Magnuson Fishery Conservation and Management Act Amendments of 1982

Summary

Magnuson Fishery Conservation and Management Act Amendments of 1982 - Amends the Magnuson Fishery Conservation and Management Act to authorize the Secretary of State and the Secretary of Commerce to reduce a foreign country's fishing allocation in the U.S. fishery conservation zone (zone) for inadequate compliance with related fishing agreements. Permits such reduction to be reallocated to another foreign country. Requires a foreign fishing permit to list the ship's hold capacity. Requires the Secretary of State to transmit permit applications to appropriate Councils only upon request. Authorizes (presently requires) a Council to submit written comments regarding such application. Authorizes foreign recreational fishing within the zone and within the waters of a State's boundaries, subject to regulation by the Secretary of Commerce and the Governor of the State. States that the Secretary's guidelines for fishery management shall be advisory and not require mandatory compliance. Revises the composition of the Western Pacific Fishery Management Council to: (1) include the Northern Mariana Islands; and (2) enlarge the voting membership from 11 to 13. States that the members of each Council required to be appointed by the Secretary shall be appointed from a list submitted by the Governor of each constituent State. Authorizes the Secretary to remove such a member if the Council so recommends. Requires each Council to determine whether each fishery within its jurisdiction needs a fishery management plan, and to submit a justification of its determination to the Secretary. Makes such determination effective unless disapproved by the Secretary within 45 days. Sets forth specified discretionary Council functions. Excludes the Councils from the provisions of the Federal Advisory Committee Act. Sets forth public participation procedures to be adopted by the Councils. Authorizes the Councils to include a vessel "buy-back" program in the limited access system of its fishery management plan. Requires inclusion of proposed regulations in any fishery management plan submitted to the Secretary. Authorizes the Councils to request that the Secretary implement a data collection program to aid in developing a fishery management plan. Consolidates provisions regarding the Secretary's review of a proposed fishery management plan. Reduces the public comment period from 45 to 30 days. Eliminates the existing hearing provision. Authorizes the Councils to initiate emergency action by either requesting or requiring the Secretary to promulgate appropriate regulations. Lengthens the duration of emergency regulations from 45 to 90 days. States that for purposes of such Act a State's jurisdiction shall extend to any pocket of waters adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States. Eliminates the one-year imprisonment for owners or operators of non-U.S. vessels illegally fishing in a fishery conservation zone. Authorizes "fair market value" payments in lieu of forfeiture of fish actually caught as a penalty for illegal fishing. Eliminates the Councils' annual reporting requirement. Redefines "vessel of the United States" to mean a vessel: (1) documented under U.S. law; or (2) numbered in accordance with the Federal Boat Safety Act of 1971 and measuring less than five net tons.

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 10 August 1982

  Open at official source

• Introduced in Senate

  summary · EN · 28 April 1982

  Open at official source

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