Fishery Conservation Amendments of 1989

Fishery Conservation Amendments of 1989 - Amends provisions of the Magnuson Fishery Conservation and Management Act (Magnuson Act) relating to determination of the total allowable level of foreign fishing in a fishery subject to the exclusive fishery management authority of the United States to remove references to involvement in that determination of fishery management councils and the Secretary of State.

Replaces provisions controlling the setting by the Secretary of Commerce of fees for foreign fishing permits with provisions requiring that the Secretary set reasonable fees.

Directs the Secretary of State to begin negotiations to secure international agreement to a moratorium on driftnet fishing beyond the exclusive economic zone of any nation until it is agreed that the adverse effects of such fishing can be prevented and certain goals ensured. Directs the Secretary, if the Secretary identifies any nation that conducts, or authorizes its nationals to conduct, driftnet fishing inconsistent with a multilateral agreement, to certify that fact to the President. Deems the certification to be a certification for purposes of provisions of the Fishermen's Protective Act of 1967 relating to restrictions on the importation of fishery or wildlife products.

Allows staff members of Regional Fishery Management Councils to be reimbursed for expenses. Declares that decisions and recommendations made by scientific and statistical committees of Councils are advisory in nature. Requires a Federal agency responding to a comment or recommendation by a Council, if it concerns anadromous fishery habitats, to include a description of mitigating or offsetting measures being considered. Changes requirements regarding Councils with respect to: (1) closed meetings; (2) participation by members of the public in certain processes; and (3) presentation of false information to Councils.

Changes, with regard to fishery management plans: (1) the required and discretionary contents; and (2) requirements regarding the confidentiality of statistics.

Adds to the list of prohibited acts: (1) knowingly stealing, removing, damaging, or tampering with fishing gear or fish in fishing gear; (2) forcibly assaulting, resisting, intimidating, or taking other similar actions with regard to any observer on board a vessel under the Magnuson Act; and (3) engaging in driftnet fishing.

Makes it a prohibited act under the Magnuson Act to fish in the waters of a foreign nation in violation of an international fishery agreement.

Increases the maximum monetary civil penalty for committing a prohibited act. Allows the Secretary, in connection with the commission of a prohibited act, to revoke, suspend, or deny a permit, or to impose additional conditions and restrictions on a permit. Provides for other matters relating to permit sanctions.

Adds such assaulting or intimidating of an observer to the list of criminal offenses under the Magnuson Act. Increases the maximum criminal fines and includes references relating to observers in punishment provisions.

Creates a rebuttable presumption that any fish of certain types of species that is found on a vessel is of U.S. origin if certain conditions are met.

Allows the Secretary of Commerce or the Secretary of the Treasury, for certain purposes, to make payments from sums received as fines, penalties, or forfeitures for violations of any fishery resource law enforced by the Secretary, including the Lacy Act Amendments of 1981. (Current law authorizes payments from sums received for violations of the Magnuson Act.) Changes the list of acceptable purposes.

Authorizes appropriations to carry out the Magnuson Act.

Prohibits an observer on a vessel under the Magnuson Act who is ill, disabled, injured, or killed from service as an observer from bringing a civil action under any U.S. law against the vessel or its owner, subject to exception. Prohibits requiring a vessel to carry an observer if its facilities are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized.

Directs the Secretary of Commerce to report to specified congressional committees on the status of the National Marine Fisheries Service facilities located in Kodiak, Alaska.

Sets forth the sense of the Congress that the North Pacific Fishery Management Council should include in fishery management plans such measures as necessary to meet the economic needs of all individuals and communities dependent on the living marine resources in the exclusive economic zone of Alaska.

Authorizes the North Pacific Fishery Management Council to submit a fisheries research plan which: (1) requires observers on vessels to collect fisheries conservation and management data; and (2) establishes fees to pay plan costs. Sets forth plan requirements and authorizes appropriations.

Requires, notwithstanding any other provision of law, that the conservation and management measures governing the groundfish fisheries under the authority of the North Pacific Fishery Management Council include specified measures. Allows the Council and other Councils to recommend, and the Secretary of Commerce to approve, other specified and analogous measures. Allows, in addition, the Council to recommend, and the Secretary to approve, measures, including time and area closures and gear restrictions, to ensure that fishing vessels associated with eligible economically disadvantaged fishing communities in Alaska are given access to and opportunity to catch groundfish, subject to certain restrictions. Authorizes the Governor of Alaska to recommend that a community be designated as eligible. Directs the Secretary, upon receipt of a recommendation from the Governor, to so designate a community if it meets certain requirements.