Overview. This Act governs the conservation and management of ocean fishing. It establishes exclusive U.S. management authority over all fishing within the exclusive economic zone, all anadromous fish throughout their migratory range except when in a foreign nation's waters and all fish on the Continental Shelf. Foreign fishing within these areas is prohibited unless conducted pursuant to a governing international fishery agreement and permit, and only if the foreign nation extends reciprocity to U.S. fishing vessels. The Act also establishes eight Regional Fishery Management Councils responsible for the preparation of fishery management plans to achieve the optimum yield from U.S. fisheries in their regions.

Congress amended the Act extensively when it passed the Sustainable Fisheries Act in 1996, and this summary reflects the law as amended. One of the changes made by Congress, it should be noted, is in the name of the Act. The Magnuson Fishery Conservation and Management Act is now the Magnuson-Stevens Fishery Conservation and Management Act.

Findings/Policy. Congress made findings that: fish off the U.S. coasts, highly migratory species of the high seas, U.S. Continental Shelf species and anadromous species that spawn in U.S. rivers are valuable and renewable natural resources; the survival of certain stocks of fish is threatened due to increased fishing pressure and losses of essential fish habitat; commercial and recreational fishing, a major source of employment that contributes significantly to the nation's economy, has been badly damaged due to overfishing of fishery resources; international fishery agreements have been ineffective in preventing or terminating the overfishing; fishery resources are finite but renewable and, if placed under sound management before irreversible harm occurs, fisheries can provide optimum yields on a continuing basis; a national program for the conservation and management of U.S. fishery resources is necessary to prevent overfishing, rebuild stocks and ensure conservation; a national program to develop underused U.S. fisheries is necessary to assure employment, food supply and revenue; the collection of reliable data is essential for the effective conservation, management and scientific understanding of U.S. fishery resources; the loss of marine, estuarine and other aquatic habitats is one of the greatest long-term threats to the viability of commercial and recreational fisheries and should receive increased attention; Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries important in sustaining their economic growth.

The purposes of the Act are to: take immediate action to conserve and manage the fishery resource off the U.S. coasts and U.S. anadromous species and Continental Shelf fishery resources; support the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species; promote domestic commercial and recreational fishing under sound conservation and management principles; provide for preparation and implementation of fishery management plans to achieve and maintain the optimum yield of each fishery on a continuing basis; establish Regional Fishery Management Councils to protect fishery resources through preparation, monitoring, and revision of plans that allow for participation of states, fishing industry, consumer and environmental organizations; encourage the development of underutilized U.S. fisheries; promote the protection of essential fish habitat.

The Act declares that the policy of Congress is to: maintain the existing territorial and other ocean jurisdiction of the U.S. for all purposes other than as provided in the Act; authorize no impediment to legitimate uses of the high seas, except as necessary for conserving and managing fishery resources; assure that the national fishery conservation and management program is based on the best available scientific information, is responsive to the needs of the states and citizens, avoids waste of fish, and is workable, effective, and efficient; permit foreign fishing consistent with the Act; support active U.S. efforts to obtain international fishery conservation and management agreements; foster and maintain the diversity of U.S. fisheries; explore, develop, conserve, and manage fishery resources adjacent to Pacific Insular Areas for the benefit of the people of the area and the U.S. § 1801.

Selected Definitions. Anadromous species: species of fish which spawn in U.S. fresh or estuarine waters and migrate to ocean waters. Bycatch: fish harvested in a fishery that are not sold or kept for personal use, including discards, but not fish released alive under a recreational catch and release fishery management program. Conservation and management: the rules, regulations, conditions and measures that are (1) required to rebuild, restore, or maintain a fishery resource and the marine environment, and (2) designed to assure a supply of food, avoid adverse effects on fishery resources and ensure future options for use of the resources. Continental Shelf: the seabed and subsoil of the submarine areas adjacent to the U.S. coast but outside the territorial sea to a depth of 200 meters or, beyond that limit, to where the depth of superadjacent waters allows exploitation of natural resources. Council: a Regional Fishery Management Council established under the Act. Essential fish habitat: those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity. Exclusive economic zone (EEZ): the zone established by Proclamation Numbered 5030, dated March 10, 1983, with an inner boundary coterminous with the seaward boundary of each coastal state. Fish: finfish, mollusks, crustaceans, and other marine animal and plant life other than marine mammals and birds. Fishery: one or more stocks of fish that can be treated as a conservation and management unit and are identified on the basis of geographical, scientific, technical, recreational and economic characteristics. Fishery resources: a fishery, fish stock, fish species and fish habitat. Foreign fishing: fishing by a vessel other than a U.S. vessel. High seas: all waters beyond the U.S. territorial sea and any foreign nation's territorial sea to the extent recognized by the U.S. Highly migratory species: tuna species, marlin, oceanic sharks, sailfishes and swordfish. Individual fishing quota: total allowable catch of a fishery that may be received or held for exclusive use by a person under a federal permit in a limited access system. International fishery agreement: a bilateral or multilateral treaty, convention or agreement relating to fishing to which the U.S. is a party. Large-scale driftnet fishing: a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of gillnets, with a total length of one-half miles or more is placed in the water and allowed to drift with the currents and winds to entangle fish in the webbing. Migratory range: the maximum area at a given time of the year within which fish of an anadromous species can be expected to be found, except areas in the waters of a foreign nation. Observer: a person required or authorized under regulation or permit to be carried on a vessel for conservation and management purposes. Optimum: for the yield from fishery, the amount of fish that provides the greatest overall benefit to the nation on the basis of maximum sustainable yield and provides for the rebuilding of overfished fishery to a level consistent with producing the maximum sustainable yield. Overfishing and overfished: a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce a continuing maximum sustainable yield. Pacific Insular Area: American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef or atoll. Secretary: Secretary of Commerce. Waters of a foreign nation: any part of the territorial sea or EEZ of a foreign nation to the extent recognized by the U.S. § 1802.

U.S. Sovereign Rights. Under the Act, the U.S. claims and will exercise sovereign rights and exclusive fishery management authority over all fish and Continental Shelf fishery resources within the EEZ. Beyond the EEZ, the U.S. claims and will exercise exclusive fishery management authority over all anadromous species throughout their migratory range, except when they are found within the waters of a foreign nation, and all Continental Shelf fishery resources. The U.S. will cooperate with nations involved in fisheries for highly migratory species to ensure conservation and promote the achievement of optimum yield. §§ 1811 and 1812.

Foreign Fishing. The Act provides that no foreign fishing is authorized within the EEZ or, for anadromous species and Continental Shelf fishery resources, beyond the EEZ unless: the foreign fishing is conducted pursuant to a valid international fishery agreement in effect on April 13, 1976, or pursuant to a governing international fishery agreement; the foreign nation extends substantially the same fishing privileges to U.S. fishing vessels as the U.S. extends to foreign fishing vessels; the foreign fishing is conducted pursuant to a permit issued under the Act.

The Act specifies the binding commitments required in a governing international fishery agreement, including that the foreign nation and the owner or operator of a fishing vessel will: abide by the Act's regulations; abide by the requirement that an authorized officer be permitted to board and search or inspect a vessel and make authorized arrests and seizures; allow U.S. observers to be stationed on a vessel; not harvest an amount of fish exceeding the nation's allocation of the total allowable level of foreign fishing (defined as that portion of the optimum yield of a fishery that will not be harvested by U.S. vessels). The Act authorizes the Secretary of State, in cooperation with the Secretary, to make allocations to foreign nations from the total allowable level of foreign fishing permitted for each fishery subject to U.S. exclusive fishery management authority and to release fishery allocations in accordance with the Act.

The Act directs the Secretary to establish a program under which a U.S. observer will be stationed aboard each foreign fishing vessel while the vessel is engaged in fishing within the EEZ. The Secretary may waive the observer requirement under specified conditions. Observers are to carry out compliance monitoring, scientific and other functions as the Secretary deems appropriate.

Foreign fishing vessels which are not operated for profit may engage in recreational fishing within the EEZ and the waters within the boundaries of a state so long as they obtain any permits, pay any fees, and comply with any conditions imposed by the Secretary and the governor of the state. These conditions must ensure that the fishing activity is consistent with federal and state laws and any applicable fishery management plan implemented under the Act. § 1821.

International Fishery Agreements. The Act directs the Secretary of State to renegotiate treaties pertaining to fishing within the EEZ, or for anadromous species or Continental Shelf fishery resources beyond the EEZ, that are in any way inconsistent with the purposes, policy or provisions of the Act. The Act directs the Secretary of State, in cooperation with the Secretary, to negotiate with foreign nations to establish the boundaries of the EEZ in relation to the foreign nations. The Act directs the Secretary of State, in cooperation with the Secretary, to evaluate the effectiveness of existing international fishery agreements pertaining to fishing for highly migratory species. The Secretary of State may enter into other negotiations to effectuate the Act. No governing international agreement, bycatch reduction agreement, or Pacific Insular agreement may become effective for 120 days, during which time Congress may disapprove it.

The Secretary of State, in cooperation with the Secretary, is directed to seek and secure international agreements to establish standards and measures for bycatch reduction compatible with the standards and measure applicable to U.S. fishermen in fisheries for which an international agreement is considered necessary and appropriate. Any agreements negotiated must be consistent with the provisions of the Act and are subject to congressional approval. The Secretary, in consultation with the Secretary of State, is also required to submit a report to Congress by January 1, 1997, describing action taken in securing these bycatch reduction agreements.

The Act provides that the U.S. will not recognize a foreign nation's claim to an EEZ beyond its territorial sea if the nation: fails to consider traditional U.S. fishing activity; fails to accept that highly migratory species are to be managed by international fishery agreements, regardless of whether the nation is a party to an agreement; imposes on U.S. fishing vessels conditions or restrictions unrelated to fishery conservation and management. §§ 1822 and 1823.

Permits for Foreign Fishing. The Act prohibits foreign fishing vessels from engaging in fishing or transhipment of fish within the EEZ or beyond it for anadromous species and Continental Shelf fishery resources, unless the vessel has a valid permit issued under the Act. The Act details permit procedures and directs the Secretary to establish conditions and restrictions.

As amended in 1996, the Act authorizes the Secretary of State, in concurrence with the Secretary and in cooperation with the appropriate Council, to negotiate and enter into a Pacific Insular Area fishery agreement to authorize foreign fishing in the EEZ adjacent to such an area. The agreement cannot supersede any current governing international fishery agreement. The agreement must: provide an alternative basis for the conduct of foreign fishing within the EEZ adjacent to the Pacific Insular Areas; be consistent with governing international fishery agreement provisions of the Act; not be valid for more than three years; require that the foreign nation and its fishing meet specific requirements set out in the Act. The agreement may not be negotiated with a nation that is in violation of a governing international fishery agreement, and cannot be entered into if the Governor of the applicable Pacific Insular Area determines that such an agreement will adversely affect the fishing activities of the indigenous people of the Area. The Act sets out provisions for permits authorizing foreign fishing under a Pacific Insular Area fishing agreement.

The 1996 amendments require that the Western Pacific Council and the appropriate Governor develop a three year marine conservation plan before entering into a Pacific Insular Area fishery agreement. The plan must be consistent with any applicable fishery management plan, identify conservation and management objectives, and prioritize planned marine conservation projects. Conservation objectives must include, but are not limited to: establishment of Pacific Insular Area observer programs that provide observer coverage for foreign fishing under Pacific Insular Area fishery agreements; conduct of marine and fisheries research, including development of systems for information collection, analysis, evaluation, and reporting; conservation, education, and enforcement activities related to marine and coastal management; grants to the University of Hawaii for technical assistance projects by the Pacific Island Network; western Pacific community-based demonstration projects and other coastal improvements projects to foster and promote the management, conservation, and economic enhancement of Pacific Insular Areas. Plans are to be submitted to the Secretary for approval.

The Act also establishes requirements for managing any payments received by the Secretary under a Pacific Insular Area fishery agreement. The Act establishes in the U.S. Treasury a Western Pacific Sustainable Fisheries Fund. All funds received by the Secretary under a Pacific Insular Area fishery agreement for any area other than American Samoa, Guam, or the Northern Mariana Islands must be deposited into the Fund. The Fund is to be made available to the Secretary, who will provide funds to the Western Pacific Council for carrying out the provisions of the Act, the Secretary of State for travel expenses for up to two federal representative, and the Council to meet conservation and management objectives in the State of Hawaii, if any monies remain in the Fund after fulfilling the requirements of the Act. Amounts deposited in the Fund shall not diminish any funding received by the Council for purposes of the Act.

The Secretary must deposit any monies received under a Pacific Insular Area fishing agreement for American Samoa, Guam, or the Mariana Islands into the U.S. Treasury. Amounts deposited must be made available, without appropriation or fiscal year limitation, to the Governor of the Pacific Insular Area to carry out the purpose of regulating foreign fishing and to compensate the Western Pacific Council for upon administrative costs, the Secretary of State for travel expenses for up to two federal representatives, and to implement a marine conservation plan. § 1824.

Import Prohibitions. The Act directs the Secretary of State to certify specific instances to the Secretary of the Treasury, including when: a foreign nation has refused to negotiate, or failed to negotiate in good faith, an international fishery agreement allowing U.S. fishing vessels equitable access to fisheries over which the nation asserts exclusive fishery management authority; a foreign nation has failed to comply with its obligations under an international fishery agreement; a U.S. fishing vessel is seized by a foreign nation in violation of an applicable international fishery agreement, without authorization under an agreement between the U.S. and the nation, or as a consequence of a jurisdictional claim not recognized by the U.S. Upon receipt of this certification, the Secretary of the Treasury must take immediate action to prohibit the importation into the U.S. of all fish and fish products from the fishery involved and, upon the recommendation of the Secretary of State, other fish and fish products from any fishery of the foreign nation concerned. § 1825.

Large-Scale Driftnet Fishing. The Act contains a provision, known as the Driftnet Act Amendments of 1990, that governs large-scale driftnet fishing. Congress made a number of findings including that: the continued widespread use of large-scale driftnets beyond the EEZ of any nation is a destructive fishing practice that is expanding; a pressing need exists for reliable information on the number of seabirds, sea turtles, nontarget fish and marine mammals that become entangled and die in large-scale driftnets; increased efforts are needed to monitor, assess, control and reduce the adverse impact of large-scale driftnet fishing on living marine resources. The Act declares that it is the policy of Congress that the U.S. should: implement the moratorium agreed to by the nations of the world on the use of large-scale driftnets beyond the EEZ of any nation, United Nations General Assembly Resolution 44-225, December 22, 1989; support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, November 29, 1989; secure a permanent ban on destructive fishing practices, in particular large-scale driftnets, beyond the EEZ of any nation.

The Act directs the Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, to attain international agreements to implement immediately the provisions of this section, particularly an international ban on large-scale driftnet fishing. Agreements that address the taking of U.S. living marine resources must contain provisions to ensure, among other things, that: the agreement includes each large-scale driftnet fishing vessel of a foreign nation party to the agreement that operates beyond the EEZ of a nation; monitoring by the U.S. is carried out through observers or other reliable means; U.S. officials have the right to board and inspect large-scale driftnet fishing vessels of a foreign nation party to the agreement when the vessel is beyond the nation's EEZ; time and area restrictions are imposed on the use of large-scale driftnets to prevent interception on anadromous species; all large-scale driftnets are constructed, to the extent feasible, with biodegradable materials which break into segments that are not a threat to living marine resources; the taking of nontarget fish species, marine mammals, sea turtles, seabirds and endangered or otherwise protected species is minimized and does not threaten existing fisheries or the long-term health of living marine resources.

The Act requires the Secretary to report annually to Congress and details the items the report must contain. For additional information regarding large-scale driftnet fishing, see the separate Handbook summaries of the High Seas Driftnet Moratorium Protection Act and the High Seas Driftnet Fisheries Enforcement Act. § 1826.

National Fishery Management Program. The Act sets forth national standards that must be incorporated into fishery management plans and regulations. The standards include requirements that conservation and management measures: prevent overfishing while achieving optimum yield from each fishery; be based on the best available scientific information; not discriminate among residents of different states; consider efficiency in the utilization of fishery resources, although economic allocation cannot be the sole purpose; take into account variations among fisheries, fishing resources and catches; minimize costs and avoid unnecessary duplication; take into account the importance of fishery resources to fishing communities in order to provide for sustained participation of such communities and, to the extent practicable, minimize adverse economic impacts on such communities; minimize bycatch and, where bycatch cannot be avoided, minimize the mortality of such bycatch; promote the safety of human life at sea to the extent practicable. The Secretary is to establish advisory guidelines, based on the national standards, to assist in the development of fishery management plans. § 1851.

The Act directs that eight specified Regional Fishery Management Councils be established and sets forth provisions relating to the appointment of Council members by the Secretary, staffing, administration and committees. Council functions include preparing and submitting to the Secretary a fishery management plan for each fishery within its geographic area of authority that requires conservation and management. However, the Secretary has authority over highly migratory species fisheries in certain geographic areas. § 1852.

Among other items, fishery management plans must: contain measures consistent with the national standards to conserve and manage the fishery, prevent overfishing and rebuild overfished stocks, and protect, restore, and promote the long-term health and stability of the fishery; contain a description of the physical and financial attributes of the fishery; assess and specify the present and probable future conditions of the fishery and its maximum sustainable yield and optimum yield; assess and specify the capacity and extent to which U.S. fishing vessels annually will harvest the optimum yield, the portion of the optimum yield that can be made available for foreign fishing, and the capacity and extent to which U.S. fish processors annually will process the U.S. portion of the optimum yield; specify the data that must be submitted to the Secretary, including an assessment of the fishery's habitat and the effects that changes to it may have on the fishery; include a fishery impact statement for the plan that assess, specify, and describe the likely effects of the conservation and management measures on participants in the fisheries and fishing communities affected by the management plan; specify objective and measurable criteria for identifying when the fishery covered by the plan is overfished, and contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery; establish a reporting methodology to assess the amount and type of bycatch occurring in the fishery and include conservation and management measures that minimize bycatch and minimize mortality of unavoidable bycatch; assess the type, amount, and mortality rate of fish caught and released alive during recreational fishing and include conservation and management measures that minimize mortality; include a description of fishing sectors participating in the fishery and quantify trends in landings of the managed fishery resource; allocate any harvest restrictions or recovery benefits fairly and equitably among commercial, recreational, and charter fishing sectors in the fishery. § 1853.

On receipt of a Council's fishery management plan, the Secretary must immediately commence a review of the plan to determine if it is consistent with national standards, the other provisions of this Act and any other applicable law and publish notice of the availability of the plan for public comment. The Secretary must take into account the information, views, and comments of interested persons, consult with the Secretary of State regarding foreign fishing, and consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and fishery access adjustments. The Secretary must take action on any plan within 30 days of the end of the comment period. The Act sets out the specific guidelines the Secretary must follow in notifying a Council of the final determination and responses available to the Councils when plans are partially or totally disapproved. § 1854.

Individual Fishing Quota Programs. The 1996 amendments to the Act, contained in the Sustainable Fisheries Act, place a moratorium on new individual fishing quota programs. The amendments prohibit any Council from submitting and the Secretary from approving before October 1, 2000, any fishery management plan, plan amendment, or regulation that creates a new individual fishing quota program. The Secretary must repeal and return to the appropriate Council any plan approved after January 4, 1995, that creates a new individual fishing quota program. The plan shall not be resubmitted or reapproved during the moratorium.

These provisions are not intended to limit the authority of a Council to submit for the Secretary's approval the termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan that provides for a limited access system, including an individual fishing quota program. A Council may also submit for the Secretary's approval amendments to the North Pacific halibut and sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and ocean quahog individual fishing quota programs. An individual fishing quota or other limited access system authorization will be considered a permit for purposes of the prohibitions and civil and criminal sanctions of the Act. Any authorization may be revoked or limited at any time, does not confer any right of compensation on the holder if revoked, and does not create and cannot be construed to create any right, title, or interest in or to any fish before the fish is harvested.

When submitting or approving any new individual fishing quota program after the moratorium has ceased, the Councils and the Secretary are to consider the report of the National Academy of Sciences, which has been asked to make recommendations to implement a national policy with respect to individual fishing quotas. The Secretary and the Councils must also ensure that any program establish procedures and requirements for review and revision of the program, provide for effective enforcement and management of the program, including observer coverage and fees to recover actual costs of enforcement and management, and provide for fair and equitable initial allocation of individual fishing quotas. § 1853.

Rebuilding Overfished Fisheries. The Act, as amended in 1996, directs the Secretary to report annually to Congress and the Councils on the status of the fisheries within each Council's geographical area of authority and identify the fisheries that are overfished or approaching a condition of being overfished. The Councils must take steps to end overfishing and rebuild affected stock or to prevent overfishing from occurring. At the request of a Council, the Secretary may take interim measures to reduce overfishing while a fishery management plan, plan amendments or regulations are being developed. § 1854.

Atlantic Highly Migratory Species. The 1996 amendments include a requirement that the Secretary prepare a fishery management plan or plan amendment with respect to certain highly migratory species fisheries. In preparing the plan or plan amendment, the Secretary is directed, among other things, to diligently pursue, through international entities, comparable international fishery management measures with respect to fishing for highly migratory species and to ensure that conservation and management measures promote international conservation and are fair and equitable in allocating fishing privileges among U.S. fishermen. § 1854.

Essential Fish Habitat. The Secretary must, within 6 months of the enactment oft the Sustainable Fisheries Act (enacted October 11, 1997), adopt guidelines to assist the Councils in identifying essential fish habitat in their fishery management plans and in considering actions to ensure the conservation and enhancement of the habitat. The Secretary is to set forth a schedule for the amendment of plans to include essential fish habitat and will assist the Councils with information and recommendations. The Secretary is also required to review programs administered by the Department of Commerce and ensure that any relevant programs further the conservation and enhancement of essential fish habitat. § 1855.

Prohibited Acts. Among other actions, the Act makes it unlawful to: violate a provision of the Act, its regulations or a permit; use a fishing vessel to engage in fishing after a permit is revoked or suspended; violate a governing international fishery agreement; refuse to permit an authorized officer to board a fishing vessel to conduct a search or inspection; forcibly assault, resist, oppose or interfere with an authorized officer in the conduct of a search or inspection; resist a lawful arrest; ship, transport, offer for sale, sell, purchase, import, export or have custody, control or possession of fish taken or retained in violation of the Act, a regulation, permit or agreement; engage in large-scale driftnet fishing subject to U.S. jurisdiction. § 1857.

A person who has committed a prohibited act is subject to a civil penalty up to $100,000 per violation. Under specified conditions, the Secretary may revoke, suspend, deny or impose additional conditions on permits. Specified offenses are punishable by criminal fines up to $100,000 or imprisonment up to 6 months, or both. The criminal penalties are increased significantly if the person uses a dangerous weapon in the commission of the offense, engages in conduct causing bodily injury to an observer or authorized officer or places the observer or officer in fear of imminent bodily injury. Fishing vessels used and fish taken or retained in connection with a prohibited act are subject to forfeiture to the U.S. §§ 1858-1860.

Enforcement. The Secretary and the Secretary of the department in which the Coast Guard is operating are to enforce the Act. The Act sets forth the enforcement actions that authorized officers may take, including making arrests, boarding, searching and inspecting fishing vessels, and seizing fishing vessels, fish and other evidence. § 1861.

Transition to Sustainable Fisheries. The Act, as amended in 1996, contains a number of provisions addressing the transition to sustainable fisheries. One of the approaches taken is a fishing capacity reduction program, which could be undertaken at the request of a Council or the governor of a state if the Secretary determines that the program is necessary to prevent or end overfishing, rebuild stocks of fish or achieve measurable and significant improvements in the conservation and management of the fishery. The objective of the program is to obtain the maximum sustained reduction in fishing capacity at the least cost and in a minimum period of time. To achieve that objective, the Secretary is authorized to pay an owner of a fishing vessel that is scrapped or subject to title restrictions which prohibit and prevent use in fishing or the holder of a permit authorizing participation in the fishery if the permit is surrendered for permanent revocation. § 1861a.

Information and Research. The Sustainable Fisheries Act has added a number of provisions to the Magnuson-Stevens Act with regard to information collection and fisheries. The 1996 Act also provides for incidental harvest research and requires a bycatch reduction program. Also, it directs the Secretary to adopt regulations for fishing vessels that carry observers. §§ 1881a - 1881d.

Appropriations Authorized. Congress authorized the appropriation of the following amounts to the Secretary to carry out the Act. $147,000,000 for fiscal year 1996; $151,000,000 for fiscal year 1997; $155,000,000 for fiscal year 1998; and $159,000,000 for fiscal year 1999. § 1803.

Editor's Note. In 1992, Congress amended the Magnuson-Stevens Act to assert U.S. sovereign rights over certain areas in the Bering Sea. These "special areas" are defined as areas referred to as eastern special areas in the Agreement between the U.S. and the U.S.S.R. on the maritime boundary that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the U.S. territorial sea is measured. However, these amendments are not effective until the agreement is in force for the U.S. According to the Senate report on the Sustainable Fisheries Act, this had not occurred as of the date of the report. See Senate Report 104-276, dated May 23, 1996.