Magnuson Fishery Conservation and Management Act Amendments of 1982

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 97-519)

Magnuson Fishery Conservation and Management Act Amendments of 1982 - Amends the Magnuson Fishery Conservation and Management Act to authorize the Secretary of State and the Secretary of Commerce to reduce a foreign country's fishing allocation in the U.S. fishery conservation zone (zone) for inadequate compliance with related fishing agreements. Permits such reduction to be reallocated to another foreign country.

Requires a foreign fishing permit to list the ship's hold capacity. Requires the Secretary of State to transmit permit applications to appropriate Councils only upon request. Authorizes (presently requires) a Council to submit written comments regarding such application.

Authorizes foreign recreational fishing within the zone and within the waters of a State's boundaries, subject to regulation by the Secretary of Commerce and the Governor of the State.

States that the Secretary's guidelines for fishery management shall be advisory and not require mandatory compliance.

Revises the composition of the Western Pacific Fishery Management Council to: (1) include the Northern Mariana Islands; and (2) enlarge the voting membership from 11 to 13.

States that the members of each Council required to be appointed by the Secretary shall be appointed from a list submitted by the Governor of each constituent State. Authorizes the Secretary to remove such a member if the Council so recommends.

Authorizes the Councils to comment on any activity that affects their fishery resources.

Exempts the Councils from the Federal Advisory Committee Act. Sets forth public participation procedures.

Permits limited access permit fees to exceed issuance costs.

Requires inclusion of proposed regulations in any fishery management plan submitted to the Secretary.

Authorizes the Councils to request that the Secretary implement a biological data collection program to aid in developing a fishery management plan.

States that a fishery management plan shall take effect 60 days after submission unless disapproved by the Secretary.

Requires the Secretary to promptly review and publish such plans in the Federal Register. Reduces the public comment period from 45 to 30 days. Eliminates the existing hearing provision.

Authorizes the Councils to initiate emergency action by either requesting or requiring the Secretary to promulgate appropriate regulations. Lengthens the duration of emergency regulations from 45 to 90 days.

States that for purposes of such Act a State's jurisdiction shall extend to any pocket of waters adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States.

Exempts such Act from specified time and procedure requirements under the Paperwork Reduction Act, the Regulatory Flexibility Act, and Executive Order 12291.

Eliminates the one-year imprisonment for owners or operators of non-U.S. vessels illegally fishing in a fishery conservation zone.

Authorizes "fair market value" payments in lieu of forfeiture of fish actually caught as a penalty for illegal fishing.

Eliminates annual Council reports and Secretarial enforcement reports.

Restructures the foreign fishing observer program to: (1) set forth observer authority, including the performance of certain fishery-related scientific work; (2) authorize the Secretary to collect the necessary foreign fees and use them as necessary without specific appropriations; and (3) incorporate in the Foreign Fishing Observer Fund fees from observer activities under such Act and under the Atlantic Tunas Convention Act as well.

Requires the Councils to assess the effects that anadromous fish management plans will have on naturally spawning stocks in their Regions.

Redefines "vessel of the United States" to mean a vessel: (1) documented under U.S. law; or (2) numbered in accordance with the Federal Boat Safety Act.