A bill to improve fishery conservation and management.

(Reported to House from the Committee on Merchant Marine and Fisheries with amendment, H. Rept. 99-165)

Amends Federal law concerning fishery conservation to define "exclusive economic zone" for purposes of exercising sovereign rights to fishery resources in such zone. States that the United States shall exercise sole fishery management authority (except with regard to highly migratory fishes) within the exclusive economic zone. Provides that the United States shall exercise exclusive fishery management authority over all anadromous fishes throughout their migratory range beyond the exclusive economic zone (except when such fishes are in a foreign nation's territorial sea or exclusive economic zone) and all Continental Shelf fishery resources beyond the exclusive economic zone.

Provides that the United States will consider whether and to what extent a foreign nation is extending fishing privileges when determining whether to initiate bilateral agreements creating foreign fishing privileges within the zone claimed under U.S. authority. Outlines details to be incorporated into such bilateral agreements. Authorizes the Secretary of State to enter into negotiations for the purpose of establishing such agreements. Provides for congressional oversight of any agreements entered into.

Provides that fishing permits issued to foreign vessels to permit fishing within the U.S. fishery zone shall be valid only for a period of one year, with renewal required thereafter. Provides various sanctions for foreign fishing vessels committing prohibited acts, including revocation, suspension, or denial of fishing permits. Provides for temporary suspension of such permits while an administrative proceeding concerning a violation is in progress.

Requires members of each regional fishery management Council to be knowledgeable and experienced with regard to the conservation and management of the fishery resources of the geographic area concerned. Prohibits the Governor of a State from submitting individuals to the Secretary of Commerce for appointment to such Councils unless the Governor has first consulted with commercial and recreational fishing representatives of the State regarding such individuals. Prohibits an individual's appointment to a Council position until such individual complies with certain financial disclosure requirements. Provides a three-year term for each voting Council member appointed.

Authorizes each Council to comment on a proposed State or Federal agency action which may affect the habitat of a fishery resource under its jurisdiction. Requires a Federal agency to respond to a Council's comments within 45 days of receipt thereof.

Requires voting members of a Council to disclose any financial interest held in any fish harvesting or processing activity over which such council has jurisdiction.

Requires any fishery management plan prepared by any Council to provide for temporary adjustments regarding access to the fishery for vessels usually prevented from harvesting because of weather or other conditions affecting the safety of the vessels. Requires the inclusion of certain fishery habitat information.

Prohibits the establishment of a limited fishery access system or a fishery compensation plan within a fishery management plan until prior approval of Council voting members and fishermen of such fishery is obtained.

Prohibits the disclosure by the Secretary of certain financial-disclosure statistics submitted to the Secretary except in very limited circumstances.

Defines "fishery compensation plan" to mean a plan for compensating fishing vessel owners for a loss or reduction of livelihood resulting from the implementation of a limited access system. Establishes in the Treasury a Fishery Compensation Fund for the deposit of all fees collected under fishery compensation plans.

Requires the Secretary to make an immediate preliminary evaluation of any fishery management plan submitted in order to determine if it is consistent with national standards and warrants further review. Requires the Secretary to annually review and update the comprehensive fishery management plan and make the results available to the Councils.

Authorizes the Secretary, after finding that a State has acted adversely or failed to act in carrying out a fishery management plan, to regulate the applicable fishery within the boundaries of such State. Requires any dispute between the Secretary and a State to be submitted to arbitration. Allows a State to request a judicial hearing upon an adverse finding by the Secretary.

Defines as a prohibited act the submission to a Council, the Secretary, or the Governor of a State of a false statement pertaining to fish processing capacity.

Provides that any person against whom a civil penalty is assessed for violation of a fishery management plan may obtain review in the U.S. district court for the appropriate district.

Provides in rem jurisdiction with respect to vessels engaging in violations of fishery management plans and states that civil penalties against the owners or operators of such vessels shall constitute a lien upon such vessel enforceable in the appropriate court of jurisdiction.

Repeals a Federal law concerning the effect of certain legislation upon the Law of the Sea Treaty.

Authorizes appropriations for FY 1986 and 1987. Provides certain limitations of expenditures with regard to certain fishery research vessels of the National Oceanic and Atmospheric Administration.

Requires the Secretary to ensure that those persons dependent upon the fisheries within the jurisdiction of the Pacific Fishery Management Council for their livelihood are fairly represented as voting members of the council.