultation with
the National Academy of Sciences, the Councils, the fishing
industry, affected States, conservation organizations and other
interested persons, establish two individual fishing quota
review groups to assist in the preparation of the report, which
shall represent: (A) Alaska, Hawaii, and the other Pacific
coastal States; and (B) Atlantic coastal States and the Gulf
of Mexico coastal States. The Secretary shall, to the extent
practicable, achieve a balanced representation of viewpoints
among the individuals on each review group. The review groups
shall be deemed to be advisory panels under section 302(g)
of the Magnuson Fishery Conservation and Management Act,
as amended by this Act.
(5) The Secretary of Commerce, in consultation with the
National Academy of Sciences and the Councils, shall conduct
public hearings in each Council region to obtain comments
on individual fishing quotas for use by the National Academy
of Sciences in preparing the report required by this subsection.
The National Academy of Sciences shall submit a draft report
to the Secretary of Commerce by January 1, 1998. The Secretary of Commerce shall publish in the Federal Register a
notice and opportunity for public comment on the draft of
the report, or any revision thereof. A detailed summary of
comments received and views presented at the hearings, including any dissenting views, shall be included by the National
Academy of Sciences in the final report.
(6) Section 210 of Public Law 104–134 is hereby repealed.
(g) NORTH PACIFIC LOAN PROGRAM.—(1) By not later than
October 1, 1997 the North Pacific Fishery Management Council
shall recommend to the Secretary of Commerce a program which

Establishment.

Reports.
Federal Register,
publication.

16 USC 1851
note.

110 STAT. 3580

Reports.
16 USC 1855
note.

PUBLIC LAW 104–297—OCT. 11, 1996

uses the full amount of fees authorized to be used under section
303(d)(4) of the Magnuson Fishery Conservation and Management
Act, as amended by this Act, in the halibut and sablefish fisheries
off Alaska to guarantee obligations in accordance with such section.
(2)(A) For the purposes of this subsection, the phrase ‘‘fishermen
who fish from small vessels’’ in section 303(d)(4)(A)(i) of such Act
shall mean fishermen wishing to purchase individual fishing quotas
for use from Category B, Category C, or Category D vessels, as
defined in part 676.20(c) of title 50, Code of Federal Regulations
(as revised as of October 1, 1995), whose aggregate ownership
of individual fishing quotas will not exceed the equivalent of a
total of 50,000 pounds of halibut and sablefish harvested in the
fishing year in which a guarantee application is made if the guarantee is approved, who will participate aboard the fishing vessel
in the harvest of fish caught under such quotas, who have at
least 150 days of experience working as part of the harvesting
crew in any United States commercial fishery, and who do not
own in whole or in part any Category A or Category B vessel,
as defined in such part and title of the Code of Federal Regulations.
(B) For the purposes of this subsection, the phrase ‘‘entry
level fishermen’’ in section 303(d)(4)(A)(ii) of such Act shall mean
fishermen who do not own any individual fishing quotas, who
wish to obtain the equivalent of not more than a total of 8,000
pounds of halibut and sablefish harvested in the fishing year in
which a guarantee application is made, and who will participate
aboard the fishing vessel in the harvest of fish caught under such
quotas.
(h) COMMUNITY DEVELOPMENT QUOTA REPORT.—Not later than
October 1, 1998, the National Academy of Sciences, in consultation
with the Secretary, the North Pacific and Western Pacific Councils,
communities and organizations participating in the program,
participants in affected fisheries, and the affected States, shall
submit to the Secretary of Commerce and Congress a comprehensive
report on the performance and effectiveness of the community development quota programs under the authority of the North Pacific
and Western Pacific Councils. The report shall—
(1) evaluate the extent to which such programs have met
the objective of providing communities with the means to
develop ongoing commercial fishing activities;
(2) evaluate the manner and extent to which such programs
have resulted in the communities and residents—
(A) receiving employment opportunities in commercial
fishing and processing; and
(B) obtaining the capital necessary to invest in commercial fishing, fish processing, and commercial fishing support
projects (including infrastructure to support commercial
fishing);
(3) evaluate the social and economic conditions in the
participating communities and the extent to which alternative
private sector employment opportunities exist;
(4) evaluate the economic impacts on participants in the
affected fisheries, taking into account the condition of the fishery resource, the market, and other relevant factors;
(5) recommend a proposed schedule for accomplishing the
developmental purposes of community development quotas; and
(6) address such other matters as the National Academy
of Sciences deems appropriate.

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3581

(i) EXISTING QUOTA PLANS.—Nothing in this Act 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 January 4, 1995.

16 USC 1853
note.

SEC. 109. ACTION BY THE SECRETARY.

(a) SECRETARIAL REVIEW OF PLANS AND REGULATIONS.—Section
304 (16 U.S.C. 1854) is amended by striking subsections (a) and
(b) and inserting the following:
‘‘(a) REVIEW OF PLANS.—
‘‘(1) Upon transmittal by the Council to the Secretary of
a fishery management plan or plan amendment, the Secretary
shall—
‘‘(A) immediately commence a review of the plan or
amendment to determine whether it is consistent with
the national standards, the other provisions of this Act,
and any other applicable law; 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
‘‘(C) recommendations concerning the actions that
could be taken by the Council to conform such plan or
amendment to the requirements of applicable law.
If the Secretary does not notify a Council within 30 days
of the end of the comment period of the approval, disapproval,
or partial approval of a plan or amendment, then such plan
or amendment shall take effect as if approved.
‘‘(4) If the Secretary disapproves or partially approves a
plan or amendment, the Council may submit a revised plan
or amendment to the Secretary for review under this subsection.
‘‘(5) For purposes of this subsection and subsection (b),
the term ‘immediately’ means on or before the 5th day after
the day on which a Council transmits to the Secretary a fishery
management plan, plan amendment, or proposed regulation
that the Council characterizes as final.
‘‘(b) REVIEW OF REGULATIONS.—

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Notice.

110 STAT. 3582

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publication.

Notification.

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PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed
regulations to determine whether they are consistent with the
fishery management plan, plan amendment, this Act and other
applicable law. Within 15 days of initiating such evaluation
the Secretary shall make a determination and—
‘‘(A) if that determination is affirmative, the Secretary
shall publish such regulations in the Federal Register,
with such technical changes as may be necessary for clarity
and an explanation of those changes, for a public comment
period of 15 to 60 days; or
‘‘(B) if that determination is negative, the Secretary
shall notify the Council in writing of the inconsistencies
and provide recommendations on revisions that would
make the proposed regulations consistent with the fishery
management plan, plan amendment, this Act, and other
applicable law.
‘‘(2) Upon receiving a notification under paragraph (1)(B),
the Council may revise the proposed regulations and submit
them to the Secretary for reevaluation under paragraph (1).
‘‘(3) The Secretary shall promulgate final regulations within
30 days after the end of the comment period under paragraph
(1)(A). The Secretary shall consult with the Council before
making any revisions to the proposed regulations, and must
publish in the Federal Register an explanation of any differences between the proposed and final regulations.’’.
(b) PREPARATION BY THE SECRETARY.—Section 304(c) (16 U.S.C.
1854(c)) is amended—
(1) by striking the subsection heading and inserting
‘‘PREPARATION AND REVIEW OF SECRETARIAL PLANS’’;
(2) by striking ‘‘or’’ at the end of paragraph (1)(A);
(3) by striking all that follows ‘‘further revised plan’’ in
paragraph (1) and inserting ‘‘or amendment; or’’;
(4) by inserting after subparagraph (1)(B), as amended,
the following new subparagraph:
‘‘(C) the Secretary is given authority to prepare such
plan or amendment under this section.’’;
(5) by striking paragraph (2) and inserting:
‘‘(2) In preparing any plan or amendment under this subsection, the Secretary shall—
‘‘(A) conduct public hearings, at appropriate times and
locations in the geographical areas concerned, so as to
allow interested persons an opportunity to be heard in
the preparation and amendment of the plan and any regulations implementing the plan; and
‘‘(B) consult with the Secretary of State with respect
to foreign fishing and with the Secretary of the department
in which the Coast Guard is operating with respect to
enforcement at sea.’’;
(6) by inserting ‘‘for a fishery under the authority of a
Council’’ after ‘‘paragraph (1)’’ in paragraph (3);
(7) by striking ‘‘system described in section 303(b)(6)’’ in
paragraph (3) and inserting ‘‘system, including any individual
fishing quota program’’; and
(8) by inserting after paragraph (3) the following new paragraphs:

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3583

‘‘(4) Whenever the Secretary prepares a fishery management plan or plan amendment under this section, the Secretary
shall immediately—
‘‘(A) for a plan or amendment for a fishery under
the authority of a Council, submit such plan or amendment
to the appropriate Council for consideration and comment;
and
‘‘(B) publish in the Federal Register a notice stating
that the plan or amendment is available and that written
information, views, or comments of interested persons on
the plan or amendment may be submitted to the Secretary
during the 60-day period beginning on the date the notice
is published.
‘‘(5) Whenever a plan or amendment is submitted under
paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or
amendment to the Secretary before the close of the 60-day
period referred to in paragraph (4)(B). After the close of such
60-day period, the Secretary, after taking into account any
such comments and recommendations, as well as any views,
information, or comments submitted under paragraph (4)(B),
may adopt such plan or amendment.
‘‘(6) The Secretary may propose regulations in the Federal
Register to implement any plan or amendment prepared by
the Secretary. In the case of a plan or amendment to which
paragraph (4)(A) applies, such regulations shall be submitted
to the Council with such plan or amendment. The comment
period on proposed regulations shall be 60 days, except that
the Secretary may shorten the comment period on minor revisions to existing regulations.
‘‘(7) The Secretary shall promulgate final regulations within
30 days after the end of the comment period under paragraph
(6). The Secretary must publish in the Federal Register an
explanation of any substantive differences between the proposed
and final rules. All final regulations must be consistent with
the fishery management plan, with the national standards and
other provisions of this Act, and with any other applicable
law.’’.
(c) INDIVIDUAL FISHING QUOTA AND COMMUNITY DEVELOPMENT
QUOTA FEES.—Section 304(d) (16 U.S.C. 1854(d)) is amended—
(1) by inserting ‘‘(1)’’ immediately before the first sentence;
and
(2) by inserting at the end the following:
‘‘(2)(A) Notwithstanding paragraph (1), the Secretary is
authorized and shall collect a fee to recover the actual costs
directly related to the management and enforcement of any—
‘‘(i) individual fishing quota program; and
‘‘(ii) community development quota program that allocates a percentage of the total allowable catch of a fishery
to such program.
‘‘(B) Such fee shall not exceed 3 percent of the ex-vessel
value of fish harvested under any such program, and shall
be collected at either the time of the landing, filing of a landing
report, or sale of such fish during a fishing season or in the
last quarter of the calendar year in which the fish is harvested.
‘‘(C)(i) Fees collected under this paragraph shall be in addition to any other fees charged under this Act and shall be

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publication.

Regulations.
Federal Register,
publication.

110 STAT. 3584

16 USC 1854
note.

Reports.

Notification.

Federal Register,
publication.

PUBLIC LAW 104–297—OCT. 11, 1996

deposited in the Limited Access System Administration Fund
established under section 305(h)(5)(B), except that the portion
of any such fees reserved under section 303(d)(4)(A) shall be
deposited in the Treasury and available, subject to annual
appropriations, to cover the costs of new direct loan obligations
and new loan guarantee commitments as required by section
504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1)).
‘‘(ii) Upon application by a State, the Secretary shall transfer to such State up to 33 percent of any fee collected pursuant
to subparagraph (A) under a community development quota
program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs
directly incurred in the management and enforcement of such
program.’’.
(d) DELAY OF FEES.—Notwithstanding any other provision of
law, the Secretary shall not begin the collection of fees under
section 304(d)(2) of the Magnuson Fishery Conservation and
Management Act, as amended by this Act, in the surf clam and
ocean (including mahogany) quahog fishery or in the wreckfish
fishery until after January 1, 2000.
(e) OVERFISHING.—Section 304(e) (16 U.S.C. 1854(e)) is
amended to read as follows:
‘‘(e) REBUILDING OVERFISHED FISHERIES.—
‘‘(1) The Secretary shall report annually to the Congress
and the Councils on the status of fisheries within each Council’s
geographical area of authority and identify those fisheries that
are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such plan
or agreement. A fishery shall be classified as approaching a
condition of being overfished if, based on trends in fishing
effort, fishery resource size, and other appropriate factors, the
Secretary estimates that the fishery will become overfished
within two years.
‘‘(2) If the Secretary determines at any time that a fishery
is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary
shall publish each notice under this paragraph in the Federal
Register.
‘‘(3) Within one year of an identification under paragraph
(1) or notification under paragraphs (2) or (7), the appropriate
Council (or the Secretary, for fisheries under section 302(a)(3))
shall prepare a fishery management plan, plan amendment,
or proposed regulations for the fishery to which the identification or notice applies—
‘‘(A) to end overfishing in the fishery and to rebuild
affected stocks of fish; or
‘‘(B) to prevent overfishing from occurring in the fishery
whenever such fishery is identified as approaching an overfished condition.
‘‘(4) For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared
pursuant to paragraph (3) or paragraph (5) for such fishery
shall—

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3585

‘‘(A) specify a time period for ending overfishing and
rebuilding the fishery that shall—
‘‘(i) be as short as possible, taking into account
the status and biology of any overfished stocks of fish,
the needs of fishing communities, recommendations
by international organizations in which the United
States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and
‘‘(ii) not exceed 10 years, except in cases where
the biology of the stock of fish, other environmental
conditions, or management measures under an international agreement in which the United States participates dictate otherwise;
‘‘(B) allocate both overfishing restrictions and recovery
benefits fairly and equitably among sectors of the fishery;
and
‘‘(C) for fisheries managed under an international
agreement, reflect traditional participation in the fishery,
relative to other nations, by fishermen of the United States.
‘‘(5) If, within the one-year period beginning on the date
of identification or notification that a fishery is overfished,
the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required
by paragraph (3)(A), the Secretary shall prepare a fishery
management plan or plan amendment and any accompanying
regulations to stop overfishing and rebuild affected stocks of
fish within 9 months under subsection (c).
‘‘(6) During the development of a fishery management plan,
a plan amendment, or proposed regulations required by this
subsection, the Council may request the Secretary to implement
interim measures to reduce overfishing under section 305(c)
until such measures can be replaced by such plan, amendment,
or regulations. Such measures, if otherwise in compliance with
the provisions of this Act, may be implemented even though
they are not sufficient by themselves to stop overfishing of
a fishery.
‘‘(7) The Secretary shall review any fishery management
plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years.
If the Secretary finds as a result of the review that such
plan, amendment, or regulations have not resulted in adequate
progress toward ending overfishing and rebuilding affected fish
stocks, the Secretary shall—
‘‘(A) in the case of a fishery to which section 302(a)(3)
applies, immediately make revisions necessary to achieve
adequate progress; or
‘‘(B) for all other fisheries, immediately notify the
appropriate Council. Such notification shall recommend further conservation and management measures which the
Council should consider under paragraph (3) to achieve
adequate progress.’’.
(f) FISHERIES UNDER AUTHORITY OF MORE THAN ONE COUNCIL.—Section 304(f) is amended by striking paragraph (3).
(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—Section 304 (16
U.S.C. 1854) is amended further by striking subsection (g) and
inserting the following:

Notification.

110 STAT. 3586

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—(1) PREPARATION
AND IMPLEMENTATION OF PLAN OR PLAN AMENDMENT.—The Sec-

16 USC 1854
note.

retary shall prepare a fishery management plan or plan amendment
under subsection (c) with respect to any highly migratory species
fishery to which section 302(a)(3) applies. In preparing and
implementing any such plan or amendment, the Secretary shall—
‘‘(A) consult with and consider the comments and views
of affected Councils, commissioners and advisory groups
appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and
the advisory panel established under section 302(g);
‘‘(B) establish an advisory panel under section 302(g) for
each fishery management plan to be prepared under this paragraph;
‘‘(C) 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;
‘‘(D) with respect to a highly migratory species for which
the United States is authorized to harvest an allocation, quota,
or at a fishing mortality level under a relevant international
fishery agreement, provide fishing vessels of the United States
with a reasonable opportunity to harvest such allocation, quota,
or at such fishing mortality level;
‘‘(E) review, on a continuing basis (and promptly whenever
a recommendation pertaining to fishing for highly migratory
species has been made under a relevant international fishery
agreement), and revise as appropriate, the conservation and
management measures included in the plan;
‘‘(F) diligently pursue, through international entities (such
as the International Commission for the Conservation of Atlantic Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and
‘‘(G) ensure that conservation and management measures
under this subsection—
‘‘(i) promote international conservation of the affected
fishery;
‘‘(ii) take into consideration traditional fishing patterns
of fishing vessels of the United States and the operating
requirements of the fisheries;
‘‘(iii) are fair and equitable in allocating fishing privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
‘‘(iv) promote, to the extent practicable, implementation
of scientific research programs that include the tagging
and release of Atlantic highly migratory species.
‘‘(2) CERTAIN FISH EXCLUDED FROM ‘BYCATCH’ DEFINITION.—Notwithstanding section 3(2), fish harvested in a commercial fishery
managed by the Secretary under this subsection or the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory discards and that are tagged and released alive under a
scientific tagging and release program established by the Secretary
shall not be considered bycatch for purposes of this Act.’’.
(h) COMPREHENSIVE MANAGEMENT SYSTEM FOR ATLANTIC
PELAGIC LONGLINE FISHERY.—(1) The Secretary of Commerce
shall—

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3587

(A) establish an advisory panel under section 302(g)(4)
of the Magnuson Fishery Conservation and Management Act,
as amended by this Act, for pelagic longline fishing vessels
that participate in fisheries for Atlantic highly migratory species;
(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for
future management programs;
(C) to the extent practicable and necessary for the evaluation of options for a comprehensive management system,
recover vessel production records; and
(D) complete by January 1, 1998, a comprehensive study
on the feasibility of implementing a comprehensive management system for pelagic longline fishing vessels that participate
in fisheries for Atlantic highly migratory species, including,
but not limited to, individual fishing quota programs and other
limited access systems.
(2) Based on the study under paragraph (1)(D) and consistent
with the requirements of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), in cooperation with
affected participants in the fishery, the United States Commissioners on the International Commission for the Conservation of
Atlantic Tunas, and the advisory panel established under paragraph
(1)(A), the Secretary of Commerce may, after October 1, 1998,
implement a comprehensive management system pursuant to section 304 of such Act (16 U.S.C. 1854) for pelagic longline fishing
vessels that participate in fisheries for Atlantic highly migratory
species. Such a system may not implement an individual fishing
quota program until after October 1, 2000.
(i) REPEAL OR REVOCATION OF A FISHERY MANAGEMENT PLAN.—
Section 304, as amended, is further amended by adding at the
end the following:
‘‘(h) REPEAL OR REVOCATION OF A FISHERY MANAGEMENT
PLAN.—The Secretary may repeal or revoke a fishery management
plan for a fishery under the authority of a Council only if the
Council approves the repeal or revocation by a three-quarters majority of the voting members of the Council.’’.
(j) AMERICAN LOBSTER FISHERY.—Section 304(h) of the Magnuson Fishery Conservation and Management Act, as amended by
this Act, shall not apply to the American Lobster Fishery Management Plan.

16 USC 1854
note.

SEC. 110. OTHER REQUIREMENTS AND AUTHORITY.

(a) Section 305 (18 U.S.C. 1855) is amended—
(1) by striking the title and subsection (a);
(2) by redesignating subsection (b) as subsection (f); and
(3) by inserting the following before subsection (c):
‘‘SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.

‘‘(a) GEAR EVALUATION AND NOTIFICATION OF ENTRY.—
‘‘(1) Not later than 18 months after the date of enactment
of the Sustainable Fisheries Act, the Secretary shall publish
in the Federal Register, after notice and an opportunity for
public comment, a list of all fisheries—
‘‘(A) under the authority of each Council and all fishing
gear used in such fisheries, based on information submitted
by the Councils under section 303(a); and

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110 STAT. 3588

Guidelines.

Effective date.

Publication.

Regulations.
Guidelines.

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(B) to which section 302(a)(3) applies and all fishing
gear used in such fisheries.
‘‘(2) The Secretary shall include with such list guidelines
for determining when fishing gear or a fishery is sufficiently
different from those listed as to require notification under paragraph (3).
‘‘(3) Effective 180 days after the publication of such list,
no person or vessel may employ fishing gear or engage in
a fishery not included on such list without giving 90 days
advance written notice to the appropriate Council, or the Secretary with respect to a fishery to which section 302(a)(3)
applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90day period begins.
‘‘(4) A Council may submit to the Secretary any proposed
changes to such list or such guidelines the Council deems
appropriate. The Secretary shall publish a revised list, after
notice and an opportunity for public comment, upon receiving
any such proposed changes from a Council.
‘‘(5) A Council may request the Secretary to promulgate
emergency regulations under subsection (c) to prohibit any
persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery if the appropriate Council, or the
Secretary for fisheries to which section 302(a)(3) applies, determines that such unlisted gear or unlisted fishery would compromise the effectiveness of conservation and management
efforts under this Act.
‘‘(6) Nothing in this subsection shall be construed to permit
a person or vessel to engage in fishing or employ fishing gear
when such fishing or gear is prohibited or restricted by regulation under a fishery management plan or plan amendment,
or under other applicable law.
‘‘(b) FISH HABITAT.—(1)(A) The Secretary shall, within 6 months
of the date of enactment of the Sustainable Fisheries Act, establish
by regulation guidelines to assist the Councils in the description
and identification of essential fish habitat in fishery management
plans (including adverse impacts on such habitat) and in the consideration of actions to ensure the conservation and enhancement
of such habitat. The Secretary shall set forth a schedule for the
amendment of fishery management plans to include the identification of essential fish habitat and for the review and updating
of such identifications based on new scientific evidence or other
relevant information.
‘‘(B) The Secretary, in consultation with participants in the
fishery, shall provide each Council with recommendations and
information regarding each fishery under that Council’s authority
to assist it in the identification of essential fish habitat, the adverse
impacts on that habitat, and the actions that should be considered
to ensure the conservation and enhancement of that habitat.
‘‘(C) The Secretary shall review programs administered by the
Department of Commerce and ensure that any relevant programs
further the conservation and enhancement of essential fish habitat.
‘‘(D) The Secretary shall coordinate with and provide information to other Federal agencies to further the conservation and
enhancement of essential fish habitat.
‘‘(2) Each Federal agency shall consult with the Secretary with
respect to any action authorized, funded, or undertaken, or proposed

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3589

to be authorized, funded, or undertaken, by such agency that may
adversely affect any essential fish habitat identified under this
Act.
‘‘(3) Each Council—
‘‘(A) may comment on and make recommendations to the
Secretary and any Federal or State agency concerning any
activity authorized, funded, or undertaken, or proposed to be
authorized, funded, or undertaken, by any Federal or State
agency that, in the view of the Council, may affect the habitat,
including essential fish habitat, of a fishery resource under
its authority; and
‘‘(B) shall comment on and make recommendations to the
Secretary and any Federal or State agency concerning any
such activity that, in the view of the Council, is likely to
substantially affect the habitat, including essential fish habitat,
of an anadromous fishery resource under its authority.
‘‘(4)(A) If the Secretary receives information from a Council
or Federal or State agency or determines from other sources that
an action authorized, funded, or undertaken, or proposed to be
authorized, funded, or undertaken, by any State or Federal agency
would adversely affect any essential fish habitat identified under
this Act, the Secretary shall recommend to such agency measures
that can be taken by such agency to conserve such habitat.
‘‘(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed
response in writing to any Council commenting under paragraph
(3) and the Secretary regarding the matter. The response shall
include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such
habitat. In the case of a response that is inconsistent with the
recommendations of the Secretary, the Federal agency shall explain
its reasons for not following the recommendations.’’.
(b) Section 305(c) (16 U.S.C. 1855(c)) is amended—
(1) in the heading by striking ‘‘ACTIONS’’ and inserting
‘‘ACTIONS AND INTERIM MEASURES’’;
(2) in paragraphs (1) and (2)—
(A) by striking ‘‘involving’’ and inserting ‘‘or that
interim measures are needed to reduce overfishing for’’;
and
(B) by inserting ‘‘or interim measures’’ after ‘‘emergency regulations’’; and
(C) by inserting ‘‘or overfishing’’ after ‘‘emergency’’;
and
(3) in paragraph (3)—
(A) by inserting ‘‘or interim measure’’ after ‘‘emergency
regulation’’ each place such term appears;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (D); and
(D) by inserting after subparagraph (A) the following:
‘‘(B) shall, except as provided in subparagraph (C),
remain in effect for not more than 180 days after the
date of publication, and may be extended by publication
in the Federal Register for one additional period of not
more than 180 days, provided the public has had an opportunity to comment on the emergency regulation or interim
measure, and, in the case of a Council recommendation

110 STAT. 3590

16 USC 1855.

Regulations.

Reports.

Federal Register,
publication.

Establishment.

PUBLIC LAW 104–297—OCT. 11, 1996

for emergency regulations or interim measures, the Council
is actively preparing a fishery management plan, plan
amendment, or proposed regulations to address the emergency or overfishing on a permanent basis;
‘‘(C) that responds to a public health emergency or
an oil spill may remain in effect until the circumstances
that created the emergency no longer exist, Provided, That
the public has an opportunity to comment after the regulation is published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs
with the Secretary’s action; and’’.
(c) Section 305(e) is amended—
(1) by striking ‘‘12291, dated February 17, 1981,’’ and
inserting ‘‘12866, dated September 30, 1993,’’; and
(2) by striking ‘‘subsection (c) or section 304(a) and (b)’’
and inserting ‘‘subsections (a), (b), and (c) of section 304’’.
(d) Section 305, as amended, is further amended by adding
at the end the following:
‘‘(g) NEGOTIATED CONSERVATION AND MANAGEMENT MEASURES.—
‘‘(1)(A) In accordance with regulations promulgated by the
Secretary pursuant to this paragraph, a Council may establish
a fishery negotiation panel to assist in the development of
specific conservation and management measures for a fishery
under its authority. The Secretary may establish a fishery
negotiation panel to assist in the development of specific conservation and management measures required for a fishery
under section 304(e)(5), for a fishery for which the Secretary
has authority under section 304(g), or for any other fishery
with the approval of the appropriate Council.
‘‘(B) No later than 180 days after the date of enactment
of the Sustainable Fisheries Act, the Secretary shall promulgate
regulations establishing procedures, developed in cooperation
with the Administrative Conference of the United States, for
the establishment and operation of fishery negotiation panels.
Such procedures shall be comparable to the procedures for
negotiated rulemaking established by subchapter III of chapter
5 of title 5, United States Code.
‘‘(2) If a negotiation panel submits a report, such report
shall specify all the areas where consensus was reached by
the panel, including, if appropriate, proposed conservation and
management measures, as well as any other information
submitted by members of the negotiation panel. Upon receipt,
the Secretary shall publish such report in the Federal Register
for public comment.
‘‘(3) Nothing in this subsection shall be construed to require
either a Council or the Secretary, whichever is appropriate,
to use all or any portion of a report from a negotiation panel
established under this subsection in the development of specific
conservation and management measures for the fishery for
which the panel was established.
‘‘(h) CENTRAL REGISTRY SYSTEM FOR LIMITED ACCESS SYSTEM
PERMITS.—
‘‘(1) Within 6 months after the date of enactment of the
Sustainable Fisheries Act, the Secretary shall establish an
exclusive central registry system (which may be administered
on a regional basis) for limited access system permits estab-

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3591

lished under section 303(b)(6) or other Federal law, including
individual fishing quotas, which shall provide for the registration of title to, and interests in, such permits, as well as
for procedures for changes in the registration of title to such
permits upon the occurrence of involuntary transfers, judicial
or nonjudicial foreclosure of interests, enforcement of judgments
thereon, and related matters deemed appropriate by the Secretary. Such registry system shall—
‘‘(A) provide a mechanism for filing notice of a nonjudicial foreclosure or enforcement of a judgment by which
the holder of a senior security interest acquires or conveys
ownership of a permit, and in the event of a nonjudicial
foreclosure, by which the interests of the holders of junior
security interests are released when the permit is transferred;
‘‘(B) provide for public access to the information filed
under such system, notwithstanding section 402(b); and
‘‘(C) provide such notice and other requirements of
applicable law that the Secretary deems necessary for an
effective registry system.
‘‘(2) The Secretary shall promulgate such regulations as
may be necessary to carry out this subsection, after consulting
with the Councils and providing an opportunity for public comment. The Secretary is authorized to contract with non-Federal
entities to administer the central registry system.
‘‘(3) To be effective and perfected against any person except
the transferor, its heirs and devisees, and persons having actual
notice thereof, all security interests, and all sales and other
transfers of permits described in paragraph (1), shall be registered in compliance with the regulations promulgated under
paragraph (2). Such registration shall constitute the exclusive
means of perfection of title to, and security interests in, such
permits, except for Federal tax liens thereon, which shall be
perfected exclusively in accordance with the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify
both the buyer and seller of a permit if a lien has been filed
by the Secretary of the Treasury against the permit before
collecting any transfer fee under paragraph (5) of this subsection.
‘‘(4) The priority of security interests shall be determined
in order of filing, the first filed having the highest priority.
A validly-filed security interest shall remain valid and perfected
notwithstanding a change in residence or place of business
of the owner of record. For the purposes of this subsection,
‘security interest’ shall include security interests, assignments,
liens and other encumbrances of whatever kind.
‘‘(5)(A) Notwithstanding section 304(d)(1), the Secretary
shall collect a reasonable fee of not more than one-half of
one percent of the value of a limited access system permit
upon registration of the title to such permit with the central
registry system and upon the transfer of such registered title.
Any such fee collected shall be deposited in the Limited Access
System Administration Fund established under subparagraph
(B).
‘‘(B) There is established in the Treasury a Limited Access
System Administration Fund. The Fund shall be available,

Public
information.

Regulations.

Notification.

110 STAT. 3592

16 USC 1855
note.

PUBLIC LAW 104–297—OCT. 11, 1996

without appropriation or fiscal year limitation, only to the
Secretary for the purposes of—
‘‘(i) administering the central registry system; and
‘‘(ii) administering and implementing this Act in the
fishery in which the fees were collected. Sums in the Fund
that are not currently needed for these purposes shall
be kept on deposit or invested in obligations of, or guaranteed by, the United States.’’.
(e) REGISTRY TRANSITION.—Security interests on permits
described under section 305(h)(1) of the Magnuson Fishery Conservation and Management Act, as amended by this Act, that are
effective and perfected by otherwise applicable law on the date
of the final regulations implementing section 305(h) shall remain
effective and perfected if, within 120 days after such date, the
secured party submits evidence satisfactory to the Secretary of
Commerce and in compliance with such regulations of the perfection
of such security.
SEC. 111. PACIFIC COMMUNITY FISHERIES.

Establishment.

(a) HAROLD SPARCK MEMORIAL COMMUNITY DEVELOPMENT
QUOTA PROGRAM.—Section 305, as amended, is amended further
by adding at the end:
‘‘(i) ALASKA AND WESTERN PACIFIC COMMUNITY DEVELOPMENT
PROGRAMS.—
‘‘(1)(A) The North Pacific Council and the Secretary shall
establish a western Alaska community development quota program under which a percentage of the total allowable catch
of any Bering Sea fishery is allocated to the program.
‘‘(B) To be eligible to participate in the western Alaska
community development quota program under subparagraph
(A) a community shall—
‘‘(i) be located within 50 nautical miles from the baseline from which the breadth of the territorial sea is measured along the Bering Sea coast from the Bering Strait
to the western most of the Aleutian Islands, or on an
island within the Bering Sea;
‘‘(ii) not be located on the Gulf of Alaska coast of
the north Pacific Ocean;
‘‘(iii) meet criteria developed by the Governor of Alaska,
approved by the Secretary, and published in the Federal
Register;
‘‘(iv) be certified by the Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) to be a Native village;
‘‘(v) consist of residents who conduct more than onehalf of their current commercial or subsistence fishing effort
in the waters of the Bering Sea or waters surrounding
the Aleutian Islands; and
‘‘(vi) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in the groundfish fisheries in the Bering Sea,
unless the community can show that the benefits from
an approved Community Development Plan would be the
only way for the community to realize a return from previous investments.
‘‘(C)(i) Prior to October 1, 2001, the North Pacific Council
may not submit to the Secretary any fishery management plan,

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3593

plan amendment, or regulation that allocates to the western
Alaska community development quota program a percentage
of the total allowable catch of any Bering Sea fishery for which,
prior to October 1, 1995, the Council had not approved a
percentage of the total allowable catch for allocation to such
community development quota program. The expiration of any
plan, amendment, or regulation that meets the requirements
of clause (ii) prior to October 1, 2001, shall not be construed
to prohibit the Council from submitting a revision or extension
of such plan, amendment, or regulation to the Secretary if
such revision or extension complies with the other requirements
of this paragraph.
‘‘(ii) With respect to a fishery management plan, plan
amendment, or regulation for a Bering Sea fishery that—
‘‘(I) allocates to the western Alaska community development quota program a percentage of the total allowable
catch of such fishery; and
‘‘(II) was approved by the North Pacific Council prior
to October 1, 1995;
the Secretary shall, except as provided in clause (iii) and after
approval of such plan, amendment, or regulation under section
304, allocate to the program the percentage of the total allowable catch described in such plan, amendment, or regulation.
Prior to October 1, 2001, the percentage submitted by the
Council and approved by the Secretary for any such plan,
amendment, or regulation shall be no greater than the percentage approved by the Council for such fishery prior to October
1, 1995.
‘‘(iii) The Secretary shall phase in the percentage for
community development quotas approved in 1995 by the North
Pacific Council for the Bering Sea crab fisheries as follows:
‘‘(I) 3.5 percent of the total allowable catch of each
such fishery for 1998 shall be allocated to the western
Alaska community development quota program;
‘‘(II) 5 percent of the total allowable catch of each
such fishery for 1999 shall be allocated to the western
Alaska community development quota program; and
‘‘(III) 7.5 percent of the total allowable catch of each
such fishery for 2000 and thereafter shall be allocated
to the western Alaska community development quota program, unless the North Pacific Council submits and the
Secretary approves a percentage that is no greater than
7.5 percent of the total allowable catch of each such fishery
for 2001 or the North Pacific Council submits and the
Secretary approves any other percentage on or after October 1, 2001.
‘‘(D) This paragraph shall not be construed to require the
North Pacific Council to resubmit, or the Secretary to reapprove, any fishery management plan or plan amendment
approved by the North Pacific Council prior to October 1, 1995,
that includes a community development quota program, or
any regulations to implement such plan or amendment.
‘‘(2)(A) The Western Pacific Council and the Secretary may
establish a western Pacific community development program
for any fishery under the authority of such Council in order
to provide access to such fishery for western Pacific communities that participate in the program.

110 STAT. 3594

16 USC 1855
note.

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(B) To be eligible to participate in the western Pacific
community development program, a community shall—
‘‘(i) be located within the Western Pacific Regional
Fishery Management Area;
‘‘(ii) meet criteria developed by the Western Pacific
Council, approved by the Secretary and published in the
Federal Register;
‘‘(iii) consist of community residents who are descended
from the aboriginal people indigenous to the area who
conducted commercial or subsistence fishing using traditional fishing practices in the waters of the Western Pacific
region;
‘‘(iv) not have previously developed harvesting or
processing capability sufficient to support substantial
participation in fisheries in the Western Pacific Regional
Fishery Management Area; and
‘‘(v) develop and submit a Community Development
Plan to the Western Pacific Council and the Secretary.
‘‘(C) In developing the criteria for eligible communities
under subparagraph (B)(ii), the Western Pacific Council shall
base such criteria on traditional fishing practices in or dependence on the fishery, the cultural and social framework relevant
to the fishery, and economic barriers to access to the fishery.
‘‘(D) For the purposes of this subsection ‘Western Pacific
Regional Fishery Management Area’ means the area under
the jurisdiction of the Western Pacific Council, or an island
within such area.
‘‘(E) Notwithstanding any other provision of this Act, the
Western Pacific Council shall take into account traditional
indigenous fishing practices in preparing any fishery management plan.
‘‘(3) The Secretary shall deduct from any fees collected
from a community development quota program under section
304(d)(2) the costs incurred by participants in the program
for observer and reporting requirements which are in addition
to observer and reporting requirements of other participants
in the fishery in which the allocation to such program has
been made.
‘‘(4) After the date of enactment of the Sustainable Fisheries Act, the North Pacific Council and Western Pacific Council
may not submit to the Secretary a community development
quota program that is not in compliance with this subsection.’’.
(b) WESTERN PACIFIC DEMONSTRATION PROJECTS.—(1) The Secretary of Commerce and the Secretary of the Interior are authorized
to make direct grants to eligible western Pacific communities, as
recommended by the Western Pacific Fishery Management Council,
for the purpose of establishing not less than three and not more
than five fishery demonstration projects to foster and promote traditional indigenous fishing practices. The total amount of grants
awarded under this subsection shall not exceed $500,000 in each
fiscal year.
(2) Demonstration projects funded pursuant to this subsection
shall foster and promote the involvement of western Pacific communities in western Pacific fisheries and may—
(A) identify and apply traditional indigenous fishing practices;

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3595

(B) develop or enhance western Pacific community-based
fishing opportunities; and
(C) involve research, community education, or the acquisition of materials and equipment necessary to carry out any
such demonstration project.
(3)(A) The Western Pacific Fishery Management Council, in
consultation with the Secretary of Commerce, shall establish an
advisory panel under section 302(g) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate,
determine the relative merits of, and annually rank applications
for such grants. The panel shall consist of not more than 8 individuals who are knowledgeable or experienced in traditional indigenous
fishery practices of western Pacific communities and who are not
members or employees of the Western Pacific Fishery Management
Council.
(B) If the Secretary of Commerce or the Secretary of the Interior
awards a grant for a demonstration project not in accordance with
the rank given to such project by the advisory panel, the Secretary
shall provide a detailed written explanation of the reasons therefor.
(4) The Western Pacific Fishery Management Council shall,
with the assistance of such advisory panel, submit an annual report
to the Congress assessing the status and progress of demonstration
projects carried out under this subsection.
(5) Appropriate Federal agencies may provide technical assistance to western Pacific community-based entities to assist in carrying out demonstration projects under this subsection.
(6) For the purposes of this subsection, ‘western Pacific community’ shall mean a community eligible to participate under section
305(i)(2)(B) of the Magnuson Fishery Conservation and Management Act, as amended by this Act.

Reports.

SEC. 112. STATE JURISDICTION.

(a) Paragraph (3) of section 306(a) (16 U.S.C. 1856(a)) is amended to read as follows:
‘‘(3) A State may regulate a fishing vessel outside the
boundaries of the State in the following circumstances:
‘‘(A) The fishing vessel is registered under the law
of that State, and (i) there is no fishery management plan
or other applicable Federal fishing regulations for the fishery in which the vessel is operating; or (ii) the State’s
laws and regulations are consistent with the fishery
management plan and applicable Federal fishing regulations for the fishery in which the vessel is operating.
‘‘(B) The fishery management plan for the fishery in
which the fishing vessel is operating delegates management
of the fishery to a State and the State’s laws and regulations are consistent with such fishery management plan.
If at any time the Secretary determines that a State law
or regulation applicable to a fishing vessel under this circumstance is not consistent with the fishery management
plan, the Secretary shall promptly notify the State and
the appropriate Council of such determination and provide
an opportunity for the State to correct any inconsistencies
identified in the notification. If, after notice and opportunity
for corrective action, the State does not correct the
inconsistencies identified by the Secretary, the authority
granted to the State under this subparagraph shall not

Notification.

110 STAT. 3596

Termination
date.

Reports.
Regulations.

16 USC 1856
note.

Applicability.

PUBLIC LAW 104–297—OCT. 11, 1996

apply until the Secretary and the appropriate Council find
that the State has corrected the inconsistencies. For a
fishery for which there was a fishery management plan
in place on August 1, 1996 that did not delegate management of the fishery to a State as of that date, the authority
provided by this subparagraph applies only if the Council
approves the delegation of management of the fishery to
the State by a three-quarters majority vote of the voting
members of the Council.
‘‘(C) The fishing vessel is not registered under the
law of the State of Alaska and is operating in a fishery
in the exclusive economic zone off Alaska for which there
was no fishery management plan in place on August 1,
1996, and the Secretary and the North Pacific Council
find that there is a legitimate interest of the State of
Alaska in the conservation and management of such fishery. The authority provided under this subparagraph shall
terminate when a fishery management plan under this
Act is approved and implemented for such fishery.’’.
(b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding
at the end the following:
‘‘(3) If the State involved requests that a hearing be held
pursuant to paragraph (1), the Secretary shall conduct such
hearing prior to taking any action under paragraph (1).’’.
(c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended—
(1) by striking ‘‘(4)(C); and’’ in subparagraph (A) and inserting ‘‘(4)(C) or has received a permit under section 204(d);’’;
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon and the word ‘‘and’’; and
(3) by inserting after subparagraph (B) the following:
‘‘(C) the owner or operator of the vessel submits reports
on the tonnage of fish received from vessels of the United
States and the locations from which such fish were harvested, in accordance with such procedures as the Secretary
by regulation shall prescribe.’’.
(d) INTERIM AUTHORITY FOR DUNGENESS CRAB.—(1) Subject
to the provisions of this subsection and notwithstanding section
306(a) of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1856(a)), the States of Washington, Oregon, and
California may each enforce State laws and regulations governing
fish harvesting and processing against any vessel operating in
the exclusive economic zone off each respective State in a fishery
for Dungeness crab (Cancer magister) for which there is no fishery
management plan implemented under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(2) Any law or regulation promulgated under this subsection shall apply equally to vessels operating in the exclusive
economic zone and adjacent State waters and shall be limited
to—
(A) establishment of season opening and closing dates,
including presoak dates for crab pots;
(B) setting of minimum sizes and crab meat recovery
rates;
(C) restrictions on the retention of crab of a certain
sex; and

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3597

(D) closure of areas or pot limitations to meet the
harvest requirements arising under the jurisdiction of
United States v. Washington, subproceeding 89–3.
(3) With respect to the States of Washington, Oregon, and
California—
(A) any State law limiting entry to a fishery subject
to regulation under this subsection may not be enforced
against a vessel that is operating in the exclusive economic
zone off that State and is not registered under the law
of that State, if the vessel is otherwise legally fishing
in the exclusive economic zone, except that State laws
regulating landings may be enforced; and
(B) no vessel may harvest or process fish which is
subject to regulation under this subsection unless under
an appropriate State permit or pursuant to a Federal court
order.
(4) The authority provided under this subsection to regulate
the Dungeness crab fishery shall terminate on October 1, 1999,
or when a fishery management plan is implemented under
the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) for such fishery, whichever date is earlier.
(5) Nothing in this subsection shall reduce the authority
of any State, as such authority existed on July 1, 1996, to
regulate fishing, fish processing, or landing of fish.
(6)(A) It is the sense of Congress that the Pacific Fishery
Management Council, at the earliest practicable date, should
develop and submit to the Secretary fishery management plans
for shellfish fisheries conducted in the geographic area of
authority of the Council, especially Dungeness crab, which are
not subject to a fishery management plan on the date of enactment of this Act.
(B) Not later than December 1, 1997, the Pacific Fishery
Management Council shall provide a report to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives
describing the progress in developing the fishery management
plans referred to in subparagraph (A) and any impediments
to such progress.
SEC. 113. PROHIBITED ACTS.

(a) Section 307(1)(J)(i) (16 U.S.C. 1857(1)(J)(i)) is amended—
(1) by striking ‘‘plan,’’ and inserting ‘‘plan’’; and
(2) by inserting before the semicolon the following: ‘‘, or
in the absence of any such plan, is smaller than the minimum
possession size in effect at the time under a coastal fishery
management plan for American lobster adopted by the Atlantic
States Marine Fisheries Commission under the Atlantic Coastal
Fisheries Cooperative Management Act (16 U.S.C. 5101 et
seq.)’’.
(b) Section 307(1)(K) (16 U.S.C. 1857(1)(K)) is amended—
(1) by striking ‘‘knowingly steal or without authorization,
to’’ and inserting ‘‘to steal or attempt to steal or to negligently
and without authorization’’; and
(2) by striking ‘‘gear, or attempt to do so;’’ and insert
‘‘gear;’’.
(c) Section 307(1)(L) (16 U.S.C. 1857(1)(L)) is amended to read
as follows:

Termination
date.

Reports.

110 STAT. 3598

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(L) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer
on a vessel under this Act, or any data collector employed
by the National Marine Fisheries Service or under contract
to any person to carry out responsibilities under this Act;’’.
(d) Section 307(1) (16 U.S.C. 1857(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (M);
(2) by striking ‘‘pollock.’’ in subparagraph (N) and inserting
‘‘pollock; or’’; and
(3) by adding at the end the following:
‘‘(O) to knowingly and willfully fail to disclose, or to
falsely disclose, any financial interest as required under
section 302(j), or to knowingly vote on a Council decision
in violation of section 302(j)(7)(A).’’.
(e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read
as follows:
‘‘(A) in fishing within the boundaries of any State,
except—
‘‘(i) recreational fishing permitted under section
201(i);
‘‘(ii) fish processing permitted under section 306(c);
or
‘‘(iii) transshipment at sea of fish or fish products
within the boundaries of any State in accordance with
a permit approved under section 204(d);’’.
(f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended—
(1) by striking ‘‘(j)’’ and inserting ‘‘(i)’’; and
(2) by striking ‘‘204(b) or (c)’’ and inserting ‘‘204(b), (c),
or (d)’’.
(g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as
follows:
‘‘(3) for any vessel of the United States, and for the owner
or operator of any vessel of the United States, to 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(d) or section 306(c) to receive such fish;’’.
(h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting
‘‘or within the boundaries of any State’’ after ‘‘zone’’.
SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE
PRESUMPTIONS.

(a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking
‘‘ability to pay,’’ and adding at the end the following new sentence:
‘‘In assessing such penalty the Secretary may also consider any
information provided by the violator relating to the ability of the
violator to pay, Provided, That the information is served on the
Secretary at least 30 days prior to an administrative hearing.’’.
(b) The first sentence of section 308(b) (16 U.S.C. 1858(b))
is amended to read as follows: ‘‘Any person against whom a civil
penalty is assessed 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 dis-

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3599

trict by filing a complaint against the Secretary in such court
within 30 days from the date of such order.’’.
(c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended
by striking the matter from ‘‘or (C) any’’ through ‘‘overdue,’’ and
inserting the following: ‘‘(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other property, or any civil penalty
or criminal fine imposed on a vessel or owner or operator of a
vessel or any other person who has been issued or has applied
for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment
required for observer services provided to or contracted by an owner
or operator who has been issued a permit or applied for a permit
under any marine resource law administered by the Secretary has
not been paid and is overdue,’’.
(d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding
at the end the following new paragraph:
‘‘(3) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer
boundary of the exclusive economic zone of the United States
or beyond the exclusive economic zone of any nation, and that
has gear on board that is capable of use for large-scale driftnet
fishing, is engaged in such fishing.’’.
SEC. 115. ENFORCEMENT.

(a) The second sentence of section 311(d) (16 U.S.C. 1861(d))
is amended—
(1) by striking ‘‘Guam, any Commonwealth, territory, or’’
and inserting ‘‘Guam or any’’; and
(2) by inserting a comma before the period and the following: ‘‘and except that in the case of the Northern Mariana
Islands, the appropriate court is the United States District
Court for the District of the Northern Mariana Islands’’.
(b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended—
(1) by striking ‘‘fishery’’ each place it appears and inserting
‘‘marine’’;
(2) by inserting ‘‘of not less than 20 percent of the penalty
collected or $20,000, whichever is the lesser amount,’’ after
‘‘reward’’ in subparagraph (B), and
(3) by striking subparagraph (E) and inserting the following:
‘‘(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’’.
(c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read
as follows:
‘‘(2) Any person found in an administrative or judicial
proceeding to have violated this Act or any other marine
resource law enforced by the Secretary shall be liable for the
cost incurred in the sale, storage, care, and maintenance of
any fish or other property lawfully seized in connection with
the violation.’’.

110 STAT. 3600

PUBLIC LAW 104–297—OCT. 11, 1996

(d) Section 311 (16 U.S.C. 1861) is amended by redesignating
subsection (g) as subsection (h), and by inserting the following
after subsection (f):
‘‘(g) ENFORCEMENT IN THE PACIFIC INSULAR AREAS.—The Secretary, in consultation with the Governors of the Pacific Insular
Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.’’.
(e) Section 311 (16 U.S.C. 1861), as amended by subsection
(d), is amended by striking ‘‘201(b), (c),’’ in subsection (i)(1), as
redesignated, and inserting ‘‘201(b) or (c), or section 204(d),’’.
SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES.
16 USC 1861a.

(a) Section 312 is amended to read as follows:
‘‘SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

Appropriation
authorization.

‘‘(a) FISHERIES DISASTER RELIEF.—(1) At the discretion of the
Secretary or at the request of the Governor of an affected State
or a fishing community, the Secretary shall determine whether
there is a commercial fishery failure due to a fishery resource
disaster as a result of—
‘‘(A) natural causes;
‘‘(B) man-made causes beyond the control of fishery managers to mitigate through conservation and management measures; or
‘‘(C) undetermined causes.
‘‘(2) Upon the determination under paragraph (1) that there
is a commercial fishery failure, the Secretary is authorized to make
sums available to be used by the affected State, fishing community,
or by the Secretary in cooperation with the affected State or fishing
community for assessing the economic and social effects of the
commercial fishery failure, or any activity that the Secretary determines is appropriate to restore the fishery or prevent a similar
failure in the future and to assist a fishing community affected
by such failure. Before making funds available for an activity
authorized under this section, the Secretary shall make a determination that such activity will not expand the size or scope of
the commercial fishery failure in that fishery or into other fisheries
or other geographic regions.
‘‘(3) The Federal share of the cost of any activity carried out
under the authority of this subsection shall not exceed 75 percent
of the cost of that activity.
‘‘(4) There are authorized to be appropriated to the Secretary
such sums as are necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘(b) FISHING CAPACITY REDUCTION PROGRAM.—(1) The Secretary, at the request of the appropriate Council for fisheries under
the authority of such Council, or the Governor of a State for fisheries
under State authority, may conduct a fishing capacity reduction
program (referred to in this section as the ‘program’) in a fishery
if the Secretary determines that the program—
‘‘(A) is necessary to prevent or end overfishing, rebuild
stocks of fish, or achieve measurable and significant improvements in the conservation and management of the fishery;
‘‘(B) is consistent with the Federal or State fishery management plan or program in effect for such fishery, as appropriate,
and that the fishery management plan—

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3601

‘‘(i) will prevent the replacement of fishing capacity
removed by the program through a moratorium on new
entrants, restrictions on vessel upgrades, and other effort
control measures, taking into account the full potential
fishing capacity of the fleet; and
‘‘(ii) establishes a specified or target total allowable
catch or other measures that trigger closure of the fishery
or adjustments to reduce catch; and
‘‘(C) is cost-effective and capable of repaying any debt
obligation incurred under section 1111 of title XI of the Merchant Marine Act, 1936.
‘‘(2) The objective of the program shall be to obtain the maximum sustained reduction in fishing capacity at the least cost and
in a minimum period of time. To achieve that objective, the Secretary is authorized to pay—
‘‘(A) the owner of a fishing vessel, if such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title restrictions that permanently prohibit and effectively prevent its use
in fishing, and if the permit authorizing the participation of
the vessel in the fishery is surrendered for permanent revocation and the owner relinquishes any claim associated with
the vessel and permit that could qualify such owner for any
present or future limited access system permit in the fishery
for which the program is established; or
‘‘(B) the holder of a permit authorizing participation in
the fishery, if such permit is surrendered for permanent revocation, and such holder relinquishes any claim associated with
the permit and vessel used to harvest fishery resources under
the permit that could qualify such holder for any present or
future limited access system permit in the fishery for which
the program was established.
‘‘(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
‘‘(4) The Secretary shall consult, as appropriate, with Councils,
Federal agencies, State and regional authorities, affected fishing
communities, participants in the fishery, conservation organizations, and other interested parties throughout the development
and implementation of any program under this section.
‘‘(c) PROGRAM FUNDING.—(1) The program may be funded by
any combination of amounts—
‘‘(A) available under clause (iv) of section 2(b)(1)(A) of the
Act of August 11, 1939 (15 U.S.C. 713c–3(b)(1)(A); the
Saltonstall-Kennedy Act);
‘‘(B) appropriated for the purposes of this section;
‘‘(C) provided by an industry fee system established under
subsection (d) and in accordance with section 1111 of title
XI of the Merchant Marine Act, 1936; or
‘‘(D) provided from any State or other public sources or
private or non-profit organizations.
‘‘(2) All funds for the program, including any fees established
under subsection (d), shall be paid into the fishing capacity reduction fund established under section 1111 of title XI of the Merchant
Marine Act, 1936.
‘‘(d) INDUSTRY FEE SYSTEM.—(1)(A) If an industry fee system
is necessary to fund the program, the Secretary, at the request
of the appropriate Council, may conduct a referendum on such

110 STAT. 3602

Notification.

Federal Register,
publication.

Public
information.

Federal Register,
publication.

PUBLIC LAW 104–297—OCT. 11, 1996

system. Prior to the referendum, the Secretary, in consultation
with the Council, shall—
‘‘(i) identify, to the extent practicable, and notify all permit
or vessel owners who would be affected by the program; and
‘‘(ii) make available to such owners information about the
industry fee system describing the schedule, procedures, and
eligibility requirements for the referendum, the proposed program, and the amount and duration and any other terms and
conditions of the proposed fee system.
‘‘(B) The industry fee system shall be considered approved
if the referendum votes which are cast in favor of the proposed
system constitute a two-thirds majority of the participants voting.
‘‘(2) Notwithstanding section 304(d) and consistent with an
approved industry fee system, the Secretary is authorized to establish such a system to fund the program and repay debt obligations
incurred pursuant to section 1111 of title XI of the Merchant
Marine Act, 1936. The fees for a program established under this
section shall—
‘‘(A) be determined by the Secretary and adjusted from
time to time as the Secretary considers necessary to ensure
the availability of sufficient funds to repay such debt obligations;
‘‘(B) not exceed 5 percent of the ex-vessel value of all
fish harvested from the fishery for which the program is established;
‘‘(C) be deducted by the first ex-vessel fish purchaser from
the proceeds otherwise payable to the seller and accounted
for and forwarded by such fish purchasers to the Secretary
in such manner as the Secretary may establish; and
‘‘(D) be in effect only until such time as the debt obligation
has been fully paid.
‘‘(e) IMPLEMENTATION PLAN.—(1) The Secretary, in consultation
with the appropriate Council or State and other interested parties,
shall prepare and publish in the Federal Register for a 60-day
public comment period an implementation plan, including proposed
regulations, for each program. The implementation plan shall—
‘‘(A) define criteria for determining types and numbers
of vessels which are eligible for participation in the program
taking into account characteristics of the fishery, the requirements of applicable fishery management plans, the needs of
fishing communities, and the need to minimize program costs;
and
‘‘(B) establish procedures for program participation (such
as submission of owner bid under an auction system or fair
market-value assessment) including any terms and conditions
for participation which the Secretary deems to be reasonably
necessary to meet the goals of the program.
‘‘(2) During the 60-day public comment period—
‘‘(A) the Secretary shall conduct a public hearing in each
State affected by the program; and
‘‘(B) the appropriate Council or State shall submit its comments and recommendations, if any, regarding the plan and
regulations.
‘‘(3) Within 45 days after the close of the public comment
period, the Secretary, in consultation with the appropriate Council
or State, shall analyze the public comment received and publish
in the Federal Register a final implementation plan for the program

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3603

and regulations for its implementation. The Secretary may not
adopt a final implementation plan involving industry fees or debt
obligation unless an industry fee system has been approved by
a referendum under this section.’’.
(b) STUDY OF FEDERAL INVESTMENT.—The Secretary of Commerce shall establish a task force comprised of interested parties
to study and report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources
of the House of Representatives within 2 years of the date of
enactment of this Act on the role of the Federal Government in—
(1) subsidizing the expansion and contraction of fishing
capacity in fishing fleets managed under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
and
(2) otherwise influencing the aggregate capital investments
in fisheries.
(c) Section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C.
713c3(b)(1)(A)) is amended—
(1) by striking ‘‘and’’ at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting a semicolon and the word ‘‘and’’; and
(3) by adding at the end the following new clause:
‘‘(iv) to fund the Federal share of a fishing capacity
reduction program established under section 312 of
the Magnuson Fishery Conservation and Management
Act; and’’.
SEC. 117. NORTH PACIFIC AND NORTHWEST ATLANTIC OCEAN FISHERIES.

(a) NORTH PACIFIC FISHERIES CONSERVATION.—Section 313 (16
U.S.C. 1862) is amended—
(1) by striking ‘‘RESEARCH PLAN’’ in the section heading
and inserting ‘‘CONSERVATION’’;
(2) in subsection (a) by striking ‘‘North Pacific Fishery
Management Council’’ and inserting ‘‘North Pacific Council’’;
and
(3) by adding at the end the following:
‘‘(f) BYCATCH REDUCTION.—In implementing section 303(a)(11)
and this section, the North Pacific Council shall submit conservation
and management measures to lower, on an annual basis for a
period of not less than four years, the total amount of economic
discards occurring in the fisheries under its jurisdiction.
‘‘(g) BYCATCH REDUCTION INCENTIVES.—(1) Notwithstanding
section 304(d), the North Pacific Council may submit, and the
Secretary may approve, consistent with the provisions of this Act,
a system of fines in a fishery to provide incentives to reduce bycatch
and bycatch rates; except that such fines shall not exceed $25,000
per vessel per season. Any fines collected shall be deposited in
the North Pacific Fishery Observer Fund, and may be made available by the Secretary to offset costs related to the reduction of
bycatch in the fishery from which such fines were derived, including
conservation and management measures and research, and to the
State of Alaska to offset costs incurred by the State in the fishery
from which such penalties were derived or in fisheries in which
the State is directly involved in management or enforcement and
which are directly affected by the fishery from which such penalties
were derived.

Establishment.
Reports.
16 USC 1861a
note.

15 USC 713c–3.

110 STAT. 3604

Reports.

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(2)(A) Notwithstanding section 303(d), and in addition to the
authority provided in section 303(b)(10), the North Pacific Council
may submit, and the Secretary may approve, conservation and
management measures which provide allocations of regulatory discards to individual fishing vessels as an incentive to reduce per
vessel bycatch and bycatch rates in a fishery, Provided, That—
‘‘(i) such allocations may not be transferred for monetary
consideration and are made only on an annual basis; and
‘‘(ii) any such conservation and management measures will
meet the requirements of subsection (h) and will result in
an actual reduction in regulatory discards in the fishery.
‘‘(B) The North Pacific Council may submit restrictions in addition to the restriction imposed by clause (i) of subparagraph (A)
on the transferability of any such allocations, and the Secretary
may approve such recommendation.
‘‘(h) CATCH MEASUREMENT.—(1) By June 1, 1997 the North
Pacific Council shall submit, and the Secretary may approve,
consistent with the other provisions of this Act, conservation and
management measures to ensure total catch measurement in each
fishery under the jurisdiction of such Council. Such measures shall
ensure the accurate enumeration, at a minimum, of target species,
economic discards, and regulatory discards.
‘‘(2) To the extent the measures submitted under paragraph
(1) do not require United States fish processors and fish processing
vessels (as defined in chapter 21 of title 46, United States Code)
to weigh fish, the North Pacific Council and the Secretary shall
submit a plan to the Congress by January 1, 1998, to allow for
weighing, including recommendations to assist such processors and
processing vessels in acquiring necessary equipment, unless the
Council determines that such weighing is not necessary to meet
the requirements of this subsection.
‘‘(i) FULL RETENTION AND UTILIZATION.—(1) The North Pacific
Council shall submit to the Secretary by October 1, 1998 a report
on the advisability of requiring the full retention by fishing vessels
and full utilization by United States fish processors of economic
discards in fisheries under its jurisdiction if such economic discards,
or the mortality of such economic discards, cannot be avoided.
The report shall address the projected impacts of such requirements
on participants in the fishery and describe any full retention and
full utilization requirements that have been implemented.
‘‘(2) The report shall address the advisability of measures to
minimize processing waste, including standards setting minimum
percentages which must be processed for human consumption. For
the purpose of the report, ‘processing waste’ means that portion
of any fish which is processed and which could be used for human
consumption or other commercial use, but which is not so used.’’.
(b) NORTHWEST ATLANTIC OCEAN FISHERIES.—Section 314 (16
U.S.C. 1863) is amended by striking ‘‘1997’’ in subsection (a)(4)
and inserting ‘‘1999’’.

TITLE II—FISHERY MONITORING AND
RESEARCH
SEC. 201. CHANGE OF TITLE.

The heading of title IV (16 U.S.C. 1881 et seq.) is amended
to read as follows:

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3605

‘‘TITLE IV—FISHERY MONITORING AND
RESEARCH’’.
SEC. 202. REGISTRATION AND INFORMATION MANAGEMENT.

Title IV (16 U.S.C. 1881 et seq.) is amended by inserting
after the title heading the following:
‘‘SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.

‘‘(a) STANDARDIZED FISHING VESSEL REGISTRATION AND
INFORMATION MANAGEMENT SYSTEM.—The Secretary shall, in
cooperation with the Secretary of the department in which the
Coast Guard is operating, the States, the Councils, and Marine
Fisheries Commissions, develop recommendations for implementation of a standardized fishing vessel registration and information
management system on a regional basis. The recommendations
shall be developed after consultation with interested governmental
and nongovernmental parties and shall—
‘‘(1) be designed to standardize the requirements of vessel
registration and information collection systems required by this
Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et
seq.), and any other marine resource law implemented by the
Secretary, and, with the permission of a State, any marine
resource law implemented by such State;
‘‘(2) integrate information collection programs under existing fishery management plans into a non-duplicative information collection and management system;
‘‘(3) avoid duplication of existing State, tribal, or Federal
systems and shall utilize, to the maximum extent practicable,
information collected from existing systems;
‘‘(4) provide for implementation of the system through
cooperative agreements with appropriate State, regional, or
tribal entities and Marine Fisheries Commissions;
‘‘(5) provide for funding (subject to appropriations) to assist
appropriate State, regional, or tribal entities and Marine Fisheries Commissions in implementation;
‘‘(6) establish standardized units of measurement, nomenclature, and formats for the collection and submission of
information;
‘‘(7) minimize the paperwork required for vessels registered
under the system;
‘‘(8) include all species of fish within the geographic areas
of authority of the Councils and all fishing vessels including
charter fishing vessels, but excluding recreational fishing vessels;
‘‘(9) require United States fish processors, and fish dealers
and other first ex-vessel purchasers of fish that are subject
to the proposed system, to submit information (other than
economic information) which may be necessary to meet the
goals of the proposed system; and
‘‘(10) include procedures necessary to ensure—
‘‘(A) the confidentiality of information collected under
this section in accordance with section 402(b); and
‘‘(B) the timely release or availability to the public
of information collected under this section consistent with
section 402(b).

16 USC 1881.

110 STAT. 3606

Federal Register,
publication.

Proposals.

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(b) FISHING VESSEL REGISTRATION.—The proposed registration
system should, at a minimum, obtain the following information
for each fishing vessel—
‘‘(1) the name and official number or other identification,
together with the name and address of the owner or operator
or both;
‘‘(2) gross tonnage, vessel capacity, type and quantity of
fishing gear, mode of operation (catcher, catcher processor, or
other), and such other pertinent information with respect to
vessel characteristics as the Secretary may require; and
‘‘(3) identification (by species, gear type, geographic area
of operations, and season) of the fisheries in which the fishing
vessel participates.
‘‘(c) FISHERY INFORMATION.—The proposed information management system should, at a minimum, provide basic fisheries performance information for each fishery, including—
‘‘(1) the number of vessels participating in the fishery
including charter fishing vessels;
‘‘(2) the time period in which the fishery occurs;
‘‘(3) the approximate geographic location or official reporting area where the fishery occurs;
‘‘(4) a description of fishing gear used in the fishery, including the amount and type of such gear and the appropriate
unit of fishing effort; and
‘‘(5) other information required under subsection 303(a)(5)
or requested by the Council under section 402.
‘‘(d) USE OF REGISTRATION.—Any registration recommended
under this section shall not be considered a permit for the purposes
of this Act, and the Secretary may not propose to revoke, suspend,
deny, or impose any other conditions or restrictions on any such
registration or the use of such registration under this Act.
‘‘(e) PUBLIC COMMENT.—Within one year after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish
in the Federal Register for a 60-day public comment period a
proposal that would provide for implementation of a standardized
fishing vessel registration and information collection system that
meets the requirements of subsections (a) through (c). The proposal
shall include—
‘‘(1) a description of the arrangements of the Secretary
for consultation and cooperation with the department in which
the Coast Guard is operating, the States, the Councils, Marine
Fisheries Commissions, the fishing industry and other
interested parties; and
‘‘(2) any proposed regulations or legislation necessary to
implement the proposal.
‘‘(f) CONGRESSIONAL TRANSMITTAL.—Within 60 days after the
end of the comment period and after consideration of comments
received under subsection (e), the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Resources of the House of Representatives
a recommended proposal for implementation of a national fishing
vessel registration system that includes—
‘‘(1) any modifications made after comment and consultation;
‘‘(2) a proposed implementation schedule, including a schedule for the proposed cooperative agreements required under
subsection (a)(4); and

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3607

‘‘(3) recommendations for any such additional legislation
as the Secretary considers necessary or desirable to implement
the proposed system.
‘‘(g) REPORT TO CONGRESS.—Within 15 months after the date
of enactment of the Sustainable Fisheries Act, the Secretary shall
report to Congress on the need to include recreational fishing vessels
into a national fishing vessel registration and information collection
system. In preparing its report, the Secretary shall cooperate with
the Secretary of the department in which the Coast Guard is
operating, the States, the Councils, and Marine Fisheries Commissions, and consult with governmental and nongovernmental parties.’’.
SEC. 203. INFORMATION COLLECTION.

Section 402 is amended to read as follows:

16 USC 1881a.

‘‘SEC. 402. INFORMATION COLLECTION.

‘‘(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

Regulations.

110 STAT. 3608

Regulations.

Regulations.

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(F) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for
in this subsection, and such release does not violate other
requirements of this Act.
‘‘(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).
‘‘(c) RESTRICTION ON USE OF CERTAIN INFORMATION.—(1) The
Secretary shall promulgate regulations to restrict the use, in civil
enforcement or criminal proceedings under this Act, the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and
the Endangered Species Act (16 U.S.C. 1531 et seq.), of information
collected by voluntary fishery data collectors, including sea 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.
‘‘(2) The Secretary may not require the submission of a Federal
or State income tax return or statement as a prerequisite for
issuance of a permit until such time as the Secretary has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation and
management purpose, and to provide appropriate penalties for violation of such regulations.
‘‘(d) CONTRACTING AUTHORITY.—Notwithstanding any other
provision of law, the Secretary may provide a grant, contract, or
other financial assistance on a sole-source basis to a State, Council,
or Marine Fisheries Commission for the purpose of carrying out
information collection or other programs if—
‘‘(1) the recipient of such a grant, contract, or other financial
assistance is specified by statute to be, or has customarily
been, such State, Council, or Marine Fisheries Commission;
or
‘‘(2) the Secretary has entered into a cooperative agreement
with such State, Council, or Marine Fisheries Commission.
‘‘(e) RESOURCE ASSESSMENTS.—(1) The Secretary may use the
private sector to provide vessels, equipment, and services necessary
to survey the fishery resources of the United States when the
arrangement will yield statistically reliable results.
‘‘(2) The Secretary, in consultation with the appropriate
Council and the fishing industry—
‘‘(A) may structure competitive solicitations under
paragraph (1) so as to compensate a contractor for a fishery
resources survey by allowing the contractor to retain for
sale fish harvested during the survey voyage;

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3609

‘‘(B) in the case of a survey during which the quantity
or quality of fish harvested is not expected to be adequately
compensatory, may structure those solicitations so as to
provide that compensation by permitting the contractor
to harvest on a subsequent voyage and retain for sale
a portion of the allowable catch of the surveyed fishery;
and
‘‘(C) may permit fish harvested during such survey
to count toward a vessel’s catch history under a fishery
management plan if such survey was conducted in a manner that precluded a vessel’s participation in a fishery
that counted under the plan for purposes of determining
catch history.
‘‘(3) The Secretary shall undertake efforts to expand annual
fishery resource assessments in all regions of the Nation.’’.
SEC. 204. OBSERVERS.

Section 403 is amended to read as follows:

16 USC 1881b

‘‘SEC. 403. OBSERVERS.

‘‘(a) GUIDELINES FOR CARRYING OBSERVERS.—Within one year
after the date of enactment of the Sustainable Fisheries Act, the
Secretary shall promulgate regulations, after notice and opportunity
for public comment, for fishing vessels that carry observers. The
regulations shall include guidelines for determining—
‘‘(1) when a vessel is not required to carry an observer
on board because the facilities of such vessel for the quartering
of an observer, or for 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
‘‘(2) actions which vessel owners or operators may reasonably be required to take to render such facilities adequate
and safe.
‘‘(b) TRAINING.—The Secretary, in cooperation with the appropriate States and the National Sea Grant College Program, shall—
‘‘(1) establish programs to ensure that each observer
receives adequate training in collecting and analyzing the
information necessary for the conservation and management
purposes of the fishery to which such observer is assigned;
‘‘(2) require that an observer demonstrate competence in
fisheries science and statistical analysis at a level sufficient
to enable such person to fulfill the responsibilities of the position;
‘‘(3) ensure that an observer has received adequate training
in basic vessel safety; and
‘‘(4) make use of university and any appropriate private
nonprofit organization training facilities and resources, where
possible, in carrying out this subsection.
‘‘(c) OBSERVER STATUS.—An observer on a vessel and under
contract to carry out responsibilities under this Act or the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall
be deemed to be a Federal employee for the purpose of compensation
under the Federal Employee Compensation Act (5 U.S.C. 8101
et seq.).’’.

Regulations.

SEC. 205. FISHERIES RESEARCH.

Section 404 is amended to read as follows:

16 USC 1881c.

110 STAT. 3610

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘SEC. 404. FISHERIES RESEARCH.

Federal Register,
publication.

Federal Register,
publication.

‘‘(a) IN GENERAL.—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 and social
characteristics of the fisheries.
‘‘(b) STRATEGIC PLAN.—Within one year after the date of enactment of the Sustainable Fisheries Act, and at least every 3 years
thereafter, the Secretary shall develop and publish in the Federal
Register a strategic plan for fisheries research for the 5 years
immediately following such publication. The plan shall—
‘‘(1) identify and describe a comprehensive program with
a limited number of priority objectives for research in each
of the areas specified in subsection (c);
‘‘(2) indicate goals and timetables for the program described
in paragraph (1);
‘‘(3) provide a role for commercial fishermen in such
research, including involvement in field testing;
‘‘(4) provide for collection and dissemination, in a timely
manner, of complete and accurate information concerning fishing activities, catch, effort, stock assessments, and other
research conducted under this section; and
‘‘(5) be developed in cooperation with the Councils and
affected States, and provide for coordination with the Councils,
affected States, and other research entities.
‘‘(c) AREAS OF RESEARCH.—Areas of research are as follows:
‘‘(1) Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of
fish, the interdependence of fisheries or stocks of fish, the
identification of essential fish habitat, the impact of pollution
on fish populations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability of fish.
‘‘(2) Conservation engineering research, including the study
of fish behavior and the development and testing of new gear
technology and fishing techniques to minimize bycatch and
any adverse effects on essential fish habitat and promote efficient harvest of target species.
‘‘(3) Research on the fisheries, including the social, cultural,
and economic relationships among fishing vessel owners, crew,
United States fish processors, associated shoreside labor, seafood markets and fishing communities.
‘‘(4) Information management research, including the development of a fishery information base and an information
management system under section 401 that will permit the
full use of information in the support of effective fishery conservation and management.
‘‘(d) PUBLIC NOTICE.—In developing the plan required under
subsection (a), the Secretary shall consult with relevant Federal,
State, and international agencies, scientific and technical experts,
and other interested persons, public and private, and shall 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 develop-

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3611

ment 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 Resources of the House of Representatives.’’.
SEC. 206. INCIDENTAL HARVEST RESEARCH.

Section 405 is amended to read as follows:

16 USC 1881d.

‘‘SEC. 405. INCIDENTAL HARVEST RESEARCH.

‘‘(a) COLLECTION OF INFORMATION.—Within nine months after
the date of enactment of the Sustainable Fisheries Act, the Secretary shall, after consultation with the Gulf Council and South
Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest
by the shrimp trawl fishery within the authority of such Councils.
Within the same time period, the Secretary shall make available
to the public aggregated summaries of information collected prior
to June 30, 1994 under such program.
‘‘(b) IDENTIFICATION OF STOCK.—The program concluded pursuant to subsection (a) shall provide for the identification of stocks
of fish which are subject to significant incidental harvest in the
course of normal shrimp trawl fishing activity.
‘‘(c) COLLECTION AND ASSESSMENT OF SPECIFIC STOCK INFORMATION.—For stocks of fish identified pursuant to subsection (b), with
priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary
shall conduct—
‘‘(1) a program to collect and evaluate information 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;
‘‘(2) 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
‘‘(3) a program of information collection and evaluation
for such stocks on the magnitude and distribution of fishing
mortality and fishing effort by sources of fishing mortality
other than shrimp trawl fishing activity.
‘‘(d) BYCATCH REDUCTION PROGRAM.—Not later than 12 months
after the enactment of the Sustainable Fisheries Act, the Secretary
shall, in cooperation with affected interests, and based upon the
best scientific information available, complete a program to—
‘‘(1) develop technological devices and other changes in
fishing operations necessary and appropriate to minimize the
incidental mortality of bycatch in the course of shrimp trawl
activity to the extent practicable, taking into account the level
of bycatch mortality in the fishery on November 28, 1990;
‘‘(2) evaluate the ecological impacts and the benefits and
costs of such devices and changes in fishing operations; and
‘‘(3) assess whether it is practicable to utilize bycatch which
is not avoidable.
‘‘(e) REPORT TO CONGRESS.—The Secretary shall, within one
year of completing the programs required by this section, submit
a detailed report on the results of such programs to the Committee

Public
information.

110 STAT. 3612

PUBLIC LAW 104–297—OCT. 11, 1996

on Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives.
‘‘(f) IMPLEMENTATION CRITERIA.—To the extent practicable, any
conservation and management measure implemented under this
Act to reduce the incidental mortality of bycatch in the course
of shrimp trawl fishing shall be consistent with—
‘‘(1) measures applicable to fishing throughout the range
in United States waters of the bycatch species concerned; and
‘‘(2) the need to avoid any serious adverse environmental
impacts on such bycatch species or the ecology of the affected
area.’’.
SEC. 207. MISCELLANEOUS RESEARCH.

(a) FISHERIES SYSTEMS RESEARCH.—Section 406 (16 U.S.C.
1882) is amended to read as follows:
‘‘SEC. 406. FISHERIES SYSTEMS RESEARCH.

‘‘(a) ESTABLISHMENT OF PANEL.—Not later than 180 days after
the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an advisory panel under this Act to develop
recommendations to expand the application of ecosystem principles
in fishery conservation and management activities.
‘‘(b) PANEL MEMBERSHIP.—The advisory panel shall consist of
not more than 20 individuals and include—
‘‘(1) individuals with expertise in the structures, functions,
and physical and biological characteristics of ecosystems; and
‘‘(2) representatives from the Councils, States, fishing
industry, conservation organizations, or others with expertise
in the management of marine resources.
‘‘(c) RECOMMENDATIONS.—Prior to selecting advisory panel
members, the Secretary shall, with respect to panel members
described in subsection (b)(1), solicit recommendations from the
National Academy of Sciences.
‘‘(d) REPORT.—Within 2 years after the date of enactment of
this Act, the Secretary shall submit to the Congress a completed
report of the panel established under this section, which shall
include—
‘‘(1) an analysis of the extent to which ecosystem principles
are being applied in fishery conservation and management
activities, including research activities;
‘‘(2) proposed actions by the Secretary and by the Congress
that should be undertaken to expand the application of ecosystem principles in fishery conservation and management;
and
‘‘(3) such other information as may be appropriate.
‘‘(e) PROCEDURAL MATTER.—The advisory panel established
under this section shall be deemed an advisory panel under section
302(g).’’.
(b) GULF OF MEXICO RED SNAPPER RESEARCH.—Title IV of
the Act (16 U.S.C. 1882) is amended by adding the following new
section:
16 USC 1883.

‘‘SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.

‘‘(a) INDEPENDENT PEER REVIEW.—(1) Within 30 days of the
date of enactment of the Sustainable Fisheries Act, the Secretary
shall initiate an independent peer review to evaluate—
‘‘(A) the accuracy and adequacy of fishery statistics used
by the Secretary for the red snapper fishery in the Gulf of

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3613

Mexico to account for all commercial, recreational, and charter
fishing harvests and fishing effort on the stock;
‘‘(B) the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status
and trends of the Gulf of Mexico red snapper stock and as
the basis for the fishery management plan for the Gulf of
Mexico red snapper fishery;
‘‘(C) the appropriateness and adequacy of the management
measures in the fishery management plan for red snapper
in the Gulf of Mexico for conserving and managing the red
snapper fishery under this Act; and
‘‘(D) the costs and benefits of all reasonable alternatives
to an individual fishing quota program for the red snapper
fishery in the Gulf of Mexico.
‘‘(2) The Secretary shall ensure that commercial, recreational,
and charter fishermen in the red snapper fishery in the Gulf of
Mexico are provided an opportunity to—
‘‘(A) participate in the peer review under this subsection;
and
‘‘(B) provide information to the Secretary concerning the
review of fishery statistics under this subsection without being
subject to penalty under this Act or other applicable law for
any past violation of a requirement to report such information
to the Secretary.
‘‘(3) The Secretary shall submit a detailed written report on
the findings of the peer review conducted under this subsection
to the Gulf Council no later than one year after the date of enactment of the Sustainable Fisheries Act.
‘‘(b) PROHIBITION.—In addition to the restrictions under section
303(d)(1)(A), the Gulf Council may not, prior to October 1, 2000,
undertake or continue the preparation of any fishery management
plan, plan amendment or regulation under this Act for the Gulf
of Mexico commercial red snapper fishery that creates an individual
fishing quota program or that authorizes the consolidation of
licenses, permits, or endorsements that result in different trip limits
for vessels in the same class.
‘‘(c) REFERENDUM.—
‘‘(1) On or after October 1, 2000, the Gulf Council may
prepare and submit a fishery management plan, plan amendment, or regulation for the Gulf of Mexico commercial red
snapper fishery that creates an individual fishing quota program or that authorizes the consolidation of licenses, permits,
or endorsements that result in different trip limits for vessels
in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted
under paragraph (2) and only if the submission to the Secretary
of such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2).
‘‘(2) The Secretary, at the request of the Gulf Council,
shall conduct referendums under this subsection. Only a person
who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person
to whom such permit with such endorsement was transferred
after such date) and vessel captains who harvested red snapper
in a commercial fishery using such endorsement in each red
snapper fishing season occurring between January 1, 1993,
and such date may vote in a referendum under this subsection.

Reports.

110 STAT. 3614

Notification.

16 USC 1881c
note.

PUBLIC LAW 104–297—OCT. 11, 1996

The referendum shall be decided by a majority of the votes
cast. The Secretary shall develop a formula to weigh votes
based on the proportional harvest under each such permit
and endorsement and by each such captain in the fishery
between January 1, 1993, and September 1, 1996. Prior to
each referendum, the Secretary, in consultation with the Council, shall—
‘‘(A) identify and notify all such persons holding permits with red snapper endorsements and all such vessel
captains; and
‘‘(B) make available to all such persons and vessel
captains information about the schedule, procedures, and
eligibility requirements for the referendum and the proposed individual fishing quota program.
‘‘(d) CATCH LIMITS.—Any fishery management plan, plan
amendment, or regulation submitted by the Gulf Council for the
red snapper fishery after the date of enactment of the Sustainable
Fisheries Act shall contain conservation and management measures
that—
‘‘(1) establish separate quotas for recreational fishing
(which, for the purposes of this subsection shall include charter
fishing) and commercial fishing that, when reached, result in
a prohibition on the retention of fish caught during recreational
fishing and commercial fishing, respectively, for the remainder
of the fishing year; and
‘‘(2) ensure that such quotas reflect allocations among such
sectors and do not reflect any harvests in excess of such allocations.’’.
SEC. 208. STUDY OF CONTRIBUTION OF BYCATCH TO CHARITABLE
ORGANIZATIONS.

(a) STUDY.—The Secretary of Commerce shall conduct a study
of the contribution of bycatch to charitable organizations by commercial fishermen. The study shall include determinations of—
(1) the amount of bycatch that is contributed each year
to charitable organizations by commercial fishermen;
(2) the economic benefits to commercial fishermen from
those contributions; and
(3) the impact on fisheries of the availability of those benefits.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce shall submit to the Congress
a report containing determinations made in the study under subsection (a).
(c) BYCATCH DEFINED.—In this section the term ‘‘bycatch’’ has
the meaning given that term in section 3 of the Magnuson Fishery
Conservation and Management Act, as amended by section 102
of this Act.
SEC. 209. STUDY OF IDENTIFICATION METHODS FOR HARVEST STOCKS.

(a) IN GENERAL.—The Secretary of Commerce shall conduct
a study to determine the best possible method of identifying various
Atlantic and Pacific salmon and steelhead stocks in the ocean
at time of harvest. The study shall include an assessment of—
(1) coded wire tags;
(2) fin clipping; and
(3) other identification methods.

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3615

(b) REPORT.—The Secretary shall report the results of the study,
together with any recommendations for legislation deemed necessary based on the study, within 6 months after the date of
enactment of this Act to the Committee on Resources of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 210. REVIEW OF NORTHEAST FISHERY STOCK ASSESSMENTS.

The National Academy of Sciences, in consultation with regionally recognized fishery experts, shall conduct a peer review of
Canadian and United States stock assessments, information collection methodologies, biological assumptions and projections, and
other relevant scientific information used as the basis for conservation and management in the Northeast multispecies fishery. The
National Academy of Sciences shall submit the results of such
review to the Congress and the Secretary of Commerce no later
than March 1, 1997.
SEC. 211. CLERICAL AMENDMENTS.

The table of contents is amended by striking the matter relating
to title IV and inserting the following:
‘‘Sec. 312. Transition to sustainable fisheries.
‘‘Sec. 313. North Pacific fisheries conservation.
‘‘Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

401.
402.
403.
404.
405.
406.
407.

‘‘TITLE IV—FISHERY MONITORING AND RESEARCH
Registration and information management.
Information collection.
Observers.
Fisheries research.
Incidental harvest research.
Fisheries systems research.
Gulf of Mexico red snapper research.’’.

TITLE III—FISHERIES FINANCING
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Fisheries Financing Act’’.

Fisheries
Financing Act.
46 USC app.
1245 note.

SEC. 302. INDIVIDUAL FISHING QUOTA LOANS.

(a) AMENDMENT OF MERCHANT MARINE ACT, 1936.—Section
1104A of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274)
is amended—
(1) by striking ‘‘or’’ at the end of subsection (a)(5);
(2) by striking the period at the end of subsection (a)(6)
and inserting a semicolon and ‘‘or’’;
(3) by adding at the end of subsection (a) the following:
‘‘(7) financing or refinancing, including, but not limited
to, the reimbursement of obligors for expenditures previously
made, for the purchase of individual fishing quotas in accordance with section 303(d)(4) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(d)(4)).’’; and
(4) by striking ‘‘paragraph (6)’’ in the last sentence of
subsection (a) and inserting ‘‘paragraphs (6) and (7)’’; and
(5) by striking ‘‘equal to’’ in the third proviso of subsection
(b)(2) and inserting ‘‘not to exceed’’.
(b) PROHIBITION.—Until October 1, 2001, no new loans may
be guaranteed by the Federal Government for the construction
of new fishing vessels if the construction will result in an increased

46 USC app.
1274 note.

110 STAT. 3616

PUBLIC LAW 104–297—OCT. 11, 1996

harvesting capacity within the United States exclusive economic
zone.
SEC. 303. FISHERIES FINANCING AND CAPACITY REDUCTION.

46 USC app.
1279f.

46 USC app.
1279g.

(a) CAPACITY REDUCTION AND FINANCING AUTHORITY.—Title XI
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
is amended by adding at the end the following new sections:
‘‘SEC. 1111. (a) The Secretary is authorized to guarantee the
repayment of debt obligations issued by entities under this section.
Debt obligations to be guaranteed may be issued by any entity
that has been approved by the Secretary and has agreed with
the Secretary to such conditions as the Secretary deems necessary
for this section to achieve the objective of the program and to
protect the interest of the United States.
‘‘(b) Any debt obligation guaranteed under this section shall—
‘‘(1) be treated in the same manner and to the same extent
as other obligations guaranteed under this title, except with
respect to provisions of this title that by their nature cannot
be applied to obligations guaranteed under this section;
‘‘(2) have the fishing fees established under the program
paid into a separate subaccount of the fishing capacity reduction
fund established under this section;
‘‘(3) not exceed $100,000,000 in an unpaid principal amount
outstanding at any one time for a program;
‘‘(4) have such maturity (not to exceed 20 years), take
such form, and contain such conditions as the Secretary determines necessary for the program to which they relate;
‘‘(5) have as the exclusive source of repayment (subject
to the proviso in subsection (c)(2)) and as the exclusive payment
security, the fishing fees established under the program; and
‘‘(6) at the discretion of the Secretary be issued in the
public market or sold to the Federal Financing Bank.
‘‘(c)(1) There is established in the Treasury of the United States
a separate account which shall be known as the fishing capacity
reduction fund (referred to in this section as the ‘fund’). Within
the fund, at least one subaccount shall be established for each
program into which shall be paid all fishing fees established under
the program and other amounts authorized for the program.
‘‘(2) Amounts in the fund shall be available, without appropriation or fiscal year limitation, to the Secretary to pay the cost
of the program, including payments to financial institutions to
pay debt obligations incurred by entities under this section: Provided, That funds available for this purpose from other amounts
available for the program may also be used to pay such debt
obligations.
‘‘(3) Sums in the fund that are not currently needed for the
purpose of this section shall be kept on deposit or invested in
obligations of the United States.
‘‘(d) The Secretary is authorized and directed to issue such
regulations as the Secretary deems necessary to carry out this
section.
‘‘(e) For the purposes of this section, the term ‘program’ means
a fishing capacity reduction program established under section 312
of the Magnuson Fishery Conservation and Management Act.
‘‘SEC. 1112. (a) Notwithstanding any other provision of this
title, all obligations involving any fishing vessel, fishery facility,
aquaculture facility, individual fishing quota, or fishing capacity

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3617

reduction program issued under this title after the date of enactment of the Sustainable Fisheries Act shall be direct loan obligations, for which the Secretary shall be the obligee, rather than
obligations issued to obligees other than the Secretary and guaranteed by the Secretary. All direct loan obligations under this section
shall be treated in the same manner and to the same extent
as obligations guaranteed under this title except with respect to
provisions of this title which by their nature can only be applied
to obligations guaranteed under this title.
‘‘(b) Notwithstanding any other provisions of this title, the
annual rate of interest which obligors shall pay on direct loan
obligations under this section shall be fixed at two percent of
the principal amount of such obligations outstanding plus such
additional percent as the Secretary shall be obligated to pay as
the interest cost of borrowing from the United States Treasury
the funds with which to make such direct loans.’’.

TITLE IV—MARINE FISHERY STATUTE
REAUTHORIZATIONS
SEC. 401. MARINE FISH PROGRAM AUTHORIZATION OF APPROPRIATIONS.

(a) FISHERIES INFORMATION COLLECTION AND ANALYSIS.—There
are authorized to be appropriated to the Secretary of Commerce,
to enable the National Oceanic and Atmospheric Administration
to carry out fisheries information and analysis activities under
the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and
any other law involving those activities, $51,800,000 for fiscal year
1997, and $52,345,000 for each of the fiscal years 1998, 1999,
and 2000. Such activities may include, but are not limited to,
the collection, analysis, and dissemination of scientific information
necessary for the management of living marine resources and associated marine habitat.
(b) FISHERIES CONSERVATION AND MANAGEMENT OPERATIONS.—
There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out activities relating to fisheries conservation and
management operations under the Fish and Wildlife Act of 1956
(16 U.S.C. 742a et seq.) and any other law involving those activities,
$29,028,000 for fiscal year 1997, and $29,899,000 for each of the
fiscal years 1998, 1999, and 2000. Such activities may include,
but are not limited to, development, implementation, and enforcement of conservation and management measures to achieve continued optimum use of living marine resources, hatchery operations,
habitat conservation, and protected species management.
(c) FISHERIES STATE AND INDUSTRY COOPERATIVE PROGRAMS.—
There are authorized to be appropriated to the Secretary of Commerce, to enable the National Oceanic and Atmospheric Administration to carry out State and industry cooperative programs under
the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and
any other law involving those activities, $27,932,000 for fiscal year
1997, and $28,226,000 for each of the fiscal years 1998, 1999,
and 2000. These activities include, but are not limited to, ensuring
the quality and safety of seafood products and providing grants
to States for improving the management of interstate fisheries.

110 STAT. 3618

Caritas Christi.

PUBLIC LAW 104–297—OCT. 11, 1996

(d) AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE BAY
OFFICE.—Section 2(e) of the National Oceanic and Atmospheric
Administration Marine Fisheries Program Authorization Act (Public
Law 98–210; 97 Stat. 1409) is amended—
(1) by striking ‘‘1992 and 1993’’ and inserting ‘‘1997 and
1998’’;
(2) by striking ‘‘establish’’ and inserting ‘‘operate’’;
(3) by striking ‘‘306’’ and inserting ‘‘307’’; and
(4) by striking ‘‘1991’’ and inserting ‘‘1992’’.
(e) RELATION TO OTHER LAWS.—Authorizations under this section shall be in addition to monies authorized under the Magnuson
Fishery Conservation and Management Act of 1976 (16 U.S.C.
1801 et seq.), the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
3301 et seq.), the Anadromous Fish Conservation Act (16 U.S.C.
757 et seq.), and the Interjurisdictional Fisheries Act (16 U.S.C.
4107 et seq.).
(f) NEW ENGLAND HEALTH PLAN.—The Secretary of Commerce
is authorized to provide up to $2,000,000 from previously appropriated funds to Caritas Christi for the implementation of a health
care plan for fishermen in New England if Caritas Christi submits
such plan to the Secretary no later than January 1, 1997, and
the Secretary, in consultation with the Secretary of Health and
Human Services, approves such plan.
SEC. 402. INTERJURISDICTIONAL FISHERIES ACT AMENDMENTS.

(a) REAUTHORIZATION.—Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) GENERAL APPROPRIATIONS.—There are authorized to be
appropriated to the Department of Commerce for apportionment
to carry out the purposes of this title—
‘‘(1) $3,400,000 for fiscal year 1996;
‘‘(2) $3,900,000 for fiscal year 1997;
‘‘(3) $4,400,000 for each of the fiscal years 1998, 1999,
and 2000.’’;
(2) by striking ‘‘$350,000 for each of the fiscal years 1989,
1990, 1991, 1992, and 1993, and $600,000 for each of the
fiscal years 1994 and 1995,’’ in subsection (c) and inserting
‘‘$700,000 for fiscal year 1997, and $750,000 for each of the
fiscal years 1998, 1999, and 2000,’’.
(b) NEW ENGLAND REPORT.—Section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended by
adding at the end the following new paragraph:
‘‘(7) With respect to funds available for the New England
region, the Secretary shall submit to the Congress by January
1, 1997, with annual updates thereafter as appropriate, a report
on the New England fishing capacity reduction initiative which
provides—
‘‘(A) the total number of Northeast multispecies permits in each permit category and calculates the maximum
potential fishing capacity of vessels holding such permits
based on the principal gear, gross registered tonnage,
engine horsepower, length, age, and other relevant
characteristics;
‘‘(B) the total number of days at sea available to the
permitted Northeast multispecies fishing fleet and the total

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3619

days at sea weighted by the maximum potential fishing
capacity of the fleet;
‘‘(C) an analysis of the extent to which the weighted
days at sea are used by the active participants in the
fishery and of the reduction in such days as a result of
the fishing capacity reduction program; and
‘‘(D) an estimate of conservation benefits (such as
reduction in fishing mortality) directly attributable to the
fishing capacity reduction program.’’.
SEC. 403. ANADROMOUS FISHERIES AMENDMENTS.

Section 4 of the Anadromous Fish Conservation Act (16 U.S.C.
757d) is amended to read as follows:
‘‘SEC. 4. (a)(1) There are authorized to be appropriated to carry
out the purposes of this Act not to exceed the following sums:
‘‘(A) $4,000,000 for fiscal year 1997; and
‘‘(B) $4,250,000 for each of fiscal years 1998, 1999, and
2000.
‘‘(2) Sums appropriated under this subsection are authorized
to remain available until expended.
‘‘(b) Not more than $625,000 of the funds appropriated under
this section in any one fiscal year shall be obligated in any one
State.’’.

Appropriation
authorization.

SEC. 404. ATLANTIC COASTAL FISHERIES AMENDMENTS.

(a) DEFINITION.—Paragraph (1) of section 803 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5102)
is amended—
(1) by inserting ‘‘and’’ after the semicolon in subparagraph
(A);
(2) by striking ‘‘States; and’’ in subparagraph (B) and inserting ‘‘States.’’; and
(3) by striking subparagraph (C).
(b) IMPLEMENTATION STANDARD FOR FEDERAL REGULATION.—
Subparagraph (A) of section 804(b)(1) of such Act (16 U.S.C.
5103(b)(1)) is amended by striking ‘‘necessary to support’’ and inserting ‘‘compatible with’’.
(c) AMERICAN LOBSTER MANAGEMENT.—Section 809 (16 U.S.C.
5108) and section 810 of such Act are redesignated as sections
811 and 812, respectively, and the following new sections are
inserted at the end of section 808:
‘‘SEC. 809. STATE PERMITS VALID IN CERTAIN WATERS.

‘‘(a) PERMITS.—Notwithstanding any provision of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), the Atlantic Coastal Fisheries Cooperative Management Act
(16 U.S.C. 5101 et seq.), or any requirement of a fishery management plan or coastal fishery management plan to the contrary,
a person holding a valid license issued by the State of Maine
which lawfully permits that person to engage in commercial fishing
for American lobster may, with the approval of the State of Maine,
engage in commercial fishing for American lobster in the following
areas designated as Federal waters, if such fishing is conducted
in such waters in accordance with all other applicable Federal
and State regulations:
‘‘(1) west of Monhegan Island in the area located north
of the line 43° 42′ 08″ N, 69° 34′ 18″ W and 43° 42′ 15″ N,
69° 19′ 18″ W;

16 USC 1851
note.
16 USC 5107a.

110 STAT. 3620

PUBLIC LAW 104–297—OCT. 11, 1996

‘‘(2) east of Monhegan Island in the area located west
of the line 43° 44′ 00″ N, 69° 15′ 05″ W and 43° 48′ 10″ N,
69° 08′ 01″ W;
‘‘(3) south of Vinalhaven in the area located west of the
line 43° 52′ 21″ N, 68° 39′ 54″ W and 43° 48′ 10″ N,
69° 08′ 01″ W; and
‘‘(4) south of Bois Bubert Island in the area located north
of the line 44° 19′ 15″ N, 67° 49′ 30″ W and 44° 23′ 45″ N,
67° 40′ 33″ W.
‘‘(b) ENFORCEMENT.—The exemption from Federal fishery
permitting requirements granted by subsection (a) may be revoked
or suspended by the Secretary in accordance with section 308(g)
of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858(g)) for violations of such Act or this Act.
16 USC 5107b.

‘‘SEC. 810. TRANSITION TO MANAGEMENT OF AMERICAN LOBSTER
FISHERY BY COMMISSION.

Regulations.

‘‘(a) TEMPORARY LIMITS.—Notwithstanding any other provision
of this Act or of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), if no regulations have been
issued under section 804(b) of this Act by December 31, 1997,
to implement a coastal fishery management plan for American
lobster, then the Secretary shall issue interim regulations before
March 1, 1998, that will prohibit any vessel that takes lobsters
in the exclusive economic zone by a method other than pots or
traps from landing lobsters (or any parts thereof) at any location
within the United States in excess of—
‘‘(1) 100 lobsters (or parts thereof) for each fishing trip
of 24 hours or less duration (up to a maximum of 500 lobsters,
or parts thereof, during any 5-day period); or
‘‘(2) 500 lobsters (or parts thereof) for a fishing trip of
5 days or longer.
‘‘(b) SECRETARY TO MONITOR LANDINGS.—Before January 1,
1998, the Secretary shall monitor, on a timely basis, landings of
American lobster, and, if the Secretary determines that catches
from vessels that take lobsters in the exclusive economic zone
by a method other than pots or traps have increased significantly,
then the Secretary may, consistent with the national standards
in section 301 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801), and after opportunity for public comment
and consultation with the Atlantic States Marine Fisheries Commission, implement regulations under section 804(b) of this Act that
are necessary for the conservation of American lobster.
‘‘(c) REGULATIONS TO REMAIN IN EFFECT UNTIL PLAN IMPLEMENTED.—Regulations issued under subsection (a) or (b) shall
remain in effect until the Secretary implements regulations under
section 804(b) of this Act to implement a coastal fishery management plan for American lobster.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 810 of such
Act, as amended by this Act, is amended further by striking ‘‘1996.’’
and inserting ‘‘1996, and $7,000,000 for each of the fiscal years
1997, 1998, 1999, and 2000.’’.

16 USC 5108.

SEC. 405. TECHNICAL AMENDMENTS TO MARITIME BOUNDARY AGREEMENT.
Effective date.
16 USC 1802
note.

(a) EXECUTION OF PRIOR AMENDMENTS TO DEFINITIONS.—Notwithstanding section 308 of the Act entitled ‘‘An Act to provide
for the designation of the Flower Garden Banks National Marine

PUBLIC LAW 104–297—OCT. 11, 1996

110 STAT. 3621

Sanctuary’’, approved March 9, 1992 (Public Law 102–251; 106
Stat. 66) hereinafter referred to as the ‘‘FGB Act’’, section 301(b)
of that Act (adding a definition of the term ‘‘special areas’’) shall
take effect on the date of enactment of this Act.
(b) CONFORMING AMENDMENTS.—
(1) Section 301(h)(2)(A) of the FGB Act is repealed.
(2) Section 304 of the FGB Act is repealed.
(3) Section 3(15) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1362(15)) is amended to read as follows:
‘‘(15) The term ‘waters under the jurisdiction of the United
States’ means—
‘‘(A) the territorial sea of the United States;
‘‘(B) the waters included within a zone, contiguous
to the territorial sea of the United States, of which the
inner boundary is a line coterminous with the seaward
boundary of each coastal State, and the other boundary
is a line drawn in such a manner that each point on
it is 200 nautical miles from the baseline from which the
territorial sea is measured; and
‘‘(C) the areas referred to as eastern special areas
in Article 3(1) of the Agreement between the United States
of America and the Union of Soviet Socialist Republics
on the Maritime Boundary, signed June 1, 1990; in particular, those areas east of the maritime boundary, as defined
in that Agreement, that lie within 200 nautical miles of
the baselines from which the breadth of the territorial
sea of Russia is measured but beyond 200 nautical miles
of the baselines from which the breadth of the territorial
sea of the United States is measured, except that this
subparagraph shall not apply before the date on which
the Agreement between the United States and the Union
of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990, enters into force for the United
States.’’.

16 USC 1857.
16 USC 1362.

SEC. 406. AMENDMENTS TO THE FISHERIES ACT.

Section 309(b) of the Fisheries Act of 1995 (Public Law 104–
43) is amended by striking ‘‘July 1, 1996’’ and inserting ‘‘July
1, 1997’’.
Approved October 11, 1996.

LEGISLATIVE HISTORY—S. 39 (H.R. 39):
HOUSE REPORTS: No. 104–171 accompanying H.R. 39 (Comm. on Resources).
SENATE REPORTS: No. 104–276 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 18, 19, considered and passed Senate.
Sept. 27, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 11, Presidential statement.

Æ

16 USC 971c
note.