EXHIBIT "A"

EXCERPTS: "SUSTAINABLE FISHERIES ACT"

 

 

  1. INDIVIDUAL FISHING QUOTAS

 

`(l)(A) A Council may not submit and the Secretary may not

approve or implement before October l, 2000, any fishery

management plan, plan amendment, or regulation under this

Act which creates a new individual fishing quota program.

 

`(B) Any fishery management plan, plan amendment, or

regulation approved by the Secretary on or after January 4,

1995, which creates any new individual fishing quota program

shall be repealed and immediately returned by the Secretary to

the appropriate Council and shall not be resubmitted,

re-approved, or implemented during the moratorium set forth

in subparagraph (A).

 

`(2)(A) No provision of law shall be construed to limit the

authority of a Council to submit and the Secretary to approve

the termination or limitation, without compensation to holders

of any limited access system permits, of a fishery management

plan, plan amendment, or regulation that provides for a limited

access system, including an individual fishing quota program.

 

`(B) This subsection shall not be construed to prohibit a

Council from submitting, or the Secretary from approving and

implementing, amendments to the North Pacific halibut and

 

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procedures as may be necessary to preserve the confidentiality

of information submitted in compliance with any requirement

or regulation under this Act, except that the Secretary may

release or make public any such information in any aggregate

or summary form which does not directly or indirectly disclose

the identity or business of any person who submits such

information. Nothing in this subsection shall be interpreted or

construed to prevent the use for conservation and

management purposes by the Secretary, or with the approval

of the Secretary, the Council, of any information submitted in

compliance with any requirement or regulation under this Act

or the use, release, or publication of bycatch information

pursuant to paragraph(1)(E).

 

`( C) RESTRICTION ON USE OF CERTAIN INFORMATION - (l) The

Secretary shall promulgate regulations to restrict the use, in civil

enforcement or criminal proceedings under this Act, the Marine

Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the

Endangered Species Act (16 U.S.C. 1531 et seq.), of information

collected by voluntary fishery data collectors, including sea samplers,

while aboard any vessel for conservation and management purposes if

the presence of such a fishery data collector aboard is not required by

any of such Acts or regulations thereunder.

 

`(2) The Secretary may not require the submission of a Federal or State

income tax return or statement as a prerequisite for issuance

 

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of a permit until such time as the Secretary has promulgated regulations

to ensure the confidentiality of information contained in such return or

statement,to limit the information submitted to that necessary to achieve

a demonstrated conservation and management purpose, and to provide

appropriate penalties for violation of such regulations.

 

`(d) CONTRACTING AUTHORITY - Notwithstanding any other provision of

law, the Secretary may provide a grant, contract, or other financial

assistance on a sole-source basis to a State, Council, or Marine Fisheries

Commission for the purpose of carrying out information or other

programs if –

 

`(1) the recipient of such a grant, contract, or other financial assistance

is specified by statute to be, or has customarily been, such State,

Council, or Marine Fisheries Commission; or

 

`(2) the Secretary has entered into a cooperative agreement with such

State, Council, or Marine Fisheries Commission.

 

`(e) RESOURCE ASSESSMENTS - (1) The Secretary may use the private

sector to provide vessels, equipment, and services necessary to survey

the fishery resources of the United States when the arrangement will

yield statistically reliable results.

 

`(2) The Secretary, in consultation with the appropriate Council and the

fishing industry—

 

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that should be undertaken to expand the application of ecosystem

principles in fishery conservation and management; and

 

`(3) such other information as may be appropriate.

 

`(e) PROCEDURAL MATTER - The advisory Panel established under this

section shall be deemed an advisory panel under Section 302(g).

 

  1. GULF OF MEXICO RED SNAPPER RESEARCH - Title IV of t he Act

(16 U.S.C. 1882) is amended by adding the following new section:

``SEC. 407, GULF OF MEXICO RED SNAPPER RESEARCH.

 

`(a) INDEPENDENT PEER REVIEW - (1) Within 30 days of the date of

enactment of the Sustainable Fisheries Act, the Secretary shall initiate

an independent peer review to evaluate –

 

`(A) the accuracy and adequacy of fishery statistics used by the Secretary

for the red snapper fishery in the Gulf of Mexico to account for all

commercial, recreational, and charter fishing harvests and fishing effort

on the stock;

 

`(B) the appropriateness of the scientific methods, information and

models used by the Secretary to assess the status and trends of the Gulf

of Mexico red snapper stock and as the basis for the fishery management

plan for the Gulf of Mexico red snapper fishery;

 

`( C) the appropriateness and adequacy of the management measures in

the fishery management plan for red snapper in the Gulf of Mexico for

conserving and managing the red snapper fishery under this Act; and

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`(D) the costs and benefits of all reasonable alternatives to an individual

fishing quota program for the red snapper fishery in the Gulf of Mexico.

 

`(2) The Secretary shall ensure that commercial, recreational, and charter

fishermen in the red snapper fishery in the Gulf of Mexico are provided

an opportunity to –

 

`(A) participate in the peer review under this subsection; and

 

`(B) provide information to the Secretary concerning the review of fishery

statistics under this subsection without being subject to penalty under

this Act or other applicable law for any past violation of a requirement to

report such information to the Secretary.

 

`(3) The Secretary shall submit a detailed written report on the findings of

the peer review conducted under this subsection to the Gulf Council no

later than one year after the date of enactment of the Sustainable

Fisheries Act.

 

`(b) PROHIBITION - In addition to the restrictions under section

303(d)(1)(A), the Gulf Council may not, prior to October 1, 2000,

undertake or continue the preparation of any fishery management plan,

plan amendment or regulation under this Act for the Gulf of Mexico

commercial red snapper fishery that creates an individual fishing quota

program or that authorizes the consolidation of licenses, permits, or

endorsements that result in different trip limits for vessels in the same

class.

 

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`(c ) REFERENDUM -

 

`(1) On or after October 1, 2000, the Gulf Council may prepare and

submit a fishery management plan, plan amendment, or regulation for

the Gulf of Mexico commercial red snapper fishery that creates an

individual fishing quota program or that authorizes the consolidation of

licenses, permits, or endorsements that result in different trip limits for

vessels in the same class, only if the preparation of such plan,

amendment, or regulation is approved in a referendum conducted under

paragraph (2) and only if the submission to the Secretary of such plan,

amendment, or regulation is approved in a subsequent referendum

conducted under paragraph (2).

 

`(2) The Secretary, at the request of the Gulf Council, shall conduct

referendums under this subsection. Only a person who held an annual

vessel permit with a red snapper endorsement for such permit on

September 1,1996 (or any person to whom such permit with such

endorsement was transferred after such date) and vessel captains who

harvested red snapper in a commercial fishery using such endorsement

in each red snapper fishing season occurring between January 1, 1993,

and such date may vote in a referendum under this subsection. The

referendum shall be decided by a majority of the votes cast. The

Secretary shall develop a formula to weigh votes based on the

proportional harvest under each such permit and endorsement and by

each such captain in the fishery between January1, 1993, and

September 1, 1996. Prior to each referendum, the Secretary, in

consultation with the Council, shall –

 

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`(A) identify and notify all such persons holding permits with red

snapper endorsements and all such vessel captains; and

 

`(B) make available to all such persons and vessel captains information

about the schedule, procedures, and eligibility requirements for the

referendum and the proposed individual fishing quota program.

 

`(d) CATCH LIMITS - Any fishery management plan, plan amendment, or

regulation submitted by the Gulf Council for the red snapper fishery after

the date of enactment of the Sustainable Fisheries Act shall contain

conservation and management measures that—

 

`(1) establish separate quotas for recreational fishing (which, for the

purposes of this subsection shall include charter fishing) and commercial

fishing that, when reached, result in a prohibition on the retention of

fish caught during recreational fishing and commercial fishing,

respectively, for the remainder of the fishing year, and

 

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