Chapter II — Marine Mammal Protection Act and Related Legislation 



economics. Among other things, the commission 

 would oversee establishment of assessment and 

 planning teams to review listing proposals. 



At the end of 1995 Congressional schedules for 

 further consideration of Endangered Species Act 

 legislation were uncertain. 



Magnuson Fishery Conservation and 

 Management Act 



The Magnuson Fishery Conservation and Manage- 

 ment Act was last reauthorized in 1990 for a four-year 

 period. Although reauthorizing legislation was 

 considered during the 1993 and 1994 sessions of 

 Congress, no bill was passed. Bills to reauthorize and 

 amend the Magnuson Act were introduced in both 

 Houses of Congress early in the 1995 session. 



On 4 January Senator Ted Stevens introduced S. 39 

 to reauthorize the Magnuson Act through 1999. The 

 bill would also amend the Act to strengthen conserva- 

 tion efforts and rebuild depleted fish stocks. Among 

 other things, the amendments would require fishery 

 management councils to define in each fishery man- 

 agement plan what constitutes overfishing. The 

 Secretary of Commerce would be required to report 

 annually on the status of fisheries and to identify 

 fisheries that are at or approaching overfished levels. 

 Other measures included in the bill to address over- 

 fishing are individual transferable quota systems and 

 vessel buy-out programs. These approaches would 

 reduce or limit fishing effort in overfished fisheries. 



The bill would require identifying essential habitat 

 for all managed fisheries. It also would expand the 

 authority of the Secretary and fishery management 

 councils to make recommendations on Federal actions 

 affecting such habitat. 



The Stevens bill would require fishery management 

 plans to assess the level of bycatch in each fishery and 

 to include measures to minimize waste and discards of 

 unusable fish. In addition, the bill would encourage 

 plans to provide incentives for fishermen to reduce 

 bycatch. Other provisions of the bill would stream- 

 line the process for approving fishery management 



plans and implementing regulations. The bill would 

 also establish new procedures governing conflicts of 

 interest involving members of fishery management 

 councils. 



Several hearings to consider various aspects of S. 

 39 were held by the Senate Commerce Committee 

 during 1995. Further action is expected in 1996, 

 including introduction of a substitute bill. 



Congressman Don Young introduced H.R. 39 on 

 5 January 1995. While somewhat different than the 

 Stevens bill at the outset, many of the differences 

 were reconciled as H.R. 39 proceeded through the 

 legislative process. An amended version of H.R. 39 

 was passed by the House of Representatives on 18 

 October 1995. If enacted, the bill would authorize 

 appropriations to carry out the provisions of the 

 Magnuson Act through fiscal year 2000. 



H.R. 39 would establish new requirements for 

 fishery management plans. It would require fishery 

 management plans to indicate the amount and species 

 of bycatch and include conservation and management 

 measures necessary to minimize bycatch. Each 

 fishery management plan would be required to include 

 a description of essential fishery habitat and set forth 

 conservation and management measures necessary to 

 minimize adverse impacts to that habitat caused by 

 fishing. Under the House bill, a fishery management 

 plan would also be required to include a measurable 

 and objective determination of what constitutes 

 overfishing in that fishery. Action by the Secretary of 

 Commerce and the appropriate fishery management 

 council would be required if it is determined that 

 overfishing is occurring or has occurred. Definitions 

 of "bycatch," "essential fishery habitat," and "over- 

 fishing" are included in the bill. 



The bill would provide authority for limiting access 

 to certain fisheries through establishment of individual 

 quota systems. Such quotas would not be transfera- 

 ble and user fees would be collected from quota 

 holders. The bill would also amend provisions 

 governing the operation of fishery management 

 councils. Most notably, council members would be 

 required to disclose their financial interests and recuse 

 themselves from voting on matters in which such 

 interests would be significantly affected. 



