Amends the Magnuson Fishery Conservation and Management Act (Magnuson Act) to remove from provisions specifying the total allowable level of foreign fishing references to the annual fishing level for the harvesting season. Makes changes to provisions regulating: (1) the procedure for processing applications for permits under governing international fishery agreements; and (2) the imposition and disposition of permit fees.
Allows Fishery Management Council staff members to be reimbursed for actual expenses.
Requires fishery management plans to specify the pertinent data that must be submitted with respect to foreign fishing. Removes provisions prohibiting certain fees paid by fishing vessels of the United States for certain fishing permits from exceeding the administrative costs incurred in issuing the permits.
Requires an application by a foreign fishing vessel to engage in fish processing within the internal waters of a State to specify the species to be processed. Requires the Governor of a State to consult with the appropriate Regional Fishery Management Council on specified matters before granting permission for a foreign vessel to engage in processing within State waters.
Makes it unlawful for any person to forcibly assault, resist, oppose, impede, intimidate, or interfere with any observer on board a vessel under the Magnuson Act. Includes such acts in the list of acts constituting criminal offenses under the Act. Increases the maximum civil penalties for violations of the Act.
Allows the Secretary of the Treasury to pay, from sums received as fines, penalties, or forfeitures for violations of the Magnuson Act: (1) claims of parties in interest to property disposed of under specified provisions of Federal customs law; and (2) reimbursement to any Federal or State agency for services performed, or personnel, equipment, or facilities utilized under any agreement with the Secretary of Commerce under enforcement provisions of the Act.
Authorizes appropriations to carry out the Magnuson Act for FY 1990 through 1992.
HR 3103 IH 101st CONGRESS 1st Session H. R. 3103 To amend the Magnuson Fishery Conservation and Management Act, as amended, to authorize appropriations for fiscal years 1990, 1991, and 1992 and for other purposes. IN THE HOUSE OF REPRESENTATIVES August 3, 1989 Mr. DAVIS (by request) introduced the following bill; which was referred to the Committee on Merchant Marines and Fisheries A BILL To amend the Magnuson Fishery Conservation and Management Act, as amended, to authorize appropriations for fiscal years 1990, 1991, and 1992 and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Magnuson Fishery Conservation and Management Act, as amended (16 U.S.C. secs. 1801-1882), is further amended as follows: SECTION 1. Section 201 of the Act (16 U.S.C. 1821) is amended by revising subsection (d) 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 the provisions of this Act.'. SEC. 2. Section 204(b) of the Act (16 U.S.C. 1824(b)) is amended-- (a) by inserting in paragraph 4(C) immediately after the word `application' the phrase `, other than an application relating to transferring, transporting, supplying, or storing,'; (b) by striking out paragraph (10)(A) and inserting in lieu thereof the following new subparagraph (A): `(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.'; (c) by striking out paragraphs (10)(B), (C), (D) and (E) in their entirety; (d) by redesignating paragraph (10)(F) as paragraph (10)(B); and (e) by amending paragraph (B), as so redesignated, to read as follows: `(B) The amounts collected by the Secretary under this paragraph shall be deposited in the General Fund of the United States Treasury.'. SEC. 3. Section 302(d) of the Act (16 U.S.C. 1852(d)) is amended by inserting the phrase `and Council staff members' immediately after the phrase `other nonvoting members' where it appears in the second sentence. SEC. 4. Section 303(a) of the Act (16 U.S.C. 1853(a)) is amended-- (a) by redesignating paragraphs (6) and (7) as (7) and (8), respectively; and (b) by adding the following new paragraph (6): `(6) specify the pertinent data that shall be submitted to the Secretary with respect to foreign fishing, including, but not limited to, foreign catch by species, in numbers of fish or weight thereof, areas in which fishing was engaged, and quantities of United States harvested fish received at sea.'. SEC. 5. Section 304 of the Act (16 U.S.C. 1854) is amended by striking out the last sentence of subsection (d) in its entirety. SEC. 6. Section 306(c) of the Act (16 U.S.C. 1856(c)) is amended-- (a) by adding at the end of paragraph (1)(B) the following new sentence: `An application to engage in processing within the internal waters of a State must specify the species to be processed.'; and (b) by inserting immediately after the phrase `paragraph (1)(B)' where it appears in paragraph (2) the following: `(1) unless he consults with the appropriate Regional Fishery Management Council established under section 302 of this Act with respect to the fishery. Such consultation shall address: (a) the capacity for and utilization of the species by all domestic processors utilizing fish taken in the fishery; (b) the portion of the domestic annual harvest of the species which may be made available to the vessel by the Governor; and (c) reporting and logkeeping requirements to be undertaken by the foreign vessel; and (2)'. SEC. 7. Section 307(a) of the Act (16 U.S.C. 1857(1)) is amended-- (a) by striking out the word `or' at the end of subparagraph (H); (b) by striking out the period at the end of subparagraph (I) and inserting in lieu thereof `; or'; and (c) by adding at the end thereof the following new subparagraph (J): `(J) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any observer (including any supplementary observer) on board a vessel pursuant to this Act.'. SEC. 8. Section 308(a) of the Act (16 U.S.C. 1858(a)) is amended by striking out `$25,000' in the second sentence where it appears and inserting in lieu thereof `$100,000'. SEC. 9. Section 309(a)(1) of the Act (16 U.S.C. 1859(a)(1)) is amended to read as follows: `(1) section 307(1) (D), (E), (F), (H), (I), or (J) of this title; or'. SEC. 10. Section 311(e) of the Act (16 U.S.C. 1861(e)) is amended-- (a) by striking out the word `and' at the end of subparagraph (1); (b) by striking out the period at the end of subparagraph (2) and inserting in lieu thereof `;'; (c) by adding immediately after paragraph (2) the following new paragraphs: `(3) claims of parties in interest to property disposed of under 19 U.S.C. 1612(b), as made applicable by section 310(c) to seizures under this Act, in the amounts determined by the Secretary as applicable to such claims at the time of seizure; and `(4) reimbursement to any Federal or State agency, at the discretion of the Secretary, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a) of this section.'. SEC. 11. Section 406 of the Act (16 U.S.C. 1882) is amended by adding at the end thereof the following new subsection: `(16) $55,930,000 for fiscal year 1990, and such sums as may be necessary for fiscal years 1991 and 1992.'.
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Executive Comment Requested from Commerce and State.
Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Some Provisions Incorporated in H.R.2061
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