Marine Fisheries Conservation Act

Marine Fisheries Conservation Act - Declares it to be the finding of Congress: (1) that stocks of fish which United States fishermen depend on have been the target of concentrated foreign fishing which has increased dramatically during the past decade; (2) that certain species are depleted to the point where survival of the fisheries is threatened; (3) that foreign fishing fleets in United States waters have interfered extensively with the efforts of United States fishermen; and (4) that international agreements have not been effective in halting the depletion of valuable coastal and anadromous species caused by overfishing.

States that it is the purpose of this Act to conserve and manage the fisheries resources off the United States coasts and the anadromous fisheries resources of the United States in the high seas by establishing an exclusive fisheries conservation and management zone in the area extending 200 nautical miles seaward of the United States within which the United States will assume management responsibility and authority, and by declaring such responsibility and authority on the high seas beyond such zone with respect to anadromous species.

Defines terms used in this Act. Applies the term "anadromous species" to those species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.

Title I: Establishment of United States Fisheries Conservation and Management Zone Extending to the 200-Mile Limit - Establishes a fisheries conservation and management zone contiguous to the territorial sea of the United States having as a seaward boundary a line drawn so that each point on the line is 200 miles from the baseline from which the breadth of the territorial sea is measured.

States that the United States will exercise the same exclusive rights in respect to fisheries in the zone as it has in its territorial sea.

Title II: International Fisheries Agreements - Prohibits foreign fishing vessels from fishing within the fishery zone, or from fishing seaward of the zone for anadromous species covered by a management plan developed pursuant to this Act, unless each such vessel has a permit issued by the Secretary of Commerce. Sets forth the procedures by which foreign vessels may apply for permits. States the conditions under which the Secretary will grant tentative approval of such an application and sets forth considerations which may require a statement of conditions and restrictions on such a tentative permit.

States that the Secretary shall approve an application for fishing by foreign vessels for a species with respect to which a fishery management plan is being developed pursuant to this Act only if the Secretary determines that such species is not depleted. Provides for Congressional review of applications for permits. Declares that if neither house of Congress objects to such application, the Secretary of State shall transmit to the nation concerned a statement of the conditions and restrictions determined by the Secretary of Commerce to apply.

Provides for the suspension or revocation of permits and for the issuance of warnings to permit-holders quilty of minor infractions of regulations.

States that nothing in this Act shall be construed to extend to foreign vessels the right or privilege to engage in fishing for any Continental Shelf Species.

Declares that no international fisheries agreement pertaining to fishing in waters defined in this Act or pertaining to species of fish under the management or conservation authority of the United States pursuant to this Act shall be extended or renewed except pursuant to this Act.

Requires that, within 90 days after the date of enactment of this Act, the Secretary of State shall commence negotiations with each foreign nation, off of whose coast United States vessels are engaged in fishing for specific stocks of fish, for the purpose of entering into an international fishery agreement under which such foreign nation will grant to United States vessels equitable access, consistent with reasonable management and conservation practices, to such fish stocks within 200 nautical miles off the coast of such nation.

Directs the Secretary of State, upon determining that: (1) any foreign nation is refusing to commence negotiations, or fails to negotiate in good faith, with the United States in order to preserve United States foreign fishing rights; or (2) although an international fishery agreement is in force and effect, a foreign nation is not complying with its obligations under the agreement, to certify that determination to the Secretary of the Treasury. Directs the Secretary of the Treasury, in such case, to take action to prohibit the importation into the customs territory of the United States of any seafood product of the foreign nation.

Directs that the same action be taken against foreign nations which seize any United States fishing vessel.

Directs the Secretary of State, upon the request of, and in cooperation with, the Secretary of Commerce, to initiate and conduct negotiations with any foreign nation participating in a fishery for any highly migratory species for the purpose of entering into international fisheries agreements that would establish an appropriate international fisheries organization having authority to manage and conserve such highly migratory species.

Requires the approval of both houses of Congress of all proposed international fishery agreements, other than agreements which are treaties, before such agreements may enter into force and effect. Sets forth the procedures for disapproving such proposed agreements.

Title III: Management of the Fisheries - States that the fisheries management responsibility and authority of the United States extends to: (1) any coastal species within the fisheries zone; (2) any anadromous species wherever found throughtout the range of such species in the high seas; and (3) any Continental Shelf species. Declares that no one country exercises management responsibility and authority to any highly migratory species, and that such species shall be managed pursuant to international fishery agreements.

Sets forth standards for the management of fisheries pursuant to this Act. States that management and conservation measures shall be designed to achieve the optimum sustainable yield of a stock of fish on a continuing basis. Declares that such measures shall not discriminate between residents of different States.

Establishes seven regional marine fisheries councils to be known as the New England Marine Fisheries Council, the Mid-Atlantic Marine Fisheries Council, the Southern Atlantic Marine Fisheries Council, the Gulf Marine Fisheries Council, the Pacific Marine Fisheries Council, the Alaska Marine Fisheries Council, and the Western Pacific Marine Fisheries Council. Sets forth the composition of each Council. Describes the term of membership of each member, and provides for the reimbursement of members for travel expenses and in return for their services.

States that the functions of the Councils are: (1) to solicit, by means of public hearings to the extent practicable, and evaluate on a continuing basis comments and recommendations from all interested persons in the geographical area concerned with respect to the administration and implementation of the provisions of this Act; (2) to develop fishery management plans for adoption by the Secretary, and take such other actions with respect to fishery management plans as may be required; and (3) to submit to the Secretary, within 30 days after the close of each calendar quarter, a report setting forth the results of the Council's activities under this Act during such quarter.

Sets forth the procedure for the development by the Councils' of fishery management plans for coastal, anadromous, and Continental Shelf species. States that such plans shall contain the necessary conservation measures for the species or fishery concerned, and shall specify and conditions or limitations on fishing which the Council believes should be implemented. Permits each such plan: (1) to designate zones where and periods when fishing shall be limited; (2) to recognize present and historical use of the fishery in establishing limitations on the access to the fishery; (3) to establish limitations on the catch; (4) to prohibit, limit, or specify types of fishing gear which may be used; (5) to specify licensing requirements; and (6) to report pertinent statistics to the Secretary with respect to type of fishing gear used, size of catch, and other factors. Directs the Secretary to review each such plan submitted to him and to recommend such changes as he believes to be necessary.

Provides for the review of proposed fishery management plans by the public. Requires that public hearings be held on objections to any plan before final revision of a plan.

Authorizes the Secretary to promulgate emergency fishery management plans within 90 days after the enactment of this Act. States that such plans may be issued with respect to species which are depleted, in imminent danger of becoming depleted, or under intensive and unregulated use. Stipulates that such plans may remain in effect for 180 days.

Provides for the assertion of Federal jurisdiction over species of fish which move in waters under State jurisdiction when such action is necessary to insure the effectiveness of a management plan.

Establishes a civil penalty of up to $25,000 per day for specified violations of provisions of this Act.

Establishes criminal penalties for: (1) refusing to permit the inspection of a fishing vessel by authorized Federal representatives; or (2) forcibly interfering with any authorized representative in the inspection of a vessel. Provides for a fine of up to $50,000 except that such fine may be doubled and a prison term of up to ten years may be imposed for the use of a deadly or dangerous weapon in refusing or interfering with an inspection. Provides for the forfeiture of the catch, vessel, or fishing gear of any vessel which violates specified provisions of this Act.

States that this Act shall be enforced by the Secretary of Commerce and the Secretary of the Department in which the Coast Guard is Operating.

Title IV: Amendments to Other Laws Relating to the Fisheries and Miscellaneous Provisions - Revises the Fishermen's Protective Act to direct the Secretary of State to assist any United States vessels seized by a foreign country while engaged in fishing on the high seas for a specific stock of fish, when United States vessels have previously fished for such stock in the same area, and when the United States recognizes the rights or claims to fisheries conservation and management jurisdiction in such area by the seizing country.

Revises specified other acts pertaining to fisheries as necessary to accomodate the provisions of this Act.