A bill to improve fishery conservation and management.

(Conference report filed in House, H. Rept. 97-982)

Amends the Magnuson Fishery Conservation and Management Act to require, as a condition of each Governing International Fishery Agreement, that the foreign nation: (1) pay for required U.S. observer costs, including related monitoring and data expenses; and (2) agree to a binding commitment to comply with allocation provisions.

Makes discretionary the existing mandatory authority of the Secretary of State to reallocate to foreign nationals surplus fish not harvested by U.S. vessels.

Bases a foreign nation's fishery conservation zone allocation on the aggregated total of its allocations (as determined by the Secretary of State in cooperation with the Secretary of Commerce) from each fishery subject to exclusive U.S. management.

Prohibits: (1) the initial relase of more than 50 percent of such total, apportioned among the individual fishery allocations; and (2) subsequent releases unless the Secretaries determine in writing that the country is in compliance with such Act. Requires the Secretary of State to reduce allocations for noncompliance.

Establishes a supplemental observer program whereby foreign vessels must pay for the on-board stationing of non-Federal certified observers when Government funds are insufficient to provide 100 percent observer coverage. Directs observers to carry out compliance and sealife conservation activities. Makes such provisions effective as of January 1, 1984.

Allows foreign vessels to engage in recreational fishing within the zone and State waters, subject to applicable Federal and State requirements.

Amends foreign fishery permit provisions to: (1) require that hold capacity be specified in the application; and (2) make certain mandatory application comment provisions discretionary.

States that the Secretary of Commerce's fishery management plan guidelines shall not have the force and effect of law. Includes the Northern Mariana Islands and other U.S. Pacific possessions in the Western Pacific Fishery Management Council.

Requires the Secretary to appoint to the Regional Fishery Management Councils only persons with fishery resource backgrounds. Requires the Secretary to announce the appointment of new Council members at least 45 days before they take office. Exempts the Councils from Federal Advisory Committee Act coverage. Sets forth Council procedural guidelines, including the confidentiality of received statistics.

Amends fishery management plan provisions to: (1) include an anadromous fish assessment within a plan's discretionary provisions; and (2) authorize the Councils to request that the Secretary provide supplemental fishery management data, and directs the Secretary to implement such data collection program within 60 days of request approval.

Revises provisions regarding the participation of the Secretary in the development of fishery management plans and regulations. Sets time limits for public comments, review and approval or disapproval by the Secretary, and review of revised plans.

Authorizes the Secretary to enter into cooperative agreements with States to administer a permit and fee collection system for U.S. vessels. Restricts fee charges to the level of associated administrative costs.

Sets time limits in which the Secretary must promulgate fishery plan and emergency implementing regulations. Lengthens emergency regulations to 90 days.

Eliminates the related annual report to Congress.

Applies the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, and Executive Order 12291 to the Secretary's fishery plan participation and implementation functions.

Extends State fisheries jurisdiction to: (1) any pocket of water adjacent to a State and totally enclosed by the U.S. territorial sea; and (2) with respect to Nantucket Sound, the pocket of water west of the seventieth meridan west of Greenwich.

Authorizes the Secretary to subpoena witnesses in civil penality hearings. Provides for witness remuneration.

Eliminates the imprisonment penalty for illegal fishing in the zone. Authorizes "fair market value" payments in lieu of forfeiture of fish.

Grants general Federal arrest authority to Federal and State fishery agents policing the zone under the Secretary's authority.

Authorizes appropriations through FY 1985 for carrying out such Act.

Amends the Anadromous Fish Conservation Act to: (1) require 90 percent Federal funding where State have implemented an interstate fisheries management plan; (2) authorize appropriations through FY 1985; and (3) authorize appropriations for the striped bass program through FY 1984.

Redefines "vessel of the United States" to mean vessel: (1) documented under U.S. law; and (2) numbered in accordance with the Federal Boat Safety Act of 1971 and measuring less than five tons, or used for pleasure.

Eliminates the annual compliance report to Congress.

Amends the Central, Western, and South Pacific Fisheries Development Act to authorize appropriations through FY 1985.