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United States · Bill · HR

H.R. 39 (104th)

Fishery Conservation and Management Amendments of 1995

referredUnited States· United States Congress· EN

Introduced

4 January 1995

Last action

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Status

Received in the Senate and read twice and referred to the Committee on Commerce.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Fishery Conservation and Management Amendments of 1995 - Amends the Magnuson Fishery Conservation and Management Act to make it U.S. policy to encourage development of practical measures that minimize bycatch. (Sec. 5) Authorizes the Secretary of Commerce to issue transshipment permits to foreign vessels engaged in fishing consisting solely of transporting fish products at sea from a point within the boundaries of any State or the exclusive economic zone to a point outside the United States to any approved applicant who pays a certain fee. Declares that the Congress finds that sufficient U.S. harvesting capacity exists and will continue to exist at least through 1999 in the Atlantic herring and Atlantic mackerel fisheries so that no surplus exists in those fisheries under the United Nations Convention on the Law of the Sea. Prohibits any allocation of such herring or mackerel before March 17, 1999. Extends the period for congressional review of a governing international fishing agreement from 60 calendar days of continuous session of the Congress to 120 calendar days (excluding any days in a period for which the Congress is adjourned sine die) after the date the President transmits it to the Congress. (Sec. 6) Requires the Secretary to submit to specified congressional committees an annual list of nations that authorize large-scale drift net fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of, or is inconsistent with, any international agreement governing large-scale driftnet fishing to which the United States is a party. (Sec. 7) Sets as a national standard for fishery management plans that fishery conservation and management measures, to the extent practicable, minimize bycatch. (Sec. 8) Revises provisions governing the operations of the Regional Fishery Management Councils (Council), including: (1) Council notification of any State or Federal agency whose activities may have a detrimental effect on an essential fishery habitat; and (2) rules prohibiting voting by any Council member on a matter involving a financial conflict-of-interest. (Sec. 9) Revises mandatory contents of fishery management plans with respect to essential fishery habitat, overfishing, and minimized bycatch, as well as discretionary contents on the effect of conservation and management measures on stocks of non-fishery fish in the fishery ecosystem and on reservation of part of the total allowable catch for fishery dependent communities. (Sec. 10) Requires the Secretary to establish a plan development team for each highly migratory species fishery to advise the Secretary on and participate in the development of each fishery management plan or amendment. Makes permanent the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery. Requires the Secretary to identify the essential fishery habitat for each fishery that has a fishery management plan. Requires the Secretary at any time that overfishing is found to be occurring in any fishery to: (1) immediately notify the appropriate Council; (2) request that action be taken to halt the overfishing; and (3) establish a program to rebuild the fishery in a reasonable time. Requires the Secretary, after receiving a covered implementing regulation from a Council, to immediately: (1) review the regulation to determine whether it is consistent with the fishery management plan, the national standards, this Act, and any other applicable law; and (2) publish it in the Federal Register and provide a 30-day period for public comments. Requires the Secretary to provide the Council an explanation of his or her decision on whether to publish a final regulation. (Sec. 11) Increases from 90 days to 180 days (with one additional 180 day period) the time period that emergency regulations which change any existing fishery management plan or amendment shall remain in effect. Authorizes the Secretary to promulgate such regulations to protect the public health. (Sec. 12) Authorizes a foreign fishing vessel to engage in fish processing within the internal waters of a State if, among other things, the owner or operator of the vessel submits to the appropriate Council periodic reports on the tonnage of fish received from U.S. vessels and the locations from which such fish were harvested. (Sec. 13) Makes it unlawful for any person to knowingly and willfully fail to disclose or to falsely disclose any financial interest or to knowingly violate a rule under this Act as a member of the Council. Makes it unlawful for foreign vessels to engage in fishing consisting of transporting fish products from a point within the boundaries of a State or the exclusive economic zone or the special areas unless specifically authorized. (Sec. 14) Requires the North Pacific Fishery Management Council to recommend for each fishery management plan conservation and management measures, including incentives, to: (1) reduce bycatch in each fishery; and (2) ensure total catch measurement in such fishery. (Sec. 15) Prohibits an observer that is ill, disabled, injured, or killed from service on a vessel from bringing a civil action against the vessel owner, except in cases of the owner's willful misconduct. Declares that such prohibition shall not apply if the observer is engaged by the vessel owner to perform any duties in service to the vessel. (Sec. 16) Authorizes appropriations.

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11 official files

Referred in Senate (text)

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