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United States · Law · S

S. 39 (104th)

Sustainable Fisheries Act

enactedUnited States· United States Congress· EN

Introduced

4 January 1995

Last action

—

Status

Became Public Law No: 104-297.

Sponsors

—

Subjects

Discovery layer

Source updated

7 April 2025

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Summary

TABLE OF CONTENTS: Title I: Conservation and Management Title II: Fishery Monitoring and Research Title III: Fisheries Stock Recovery Financing Sustainable Fisheries Act - Title I: Conservation and Management - Amends the Magnuson Fishery Conservation and Management Act to include among its purposes the advocacy of fishery habitat protection. (Sec. 104) Authorizes appropriations for FY 1993 through 1999 to carry out such Act. (Sec. 107) Revises the guidelines governing permits for foreign fishing vessels. (Sec. 108) Repeals the large-scale driftnet fishing reporting requirements. (Sec. 109) Modifies the national standards for fishery conservation and management to include the mandate that conservation and management measures minimize the incidental catch of non-target living marine resources. (Sec. 110) Expands the number of voting members on the Pacific Fishery Management Council to include one appointed from an Indian tribe with federally recognized fishing rights from a member State. Prescribes selection guidelines for such Indian representative. Authorizes each Regional Fishery Management Council to establish a negotiation panel to assist in the development of specific conservation and management measures for a fishery. (Sec. 111) Modifies the guidelines governing the contents of fishery management plans to include: (1) protection of essential fish habitat; (2) prevention of overfishing; (3) assessment of the level of bycatch; and (4) minimization of mortality caused by discards. Requires the Secretary of Commerce to establish guidelines for individual transferable quotas systems. (Sec. 112) Revises actions by the Secretary after receipt of a fishery management plan. Requires the Secretary to establish the level of fees for fishing vessel permits. (Sec. 113) Requires the Secretary to report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area and identify those fisheries that are approaching a condition of being overfished or are overfished. Requires the appropriate Council to prepare a fishery management plan to prevent or stop overfishing. (Sec. 114) Modifies provisions concerning: (1) State jurisdiction; (2) prohibited acts; (3) civil penalties and permit sanctions; and (4) enforcement. (Sec. 118) Requires the North Pacific Fishery Management Council to include in each fishery management plan conservation and management measures, including fees or other incentives, to reduce bycatch. (Sec. 119) Grants the Secretary discretionary authority to work with interested parties to develop a sustainable development strategy for any fishery classified as overfished or determined to be a commercial fishery failure. Establishes an Ocean Conservation Trust Fund to carry out this section. Authorizes appropriations for FY 1995 through 1999 for fishery resource disasters, if such funds are designated by the Congress as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title II: Fishery Monitoring and Research - Directs the Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, to develop recommendations for implementation of a standardized fishing vessel registration and data management system on a national or regional basis. Requires a report to the Congress on the need to include private recreational fishing vessels used exclusively for pleasure into such system. (Sec. 203) Provides for a Council to implement a data collection program specific to the needs of a fishery management plan. (Sec. 204) Directs the Secretary to issue guidelines for the carrying of observers on fishing vessels. (Sec. 205) Directs the Secretary to publish, every three years after enactment of this Act, a strategic plan for fisheries research for the five years immediately following such publication. (Sec. 206) Requires the Secretary to report to specified congressional committees on programs that assess the impact on fishery resources of incidental harvest by shrimp trawl fisheries. Title III: Fisheries Stock Recovery Financing - Fisheries Stock Recovery Financing Act - Amends the Merchant Marine Act, 1936 to authorize guarantees for refinancing fishery stock recovery efforts. (Sec. 303) Requires the financing of fishing vessels and fishery facilities through the Federal Financing Bank, unless placement through such bank is not reasonably available or placement elsewhere is available at lower financing. (Sec. 304) Modifies provisions for fees for guaranteeing obligations with respect to fishing vessels and fishing facilities.

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