Regulations. Federal publication. 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.". AUTHORIZATION OF APPROPRIATIONS SEC. 119. 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.". MISCELLANEOUS TECHNICAL AMENDMENTS SEC. 120. (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". TITLE II-ATLANTIC TUNAS CONVENTION ACT OF 1975 LIMITATIONS ON APPOINTMENTS OF COMMISSIONERS SEC. 201. (a) IN GENERAL.-Section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)) is amended— (1) by inserting "(1)" immediately after "(a)"; and (2) by adding at the end the following: "(2) of the Commissioners appointed under paragraph (1) who are not governmental employees "(A) one shall be appointed from among individuals with knowledge and experience regarding commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and 16 USC 971a note. 16 USC 971a note. President. "(B) one shall be appointed from among individuals with knowledge and experience regarding recreational fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea. "(3)(A) The term of a Commissioner shall be three years. “(B) An individual appointed in accordance with paragraph (2) shall not be eligible to serve more than two consecutive terms as a Commissioner.". (b) APPLICATION TO CURRENT COMMISSIONERS.-(1) Paragraph (2) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, shall not apply to reappointment of an individual as a United States Commissioner of the International Commission for the Conservation of Atlantic Tunas (hereinafter in this title referred to as a "Commissioner") if that individual is serving in that position on the date of enactment of this Act. (2) An individual serving a term as a Commissioner on the date of enactment of this Act shall not, by reason of that term of service, be ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, for reappointment as a Commissioner. TERMINATION OF CURRENT TERMS AND COMPLETION OF PENDING SEC. 202. The term as Commissioner of each individual serving in that position on the date of enactment of this Act shall terminate March 1, 1991. Not later than that date, the President shall complete appointment (or reappointment) of individuals to serve as Commissioners on and after that date. TRAVEL EXPENSES OF COMMISSIONERS SEC. 203. Section 3 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a) is amended by adding at the end the following new subsection: "(d)(1) The Secretary of State shall pay the necessary travel expenses of United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. "(2) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.". TRAVEL EXPENSES OF ADVISORY COMMITTEE SEC. 204. Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) is amended by striking "On approval" and all that follows and inserting in lieu thereof the following: "The Secretary and the Secretary of State may pay the necessary travel expenses of members of the advisory committee in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.". SPECIES WORKING GROUPS SEC. 205. The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is amended by inserting immediately after section 4 the following new section: "SPECIES WORKING GROUPS "SEC. 4A. The United States Commissioners may establish species 16 USC 971b-1. working groups for the purpose of providing advice and recommendations to the Commissioners and the advisory committee on matters relating to the conservation and management of any highly migratory species covered by the Convention. Any species working group shall consist of no more than seven members of the advisory committee and no more than four scientific or technical personnel, as considered necessary by the Commissioner.". REGULATIONS TO CARRY OUT COMMISSION RECOMMENDATIONS SEC. 206. (a) Section 6(c)(1) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(1)) is amended by redesignating the existing text as subparagraph (A) and by adding at the end the following new subparagraphs: "(B) Not later than June 30, 1991, the Secretary shall promulgate Regulations. any additional regulations necessary to ensure that the United States is in full compliance with all recommendations made by the Commission that have been accepted by the United States and with other agreements under the Convention between the United States and any nation which is a party to the Convention. "(C) Regulations promulgated under this paragraph shall, to the extent practicable, be consistent with fishery management plans prepared and implemented under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).". (b) Section 6(c)(3) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(3)) is amended (1) in subparagraph (H) by striking "; and" and inserting in lieu thereof a semicolon; and (2) by striking subparagraph (I) and inserting in lieu thereof the following: "(I) require any commercial or recreational fisherman to obtain a permit from the Secretary and report the quantity of the catch of a regulated species; "(J) require that observers be carried aboard fishing vessels for the purpose of providing statistically reliable scientific data; and "(K) impose such other requirements and provide for such other measures as the Secretary may determine necessary to implement any recommendation of the Convention or to obtain scientific data necessary to accomplish the purpose of the Convention; except that no regulation promulgated under this section may have the effect of increasing or decreasing any allocation or quota of fish to the United States agreed to pursuant to a recommendation of the Commission.". RECOMMENDED COMMISSION ACTIONS REGARDING LARGE-SCALE SEC. 207. Section 6(d) of the Altantic Tunas Convention Act of 1975 (16 U.S.C. 971d(d)) is amended to read as follows: "(d)(1) It is the sense of the Congress that the Secretary, in consultation with the Secretary of State, should seek support for a recommendation by the Commission to ban large-scale driftnet fish ing (as that term is defined in section 3(16) of the Magnuson Fishery Conservation and Management Act) in the Convention area. "(2) The Secretary, in consultation with the Secretary of State, shall request the Commission to adopt recommendations necessary for the conservation and management of Atlantic swordfish. In making the request, the Secretary shall seek the establishment of an international minimum harvest size and a reduction in harvest levels to the extent necessary to conserve the stock. Until the Commission adopts all the conservation and management measures requested by the Secretary, the Secretary, within 3 months after each annual meeting of the Commission, shall notify Congress as to the nature and results of his request. These notifications shall identify those nations not acting to conserve and manage Atlantic swordfish, and recommend measures which could be taken to achieve effective international conservation and management of the stock.". AUTHORIZATION OF APPROPRIATIONS SEC. 208. Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971h) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 10. There are authorized to be appropriated to carry out this Act, including use for payment of the United States share of the joint expenses of the Commission as provided in article X of the Convention, not more than $2,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, and 1993.". TITLE III-FISHERMEN'S PROTECTIVE ACT OF 1967 VESSEL SEIZURE REIMBURSEMENT AUTHORITY SEC. 301. Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by striking "October 1, 1989" and inserting in lieu thereof "October 1, 1993". TITLE IV-ANADROMOUS FISH CONSERVATION ACT AUTHORIZATION OF APPROPRIATIONS SEC. 401. Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended (1) by striking paragraphs (1), (2), (3), (4), (5), and (6); (2) by redesignating paragraph (7) as paragraph (1); and "(2) $8,000,000 for each of the fiscal years 1990, 1991, 1992, 1993, 1994, and 1995.". TITLE V-INTERJURISDICTIONAL FISHERIES ACT OF 1986 CLARIFICATION OF APPORTIONMENT LIMITATION SEC. 501. Section 304(c)(3)(B) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4103(c)(3)(B)) is amended by inserting "which are managed under an interstate fishery management plan" immediately after "fishery resources". |