Paragraph (3) specifies the minimum subject-matter content for an application for such permits. Paragraph (4) provides that the Secretary of State shall, when satisfied that a permit application complies with these content requirements, publish the application in the Federal Register and transmit it to the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, the appropriate Regional Fishery Management Councils, and desig nated committees of Congress. Within 45 days after it receives such an application, the applicable Regional Fishery Management Council may comment, as it deems appropriate regarding the application (para. (5)). Such comments may include recommendations regarding approval and suggested conditions and restrictions on the fishing contemplated by the application.

The Secretary of Commerce is required to consult with the Secretary of State and the Secretary of the department in which the Coast Guard is operating about each such application. After taking into consideration the views and recommendations of these officers and those submitted by any of the Councils, the Secretary may approve the application if he determines that the fishing described in the application will meet the requirements of this legislation (para. (6)). After such approval the Secretary of Commerce shall establish specific conditions and restrictions which shall be included in permits issued pursuant to that application (para. (7)). Paragraph (8) directs the Secretary to transmit a copy of each approved application together with all conditions and restrictions imposed on the application to the Secretary of State, to the Coast Guard, to any Regional Fishery Management Council which has authority over any fishery specified in that application, and to designated committees of Congress. Paragraph (9) provides that the Secretary shall promptly inform the Secretary of State in the event that he does not approve such an application; the Secretary of State shall notify that nation of the disapproval and the reasons for the disapproval and shall inform that nation that it may submit a revised application at any time. "Reasonable" fees are to be paid to the Secretary of Commerce by any foreign fishing vessel for which such a permit is issued. The Secretary, in consultation with the Secretary of State, shall establish and publish a schedule of such fees. These fees must apply without discrimination with respect to any foreign nation and, in determining the amount of the fees, the Secretary may take into account the cost of management, research, administration, enforcement, etc. (para. (10)). As soon as a foreign nation notifies the Secretary of State that it accepts the conditions and restrictions established with respect to its approved application, and upon payment of the applicable fees, the Secretary shall (through the Secretary of State) issue permits for the appropriate fishing vessels of that nation (para. (11)).

Paragraph (12) deals with sanctions relating to permits issued under this subsection (i.e. under a governing international fishery agreement). If a fishing vessel of a foreign nation holding such a permit is used in the commission and any act prohibited by section 307, or if overdue criminal penalties under section 309 or overdue civil penalties under section 310 (pertaining to that vessel) have not been paid, the Secretary may revoke the permit (and may bar future per

mits for a specified number of years); may suspend the permit for an appropriate period of time; or may impose additional conditions and restrictions on all of the permits issued to the nation under whose flag in that vessel operates. The Secretary is not required to give notice or hold any kind of hearing prior to such permit revocation, suspension, or modification since a hearing will already have been held to determine whether the vessel was in fact used in the commission of a prohibited act (or in the assessment of a civil penalty under section 308 (a) or the imposition of a criminal penalty under section 309). If a permit is suspended for nonpayment of a civil penalty, the permit must be reinstated upon payment of that penalty plus interest.

Section 204 (c) is the comparable subsection with respect to fishing subject to exclusive U.S. fishery management authority pursuant to an existing international fishery agreement or treaty, to cover the period until that agreement expires or that treaty is renegotiated and is replaced by a governing international fishery agreement under section 201(c). Each fishing vessel of a foreign nation fishing under such an existing agreement or treaty will be issued a "registration permit," upon application, if it wishes to engage in any fishing within the fishery conservation zone of the United States or for anadromous species or Continental Shelf fishery resources of the U.S. beyond that zone. Each registration permit shall set forth the terms and conditions of the international fishery agreement or treaty involved. A registration permit is also subject to the requirement that it be prominently displayed in the wheelhouse of the fishing vessel for which it is issued. The Secretary of State, after consulting with the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications may be made for registration permits, and the form thereof. Fees may be charged for registration permits, but the cost may not exceed the administrative cost of issuing them.

Section 205. Import prohibitions

This section directs the Secretary of State and the Secretary of the Treasury, respectively, to take certain actions in the event the Secretary of State finds that any foreign nation (1) refuses to negotiate or fails to negotiate in good faith to achieve an agreement with the United States, pursuant to which United States fishing vessels could continue to fish for fish subject to such foreign nation's fishery management jurisdiction in accordance with their fishing practices and under conditions and restrictions equivalent to the conditions and restrictions prescribed by the United States for foreign fishing vessels; (2) refuses to allow U.S. fishing vessels to engage in fishing for highly migratory species in accordance with an applicable international fishery agreement; (3) fails to comply with its obligations under any existing agreement concerning fishing by United States fishing vessels for fish subject to such foreign nation's fishery management jurisdiction; or (4) seizes any vessel of the United States while it is fishing in waters beyond that foreign nation's territorial sea under circumstances not recognized by the United States or authorized under international law or an agreement with the United States. In any such case, the Secretary of State shall certify such determination to the Secretary of the Treasury. Upon receipt of such a certification, the Secretary of the Treasury shall immediately impose import restric

tions on fish and fish products from the foreign fishery involved or, upon the Secretary of State's recommendation, on other fish or fish products of such foreign nation. Such a prohibition on imports shall be removed when the Secretary of State finds and notifies the Secretary of the Treasury that the reasons for the imposition of such prohibition no longer prevail. This section follows from a provision in the House bill.

It is the intent of the committee of conference that, for purposes of an import prohibition under this section, all fish which are caught by fishing vessels of the United States are fish or fish products of the United States (regardless of where such fish are caught or off-loaded) and not fish or fish products of the foreign nation involved. Naturally, the owner or operator of such United States flag vessels would be expected to assist the Secretary of the Treasury in identifying fish or fish products as fish caught by the United States flag vessels.

TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM Section 301. National standards for fishery conservation and manage

ment

This section requires that fishery management plans prepared under this Act and regulations promulgated to carry out such plans be consistent with seven specified national standards for fishery conservation and management. These standards, or basic objectives for a viable conservation and management program for the Nation's fishery resources, are designed to assure that management plans and regulations take into account the variability of fish resources, the individuality of fishermen, the needs of consumers, and the obligations to the general public, now and in generations to come. The first of these national standards is regarded by the conferees as being of particular importance. It declares that conservation and management measures shall be designed, implemented, and enforced to prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery The term "optimum" is defined in this context (in section 3(18)) to mean the amount of fish from a fishery which, if produced, will pro vide the greatest overall benefit to the Nation (especially in terms of food production and recreational opportunities) and which is pre scribed for that fishery on the basis of the maximum yield sustainabl there from (a biological measure) as modified by any relevant eco nomic, social, or ecological factor. Except for technical drafting and clarifying changes, this requirement and these standards are the sam as those set forth in both the House bill and the Senate amendment Subsection (b) of this section follows the Senate amendment i directing the Secretary of Commerce to establish guidelines, based o these national standards, to assist in the development of fishery man agement plans. In establishing these guidelines, the Secretary shal coordinate the work of the Department of Commerce with formal an informal participation by industry representatives and other know edgeable and interested individuals.

Section 302. Regional fishery management councils

This section directs the establishment, within 120 days after the dai of enactment of this legislation, of eight Regional Fishery Manag

ment Councils, as previously described in the "Summary and Description" part of this statement. The House bill and the Senate amendment each provide for the establishment of only seven such councilsthe House bill did not provide for a separate Caribbean Council and the Senate amendment did not provide for a separate New England Council. The conference substitute includes both as separate entities, for a total of eight such councils.

Although similar in structure, purpose, and function, the eight Fishery Management Councils vary in size in terms of the total number of voting members and the number appointed by the Secretary from lists of qualified individuals recommended by the Governors of the constituent States, as follows: New England Council (17; 11); Mid-Atlantic Council (19; 12); South Atlantic Council (13; 8); Caribbean Council (7; 4); Gulf Council (17; 11); Pacific Council (13; 8); North Pacific Council (11; 7, 5 of whom shall be appointed from Alaska and 2 from Washington); Western Pacific Council (11; 7). The voting members appointed by the Secretary from lists of qualified individuals shall serve for 3-year terms, except that the terms of the initial such members shall be staggered. The voting members of the Councils who are not government employees shall be compensated on a daily basis at the GS-18 rate and all voting and certain nonvoting members shall be reimbursed for actual expenses incurred in the performance of duties for the Councils.

Each council shall conduct all meetings and hearings within the geographical area of concern. In the case of the North Pacific Council "in geographical areas of concern" means within the State of Alaska.

Council decisions shall be by majority vote of the members present and voting, with a majority of the voting members constituting a quorum. The voting members of each Council shall select one of their number to serve as Chairman, and each Council shall meet at the call of its Chairman or by request of a majority of its voting members. In case of disagreement, a disagreeing Council member may submit a statement thereof, with reasons, to the Secretary. Each Council is authorized to appoint and obtain staff and administrative support and other services, and it is charged to determine, prescribe, and publish its organization, practices, and procedures. Each Council is directed to establish a scientific and statistical committee and such other advisory panels as are necessary or appropriate.

Each Regional Fishery Management Council is authorized and direrted, inter alia, to develop fishery management plans and amendments to such plans; to submit periodic and other reports to the Secretary of Commerce; to continually review and revise assessments as to optimum yield and allowable foreign fishing; and to conduct other necessary and appropriate activities, with respect to the management and conservation of the fisheries over which it has authority.

Each Council shall conduct public hearings with respect to the development of fishery management plans and amendments, and with respect to the administration and implementation of the provisions of this legislation. Each Council is directed to establish scientific and statistical committees and necessary advisory panels to assist in the development or amendment of any fishery management plan. Each advis

ory panel shall be composed of persons who are either actually engaged in the harvest of, or are knowledgeable and interested in the conservation and management of, the applicable fishery or group of fisheries. The regional Councils and their committees and panels should receive maximum public input. The provisions of the Federal Advisory Committee Act apply, and therefore meetings must be open to the public, with few exceptions. Each Council shall conduct all meetings and hearings within its geographical area of concern. In the case of the North Pacific Council, "in the geographical area of concern" means within the State of Alaska.

The foregoing provisions follow the House bill or the Senate amendment, or both.

Section 303. Contents of fishery management plans

This section specifies the contents of a fishery management plan. Each fishery management plan is required to include, with respect to the fishery involved

(1) necessary management measures governing foreign and domestic fishing, which must be consistent with the national standards and other applicable law;

(2) a complete description of the fishery, including gear, species, location, management costs, revenue, recreational interests, and existing foreign and Indian harvesting rights;

(3) an assessment and specification of the fishery's present condition, probable future condition, maximum sustainable vield, and optimum yield, and an assessment and specification of the capacity and desire of the U.S. fishing fleet to harvest this optimum yield and the portion of this optimum yield which will not be so harvested and can be made available to foreign fleets;

(4) specification of pertinent statistics which must be submitted to the Secretary on fishing effort, gear, species taken, and locations of activity; and

In addition, Councils may, at their discretion, include

(1) a permit requirement for each vessel engaged in the fishery;

(2) designations of the manner in which fishing shall be limited by zones, vessels, or gear;

(3) catch limitations based on area, species, size, number, weight, sex, or other criteria;

(4) prohibitions on types of gear, vessels, or equipment, and requirements for utilization of devices facilitating enforcement: (5) to the extent practicable, measures for conservation and management presently employed by the nearest States:

(6) creation of a limited entry system, based on past participation, economic dependence, existing investments, and other factors, provided that a majority of the Council Members present and voting (of the Council concerned) agree; and

(7) any other provisions which are determined to be necessary for the conservation and management of the fishery.

Councils may also propose regulations necessary to implement fish ery management plans.