§1851. National standards for fishery conservation and management
(a) In general
Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this subchapter shall be consistent with the following national standards for fishery conservation and management:
(1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.
(2) Conservation and management measures shall be based upon the best scientific information available.
(3) To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.
(4) Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.
(5) Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.
(6) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.
(7) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.
(8) Conservation and management measures shall, consistent with the conservation requirements of this chapter (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.
(b) Guidelines
The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.
(
References in Text
This chapter, referred to in subsec. (a)(8), was in the original "this Act", meaning
Amendments
1996-Subsec. (a)(5).
Subsec. (a)(8) to (10).
1984-Subsec. (a)(1).
1983-Subsec. (b).
Short Title of 1997 Amendment
Limitation on Fishing Permits
"(a) None of the funds made available in this Act or any other Act hereafter enacted may be used to issue or renew a fishing permit or authorization for any fishing vessel of the United States greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower as specified in the permit application required under part 648.4(a)(5) of title 50, Code of Federal Regulations, part 648.12 of title 50, Code of Federal Regulations, and the authorization required under part 648.80(d)(2) of title 50, Code of Federal Regulations, to engage in fishing for Atlantic mackerel or herring (or both) under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), unless the regional fishery management council of jurisdiction recommends after October 21, 1998, and the Secretary of Commerce approves, conservation and management measures in accordance with such Act to allow such vessel to engage in fishing for Atlantic mackerel or herring (or both).
"(b) Any fishing permit or authorization issued or renewed prior to the date of the enactment of this Act [Oct. 21, 1998] for a fishing vessel to which the prohibition in subsection (a) applies that would allow such vessel to engage in fishing for Atlantic mackerel or herring (or both) during fiscal year 1999 shall be null and void, and none of the funds made available in this Act [see Tables for classification] may be used to issue a fishing permit or authorization that would allow a vessel whose permit or authorization was made null and void pursuant to this subsection to engage in the catching, taking, or harvesting of fish in any other fishery within the exclusive economic zone of the United States."
Bering Sea Pollock Fishery
"SEC. 205. DEFINITIONS.
"As used in this subtitle-
"(1) the term 'Bering Sea and Aleutian Islands Management Area' has the same meaning as the meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on October 1, 1998;
"(2) the term 'catcher/processor' means a vessel that is used for harvesting fish and processing that fish;
"(3) the term 'catcher vessel' means a vessel that is used for harvesting fish and that does not process pollock onboard;
"(4) the term 'directed pollock fishery' means the fishery for the directed fishing allowances allocated under paragraphs (1), (2), and (3) of section 206(b);
"(5) the term 'harvest' means to commercially engage in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish;
"(6) the term 'inshore component' means the following categories that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area:
"(A) shoreside processors, including those eligible under section 208(f); and
"(B) vessels less than 125 feet in length overall that process less than 126 metric tons per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod;
"(7) the term 'Magnuson-Stevens Act' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
"(8) the term 'mothership' means a vessel that receives and processes fish from other vessels in the exclusive economic zone of the United States and is not used for, or equipped to be used for, harvesting fish;
"(9) the term 'North Pacific Council' means the North Pacific Fishery Management Council established under section 302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
"(10) the term 'offshore component' means all vessels not included in the definition of 'inshore component' that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area;
"(11) the term 'Secretary' means the Secretary of Commerce; and
"(12) the term 'shoreside processor' means any person or vessel that receives unprocessed fish, except catcher/processors, motherships, buying stations, restaurants, or persons receiving fish for personal consumption or bait.
"SEC. 206. ALLOCATIONS.
"(a)
"(b)
"(1) 50 percent to catcher vessels harvesting pollock for processing by the inshore component;
"(2) 40 percent to catcher/processors and catcher vessels harvesting pollock for processing by catcher/processors in the offshore component; and
"(3) 10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore component.
"SEC. 207. BUYOUT.
"(a)
"(b)
"(1) shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock harvested from the directed fishing allowance under section 206(b)(1); and
"(2) shall begin with such pollock harvested on or after January 1, 2000, and continue without interruption until such loan obligation is fully repaid; and
"(3) shall be collected in accordance with section 312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in accordance with such other conditions as the Secretary establishes.
"(c)
"(d)
"(1) up to $90,000,000 to the owner or owners of the catcher/processors listed in paragraphs (1) through (9) of section 209, in such manner as the owner or owners, with the concurrence of the Secretary, agree, except that-
"(A) the portion of such payment with respect to the catcher/processor listed in paragraph (1) of section 209 shall be made only after the owner submits a written certification acceptable to the Secretary that neither the owner nor a purchaser from the owner intends to use such catcher/processor outside of the exclusive economic zone of the United States to harvest any stock of fish (as such term is defined in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802)) that occurs within the exclusive economic zone of the United States; and
"(B) the portion of such payment with respect to the catcher/processors listed in paragraphs (2) through (9) of section 209 shall be made only after the owner or owners of such catcher/processors submit a written certification acceptable to the Secretary that such catcher/processors will be scrapped by December 31, 2000 and will not, before that date, be used to harvest or process any fish; and
"(2)(A) if a contract has been filed under section 210(a) by the catcher/processors listed in section 208(e), $5,000,000 to the owner or owners of the catcher/processors listed in paragraphs (10) through (14) of such section in such manner as the owner or owners, with the concurrence of the Secretary, agree; or
"(B) if such a contract has not been filed by such date, $5,000,000 to the owners of the catcher vessels eligible under section 208(b) and the catcher/processors eligible under paragraphs (1) through (20) of section 208(e), divided based on the amount of the harvest of pollock in the directed pollock fishery by each such vessel in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the federal government that has not been satisfied by such owner or owners of any such vessels.
"(e)
"(f)
"(g)
"SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
"(a)
"(1) determined by the Secretary-
"(A) to have delivered at least 250 metric tons of pollock; or
"(B) to be less than 60 feet in length overall and to have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery in any one of the years 1996 or 1997, or between January 1, 1998 and September 1, 1998;
"(2) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and
"(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under section 206(b)(1) pursuant to a federal fishing permit.
"(b)
"(1) AMERICAN CHALLENGER (United States official number 633219);
"(2) FORUM STAR (United States official number 925863);
"(3) MUIR MILACH (United States official number 611524);
"(4) NEAHKAHNIE (United States official number 599534);
"(5) OCEAN HARVESTER (United States official number 549892);
"(6) SEA STORM (United States official number 628959);
"(7) TRACY ANNE (United States official number 904859); and
"(8) any catcher vessel-
"(A) determined by the Secretary to have delivered at least 250 metric tons and at least 75 percent of the pollock it harvested in the directed pollock fishery in 1997 to catcher/processors for processing by the offshore component; and
"(B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary.
"(c)
"(1) ALEUTIAN CHALLENGER (United States official number 603820);
"(2) ALYESKA (United States official number 560237);
"(3) AMBER DAWN (United States official number 529425);
"(4) AMERICAN BEAUTY (United States official number 613847);
"(5) CALIFORNIA HORIZON (United States official number 590758);
"(6) MAR-GUN (United States official number 525608);
"(7) MARGARET LYN (United States official number 615563);
"(8) MARK I (United States official number 509552);
"(9) MISTY DAWN (United States official number 926647);
"(10) NORDIC FURY (United States official number 542651);
"(11) OCEAN LEADER (United States official number 561518);
"(12) OCEANIC (United States official number 602279);
"(13) PACIFIC ALLIANCE (United States official number 612084);
"(14) PACIFIC CHALLENGER (United States official number 518937);
"(15) PACIFIC FURY (United States official number 561934);
"(16) PAPADO II (United States official number 536161);
"(17) TRAVELER (United States official number 929356);
"(18) VESTERAALEN (United States official number 611642);
"(19) WESTERN DAWN (United States official number 524423); and
"(20) any vessel-
"(A) determined by the Secretary to have delivered at least 250 metric tons of pollock for processing by motherships in the offshore component of the directed pollock fishery in any one of the years 1996 or 1997, or between January 1, 1998 and September 1, 1998;
"(B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and
"(C) not listed in subsection (b).
"(d)
"(1) EXCELLENCE (United States official number 967502);
"(2) GOLDEN ALASKA (United States official number 651041); and
"(3) OCEAN PHOENIX (United States official number 296779).
"(e)
"(1) AMERICAN DYNASTY (United States official number 951307);
"(2) KATIE ANN (United States official number 518441);
"(3) AMERICAN TRIUMPH (United States official number 646737);
"(4) NORTHERN EAGLE (United States official number 506694);
"(5) NORTHERN HAWK (United States official number 643771);
"(6) NORTHERN JAEGER (United States official number 521069);
"(7) OCEAN ROVER (United States official number 552100);
"(8) ALASKA OCEAN (United States official number 637856);
"(9) ENDURANCE (United States official number 592206);
"(10) AMERICAN ENTERPRISE (United States official number 594803);
"(11) ISLAND ENTERPRISE (United States official number 610290);
"(12) KODIAK ENTERPRISE (United States official number 579450);
"(13) SEATTLE ENTERPRISE (United States official number 904767);
"(14) US ENTERPRISE (United States official number 921112);
"(15) ARCTIC STORM (United States official number 903511);
"(16) ARCTIC FJORD (United States official number 940866);
"(17) NORTHERN GLACIER (United States official number 663457);
"(18) PACIFIC GLACIER (United States official number 933627);
"(19) HIGHLAND LIGHT (United States official number 577044);
"(20) STARBOUND (United States official number 944658); and
"(21) any catcher/processor not listed in this subsection and determined by the Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (
"(f)
"(A) shoreside processors (including vessels in a single geographic location in Alaska State waters) determined by the Secretary to have processed more than 2,000 metric tons round-weight of pollock in the inshore component of the directed pollock fishery during each of 1996 and 1997; and
"(B) shoreside processors determined by the Secretary to have processed pollock in the inshore component of the directed pollock fishery in 1996 or 1997, but to have processed less than 2,000 metric tons round-weight of such pollock in each year, except that effective January 1, 2000, each such shoreside processor may not process more than 2,000 metric tons round-weight from such directed fishing allowance in any year.
"(2) Upon recommendation by the North Pacific Council, the Secretary may approve measures to allow catcher vessels eligible under subsection (a) to deliver pollock harvested from the directed fishing allowance under section 206(b)(1) to shoreside processors not eligible under paragraph (1) if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A).
"(g)
"(1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent;
"(2) the replacement vessel was built in the United States and if ever rebuilt, was rebuilt in the United States;
"(3) the fishery endorsement for the replacement vessel is issued within 36 months of the end of the last year in which the eligible vessel harvested or processed pollock in the directed pollock fishery;
"(4) if the eligible vessel is greater than 165 feet in registered length, of more than 750 gross registered tons, or has engines capable of producing more than 3,000 shaft horsepower, the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower;
"(5) if the eligible vessel is less than 165 feet in registered length, of fewer than 750 gross registered tons, and has engines incapable of producing less than 3,000 shaft horsepower, the replacement vessel is less than each of such thresholds and does not exceed by more than 10 percent the registered length, gross registered tons or shaft horsepower of the eligible vessel; and
"(6) the replacement vessel otherwise qualifies under federal law for a fishery endorsement, including under section 12102(c) of title 46, United States Code, as amended by this Act.
"(h)
"(i)
"(1) to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/processor, mothership, or shoreside processor if such eligibility is revoked or limited in any way, including through the revocation or limitation of a fishery endorsement or any federal permit or license;
"(2) to create any right, title, or interest in or to any fish in any fishery; or
"(3) to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor.
"SEC. 209. LIST OF INELIGIBLE VESSELS.
"Effective December 31, 1998, the following vessels shall be permanently ineligible for fishery endorsements, and any claims (including relating to catch history) associated with such vessels that could qualify any owners of such vessels for any present or future limited access system permit in any fishery within the exclusive economic zone of the United States (including a vessel moratorium permit or license limitation program permit in fisheries under the authority of the North Pacific Council) are hereby extinguished:
"(1) AMERICAN EMPRESS (United States official number 942347);
"(2) PACIFIC SCOUT (United States official number 934772);
"(3) PACIFIC EXPLORER (United States official number 942592);
"(4) PACIFIC NAVIGATOR (United States official number 592204);
"(5) VICTORIA ANN (United States official number 592207);
"(6) ELIZABETH ANN (United States official number 534721);
"(7) CHRISTINA ANN (United States official number 653045);
"(8) REBECCA ANN (United States official number 592205); and
"(9) BROWNS POINT (United States official number 587440).
"SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
"(a)
"(A) make available to the public such information about the contract, contract modifications, or fishery cooperative the North Pacific Council and Secretary deem appropriate, which at a minimum shall include a list of the parties to the contract, a list of the vessels involved, and the amount of pollock and other fish to be harvested by each party to such contract; and
"(B) make available to the public in such manner as the North Pacific Council and Secretary deem appropriate information about the harvest by vessels under a fishery cooperative of all species (including bycatch) in the directed pollock fishery on a vessel-by-vessel basis.
"(b)
"(1)
"(A) is signed by the owners of 80 percent or more of the qualified catcher vessels that delivered pollock for processing by a shoreside processor in the directed pollock fishery in the year prior to the year in which the fishery cooperative will be in effect; and
"(B) specifies, except as provided in paragraph (6), that such catcher vessels will deliver pollock in the directed pollock fishery only to such shoreside processor during the year in which the fishery cooperative will be in effect and that such shoreside processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)(1) in the year in which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of pollock harvested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed pollock fishery for processing by the inshore component during 1995, 1996, and 1997 relative to the aggregate total amount of pollock harvested in the directed pollock fishery for processing by the inshore component during such years and shall prevent such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed fishing allowance.
"(2)
"(3)
"(4)
"(5)
"(6)
"(c)
"(d)
"(1)
"(2)
"(e)
"(1)
"(2)
"(3)
"(f)
"(g)
"SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
"(a)
"(b)
"(1)
"(2)
"(A) exceeding the percentage of the harvest available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total harvest by such catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997;
"(B) exceeding the percentage of the prohibited species available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total of the prohibited species harvested by such catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount of prohibited species available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997; and
"(C) fishing for Atka mackerel in the eastern area of the Bering Sea and Aleutian Islands and from exceeding the following percentages of the directed harvest available in the Bering Sea and Aleutian Islands Atka mackerel fishery-
"(i) 11.5 percent in the central area; and
"(ii) 20 percent in the western area.
"(3)
"(A) processing any of the directed fishing allowances under paragraphs (1) or (3) of section 206(b); and
"(B) processing any species of crab harvested in the Bering Sea and Aleutian Islands Management Area.
"(4)
"(A) harvesting any fish in the Gulf of Alaska;
"(B) processing any groundfish harvested from the portion of the exclusive economic zone off Alaska known as area 630 under the fishery management plan for Gulf of Alaska groundfish; or
"(C) processing any pollock in the Gulf of Alaska (other than as bycatch in non-pollock groundfish fisheries) or processing, in the aggregate, a total of more than 10 percent of the cod harvested from areas 610, 620, and 640 of the Gulf of Alaska under the fishery management plan for Gulf of Alaska groundfish.
"(5)
"(6)
"(A) have two observers onboard at all times while groundfish is being harvested, processed, or received from another vessel in any fishery under the authority of the North Pacific Council; and
"(B) weigh its catch on a scale onboard approved by the National Marine Fisheries Service while harvesting groundfish in fisheries under the authority of the North Pacific Council.
This paragraph shall take effect on January 1, 1999 for catcher/processors eligible under paragraphs (1) through (20) of section 208(e) that will harvest pollock allocated under section 206(a) in 1999, and shall take effect on January 1, 2000 for all other catcher/processors eligible under such paragraphs of section 208(e).
"(c)
"(1)
"(A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from exceeding in the aggregate the traditional harvest levels of such vessels in other fisheries under the authority of the North Pacific Council as a result of fishery cooperatives in the directed pollock fishery; and
"(B) protect processors not eligible to participate in the directed pollock fishery from adverse effects as a result of this Act or fishery cooperatives in the directed pollock fishery.
If the North Pacific Council does not recommend such conservation and management measures by such date, or if the Secretary determines that such conservation and management measures recommended by the North Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation restrict or change the authority in section 210(b) to the extent the Secretary deems appropriate, including by preventing fishery cooperatives from being formed pursuant to such section and by providing greater flexibility with respect to the shoreside processor or shoreside processors to which catcher vessels in a fishery cooperative under section 210(b) may deliver pollock.
"(2)
"(A) Effective January 1, 2000, the owners of the motherships eligible under section 208(d) and the shoreside processors eligible under section 208(f) that receive pollock from the directed pollock fishery under a fishery cooperative are hereby prohibited from processing, in the aggregate for each calendar year, more than the percentage of the total catch of each species of crab in directed fisheries under the jurisdiction of the North Pacific Council than facilities operated by such owners processed of each such species in the aggregate, on average, in 1995, 1996, 1997. For the purposes of this subparagraph, the term 'facilities' means any processing plant, catcher/processor, mothership, floating processor, or any other operation that processes fish. Any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity for the purposes of this subparagraph.
"(B) Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation and management measures to prevent any particular individual or entity from harvesting or processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian Islands Management Area.
"(C) The catcher vessels eligible under section 208(b) are hereby prohibited from participating in a directed fishery for any species of crab in the Bering Sea and Aleutian Islands Management Area unless the catcher vessel harvested crab in the directed fishery for that species of crab in such Area during 1997 and is eligible to harvest such crab in such directed fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary. The North Pacific Council is directed to recommend measures for approval by the Secretary to eliminate latent licenses under such program, and nothing in this subparagraph shall preclude the Council from recommending measures more restrictive than under this paragraph.
"(3)
"(A) By not later than July 1, 2000, the Pacific Fishery Management Council established under section 302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend for approval by the Secretary conservation and management measures to protect fisheries under its jurisdiction and the participants in those fisheries from adverse impacts caused by this Act [probably should be "this title", see Tables for classification] or by any fishery cooperatives in the directed pollock fishery.
"(B) If the Pacific Council does not recommend such conservation and management measures by such date, or if the Secretary determines that such conservation and management measures recommended by the Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation implement adequate measures including, but not limited to, restrictions on vessels which harvest pollock under a fishery cooperative which will prevent such vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible to process Pacific groundfish.
"(d)
"(e)
"SEC. 212. RESTRICTION ON FEDERAL LOANS.
"[Amended section 302(b) of
"SEC. 213. DURATION.
"(a)
"(b)
"(c)
"(1) that supersede the provisions of this subtitle, except for sections 206 and 208, for conservation purposes or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the directed pollock fishery caused by this title or fishery cooperatives in the directed pollock fishery, provided such measures take into account all factors affecting the fisheries and are imposed fairly and equitably to the extent practicable among and within the sectors in the directed pollock fishery;
"(2) that supersede the allocation in section 206(a) for any of the years 2002, 2003, and 2004, upon the finding by such Council that the western Alaska community development quota program for pollock has been adversely affected by the amendments in this subtitle; or
"(3) that supersede the criteria required in paragraph (1) of section 210(b) to be used by the Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to a fishery cooperative under such paragraph.
"(d)
"(e)
"(f)
"(g)
Restriction on Funding Certain New Fishery Management Plans, Amendments or Regulations
Similar provisions were contained in the following prior appropriation act:
Albemarle Sound-Roanoke River Basin: Striped Bass Study
Exclusive Economic Zone: Atlantic Striped Bass Protection
Atlantic Striped Bass Conservation
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Atlantic Striped Bass Conservation Act'.
"SEC. 2. FINDINGS AND PURPOSES.
"(a)
"(1) Atlantic striped bass are of historic commercial and recreational importance and economic benefit to the Atlantic coastal States and to the Nation.
"(2) No single government entity has full management authority throughout the range of the Atlantic striped bass.
"(3) The population of Atlantic striped bass-
"(A) has been subject to large fluctuations due to natural causes, fishing pressure, environmental pollution, loss and alteration of habitat, inadequacy of fisheries conservation and management practices, and other causes; and
"(B) risks potential depletion in the future without effective monitoring and conservation and management measures.
"(4) It is in the national interest to implement effective procedures and measures to provide for effective interjurisdictional conservation and management of this species.
"(b)
"SEC. 3. DEFINITIONS.
"As used in this Act-
"(1) the term 'Magnuson Act' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
"(2) The term 'Atlantic striped bass' means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).
"(3) The term 'coastal waters' means-
"(A) for each coastal State referred to in paragraph (4)(A)-
"(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and
"(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone;
"(B) for the District of Columbia, those waters within its jurisdiction; and
"(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.
"(4) The term 'coastal State' means-
"(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;
"(B) the District of Columbia; and
"(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.
"(5) The term 'Commission' means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in
"(6) The term 'exclusive economic zone' has the meaning given such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)).
"(7) The term 'fishing' means-
"(A) the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass;
"(B) the attempted catching, taking, or harvesting of Atlantic striped bass; and
"(C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B).
The term does not include any scientific research authorized by the Federal Government or by any State government.
"(8) The term 'moratorium area' means the coastal waters with respect to which a declaration under section 5(a) applies.
"(9) The term 'moratorium period' means the period beginning on the day on which moratorium is declared under section 5(a) regarding a coastal State and ending on the day on which the Commission notifies the Secretaries that that State has taken appropriate remedial action with respect to those matters that were the case of the moratorium being declared.
"(10) The term 'Plan' means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission.
"(11) The term 'Secretary' means the Secretary of Commerce or a designee of the Secretary of Commerce.
"(12) The term 'Secretaries' means the Secretary of Commerce and the Secretary of the Interior or their designees.
"SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES.
"(a)
"(1) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and
"(2) whether the enforcement of the Plan by each coastal State is satisfactory.
"(b)
"(c)
"SEC. 5. MORATORIUM.
"(a)
"(b)
"(1) to engage in fishing within the moratorium area;
"(2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1);
"(3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under subsection (a) applies to that State; or
"(4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught.
"(c)
"(1)
"(2)
"(A)
"(B)
"(d)
"(e)
"SEC. 6. CONTINUING STUDIES OF STRIPED BASS POPULATIONS.
"(a)
"(1) Annual stock assessments, using fishery-dependent and fishery-independent data, for the purposes of extending the long-term population record generated by the annual striped bass study conducted by the Secretaries before 1994 and understanding the population dynamics of Atlantic striped bass.
"(2) Investigations of the causes of fluctuations in Atlantic striped bass populations.
"(3) Investigations of the effects of water quality, land use, and other environmental factors on the recruitment, spawning potential, mortality, and abundance of Atlantic striped bass populations, including the Delaware River population.
"(4) Investigations of-
"(A) the interactions between Atlantic striped bass and other fish, including bluefish, menhaden, mackerel, and other forage fish or possible competitors, stock assessments of these species, to the extent appropriate; and
"(B) the effects of interspecies predation and competition on the recruitment, spawning potential mortality, and abundance of Atlantic striped bass.
"(b)
"(c)
"SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
"(a)
"(1) $800,000 to the Secretary of Commerce; and
"(2) $250,000 to the Secretary of the Interior.
"(b)
"SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND AMENDMENTS.
"(a)
"(b)
"SEC. 9. PROTECTION OF STRIPED BASS IN THE EXCLUSIVE ECONOMIC ZONE.
"(a)
"(1) are consistent with the national standards set forth in section 301 of the Magnuson Act (16 U.S.C. 1851);
"(2) are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal State;
"(3) ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal State; and
"(4) are sufficient to assure the long-term conservation of Atlantic striped bass populations.
"(b)
"(c)
Section Referred to in Other Sections
This section is referred to in sections 1434, 1802, 5103, 5107b of this title.