§ 1855. Other requirements and authority

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title III § 305 · 90 Stat. 331

   Enacted · 16 U.S.C. § 1855

   Pub. L. 94–265, title III, § 305, Apr. 13, 1976, 90 Stat. 354

   Source evidence

   Code source credit
   Pub. L. 94–265, title III, § 305, Apr. 13, 1976, 90 Stat. 354

   Enacted provision · exact public law section
   SEC. 305. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS. (a) In General.— As soon us practicable after the Secretary— (1) approves, pursuant to section 304 (a) and (b), any fishery management plan or amendment; or (2) prepares, pursuant to section 304(c), any fishery management plan or amendment; the Secretary shall publish in the Federal Register (A) such plan or amendment, and (B) any regulations which he proposes to promulgate Written comments. to implement such plan or amendment. Interested persons shall be afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations. (b) Hearing.— The Secretary may schedule a hearing, in accordance with section 553 of title 5, United States Code, on any fishery management plan, any amendment to any such plan, and any regulations to implement any such plan or amendment. If any such hearing is scheduled, the Secretary may, pending its outcome— (A) postpone the effective date of the regulations proposed to implement such plan or amendment; or (B) take such other action as he deems appropriate to preserve the rights or status of any person. (c) Implementation.— The Secretary shall promulgate regulations to implement any fishery management plan or any amendment to any such plan— (1) after consideration of all relevant matters— (A) presented to him during the 45-day period referred to in subsection (a), and (B) produced in any hearing held under subsection (b); and (2) if he finds that the plan or amendment is consistent with the national standards, the other provisions of this Act, and any other applicable law. To the extent practicable, such regulations shall be put into effect in a manner which does not disrupt the regular fishing season for any fishery. (d) Judicial Review.— Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5. United States 5 USC 701 et seq. Code, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title. (e) Emergency Actions.— If the Secretary finds that an emergency involving any fishery resources exists, he may— (1) promulgate emergency regulations, without regard to subsections (a) and (c), to implement any fishery management plan, if such emergency so requires; or (2) promulgate emergency regulations to amend any regulation which implements any existing fishery management plan, to the extent required by such emergency. Any emergency regulation which changes any existing fishery management plan shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation Publication in Federal Register. promulgated under this subsection (A) shall be published in the Federal Register together with the reasons therefor; (B) shall remain in effect for not more than 45 days after the date of such publication, except that any such regulation may be repromulgated for one additional period of not more than 45 days; and (C) may be Publication in Federal Register. terminated by the Secretary at any earlier date by publication in the Federal Register of a notice of termination. (f) Annual Report.— The Secretary shall report to the Congress Report to Congress and President. and the President, not later than March 1 of each year, on all activities of the Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources that were undertaken under this Act during the preceding calendar year. (g) Responsibility of the Secretary.— The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act. The Secretary may promulgate such regulations, Regulations. in accordance with section 553 of title 5, United States Code, as may be necessary to discharge such responsibility or to carry out any other provision of this Act.

2. 1980

   American Fisheries Promotion Act

   Pub. L. 96–561 title II § 235 · 94 Stat. 3275

   Inserted · 16 U.S.C. § 1855(a)

   Pub. L. 96–561 inserted “a notice of availability of” after “Federal Register (A)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–561 inserted “a notice of availability of” after “Federal Register (A)”.

   Enacted provision · exact public law section
   SEC. 235. NOTICE OF AVAILABILITY OF MANAGEMENT PLANS. Section 305(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1855(a)) is amended by inserting “a notice of availability of” immediately after “Federal Register (A)”.

3. 1983

   Pub. L. 97–453 § 8(1) · 96 Stat. 2481

   Struck · 16 U.S.C. § 1855(a)

   Pub. L. 97–453, § 8(1), struck out subsec. (a) which had provided that, as soon as practicable after the Secretary approved pursuant to section 1854(a) and (b) of this title any fishery management plan or amendment or prepared pursuant to section 1854(c) of this title any fishery management plan or amendment, the Secretary was to publish a notice of availability of such plan or amendment and any regulations which he proposed to promulgate to implement such plan or amendment in the Federal Register, and that interested persons were to be afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–453, § 8(1), struck out subsec. (a) which had provided that, as soon as practicable after the Secretary approved pursuant to section 1854(a) and (b) of this title any fishery management plan or amendment or prepared pursuant to section 1854(c) of this title any fishery management plan or amendment, the Secretary was to publish a notice of availability of such plan or amendment and any regulations which he proposed to promulgate to implement such plan or amendment in the Federal Register, and that interested persons were to be afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) are repealed.

4. 1983

   Pub. L. 97–453 § 8(1) · 96 Stat. 2481

   Struck · 16 U.S.C. § 1855(b)

   Pub. L. 97–453, § 8(1), struck out subsec. (b) which had provided that the Secretary might schedule a hearing, in accordance with section 553 of title 5, on any fishery management plan, any amendment to any such plan, any regulations to implement any such plan or amendment and that if any such hearing was scheduled, the Secretary could postpone the effective date of the regulations proposed to implement such plan or amendment, or take such other action as he deemed appropriate to preserve the rights or status of any person, pending its outcome

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–453, § 8(1), struck out subsec. (b) which had provided that the Secretary might schedule a hearing, in accordance with section 553 of title 5, on any fishery management plan, any amendment to any such plan, any regulations to implement any such plan or amendment and that if any such hearing was scheduled, the Secretary could postpone the effective date of the regulations proposed to implement such plan or amendment, or take such other action as he deemed appropriate to preserve the rights or status of any person, pending its outcome.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) are repealed.

5. 1983

   Pub. L. 97–453 § 8(2) · 96 Stat. 2481

   Substituted · 16 U.S.C. § 1855(c)

   Pub. L. 97–453, § 8(2), substituted provision that the Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment within 110 days after the plan or amendment was received by him for action under section 1854(a) of this title if such plan or amendment takes effect under section 1854(b)(1) of this title, within 75 days after a revised plan or amendment was received by him under section 1854(b) of this title if such plan or amendment takes effect under paragraph (3)(D) of such section, or within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 1854(c) of this title, for provision that the Secretary promulgate regulations to implement any fishery management plan or any amendment to any such plan after consideration of all relevant matters presented to him during the 45-day period referred to in former subsection (a) of this section and produced in any hearing held under former subsection (b) of this section if he found the plan or amendment consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that to the extent practicable, such regulation be put into effect in a manner not disruptive of the regular fishing season for any fishery

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–453, § 8(2), substituted provision that the Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment within 110 days after the plan or amendment was received by him for action under section 1854(a) of this title if such plan or amendment takes effect under section 1854(b)(1) of this title, within 75 days after a revised plan or amendment was received by him under section 1854(b) of this title if such plan or amendment takes effect under paragraph (3)(D) of such section, or within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 1854(c) of this title, for provision that the Secretary promulgate regulations to implement any fishery management plan or any amendment to any such plan after consideration of all relevant matters presented to him during the 45-day period referred to in former subsection (a) of this section and produced in any hearing held under former subsection (b) of this section if he found the plan or amendment consistent with the national standards, the other provisions of this chapter, and any other applicable law, and that to the extent practicable, such regulation be put into effect in a manner not disruptive of the regular fishing season for any fishery.

   Enacted provision · exact public law section
   (2) Subsection (c) is amended to read as follows: “(c) Regulations. Implementation.— The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment— “(1) Ante, p. 2487. within 110 days after the plan or amendment was received by him for action under section 304(a), if such plan or amendment takes effect under section 304(b)(1); “(2) within 75 days after a revised plan or amendment was received by him under section 304(b), if such plan or amendment takes effect under paragraph (3)(D) of such section; or “(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 304(c).”.

6. 1983

   Pub. L. 97–453 § 8(3) · 96 Stat. 2481

   1. Substituted · 16 U.S.C. § 1855(e)

      Pub. L. 97–453, § 8(3), substituted provision that if the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan exists for such fishery, that if a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery, the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action, and the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the taking of such action, for provision that if the Secretary found that an emergency involving any fishery resources existed, he could promulgate emergency regulations, without regard to former subsections (a) and (c) of this section, to implement any fishery management plan, if required, or promulgate emergency regulations to amend any regulation implementing any existing fishery management plan, to the extent required by such emergency, lengthened from 45 days to 90 days the maximum period that emergency regulations may remain in effect after publication in the Federal Register and the maximum additional period for which such regulations may be promulgated

   2. Inserted · 16 U.S.C. § 1855(e)

      Pub. L. 97–453, § 8(3), inserted a provision that emergency regulations promulgated under par. (2) may only be terminated early upon the agreement of the Secretary and the Council concerned

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–453, § 8(3), substituted provision that if the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan exists for such fishery, that if a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery, the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action, and the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the taking of such action, for provision that if the Secretary found that an emergency involving any fishery resources existed, he could promulgate emergency regulations, without regard to former subsections (a) and (c) of this section, to implement any fishery management plan, if required, or promulgate emergency regulations to amend any regulation implementing any existing fishery management plan, to the extent required by such emergency, lengthened from 45 days to 90 days the maximum period that emergency regulations may remain in effect after publication in the Federal Register and the maximum additional period for which such regulations may be promulgated, and inserted a provision that emergency regulations promulgated under par. (2) may only be terminated early upon the agreement of the Secretary and the Council concerned.

   Enacted provision · exact public law section
   (3) Subsection (e) is amended to read as follows: “(e) Regulations. Emergence Actions.— (1) If the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan exists for such fishery. “(2) If a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery— “(A) the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action; and “(B) the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the taking of such action. “(3) Any emergency regulation which changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation promulgated under this subsection— “(A) Publication in Federal Register. shall be published in the Federal Register together with the reasons therefor; “(B) shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and “(C) Notice of termination, publication in Federal Register. may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.”.

7. 1983

   Pub. L. 97–453 § 8(4) · 96 Stat. 2481

   Struck · 16 U.S.C. § 1855(f)

   Pub. L. 97–453, § 8(4), struck out subsec. (f) which had directed the Secretary to report to the Congress and the President, not later than March 1 of each year, on all activities of the Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources undertaken under this chapter during the preceding calendar year

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–453, § 8(4), struck out subsec. (f) which had directed the Secretary to report to the Congress and the President, not later than March 1 of each year, on all activities of the Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources undertaken under this chapter during the preceding calendar year.

   Enacted provision · exact public law section
   (4) Subsection (f) is repealed.

8. 1983

   Pub. L. 97–453 § 8(5) · 96 Stat. 2481

   Added · 16 U.S.C. § 1855(h)

   Pub. L. 97–453, § 8(5), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 97–453, § 8(5), added subsec. (h).

   Enacted provision · exact public law section
   (5) Such section is further amended by adding at the end thereof the following new subsection: “(h) Effect of Certain Laws on Certain Time Requirements.— 44 USC 101 note. The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive 3 CFR, 1981 Comp., p. 127. Order Numbered 12291, dated February 17, 1981, shall be complied with within the time limitations specified in subsection (c) or section Ante, p. 2487. 304 (a) and (b) as they apply to the functions of the Secretary under such provisions.”.

9. 1990

   Pub. L. 101–627 title I · 104 Stat. 4436

   1. Redesignated · 16 U.S.C. § 1855(a)

      Pub. L. 101–627, §§ 110(b)(2), 111(a)(1)(A), redesignated subsec. (c) as (a)

   2. Substituted · 16 U.S.C. § 1855(a)

      Pub. L. 101–627, §§ 110(b)(2), 111(a)(1)(A), substituted “section 1854(c) or (f)(3)” for “section 1854(c)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–627, §§ 110(b)(2), 111(a)(1)(A), redesignated subsec. (c) as (a) and substituted “section 1854(c) or (f)(3)” for “section 1854(c)”.

   Enacted provision · exact public law
   TITLE I— AMENDMENTS TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT FINDINGS, PURPOSES, AND POLICY Sec. 101. (a) Findings.— Section 2(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(a)) is amended by adding at the end the following new paragraph: “(8) The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States.”. (b) Purposes.— (1) Section 2(b)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(b)(1)) is amended by striking “except highly migratory species”. (2) Section 2(b)(5) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(b)(5)) is amended by striking “prepare, monitor, and revise” and inserting in lieu thereof “exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of ”. (c) Policy.— Section 2(c) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(c)) is amended— (1) in paragraph (3) by inserting “considers the effects of fishing on immature fish and encourages development of practical measures that avoid unnecessary waste of fish;” immediately after “and enforcement;” (2) by striking “and” at the end of paragraph (4); and (3) by striking the period at the end of paragraph (5) and inserting in lieu thereof “, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; and”; and (4) by adding at the end the following new paragraph: “(6) to foster and maintain the diversity of fisheries in the United States.”. Sec. 102. definitions (a) General.— Section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802) is amended— (1) by redesignating paragraph (16) as paragraph (17), by redesignating paragraph (17) as paragraph (19), by redesignating paragraphs (18) through (23) as paragraphs (21) through (26), respectively, and by redesignating paragraphs (24) through (27) as paragraphs (28) through (31), respectively; (2) in paragraph (7), by striking “, birds, and highly migratory species’ and inserting in lieu thereof “and birds”; (3) by amending paragraph (14) to read as follows: “(14) The term ‘highly migratory species’ means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).”; (4) by inserting immediately after paragraph (15) the following new paragraph: “(16) The term ‘large-scale driftnet fishing’ means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of one and one-half miles or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.”; (5) by inserting immediately after paragraph (17), as so redesignated, the following new paragraph: “(18) The term ‘migratory range’ means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation.”; (6) by inserting immediately after paragraph (19), as so redesignated, the following new paragraph: “(20) The term ‘observer’ means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act.”; (7) by inserting immediately after paragraph (26), as so redesignated, the following new paragraph: “(27) The term ‘tuna species’ means the following: “Albacore Tuna—Thunnus alalunga; “Bigeye Tuna—Thunnus obesus; “Bluefin Tuna—Thunnus thynnus; “Skipjack Tuna—Katsuwonus pelamis; and “Yellowfin Tuna—Thunnus albacares.”; and (8) by adding at the end the following new paragraph: “(32) The term ‘waters of a foreign nation’ means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.”. (b) Conforming Amendment.— Section 101(b)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(b)(1)) is amended by striking “any foreign nation’s” and all that follows and inserting in lieu thereof “any waters of a foreign nation.”. Sec. 103. authority with respect to highly migratory species (a) General.— Section 102 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1812) is amended to read as follows: “SEC. 102. HIGHLY MIGRATORY SPECIES. “The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout their range, both within and beyond the exclusive economic zone.”. (b) Conforming Amendment.— The entry for section 102 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: “Sec. 102. Highly migratory species.”. (c) Effective Date.— The amendments made by this section shall 16 USC 1812 note. take effect on January 1, 1992. Sec. 104. foreign fishing Subsection (d) of section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821) is amended to read as follows: “(d) Total Allowable Level of Foreign Fishing.— The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, shall be that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with this Act.”. Sec. 105. international fishery agreements (a) Highly Migratory Species Agreements.— Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended by redesignating subsection (e) as subsection (f) and by inserting immediately after subsection (d) the following new subsection: “(e) Highly Migratory Species Agreements.— “(1) Evaluation.— The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider whether the agreement provides for— “(A) the collection and analysis of necessary information for effectively managing the fishery, including but not limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future condition of any stock of fish involved; “(B) the establishment of measures applicable to the fishery which are necessary and appropriate for the conservation and management of the fishery resource involved; “(C) equitable arrangements which provide fishing vessels of the United States with (i) access to the highly migratory species that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the traditional participation by such vessels in the fishery; “(D) effective enforcement of conservation and management measures and access arrangements throughout the area of jurisdiction; and “(E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assessments of the benefits derived by participating nations. “(2) Access negotiations.— The Secretary of State, in co-operation with the Secretary, shall initiate negotiations with respect to obtaining access for vessels of the United States fishing for tuna species within the exclusive economic zones of other nations on reasonable terms and conditions. “(3) Reports.— The Secretary of State shall report to the Congress— “(A) within 12 months after the date of enactment of this subsection, on the results of the evaluation required under paragraph (1), together with recommendations for addressing any inadequacies identified; and “(B) within six months after such date of enactment, on the results of the access negotiations required under paragraph (2). “(4) Negotiation.— The Secretary of State, in consultation with the Secretary, shall undertake such negotiations with respect to international fishery agreements on highly migratory species as are necessary to correct inadequacies identified as a result of the evaluation conducted under paragraph (1). “(5) South pacific tuna treaty.— It is the sense of the Congress that the United States Government shall, at the earliest opportunity, begin negotiations for the purpose of extending the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable to vessels of the United States and the United States Government.”. (b) Determinations of Secretary of State.— (1) Section 205(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)) is amended— (A) in paragraph (1) by striking “traditional” and by inserting “including fisheries for tuna species,” immediately after “authority,”; and (B) in paragraph (2) by striking “highly migratory” and inserting in lieu thereof “tuna”. (2) The amendments made by this subsection shall take effect on January 1, 1992. Sec. 106. permits for foreign fishing (a) Fees.— Section 204(b)(10) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(10)) is amended to read as follows: “(10) Fees.— “(A) Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit has been issued pursuant to this section. The Secretary, in consultation with the Secretary of State, shall establish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation. “(B) Amounts collected by the Secretary under this paragraph shall be deposited in the general fund of the Treasury.”. (b) Sanctions.— Section 204(b)(12) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(12)) is repealed. Sec. 107. driftnet fishing (a) General.— Section 206 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1826) is amended to read as follows: “SEC. 206. LARGE-SCALE DRIFTNET FISHING. “(a) Short Title.— This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the ‘Driftnet Act Amendments of 1990 ’. “(b) Findings.— The Congress finds that— “(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world’s oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea; “(2) the use of large-scale driftnets is expanding into new regions of the world’s oceans, including the Atlantic Ocean and Caribbean Sea; “(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded; “(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources; “(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation; “(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989; and “(7) increasing population pressures and new knowledge of the importance of living marine resources to the health of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new fisheries beyond the exclusive economic zone of any nation. “(c) Policy.— It is declared to be the policy of the Congress in this section that the United States should— “(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44–225; “(2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific; and “(3) secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation. “(d) International Agreements.— The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United States, provisions to ensure that— “(1) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any nation, is included in such agreement; “(2) each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the United States; “(3) statistically reliable monitoring by the United States is carried out, through the use of on-board observers or through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget fish species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale driftnets used by fishing vessels of foreign nations that are parties to the agreement; “(4) officials of the United States have the right to board and inspect for violations of the agreement any large-scale driftnet fishing vessels operating under the flag of a foreign nation that is party to the agreement at any time while such vessel is operating in designated areas beyond the exclusive economic zone of any nation; “(5) all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a party to the agreement, and which are operated beyond the exclusive economic zone of any nation, is reliably monitored and documented; “(6) time and area restrictions are imposed on the use of large-scale driftnets in order to prevent interception of anadromous species; “(7) all large-scale driftnets used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to living marine resources; “(8) all large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such driftnet; “(9) the taking of nontarget fish species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the United States is a party is minimized and does not pose a threat to existing fisheries or the long-term health of living marine resources; and “(10) definitive steps are agreed upon to ensure that parties to the agreement comply with the spirit of other international agreements and resolutions concerning the use of large-scale driftnets beyond the exclusive economic zone of any nation. “(e) Report.— Not later than January 1, 1991, and every year thereafter until the purposes of this section are met, the Secretary, after consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report— “(1) describing the steps taken to carry out the provisions of this section, particularly subsection (c); “(2) evaluating the progress of those efforts, the impacts on living marine resources, including available observer data, and specifying plans for further action; “(3) identifying and evaluating the effectiveness of unilateral measures and multilateral measures, including sanctions, that are available to encourage nations to agree to and comply with this section, and recommendations for legislation to authorize any additional measures that are needed if those are considered ineffective; “(4) identifying, evaluating, and making any recommendations considered necessary to improve the effectiveness of the law, policy, and procedures governing enforcement of the exclusive management authority of the United States over anadromous species against fishing vessels engaged in fishing beyond the exclusive economic zone of any nation; “(5) containing a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and “(6) containing a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any inter-national agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes. “(f) Certification.— If at any time the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (e)(6), the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)). “(g) Effect on Sovereign Rights.— This section shall not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in this Act or other existing law. “(h) Definition.— As used in this section, the term ‘living marine resources’ includes fish, marine mammals, sea turtles, and seabirds and other waterfowl.”. (b) Conforming Amendment.— The entry for section 206 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: “Sec. 206. Large-scale driftnet fishing.”. Sec. 108. regional councils (a) Authority Over Certain Fisheries— Section 302(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(a)) is amended by inserting “(except as provided in section 304(f)(3))” immediately before the period at the end of the first sentence in each of paragraphs (1) through (5). (b) Members’ Qualifications.— Paragraph (2) of section 302(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(b)) is amended to read as follows: “(2) (A) The members of each Council required to be appointed by the Secretary must be individuals who, by reason of their occupational or other experience, scientific expertise, or training, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of the fishery resources of the Regulations. geographical area concerned. Within nine months after the date of enactment of the Fishery Conservation Amendments of 1990, the Secretary shall, by regulation, prescribe criteria for determining whether an individual satisfies the requirements of this subparagraph. “(B) The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and recreational fisheries Reports. under the jurisdiction of the Council. On January 31, 1991, and each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall— “(i) list the fisheries under the jurisdiction of each Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number of participants, the duration and range of the fishery, and other distinguishing characteristics; “(ii) assess the membership of each Council in terms of the apportionment of the active participants in each such fishery; and “(iii) state the Secretary’s plans and schedule for actions to achieve a fair and balanced apportionment on the Council for the active participants in any such fishery. “(C) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has determined that each such individual is qualified under the requirements of subparagraph (A) and unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the State regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy and shall be accompanied by a statement by the Governor explaining how each such individual meets the requirements of subparagraph (A). The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of such requirements. If the Secretary determines that any individual is not qualified, the Secretary shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (k). “(D) Whenever the Secretary makes an appointment to a Council, the Secretary shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council.”. (c) Limitation on Terms of Voting Members.— Section 302(b)(3) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(b)(3)) is amended by adding at the end the following new sentence: “No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term completed prior to January 1, 1986, shall not be counted in determining the number of consecutive terms served by any Council member.”. (d) Compensation and Expenses.— Section 302(d) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(d)) is amended to read as follows: “(d) Compensation and Expenses.— The voting members of each Council, who are not employed by the Federal Government or any State or local government, shall, until January 1, 1992, receive compensation at the daily rate for GS-18 of the General Schedule, and after December 31, 1991, at the daily rate for GS-16 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C), and the nonvoting member appointed pursuant to subsection (c)(2) shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council staff members may be reimbursed for actual expenses.”. (e) Transaction of Business.— (1) Section 302(e)(3) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(e)(3)) is amended by striking “in the geographical area concerned” and inserting in lieu thereof “at appropriate times and places in any of the constituent States of the Council”. (2) Section 302(e)(4) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(e)(4)) is amended by adding at the end the following new sentence: “The regional director of the National Marine Fisheries Service serving on the Council, or the regional director’s designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director disagrees with any such matter.”. (f) Committees and Panels.— Section 302(g) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(g)) is amended by adding at the end the following new paragraph: “(3) (A) Each Council shall establish and maintain a fishing industry advisory committee which shall provide information and recommendations on, and assist in the development of, fishery management plans and amendments to such plans. “(B) Appointments to a committee established under subparagraph (A) shall be made by each Council in such a manner as to provide fair representation to commercial fishing interests in the geographical area of authority of the Council. “(4) Decisions and recommendations made by committees and panels established under this subsection shall be considered to be advisory in nature.”. (g) Council Functions.— Paragraphs (1) and (5) of section 302(h) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(h)) are each amended by inserting “(except as provided in section 304(f)(3))” immediately before “within its geographical”. (h) Fishery Habitat Concerns.— Section 302(i) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(i)) is amended to read as follows: “(i) Fishery Habitat Concerns.— (1) Each Council.— “(A) may comment on and make recommendations concerning any activity undertaken, or proposed to be undertaken, by any State or Federal agency that, in the view of the Council, may affect the habitat of a fishery resource under its jurisdiction; and “(B) shall comment on and make recommendations concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat of an anadromous fishery resource under its jurisdiction. “(2) Within 45 days after receiving a comment or recommendation under paragraph (1) from a Council, a Federal agency shall provide a detailed response, in writing, to the Council regarding the matter. In the case of a comment or recommendation under paragraph (1)(B), the response shall include a description of measures being considered by the agency for mitigating or offsetting the impact of the activity on such habitat.”. (i) Closed Meetings.— Section 302(j)(3) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(j)(3)) is amended— (1) in subparagraph (A)— (A) by striking the semicolon at the end of clause (ii) and all that follows through “time and place of the meeting.” and inserting in lieu thereof a period; and (B) by inserting “of paragraph (2)” immediately after “(D) and (F)”; and (2) by adding at the end the following new subparagraph: “(B) If any meeting or portion is closed, the Council concerned shall notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports), including in that notification the time and place of the meeting. This subpararaph does not require notification regarding any brief closure of a portion of a meeting in order to discuss employment or other internal administrative matters.”. (j) Consideration of New Information.— Section 302(j) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(j)) is amended by adding at the end the following new paragraph: “(6) At any time when a Council determines it appropriate to consider new information from a State or Federal agency or from a Council advisory body, the Council shall give comparable consider-ation to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on conservation and management measures.”. (k) Interim Management of Highly Migratory Species Fisheries.— Notwithstanding the amendments made by subsections (a) and (g), any fishery management plan or amendment which— (1) addresses a highly migratory species fishery to which section 304(f)(3) of the Magnuson Fishery Conservation and Management Act (as amended by this Act) applies, (2) was prepared by one or more Regional Fishery Management Councils, and (3) was in force and effect on January 1, 1990, shall remain in force and effect until superseded by a fishery management plan prepared by the Secretary, and regulations implementing that plan. Sec. 109. contents of fishery management plans (a) Required Data Collection and Gear.— Section 303(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended— (1) in paragraph (1)(A) by inserting “, to prevent overfishing, and to protect, restore, and promote the long-term health and stability of the fishery” immediately before the semicolon at the end; (2) in paragraph (1)(C) by inserting “regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits),” immediately after “this Act,”; (3) by amending paragraph (6) to read as follows: “(6) consider and provide for temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery; except that the adjustment shall not adversely affect conservation efforts in other fisheries or discriminate among participants in the affected fishery;”; (4) by striking the period at the end of paragraph (7) and inserting in lieu thereof a semicolon; and (5) by adding at the end the following new paragraphs: “(8) in the case of a fishery management plan that, after January 1, 1991, is submitted to the Secretary for review under section 304(a) (including any plan for which an amendment is submitted to the Secretary for such review) or is prepared by the Secretary, assess and specify the nature and extent of scientific data which is needed for effective implementation of the plan; and “(9) include a fishery impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted to or prepared by the Secretary after October 1, 1990) which shall assess, specify, and describe the likely effects, if any, of the conservation and management measures on— “(A) participants in the fisheries affected by the plan or amendment; and “(B) participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such Council and representatives of those participants.”. (b) Discretionary Provisions.— (1) Paragraph (1) of section 303(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)) is amended to read as follows: “(1) require a permit to be obtained from, and fees to be paid to, the Secretary, with respect to— “(A) any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone; “(B) the operator of any such vessel; or “(C) any United States fish processor who first receives fish that are subject to the plan;”. (2) Section 303(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)) is amended by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively, and by inserting immediately after paragraph (6) the following new paragraphs: “(7) require fish processors who first receive fish that are subject to the plan to submit data (other than economic data) which are necessary for the conservation and management of the fishery; “(8) require that observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery; except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized;”. (c) Confidentiality of Statistics.— Section 303(d) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(d)) is amended— (1) in the matter preceding paragraph (1) by striking “subsection (a)(5)” and inserting in lieu thereof “subsections (a) and (b)”; (2) by striking “or” at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); (4) by inserting immediately after paragraph (1) the following new paragraph: “(2) to State employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business of any person; or”; and (5) by adding at the end the following new sentence: “Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any statistic submitted in compliance with a requirement under subsection (a) or (b).”. (d) Use of Certain Data.— Section 303 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853) is further amended by adding at the end the following new subsection: “(f) Restriction on Use of Certain Data.— The Secretary shall Regulations. promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this Act, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or the Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not required by any of such Acts or regulations thereunder.”. Sec. 110. action by secretary on fishery management plans (a) Fisheries Research.— Subsection (e) of section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended to read as follows: “(e) Fisheries Research.— (1) Within one year after the date of Federal Register, publication. enactment of the Fishery Conservation Amendments of 1990, and at least every three years thereafter, the Secretary shall develop and publish in the Federal Register a strategic plan for fisheries re-search for the five years immediately following such publication. The plan shall— “(A) identify and describe a comprehensive program with a limited number of priority objectives for research in each of the areas specified in paragraph (2); “(B) indicate the goals and timetables for the program described in subparagraph (A); and “(C) provide a role for affected commercial fishermen in such research, including involvement in field testing. “(2) The areas of research referred to in paragraph (1) are as follows: “(A) Research to support fishery conservation and management, including research on the economics of fisheries and biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish populations, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. “(B) Conservation engineering research, including the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize the harvest of nontarget species and promote efficient harvest of target species. “(C) Information management research, including the development of a fishery information base and an information management system that will permit the full use of data in the support of effective fishery conservation and management. “(3) In developing the plan required under paragraph (1), the Federal Register, publication. Secretary shall consult with relevant Federal agencies, scientific and technical experts, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives.”. (b) Management of Highly Migratory Species Fisheries.— (1) Section 304(f) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(f)) is amended— (A) by striking “miscellaneous duties” and inserting in lieu thereof “fisheries under authority of more than one council”; (B) in paragraph (1) by striking “If” and inserting in lieu thereof “Except as provided in paragraph (3), if”; and (C) by adding at the end the following new paragraph: “(3) (A) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean Council. “(B) In accordance with the provisions of this Act and any other applicable law, the Secretary shall— “(i) identify research and information priorities, including observer requirements and necessary data collection and analysis for the conservation and management of highly migratory species; “(ii) prepare and amend fishery management plans with respect to highly migratory species fisheries to which this paragraph applies; and “(iii) diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), international fishery management measures with respect to fishing for highly migratory species. “(C) In preparing or amending any fishery management plan under this paragraph, the Secretary shall— “(i) conduct public hearings, at appropriate times and in appropriate locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan; “(ii) consult with and consider the comments and views of commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; “(iii) consult with and consider the comments and views of affected Councils; “(iv) evaluate the likely effects, if any, of conservation and management measures on participants in the fisheries affected by the plan and minimize, to the extent practicable, any dis-advantage to United States fishermen in relation to foreign competitors; and “(v) review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan. “(D) Conservation and management measures contained in any fishery management plan under this paragraph shall— “(i) take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries; “(ii) be fair and equitable in allocating fishing privileges among United States fishermen and not have economic allocation as the sole purpose; and “(iii) promote international conservation. “(E) With respect to a highly migratory species for which the United States is authorized to harvest an allocation or quota under a relevant international fishery agreement, the Secretary shall provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation or quota. “(F) In implementing the provisions of this paragraph, the Secretary shall consult with— “(i) the Secretary of State; “(ii) commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; and “(iii) appropriate Councils.”. (2) Section 305(a)(3) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855(a)(3)), as redesignated by section 111(a)(1) of this Act, is amended by inserting “or (f)(3)” immediately after “304(c)”. (c) Incidental Harvest Research.— Section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended by adding at the end the following new subsection. “(g) Incidental Harvest Research.— (1) Within 9 months after Regulations. the date of enactment of the Fishery Conservation Amendments of 1990, the Secretary shall, after consultation with the Gulf of Mexico Fishery Management Council and South Atlantic Fishery Management Council, establish by regulation a 3-year program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. “(2) The program established pursuant to paragraph (1) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity. “(3) For stocks of fish identified pursuant to paragraph (2), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct— “(A) a program to collect and evaluate data on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities; “(B) an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and “(C) a program of data collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity. “(4) The Secretary shall, in cooperation with affected interests, commence a program to design, and evaluate the efficacy of, techno-logical devices and other changes in fishing technology for the reduction of incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing activity. Such program shall take into account local conditions and include evaluation of any reduction in incidental mortality, as well as any reduction or increase in the retention of shrimp in the course of normal fishing activity. “(5) The Secretary shall, upon completion of the programs required by this subsection, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. “(6) (A) Except as provided in this paragraph, the Secretary may not implement any measures under this Act to reduce incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing which would restrict the period during which shrimp are harvested or would require the use of any technological device or other change in fishing technology. “(B) The prohibition contained in subparagraph (A) shall cease on January 1, 1994. “(C) This paragraph does not apply to any law or regulation in effect on the date of enactment of this paragraph, nor does it limit in any way the Secretary’s authority to take action, including any limitation on entry permitted by this Act, for the conservation and management of the shrimp fishery resource.”. (d) Atlantic Sea Scallop Fishery Management Plan.— (1) The New England Fishery Management Council may submit to the Secretary of Commerce an amendment to the Atlantic Sea Scallop Fishery Management Plan. Any amendment submitted under this section shall— (A) contain measures providing for the conservation and management of Atlantic sea scallops, that are not based primarily on the scallop meat count but which may include controls on scallop harvesting effort; and (B) consider the views of fishermen and fish processors involved in the Atlantic sea scallop fishery. (2) If no amendment is submitted under paragraph (1) before one year after the date of enactment of this Act, the Secretary of Commerce is encouraged to prepare the amendment described in paragraph (1) under section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854). Sec. 111. implementation of fishery management plans (a) Technical and Conforming Amendments.— (1) Section 305 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855) is amended— (A) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (B) by redesignating subsections (g) and (h) as subsections (d) and (e), respectively. (2) Section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended— (A) in subsection (b)(1) by striking “305(c)” in the first sentence and inserting in lieu thereof “305(a)”; (B) in subsection (b)(3)(D) by striking “305(c)” and inserting in lieu thereof “305(a)”; and (C) in subsection (c)(2)(B) by striking “305(c)” and inserting in lieu thereof “305(a)”. (b) Judicial Review of Certain Implementing Actions.— Section 305(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855(b)), as redesignated by subsection (a)(1)(A), is amended to read as follows: “(b) Judicial Review.— (1) Regulations promulgated by the Secretary under this Act and actions described in paragraph (2) shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, United States Code, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable; except that— “(A) section 705 of such title is not applicable, and “(B) the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2) (A), (B), (C), or (D) of such title. “(2) The actions referred to in paragraph (1) are actions that are taken by the Secretary under regulations which implement a fishery management plan, including but not limited to actions that establish the date of closure of a fishery to commercial or recreational fishing. “(3) (A) Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. “(B) A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that are the subject of the petition. “(4) Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in every possible way.”. Sec. 112. state jurisdiction Section 306(c) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856(c)) is amended— (1) in paragraph (1)(B) by inserting “and the application specifies the species to be processed” before the period at the end; and (2) by striking paragraph (2) and inserting in lieu thereof the following: “(2) The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)— “(A) for a fishery which occurs in the waters of more than one State or in the exclusive economic zone, except after— “(i) consulting with the appropriate Council and Marine Fisheries Commission, and “(ii) considering any comments received from the Governor of any other State where the fishery occurs; and “(B) if the Governor determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.”. Sec. 113. prohibition of certain acts (a) Prohibitions With Respect to Theft, Assault, and Large-Scale Driftnet Fishing.— Section 307(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended— (1) by striking “or” at the end of subparagraph (I); (2) by striking the period at the end of subparagraph (J) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new subparagraphs: “(K) to knowingly steal, or without authorization, to remove, damage, or tamper with— “(i) fishing gear owned by another person, which is located in the exclusive economic zone, or “(ii) fish contained in such fishing gear, or to attempt to do so; “(L) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any observer on a vessel under this Act; “(M) to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use of a fishing vessel of the United States to engage in such fishing beyond the exclusive economic zone of any nation; or “(N) to strip pollock of its roe and discard the flesh of the pollock.”. (b) Violation of International Fishery Agreement.— Section 307 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857) is amended— (1) in paragraph (3) by striking and” and inserting in lieu thereof a semicolon; (2) in paragraph (4) by striking the period at the end and inserting in lieu thereof “; and;” and (3) by adding at the end the following new paragraph: “(5) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates an international fishery agreement between that nation and the United States that has been subject to Congressional oversight in the manner described in section 203, or any regulations issued to implement such an agreement; except that the binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior to such violation.”. Sec. 114. civil penalties and permit sanctions (a) Increased Penalty; Permit Sanctions.— Section 308 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) is amended— (1) “civil penalties”; (2) in subsection (a) by striking “$25,000” in the second sentence and inserting in lieu thereof “$100,000”; and (3) by adding at the end the following: “(g) Permit Sanctions.— (1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 307, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this Act has acted in violation of section 307, or (C) any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any fishery resource law statute enforced by the Secretary has not been paid and is overdue, the Secretary may— “(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits; “(ii) suspend such permit for a period of time considered by the Secretary to be appropriate; “(iii) deny such permit; or “(iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this Act and, with respect to foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application. “(2) In imposing a sanction under this subsection, the Secretary shall take into account— “(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and “(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. “(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer. “(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate. “(5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.”. (b) Conforming Amendment.— The entry for section 308 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: “Sec. 308. Civil penalties and permit sanctions.”. Sec. 115. criminal offenses and penalties (a) Offenses.— Paragraph (1) of section 309(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)) is amended to read as follows: “(1) section 307(1) (D), (E), (F), (H), (I), or (L); or”. (b) Punishment.— Section 309(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(b)) is amended— (1) by striking “$50,000” and inserting in lieu thereof “$100,000”; (2) by striking “$100,000” each place it appears and inserting in lieu thereof “$200,000”; (3) by inserting “any observer described in section 3O7(1)(L) or” immediately after “injury to”; and (4) by inserting “observer or” immediately before “officer in fear”. Sec. 116. civil forfeitures Section 310(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1860(e)) is amended— (1) by inserting “(1)” immediately before “For purposes”; and (2) by adding at the end the following: “(2) For purposes of this Act, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.”. Sec. 117. enforcement Section 311(e) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861(e)) is amended to read as follows: “(e) Payment of Storage, Care, and Other Costs.— (1) Notwithstanding any other provision of law, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for violations of any provisions of this Act or of any other fishery resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)— “(A) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act or any other fishery resource law enforced by the Secretary with respect to that fish or other property; “(B) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this Act or any other fishery resource law enforced by the Secretary; “(C) any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings; “(D) any valid liens or mortgages against any property that has been forfeited; “(E) claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)) or under other provisions of the customs laws, as made applicable by section 310(c) of this Act to seizures made by the Secretary under this Act, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and “(F) reimbursement to any Federal or State agency, including the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a), or any similar agreement authorized by law. “(2) Any person assessed a civil penalty for, or convicted of, any violation of this Act shall be liable for the cost incurred in storage, care, and maintenance of any fish or other property seized in connection with the violation.”. Sec. 118. north pacific fisheries research plan (a) Title III of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following new section: “SEC. 313. NORTH PACIFIC FISHERIES RESEARCH PLAN. “(a) In General.— The North Pacific Fishery Management Council may prepare, in consultation with the Secretary, a fisheries research plan for all fisheries under the Council’s jurisdiction except salmon fisheries which— “(1) requires that observers be stationed on fishing vessels engaged in the catching, taking, or harvesting of fish and on United States fish processors fishing for or processing species under the jurisdiction of the Council, including the Northern Pacific halibut fishery, for the purpose of collecting data necessary for the conservation, management, and scientific under-standing of any fisheries under the Council’s jurisdiction; and “(2) establishes a system of fees to pay for the costs of implementing the plan. “(b) Standards.— (1) Any plan or plan amendment prepared under this section shall be reasonably calculated to— “(A) gather reliable data, by stationing observers on all or a statistically reliable sample of the fishing vessels and United States fish processors included in the plan, necessary for the conservation, management, and scientific understanding of the fisheries covered by the plan; “(B) be fair and equitable to all vessels and processors; “(C) be consistent with applicable provisions of law; and “(D) take into consideration the operating requirements of the fisheries and the safety of observers and fishermen. “(2) Any system of fees established under this section shall— “(A) provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing observers on board fishing vessels and United States fish processors, (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under subsection (e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific Fishery Observer Fund established in subsection (d) of this section; “(B) be fair and equitable to all participants in the fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery; “(C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan; “(D) not be used to offset amounts authorized under other provisions of law; “(E) be expressed as a percentage, not to exceed one percentum, of the value of fish and shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery; “(F) be assessed against all fishing vessels and United States fish processors, including those not required to carry an ob-server under the plan, participating in fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery; “(G) provide that fees collected will be deposited in the North Pacific Fishery Observer Fund established under subsection (d) of this section; “(H) provide that fees collected will only be used for implementing the plan established under this section; and “(I) meet the requirements of section 9701(b) of title 31, United States Code. “(c) Action by Secretary.— (1) Within 60 days after receiving a plan or plan amendment from the North Pacific Council under this section, the Secretary shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the Council with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment. “(2) During the 60-day public comment period, the Secretary shall conduct a public hearing in each State represented on the Council for the purpose of receiving public comments on the proposed regulations. “(3) Within 45 days of the close of the public comment period, the Secretary, in consultation with the Council, shall analyze the public comment received and publish final regulations for implementing such plan. “(4) If the Secretary remands a plan or plan amendment to the Council for failure to meet the requirements of this section, the Council may resubmit such plan or plan amendment at any time after taking action the Council believes will address the defects identified by the Secretary. Any plan or plan amendment resubmitted to the Secretary will be treated as an original plan submitted to the Secretary under paragraph (1) of this subsection. “(d) Fishery Observer Fund.— There is established in the Treasury a North Pacific Fishery Observer Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purpose of carrying out the provisions of this section, subject to the restrictions in subsection (b)(2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. “(e) Special Provisions Regarding Observers.— (1) The Secretary shall review— “(A) the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of subsection (b)(2)(E) of this section, to provide coverage for vessels and owners against liability from civil suits by observers, and “(B) the availability of comprehensive commercial insurance for vessel and owner liability against civil suits by observers. “(2) If the Secretary determines that a risk sharing pool is feasible, the Secretary shall establish such a pool, subject to the provisions of subsection (b)(2) of this section, unless the Secretary determines that— “(A) comprehensive commercial insurance is available for all fishing vessels and United States fish processors required to have observers under the provisions of this section, and “(B) such comprehensive commercial insurance will provide a greater measure of coverage at a lower cost to each participant.”. (b) Conforming Amendment.— The table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended by inserting immediately after the entry for section 312 the following new entry: “Sec. 313. North Pacific fisheries research plan.”. Sec. 119. authorization of appropriations Section 406 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1882) is amended by adding at the end the following new paragraphs: “(16) $77,200,000 for the fiscal year ending September 30, 1990. “(17) $94,000,000 for the fiscal year ending September 30, 1991, of which $6,500,000 shall be used for enforcement and $5,000,000 shall be used to increase research and assessment efforts. “(18) $98,000,000 for the fiscal year ending September 30, 1992. “(19) $102,000,000 for the fiscal year ending September 30, 1993.”. Sec. 120. miscellaneous technical amendments (a) International Fishery Agreements.— Section 202(f) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822(f)), as so redesignated by section 105 of this Act, is amended by striking “a exclusive economic zone” and inserting in lieu thereof “an exclusive economic zone”. (b) Foreign Fishing Permits.— Section 204(b)(4)(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)(4)(C)) is amended by striking “council” and inserting in lieu thereof “Council”. (c) Council Procedural Matters.— Section 302(j)(4) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852(j)(4)) is amended by striking “council employee” and inserting in lieu thereof “Council employee”. (d) Action by Secretary.— Section 304(c)(2)(B) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(c)(2)(B)) is amended by striking “appropriate council” and inserting in lieu thereof “appropriate Council”.

10. 1990

    Pub. L. 101–627 § 111(a)(1)(A) · 104 Stat. 4436

    1. Redesignated · 16 U.S.C. § 1855(b)

       Pub. L. 101–627, § 111(a)(1)(A), (b), redesignated subsec. (d) as (b)

    2. Amended · 16 U.S.C. § 1855(b)

       Pub. L. 101–627, § 111(a)(1)(A), (b), amended it generally. Prior to amendment, subsec. (b) read as follows: “Regulations promulgated by the Secretary under this chapter shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–627, § 111(a)(1)(A), (b), redesignated subsec. (d) as (b) and amended it generally. Prior to amendment, subsec. (b) read as follows: “Regulations promulgated by the Secretary under this chapter shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title.”

    Enacted provision · exact public law section
    (A) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and

11. 1990

    Pub. L. 101–627 § 111(a)(1) · 104 Stat. 4436

    Redesignated · 16 U.S.C. § 1855(c)(e)(g)(h)

    Pub. L. 101–627, § 111(a)(1), redesignated subsecs. (e), (g), and (h) as (c), (d), and (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (e), (g), (h). Pub. L. 101–627, § 111(a)(1), redesignated subsecs. (e), (g), and (h) as (c), (d), and (e), respectively.

    Enacted provision · exact public law section
    (1) Section 305 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855) is amended— (A) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (B) by redesignating subsections (g) and (h) as subsections (d) and (e), respectively.

12. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(a)(1) · 110 Stat. 3559

    Substituted · 16 U.S.C. § 1855

    Pub. L. 104–297, § 110(a)(1), (3), substituted “Other requirements and authority” for “Implementation of fishery management plans” as section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–297, § 110(a)(1), (3), substituted “Other requirements and authority” for “Implementation of fishery management plans” as section catchline.

    Enacted provision · exact public law section
    (1) by striking the title and subsection (a);

13. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(a)(1) · 110 Stat. 3559

    1. Added · 16 U.S.C. § 1855(a)

       Pub. L. 104–297, § 110(a)(1), (3), added subsec. (a)

    2. Struck · 16 U.S.C. § 1855(a)

       Pub. L. 104–297, § 110(a)(1), (3), struck out heading and text of former subsec. (a). Text read as follows: “The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–297, § 110(a)(1), (3), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment—

    “(1) within 110 days after the plan or amendment was received by him for action under section 1854(a) of this title, if such plan or amendment takes effect under section 1854(b)(1) of this title; “(2) within 75 days after a revised plan or amendment was received by him under section 1854(b) of this title, if such plan or amendment takes effect under paragraph (3)(D) of such section; or “(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 1854(c) or (f)(3) of this title.”

    Enacted provision · exact public law section
    (1) by striking the title and subsection (a);

14. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(a)(3) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1855(b)

    Pub. L. 104–297, § 110(a)(3), added subsec. (b). Former subsec. (b) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–297, § 110(a)(3), added subsec. (b). Former subsec. (b) redesignated (f).

    Enacted provision · exact public law section
    (3) by inserting the following before subsection (c): “SEC. 305. OTHER REQUIREMENTS AND AUTHORITY. “(a) Gear Evaluation and Notification of Entry.— “(1) Not later than 18 months after the date of enactment Federal Register, publication. of the Sustainable Fisheries Act, the Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, a list of all fisheries— “(A) under the authority of each Council and all fishing gear used in such fisheries, based on information submitted by the Councils under section 303(a); and “(B) to which section 302(a)(3) applies and all fishing gear used in such fisheries. “(2) The Secretary shall include with such list guidelines for determining when fishing gear or a fishery is sufficiently different from those listed as to require notification under paragraph (3). “(3) Effective 180 days after the publication of such list, no person or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance written notice to the appropriate Council, or the Secretary with respect to a fishery to which section 302(a)(3) applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90-day period begins. “(4) A Council may submit to the Secretary any proposed changes to such list or such guidelines the Council deems Publication. appropriate. The Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed changes from a Council. “(5) A Council may request the Secretary to promulgate emergency regulations under subsection (c) to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery if the appropriate Council, or the Secretary for fisheries to which section 302(a)(3) applies, determines that such unlisted gear or unlisted fishery would compromise the effectiveness of conservation and management efforts under this Act. “(6) Nothing in this subsection shall be construed to permit a person or vessel to engage in fishing or employ fishing gear when such fishing or gear is prohibited or restricted by regulation under a fishery management plan or plan amendment, or under other applicable law. “(b) Fish Habitat.— (1) (A) The Secretary shall, within 6 months of the date of enactment of the Sustainable Fisheries Act, establish by regulation guidelines to assist the Councils in the description and identification of essential fish habitat in fishery management plans (including adverse impacts on such habitat) and in the consideration of actions to ensure the conservation and enhancement of such habitat. The Secretary shall set forth a schedule for the amendment of fishery management plans to include the identification of essential fish habitat and for the review and updating of such identifications based on new scientific evidence or other relevant information. “(B) The Secretary, in consultation with participants in the fishery, shall provide each Council with recommendations and information regarding each fishery under that Council’s authority to assist it in the identification of essential fish habitat, the adverse impacts on that habitat, and the actions that should be considered to ensure the conservation and enhancement of that habitat. “(C) The Secretary shall review programs administered by the Department of Commerce and ensure that any relevant programs further the conservation and enhancement of essential fish habitat. “(D) The Secretary shall coordinate with and provide information to other Federal agencies to further the conservation and enhancement of essential fish habitat. “(2) Each Federal agency shall consult with the Secretary with respect to any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect any essential fish habitat identified under this Act. “(3) Each Council— “(A) may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under its authority; and “(B) shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an anadromous fishery resource under its authority. “(4) (A) If the Secretary receives information from a Council or Federal or State agency or determines from other sources that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any State or Federal agency would adversely affect any essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that can be taken by such agency to conserve such habitat. “(B) Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response in writing to any Council commenting under paragraph (3) and the Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons for not following the recommendations.”.

15. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(1) · 110 Stat. 3559

    Inserted · 16 U.S.C. § 1855(c)

    Pub. L. 104–297, § 110(b)(1), inserted “and interim measures” after “actions” in heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–297, § 110(b)(1), inserted “and interim measures” after “actions” in heading.

    Enacted provision · exact public law section
    (1) in the heading by striking “Actions” and inserting “Actions and Interim Measures”;

16. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(2)(C) · 110 Stat. 3559

    Changed · 16 U.S.C. § 1855(c)(1)

    Pub. L. 104–297, § 110(b)(2)(C), which directed insertion of “or overfishing” after “emergency”, was executed by making the insertion after “the emergency” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 104–297, § 110(b)(2)(C), which directed insertion of “or overfishing” after “emergency”, was executed by making the insertion after “the emergency” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (C) by inserting “or overfishing” after “emergency”; and

17. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(2)(A) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1855(c)(1)

       Pub. L. 104–297, § 110(b)(2)(A), (B), substituted “or that interim measures are needed to reduce overfishing for” for “involving”

    2. Inserted · 16 U.S.C. § 1855(c)(1)

       Pub. L. 104–297, § 110(b)(2)(A), (B), inserted “or interim measures” after “emergency regulations”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–297, § 110(b)(2)(A), (B), substituted “or that interim measures are needed to reduce overfishing for” for “involving” and inserted “or interim measures” after “emergency regulations”.

    Enacted provision · exact public law section
    (A) by striking “involving” and inserting “or that interim measures are needed to reduce overfishing for”; and

18. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(2)(C) · 110 Stat. 3559

    Changed · 16 U.S.C. § 1855(c)(2)

    Pub. L. 104–297, § 110(b)(2)(C), which directed insertion of “or overfishing” after “emergency”, was executed by making the insertion after “the emergency” in subpars. (A) and (B) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–297, § 110(b)(2)(C), which directed insertion of “or overfishing” after “emergency”, was executed by making the insertion after “the emergency” in subpars. (A) and (B) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (C) by inserting “or overfishing” after “emergency”; and

19. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(2)(A) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1855(c)(2)

       Pub. L. 104–297, § 110(b)(2)(A), (B), substituted “or that interim measures are needed to reduce overfishing for” for “involving” in introductory provisions

    2. Inserted · 16 U.S.C. § 1855(c)(2)

       Pub. L. 104–297, § 110(b)(2)(A), (B), inserted “or interim measures” after “emergency regulations” in subpars. (A) and (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–297, § 110(b)(2)(A), (B), substituted “or that interim measures are needed to reduce overfishing for” for “involving” in introductory provisions and inserted “or interim measures” after “emergency regulations” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (A) by striking “involving” and inserting “or that interim measures are needed to reduce overfishing for”; and

20. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(3)(A) · 110 Stat. 3559

    Inserted · 16 U.S.C. § 1855(c)(3)

    Pub. L. 104–297, § 110(b)(3)(A), inserted “or interim measure” after “emergency regulation” in two places in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 104–297, § 110(b)(3)(A), inserted “or interim measure” after “emergency regulation” in two places in introductory provisions.

    Enacted provision · exact public law section
    (A) by inserting “or interim measure” after “emergency regulation” each place such term appears;

21. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(3)(B) · 110 Stat. 3559

    1. Added · 16 U.S.C. § 1855(c)(3)(B)

       Pub. L. 104–297, § 110(b)(3)(B), (D), added subpar. (B)

    2. Struck · 16 U.S.C. § 1855(c)(3)(B)

       Pub. L. 104–297, § 110(b)(3)(B), (D), struck out former subpar. (B) which read as follows: “shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 104–297, § 110(b)(3)(B), (D), added subpar. (B) and struck out former subpar. (B) which read as follows: “shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and”.

    Enacted provision · exact public law section
    (B) by striking subparagraph (B);

22. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(3)(D) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1855(c)(3)(C)

    Pub. L. 104–297, § 110(b)(3)(D), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 104–297, § 110(b)(3)(D), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (D) by inserting after subparagraph (A) the following: “(B) shall, except as provided in subparagraph (C), remain in effect for not more than 180 days after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 180 days, provided the public has had an opportunity to comment on the emergency regulation or interim measure, and, in the case of a Council recommendation for emergency regulations or interim measures, the Council is actively preparing a fishery management plan, plan amendment, or proposed regulations to address the emergency or overfishing on a permanent basis; “(C) that responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist, Provided, That the public has an opportunity to comment after the regulation is published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs with the Secretary’s action; and”.

23. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(b)(3)(C) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1855(c)(3)(D)

    Pub. L. 104–297, § 110(b)(3)(C), redesignated subpar. (C) as (D)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D). Pub. L. 104–297, § 110(b)(3)(C), redesignated subpar. (C) as (D).

    Enacted provision · exact public law section
    (C) by redesignating subparagraph (C) as subparagraph (D); and

24. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(c) · 110 Stat. 3559

    1. Substituted · 16 U.S.C. § 1855(e)

       Pub. L. 104–297, § 110(c), substituted “12866, dated September 30, 1993,” for “12291, dated February 17, 1981,”

    2. Substituted · 16 U.S.C. § 1855(e)

       Pub. L. 104–297, § 110(c), substituted “subsections (a), (b), and (c) of section 1854 of this title” for “subsection (c) of this section or section 1854(a) and (b) of this title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–297, § 110(c), substituted “12866, dated September 30, 1993,” for “12291, dated February 17, 1981,” and “subsections (a), (b), and (c) of section 1854 of this title” for “subsection (c) of this section or section 1854(a) and (b) of this title”.

    Enacted provision · exact public law section
    (c) Section 305(e) is amended— (1) by striking “12291, dated February 17, 1981,” and inserting “12866, dated September 30, 1993,”; and (2) by striking “subsection (c) or section 304(a) and (b)” and inserting “subsections (a), (b), and (c) of section 304”.

25. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(a)(2) · 110 Stat. 3559

    Redesignated · 16 U.S.C. § 1855(f)

    Pub. L. 104–297, § 110(a)(2), redesignated subsec. (b) as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–297, § 110(a)(2), redesignated subsec. (b) as (f).

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (f); and

26. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 110(d) · 110 Stat. 3559

    Added · 16 U.S.C. § 1855(g); 16 U.S.C. § 1855(h)

    Pub. L. 104–297, § 110(d), added subsecs. (g) and (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 104–297, § 110(d), added subsecs. (g) and (h).

    Enacted provision · exact public law section
    (d) Section 305, as amended, is further amended by adding at the end the following: “(g) Negotiated Conservation and Management Measures.— “(1) (A) In accordance with regulations promulgated by the Secretary pursuant to this paragraph, a Council may establish a fishery negotiation panel to assist in the development of specific conservation and management measures for a fishery under its authority. The Secretary may establish a fishery negotiation panel to assist in the development of specific conservation and management measures required for a fishery under section 304(e)(5), for a fishery for which the Secretary has authority under section 304(g), or for any other fishery with the approval of the appropriate Council. “(B) No later than 180 days after the date of enactment of the Sustainable Fisheries Act, the Secretary shall promulgate regulations establishing procedures, developed in cooperation with the Administrative Conference of the United States, for the establishment and operation of fishery negotiation panels. Such procedures shall be comparable to the procedures for negotiated rulemaking established by subchapter III of chapter 5 of title 5, United States Code. “(2) If a negotiation panel submits a report, such report shall specify all the areas where consensus was reached by the panel, including, if appropriate, proposed conservation and management measures, as well as any other information Federal Register, publication. submitted by members of the negotiation panel. Upon receipt, the Secretary shall publish such report in the Federal Register for public comment. “(3) Nothing in this subsection shall be construed to require either a Council or the Secretary, whichever is appropriate, to use all or any portion of a report from a negotiation panel established under this subsection in the development of specific conservation and management measures for the fishery for which the panel was established. “(h) Central Registry System for Limited Access System Permits.— “(1) Within 6 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an exclusive central registry system (which may be administered on a regional basis) for limited access system permits established under section 303(b)(6) or other Federal law, including individual fishing quotas, which shall provide for the registration of title to, and interests in, such permits, as well as for procedures for changes in the registration of title to such permits upon the occurrence of involuntary transfers, judicial or nonjudicial foreclosure of interests, enforcement of judgments thereon, and related matters deemed appropriate by the Secretary. Such registry system shall— “(A) provide a mechanism for filing notice of a nonjudicial foreclosure or enforcement of a judgment by which the holder of a senior security interest acquires or conveys ownership of a permit, and in the event of a nonjudicial foreclosure, by which the interests of the holders of junior security interests are released when the permit is transferred; “(B) provide for public access to the information filed Public information. under such system, notwithstanding section 402(b); and “(C) provide such notice and other requirements of applicable law that the Secretary deems necessary for an effective registry system. “(2) The Secretary shall promulgate such regulations as Regulations. may be necessary to carry out this subsection, after consulting with the Councils and providing an opportunity for public comment. The Secretary is authorized to contract with non-Federal entities to administer the central registry system. “(3) To be effective and perfected against any person except the transferor, its heirs and devisees, and persons having actual notice thereof, all security interests, and all sales and other transfers of permits described in paragraph (1), shall be registered in compliance with the regulations promulgated under paragraph (2). Such registration shall constitute the exclusive means of perfection of title to, and security interests in, such permits, except for Federal tax hens thereon, which shall be perfected exclusively in accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify Notification. both the buyer and seller of a permit if a lien has been filed by the Secretary of the Treasury against the permit before collecting any transfer fee under paragraph (5) of this subsection. “(4) The priority of security interests shall be determined in order of filing, the first filed having the highest priority. A validly-filed security interest shall remain valid and perfected notwithstanding a change in residence or place of business of the owner of record. For the purposes of this subsection, ‘security interest’ shall include security interests, assignments, liens and other encumbrances of whatever kind. “(5) (A) Notwithstanding section 304(d)(1), the Secretary shall collect a reasonable fee of not more than one-half of one percent of the value of a limited access system permit upon registration of the title to such permit with the central registry system and upon the transfer of such registered title. Any such fee collected shall be deposited in the Limited Access System Administration Fund established under subparagraph (B). “(B) There is established in the Treasury a Limited Access System Administration Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purposes of— “(i) administering the central registry system; and “(ii) administering and implementing this Act in the fishery in which the fees were collected. Sums in the Fund that are not currently needed for these purposes shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.”.

27. 1996

    Sustainable Fisheries Act

    Pub. L. 104–297 § 111(a) · 110 Stat. 3559

    Added · 16 U.S.C. § 1855(i)

    Pub. L. 104–297, § 111(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 104–297, § 111(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) Harold Sparck Memorial Community Development Quota Program.— Section 305, as amended, is amended further by adding at the end: “(i) Alaska and Western Pacific Community Development Programs.— “(1) (A) The North Pacific Council and the Secretary shall establish a western Alaska community development quota program under which a percentage of the total allowable catch of any Bering Sea fishery is allocated to the program. “(B) To be eligible to participate in the western Alaska community development quota program under subparagraph (A) a community shall— “(i) be located within 50 nautical miles from the baseline from which the breadth of the territorial sea is measured along the Bering Sea coast from the Bering Strait to the western most of the Aleutian Islands, or on an island within the Bering Sea; “(ii) not be located on the Gulf of Alaska coast of the north Pacific Ocean; “(iii) meet criteria developed by the Governor of Alaska, approved by the Secretary, and published in the Federal Register; “(iv) be certified by the Secretary of the Interior pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to be a Native village; “(v) consist of residents who conduct more than one-half of their current commercial or subsistence fishing effort in the waters of the Bering Sea or waters surrounding the Aleutian Islands; and “(vi) not have previously developed harvesting or processing capability sufficient to support substantial participation in the groundfish fisheries in the Bering Sea, unless the community can show that the benefits from an approved Community Development Plan would be the only way for the community to realize a return from previous investments. “(C) (i) Prior to October 1, 2001, the North Pacific Council may not submit to the Secretary any fishery management plan, plan amendment, or regulation that allocates to the western Alaska community development quota program a percentage of the total allowable catch of any Bering Sea fishery for which, prior to October 1, 1995, the Council had not approved a percentage of the total allowable catch for allocation to such community development quota program. The expiration of any plan, amendment, or regulation that meets the requirements of clause (ii) prior to October 1, 2001, shall not be construed to prohibit the Council from submitting a revision or extension of such plan, amendment, or regulation to the Secretary if such revision or extension complies with the other requirements of this paragraph. “(ii) With respect to a fishery management plan, plan amendment, or regulation for a Bering Sea fishery that— “(I) allocates to the western Alaska community development quota program a percentage of the total allowable catch of such fishery; and “(II) was approved by the North Pacific Council prior to October 1, 1995; the Secretary shall, except as provided in clause (iii) and after approval of such plan, amendment, or regulation under section 304, allocate to the program the percentage of the total allowable catch described in such plan, amendment, or regulation. Prior to October 1, 2001, the percentage submitted by the Council and approved by the Secretary for any such plan, amendment, or regulation shall be no greater than the percentage approved by the Council for such fishery prior to October 1, 1995. “(iii) The Secretary shall phase in the percentage for community development quotas approved in 1995 by the North Pacific Council for the Bering Sea crab fisheries as follows: “(I) 3.5 percent of the total allowable catch of each such fishery for 1998 shall be allocated to the western Alaska community development quota program; “(II) 5 percent of the total allowable catch of each such fishery for 1999 shall be allocated to the western Alaska community development quota program; and “(III) 7.5 percent of the total allowable catch of each such fishery for 2000 and thereafter shall be allocated to the western Alaska community development quota program, unless the North Pacific Council submits and the Secretary approves a percentage that is no greater than 7.5 percent of the total allowable catch of each such fishery for 2001 or the North Pacific Council submits and the Secretary approves any other percentage on or after October 1, 2001. “(D) This paragraph shall not be construed to require the North Pacific Council to resubmit, or the Secretary to reapprove, any fishery management plan or plan amendment approved by the North Pacific Council prior to October 1, 1995, that includes a community development quota program, or any regulations to implement such plan or amendment. “(2) (A) The Western Pacific Council and the Secretary may establish a western Pacific community development program for any fishery under the authority of such Council in order to provide access to such fishery for western Pacific communities that participate in the program. “(B) To be eligible to participate in the western Pacific community development program, a community shall— “(i) be located within the Western Pacific Regional Fishery Management Area; “(ii) meet criteria developed by the Western Pacific Council, approved by the Secretary and published in the Federal Register; “(iii) consist of community residents who are descended from the aboriginal people indigenous to the area who conducted commercial or subsistence fishing using traditional fishing practices in the waters of the Western Pacific region; “(iv) not have previously developed harvesting or processing capability sufficient to support substantial participation in fisheries in the Western Pacific Regional Fishery Management Area; and “(v) develop and submit a Community Development Plan to the Western Pacific Council and the Secretary. “(C) In developing the criteria for eligible communities under subparagraph (B)(ii), the Western Pacific Council shall base such criteria on traditional fishing practices in or dependence on the fishery, the cultural and social framework relevant to the fishery, and economic barriers to access to the fishery. “(D) For the purposes of this subsection ‘Western Pacific Regional Fishery Management Area’ means the area under the jurisdiction of the Western Pacific Council, or an island within such area. “(E) Notwithstanding any other provision of this Act, the Western Pacific Council shall take into account traditional indigenous fishing practices in preparing any fishery management plan. “(3) The Secretary shall deduct from any fees collected from a community development quota program under section 304(d)(2) the costs incurred by participants in the program for observer and reporting requirements which are in addition to observer and reporting requirements of other participants in the fishery in which the allocation to such program has been made. “(4) After the date of enactment of the Sustainable Fisheries Act, the North Pacific Council and Western Pacific Council may not submit to the Secretary a community development quota program that is not in compliance with this subsection.”,

28. 2006

    Coast Guard and Maritime Transportation Act of 2006

    Pub. L. 109–241 title IV § 416(a) · 120 Stat. 516

    1. Added · 16 U.S.C. § 1855(i)(1)

       Pub. L. 109–241 added par. (1)

    2. Struck · 16 U.S.C. § 1855(i)(1)

       Pub. L. 109–241 struck out former par. (1) which related to the western Alaska community development quota program

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 109–241 added par. (1) and struck out former par. (1) which related to the western Alaska community development quota program.

    Enacted provision · exact public law section
    (a) Restatement of Existing Program Incorporating Certain Provisions of Regulations.— Section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)) is amended by striking paragraph (1) and inserting the following: “(1) Western alaska community development quota program.— “(A) In general.— There is established the western Alaska community development quota program in order— “(i) to provide eligible western Alaska villages with the opportunity to participate and invest in fisheries in the Bering Sea and Aleutian Islands Management Area; “(ii) to support economic development in western Alaska; “(iii) to alleviate poverty and provide economic and social benefits for residents of western Alaska; and “(iv) to achieve sustainable and diversified local economies in western Alaska. “(B) Program allocation.— “(i) In general.— Except as provided in clause (ii), the annual percentage of the total allowable catch, guideline harvest level, or other annual catch limit allocated to the program in each directed fishery of the Bering Sea and Aleutian Islands shall be the percentage approved by the Secretary, or established by Federal law, as of March 1, 2006, for the program. The percentage for each fishery shall be either a directed fishing allowance or include both directed fishing and nontarget needs based on existing practice with respect to the program as of March 1, 2006, for each fishery. “(ii) Exceptions.— Notwithstanding clause (i)— “(I) the allocation under the program for each directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, pollock, and crab) shall be a directed fishing allocation of 10 percent upon the establishment of a quota program, fishing cooperative, sector allocation, or other rationalization program in any sector of the fishery; and “(II) the allocation under the program in any directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, pollock, and crab) established after the date of enactment of this subclause shall be a directed fishing allocation of 10 percent. “(iii) Processing and other rights.— Allocations to the program include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006. “(iv) Regulation of harvest.— The harvest of allocations under the program for fisheries with individual quotas or fishing cooperatives shall be regulated by the Secretary in a manner no more restrictive than for other participants in the applicable sector, including with respect to the harvest of nontarget species. “(C) Allocations to entities.— Each entity eligible to participate in the program shall be authorized under the program to harvest annually the same percentage of each species allocated to the program under subparagraph (B) that it was authorized by the Secretary to harvest of such species annually as of March 1, 2006, except to the extent that its allocation is adjusted under subparagraph (H). Such allocation shall include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006. “(D) Eligible villages.— The following villages shall be eligible to participate in the program through the following entities: “(i) The villages of Akutan, Atka, False Pass, Nelson Lagoon, Nikolski, and Saint George through the Aleutian Pribilof Island Community Development Association. “(ii) The villages of Aleknagik, Clark’s Point, Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski, Levelock, Manokotak, Naknek, Pilot Point, Port Heiden, Portage Creek, South Naknek, Togiak, Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation. “(iii) The village of Saint Paul through the Central Bering Sea Fishermen’s Association. “(iv) The villages of Chefornak, Chevak, Eek, Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak through the Coastal Villages Region Fund. “(v) The villages of Brevig Mission, Diomede, Elim, Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White Mountain through the Norton Sound Economic Development Corporation. “(vi) The villages of Alakanuk, Emmonak, Grayling, Kotlik, Mountain Village, and Nunam Iqua through the Yukon Delta Fisheries Development Association. “(E) Eligibility requirements for participating entities.— To be eligible to participate in the program, an entity referred to in subparagraph (D) shall meet the following requirements: “(i) Board of directors.— The entity shall be governed by a board of directors. At least 75 percent of the members of the board shall be resident fishermen from the entity’s member villages. The board shall include at least one director selected by each such member village. “(ii) Panel representative.— The entity shall elect a representative to serve on the panel established by subparagraph (G). “(iii) Other investments.— The entity may make up to 20 percent of its annual investments in any combination of the following: “(I) For projects that are not fishery-related and that are located in its region. “(II) On a pooled or joint investment basis with one or more other entities participating in the program for projects that are not fishery- related and that are located in one or more of their regions. “(III) For matching Federal or State grants for projects or programs in its member villages without regard to any limitation on the Federal or State share, or restriction on the source of any non-Federal or non-State matching funds, of any grant program under any other provision of law. “(iv) Fishery-related investments.— The entity shall make the remainder percent of its annual investments in fisheries-related projects or for other purposes consistent with the practices of the entity prior to March 1, 2006. “(v) Annual statement of compliance.— Each year the entity, following approval by its board of directors and signed by its chief executive officer, shall submit a written statement to the Secretary and the State of Alaska that summarizes the purposes for which it made investments under clauses (iii) and (iv) during the preceding year. “(vi) Other panel requirements.— The entity shall comply with any other requirements established by the panel under subparagraph (G). “(F) Entity status, limitations, and regulation.— The entity— “(i) shall be subject to any excessive share ownership, harvesting, or processing limitations in the fisheries of the Bering Sea and Aleutian Islands Management Area only to the extent of the entity’s proportional ownership, excluding any program allocations, and notwithstanding any other provision of law; “(ii) shall comply with State of Alaska law requiring annual reports to the entity’s member villages summarizing financial operations for the previous calendar year, including general and administrative costs and compensation levels of the top 5 highest paid personnel; “(iii) shall comply with State of Alaska laws to prevent fraud that are administered by the Alaska Division of Banking and Securities, except that the entity and the State shall keep confidential from public disclosure any information if the disclosure would be harmful to the entity or its investments; and “(iv) is exempt from compliance with any State law requiring approval of financial transactions, community development plans, or amendments thereto, except as required by subparagraph (H). “(G) Administrative panel.— “(i) Establishment.— There is established a community development quota program panel. “(ii) Membership.— The panel shall consist of 6 members. Each entity participating in the program shall select one member of the panel. “(iii) Functions.— The panel shall— “(I) administer those aspects of the program not otherwise addressed in this paragraph, either through private contractual arrangement or through recommendations to the North Pacific Council, the Secretary, or the State of Alaska, as the case may be; and “(II) coordinate and facilitate activities of the entities under the program. “(iv) Unanimity required.— The panel may act only by unanimous vote of all 6 members of the panel and may not act if there is a vacancy in the membership of the panel. “(H) Decennial review and adjustment of entity allocations.— “(i) In general.— During calendar year 2012 and every 10 years thereafter, the State of Alaska shall evaluate the performance of each entity participating in the program based on the criteria described in clause (ii). “(ii) Criteria.— The panel shall establish a system to be applied under this subparagraph that allows each entity participating in the program to assign relative values to the following criteria to reflect the particular needs of its villages: “(I) Changes during the preceding 10-year period in population, poverty level, and economic development in the entity’s member villages. “(II) The overall financial performance of the entity, including fishery and nonfishery investments by the entity. “(III) Employment, scholarships, and training supported by the entity. “(IV) Achieving of the goals of the entity’s community development plan. “(iii) Adjustment of allocations.— After the evaluation required by clause (i), the State of Alaska shall make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the program for the criteria described in clause (ii). If the State determines that the entity has maintained or improved its overall performance with respect to the criteria, the allocation to such entity under the program shall be extended by the State for the next 10-year period. If the State determines that the entity has not maintained or improved its overall performance with respect to the criteria— “(I) at least 90 percent of the entity’s allocation for each species under subparagraph (C) shall be extended by the State for the next 10-year period; and “(II) the State may determine, or the Secretary may determine (if State law prevents the State from making the determination), and implement an appropriate reduction of up to 10 percent of the entity’s allocation for each species under subparagraph (C) for all or part of such 10-year period. “(iv) Reallocation of reduced amount.— If the State or the Secretary reduces an entity’s allocation under clause (iii), the reduction shall be reallocated among other entities participating in the program whose allocations are not reduced during the same period in proportion to each such entity’s allocation of the applicable species under subparagraph (C). “(I) Secretarial approval not required.— Notwithstanding any other provision of law or regulation thereunder, the approval by the Secretary of a community development plan, or an amendment thereof, under the program is not required. “(J) Community development plan defined.— In this paragraph, the term ‘community development plan’ means a plan, prepared by an entity referred to in subparagraph (D), for the program that describes how the entity intends— “(i) to harvest its share of fishery resources allocated to the program, or “(ii) to use its share of fishery resources allocated to the program, and any revenue derived from such use, to assist its member villages with projects to advance economic development, but does not include a plan that allocates fishery resources to the program.” .

29. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 108(a) · 120 Stat. 3575

    Substituted · 16 U.S.C. § 1855(c)(3)(B)

    Pub. L. 109–479, § 108(a), which directed substitution of “186 days,” for “180 days,” the second time appearing, was executed by making the substitution the only place that phrase appeared, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 109–479, § 108(a), which directed substitution of “186 days,” for “180 days,” the second time appearing, was executed by making the substitution the only place that phrase appeared, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (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,” the second time it appears and inserting “186 days,”.

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

30. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 108(b) · 120 Stat. 3575

    Inserted · 16 U.S.C. § 1855(c)(3)(D)

    Pub. L. 109–479, § 108(b), inserted “or interim measures” after “emergency regulations”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D). Pub. L. 109–479, § 108(b), inserted “or interim measures” after “emergency regulations”.

    Enacted provision · exact public law section
    (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”.

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

31. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 3(d)(3) · 120 Stat. 3575

    Substituted · 16 U.S.C. § 1855(h)(1)

    Pub. L. 109–479, § 3(d)(3), substituted “limited access privileges,” for “individual fishing quotas,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 109–479, § 3(d)(3), substituted “limited access privileges,” for “individual fishing quotas,” in introductory provisions.

    Enacted provision · exact public law section
    (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by striking “individual fishing quotas,” and inserting “limited access privileges,”.

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

32. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 116(b)(1)(C) · 120 Stat. 3575

    Changed · 16 U.S.C. § 1855(i)(1)(B)(ii)

    Pub. L. 109–479, § 116(b)(1)(C), which directed insertion of “The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.” after cl. (ii), was executed by making the insertion as concluding provisions of cl. (ii), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (i)(1)(B)(ii). Pub. L. 109–479, § 116(b)(1)(C), which directed insertion of “The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.” after cl. (ii), was executed by making the insertion as concluding provisions of cl. (ii), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (C) by inserting after paragraph (1)(B)(ii) the following: “The Applicability. total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.” ; and

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

33. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 116(b)(1)(A) · 120 Stat. 3575

    Substituted · 16 U.S.C. § 1855(i)(1)(B)(ii)(I)

    Pub. L. 109–479, § 116(b)(1)(A), substituted “total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and” for “directed fishing allocation of 10 percent upon the establishment of a quota program, fishing cooperative, sector allocation, or other rationalization program in any sector of the fishery; and”

    Source evidence

    Code amendment note
    Subsec. (i)(1)(B)(ii)(I). Pub. L. 109–479, § 116(b)(1)(A), substituted “total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and” for “directed fishing allocation of 10 percent upon the establishment of a quota program, fishing cooperative, sector allocation, or other rationalization program in any sector of the fishery; and”.

    Enacted provision · exact public law section
    (A) Effective date. by striking “directed fishing allocation” and all that follows in paragraph (1)(B)(ii)(I), and inserting “total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and”;

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

34. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 116(b)(1)(B) · 120 Stat. 3575

    Substituted · 16 U.S.C. § 1855(i)(1)(B)(ii)(II)

    Pub. L. 109–479, § 116(b)(1)(B), substituted “total allocation (directed and nontarget combined) of 10.7 percent.” for “directed fishing allocation of 10 percent.”

    Source evidence

    Code amendment note
    Subsec. (i)(1)(B)(ii)(II). Pub. L. 109–479, § 116(b)(1)(B), substituted “total allocation (directed and nontarget combined) of 10.7 percent.” for “directed fishing allocation of 10 percent.”

    Enacted provision · exact public law section
    (B) by striking “directed fishing allocation of 10 percent.” in paragraph (1)(B)(ii)(II) and inserting “total allocation (directed and nontarget combined) of 10.7 percent.”;

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

35. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 116(b)(1)(D) · 120 Stat. 3575

    Inserted · 16 U.S.C. § 1855(i)(1)(C)

    Pub. L. 109–479, § 116(b)(1)(D), inserted at end “Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.”

    Source evidence

    Code amendment note
    Subsec. (i)(1)(C). Pub. L. 109–479, § 116(b)(1)(D), inserted at end “Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.”

    Enacted provision · exact public law section
    (D) by inserting “Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.” after “2006.” in paragraph (1)(C).

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

36. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 109 · 120 Stat. 3575

    Added · 16 U.S.C. § 1855(j)

    Pub. L. 109–479, § 109, added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 109–479, § 109, added subsec. (j).

    Enacted provision · exact public law section
    SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY DEVELOPMENT.   Section 305 (16 U.S.C. 1855) is amended by adding at the end thereof the following: “(j) Western Pacific and Northern Pacific Regional Marine Education and Training.— “(1) In general.— The Secretary shall establish a pilot program for regionally-based marine education and training programs in the Western Pacific and the Northern Pacific to foster understanding, practical use of knowledge (including native Hawaiian, Alaskan Native, and other Pacific Islander-based knowledge), and technical expertise relevant to stewardship of living marine resources. The Secretary shall, in cooperation with the Western Pacific and the North Pacific Regional Fishery Management Councils, regional educational institutions, and local Western Pacific and Northern Pacific community training entities, establish programs or projects that will improve communication, education, and training on marine resource issues throughout the region and increase scientific education for marine-related professions among coastal community residents, including indigenous Pacific islanders, Native Hawaiians, Alaskan Natives, and other underrepresented groups in the region. “(2) Program components.— The program shall— “(A) include marine science and technology education and training programs focused on preparing community residents for employment in marine related professions, including marine resource conservation and management, marine science, marine technology, and maritime operations; “(B) include fisheries and seafood-related training programs, including programs for fishery observers, seafood safety and seafood marketing, focused on increasing the involvement of coastal community residents in fishing, fishery management, and seafood-related operations; “(C) include outreach programs and materials to educate and inform consumers about the quality and sustainability of wild fish or fish products farmed through responsible aquaculture, particularly in Hawaii, Alaska, the Western Pacific, the Northern Pacific, and the Central Pacific; “(D) include programs to identify, with the fishing industry, methods and technologies that will improve the data collection, quality, and reporting and increase the sustainability of fishing practices, and to transfer such methods and technologies among fisheries sectors and to other nations in the Western, Northern, and Central Pacific; “(E) develop means by which local and traditional knowledge (including Pacific islander, Native Hawaiian, and Alaskan Native knowledge) can enhance science-based management of fishery resources of the region; and “(F) develop partnerships with other Western Pacific Island and Alaskan agencies, academic institutions, and other entities to meet the purposes of this section.” .

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

37. 2007

    Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

    Pub. L. 109–479 § 110 · 120 Stat. 3575

    Added · 16 U.S.C. § 1855(k)

    Pub. L. 109–479, § 110, added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 109–479, § 110, added subsec. (k).

    Enacted provision · exact public law section
    SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.   Section 305 (16 U.S.C. 1855), as amended by section 109 of this Act, is further amended by adding at the end thereof the following: “(k) Multispecies Groundfish.— “(1) In general.— Within 60 days after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary of Commerce shall determine whether fishing in State waters— “(A) without a New England multispecies groundfish fishery permit on regulated species within the multispecies complex is not consistent with the applicable Federal fishery management plan; or “(B) without a Federal bottomfish and seamount groundfish permit in the Hawaiian archipelago on regulated species within the complex is not consistent with the applicable Federal fishery management plan or State data are not sufficient to make such a determination. “(2) Cure.— If the Secretary makes a determination that such actions are not consistent with the plan, the Secretary shall, in consultation with the Council, and after notifying the affected State, develop and implement measures to cure the inconsistency pursuant to section 306(b).” .

    Effective date note
    Pub. L. 109–479, title I, § 116(b)(2), Jan. 12, 2007, 120 Stat. 3606, provided that: “The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act [16 U.S.C. 1855(i)(1)] and of this subsection [amending this section], the term ‘fishing cooperative’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.”

38. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 div. G title LVXXXIV · 134 Stat. 3388

    Amended · 16 U.S.C. § 1855(i)(1)(G)(iv)

    Pub. L. 116–283 amended cl. (iv) generally. Prior to amendment, text read as follows: “The panel may act only by unanimous vote of all 6 members of the panel and may not act if there is a vacancy in the membership of the panel.”

    Source evidence

    Code amendment note
    Subsec. (i)(1)(G)(iv). Pub. L. 116–283 amended cl. (iv) generally. Prior to amendment, text read as follows: “The panel may act only by unanimous vote of all 6 members of the panel and may not act if there is a vacancy in the membership of the panel.”

    Enacted provision · exact public law
    TITLE LVXXXIV— MISCELLANEOUS Subtitle A— Navigation and Shipping Sec. 8401.  Coastwise trade. Sec. 8402.  Towing vessels operating outside boundary line. Sec. 8403.  Sense of Congress regarding the maritime industry of the United States. Sec. 8404.  Cargo preference study. Sec. 8405.  Towing vessel inspection fees review. Subtitle B— Maritime Domain Awareness Sec. 8411.  Unmanned maritime systems and satellite vessel tracking technologies. Sec. 8412.  Unmanned aircraft systems testing. Sec. 8413.  Land-based unmanned aircraft system program of Coast Guard. Sec. 8414.  Prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 8415.  United States commercial space-based radio frequency maritime domain awareness testing and evaluation program. Sec. 8416.  Authorization of use of automatic identification systems devices to mark fishing equipment. Subtitle C— Arctic Sec. 8421.  Coast Guard Arctic prioritization. Sec. 8422.  Arctic PARS Native engagement. Sec. 8423.  Voting requirement. Sec. 8424.  Report on the Arctic capabilities of the Armed Forces. Sec. 8425.  Report on Arctic search and rescue. Sec. 8426.  Arctic Shipping Federal Advisory Committee. Subtitle D— Other Matters Sec. 8431.  Plan for wing-in-ground demonstration plan. Sec. 8432.  Northern Michigan oil spill response planning. Sec. 8433.  Documentation of LNG tankers. Sec. 8434.  Replacement vessel. Sec. 8435.  Educational vessel. Sec. 8436.  Waters deemed not navigable waters of the United States for certain purposes. Sec. 8437.  Anchorages. Sec. 8438.  Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon. Sec. 8439.  Authority to enter into agreements with National Coast Guard Museum Association. Sec. 8440.  Video equipment; access and retention of records. Sec. 8441.  Regulations for covered small passenger vessels. Subtitle A— Navigation and Shipping SEC. 8401. COASTWISE TRADE. (a) In General.— The Commandant shall review the adequacy of and continuing need for provisions in title 46, Code of Federal Regulations, that require a United States vessel documented under chapter 121 of title 46, United States Code, possessing a coastwise endorsement under that chapter, and engaged in coastwise trade, to comply with regulations for vessels engaged in an international voyage. (b) Briefing.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the findings of the review required under subsection (a) and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection (a) while infringing as little as possible on commerce. SEC. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE. (a) Definitions.— In this section— (1) the term “Boundary Line” has the meaning given the term in section 103 of title 46, United States Code; (2) the term “Officer in Charge, Marine Inspection” has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and (3) the term “Secretary” means the Secretary of the Department in which the Coast Guard is operating. (b) Interim Exemption.— A towing vessel described in subsection (c) and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act), that would result solely from such vessel operating outside the Boundary Line, if— (1) the vessel is— (A) operating outside the Boundary Line solely to perform regular harbor assist operations; or (B) listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel; (2) the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and (3) the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation). (c) Applicability.— This section applies to a towing vessel— (1) that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation); (2) with only “Lakes, Bays, and Sounds” or “Rivers” routes recorded on such vessel’s certificate of inspection pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation); (3) that, with respect to a vessel described in subsection (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability; and (4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed— (A) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or (B) by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan. (d) Limitations.— A vessel exempted under subsection (b) is subject to the following operating limitations: (1) The voyage of a vessel described in subsection (b)(1)(A) shall— (A) be less than 12 hours in total duration; (B) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and (C) occur no further than 10 nautical miles from the Boundary Line. (2) The voyage of a vessel described in subsection (b)(1)(B) shall— (A) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and (B) either— (i) in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Secretary; or (ii) be less than 12 hours. (e) Safety.— (1) Safety restrictions.— The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection (b) for safety purposes. (2) Comprehensive lists.— The Officer in Charge, Marine Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described in subsection (c) that operate in the inspection zone. (3) Notification.— Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection (b) shall notify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include— (A) the date, time, and length of voyage; (B) a crew list, with each crew member’s credentials and work hours; and (C) an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board. (f) Briefing.— Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following: (1) The impacts of the interim exemption provided under this section. (2) Any safety concerns regarding the expiration of such interim exemption. (3) Whether such interim exemption should be extended. (g) Termination.— The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act. SEC. 8403. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE UNITED STATES.   It is the sense of Congress that the maritime industry of the United States contributes to the Nation’s economic prosperity and national security. SEC. 8404. CARGO PREFERENCE STUDY. (a) In General.— The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States Cargo Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of title 46, United States Code, and section 2631 of title 10, United States Code (hereinafter in this section referred to as the “United States Cargo Preference Laws”). (b) Scope.— The audit conducted under subsection (a) shall include, for the period from October 14, 2008, until the date of the enactment of this Act— (1) a listing of the agencies and organizations required to comply with the United States Cargo Preference Laws; (2) an analysis of the compliance or noncompliance of such agencies and organizations with such laws, including— (A) the total amount of oceangoing cargo that each such agency, organization, or contractor procured for its own account or for which financing was in any way provided with Federal funds, including loan guarantees; (B) the percentage of such cargo shipped on privately owned commercial vessels of the United States; (C) an assessment of internal programs and controls used by each such agency or organization to monitor and ensure compliance with the United States Cargo Preference Laws, to include education, training, and supervision of its contracting personnel, and the procedures and controls used to monitor compliance with cargo preference requirements by contractors and subcontractors; and (D) instances in which cargoes are shipped on foreign-flag vessels under non-availability determinations but not counted as such for purposes of calculating cargo preference compliance; and (3) an overview of enforcement activities undertaken by the Maritime Administration from October 14, 2008, until the date of the enactment of this Act, including a listing of all bills of lading collected by the Maritime Administration during that period. (c) Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the audit and providing recommendations related to such results, to include— (1) actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference Laws; and (2) Other measures that may compel agencies and organizations, and their contractors and subcontractors, to use United States flag vessels in the international transportation of ocean cargoes as mandated by the United States Cargo Preference Laws. SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW.    Deadline. Not later than 180 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) the results of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282); and (2) a copy of any regulation required pursuant to section 815(b) of such Act to establish specific inspection fees for such vessels. Subtitle B— Maritime Domain Awareness SEC. 8411. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING TECHNOLOGIES. (a) Assessment.— The Commandant, acting through the Blue Technology Center of Expertise, shall regularly assess available unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard. (b) Report.— (1) In general.— Not later than 1 year after the date of the enactment of this Act, and biennially thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the actual and potential effects of the use of then-existing unmanned maritime systems and satellite vessel tracking technologies on the mission effectiveness of the Coast Guard. (2) Contents.— Each report submitted under paragraph (1) shall include the following: (A) An inventory of current unmanned maritime systems used by the Coast Guard, an overview of such usage, and a discussion of the mission effectiveness of such systems, including any benefits realized or risks or negative aspects of such usage. (B) An inventory of satellite vessel tracking technologies, and a discussion of the potential mission effectiveness of such technologies, including any benefits or risks or negative aspects of such usage. (C) A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems, or with satellite vessel tracking technologies, and the estimated costs of accessing, acquiring, or operating such systems, taking into consideration the interoperability of such systems with the current and future fleet of— (i) National Security Cutters; (ii) Fast Response Cutters; (iii) Offshore Patrol Cutters; (iv) Polar Security Cutters; and (v) in-service legacy cutters, including the 210- and 270-foot medium endurance cutters and 225-foot Buoy Tenders. (c) Definitions.— In this section: (1) Unmanned maritime systems.— (A) In general.— The term “unmanned maritime systems” means— (i) remotely operated or autonomous vehicles produced by the commercial sector designed to travel in the air, on or under the ocean surface, on land, or any combination thereof, and that function without an on-board human presence; and (ii) associated components of such vehicles, including control and communications systems, data transmission systems, and processing systems. (B) Examples.— Such term includes the following: (i) Unmanned undersea vehicles. (ii) Unmanned surface vehicles. (iii) Unmanned aerial vehicles. (iv) Autonomous underwater vehicles. (v) Autonomous surface vehicles. (vi) Autonomous aerial vehicles. (2) Available unmanned maritime systems.— The term “available unmanned maritime systems” includes systems that can be purchased commercially or are in use by the Department of Defense or other Federal agencies. (3) Satellite vessel tracking technologies.— The term “satellite vessel tracking technologies” means shipboard broadcast systems that use satellites and terrestrial receivers to continually track vessels. SEC. 8412. UNMANNED AIRCRAFT SYSTEMS TESTING. (a) Training Area.— The Commandant shall carry out and update, as appropriate, a program for the use of one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft to support missions of the Coast Guard. (b) Designation of Area.— (1) In general.— Not later than 180 days after the date of enactment of this Act, the Commandant shall, as part of the program under subsection (a), designate an area for the training, testing, and development of unmanned aircraft systems and small unmanned aircraft. (2) Considerations.— In designating a training area under paragraph (1), the Commandant shall— (A) ensure that such training area has or receives all necessary Federal Aviation Administration flight authorization; and (B) take into consideration all of the following attributes of the training area: (i) Direct over-water maritime access from the site. (ii) The availability of existing Coast Guard support facilities, including pier and dock space. (iii) Proximity to existing and available offshore Warning Area airspace for test and training. (iv) Existing facilities and infrastructure to support unmanned aircraft system-augmented, and small unmanned aircraft-augmented, training, evaluations, and exercises. (v) Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations. (c) Definitions.— In this section— (1) the term “existing” means as of the date of enactment of this Act; and (2) the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49, United States Code. SEC. 8413. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD. (a) Funding for Certain Enhanced Capabilities.— Section 319 of title 14, United States Code, is amended by adding at the end the following new subsection: “(c) Funding for Certain Enhanced Capabilities.— In each of fiscal years 2020 and 2021, the Commandant may provide additional funding of $5,000,000 for additional long-range maritime patrol aircraft, acquired through full and open competition.” . (b) Report on Use of Unmanned Aircraft Systems for Certain Surveillance.— (1) Report required.— Not later than March 31, 2021, the Commandant, in coordination with the Administrator of the Federal Aviation Administration on matters related to aviation safety and civilian aviation and aerospace operations, shall submit to the appropriate committees of Congress a report setting forth an assessment of the feasibility and advisability of using unmanned aircraft systems for surveillance of marine protected areas, the transit zone, and the Arctic in order to— (A) establish and maintain regular maritime domain awareness of such areas; (B) ensure appropriate response to illegal activities in such areas; and (C) collaborate with State, local, and tribal authorities, and international partners, in surveillance missions over their waters in such areas. (2) Appropriate committees of congress defined.— In this subsection, the term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives. SEC. 8414. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS. (a) Prohibition on Agency Operation or Procurement.— The Commandant may not operate or enter into or renew a contract for the procurement of— (1) an unmanned aircraft system that— (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or (D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems. (b) Exemption.— (1) In general.— The Commandant is exempt from the restriction under subsection (a) if— (A) the operation or procurement is for the purposes of— (i) counter-UAS system surrogate testing and training; or (ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or (B) the Commandant receives a certification from the Coast Guard unit requesting to operate or procure an unmanned aircraft system otherwise restricted under subsection (a), which shall include supporting manufacturer information, that the unmanned aircraft system does not— (i) connect to the internet or an outside telecommunications service; (ii) connect to other devices or electronics, except as necessary to perform the mission; or (iii) perform any missions in support of classified information or that may threaten national security. (2) Expiration.— The authority under this subsection to operate or procure an unmanned aircraft system otherwise restricted under subsection (a) expires on the date that is 2 years after the date of the enactment of this Act. (c) Waiver.— The Commandant may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required in the national interest of the United States. (d) Definitions.— In this section: (1) Covered foreign country.— The term “covered foreign country” means the People’s Republic of China. (2) Counter-UAS system.— The term “counter-UAS system” has the meaning given such term in section 44801 of title 49, United States Code. (3) Unmanned aircraft system.— The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code. SEC. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM. (a) Testing and Evaluation Program.— The Commandant, acting through the Blue Technology Center of Expertise, shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include— (1) developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements; (2) establishing how United States commercial space-based radio frequency data products should integrate into existing work flows; and (3) establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms. (b) Report.— Not later than 240 days after the date of enactment of this Act, the Commandant shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements. SEC. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS DEVICES TO MARK FISHING EQUIPMENT. (a) Definitions.— In this section— (1) the term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration Administrator; (2) the term “Automatic Identification System” has the meaning given the term in section 164.46(a) of title 33, Code of Federal Regulations, or any successor regulation; (3) the term “Automatic Identification System device” means a covered device that operates in radio frequencies assigned for Automatic Identification System stations; (4) the term “Commission” means the Federal Communications Commission; and (5) the term “covered device” means a device used to mark fishing equipment. (b) Rulemaking Required.— Not later than 180 days after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, and in consultation with the Commandant and the Secretary of State, shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned for Automatic Identification System stations. (c) Considerations.— In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned for Automatic Identification System stations consistent with the core purpose of the Automatic Identification System to prevent maritime accidents. Subtitle C— Arctic SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION. (a) Findings.— Congress makes the following findings: (1) The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military significance of the sea lanes and choke points within the region and understand the potential for power projection from the Arctic into multiple regions. (2) Russia and China have conducted military exercises together in the Arctic, have agreed to connect the Northern Sea Route, claimed by Russia, with China’s Maritime Silk Road, and are working together in developing natural gas resources in the Arctic. (3) The economic significance of the Arctic continues to grow as countries around the globe begin to understand the potential for maritime transportation through, and economic and trade development in, the region. (4) Increases in human, maritime, and resource development activity in the Arctic region may create additional mission requirements for the Department of Defense and the Department of Homeland Security. (5) The increasing role of the United States in the Arctic has been highlighted in each of the last four national defense authorization acts. (6) The United States Coast Guard Arctic Strategic Outlook released in April 2019 states, “Demonstrating commitment to operational presence, Canada, Denmark, and Norway have made strategic investments in ice-capable patrol ships charged with national or homeland security missions. The United States is the only Arctic State that has not made similar investments in ice-capable surface maritime security assets. This limits the ability of the Coast Guard, and the Nation, to credibly uphold sovereignty or respond to contingencies in the Arctic.”. (b) Sense of Congress.— It is the sense of Congress that— (1) the Arctic is a region of strategic importance to the national security interests of the United States, and the Coast Guard must better align its mission prioritization and development of capabilities to meet the growing array of challenges in the region; (2) the increasing freedom of navigation and expansion of activity in the Arctic must be met with an increasing show of Coast Guard forces capable of exerting influence through persistent presence; (3) Congress fully supports the needed and important re-capitalization of the fleet of cutters and aircraft of the Coast Guard, but, the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity; and (4) although some progress has been made to increase awareness of Arctic issues and to promote increased presence in the region, additional measures are needed to protect vital economic, environmental, and national security interests of the United States, and to show the commitment of the United States to this emerging strategic choke point of increasing great power competition. (c) Arctic Defined.— In this section, the term “Arctic” has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT.   The Commandant shall— (1) engage directly with local coastal whaling and fishing communities in the Arctic region when conducting the Alaskan Arctic Coast Port Access Route Study, in accordance with chapter 700 of title 46, United States Code, and as described in the notice of study published in the Federal Register on December 21, 2018 (83 Fed. Reg. 65701); and (2) consider the concerns of the Arctic coastal community regarding any Alaskan Arctic Coast Port Access Route, including safety needs and concerns. SEC. 8423. VOTING REQUIREMENT.   Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as follows: “(iv) Voting requirement.— The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.” . SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES. (a) Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of Congress a report setting forth the results of a study on the Arctic capabilities of the Armed Forces. Contracts. The Secretary shall enter into a contract with an appropriate federally funded research and development center for the conduct of the study. (b) Elements.— The report required by subsection (a) shall include the following: (1) A comparison of the capabilities of the United States, the Russian Federation, the People’s Republic of China, and other countries operating in the Arctic, including an assessment of the ability of the navy of each such country to operate in varying sea-ice conditions. (2) A description of commercial and foreign military surface forces currently operating in the Arctic in conditions inaccessible to Navy surface forces. (3) An assessment of the potential security risk posed to Coast Guard forces by military forces of other countries operating in the Arctic in conditions inaccessible to Navy surface or aviation forces in the manner such forces currently operate. (4) A comparison of the domain awareness capabilities of— (A) Coast Guard forces operating alone; and (B) Coast Guard forces operating in tandem with Navy surface and aviation forces and the surface and aviation forces of other allies. (5) A comparison of the defensive capabilities of— (A) Coast Guard forces operating alone; and (B) Coast Guard forces operating in mutual defense with Navy forces, other Armed Forces, and the military forces of allies. (c) Form.— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives. SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE. (a) In General.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the search and rescue capabilities of the Coast Guard in Arctic coastal communities. (b) Contents.— The report under subsection (a) shall include the following: (1) An identification of ways in which the Coast Guard can more effectively partner with Arctic coastal communities to respond to search and rescue incidents through training, funding, and deployment of assets. (2) An analysis of the costs of forward deploying on a seasonal basis Coast Guard assets in support of such communities for responses to such incidents. SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. (a) Purpose.— The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation. (b) Definitions.— In this section: (1) Advisory committee.— The term “Advisory Committee” means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1). (2) Arctic.— The term “Arctic” has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). (3) Arctic sea routes.— The term “Arctic Sea Routes” means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage. (c) Establishment of the Arctic Shipping Federal Advisory Committee.— (1) Establishment of advisory committee.— (A) In general.— The Secretary of Transportation, in coordination with the Secretary of State, the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy, the Secretary of Commerce, and the Secretary of the Department in which the Coast Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation, including Arctic seaway development. (B) Meetings.— The Advisory Committee shall meet at the call of the Chairperson, and at least once annually in Alaska. (2) Membership.— (A) In general.— The Advisory Committee shall be composed of 17 members as described in subparagraph (B). (B) Composition.— The members of the Advisory Committee shall be— (i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee; (ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee; (iii) 1 designee of the Secretary of Commerce; (iv) 1 designee of the Secretary of State; (v) 1 designee of the Secretary of Transportation; (vi) 1 designee of the Secretary of Defense; (vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation; (viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation; (ix) 3 Alaska Native Tribal members; (x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation; (xi) 1 individual representing coastal communities affected by Arctic maritime transportation; (xii) 1 individual representing vessels of the United States (as defined in section 116 of title 46, United States Code) participating in the shipping industry; (xiii) 1 individual representing the marine safety community; (xiv) 1 individual representing the Arctic business community; and (xv) 1 individual representing maritime labor organizations. (C) Terms.— (i) Limitations.— Each member of the Advisory Committee described in clauses (vii) through (xv) of subparagraph (B) shall serve for a 2-year term and shall not be eligible for more than 2 consecutive term reappointments. (ii) Vacancies.— Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (3) Functions.— The Advisory Committee shall carry out all of the following functions: (A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law: (i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports. (ii) Provision of services that are not widely commercially available in the United States Arctic that would— (I) improve Arctic maritime safety and environmental protection; (II) enhance Arctic maritime domain awareness; and (III) support navigation and incident response for vessels transiting the Arctic Sea Routes. (iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services. (B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and— (i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or (ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable. (C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations. (D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes. (d) Report to Congress.— Not later than 2 years after the date of enactment of this Act, the Advisory Committee shall submit a report with its recommendations under subparagraphs (A) and (B) of subsection (c)(3) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (e) Termination of the Advisory Committee.— Not later than 8 years after the submission of the report described in subsection (d), the Secretary of Transportation shall dissolve the Advisory Committee. (f) International Engagement.— If a Special Representative for the Arctic Region is appointed by the Secretary of State, the duties of that Representative shall include— (1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and (2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation. (g) Tribal Consultation.— In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes. Subtitle D— Other Matters SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. (a) In General.— (1) The Commandant, in coordination with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization, or aviation, shall develop plans for a demonstration program that will determine whether wing-in-ground craft, as such term is defined in section 2101 of title 46, United States Code, that is capable of carrying at least one individual, can— (A) provide transportation in areas in which energy exploration, development or production activity takes place on the Outer Continental Shelf; and (B) under the craft’s own power, safely reach helidecks or platforms located on offshore energy facilities. (2) Requirements.— The plans required under paragraph (1) shall— (A) examine and explain any safety issues with regard to the operation of the such craft as a vessel, or as an aircraft, or both; (B) include a timeline and technical milestones for the implementation of such a demonstration program; (C) outline resource requirements needed to undertake such a demonstration program; (D) describe specific operational circumstances under which the craft may be used, including distance from United States land, altitude, number of individuals, amount of cargo, and speed and weight of vessel; (E) describe the operations under which Federal Aviation Administration statutes, regulations, circulars, or orders apply; and (F) describe the certifications, permits, or authorizations required to perform any operations. (b) Report.— Not later than 1 year after the date of the enactment of this Act, the Commandant, along with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization, or aviation, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate on the plan developed under subsection (a), including— (1) any regulatory changes needed regarding inspections and manning, to allow such craft to operate between onshore facilities and offshore energy facilities when such craft is operating as a vessel; (2) any regulatory changes that would be necessary to address potential impacts to air traffic control, the National Airspace System, and other aircraft operations, and to ensure safe operations on or near helidecks and platforms located on offshore energy facilities when such craft are operating as aircraft; and (3) any other statutory or regulatory changes related to authority of the Federal Aviation Administration over operations of the craft. SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.    Deadline. Consultation. Update. Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from a pipeline in adverse weather conditions. SEC. 8433. DOCUMENTATION OF LNG TANKERS. (a) “Safari Voyager”.— (1) In general.— Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Safari Voyager (International Maritime Organization number 8963753). (2) Revocation of effectiveness of certificate.— A certificate of documentation issued under paragraph (1) is revoked on the date of the sale of the vessel or the entity that owns the vessel. (b) “Pacific Provider”.— (1) In general.— Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Pacific Provider (United States official number 597967). (2) Revocation of effectiveness of certificate.— A certificate of documentation issued under paragraph (1) is revoked on the date of the sale of the vessel or the entity that owns the vessel. (c) America’s Cup Act of 2011.— Section 7(b) of the America’s Cup Act of 2011 (Public Law 112–61) 125 Stat. 754. is amended— (1) in paragraph (3)— (A) by striking “of the vessel on the date of enactment of this Act”; and (B) by inserting before the period the following: “, unless prior to any such sale the vessel has been operated in a coastwise trade for not less than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and prior to sale of vessel”; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (1) the following: “(2) Limitation on ownership.— The Secretary of the department in which the Coast Guard is operating may only issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph (1) if the owner of the vessel is an individual or individuals who are citizens of the United States, or is an entity deemed to be such a citizen under section 50501 of title 46, United States Code. “(3) Limitation on repair and modification.— “(A) Requirement.— Any qualified work shall be performed at a shipyard facility located in the United States. “(B) Exceptions.— The requirement in subparagraph (A) does not apply to any qualified work— “(i) for which the owner or operator enters into a binding agreement no later than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020; or “(ii) necessary for the safe towage of the vessel from outside the United States to a shipyard facility in the United States for completion of the qualified work. “(C) Definition.— In this paragraph, qualified work means repair and modification necessary for the issuance of a certificate of inspection issued as a result of the waiver for which a coastwise endorsement is issued under paragraph (1).” . SEC. 8434. REPLACEMENT VESSEL.   Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act. SEC. 8435. EDUCATIONAL VESSEL. (a) In General.— Notwithstanding section 12112(a)(2) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Oliver Hazard Perry (IMO number 8775560; United States official number 1257224). (b) Termination of Effectiveness of Endorsement.— The coastwise endorsement authorized under subsection (a) for the vessel Oliver Hazard Perry (IMO number 8775560; United States official number 1257224) shall expire on the first date on which any of the following occurs: (1) The vessel is sold to a person, including an entity, that is not related by ownership or control to the person, including an entity, that owned the vessel on the date of the enactment of this Act. (2) The vessel is rebuilt and not rebuilt in the United States (as defined in section 12101(a) of title 46, United States Code). (3) The vessel is no longer operating in primary service as a sailing school vessel. SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR CERTAIN PURPOSES.   The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations. SEC. 8437. ANCHORAGES. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall suspend the establishment of new anchorage grounds on the Hudson River between Yonkers, New York, and Kingston, New York, under section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter 700 of title 46, United States Code. (b) Restriction.— The Commandant may not establish or expand any anchorage grounds outside of the reach on the Hudson River described in subsection (a) without first providing notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days prior to the establishment or expansion of any such anchorage grounds. (c) Savings Clause.— Nothing in this section— (1) prevents the master or pilot of a vessel operating on the reach of the Hudson River described in subsection (a) from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property; or (2) shall be construed as limiting the authority of the Secretary of the department in which the Coast Guard is operating to exercise authority over the movement of a vessel under section 70002 of title 46, United States Code, or any other applicable laws or regulations governing the safe navigation of a vessel. (d) Study.— The Commandant of the Coast Guard, in consultation with the Hudson River Safety, Navigation, and Operations Committee, shall conduct a study of the Hudson River north of Tarrytown, New York to examine— (1) the nature of vessel traffic including vessel types, sizes, cargoes, and frequency of transits; (2) the risks and benefits of historic practices for commercial vessels anchoring; and (3) the risks and benefits of establishing anchorage grounds on the Hudson River. (e) Report.— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (d). SEC. 8438. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD STATIONS IN WASHINGTON AND OREGON. (a) Study.— (1) In general.— The Comptroller General of the United States shall conduct a study that examines the potential use, in the event of a Cascadia subduction zone event, of a vertical evacuation of Coast Guard personnel stationed at United States Coast Guard Station Grays Harbor and Sector Field Office Port Angeles, Washington, and at United States Coast Guard Station Yaquina Bay and United States Coast Guard Motor Lifeboat Station Coos Bay, Oregon, and the dependents of such Coast Guard personnel housed in Coast Guard housing. (2) Elements.— The study required under paragraph (1) shall analyze the following: (A) The number of such personnel and dependents to be evacuated. (B) The resources available to conduct an evacuation, and the feasibility of a successful evacuation in a case in which inundation maps and timelines are available. (C) With the resources available, the amount of time needed to evacuate such personnel and dependents. (D) Any resource that is otherwise available within a reasonable walking distance to the Coast Guard facilities listed in paragraph (1). (E) The benefit to the surrounding community of such a vertical evacuation. (F) The interoperability of the tsunami warning system with the Coast Guard communication systems at the Coast Guard facilities listed in paragraph (1). (G) Current interagency coordination and communication policies in place for emergency responders to address a Cascadia subduction zone event. (b) Report.— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under subsection (a). SEC. 8439. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD MUSEUM ASSOCIATION. (a) In General.— Section 316 of title 14, United States Code, is amended to read as follows: “§ 316. National Coast Guard Museum “(a) Establishment.— The Commandant may establish, accept, operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut. “(b) Use of Funds.— “(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section. “(2) Subject to the availability of appropriations, the Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a Museum. “(3) The priority for the use of funds appropriated to the Coast Guard shall be to preserve, protect, and display historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included. “(c) Funding Plan.— Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection (f), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such Museum, including— “(1) estimated planning, engineering, design, construction, operation, and maintenance costs; “(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; “(3) an explanation of any environmental remediation issues related to the land associated with the Museum; and “(4) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic. “(d) Construction.— “(1) The Association may construct the Museum described in subsection (a). “(2) The Museum shall be designed and constructed in compliance with the International Building Code 2018, and construction performed on Federal land under this section shall be exempt from State and local requirements for building or demolition permits. “(e) Agreements.— Under such terms and conditions as the Commandant considers appropriate, notwithstanding section 504, and until the Commandant accepts the Museum under subsection (f), the Commandant may— “(1) license Federal land to the Association for the purpose of constructing the Museum described in subsection (a); and “(2) (A) at a nominal charge, lease the Museum from the Association for activities and operations related to the Museum; and “(B) authorize the Association to generate revenue from the use of the Museum. “(f) Acceptance.— Not earlier than 90 days after the Commandant submits the plan under subsection (c), the Commandant shall accept the Museum from the Association and all right, title, and interest in and to the Museum shall vest in the United States when— “(1) the Association demonstrates, in a manner acceptable to the Commandant, that the Museum meets the design and construction requirements of subsection (d); and “(2) all financial obligations of the Association incident to the National Coast Guard Museum have been satisfied. “(g) Services.— The Commandant may solicit from the Association and accept services from nonprofit entities, including services related to activities for construction of the Museum. “(h) Authority.— The Commandant may not establish a Museum except as set forth in this section. “(i) Definitions.— In this section: “(1) Museum.— The term ‘Museum’ means the National Coast Guard Museum. “(2) Association.— The term ‘Association’ means the National Coast Guard Museum Association.” . (b) Briefings.— Not later than March 1 of the fiscal year after the fiscal year in which the report required under subsection (d) of section 316 of title 14, United States Code, is provided, and not later than March 1 of each year thereafter until 1 year after the year in which the National Coast Guard Museum is accepted pursuant to subsection (f) of such section, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the following issues with respect to the Museum: (1) The acceptance of gifts. (2) Engineering. (3) Design and project status. (4) Land ownership. (5) Environmental remediation. (6) Operation and support issues. (7) Plans. SEC. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS. (a) Maintenance and Placement of Video Surveillance Equipment.— Section 3507(b)(1) of title 46, United States Code, is amended— (1) by striking “The owner” and inserting the following: “(A) In general.— The owner” ; (2) by striking “, as determined by the Secretary”; and (3) by adding at the end, the following: “(B) Placement of video surveillance equipment.— “(i) In general.— Not later than 18 months after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant, shall establish guidance for performance of the risk assessment described in paragraph (2) regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy. “(ii) Risk assessment.— Not later than 1 year after the Commandant establishes the guidance described in paragraph (1), the owner shall conduct the risk assessment required under paragraph (1) and shall— “(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations; “(II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment; “(III) arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior; and “(IV) the independent third party referred to in paragraph (C) shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as ‘IACS’) or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b). “(C) Surveillance plan.— Not later than 180 days after completion of the risk assessment conducted under subparagraph (B)(ii), the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph (B)(ii), except in areas where a person has a reasonable expectation of privacy. Evaluation. Approval. Such plan shall be evaluated and approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior that has been accepted as set forth in paragraph (2)(D). “(D) Installation.— The owner of a vessel to which this section applies shall, consistent with the surveillance plan approved under subparagraph (C), install appropriate video surveillance equipment aboard the vessel not later than 2 years after approval of the plan, or during the next scheduled drydock, whichever is later. “(E) Attestation.— At the time of initial installation under subparagraph (D), the vessel owner shall obtain written attestations from— “(i) an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and “(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter. “(F) Updates.— The vessel owner shall ensure the risk assessment described in subparagraph (B)(ii) and installation plan in subparagraph (C) are updated not later than 5 years after the initial installation conducted under subparagraph (D), and every 5 years thereafter. Approval. The updated assessment and plan shall be approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent, and record criminal behavior that has been accepted by an IACS classification society. The vessel owner shall implement the updated installation plan not later than 180 days after approval. “(G) Availability.— Each risk assessment, installation plan and attestation shall be protected from disclosure under the Freedom of Information Act, section 552 of title 5 but shall be available to the Coast Guard— “(i) upon request, and “(ii) at the time of the certificate of compliance or certificate of inspection examination. “(H) Definitions.— For purposes of this section a ‘ship security officer’ is an individual that, with the master’s approval, has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code.” . (b) Access to Video Records; Notice of Video Surveillance.— Section 3507(b) of title 46, United States Code, is further amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: “(2) Notice of video surveillance.— The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment.” ; (3) in paragraph (3), as so redesignated— (A) by striking “The owner” and inserting the following: “(A) Law enforcement.— The owner” ; and (B) by adding at the end the following: “(B) Civil actions.— Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video surveillance— “(i) in which the individual is a subject of the video surveillance; and “(ii) that may provide evidence of any sexual assault incident in a civil action. “(C) Limited access.— The owner of a vessel to which this section applies shall ensure that access to records of video surveillance is limited to the purposes described in this paragraph.” . (c) Retention Requirements.— (1) In general.— Section 3507(b) of title 46, United States Code, is further amended by adding at the end the following: “(4) Retention requirements.— The owner of a vessel to which this section applies shall retain all records of video surveillance for not less than 20 days after the footage is obtained. The vessel owner shall include a statement in the security guide required by subsection (c)(1)(A) that the vessel owner is required by law to retain video surveillance footage for the period specified in this paragraph. Determination. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— “(A) be provided to the Federal Bureau of Investigation; and “(B) be preserved by the vessel owner for not less than 4 years from the date of the alleged incident.” . (2) Administrative provisions.— (A) Study and report.— Each owner of a vessel to which section 3507 of title 46, United States Code, applies shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer. (B) Interim standards.— Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. (C) Final standards.— Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. (D) Considerations.— In promulgating standards under subparagraphs (B) and (B), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including the results of the report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. SEC. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS. (a) In General.— Section 3306 of title 46, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “, including covered small passenger vessels (as defined in subsection (n)(5))” after “vessels subject to inspection”; and (B) in paragraph (5), by inserting before the period at the end “, including rechargeable devices utilized for personal or commercial electronic equipment”; and (2) by adding at the end the following: “(n) Covered Small Passenger Vessels.— “(1) Regulations.— The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels. “(2) Comprehensive review.— In order to prescribe the regulations under paragraph (1), the Secretary shall conduct a comprehensive review of all requirements (including calculations), in existence on the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, that apply to covered small passenger vessels, with respect to fire detection, protection, and suppression systems, and avenues of egress, on board such vessels. “(3) Requirements.— “(A) In general.— Subject to subparagraph (B), the regulations prescribed under paragraph (1) shall include, with respect to covered small passenger vessels, regulations for— “(i) marine firefighting training programs to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur for all members on the crew— “(I) at least monthly while such members are employed on board the vessel; and “(II) each time a new crewmember joins the crew of such vessel; “(ii) in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges— “(I) interconnected fire detection equipment, including audible and visual alarms; and “(II) additional fire extinguishers and other firefighting equipment; “(iii) the installation and use of monitoring devices to ensure the wakefulness of the required night watch; “(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas with other potential heat sources; “(v) all general areas accessible to passengers to have no less than 2 independent avenues of escape that are— “(I) constructed and arranged to allow for free and unobstructed egress from such areas; “(II) located so that if one avenue of escape is not available, another avenue of escape is available; and “(III) not located directly above, or dependent on, a berth; “(vi) the handling, storage, and operation of flammable items, such as rechargeable batteries, including lithium ion batteries utilized for commercial purposes on board such vessels; “(vii) passenger emergency egress drills for all areas on the vessel to which passengers have access, which shall occur prior to the vessel beginning each excursion; and “(viii) all passengers to be provided a copy of the emergency egress plan for the vessel. “(B) Applicability to certain covered small passenger vessels.— The requirements described in clauses (iii), (v), (vii), and (viii) of subparagraph (A) shall only apply to a covered small passenger vessel that has overnight passenger accommodations. “(4) Interim requirements.— “(A) Interim requirements.— The Secretary shall, prior to issuing final regulations under paragraph (1), implement interim requirements to enforce the requirements under paragraph (3). “(B) Implementation.— The Secretary shall implement the interim requirements under subparagraph (A) without regard to chapters 5 and 6 of title 5 and Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 note; relating to regulatory planning and review and relating to improving regulation and regulatory review). “(5) Definition of covered small passenger vessel.— In this subsection, the term ‘covered small passenger vessel’— “(A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that— “(i) has overnight passenger accommodations; or “(ii) is operating on a coastwise or oceans route; and “(B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).” . (b) Section 3202.— Section 3202(b) of title 46, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking “This chapter” and inserting the following: “(1) In general.— This chapter” ; and (3) by adding at the end the following: “(2) Safety management system.— Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).” . (c) Section 3203.— Section 3203(a) of title 46, United States Code, is amended by inserting “(including, for purposes of this section, all covered small passenger vessels, as defined in section 3306(n)(5))” after “vessels to which this chapter applies”.

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