Amends the Magnuson Fishery Conservation and Management Act to require conservation and management measures to address current and potential habitat conditions and needs for the production of fishery resources.
Revises provisions concerning the organizational makeup of the Pacific Fishery Management Council and appointment of voting members to regional fishery management councils. Specifies certain nonvoting members to be placed on the Pacific Council.
Requires any fishery management plan to identify and discuss: (1) current and probable future habitat conditions; (2) the life and habitat requirements necessary to sustain the fishery and its food base; and (3) measures needed to conserve, restore, or enhance habitat essential for the fishery. Requires the National Marine Fisheries Service (the Service) to support the various regional councils in fulfilling such requirements. Outlines specified support required of the Service. Requires support requests to the Service to be responded to within 60 days, unless a written explanation of the delay is provided by the Service or any other Federal agency so requested.
Directs each Federal agency to ensure that no action of that agency causes significant fisheries harm. Requires an agency, before taking any action, to consider whether the action is likely to cause significant fisheries harm. Requires notification by the head of an agency to the Secretary of Commerce and consultation with the Secretary regarding preventive measures if it is decided that an action of that agency will cause significant fisheries harm. Requires the Secretary to then notify each regional council of that decision within five days of notification to the Secretary. Requires the Secretary to monitor the activities of Federal agencies to assure compliance with such provisions. Requires certain action of the Secretary in the event of agency noncompliance. Allows a council to submit comments concerning the minimization of fisheries harm to either the Secretary or the Federal agency concerned, with a response to such comments required within 60 days. Requires the Secretary to notify a Federal agency within 60 days of notification from such agency and to include in such notification the decision of the Secretary regarding whether or not the action of that agency will likely cause significant fisheries harm, and if affirmative, measures to be taken to prevent or minimize such harm. Requires such agency to then respond to the Secretary within 30 days stating that the agency either will or will not undertake the original proposed action.
Requires the Secretary, after Federal preemption of fishery regulation over a State by the Secretary and after appeal of such preemption by a proper party within 48 hours, to establish an arbitration panel within 48 hours of the appeal in order to decide whether the assumption by the Secretary of regulation of the fishery is adequately supported by scientific evidence. Requires immediate termination of such preemption by the Secretary if the panel rules against such preemption action.
Introduced in House
Introduced in House
Referred to House Committee on Merchant Marine and Fisheries.
Executive Comment Requested from Interior, Commerce.
Referred to Subcommittee on Fisheries and Wildlife Conservation and the Environment.
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