[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2066
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2004, 2005, 2006, 2007, and 2008, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2004
Ms. Snowe introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2004, 2005, 2006, 2007, and 2008, 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 ``Fishery
Conservation and Management Amendments Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Definitions.
Sec. 4. Authorization of appropriations.
Sec. 5. Treaty on Pacific Coast albacore tuna.
Sec. 6. Monitoring of Pacific insular area fisheries.
Sec. 7. Caribbean Council jurisdiction.
Sec. 8. Notice of council meetings.
Sec. 9. Fishery management plan requirements.
Sec. 10. Submission of economic data.
Sec. 11. Individual fishing quotas.
Sec. 12. Gulf of Mexico fishing quota systems.
Sec. 13. Action by the secretary.
Sec. 14. Rebuilding depleted fisheries.
Sec. 15. Steaming time.
Sec. 16. Emergency regulations.
Sec. 17. Fishing capacity reduction program.
Sec. 18. Collection of information.
Sec. 19. Access to certain information.
Sec. 20. Maine pocket waters.
Sec. 21. Western Pacific fishery demonstration projects.
Sec. 22. Cooperative research and management.
Sec. 23. Independent peer review of data collection procedures.
Sec. 24. Advisory committee reform and peer review.
Sec. 25. Cumulative impacts.
Sec. 26. Essential fish habitat.
Sec. 27. Cooperative enforcement agreements.
Sec. 28. Scientific and statistical committees report on ecosystem
research priorities; pilot program for
fishery ecosystem plans.D23/
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS 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-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. DEFINITIONS.
(a) In General.--Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (8), the following:
``(8A) The term `depleted' when used with respect to a
stock of fish, means that the stock is of a size that is below
the natural range of fluctuation associated with the production
of maximum sustainable yield.'';
(2) by inserting after paragraph (18) the following:
``(18A) The term `habitat area of particular concern' means
those waters and submerged substrate that form a discrete
vulnerable subunit of essential fish habitat that is required
for a stock to sustain itself and which is designated through a
specified set of national criteria which includes, at a
minimum, a requirement that designation be based on the best
scientific information available regarding habitat-specific
density of that fish stock, growth, reproduction, and survival
rates of that stock within the designated area.'';
(3) by inserting ``and'' after the semicolon in paragraph
(28)(A);
(4) by striking ``factor; and'' in paragraph (28)(B) and
inserting ``factor.'';
(5) by striking subparagraph (C) of paragraph (28); and
(6) by striking paragraph (29) and inserting the following:
``(29) The term `overfishing' means a rate or level of
fishing mortality that jeopardizes the capacity of a fishery to
produce the maximum sustainable yield on a continuing basis.''.
(b) Conforming Amendments.--
(1) The Act is amended by striking ``overfished'' each
place it appears and inserting ``depleted''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary for the
purposes of carrying out this Act--
``(1) $400,000,000 for fiscal year 2004;
``(2) $415,000,000 for fiscal year 2005;
``(3) $430,000,000 for fiscal year 2006;
``(4) $445,000,000 for fiscal year 2007; and
``(5) $460,000,000 for fiscal year 2008.''.
SEC. 5. TREATY ON PACIFIC COAST ALBACORE TUNA.
(a) Foreign Fishing Under Treaty; Implementation.--Section 202(e)
(16 U.S.C. 1822(e)) is amended by adding at the end the following:
``(6) Treaty on pacific coast albacore tuna vessels.--
``(A) Notwithstanding section 201, foreign fishing
may be conducted pursuant to the Treaty between the
Government of the United States of America and the
Government of Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges, signed at Washington May
26, 1981, including its Annexes and any amendments
thereto.
``(B) The Secretary of Commerce, with the
concurrence of the Secretary of State, may promulgate
regulations necessary to discharge the obligations of
the United States of America under the Treaty between
the Government of the United States of America and the
Government of Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges, signed at Washington May 26, 1981,
including its Annexes and any amendments thereto.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 201(a)(1) (16 U.S.C. 1821(a))
is amended by striking ``or (c)'' and inserting ``or (c),
section 202(e)(6),''.
(2) Section 204(a) (16 U.S.C. 1824 (a)) is amended by
striking ``vessel.'' and inserting ``vessel or the fishing is
authorized under section 202(e)(6).''.
(3) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by
striking ``section 201(i),'' and inserting ``section 201(i) and
foreign fishing permitted under section 202(e)(6),''.
SEC. 6. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ``that is at least equal in
effectiveness to the program established by the Secretary;'' and
inserting ``or other monitoring program that the Secretary determines
is adequate to monitor harvest, bycatch, and compliance with the laws
of the United States by vessels fishing under the agreement;''.
(b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C.
1824(e)(4)(A)(i)) is amended to read as follows:
``(i) Pacific Insular Area observer programs, or other
monitoring programs, that the Secretary determines are adequate
to monitor the harvest, bycatch, and compliance with the laws
of the United States by foreign fishing vessels that fish under
Pacific Insular Area fishing agreements;''.
SEC. 7. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by
inserting ``and of commonwealths, territories, and possessions of the
United States in the Caribbean Sea'' after ``seaward of such States''.
SEC. 8. NOTICE OF COUNCIL MEETINGS.
(a) Regular and Emergency Meetings.--The first sentence of section
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended to read as follows:
``Timely public notice of each regular meeting and each emergency
meeting, including the time, place, and agenda of the meeting shall be
provided by any means that will result in wide publicity in the major
fishing ports of the region (and in other major fishing ports having a
direct interest in the affected fishery).''
(b) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local newspapers'' and
inserting ``provide notice by any means that will result in wide
publicity''.
SEC. 9. FISHERY MANAGEMENT PLAN REQUIREMENTS.
Section 303(a)(5) (16 U.S.C. 1853(a)(5)) is amended by inserting
``harvest and processing revenues (by species), production costs,
capital expenditures, and other fishing or processing expenses'', after
``number of hauls,''.
SEC. 10. SUBMISSION OF ECONOMIC DATA.
Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is amended by striking
``(other than economic data)''.
SEC. 11. INDIVIDUAL FISHING QUOTAS
(a) In General.--Section 303 (16 U.S.C. 1853) is amended--
(1) by striking subsection (b)(6) and inserting the
following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) the conservation requirements of this Act
with respect to the fishery;
``(B) present participation in the fishery;
``(C) historical fishing practices in, and
dependence on, the fishery;
``(D) the economics of the fishery;
``(E) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(F) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(G) the fair and equitable distribution of a
public resource; and
``(H) any other relevant considerations;'';
(2) by striking subsection (d) and inserting the following:
``(d) Fishing Quota Systems.--
``(1) Establishment.--Any fishery management plan or
amendment that is prepared by any Council, or by the Secretary,
with respect to any fishery, may establish a fishing quota
system consistent with the provisions of subsection (b)(6).
``(2) In General.--The Councils and Secretary shall ensure
that any such fishing quota system submitted and approved after
September 30, 2004, complies with the requirements of this
section and--
``(A) shall prevent any person from acquiring an
excessive share of the fishing quotas issued, as
appropriate for the fishery, and establish any other
limits or measures necessary to prevent inequitable
concentration of quota share;
``(B) shall provide for the fair and equitable
initial allocation of quota share and in such
allocation--
``(i) shall take into account present and
historic participation in the fishery;
``(ii) shall consider allocating a portion
of the annual harvest to entry-level fishermen,
small vessel owners, skippers, crew members,
and fishing communities; and
``(iii) may allocate shares among
categories of vessels or gear types;
``(C) shall contain provisions for the regular
review and evaluation of the system, including
timetables and criteria for evaluating performance, and
actions to be taken for failure to meet the criteria;
``(D) shall contain criteria that would govern
limitation, revocation, renewal, reallocation, or
reissuance of fishing quota, including:
``(i) reallocation or reissuance of quota
revoked pursuant to section 308 of this Act;
``(ii) revocation and reissuance of fishing
quota if the owner of the quota cease to
substantially participate in the fishery; and
``(iii) exceptions to revocation or
limitation in cases of death, disablement,
undue hardship, or in any case in which fishing
is prohibited by the Secretary;
``(E) shall provide a process for appeals of
decisions on--
``(i) eligibility of a person to receive or
bid for an allocation of quota shares; and
``(ii) limitations, restrictions and
revocations of quota held by a person;
``(F) shall promote management measures to improve
the conservation and management of the fishery,
including reduction of bycatch;
``(G) shall provide for effective enforcement,
monitoring, management of such system, including
adequate data collection and use of observers at least
at a level of coverage that should yield statistically
significant results;
``(H) may provide for the sale, lease or transfer
of quota shares and limitations thereto;
``(I) shall provide a mechanism, such as fees as
authorized by section 304(d)(2), including fees payable
on quota transfers to recover costs related to
administering and implementing the program, including
enforcement, management and data collection (including
adequate observer coverage), if the assessment of such
fees is proportional to the amount of quota held and
fished by each quota holder and if such fees are used
only for that fishing quota system;
``(J) shall consider the use of community or area-
based approaches and strategies in developing fishing
quota systems and consider other management measures,
including measures to facilitate formation of fishery
cooperative arrangements, taking into account proximity
to and dependence on the resource, contribution of
fishing to the social and economic status of the
community, and historic participation in the fishery;
and
``(K) shall include procedures and requirements
necessary to carry out subparagraphs (A) through (J).
``(3) No creation of right, title, or interest.--A fishing
quota or other limited access system authorization--
``(A) shall be considered a permit for the purposes
of sections 307, 308, and 309;
``(B) may be revoked or limited at any time in
accordance with this Act, including for failure to
comply with the terms of the plan or if the system is
found to have jeopardized the sustainability of the
stock or the safety of fishermen;
``(C) shall not confer any right of compensation to
the holder of such fishing quota or other such limited
access system authorization if it is revoked or
limited;
``(D) shall not create, or be construed to create,
any right, title, or interest in or to any fish before
the fish is harvested; and
``(E) shall be considered a grant of permission to
the holder of the fishing quota to engage in activities
permitted by the fishing quota system.
``(4) Eligibility.--Persons eligible to hold fishing quota
shares are persons who are United States citizens, or who are
United States nationals or permanent resident aliens qualified
by Federal law to participate in the fishery.
``(5) Duration.--Any fishing quota system established under
this section after the date of enactment of the Fishery
Conservation and Management Amendments Act of 2004 shall expire
at the end of a 10-year period beginning on the date the system
is established, or at the end of successive 10 year periods
thereafter, unless extended by a fishery management plan
amendment in accordance with this Act, for successive periods
not to exceed 10 years.
``(6) Referendum procedures.--
``(A) Except as provided in subparagraph (C) for
the Gulf of Mexico commercial red snapper fishery, a
Council may not submit, and the Secretary not approve
or implement a fishery management plan or amendment
that creates a fishing quota system, including a
secretarial plan, unless such a system, as ultimately
developed, has been approved by more than two-thirds of
those voting in a referendum among eligible permit holders. If a
fishing quota system fails to be approved by the requisite number of
those voting, it may be revised and submitted for approval in a
subsequent referendum.
``(B) The Secretary shall conduct the referendum
referred to in this paragraph, including notifying all
persons eligible to participate in the referendum and
making available to them information concerning the
schedule, procedures and eligibility requirements for
the referendum process and the proposed fishing quota
system. The Secretary shall within one year of
enactment of the Fishing Quota Act of 2003 publish
guidelines and procedures to determine procedures and
voting eligibility requirements for referenda and to
conduct such referenda in a fair and equitable manner.
``(C) The provisions of section 407(c) shall apply
in lieu of this paragraph for any fishing quota system
for the Gulf of Mexico commercial red snapper fishery.
``(D) Chapter 35 of title 44, United States Code,
(commonly known as the `Paperwork Reduction Act') does
not apply to the referenda conducted under this
paragraph.
``(7)(A) No provision of law shall be construed to limit
the authority of a Council to submit, or 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 a fishing quota system.
``(B) This subsection shall not apply to, or 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.
``(8)(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 fishing quotas in that fishery by
fishermen who fish from small vessels; and
``(ii) first-time purchase of 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.''.
(b) Independent Review.--Section 303 (16 U.S.C. 1853) is further
amended by adding at the end the following:
``(e) Independent Review of Effectiveness.--
``(1) Within 5 years after the date of enactment of the
Fishery Conservation and Management Amendments Act of 2004, and
every 5 years thereafter, the National Research Council shall
provide an independent review of the effectiveness of fishing
quota systems conducted in Federal fisheries.
``(2) The review shall be conducted by an independent panel
of individuals who have knowledge and experience in fisheries
conservation and management, in the implementation of fishing
quota systems, or in the social or economic characteristics of
fisheries. The National Research Council shall ensure that
members of the panel are qualified for appointment, are not
active quota share holders, and provide fair representation to
interests affected by such programs.
``(3) The independent review of fishing quota systems shall
include--
``(A) a determination of how fishing quota systems
affect fisheries management and contribute to improved
management, conservation (including bycatch reduction)
and safety in the fishery;
``(B) formal input in the form of testimony from
quota holders relative to the effectiveness of the
fishing quota system;
``(C) an evaluation of the social, economic and
biological consequences of the quota system, including
the economic effects of the system on fishing
communities;
``(D) an evaluation of the costs of implementing,
monitoring and enforcing the systems and the methods
used to establish or allocate individual quota shares;
and
``(E) recommendations to the Councils and the
Secretary to ensure that quota systems meet the
requirements of this Act and the goals of the plans,
and recommendations to the Secretary for any changes to
regulations issued under section 304(i).
``(4) The Secretary shall submit the report to the Congress
and any appropriate Councils within 60 days after the review is
completed.''.
(c) Action on Limited Access Systems.--Section 304 (16 U.S.C. 1854)
is amended by adding at the end the following:
``(i) Action on Limited Access Systems.--Within 1 year after the
date of enactment of the Fishery Conservation and Management Amendments
Act of 2004, the Secretary shall issue regulations which establish
requirements for establishing a fishing quota system. Nothing in this
paragraph prohibits a Council or the Secretary from initiating
development of a fishing quota system consistent with the provisions of
this Act pending publication of the final regulations.''.
(d) Definitions.--Section (16 U.S.C. 1802) is amended by--
(1) adding at the end the following:
``(46) The term `United States Citizen' means an individual
who is a citizen of the United States or a corporation,
partnership, association, or other entity that qualifies to
document a fishing vessel as a vessel of the United States
under chapter 121 of title 46, United States Code.'; and
(2) striking ```individual fishing quota''' in paragraph
(21) and inserting ```fishing quota system'''.
(e) Conforming Amendments.--
(1) The following provisions are each amended by striking
``individual fishing quota'' and inserting ``fishing quota'':
(A) Section 304(c)(3) (16 U.S.C.1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16
U.S.C.1854(d)(2)(A)(i)).
(C) Section 402(b)(1)(D) (16 U.S.C.
1881a(b)(1)(D)).
(D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16
U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)).
(2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual''.
SEC. 12. GULF OF MEXICO FISHING QUOTA SYSTEMS.
Section 407(c) (16 U.S.C. 1883) is amended by adding at the end the
following:
``(3) The initial referendum described in paragraph (1) shall be
used to determine support for whether the sale, transfer, or lease of
quota shares shall be allowed.''.
SEC. 13. ACTION BY THE SECRETARY.
(a) Review of Plans and Initial Regulations.-- Section 304(a)(1)
(16 U.S.C. 1854(a)(1)) is amended--
(1) by striking ``amendment,'' before subparagraph (A) and
inserting ``amendment and any proposed implementing regulations
prepared under section 303(c)(1),'';
(2) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(3) by inserting before subparagraph (B), as so
redesignated, the following:
``(A)(i) immediately make a preliminary evaluation
of the management plan or amendment for purposes of
deciding whether it is--
``(I) consistent with the national
standards, the other provisions of this Act,
and other applicable law; and
``(II) sufficient in scope and substance to
warrant review under this subsection;
``(ii) if that decision is affirmative with respect
to both subclauses (I) and (II) of clause (i),
implement subparagraphs (B) and (C) with respect to the
plan or amendment; and
``(iii) if that decision is negative with respect
to either subclause (I) or (II) of clause (i),
disapprove the plan or amendment and notify the Council
in writing of the disapproval and of those matters
specified under paragraph (3)(A), (B), and (C) with
respect to the plan or amendment;'' and
(4) by amending subparagraph (C), as so redesignated, to
read as follows:
``(C) by the 15th day following transmittal of the
plan or amendment, and proposed implementing
regulations, publish in the Federal Register--
``(i) a notice stating that the plan or
amendment is available and that written data,
views, or comments of interested persons on the
plan or amendment may be submitted to the
Secretary during the 50-day period beginning on
the date the notice is published; and
``(ii) any proposed implementing
regulations that are consistent with the
fishery management plan or amendment, this Act,
and any other applicable law, for a comment
period of 50 days, except that the Secretary
may include such technical changes to the
Council's proposed regulations as may be
necessary for clarity, along with an
explanation of those changes.''.
(b) Review of Proposed Modifications.--
(1) Paragraph (1) of section 304(b) (16 U.S.C. 1854(b)) is
amended to read as follows:
``(1)(A) Upon transmittal by the Council to the Secretary
of regulations proposed under section 303(c)(2), 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.
``(B) If the Secretary determines that the regulations are
consistent, the Secretary shall, within 15 days of transmittal,
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, unless the Secretary finds good cause not to
publish a notice of proposed rulemaking in accordance with
section 553 of title 5, United States Code.
``(C) If the Secretary determines that the regulations are
not consistent, the Secretary shall, within 15 days of
transmittal, 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) Section 304(b)(2) (16 U.S.C. 1854(b)(2)) is amended by
striking ``paragraph (1)(B),'' and inserting ``paragraph
(1)(C),''.
(3) Section 304(b)(3) (16 U.S.C. 1854(b)(3)) is amended by
striking ``paragraph (1)(A).'' and inserting ``paragraph
(1)(B), and within 45 days after the end of the comment period
under subsection (a)(1)(C).''.
(4) Section 304(b)(16 U.S.C. 1854(b)) is amended by adding
at the end the following:
``(4) For regulatory actions, other than those proposed by
a Council under section 303(c), that are taken in accordance
with a fishery management plan, the Secretary shall process the
actions in accordance with the plan. If the Secretary
determines that the actions are consistent with the plan, this
Act, and other applicable law, the Secretary shall publish in the
Federal Register a notice of the actions. The Secretary may find good
cause not to publish a notice of proposed rulemaking in accordance with
section 553 of title 5, United States Code.''.
SEC. 14. REBUILDING DEPLETED FISHERIES.
(a) In General.--Section 304(e)(4) (16 U.S.C. 1854) is amended to
read as follows:
``(4) The Secretary shall promulgate regulations to govern fishing
after January 1, 2008, that--
``(A) limit fishing mortality to a rate not greater than
the rate that would be expected to produce maximum sustainable
yield, except--
``(i) in cases where management measures under an
international agreement in which the United States
participates dictate otherwise; and
``(ii) as provided in subparagraph (B);
``(B) for stocks that are depleted, limit fishing mortality
to 80 percent of the fishing mortality rate that would be
expected to produce maximum sustainable yield, except in cases
where management measures under an international agreement in
which the United States participates dictate otherwise; and
``(C) allocate both fishing restrictions and recovery
benefits fairly and equitably among gear sectors and
communities in the fishery, taking into account long term
historical participation in the fishery.''.
(b) Section 304(e)(3) (16 U.S.C. 1854(e)(3)) is amended by striking
``Within one year of an identification under paragraph (1)'' and
inserting ``Within 1 year after a fishery is identified as depleted or
approaching a condition of being depleted,''.
(c) Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) by redesignating paragraphs (2) through (14) as
paragraphs (3) through (15), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) specify a biomass limit below which the stock should
not be allowed to fall and a threshold below which the fishing
mortality rate must be reduced;''.
SEC. 15. STEAMING TIME.
Section 301(a)(4) (16 U.S.C. 1851(a)(4)) is amended by striking
``privileges.'' and inserting ``privileges, and shall take into account
the differences in distances to fishing grounds from different
States.''.
SEC. 16. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B)
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' and
inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after
``emergency regulations''.
SEC. 17. FISHING CAPACITY REDUCTION PROGRAM.
Section 312 (16 U.S.C. 1861(a)) is amended by striking subsections
(b) through (e) and inserting the following:
``(b) Fishing Capacity Reduction Program.--
``(1) The Secretary may conduct a fishing capacity
reduction program in a fishery under the authority of the
Secretary, a Council or a State if the Secretary determines
that the program--
``(A) is necessary to improve either the fishery's
conservation and management or the fishery's economic
efficiency, stability, safety, well being,
organizational effectiveness, or subsequent
rationalization;
``(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--
``(i) will prevent replacement of the
fishing capacity that the program removes
through a moratorium on new entrants,
practicable restrictions on vessel upgrades,
and measures that take into account any latent
fishing capacity in the fishery's fleet; and
``(ii) establishes a specified or target
total allowable catch or other measures that
trigger fishery closure or adjustments;
``(C) is cost-effective and, in the instance of a
program involving an industry-fee system, prospectively
capable of repaying any debt obligation incurred under
section 1111 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279d); and
``(D) all participants in the capacity reduction
program participate on a voluntary basis, but the
Secretary is authorized to ensure compliance with the
program by those who choose to participate.
``(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 the permit
authorizing the participation of the vessel in the
fishery is surrendered for permanent revocation and the
vessel owner and permit holder relinquish any claim
associated with the vessel or permit that could qualify
such owner or holder for any present or future limited
access system permit in the fishery for which the
program is established and such vessel is--
``(i) scrapped; or
``(ii) subjected to title restrictions
(including, but not limited to, loss of the
vessel's fisheries endorsement) by the
Secretary of the department in which the Coast
Guard is operating, that permanently prohibit
and effectively prevent its use in domestic
fishing; 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 is
established.
``(3) 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 the 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 under an industry fee system
established under subsection (d) and in accordance with
section 1111 of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279d); or
``(D) provided by any State or other public or
private or non-profit organization.
``(2) All funds for the program, including any fees
established under subsection (d), shall be paid into the
fishing capacity reduction funds established under section 1111
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279d).
``(d) Industry Fee System.--
``(1)(A) If an industry fee system is necessary to fund the
program, the Secretary shall conduct a referendum on such
system. Prior to the referendum, the Secretary 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 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 the Merchant
Marine Act, 1936 (46 U.S.C. App. 1279d). 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 involved in the program harvested from the
fishery for which the program is established;
``(C) be deducted by the first ex-vessel purchaser
from the proceeds otherwise payable to the seller and
accounted for and forwarded by such fish purchasers to
the Secretary in such a manner as the Secretary may
establish unless the Secretary determines that such
fees should be collected from the seller; and
``(D) be in effect only until such time as the debt
obligation has been fully paid.
``(e) Program Implementation.--
``(1) The Secretary shall propose and adopt framework
regulations applicable to implementing all programs under this
section.
``(2) The Secretary shall implement each program under this
section by proposing and adopting regulations that shall,
together with the framework regulations, establish each program
and control its implementation.
``(3) The harvester proponents of each program shall,
before the Secretary proposes such regulation, provide to the
Secretary a proposed implementation plan that--
``(A) proposes the types and numbers of vessels or
permits that are eligible to participate in the program
and the manner in which the program shall proceed,
taking into account--
``(i) the requirements of this section;
``(ii) the requirements of the framework
regulations;
``(iii) the characteristics of the fishery;
``(iv) the requirements of the applicable
fishery management plan and any amendment that
such plan may require to support the proposed
program;
``(v) the general needs and desires of
harvesters in the fishery;
``(vi) the need to minimize program costs;
and
``(vii) other matters, including the manner
in which such proponents propose to fund the
program to ensure its cost effectiveness, as
well as any relevant factors demonstrating the
potential for, or necessary to obtain, the
support and general cooperation of a
substantial number of affected harvesters in
the fishery (or portion of the fishery) for
which the program is intended; and
``(B) suggests proposed procedures for program
participation (such as submission of owner bids under
an auction system or fair market-value assessment),
including any terms and condition for participation,
that the harvester proponents deem to be reasonably
necessary to meet the program's proposed objectives.
``(4) The Secretary shall contract with each person
participating in a program, and each such contract shall, in
addition to including such other matters as the Secretary deems
necessary and appropriate to effectively implement each program
(including penalties for contract non-performance) be consistent with
the framework and implementing regulations and all other applicable
law.
``(5) Each program not involving fair market assessment
shall involve a reduction auction that scores the reduction
price of each bid offer by the data relevant to each bidder
under an appropriate fisheries productivity factor. If the
Secretary accepts bids, the Secretary shall accept each bid in
the rank order of its bid score, with each bid whose reduction
price is the lowest percentage of the productivity factor being
first accepted over each bid whose reduction factor is the next
lowest percentage of the productivity factor.
``(6) Each program shall proceed by the Secretary issuing
invitations to bid setting out the terms and conditions for
participation consistent with the framework and implementing
regulations. Each bid that the Secretary receives in response
to the invitation to bid shall constitute an irrevocable offer
from the bidder.''.
SEC. 18. COLLECTION OF INFORMATION.
(a) Programs Initiated by Secretary.--Section 402 (16 U.S.C. 1881a)
is amended--
(1) by redesignating subsection (a) as paragraph (1) and
moving the left margin 2 ems to the right;
(2) by inserting ``(a) Collection Programs.--'' before
paragraph (1), as redesignated;
(3) by striking ``subsection'' in the last sentence of
paragraph (1), as redesignated, and inserting ``paragraph'';
and
(4) by adding inserting after paragraph (1), as
redesignated, the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring submission
of such additional information for the fishery.''.
(5) by striking ``under this Act shall be confidential and
shall not be disclosed,'' in subsection (b)(1) and inserting
``under this Act, and that would disclose proprietary or
confidential commercial or financial information regarding
fishing operations or fish processing operations, shall be kept
confidential and not disclosed for a period of 20 years
following the year of submission to the Secretary,''; and
(6) by striking ``under this Act,'' in subsection (b)(2)
and inserting ``under this Act, and that would disclose
proprietary or confidential commercial or financial information
regarding fishing operations or fish processing operations,''.
(b) Collection of Certain Information Regarding Business
Operations.--Paragraph (1) of section 402(a) (16 U.S.C. 1881a(a)), as
redesignated by subsection (a) of this section, is amended by striking
``(other than information that would disclose proprietary or
confidential commercial or financial information regarding fishing
operations or fish processing operations)'' each place it appears.
SEC. 19. ACCESS TO CERTAIN INFORMATION.
(a) Certain State Employees.--Section 402(b)(1) (16 U.S.C.
1881a(b)(1)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) to State employees who are responsible for fishery
management plan monitoring, if the States employing those
employees have entered into a fishery enforcement agreement
with the Secretary and the agreement is in effect;''.
(b) Determinations Under Limited Access System.--Section 402(b)(1)
(16 U.S.C. 1881a(b)(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(F), as redesignated by subsection (a) of this section;
(2) by striking ``Act.'' in subparagraph (G), as
redesignated by subsection (a), and inserting ``Act; or''; and
(3) by adding at the end the following:
``(H) when such information is required by the Secretary
for any determination under a limited access system.''.
SEC. 20. MAINE POCKET WATERS.
Section 808(a) of the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5107a(a)) is amended by striking paragraphs
(1) through (4) and inserting the following:
``(1) west of Monhegan Island in the area north of the line
43 degrees 42'10.0"N, 69 degrees 34'16.0"W and 43 degrees
42'15.0"N, 69 degrees 19'18.0"W;
``(2) east of Monhegan Island in the area located north of
the line 43 degrees 44'0.0"N, 69 degrees 15'05.0"W and 43
degrees 48'10.0"N, 69 degrees 08'01.0"W;
``(3) southeast of Matinic Island in the area located north
of the line 43 degrees 48'10.0"N, 69 degrees 08'01.0"W and 43
degrees 44'08.0"N, 69 degrees 53'01.0"W;
``(4) south of Vinalhaven Island in the area located west
of the line 43 degrees 52'18.5"N, 68 degrees 40'0.0"W, and 43
degrees 58'10.5"N, 68 degrees 32'57.0"W;
``(5) south of Bois Bubert Island in the area located
northwest of the line 44 degrees 19'16.5"N, 67 degrees
49'30.0"W, and 44 degrees 23'40.0"N and 67 degrees 40'30.0"W.".
SEC. 21. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.
Section 111(b)(6) of the Sustainable Fisheries Act (16 U.S.C. 1855
note) is amended to read as follows:
``(6) For purposes of this subsection, `Western Pacific
community' shall mean a community eligible to participate under
section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i)
through (iv)).''.
SEC. 22. COOPERATIVE RESEARCH AND MANAGEMENT.
The Act is amended by adding at the end the following:
``TITLE V--COOPERATIVE RESEARCH AND MANAGEMENT
``SEC. 501. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish a national
cooperative research and management program to be administered by the
National Marine Fisheries Service, based on recommendations by the
Councils. The program shall consist of cooperative research and
management activities between fishing industry participants, the
affected States, and the Service.
``(b) Research Awards.--Each research project under this program
shall be awarded on a standard competitive basis established by the
Service, in consultation with the Councils. Each Council shall
establish a research steering committee to carry out this subsection.
``(c) Guidelines.--The Secretary, in consultation with the
appropriate Council and the fishing industry, shall create guidelines
so that participants in this program are not penalized for loss of
catch history or unexpended days-at-sea as part of a limited entry
system.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the National Marine Fisheries Service, in addition to
amounts otherwise authorized by this Act, the following amounts, to
remain available until expended, for the conduct of this program:
``(1) $25,000,000 for fiscal year 2004.
``(2) $30,000,000 for fiscal year 2005.
``(3) $35,000,000 for fiscal year 2006.
``(4) $40,000,000 for fiscal year 2007.
``(5) $45,000,000 for fiscal year 2008.
``(e) New England Trawl Survey.--Of the funds authorized in
subsection (d) $3,000,000 shall be authorized for the purpose of
cooperative comparative trawl research between the National Marine
Fisheries Service and fishing industry participants for the Northeast
multispecies groundfish fishery, which the Secretary shall design and
administer with input from fishing industry participants and other
interested stakeholders.''.
SEC. 23. INDEPENDENT PEER REVIEW OF DATA COLLECTION PROCEDURES.
The Act is amended by adding at the end of title IV (16 U.S.C. 1881
et seq.) the following:
``SEC. 408. PEER REVIEW.
``(a) In General.--The National Academy of Sciences shall review
and recommend measures for improving National Marine Fisheries
Service's procedures for ensuring data quality in the data collection
phase of the stock assessment program.
``(b) Subject Matter.--The review shall address--
``(1) the quality control protocols through which stock
assessment equipment is calibrated, operated, inspected, and
maintained;
``(2) the frequency and financial cost of these quality
control checks;
``(3) how the accuracy and validity of data collected with
sampling equipment is verified; and
``(4) how measurement error is accounted for in stock
assessment modeling and analysis based on these data.
``(c) Scope.--The review shall apply to all activities that affect
stock assessment data quality, whether conducted by the National Marine
Fisheries Service or by National Marine Fisheries Service
contractors.''.
SEC. 24. ADVISORY COMMITTEE REFORM AND PEER REVIEW.
(a) Committe and Council Procedure Reforms.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by adding at the end of paragraph (3) the following:
``(C) For each committee established under subparagraph
(A), each Council shall establish standard operating procedures
relating to time, place, public participation, and frequency of
meetings, a description of the type and format of information
to be provided under subparagraph (A), a description of how
recommendations under subparagraph (A) will be used, and other
relevant factors.'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) Each Council shall establish standard operating
procedures relating to the relevant scientific review committee
or committees that are responsible for conducting peer reviews
of all stock assessments and economic and social analyses
prepared for fisheries under the Council's jurisdiction.
Committees under this paragraph shall consist of members from
the committee established under paragraph (1) of this
subsection and, to the extent practicable, independent
scientists qualified to peer review such assessments and
analyses.''.
(b) Peer Review.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) to the extent practicable conduct a peer review of
any stock assessments and economic and social analyses prepared
for a fishery under its jurisdiction, utilizing the procedures
established under subsection (g)(5); and''.
SEC. 25. CUMULATIVE IMPACTS.
(a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8))
is amended to read as follows:
``(8) Conservation and management measures shall,
consistent with the conservation requirements of this Act
(including the prevention of overfishing and rebuilding of
overfished stocks), Utilize economic and social data and
assessment methods of the highest analytical standards when
taking into account the importance of fishery resources to
fishing communities, and the individual and cumulative economic
and social impacts of fishery conservation and management
measures on such communities, in order to--
``(A) provide for the sustained participation of
such communities; and
``(B) to the extent practicable, minimize adverse
social and economic impacts on such communities.''.
(b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is
amended by striking ``describe the likely effects, if any, of the
conservation and management measures on--'' and inserting ``describe in
detail the likely effects, including the individual and cumulative
economic and social impacts, of the conservation and management
measures on and possible mitigation measures for--''.
SEC. 26. ESSENTIAL FISH HABITAT.
(a) Fishery Management Plans.--Section 303(a)(7) (16 U.S.C.
1853(a)(7)) is amended to read as follows:
``(7) describe and identify essential fish habitat and
habitat areas of particular concern for the fishery based on
the guidelines established by the Secretary under section
305(b)(1)(A), and give priority to minimizing to the extent
practicable adverse effects on habitat areas of particular
concern caused by fishing and identify other actions to
encourage the conservation and enhancement of such habitat;''.
(b) Fish Habitat Requirement.--Section 305(b)(1) (16 U.S.C.
1855(b)(1)) is amended by inserting ``and habitat areas of particular
concern'' after ``essential fish habitat'' each place it appears in
subparagraphs (A) and (B).
SEC. 27. COOPERATIVE ENFORCEMENT AGREEMENTS.
Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end
thereof the following:
``SEC. 315. COOPERATIVE ENFORCEMENT USES.
``(a) In General.--The Governor of a State represented on an
Interstate Fisheries Commission may apply to the Secretary for
execution of a cooperative enforcement agreement with the Secretary
that will authorize the deputization of State law enforcement officers
with marine law enforcement responsibilities to perform duties of the
Secretary relating to law enforcement provisions under this Act or any
other marine resource laws enforced by the Secretary. Upon receiving an
application meeting the requirements of this section, the Secretary
shall enter into the cooperative enforcement agreement with the
requesting State.
``(b) Requirements.--Cooperative enforcement agreements executed
under subsection (a)--
``(1) shall be consistent with the purposes and intent of
section 311(a) of this Act, to the extent applicable to the
regulated activities; and
``(2) may include specifications for joint management
responsibilities as provided by the first section of Public Law
91-412 (15 U.S.C. 1525).
``(c) Authorization and Allocation of Funds.--There are authorized
to be appropriated to the Secretary for the purposes of carrying out
this section $10,000,000 in each of fiscal years 2004 through 2008. The
Secretary shall include in each cooperative enforcement agreement an
allocation of funds to assist in management of the agreement. The
allocation shall be equitably distributed among all States
participating in cooperative enforcement agreements under this
subsection, based upon consideration of the specific marine
conservation enforcement needs of each participating State. Such
agreement may provide for amounts to be withheld by the Secretary for
the cost of any technical or other assistance provided to the State by
the Secretary under the agreement.''.
SEC. 28. SCIENTIFIC AND STATISTICAL COMMITTEES REPORT ON ECOSYSTEM
RESEARCH PRIORITIES; PILOT PROGRAM FOR FISHERY ECOSYSTEM
PLANS.
Section 406 (16 U.S.C. 1882) is amended by adding at the end
thereof the following:
``(f) Research.--
``(1) Report required.--Within 12 months after the date of
enactment of the Fishery Conservation and Management Amendments
Act of 2004 the Scientific and Statistical Committees of each
regional fishery management council shall identify and submit a
report to the Secretary outlining prioritized information or
research needs to support ecosystem based management of the
fisheries within its jurisdiction. In determining what factors
to consider, the Committees may consider the recommendations
outlined in the report under section (d).
``(2) Assistance.--The Secretary shall provide assistance
to the regional councils to obtain the prioritized information
and conduct research identified in the reports under paragraph
(1). These efforts shall not displace existing research efforts
and priorities identified by the regional councils or the
Secretary.
``(g) Pilot Program.--
``(1) In general.--Within 18 months after the date of
enactment of the Fishery Conservation and Management Amendments
Act of 2004 the Secretary, in consultation with the 8 regional
fishery management council Chairs and affected stakeholders,
shall identify at least one fishery or complex of interacting
fisheries suitable for the development of a pilot Fishery
Ecosystem Plan. The Secretary shall consider the reports
submitted under subsection (f) when selecting the pilot
program.
``(2) Coordination with appropriate council.--After
identifying the pilot Fishery Ecosystem Plan, the Secretary
shall coordinate with the appropriate regional fishery
management council to identify any information or conduct any
research that may be needed to complete such a plan including a
model of the food web, habitat needs of organisms identified in
the food web, rates of mortality, identification of indicator
species, and any other relevant data and monitoring needs.
``(3) Fishery ecosystem plan.--Within 30 months after
identification of the pilot fishery or complex of interacting
fisheries, the appropriate regional fishery management council
shall submit to the Secretary for approval a Fishery Ecosystem
Plan. In creating such plan, the council may consider the
recommendations outlined in the report under section (d).''.
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