National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act of 1985

(House agreed to Senate amendment with amendments)

Title I: Fisheries Conservation and Management - 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 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.

Amends the Magnuson Fishery Conservation and Management Act to direct the Secretary of Commerce to prescribe minimum health and safety standards to be maintained on foreign fishing vessels with respect to the quartering of and carrying out of observer functions by U.S. observers aboard such vessels.

Requires all foreign vessels to have written certification that such vessel complies with all safety standards imposed by its country.

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, processing, or marketing 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 disclosure by the Secretary of certain financial-disclosure statistics submitted to the Secretary except to: (1) Federal employees and council employees who are responsible for fishery management plan development; or (2) when court-ordered.

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.

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.

Provides that administrative forfeiture provisions shall apply to all property seized by the Secretary of Commerce for violations under this Act. Authorizes the Secretary or the Secretary of the Treasury to pay for the reasonable storage and maintenance costs of seized property until any proceeding concerning such property is completed. Requires reimbursement by liable parties of all such storage and maintenance costs.

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

Authorizes appropriations. Provides certain limitations of expenditures with regard to certain fishery research vessels of the National Oceanic and Atmospheric Administration (NOAA).

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

Title II: Fish and Seafood Promotion - Fish and Seafood Promotion Act of 1986 - Establishes the National Fish and Seafood Promotional Council.

Outlines various functions of the Council, including the preparation and submittal to the Secretary of Commerce for review of a plan for marketing, promotion, and consumer education with respect to fish and fish products. Prohibits: (1) any such plan from containing any references to any private brand or trade name or from using deceptive acts with respect to the quality, value, or use of competing products; or (2) the promotion by the Council to purchase a single or group of similar fish. Permits the Council to enter into agreements with applicants proposing to establish a seafood marketing council for the purposes of funding a referendum establishing such councils. Terminates the Council on October 1, 1990.

Sets forth the duties of the Secretary, including the review of the Council's annual fish marketing and promotion plan and budget.

Establishes in the Treasury a Fisheries Promotion Fund.

Amends the Saltonstall-Kennedy Act to provide for the transfer of funds from the Secretary of Agriculture to the Secretary of Commerce for activities related to the Fisheries Promotion Fund. Requires the transfer of specified amounts into the Fund for FY 1987 through 1990.

Provides for the application for a charter for a seafood marketing council for fish and fish products by individuals meeting specified requirements. Requires such application to be in the form of a proposed charter, which must include certain information such as the fish and fish products planned to be marketed and promoted, and sectors (geographic areas) that will be represented by the proposed council.

Requires the Secretary of Commerce to determine the suitability of a proposed charter within 180 days after its submission for approval. Requires a referendum to be held, and 66 percent or more of the fish and fish products' value of an area to be represented by sector participants who approve the charter, before the Secretary of Commerce can establish the council and approve the proposed charter.

Outlines powers of a council, including that of adopting standards relating to the quality of fish and fish products and the sector operating procedures of the council. Requires such standards to be adopted by a majority of the council and implemented by the Administrator.

Enumerates specified duties of the Secretary of Commerce with respect to the review and regulation of marketing and promotion plans submitted by the councils.

Directs a council to impose such assessments as necessary to carry out functions. Directs such assessments to be imposed on sector participants in the receiving sector or the importing sector or both as approved in the council charter. Directs the Secretary of Commerce to assist each council in the determination and implementation of such assessments.

Requires Department of Commerce employees to maintain the confidentiality of all books and records opened to them by each council. Provides fines and penalties for any individual violating such confidentiality.

Allows any person subjected to an assessment to petition the Secretary of Commerce for a review and ruling on the validity of such assessment.

Outlines administrative procedures for the voluntary termination of a council.

Gives the district courts of the United States jurisdiction to enforce any order or regulation made or issued under this Act. Refers civil actions brought under this Act to the Attorney General, unless the Secretary of Commerce believes administrative action is adequate.

Provides civil penalties for any person violating any provision of any order or regulation issued by the Administrator under this Act. Outlines procedures for review of any such penalties levied upon an individual.

Authorizes the Administrator to make any necessary investigations to carry out the provisions of this Act. Provides the Secretary of Commerce with other administrative powers. Allows the Administrator to obtain enforcement of such powers with the aid of any U.S. court. Requires the Secretary of Commerce to submit a report to the Congress.

Title III: Interjurisdictional Fisheries - Interjurisdictional Fisheries Act of 1986 - Directs the Secretary of Commerce to apportion funds for interjurisdictional fisheries research projects among the States in a ratio based on fishery resources volume and value as determined by the Secretary. Assures a guaranteed apportionment to those States which: (1) are a signatory to an interstate fishery compact; or (2) border on one or more of the Great Lakes.

Allows States to submit proposals for projects to be evaluated by the Secretary before determining the funds to be obligated to such States. Prohibits the Federal share of the cost of any project from exceeding 75 percent, unless the State has adopted the interstate fishery management plan for the resource involved, or the fishery regulations consistent with the Federal fishery management plan for the species involved, in which case the Federal share shall not exceed 90 percent. Requires prompt notification to States by the Secretary of project approval or disapproval.

Requires the Secretary to prescribe regulations to assure that the performance of all project work is in accordance with applicable Federal and State laws. Vests title to all project property in the State.

Requires the Secretary, beginning not later than 90 days after FY 1988 and biennially thereafter, to submit a report to the appropriate congressional committees concerning project assessments and expenditures of funds.

Authorizes appropriations for FY 1987 through 1988 to carry out the purposes of this Act. Authorizes appropriations for FY 1987 through 1989 for the use of specified interstate commissions to develop interstate fishery management plans for interjurisdictional fishery resources.

Repeals the Commercial Fisheries Research and Development Act of 1964.

Title IV: Miscellaneous Provisions - Extends through FY 1989 the authorizations of appropriations for programs under the (1) National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act; and (2) Anadromous Fish Conservation Act. Extends through FY 1988 the authorizations of appropriations for programs under the Central, Western, and South Pacific Fisheries Development Act. Extends through FY 1989 the authorizations of appropriations for programs under the Atlantic Tunas Convention Act.

Amends the Great Lakes Fishery Act of 1956 to increase from three to four the authorized number of members representing the United States on the Great Lakes Fishery Commission (the Commission).

Directs the Administrator of NOAA to establish within NOAA an Estuarine Programs Office. Outlines the functions of such Office, including: (1) the development of a national estuarine strategy; and (2) the coordination of estuarine activities of NOAA with Federal and State agencies. Authorizes appropriations for such use for FY 1987 through 1990.

Amends Federal law relating to the organization of the Department of Commerce to establish the following two positions, both of whom are to be appointed by the President, by and with the advice and consent of the Senate: (1) Under Secretary of Commerce for Oceans and Atmosphere (to serve as the Administrator of NOAA); and (2) Assistant Secretary of Commerce for Oceans and Atmosphere (to serve as Deputy Administrator of NOAA). Establishes in NOAA the position of Chief Scientist of NOAA, appointed by the President by and with the advice and consent of the Senate, to act as the principal scientific advisor to the Administrator of NOAA.

Transfers from the Secretary of Commerce to the Secretary of State the authority to provide reimbursement to commercial fishermen for certain seized property.

Amends the Fish and Wildlife Act of 1956 to provide that money accruing to the fisheries loan fund created under such Act shall, after FY 1986, accrue to the general fund of the U.S. Treasury.

Revises provisions concerning a certain land conveyance agreement entered into between the Coast Guard and Koniag, Incorporated.

Amends the Marine Mammal Protection Act to allow U.S. citizens to hunt for specified species of depleted fish if the Administrator of the National Oceanic and Atmospheric Administration determines that such hunting will not have an unmitigable adverse impact.

Amends the Endangered Species Act with respect to a specified statement by the Secretary of the Interior relating to endangered species.