A bill to extend the fisheries management responsibility and authority of the United States over fish in certain ocean areas in order to conserve and protect such fish from depletion.
Marine Fisheries Conservation Act - Declares it to be the policy of Congress to: (1) maintain without change the existing jurisdiction and rights of the United States in the Continental Shelf; and (2) establish a management process designed to achieve and maintain an optimum yeild from fisheries resources under circumstances which allow the States, the fishing industry, consumer and environmental organizations, and interested persons to take part in the establishment of management plans.
Defines the terms used in this Act and establishes a fisheries zone contiguous to the territorial sea of the United States, such zone to have as its inner boundary the base line of the territorial sea and its seaward boundary 200 nautical miles from such inner boundary.
Provides that the fisheries management responsibilities and authorities of the United States shall extend to migratory species, anadromous species, and Continental Shelf fisheries resources with the fisheries zone.
States that the Administrator of the National Oceanic and Atmospheric Administration may promulgate fisheries management plans and regulations containing conservation measures appropriate to any fishery found in the fisheries zone, or any anadromous species, or any Continental Shelf fisheries resource.
Directs that any regulation promulgated under this Act shall designate zones where, and designate periods when, fishing shall be limited or not permitted, and shall provide for other specified goals, including establishment of limitations on the catch of fish.
Requires that the Secretary of State notify all nations affected by regulations on the date on which such regulations take effect, and furnish each nation with a copy of such regulations.
Allows regulations promulgated under this Act to provide conservation measures or fees applicable to foreign fishermen and foreign fishing vessels which differ from those applicable to U.S. citizens.
Sets forth the procedures that must be observed before any final regulation is promulgated under this Act. Gives interested persons an opportunity to submit written data, views or comments on proposed regulations.
Allows the Administrator of the National Oceanic and Atmospheric Administration to declare any regulation published in the Federal Register pursuant to this Act to be immediately effective if he finds that due to an emergency situation it is practicable or contrary to the public interest to defer the effective date of such regulation.
Establishes a National Marine Fisheries Advisory Board composed of 15 members appointed by the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating. Provides that the term of office shall be three years, except that there shall be staggered terms for the initial appointees. Authorizes the Administrator to chair the National Board or to designated a chairman from among its members.
Makes it the responsibility of the National Board to advise the Administrator with respect to fisheries management issues and the approval of fisheries management plans. States that the Administrator shall provide staff and administrative support to the National Board.
Establishes four permanent Regional Marine Fisheries Councils to be known as the Atlantic Marine Fisheries Council, the Gulf Marine Fisheries Council, the Pacific Marine Fisheries Council, and the Alaska Marine Fisheries Council. Designates geographical areas to be represented by each such Council.
Allows the Administrator to establish one or more additional Councils to represent such other geographical areas as he may determine, which Councils shall consist of five members, to be appointed by the Administrator.
Makes it the responsibility of the various Councils to recommend to the Administrator those fisheries which are in need of management and to develop management plans which will protect, develop, and preserve such fisheries.
Establishes four Regional Marine Fisheries Advisory Boards and authorizes the Administrator to establish one or more additional Special Regional Boards. Makes it the responsibility of the Regional Boards and the Special Regional Boards, within their respective designated geographic areas, to advise the appropriate Council on a continuing basis, including but not limited to the content of fisheries management plans.
Directs that the Administrator shall, after consulting with the National Board and the appropriate Council or Councils, designate those fisheries for which a management plan is required, except that any fishery which is substantially conducted within the jurisdiction of two or more States shall be designated only at the request of the Council or Councils on which such States are represented.
States that the appropriated Council or Councils shall periodically review each fisheries management plan then in effect and may propose to the Administrator additions or amendments or terminations of such plans. Allows the Administrator to prepare and promulgate a management plan in accordance with this Act if a Council fails to do so.
Authorizes the Administrator, in consultation with the Secretary of State, to permit fishing within the fisheries zone, or for Continental Shelf fisheries resources, or for anadromous species, by citizens of any foreign nation, subject to regulations prescribed by the Administrator.
Permits the Administrator to delegate all or a part of his responsibilities for the administration or enforcement, or both, of any fishery management plan, with specified conditions.
Directs the Secretary of State to review treaties, conventions, and other international fisheries agreements to determine whether the provisions of such agreements are in accord with the purposes of this Act. States that if provisions are not consistent, the Secretary of State shall begin negotiations to amend such agreements.
Makes it unlawful for any person to: (1) violate any provision of this Act; (2) violate any provision of any international fisheries agreement; (3) ship, transport, purchase or offer to purchase, sell or offer for sale, import, export, possess, control, or maintain in his custody any fish taken in violation of this Act where such person knew or had reason to know that such taking was not lawful; (4) violate any fully issued regulations under this Act; (5) refuse to permit duly authorized representatives to board a fishing vessel to inspect the catch or equipment; and (6) fail to cooperate with specified authorities engaged in a reasonable inspection.
Imposes a civil penalty of not more than $25,000 per day for violations of this Act. Allows judicial review of a penalty assessment.
Gives U.S. district courts the authority to order forfeited to the United States any vessel or equipment used or intended to be used in violation of this Act.
States that any person who willfully commits a violation as stated in this Act shall, upon conviction, be fined not more than $100,000, or imprisoned for no more than one year, or both.
Sets forth enforcement provisions for this Act, giving U.S. district courts exclusive jurisdiction over all cases or controversies arising under this Act.
Authorizes to be appropriated for the purposes of this Act to the Administrator of the National Oceanic and Atmospheric Administration such sums as are necessary, and to the Secretary of the Department in which the Coast Guard is operating such sums as are necessary to enforce this Act.
States that if any part of this Act is declared invalid, the constitutionality of the remainder shall not be affected thereby.
Introduced in House
Introduced in House
Referred to House Committee on Merchant Marine and Fisheries.
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