Pub.L. 104-298 To authorize the Secretary of the Interior to conduct studies regarding the desalination of water and water reuse, and for other purposes. <> ...

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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. <<NOTE: Oct. 11, 1996 -  [S. 39]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sustainable 
Fisheries Act.>> 

SECTION 1. <<NOTE: 16 USC 1801 note.>>  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.

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Findings; purposes; policy.
Sec. 102. Definitions.
Sec. 103. Authorization of appropriations.
Sec. 104. Highly migratory species.
Sec. 105. Foreign fishing and international fishery agreements.
Sec. 106. National standards.
Sec. 107. Regional fishery management councils.
Sec. 108. Fishery management plans.
Sec. 109. Action by the Secretary.
Sec. 110. Other requirements and authority.
Sec. 111. Pacific community fisheries.
Sec. 112. State jurisdiction.
Sec. 113. Prohibited acts.
Sec. 114. Civil penalties and permit sanctions; rebuttable presumptions.
Sec. 115. Enforcement.
Sec. 116. Transition to sustainable fisheries.
Sec. 117. North Pacific and northwest Atlantic Ocean fisheries.

                TITLE II--FISHERY MONITORING AND RESEARCH

Sec. 201. Change of title.
Sec. 202. Registration and information management.
Sec. 203. Information collection.
Sec. 204. Observers.
Sec. 205. Fisheries research.
Sec. 206. Incidental harvest research.
Sec. 207. Miscellaneous research.
Sec. 208. Study of contribution of bycatch to charitable organizations.
Sec. 209. Study of identification methods for harvest stocks.
Sec. 210. Review of Northeast fishery stock assessments.
Sec. 211. 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.
Sec. 402. Interjurisdictional Fisheries Act amendments.
Sec. 403. Anadromous fisheries amendments.
Sec. 404. Atlantic coastal fisheries amendments.
Sec. 405. Technical amendments to maritime boundary agreement.
Sec. 406. 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
                    (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, operators, 
        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, 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. <<NOTE: 16 USC 1803.>>  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;
            (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:

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