Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006 - Amends the Magnuson-Stevens Fishery Conservation and Management Act (the Act) to authorize appropriations for the national fishery management program through FY2012.
Revises provisions under the Act with respect to: (1) regional fishery management councils; (2) fishery management plan requirements; and (3) environmental review of fishery management plans.
Establishes: (1) limited access privilege programs to harvest fish; (2) Western Pacific regional marine education and training programs; (3) a regional economic transition program for fishermen affected by a catastrophic fishery disaster; (4) a shrimp fisheries hurricane assistance program for the Gulf of Mexico; (5) a bycatch reduction engineering program to minimize bycatch mortality; (6) a community-based fishery and coastal habitat restoration program; and (7) a national fishery permitting and registration program
Increases both civil and criminal penalties for certain prohibited acts under U.S. fishery law. Sets forth a criminal penalty for a person who uses a weapon in the commission of such acts.
National Fishing Fleet Vision, Implementation, and Management Act - Establishes: (1) a National Task Force on Sustainable Fishery Capacity to develop guidance for the development of Sustainable Fishery Vision, Implementation, and Management Plans; (2) a regionally based registry program for recreational fishermen; (3) a cooperative research and management program; (4) a Fisheries Conservation and Management Fund; and (5) a deep sea coral research and technology program.
Reauthorizes certain fisheries Acts through FY2010.
Requires the Secretary to identify a nation's vessels that have engaged in illegal, unreported, or unregulated fishing (including relevant international fishery management organizations that have failed to implement effective measures to end such activities), or that have engaged in fishing practices beyond the exclusive economic zone that result in bycatch of a protected living marine resource, and to encourage them to take appropriate corrective actions or to enter into bilateral treaties to end such offending activities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5051 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5051
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2007 through 2012, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2006
Mr. Gilchrest (for himself, Mr. Bartlett of Maryland, Mr. Farr, Mr.
Ehlers, Mr. Shays, Mr. Leach, and Mr. Castle) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2007 through 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Magnuson-Stevens
Fishery Conservation and Management Amendments Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Authorization of appropriations.
TITLE I--SUSTAINABLE FISHERIES MANAGEMENT
Subtitle A--Amendments
Sec. 101. Cumulative impacts.
Sec. 102. Regional Fishery Management Councils.
Sec. 103. Fishery management plan requirements.
Sec. 104. Fishery management plan discretionary provisions.
Sec. 105. Limited access privilege programs.
Sec. 106. Action by Secretary on fishery management plans and
amendments to plans.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Joint enforcement agreements.
Sec. 110. Transition to sustainable fisheries.
Sec. 111. Regional coastal disaster assistance, transition, and
recovery program.
Sec. 112. Fishery finance program hurricane assistance.
Sec. 113. Shrimp fisheries hurricane assistance program.
Sec. 114. Bycatch reduction engineering program.
Sec. 115. Ecosystem management.
Sec. 116. Community-based restoration program for fishery and coastal
habitats.
Sec. 117. Prohibited acts.
Sec. 118. Cooperative restoration projects.
Sec. 119. Enforcement.
Sec. 120. Fishery permitting and registration programs.
Sec. 121. Bycatch.
Subtitle B--Collaborative Strategic Planning
Sec. 131. Short title.
Sec. 132. Definitions.
Sec. 133. Program to achieve sustainable fisheries through
collaborative strategic planning processes.
Sec. 134. National Task Force on Sustainable Fishery Capacity.
Sec. 135. Sustainable Fishery Vision, Implementation, and Management
Plans.
Sec. 136. Priority implementation.
Sec. 137. Total allowable level of foreign fishing.
TITLE II--INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Restoration study.
Sec. 206. Fisheries conservation and management fund.
Sec. 207. Use of fishery finance program and capital construction fund
for sustainable purposes.
Sec. 208. Deep sea coral research and technology program.
Sec. 209. Impact of turtle excluder devices on shrimping.
Sec. 210. Hurricane effects on shrimp and oyster fisheries and
habitats.
TITLE III--OTHER FISHERIES STATUTES
Sec. 301. Reauthorization of other fisheries Acts.
TITLE IV--INTERNATIONAL
Sec. 401. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 402. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 403. Rebuilding depleted fisheries.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is amended--
(1) by amending paragraph (6) to read as follows:
``(6) A national program for the conservation and
management of the fishery resources of the United States is
necessary to prevent overfishing, to rebuild depleted stocks,
to protect the ecosystems associated with those fishery
resources, to insure conservation, to facilitate long-term
protection of essential fish habitats, and to realize the full
potential of the Nation's fishery resources.'';
(2) in paragraph (8) by inserting ``and associated
ecosystems'' after ``fishery resources''; and
(3) by adding at the end the following:
``(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating ecosystem
considerations in fisheries management using the existing
authorities provided under this Act.''.
(b) Other Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (4) the following:
``(4A) The term `confidential information' means--
``(A) trade secrets; or
``(B) commercial or financial information the
disclosure of which is likely to result in substantial
harm to the competitive position of the person who
submitted the information to the Secretary.'';
(2) by inserting after paragraph (8) the following:
``(8A) The term `depleted' means a fishery the abundance of
which is at or below a level that jeopardizes the capacity of
the fishery to produce maximum sustainable yield on a
continuing basis.'';
(3) by inserting after paragraph (13) the following:
``(13A) The term `regional fishery association' means an
association formed for the mutual benefit of members--
``(A) to meet social and economic needs in a region
or subregion; and
``(B) comprised of persons engaging in the harvest
or processing of fishery resources in that specific
region or subregion or who otherwise own or operate
businesses substantially dependent upon a fishery.'';
(4) by inserting after paragraph (20) the following:
``(20A) The term `import'--
``(A) means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce
into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing,
or introduction constitutes an importation within the
meaning of the customs laws of the United States; but
``(B) does not include any activity described in
subparagraph (A) with respect to fish caught in the
exclusive economic zone or by a vessel of the United
States.'';
(5) by inserting after paragraph (23) the following:
``(23A) The term `limited access privilege'--
``(A) means a Federal permit, issued as part of a
limited access system under section 303A to harvest a
quantity of fish that may be received or held for
exclusive use by a person; and
``(B) includes an individual fishing quota; but
``(C) does not include community development quotas
as described in section 305(i).'';
(6) by inserting after paragraph (27) the following:
``(27A) The term `observer information' means any
information collected, observed, retrieved, or created by an
observer or electronic monitoring system pursuant to
authorization by the Secretary, or collected as part of a
cooperative research initiative, including fish harvest or
processing observations, fish sampling or weighing data, vessel
logbook data, vessel or processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''; and
(7) in paragraph (29) by striking ``terms `overfishing' and
`overfished' Mean'' and inserting ``term `overfishing' means''.
(c) Redesignation.--Paragraphs (1) through (45) of section 3 (16
U.S.C. 1802), as amended by subsection (a), are redesignated as
paragraphs (1) thorough (50), respectively.
(d) Conforming Amendments.--
(1) The following provisions of the Act are amended by
striking ``an individual fishing quota'' and inserting ``a
limited access privilege'':
(A) Section 402(b)(1)(D) (16 U.S.C.
1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.
1883(a)(1)(D); (c)(1)).
(2) The following provisions of the Act are amended by
striking ``individual fishing quota'' and inserting ``limited
access privilege'':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C.
1854(d)(2)(A)(i)).
(C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual fishing quotas,'' and inserting ``limited
access privileges,''.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Traditional Participation.--For fisheries being managed under
an international fisheries agreement to which the United States is a
party, Council or Secretarial action, if any, shall reflect traditional
participation in the fishery, relative to other Nations, by fishermen
of the United States on fishing vessels of the United States.
``(c) Promotion of Stock Management.--If a relevant international
fisheries organization does not have a process for developing a formal
plan to rebuild a depleted stock or a stock that is approaching a
condition of being depleted, the provisions of this Act in this regard
shall be communicated to and promoted by the United States in the
international or regional fisheries organization.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the provisions of this Act--
``(1) $328,004,000 for fiscal year 2007; and
``(2) such sums as may be necessary for fiscal years 2008
through 2012.''.
TITLE I--SUSTAINABLE FISHERIES MANAGEMENT
Subtitle A--Amendments
SEC. 101. CUMULATIVE IMPACTS.
(a) National Standards.--Section 301(a) (16 U.S.C. 1851(a)) is
amended--
(1) in paragraph (1), by inserting ``commercial and
recreational'' before ``fishing industry''; and
(2) in paragraph (8), by inserting ``by utilizing economic
and social data and assessment methods based on the best
economic and social information available,'' after ``fishing
communities''.
(b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is
amended by striking ``describe the likely effects, if any, of the
conservation and management measures on--'' and inserting ``analyze the
likely effects, if any, including the cumulative economic and social
impacts, of the conservation and management measures on, and possible
mitigation measures for--''.
SEC. 102. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the
following:
``(D) The tribal representative appointed under subparagraph (A)
may designate as an alternate, during the period of the
representative's term, an individual knowledgeable concerning tribal
rights, tribal law, and the fishery resources of the geographical area
concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes
paragraph (2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) Each Council shall establish, maintain, and
appoint the members of a scientific and statistical committee
to assist it in the development, collection, evaluation, and
peer review of such statistical, biological, economic, social,
and other scientific information as is relevant to such
Council's development and amendment of any fishery management
plan.
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch or maximum sustainable yield, and optimum
yield, and reports on stock status and health, bycatch, seabird
bycatch, habitat status, socioeconomic impacts of management
measures, and sustainability of fishing practices.
``(C) Members appointed by the Councils to the scientific
and statistical committees--
``(i) shall be Federal employees, State
employees, academicians, or independent experts
with strong scientific or technical credentials
and experience; and
``(ii) shall be individuals who have
demonstrated scientific expertise in fisheries
science or marine ecology, or demonstrated
expertise in economics or social science as it
relates to fisheries management, and have no
direct financial interest or are not employed
by any person with a direct financial interest
in any fishery.
``(D) The Secretary, jointly with the Councils, shall
establish a peer review process for scientific information used
to advise the Councils about the conservation and management of
a fishery. The review process, which may include existing
committees or panels, is deemed to satisfy the requirements of
the guidelines issued pursuant to section 515 of the Treasury
and General Government Appropriations Act for Fiscal year 2001
(Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
``(E) In addition to the provisions of subsection (f)(7),
the Secretary shall pay a stipend to members of the scientific
and statistical committees or advisory panels who are not
employed by the Federal government or a State marine fisheries
agency.
``(F) Each Council shall require that the membership of its
scientific and statistical committee or other appropriate
scientific or peer review committee be represented at all
Council meetings.'';
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) recommend to the Secretary annual catch limits for
each of its managed fisheries, that are at or below the optimum
yield, as recommended by its scientific and statistical
committee; and''.
(d) Voting Members.--Section 302 (16 U.S.C. 1852) is amended--
(1) in subsection (b)(2)(A)--
(A) in the first sentence by inserting before the
period the following: ``, and must not have been found
by the Secretary, after notice and an opportunity for a
hearing in accordance with section 554 of title 5,
United States Code, to have committed an act prohibited
by subparagraph (D), (E), (F), (H), (I), or (L) of
section 307(1) or section 307(2).''; and
(B) in the second sentence by striking ``Fishery
Conservation Amendments of 1990'' and inserting
``Magnuson-Stevens Fishery Conservation and Management
Amendments Act of 2006'';
(2) in subsection (b)(2)(B)--
(A) in the first sentence by striking ``of the
active'' and inserting ``among the active'';
(B) by striking the period at the end of the first
sentence and inserting the following: ``and
representatives of the marine conservation public
interest sector and academic sector who are
knowledgeable regarding the conservation and management
of the fishery resources of the geographic area
concerned.''; and
(C) by striking ``Merchant Marine and Fisheries''
and inserting ``Resources''; and
(3) in subsection (b)(2)(C) by striking the third sentence
and inserting the following: ``Each list shall consist of a
broad slate of candidates for each vacancy, shall include at
least two representatives from each of the commercial fishing
industry sector, the recreational fishing sector, and the
marine conservation public interest sector and academic sector,
and shall consist solely of individuals who are knowledgeable
regarding the conservation and management of the fishery
resources of the geographical area concerned. The third
sentence of this subparagraph shall not apply to the Gulf of
Mexico Fishery Management Council.''.
(e) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at
the end the following:
``(k) Council Training Program.--
``(1) Training course.--Within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Amendments Act of 2006, the Secretary, in
consultation with the Councils and the National Sea Grant
College Program, shall develop a training course for newly
appointed Council members. The course may cover a variety of
topics relevant to matters before the Councils, including--
``(A) fishery science and basic stock assessment
methods;
``(B) basic instruction in principles of ecology;
``(C) fishery management techniques, data needs,
and Council procedures;
``(D) social science and fishery economics;
``(E) tribal treaty rights and native customs,
access, and other rights related to Western Pacific
indigenous communities;
``(F) legal requirements of this Act, including
conflict of interest and disclosure provisions of this
section and related policies;
``(G) other relevant legal and regulatory
requirements, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(H) public process for development of fishery
management plans; and
``(I) other topics suggested by the Council.
``(2) Member training.--
``(A) Training course.--The training course under
paragraph (1) shall be available to both new and
existing Council members, and may be made available to
committee or advisory panel members and members of the
public as resources allow.
``(B) Updated and advanced information for existing
council members.--The Secretary may also provide
training for existing Council members regarding updated
information on scientific and regional issues.
``(l) Council Coordination Committee.--The Councils may establish a
Council coordination committee consisting of the chairs, vice chairs,
and executive directors of each of the 8 Councils described in
subsection (a)(1), or other Council members or staff, in order to
discuss issues of relevance to all Councils, including issues related
to the implementation of this Act.''.
(f) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is
amended--
(1) in paragraph (1) by striking ``to the Councils or to
the scientific and statistical committees or advisory panels
established under subsection (g).'' and inserting ``to the
Councils, the Council coordination committee established under
subsection (l), or to the scientific and statistical committees
or other committees or advisory panels established under
subsection (g).'';
(2) in paragraph (2) by striking ``of a Council, and of the
scientific and statistical committee and advisory panels
established under subsection (g):'' and inserting ``of a
Council, of the Council coordination committee established
under subsection (l), and of the scientific and statistical
committees or other committees or advisory panels established
under subsection (g):''; and
(3) in paragraph (3)(A) by inserting ``the Council
Coordination Committee established under subsection (1),''
after ``Council,''; and
(4) in paragraph (3)(A) by inserting ``other Council
committee,'' after ``committee,''.
(g) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is
amended--
(1) by inserting ``lobbying, advocacy,'' after
``processing,'' in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to any other
individual or organization with a financial interest in such
activity.'';
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
``(B) be kept on file by the Council and made available on
the Internet and for public inspection at the Council offices
during reasonable times; and''; and
(4) by adding at the end the following:
``(9) On January 1, 2008, and annually thereafter, the Secretary
shall submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Resources
on action taken by the Secretary and the Councils to implement the
disclosure of financial interest and recusal requirements of this
subsection.''.
(h) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2)
(16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Secretary shall appoint to the Gulf of Mexico
Fisheries Management Council--
``(I) 5 representatives of the commercial fishing sector;
``(II) 5 representatives of the recreational fishing and
charter fishing sectors; and
``(III) 1 other individual who is knowledgeable regarding
the conservation and management of fisheries resources in the
jurisdiction of the Council.
``(ii) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the Gulf of
Mexico Fisheries Management Council under subparagraph (C) shall
include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
``(iii) If the Secretary determines that the list of names
submitted by the Governor does not meet the requirements of clause
(ii), the Secretary shall--
``(I) publish a notice in the Federal Register asking the
residents of that State to submit the names and pertinent
biographical data of individuals who would meet the requirement
not met for appointment to the Council; and
``(II) add the name of any qualified individual submitted
by the public who meets the unmet requirement to the list of
names submitted by the Governor.
``(iv) For purposes of clause (ii), an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial fishing sector.''.
(i) Report and Recommendations on Gulf Council Amendment.--
(1) In general.--Before August 2011, the Secretary of
Commerce, in consultation with the Gulf of Mexico Fisheries
Management Council, shall analyze the impact of the amendment
made by subsection (h) and determine whether section
302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair
and balanced apportionment of the active participants in the
commercial and recreational fisheries under the jurisdiction of
the Council.
(2) Report.--By no later than August 2011, the Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources setting forth the Secretary's findings
and determination, including any recommendations for
legislative or other changes that may be necessary to achieve
such a fair and balanced apportionment, including whether to
renew the authority.
SEC. 103. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) striking ``and charter fishing'' in paragraph (5) and
inserting ``charter fishing, and fish processing'';
(2) by inserting ``economic information necessary to meet
the requirements of this Act,'' in paragraph (5) after ``number
of hauls,'';
(3) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including their
economic impact,'';
(4) by striking ``and'' after the semicolon in paragraph
(13);
(5) by striking ``allocate'' in paragraph (14) and
inserting ``allocate, taking into consideration the economic
impact of the harvest restrictions or recovery benefits on the
fishery participants in each sector,'';
(6) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and''; and
(7) by adding at the end the following:
``(15)(A) specify, in the plan or implementing regulations,
annual catch limits that are recommended by the Council or
established by the Secretary based on the best scientific
information available at a level that does not exceed optimum
yield; and
``(B) require that the amount of any harvest exceeding the
specified annual catch limit shall be deducted from the
following year's annual catch limit.''.
(b) Effective Date.--The amendments made by subsection (a)(5) shall
take effect 2 years after the date of enactment of this Act.
(c) Ending Overfishing.--
(1) Substitution of term.--The Act is amended--
(A) by striking ``overfished'' each place it
appears (other than in subsection (a) of section 3 of
the Act (16 U.S.C. 1802), as amended by this Act) and
inserting ``depleted''; and
(B) in the heading for section 304(e) (16 U.S.C.
1854(e)) by striking ``Overfished'' and inserting
``Depleted''.
(2) Required provisions of fishery management plans.--
Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is amended to read
as follows:
``(10) specify objective and measurable criteria for
identifying when the fishery to which the plan applies is
depleted or being subjected to overfishing (with an analysis of
how the criteria were determined and the relationship of the
criteria to the reproductive potential of stocks of fish in
that fishery);''.
(3) Action by secretary.--Section 304(e)(4)(A)(i) (16
U.S.C. 1854(e)(4)(A)(i)) is amended to read as follows:
``(i) be as short as possible, not to
exceed one year unless otherwise provided for
under an international agreement in which the
United States participates, taking into account
the status and biology of any depleted stocks
of fish, the needs of fishing communities,
recommendations by international organizations
in which the United States participates, and
the interaction of the depleted stock of fish
within the marine ecosystem; and''.
(d) Proposed Regulations.--Section 303(c) (16 U.S.C. 1853(c)) is
amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) implementing conservation and management measures
under a fishery ecosystem plan under subsection (e)(3) may be
submitted at any time after the Council adopts the fishery
ecosystem plan.''.
SEC. 104. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
(2) by inserting ``and'' after the semicolon at the end of
paragraph (2)(A) (as designated by subparagraph (A) of this
paragraph);
(3) by inserting at the end of paragraph (2) the following:
``(B) designate such zones in areas where deep sea corals
are identified under section 408, to protect deep sea corals
from physical damage from fishing gear or to prevent loss or
damage to such fishing gear from interactions with deep sea
corals, after considering long-term sustainable uses of fishery
resources in such areas;'';
(4) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) the conservation requirements of this Act
with respect to the fishery;
``(B) present participation in the fishery;
``(C) historical fishing practices in, and
dependence on, the fishery;
``(D) the economics of the fishery;
``(E) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(F) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(G) the fair and equitable distribution of access
privileges to a public resource; and
``(H) any other relevant considerations;'';
(5) by striking ``(other than economic data)'' in paragraph
(7);
(6) by striking ``and'' after the semicolon in paragraph
(11); and
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) establish a process for complying with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to
section 304(h) of this Act;
``(13) include management measures in the plan to conserve
target and non-target species and habitats, considering the
variety of ecological factors affecting fishery populations;
and''.
SEC. 105. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Amendments Act of 2006, a
Council may submit, and the Secretary may approve, for a fishery that
is managed under a limited access system, a limited access privilege
program to harvest fish if the program meets the requirements of this
section.
``(b) No Creation of Right, Title, or Interest.--A limited access
system, limited access privilege, quota share, or other authorization
established, implemented, or managed under this Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation for failure to
comply with the terms of the plan or if the system is found to
have jeopardized the sustainability of the stock or the safety
of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or other
such limited access system authorization if it is revoked,
limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish is
harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to engage
in activities permitted by such limited access privilege or
quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--In addition to complying with the other
requirements of this Act, any limited access privilege program
to harvest fish submitted by a Council or approved by the
Secretary under this section shall--
``(A) if established in a fishery that is depleted
or subject to a rebuilding plan, assist in its
rebuilding; and
``(B) if established in a fishery that is
determined by the Secretary or the Council to have
over-capacity, contribute to reducing capacity;
``(C) promote--
``(i) the safety of human life at sea; and
``(ii) the conservation and management of
the fishery;
``(D) prohibit any person other than a United
States citizen, a corporation, partnership, or other
entity established under the laws of the United States
or any State, or a permanent resident alien, that meets
the eligibility and participation requirements
established in the program from acquiring a privilege
to harvest fish;
``(E) require that all fish harvested under a
limited access privilege program be processed by
vessels of the United States, in United States waters,
or on United States soil (including any territory of
the United States).
``(F) specify the goals of the program;
``(G) include provisions for the regular monitoring
and review by the Council and the Secretary of the
operations of the program, including determining
progress in meeting the goals of the program and this
Act, and any necessary modification of the program to
meet those goals, with a formal and detailed review 5
years after the establishment of the program and every
5 years thereafter;
``(H) include an effective system for enforcement,
monitoring, and management of the program, including
the use of observers;
``(I) include an appeals process for administrative
review of determinations with respect to the
Secretary's decisions regarding administration of the
limited access privilege program;
``(J) provide for the establishment by the
Secretary, in consultation with the Department of
Justice and the Federal Trade Commission, for an
information collection and review process to provide
any additional information needed by the Department of
Justice and the Federal Trade Commission to determine
whether any illegal acts of anti-competition, anti-
trust, price collusion, or price fixing have occurred
among regional fishery associations or persons
receiving limited access privileges under the program;
and
``(K) provide for the revocation by the Secretary
of limited access privileges held by any person found
to have violated the antitrust laws of the United
States.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(E) if the Secretary determines that--
``(A) the fishery has historically processed the
fish outside of the United States; and
``(B) the United States has a seafood safety
equivalency agreement with the country where processing
will occur (or other assurance that seafood safety
procedures to be used in such processing are equivalent
or superior to the applicable United States seafood
safety standards).
``(3) Fishing communities.--
``(A) In general.--
``(i) Eligibility.--To be eligible to
participate in a limited access privilege
program to harvest fish, a fishing community
shall--
``(I) be located within the
management area of the relevant
Council;
``(II) meet criteria developed by
the relevant Council, approved by the
Secretary, and published in the Federal
Register;
``(III) consist of residents who
conduct commercial or recreational
fishing, processing, or fishery-
dependent support businesses within the
Council's management area; and
``(IV) develop and submit a
community sustainability plan to the
Council and the Secretary that
demonstrates how the plan will address
the social and economic development
needs of fishing communities, including
those that have not historically had
the resources to participate in the
fishery, for approval based on criteria
developed by the Council that have been
approved by the Secretary and published
in the Federal Register.
``(ii) Failure to comply with plan.--The
Secretary shall deny limited access privileges
granted under this section for any person who
fails to comply with the requirements of the
plan.
``(B) Participation criteria.--In developing
participation criteria for eligible communities under
this paragraph, a Council shall consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of
projected economic and social impacts
associated with implementation of limited
access privilege programs on harvesters,
captains, crew, processors, and other
businesses substantially dependent upon the
fishery in the region or subregion;
``(v) the expected effectiveness,
operational transparency, and equitability of
the community sustainability plan; and
``(vi) the potential for improving economic
conditions in remote coastal communities
lacking resources to participate in harvesting
or processing activities in the fishery.
``(4) Regional fishery associations.--
``(A) In general.--To be eligible to participate in
a limited access privilege program to harvest fish, a
regional fishery association shall--
``(i) be located within the management area
of the relevant Council;
``(ii) meet criteria developed by the
relevant Council, approved by the Secretary,
and published in the Federal Register;
``(iii) be a voluntary association with
established by-laws and operating procedures
consisting of participants in the fishery,
including commercial or recreational fishing,
processing, fishery-dependent support
businesses, or fishing communities; and
``(iv) develop and submit a regional
fishery association plan to the Council and the
Secretary for approval based on criteria
developed by the Council that have been
approved by the Secretary and published in the
Federal Register.
``(B) Failure to comply with plan.--The Secretary
shall deny limited access privileges granted under this
section for any person who fails to comply with the
requirements of the plan.
``(C) Participation criteria.--In developing
participation criteria for eligible regional fishery
associations under this paragraph, a Council shall
consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of
projected economic and social impacts
associated with implementation of limited
access privilege programs on harvesters,
captains, crew, processors, and other
businesses substantially dependent upon the
fishery in the region or subregion, upon the
administrative and fiduciary soundness of the
association and its by-laws; and
``(v) the expected effectiveness,
operational transparency, and equitability of
the fishery association plan.
``(5) Allocation.--In developing a limited access privilege
program to harvest fish a Council or the Secretary shall--
``(A) establish procedures to ensure fair and
equitable initial allocations, including consideration
of--
``(i) current and historical harvests;
``(ii) employment in the harvesting and
processing sectors;
``(iii) investments in, and dependence
upon, the fishery; and
``(iv) the current and historical
participation of fishing communities;
``(B) to the extent practicable, consider the basic
cultural and social framework of the fishery,
especially through the development of policies to
promote the sustained participation of small owner-
operated fishing vessels and fishing communities that
depend on the fisheries, including regional or port-
specific landing or delivery requirements;
``(C) include measures to assist, when necessary
and appropriate, entry-level and small vessel
operators, captains, crew, and fishing communities
through set-asides of harvesting allocations, including
providing privileges and, where appropriate,
recommending the provision of economic assistance in
the purchase of limited access privileges to harvest
fish;
``(D) ensure that limited access privilege holders
do not acquire an excessive share of the total limited
access privileges in the program by--
``(i) establishing a maximum share,
expressed as a percentage of the total limited
access privileges, that a limited access
privilege holder is permitted to hold,
acquired, or use; and
``(ii) establishing any other limitations
or measures necessary to prevent an inequitable
concentration of limited access privileges;
``(E) establish procedures to address geographic or
other consolidation in both the harvesting and
processing sectors of the fishery; and
``(F) authorize limited access privileges to
harvest fish to be held, acquired, or used by or issued
under the system to persons who substantially
participate in the fishery, as specified by the
Council, including, as appropriate, fishing vessel
owners, vessel captains, vessel crew members, fishing
communities, and regional fishery associations.
``(6) Program initiation.--
``(A) Limitation.--Except as provided in
subparagraph (D), a Council may initiate a fishery
management plan or amendment to establish a limited
access privilege program to harvest fish on its own
initiative or if the Secretary has certified an
appropriate petition.
``(B) Petition.--A group of fishermen constituting
more than 50 percent of the permit holders, or holding
more than 50 percent of the allocation, in the fishery
for which a limited access privilege program to harvest
fish is sought, may submit a petition to the Secretary
requesting that the relevant Council or Councils with
authority over the fishery be authorized to initiate
the development of the program. Any such petition shall
clearly state the fishery to which the limited access
privilege program would apply. For multispecies permits
in the Gulf, only those participants who have
substantially fished the species proposed to be
included in the limited access program shall be
eligible to sign a petition for such a program and
shall serve as the basis for determining the percentage
described in the first sentence of this subparagraph.
``(C) Certification by secretary.--Upon the receipt
of any such petition, the Secretary shall review all of
the signatures on the petition and, if the Secretary
determines that the signatures on the petition
represent more than 50 percent of the permit holders,
or holders of more than 50 percent of the allocation in
the fishery, as described by subparagraph (B), the
Secretary shall certify the petition to the appropriate
Council or Councils.
``(D) New england and gulf referendum.--
``(i) Except as provided in clause (iii)
for the Gulf of Mexico commercial red snapper
fishery, the New England and Gulf Councils may
not submit, and the Secretary may not approve
or implement, a fishery management plan or
amendment that creates an individual fishing
quota program, including a Secretarial plan,
unless such a system, as ultimately developed,
has been approved by more than \2/3\ of those
voting in a referendum among eligible permit
holders with respect to the New England
Council, and by a majority of those voting in
the referendum among eligible permit holders
with respect to the Gulf Council. For
multispecies permits in the Gulf, only those
participants who have substantially fished the
species proposed to be included in the
individual fishing quota program shall be
eligible to vote in such a referendum. If an
individual fishing quota program fails to be
approved by the requisite number of those
voting, it may be revised and submitted for
approval in a subsequent referendum.
``(ii) The Secretary shall conduct a
referendum under this subparagraph, including
notifying all persons eligible to participate
in the referendum and making available to them
information concerning the schedule,
procedures, and eligibility requirements for
the referendum process and the proposed
individual fishing quota program. Within 1 year
after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management
Amendments Act of 2006, the Secretary shall
publish guidelines and procedures to determine
procedures and voting eligibility requirements
for referenda and to conduct such referenda in
a fair and equitable manner.
``(iii) The provisions of section 407(c) of
this Act shall apply in lieu of this
subparagraph for an individual fishing quota
program for the Gulf of Mexico commercial red
snapper fishery.
``(iv) Chapter 35 of title 44, United
States Code, (commonly known as the Paperwork
Reduction Act) does not apply to the referenda
conducted under this subparagraph.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) establish a policy on the transferability of
limited access privilege shares (through sale or
lease), including a policy on any conditions that apply
to the transferability of limited access privilege
shares that is consistent with the policies adopted by
the Council for the fishery under paragraph (3); and
``(B) establish criteria for the approval and
monitoring of transfers (including sales and leases) of
limited access privilege shares.
``(8) Preparation and implementation of secretarial
plans.--This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(g).
``(9) Antitrust savings clause.--Nothing in this Act shall
be construed to modify, impair, or supersede the operation of
any of the antitrust laws. For purposes of the preceding
sentence, the term `antitrust laws' has the meaning given such
term in subsection (a) of the first section of the Clayton Act,
except that such term includes section 5 of the Federal Trade
Commission Act to the extent that such section 5 applies to
unfair methods of competition.
``(d) Auction and Other Programs.--In establishing a limited access
privilege program, a Council may consider, and provide for, if
appropriate, an auction system or other program to collect royalties
for the initial, or any subsequent, distribution of allocations in a
limited access privilege program if--
``(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege
shares meets the program requirements of subsection (c)(3)(A);
and
``(2) revenues generated through such a royalty program are
deposited in the Limited Access System Administration Fund
established by section 305(h)(5)(B) and available subject to
annual appropriations.
``(e) Cost Recovery.--In establishing a limited access privilege
program, a Council shall--
``(1) develop a methodology and the means to identify and
assess the management, data collection and analysis, and
enforcement programs that are directly related to and in
support of the program; and
``(2) provide, under section 304(d)(2), for a program of
fees paid by limited access privilege holders that will cover
the costs of management, data collection and analysis, and
enforcement activities.
``(f) Limited Duration.--In establishing a limited access privilege
program after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Amendments Act of 2006, a Council may
establish--
``(1) a set term after which any initial or subsequent
allocation of a limited access privilege shall expire;
``(2) different set terms within a fishery if the Council
determines that variation of terms will further management
goals; and
``(3) a mechanism under which participants in and entrants
to the program may acquire or reacquire allocations.
``(g) Limited Access Privilege Assisted Purchase Program.--
``(1) In general.--A Council may submit, and the Secretary
may approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue
obligations that aid in financing--
``(A) the purchase of limited access privileges in
that fishery by fishermen who fish from small vessels;
and
``(B) the first-time purchase of limited access
privileges in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--Nothing in
this Act, or the amendments made by the Magnuson-Stevens Fishery
Conservation and Management Amendments Act of 2006, shall be construed
to require a reallocation of individual quota shares, processor quota
shares, cooperative programs, or other quota programs, including sector
allocation, under development or submitted by a Council or approved by
the Secretary or by Congressional action before the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management Amendments
Act of 2006.''.
(b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is
amended by striking ``management and enforcement'' and inserting
``management, data collection, and enforcement''.
(c) Investment in United States Seafood Processing Facilities.--The
Secretary of Commerce shall work with the Small Business Administration
and other Federal agencies to develop financial and other mechanisms to
encourage United States investment in seafood processing facilities in
the United States for fisheries that lack capacity needed to process
fish harvested by United States vessels in compliance with the
Magnuson--Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C.
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and
all that follows and inserting ``section 305(h)(5)(B).''.
(e) Application With American Fisheries Act.--Nothing in section
303A of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), as added by subsection (a), shall be
construed to modify or supersede any provision of the American
Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et seq.).
SEC. 106. ACTION BY SECRETARY ON FISHERY MANAGEMENT PLANS AND
AMENDMENTS TO PLANS.
(a) Review of Plans and Initial Regulations.--Section 304(a) (16
U.S.C. 1854(a)) is amended to read as follows:
``(a) Review of Plans.--
``(1) Preliminary evaluation.--
``(A) Upon transmittal by the Council to the
Secretary of a fishery management plan or plan
amendment and any proposed implementing regulations
prepared under section 303(c)(1), the Secretary shall
make a preliminary evaluation of the management plan or
amendment as to whether it is sufficient in scope and
substance to warrant review under this subsection and
consistent with the national standards, the other
provisions of this Act, and other applicable laws.
``(B) If the preliminary evaluation is negative,
the Secretary shall disapprove the plan or amendment
and notify the Council, in writing, of the reasons for
the disapproval.
``(2) Notice of proposed plans, amendments, and rules.--By
the 15th day following an affirmative preliminary evaluation
under (1)(A), the Secretary shall publish in the Federal
Register--
``(A) a notice stating that the plan or amendment
is available and that written data, views, or comments
of interested persons on the plan or amendment may be
submitted to the Secretary during the 50-day period
beginning on the date the notice is published; and
``(B) any proposed implementing regulations that
the Secretary preliminarily determines to be consistent
with the fishery management plan or amendment, this
Act, and any other applicable law, subject to the
Secretary's authority to include such changes to the
Council's proposed regulations as the Secretary
believes necessary, together with an explanation of
those changes for a 50-day comment period.
``(3) Secretarial decision on plan or amendment.--
``(A) The Secretary shall approve, disapprove, or
partially approve a plan or amendment within 30 days
after the end of the commend period under paragraph (2)
by written notice to the Council.
``(B) In making this determination, the Secretary
shall--
``(i) take into account the information,
views, and comments received from interested
persons;
``(ii) consult with the Secretary of State
with respect to foreign fishing; and
``(iii) consult with the Secretary of the
department in which the Coast Guard is
operating with respect to enforcement at sea
and to fishery access adjustments referred to
in section 303(a)(5).
``(C) A notice of disapproval or partial approval
shall specify--
``(i) the applicable law with which the
plan or amendment is inconsistent;
``(ii) the nature of such inconsistencies;
and
``(iii) recommendations concerning the
actions that could be taken by the Council to
conform such plan or amendment to the
requirements of applicable law.
``(4) Disapproval or partial approval.--If the Secretary
disapproves or partially approves a plan or amendment, the
Council may submit a revised plan or amendment to the Secretary
for review under this subsection.
``(5) Accompanying regulations.--If the Secretary published
proposed implementing regulations pursuant to paragraph (2)(B),
the Secretary shall either--
``(A) publish final regulations within 45 days
after the end of the comment period under paragraph
(2)(B); or
``(B) notify the Council in writing of
inconsistencies with the plan, the amendment, this Act,
or other applicable law and provide recommendations on
revisions to cure the inconsistencies.
Upon receiving such a notification from the Secretary, the
Council may revise the regulations and resubmit them to the
Secretary for reevaluation under subsection (b).
``(6) Relationship to other law.--Fishery management plans,
fishery management plan amendments, and fishery ecosystem plans
are not rules subject to section 553 of title 5, United States
Code, and need not be codified in the Code of Federal
Regulations in accordance with chapter 15 of title 44, United
States Code.''.
(b) Review of Other Regulations.--Section 304(b) (16 U.S.C.
1854(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) Evaluation.--
``(A) Upon transmittal by the Council to the
Secretary of regulations proposed under section
303(c)(2) or (3), the Secretary shall initiate an
evaluation of the proposed regulations to determine
whether they are consistent with the fishery management
plan, this Act, and other applicable law.
``(B) If the Secretary determines that the
regulations are consistent, the Secretary shall, within
15 days after transmittal by the Council, publish such
regulations in the Federal Register, with such changes
as may be necessary and an explanation of those
changes, for a public comment period of at least 15
days and not more than 60 days.
``(C) If the Secretary determines that the
regulations are not consistent, the Secretary shall,
within 15 days after transmittal by the Council, notify
the Council in writing of the inconsistencies and
provide recommendations on revisions that would make
the proposed regulations consistent with the fishery
management plan, this Act, and other applicable law.''.
(c) Alternative Procedural Mechanisms.--Section 304 (16 U.S.C.
1854) is amended by adding at the end the following:
``(i) Alternative Procedural Mechanisms.--
``(1) In general.--
``(A) In a fishery management plan or amendment,
the Council or Secretary, as appropriate, may develop
alternative procedural mechanisms to be used in lieu of
plan amendments for implementing conservation and
management measures.
``(B) Such mechanisms may allow for abbreviated
processes for the implementation of regulations or
other actions as appropriate.
``(C) Alternative procedural mechanisms shall only
be approved or adopted for use in situations where--
``(i) the conservation and management
measure is within the scope of conservation and
management measures established in an existing
plan;
``(ii) otherwise applicable regulatory
processes are not sufficient to allow timely
and efficient implementation of the
conservation and management measure in response
to new information; and
``(iii) notice of the conservation and
management measure is provided appropriate to
the significance of the expected impacts on
affected fishery resources and on the
participants in the fishery.
``(D) Any final agency action taken pursuant to the
alternative procedural mechanism must be promptly
published in the Federal Register.
``(2) Implementing regulations.--If the alternative
procedural mechanism is approved by the Secretary pursuant to
section 304(a), or adopted by the Secretary pursuant to section
304(c) or (g) and implemented through regulations, any
regulation issued or other action taken pursuant to the
alternative procedural mechanism need not comply with the
rulemaking provisions of section 304(b), (c), or (g), or
subsections (b) through (d) of section 553 of title 5, United
States Code.''.
(d) Emergency Regulations.--Section 305(c)(3) (16 U.S.C.
1855(c)(3)) is amended--
(1) in the matter preceding subparagraph (A) by inserting
``Subsections (b) through (d) of section 553 of title 5, United
States Code, shall not apply to emergency regulations issued
pursuant to this provision.'' after ``the period in which such
regulation is in effect.'';
(2) in subparagraph (B) by striking ``180 days'' the second
time it appears and inserting ``186 days''; and
(3) in subparagraph (D) by inserting ``or interim
measures'' after ``emergency regulations''.
(e) Responsibility of the Secretary.--Section 305(d) (16 U.S.C.
1855(d)) is amended by striking subsection (d) and inserting the
following:
``(d) Responsibility of the Secretary.--
``(1) In general.--The Secretary shall have general
responsibility to carry out any fishery management plan or
amendment approved or prepared by the Secretary, in accordance
with this Act.
``(2) Regulations.--In addition to the other rulemaking
provisions of this Act, the Secretary shall promulgate such
regulations, in accordance with section 553 of title 5, United
States Code, as may be necessary to discharge such
responsibilities or to carry out any other provision of this
Act.
``(3) Guidance.--The Secretary may issue guidance to
interpret and facilitate implementation of this Act.''.
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation
with the Councils and the Council on Environmental Quality,
revise and update agency procedures for compliance with the
National Environmental Policy Act (42 U.S.C. 4231 et seq.). The
procedures shall--
``(A) conform to the time lines for review and
approval of fishery management plans and plan
amendments under this section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input,
with the procedure for the preparation and
dissemination of fishery management plans, plan
amendments, and other actions taken or approved
pursuant to this Act in order to provide for timely,
clear and concise analysis that is useful to decision
makers and the public, reduce extraneous paperwork, and
effectively involve the public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to
this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) propose revised procedures within 12 months
after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Amendments Act of
2006;
``(B) provide 90 days for public review and
comments; and
``(C) promulgate final procedures no later than 18
months after the date of enactment of that Act.
``(4) Public participation.--The Secretary is authorized
and directed, in cooperation with the Council on Environmental
Quality and the Councils, to involve the affected public in the
development of revised procedures, including workshops or other
appropriate means of public involvement.''.
SEC. 108. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B)
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' and
inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after
``emergency regulations''.
SEC. 109. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for
enforcement purposes any data or information
required to be provided under this title or
regulations under this title, including data
from Global Maritime Distress and Safety
Systems, vessel monitoring systems, or any
similar system, subject to the confidentiality
provisions of section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers with
marine law enforcement responsibilities to perform duties of
the Secretary relating to law enforcement provisions under this
title or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may enter into a
joint enforcement agreement with the requesting State.
``(2) Eligible state.--A State is eligible to participate
in the cooperative enforcement agreements under this section if
it is in, or bordering on, the Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and
intent of this section to the extent applicable to the
regulated activities;
``(B) may include specifications for joint
management responsibilities as provided by the first
section of Public Law 91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall be
fairly distributed among all eligible States participating in
cooperative enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs, the
specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State to
undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to be
withheld by the Secretary for the cost of any technical or
other assistance provided to the State by the Secretary under
the agreement.
``(i) Improved Data Sharing.--
``(1) In general.--Notwithstanding any other provision of
this Act, as soon as practicable but no later than 21 months
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Amendments Act of 2006, the
Secretary shall implement data-sharing measures to make any
data required to be provided by this Act from Global Maritime
Distress and Safety Systems, vessel monitoring systems, or
similar systems--
``(A) directly accessible by State enforcement
officers authorized under subsection (a) of this
section; and
``(B) available to a State management agency
involved in, or affected by, management of a fishery if
the State has entered into an agreement with the
Secretary under section 402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section 402(b)(1)(B)
of this Act if--
``(A) the Attorney General or highest ranking legal
officer of the State provides a written opinion or
certification that State law allows the State to
maintain the confidentiality of information required by
Federal law to be kept confidential; or
``(B) the Secretary is provided other reasonable
assurance that the State can and will protect the
identity or business of any person to which such
information relates.''.
(b) Report on Using GMDSS for Fishery Purposes.--Within 15 months
after the date of enactment of this Act, the National Marine Fisheries
Service and the Coast Guard shall transmit a joint report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Resources containing--
(1) a cost-to-benefit analysis of the feasibility, value,
and cost of using the Global Maritime Distress and Safety
Systems, vessel monitoring systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal Government bearing the capital costs
of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether the Global Maritime Distress
and Safety Systems or similar requirements would overlap
existing requirements or render them redundant;
(4) an examination of how data integration from such
systems could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these
opportunities, including the provision of direct access to the
Global Maritime Distress and Safety Systems or similar system
data to State enforcement officers, while considering the need
to maintain or provide an appropriate level of individual
vessel confidentiality where practicable; and
(6) an assessment of how the Global Maritime Distress and
Safety Systems or similar systems could be developed,
purchased, and distributed to regulated vessels.
SEC. 110. TRANSITION TO SUSTAINABLE FISHERIES.
(a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
(1) in subsection (a)(1)(B) by striking ``measures;'' and
inserting ``measures, including regulatory restrictions imposed
to protect human health or the marine environment and
judicially imposed harvest restrictions;'';
(2) in subsection (a)(4) by striking ``1996, 1997, 1998,
and 1999.'' and inserting ``2007 through 2012.'';
(3) in subsection (b)(1) by striking ``or the Governor of a
State for fisheries under State authority, may conduct a
fishing'' and inserting ``the Governor of a State for fisheries
under State authority, or a majority of permit holders in the
fishery, may conduct a voluntary fishing'';
(4) in subsection (b)(1)(B)(i) by inserting ``practicable''
after ``entrants,'';
(5) in subsection (b)(1)(C) by striking ``cost-effective
and'' and inserting ``cost-effective and, in the instance of a
program involving an industry fee system, prospectively, and'';
(6) in subsection (b)(1) by striking ``and'' after the
semicolon at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``; and'',
and by adding at the end the following:
``(D) if implemented under paragraph (2)(B),
includes measures that will prevent an increase in
fishing capacity or effort in other fisheries,
including a moratorium on new entrants, practicable
restrictions on vessel upgrades, and other effort
control measures.'';
(7) in subsection (b)(2) by striking subparagraph (A) and
inserting the following:
``(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the fishery is
surrendered for permanent revocation and the vessel owner and
permit holder relinquish any claim associated with the vessel
or permit that could qualify such owner or holder for any
present or future limited access system permit in the fishery
for which the program is established and such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions (including loss of the vessel's fisheries
endorsement) that permanently prohibit and effectively prevent
its use in fishing in federal or state waters, or fishing on
the high seas or in the waters of a foreign nation; or'';
(8) in subsection (b)(4) by striking ``The Secretary shall
consult, as appropriate, with Councils,'' and inserting ``The
harvester proponents of each program and the Secretary shall
consult, as appropriate and practicable, with Councils,'';
(9) in subsection (d)(1)(A) by striking ``Secretary, at the
request of the appropriate Council,'' and inserting
``Secretary'';
(10) in subsection (d)(1)(A) by striking ``Secretary, in
consultation with the Council,'' and inserting ``Secretary'';
(11) in subsection (d)(1)(B) by striking ``a two-thirds
majority of the participants voting.'' and inserting ``at least
a majority of the permit holders in the fishery, or 50 percent
of the permitted allocation of the fishery, who participated in
the fishery.'';
(12) in subsection (d)(2)(C) by striking ``establish;'' and
inserting ``establish, unless the Secretary determines that
such fees should be collected from the seller;'' and
(13) by striking subsection (e) and inserting the
following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose
and adopt framework regulations applicable to the
implementation of all programs under this section.
``(2) Program regulations.--The Secretary shall implement
each program under this section by promulgating regulations
that, together with the framework regulations, establish each
program and control its implementation.
``(3) Harvester proponents' implementation plan.--The
Secretary may not propose implementation regulations for a
program to be paid for by an industry fee system until the
harvester proponents of the program provide to the Secretary a
proposed implementation plan that, among other matters--
``(A) proposes the types and numbers of vessels or
permits that are eligible to participate in the program
and the manner in which the program shall proceed,
taking into account--
``(i) the requirements of this section;
``(ii) the requirements of the framework
regulations;
``(iii) the characteristics of the fishery;
``(iv) the requirements of the applicable
fishery management plan and any amendment that
such plan may require to support the proposed
program;
``(v) the general needs and desires of
harvesters in the fishery;
``(vi) the need to minimize program costs;
and
``(vii) other matters, including the manner
in which such proponents propose to fund the
program to ensure its cost effectiveness, as
well as any relevant factors demonstrating the
potential for, or necessary to obtain, the
support and general cooperation of a
substantial number of affected harvesters in
the fishery (or portion of the fishery) for
which the program is intended; and
``(B) proposes procedures for program participation
(such as submission of owner bids under an auction
system or fair market-value assessment), including any
terms and conditions for participation, that the
harvester proponents deem to be reasonably necessary to
meet the program's proposed objectives.
``(4) Participation contracts.--The Secretary shall
contract with each person participating in a program, and each
such contract shall, in addition to including such other
matters as the Secretary deems necessary and appropriate to
effectively implement each program (including penalties for
contract non-performance) be consistent with the framework and
implementing regulations and all other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a reduction auction that scores
the reduction price of each bid offer by the data relevant to
each bidder under an appropriate fisheries productivity factor.
If the Secretary accepts bids, the Secretary shall accept
responsive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest percentage of
the productivity factor, and successively accepting each
additional responsive bid in rank order until either there are
no more responsive bids or acceptance of the next bid would
cause the total value of bids accepted to exceed the amount of
funds available for the program.
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms and
conditions for participation consistent with the framework and
implementing regulations. Each bid that the Secretary receives
in response to the invitation to bid shall constitute an
irrevocable offer from the bidder.''.
(b) Technical Amendment.--Sections 116, 203, 204, 205, and 206 of
the Sustainable Fisheries Act are deemed to have added sections 312,
402, 403, 404, and 405, respectively to the Act as of the date of
enactment of the Sustainable Fisheries Act.
(c) Report on Over Capitalization.--
(1) In general.--The Secretary shall, within 12 months
after the date of the enactment of this Act, submit to the
Congress a report--
(A) identifying and describing the 20 fisheries in
United States waters with the most severe examples of
excess harvesting capacity in the fisheries, based on
value of each fishery and the amount of excess
harvesting capacity as determined by the Secretary;
(B) recommending measures for reducing such excess
harvesting capacity, including the retirement of any
latent fishing permits that could contribute to further
excess harvesting capacity in those fisheries;
(C) a description of where retired fishing boats
are transferred after retirement;
(D) recommendation of a possible format of a
fishing vessel buyout program; and
(E) potential sources of funding for such measures.
(2) Basis for recommendations.--The Secretary shall base
the recommendations made with respect to a fishery on--
(A) the most cost effective means of achieving
voluntary reduction in capacity for the fishery using
the potential for industry financing; and
(B) including measures to prevent the capacity that
is being removed from the fishery from moving to other
fisheries in the United States, in the waters of a
foreign nation, or in the high seas.
SEC. 111. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND
RECOVERY PROGRAM.
Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end
the following:
``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND
RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional fishery
disaster the Secretary may, upon the request of, and in consultation
with, the Governors of affected States, establish a regional economic
transition program to provide immediate disaster relief assistance to
the fishermen, charter fishing operators, United States fish
processors, and owners of related fishery infrastructure affected by
the disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other
economic assistance to affected entities, or to governmental
entities for disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities,
cold storage facilities, ice houses, docks, including
temporary docks and storage facilities, and other
related shoreside fishery support facilities and
infrastructure;
``(B) financial assistance and job training
assistance for fishermen who wish to remain in a
fishery in the region that may be temporarily closed as
a result of environmental or other effects associated
with the disaster;
``(C) funding, pursuant to the requirements of
section 312(b), to fishermen who are willing to scrap a
fishing vessel and permanently surrender permits for
fisheries named on that vessel; and
``(D) any other activities authorized under section
312(a) of this Act or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job
training assistance.
``(3) State participation obligation.--The participation by
a State in the program shall be conditioned upon a commitment
by the appropriate State entity to ensure that the relevant
State fishery meets the requirements of section 312(b) of this
Act to ensure excess capacity does not re-enter the fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section 308
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107), and any other provision of law under which the Federal
share of the cost of any activity is limited to less than 100
percent if the Secretary determines that--
``(A) no reasonable means are available through
which applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition
of the matching requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3))
shall not apply to assistance under this section.
``(c) Regional Impact Evaluation.--Within 2 months after a
catastrophic regional fishery disaster the Secretary shall provide the
Governor of each State participating in the program a comprehensive
economic and socio-economic evaluation of the affected region's
fisheries to assist the Governor in assessing the current and future
economic viability of affected fisheries, including the economic impact
of foreign fish imports and the direct, indirect, or environmental
impact of the disaster on the fishery and coastal communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In this
section the term `catastrophic regional fishery disaster' means a
natural disaster, including a hurricane or tsunami, or a judicial or
regulatory closure to protect human health or the marine environment,
that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this Act or a fishery
resource disaster or section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
SEC. 112. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) Loan Assistance.--Subject to availability of appropriations,
the Secretary of Commerce shall provide assistance to eligible holders
of fishery finance program loans and allocate such assistance among
eligible holders based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and
re-amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for
up to 1 year beyond the remaining term of the loan, or
September 30, 2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal
years 2007 through 2012, not to exceed amounts authorized under
subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--
(1) In general.--Upon application made by an eligible
holder of a fishery finance program loan, made at such time, in
such manner, and containing such information as the Secretary
may require, the Secretary, on a calendar year basis beginning
in 2005, may--
(A) offset against the outstanding balance on the
loan an amount equal to the sum of the amounts expended
by the holder during the calendar year to repair or
replace covered vessels or facilities, or to invest in
new fisheries infrastructure within or for use within
the declared fisheries disaster area; or
(B) cancel the amount of debt equal to 100 hundred
percent of actual expenditures on eligible repairs,
reinvestment, expansion, or new investment in fisheries
infrastructure in the disaster region, or repairs to,
or replacement of, eligible fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the major
disaster area designated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) as a result of Hurricane Katrina or
Hurricane Rita.
(2) Eligible holder.--The term ``eligible holder'' means
the holder of a fishery finance program loan if--
(A) that loan is used to guarantee or finance any
fishing vessel or fish processing facility home-ported
or located within the declared fisheries disaster area;
and
(B) the holder makes expenditures to repair or
replace such covered vessels or facilities, or invests
in new fisheries infrastructure within or for use
within the declared fisheries disaster area, to restore
such facilities following the disaster.
(3) Fishery finance program loan.--The term ``fishery
finance program loan'' means a loan made or guaranteed under
the fishery finance program under title XI of the Merchant
Marine Act, 1936, (46 U.S.C. App. 1271 et seq.).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the purposes of this
section not more than $15,000,000 for each eligible holder for the
period beginning with fiscal year 2007 through fiscal year 2012.
SEC. 113. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Commerce shall establish an
assistance program for the Gulf of Mexico shrimp fishing industry.
(b) Allocation of Funds.--Under the program, the Secretary shall
allocate funds appropriated to carry out the program among the States
of Alabama, Louisiana, Florida, Mississippi, and Texas in proportion to
the percentage of the shrimp catch landed by each State, except that
the amount allocated to Florida shall be based exclusively on the
proportion of such catch landed by the Florida Gulf Coast fishery.
(c) Use of Funds.--Of the amounts made available to each State
under the program--
(1) 2 percent shall be retained by the State to be used for
the distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and
bycatch reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to
food, energy needs, housing assistance, transportation
fuel, and other urgent needs;
(B) assistance for small businesses, including
fishermen, fish processors, and related businesses
serving the fishing industry;
(C) domestic product marketing and seafood
promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for
the fishery;
(F) funding or other incentives to ensure
widespread and proper use of turtle excluder devices
and bycatch reduction devices in the fishery; and
(G) voluntary capacity reduction programs for
shrimp fisheries under limited access programs.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce $17,500,000 for fiscal years
2007 through 2012 to carry out this section.
SEC. 114. BYCATCH REDUCTION ENGINEERING PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section 114 of
this Act, is further amended by adding at the end the following:
``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.
``(a) Bycatch Reduction Engineering Program.--Not later than 1 year
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Amendments Act of 2006, the Secretary, in
cooperation with the Councils and other affected interests, and based
upon the best scientific information available, shall establish a
bycatch reduction program to develop technological devices and other
conservation engineering changes designed to minimize bycatch, seabird
bycatch, bycatch mortality, and post-release mortality in federally
managed fisheries. The program shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for adoption
of methods developed under the program in fishery management
plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by a
Council or by the Secretary may establish a system of incentives to
reduce total bycatch and seabird bycatch amounts, bycatch rates, and
post-release mortality in fisheries under the Council's or Secretary's
jurisdiction, including--
``(1) measures to incorporate bycatch into quotas,
including the establishment of collective or individual bycatch
quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird bycatch rates; and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird bycatch,
bycatch mortality, post-release mortality, or regulatory
discards in the fishery.''.
SEC. 115. ECOSYSTEM MANAGEMENT.
Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is
further amended by adding at the end the following:
``SEC. 318. ECOSYSTEM MANAGEMENT.
``(a) Guidelines.--
``(1) In general.--The Secretary shall, in consultation
with the Councils and within 24 months after the date of the
enactment of the Magnuson-Stevens Fishery Conservation and
Management Amendments Act of 2006, publish draft guidelines
(which shall not have the force and effect of law) for the
Councils concerning ecosystem considerations in fishery
conservation and management.
``(2) Contents.--The guidelines shall include definitions
of the term `ecosystem' for purposes of this Act.
``(b) Fishery Ecosystem Plans.--Each Council, or the Secretary as
appropriate, may prepare a fishery ecosystem plan in order to assist in
implementing an ecosystem approach to managing fisheries within its
area of authority. In preparing a fishery ecosystem plan, a Council
shall coordinate with Federal and State agencies responsible for
scientific understanding and management of other marine resources and
sector activities.
``(c) Contents of Fishery Ecosystem Plans.--Fishery ecosystem plans
shall be consistent with the advisory guidelines established in
subsection (a) and shall contain conservation and management measures
applicable to fishery resources throughout the fishery ecosystem,
including measures that the Council or the Secretary may consider
appropriate to--
``(1) avoid or minimize adverse effects of fishing on fish
habitat, as well as other components of the ecosystem;
``(2) establish marine managed areas in the exclusive
economic zone or the high seas;
``(3) manage fishing capacity; and
``(4) coordinate fishery science and management actions
with Federal and State agencies responsible for scientific
understanding and management of other marine resources and
sector activities, such as pollution prevention and habitat
modification.
``(d) Joint Plans.--If a fishery ecosystem encompasses waters under
the authority of more than one Council, or a Council or Councils and
the Secretary, for fisheries under section 302(a)(3), the Councils, or
the Council or Councils and the Secretary, as appropriate, may
collaborate to jointly prepare a fishery ecosystem plan for that
ecosystem. In preparing a joint fishery ecosystem plan, a Council or
Councils, or the Council or Councils and the Secretary, as appropriate,
shall coordinate with Federal and State agencies managing other marine
resources and sector activities.''.
SEC. 116. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND COASTAL
HABITATS.
(a) In General.--The Secretary of Commerce shall establish a
community-based fishery and coastal habitat restoration program to
implement and support the restoration of fishery and coastal habitats.
(b) Authorized Activities.--In carrying out the program, the
Secretary may--
(1) provide funding and technical expertise to fishery and
coastal communities to assist them in restoring fishery and
coastal habitat;
(2) advance the science and monitoring of coastal habitat
restoration;
(3) transfer restoration technologies to the private
sector, the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound
coastal restoration projects;
(5) promote significant community support and volunteer
participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats;
and
(7) leverage resources through national, regional, and
local public-private partnerships.
(c) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated to the Secretary--
(1) for the first full fiscal year beginning after the date
of the enactment of this Act, $12,000,000; and
(2) for each fiscal year thereafter through fiscal year
2012, the sum of the amount authorized under this subsection
for the preceding fiscal year, plus $2,000,000.
SEC. 117. PROHIBITED ACTS.
Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(O);
(2) by striking ``carcass.'' in subparagraph (P) and
inserting ``carcass;''; and
(3) by inserting after subparagraph (P) and before the last
sentence the following:
``(Q) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce
any fish taken, possessed, transported, or sold in
violation of any foreign law or regulation; or
``(R) to use any fishing vessel to engage in
fishing in Federal or State waters, or on the high seas
or the waters of another country, after the Secretary
has made a payment to the owner of that fishing vessel
under section 312(b)(2).''.
SEC. 118. COOPERATIVE RESTORATION PROJECTS.
Section 305(b) (16 U.S.C. 1855(b)) is amended by adding at the end
the following:
``(5)(A) In furtherance of the purposes of this Act, the
Secretary or a Council may enter into a cooperative agreement
with any Federal agency, State or local government, university,
non-governmental organization, or other qualified entity to
undertake activities to provide for the conservation,
restoration, protection, or enhancement of essential fish
habitat.
``(B) The Secretary may provide financial assistance to any
entity with whom the Secretary or a Council has entered into a
cooperative agreement under subparagraph (A) to carry out
activities enumerated in such agreement.
``(C) Such cooperative agreements shall provide for--
``(i) the actions to be taken by the parties to the
agreement;
``(ii) the benefits to be derived in connection
with the conservation, protection, restoration or
enhancement of essential fish habitat;
``(iii) the estimated cost of these actions; and
``(iv) the share of such cost to be borne by each
party to the agreement; except that the Federal share
of such program costs shall not exceed 75 percent of
the estimated program cost stated in the agreement.
``(D) For the purposes of this paragraph, the non-Federal
share may, at the discretion of the Secretary, be in the form
of money or in-kind contribution, the value of which shall be
determined by the Secretary.''.
SEC. 119. ENFORCEMENT.
(a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is amended--
(1) by striking ``$100,000'' in subsection (a) and
inserting ``$240,000'';
(2) by striking ``this section,'' in subsection (f) and
inserting ``this Act (or any other marine resource law enforced
by the Secretary),'';
(3) by inserting ``a permit, or any interest in a permit,''
in subsection (g)(3) after ``vessel,'' each place it appears;
(4) by striking ``the vessel'' in subsection (g)(3) and
inserting ``the vessel, permit, or interest'';
(5) by inserting ``or any amount in settlement of a civil
forfeiture,'' after ``criminal fine,'' in subsection (g)(4);
and
(6) by striking ``penalty or fine'' in subsection (g)(4)
and inserting ``penalty, fine, or settlement amount''.
(b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is amended to
read as follows:
``SEC. 309. CRIMINAL PENALTIES.
``(a) Fines and Imprisonment.--
``(1) In general.--Any person (other than a foreign
government or entity thereof) who knowingly violates
subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1)
of section 307, or paragraph (2) of section 307, shall be
imprisoned for not more than 5 years and fined--
``(A) not more than $500,000 if such person is an
individual; or
``(B) not more than $1,000,000 if such person is a
corporation or other legal entity other than an
individual.
``(2) Aggravated offenses.--Notwithstanding paragraph (1),
the maximum term of imprisonment shall be for not more than 10
years if--
``(A) the violator is an individual; and
``(B) in the commission of a violation described in
paragraph (1), that individual--
``(A) used a dangerous weapon;
``(B) engaged in conduct that caused bodily injury
to any observer described in section 307, any officer
authorized to enforce the provisions of this Act under
section 311, or any Council member or staff; or
``(C) placed any such observer, officer, Council
member, or staff in fear of imminent bodily injury.
``(b) Other Violations.--Any person (other than a foreign
government or entity thereof) who knowingly violates any other
provision of section 307 shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action arising under this Act.
``(2) Venue.--For purposes of this Act--
``(A) each violation of this Act shall constitute a
separate offense and the offense shall be deemed to
have been committed not only in the district where it
first occurred, but also in any other district as
authorized by law;
``(B) any offense not committed within a judicial
district of the United States is subject to the venue
provisions of section 3238 of title 18, United States
Code; and
``(C) American Samoa shall be included within the
judicial district of the United States District Court
for the District of Hawaii.''.
(c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) is
amended--
(1) by striking ``(other than any act for which the
issuance of a citation under section 311(a) is sufficient
sanction)''; and
(2) by striking ``States.'' and inserting ``States, except
that no fishing vessel shall be subject to forfeiture under
this section as the result of any act for which the issuance of
a citation under section 311(a) is sufficient sanction.''.
(d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 1861(a))
is amended--
(1) by striking ``Act'' and inserting ``Act, and the
provisions of any marine resource law administered by the
Secretary,''; and
(2) by striking ``State agency,'' and inserting ``agency of
any State, Territory, Commonwealth, or Tribe,''.
(e) Powers of Authorized Officers.--Section 311(b) (16 U.S.C.
1861(b)) is amended by striking ``Federal or State''.
(f) Payment of Storage, Care, and Other Costs.--Section
311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as follows:
``(B) a reward to any person who furnishes information
which leads to an arrest, conviction, civil penalty assessment,
or forfeiture of property for any violation of any provision of
this Act or any other marine resource law enforced by the
Secretary of up to the lesser of--
``(i) 20 percent of the penalty or fine collected;
or
``(ii) $20,000;''.
SEC. 120. FISHERY PERMITTING AND REGISTRATION PROGRAMS.
(a) Consistency of Plans With National Program.--Section 303(b)(1)
(16 U.S.C. 1853(b)(1)) is amended by inserting after ``(1)'' the
following: ``consistent with the national program established under
section 401,''.
(b) Uniform National Programs.--Section 401 (16 U.S.C. 1881) is
amended to read as follows:
``SEC. 401. FISHERY PERMITTING AND REGISTRATION.
``(a) Commercial Fisheries.--The Secretary shall establish and
implement a uniform national program for permitting in commercial
fisheries. The program shall standardize the requirements for vessel
registration and permitting required by this Act, the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.), any other marine
resource law implemented by the Secretary, and, with the permission of
a State, any marine resource law implemented by such State.
``(b) Deposit of Fees.--Any fees collected under this section shall
be deposited into the Limited Access System Administration Fund
established by section 305(h)(5)(B).''.
(c) Clerical Amendment.--The table of contents in the first section
is amended by striking the item relating to section 401 and inserting
the following:
``Sec. 401. Fishery permitting and registration.''.
SEC. 121. BYCATCH.
(a) Reporting Methodology.--Section 303(a)(11) (16 U.S.C.
1853(a)(11)) is amended by striking ``establish a standardized'' and
inserting ``within one year after the date of the enactment of the
Magnuson-Stevens Fishery Conservation and Management Amendments Act of
2006, establish and begin implementing a standardized''.
(b) Charitable Donation of Bycatch.--Section 303(b) (16 U.S.C.
1853(b)) is further amended by striking ``and'' after the semicolon at
the end of paragraph (13), by striking the period at the end of
paragraph (14) and inserting ``; and'', and by adding at the end the
following:
``(15) allow the retention and donation for charitable
purposes of all dead bycatch that cannot otherwise be avoided
under terms that ensure, through the use of onboard fishery
observers or other means, that such retention and donation do
not allow the evasion of vessel trip limits, total allowable
catch levels, or other conservation and management measures.''.
Subtitle B--Collaborative Strategic Planning
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``National Fishing Fleet Vision,
Implementation, and Management Act''.
SEC. 132. DEFINITIONS.
In this subtitle:
(1) Atlantic highly migratory species.--The term ``Atlantic
highly migratory species'' means a species in any highly
migratory species fishery that is within the geographical area
of authority of more than one of the following Councils: New
England Council, Mid-Atlantic Council, South Atlantic Council,
Gulf Council, and Caribbean Council.
(2) Council.--The term ``Council'' means a Regional Fishery
Management Council established under the Magnuson Act.
(3) Highly migratory species.--The term ``highly migratory
species'' has the meaning given such term in section 3 of the
Magnuson Act (16 U.S.C. 1802).
(4) Institute.--The term ``Institute'' means the United
States Institute for Environmental Conflict Resolution
established pursuant to Public Law 105-156.
(5) Magnuson act.--The term ``Magnuson Act'' means the
Magnuson-Steven Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(6) National task force.--The term ``National Task Force''
means the National Task Force on Sustainable Fleet Capacity
established under section 134.
(7) Overfishing and depleted.--Each of the terms
``overfishing'' and ``depleted'' have the meaning given such
term in section 3 of the Magnuson Act (16 U.S.C. 1802).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Marine Fisheries
Service.
SEC. 133. PROGRAM TO ACHIEVE SUSTAINABLE FISHERIES THROUGH
COLLABORATIVE STRATEGIC PLANNING PROCESSES.
(a) In General.--The Secretary, in consultation with the United
States Institute for Environmental Conflict Resolution, shall establish
and implement a program to enable Regional Fishery Management Councils
to develop broadly supported plans designed to achieve sustainable
fisheries through collaborative strategic planning processes.
(b) Guidance and Assistance.--Under the program under this section,
the Secretary shall provide guidance and assistance to Councils in
utilizing--
(1) collaborative process assessment, design, and
implementation; and
(2) options to address regional differences and
circumstances.
SEC. 134. NATIONAL TASK FORCE ON SUSTAINABLE FISHERY CAPACITY.
(a) In General.--The Secretary shall establish a National Task
Force on Sustainable Fishery Capacity to develop--
(1) guidance for the development of Sustainable Fishery
Standards for Sustainable Fishery Vision, Implementation, and
Management Plans under section 135, including appropriate
criteria, standards, performance measures, and guidelines for
such plans; and
(2) criteria to prioritize fisheries for which such plans
will be most useful.
(b) Members.--The National Task Force shall--
(1) consist of members appointed by the Secretary;
(2) have balanced representation of affected and concerned
stakeholders; and
(3) include one member designated by the Secretary to serve
as the chairperson of the National Task Force, who shall be
appointed by the Secretary--
(A) in consultation with the Regional Fishery
Management Council Coordinating Committee; and
(B) based on recommendations of an independent
stakeholder assessment conducted by the Institute.
(c) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the National Task Force.
(2) Compliance.--Notwithstanding paragraph (1), the
National Task Force shall be appointed and operate in a manner
consistent with all provisions of the Federal Advisory
Committee Act with respect to--
(A) the balance of membership of the National Task
Force;
(B) provision of public notice regarding activities
of the National Task Force;
(C) open meetings; and
(D) public access to documents created by the
National Task Force.
(d) Guidance Development.--
(1) Not later than the end of the 9-month period beginning
on the date of the enactment of this Act, the National Task
Force shall transmit to the Secretary guidance for the
development of Sustainable Fishery Vision, Implementation, and
Management Plan under section 135.
(2) The National Task Force shall develop such guidance
through a multistakeholder, collaborative process, using
independent third party neutral facilitation assistance
provided through the United States Institute for Environmental
Conflict Resolution.
(3) If the National Task Force fails to develop such
guidance in accordance with this section, the Secretary shall
issue Sustainable Fishery Vision, Implementation, and
Management Plan guidance within 45 days after the end of the
period referred to in paragraph (1).
(4) The Secretary, in coordination with the National Task
Force, shall periodically review and revise, as appropriate,
guidance issued under this subsection.
SEC. 135. SUSTAINABLE FISHERY VISION, IMPLEMENTATION, AND MANAGEMENT
PLANS.
(a) In General.--Each Council, and the Secretary with respect to
any Atlantic highly migratory species, may issue a Sustainable Fishery
Vision, Implementation, and Management Plan for any fishery (or
combination of fisheries, as appropriate) that is under its
jurisdiction.
(b) Plan Requirements.--
(1) In general.--Each plan issued under this section--
(A) shall be issued in accordance with the guidance
issued under section 134(d); and
(B) shall create a long-term vision and
implementation plan for the sustainable operation of
each fishery to which it applies.
(2) Considerations.--In developing such a plan, the Council
(or the Secretary) shall consider--
(A) the impact of the plan on affected communities;
(B) effective resource conservation; and
(C) economic considerations.
(c) Task Forces on Sustainable Fishery Vision, Implementation, and
Management.--
(1) Establishment.--Each Council, and the Secretary with
respect to any Atlantic highly migratory species--
(A) may establish a Task Force on Sustainable
Fishery Vision, Implementation, and Management to
develop a Sustainable Fishery Vision, Implementation,
and Management Plan; and
(B) in establishing such task force, shall specify
a timeframe for development of such plan by the task
force.
(2) Duties.--The task force shall--
(A) assess the level of fleet capacity for each
fishery for which it is appointed;
(B) identify the consequences of inaction in
reducing overfishing in each such fishery;
(C) identify a vision for fleet composition and
participation in each such fishery after it is rebuilt,
taking into account long-term resource conservation
needs and communities;
(D) assess and prioritize management measures to
implement the vision;
(E) develop a Sustainable Fishery Vision,
Implementation, and Management Plan to achieve the
vision and implement such measures; and
(F) determine the economic, social, and resource
costs and benefits for the measures included in the
plan.
(3) Composition.--Members of the task force shall--
(A) include appropriate agency leadership and
staff, and Council members and staff;
(B) consist of members who have authority to act
effectively in making decisions, as members of the task
force, on behalf of the agency or interests they
represent;
(C) be selected to ensure balanced inclusion of
affected and concerned interests; and
(D) as a condition of appointment to the task
force, be required to confirm their willingness to
commit to the generally accepted principles of
engagement in collaborative problem solving, and to
participate in good faith with an open mind to
considering new perspectives.
(4) Chairperson.--The task force shall select a Chairperson
from among its members. The Chairperson shall guide the work of
the task force, working with an independent facilitator or
mediator to facilitate development of a consensus for a
Sustainable Fishery Vision, Implementation, and Management
Plan.
(5) Operations.--The task force shall operate in accordance
with the guidance issued under section 134(d).
(6) Support.--
(A) Support by secretary.--The Secretary shall
support the task force by providing relevant
information requested by the task force.
(B) Experts and consultants.--The Chairperson of a
task force may procure services of independent
facilitators and mediators, and other experts, as the
Chairperson considers advisable to carry out the duties
of the task force.
(7) Report.--The task force shall submit a report to the
Council according to the timeframe specified by the Council
under paragraph (1)(B), including a Sustainable Fishery Vision,
Implementation, and Management Plan for the fishery for which
the task force is established.
(d) Issuance of Plan by Secretary for Species That Is not an
Atlantic Highly Migratory Species.--The Secretary shall issue a
Sustainable Fishery Vision, Implementation, and Management Plan under
this section (including establishment of a task force in accordance
with subsection (b)) for a fishery for a species that is not an
Atlantic highly migratory species, if--
(1) the Council having jurisdiction over the fishery fails
to establish a task force under subsection (b) within the 2-
year period after the Secretary determines that the fishery is
subject to overfishing or in a depleted condition; or
(2) the Secretary determines that the fishery, after
implementation of a fishery management plan developed by the
Council for a period of 2 years, is subject to overfishing.
(e) Review of Plans.--A Council, and the Secretary with respect to
any Atlantic highly migratory species, shall regularly review each
Sustainable Fishery Vision, Implementation, and Management Plan issued
under this section to determine the effectiveness of the plan and
whether changes are necessary to enhance success of the goals of the
plan.
SEC. 136. PRIORITY IMPLEMENTATION.
In implementing the Magnuson-Stevens Fishery Conservation and
Management Act, the Secretary shall give priority to supporting
measures designed to implement Fishery Vision, Implementation, and
Management Plans issued under this subtitle.
SEC. 137. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended--
(1) by striking ``shall be'' and inserting ``is'';
(2) by striking ``which will not'' and inserting ``that can
not, or will not,''; and
(3) by inserting after ``Act'' the following: ``, except
that the total allowable level shall be zero for any fishery
that is determined by the Secretary to have adequate or excess
harvest capacity. Allocations of the total allowable level of
foreign fishing are discretionary.''.
TITLE II--INFORMATION AND RESEARCH
SEC. 201. RECREATIONAL FISHERIES INFORMATION.
Section 401 (16 U.S.C. 1881) is amended by striking subsection (g)
and inserting the following:
``(g) Recreational Fisheries.--
``(1) Federal program.--The Secretary shall establish and
implement a regionally based registry program for recreational
fishermen in each of the 8 fishery management regions. The
program shall provide for--
``(A) the registration (including identification
and contact information) of individuals who engage in
recreational fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery
resources beyond the Exclusive Economic Zone;
and
``(B) if appropriate, the registration (including
the ownership, operator, and identification of the
vessel) of vessels used in such fishing.
``(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen and
charter fishing vessels licensed, permitted, or registered
under the laws of a State if the Secretary determines that
information from the State program is suitable for the
Secretary's use or is used to assist in completing marine
recreational fisheries statistical surveys, or evaluating the
effects of proposed conservation and management measures for
marine recreational fisheries.
``(3) Data collection.--Within 24 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Amendments Act of 2006, the Secretary shall
establish a program to improve the quality and accuracy of
information generated by the Marine Recreational Fishery
Statistics Survey, with a goal of achieving acceptable accuracy
and utility for each individual fishery. Unless the Secretary
determines that alternate methods will achieve this goal more
efficiently and effectively, the program shall, to the extent
possible, include--
``(A) an adequate number of dockside interviews to
accurately estimate recreational catch and effort;
``(B) use of surveys that target anglers registered
or licensed at the State or Federal level to collect
participation and effort data;
``(C) collection and analysis of vessel trip report
data from charter fishing vessels; and
``(D) development of a weather corrective factor
that can be applied to recreational catch and effort
estimates.
``(4) Report.--Within 24 months after establishment of the
program, the Secretary shall submit a report to Congress that
describes the progress made toward achieving the goals and
objectives of the program.''.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended--
(1) by striking ``(a) Council Requests.--'' in the
subsection heading and inserting ``(a) Collection Programs.--
'';
(2) by resetting the text following ``(a) Collection
Programs.--'' as a new paragraph 2 ems from the left margin;
(3) by inserting ``(1) Council requests.--'' before ``If a
Council'';
(4) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
(5) by striking ``(other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations)'' each place it appears; and
(6) by adding at the end the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring submission
of such additional information for the fishery.''.
SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3) and
resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
``(b) Confidentiality of Information.--
``(1) Any information submitted to the Secretary, a state
fishery management agency, or a marine fisheries commission by
any person in compliance with the requirements of this Act that
contains confidential information shall be confidential and
shall be exempt from disclosure under section 552(h)(3) of
title 5, United States Code, except--
``(A) to Federal employees and Council employees
who are responsible for fishery management plan
development, monitoring, or enforcement;
``(B) to State or Marine Fisheries Commission
employees as necessary to further the Department's
mission, subject to a confidentiality agreement that
prohibits public disclosure of confidential information
relating to any person;
``(C) to State employees who are responsible for
fishery management plan enforcement, if the States
employing those employees have entered into a fishery
enforcement agreement with the Secretary and the
agreement is in effect;
``(D) when such information is used by State,
Council, or Marine Fisheries Commission employees to
verify catch under a limited access program, but only
to the extent that such use is consistent with
subparagraph (B);
``(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act;
``(F) when such information is required to be
submitted to the Secretary for any determination under
a limited access program; or
``(G) in support of homeland and national security
activities, including the Coast Guard's homeland
security missions as defined in section 888(a)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)).
``(2) Any observer information shall be confidential and
shall not be disclosed, except in accordance with the
requirements of subparagraphs (A) through (G) of paragraph (1),
or--
``(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific
Council to allow disclosure to the public of weekly
summary bycatch information identified by vessel or for
haul-specific bycatch information without vessel
identification;
``(B) when such information is necessary in
proceedings to adjudicate observer certifications; or
``(C) as authorized by any regulations issued under
paragraph (3) allowing the collection of observer
information, pursuant to a confidentiality agreement
between the observers, observer employers, and the
Secretary prohibiting disclosure of the information by
the observers or observer employers, in order--
``(i) to allow the sharing of observer
information among observers and between
observers and observer employers as necessary
to train and prepare observers for deployments
on specific vessels; or
``(ii) to validate the accuracy of the
observer information collected.''; and
(3) by striking ``(1)(E).'' in paragraph (3), as
redesignated, and inserting ``(2)(A).''.
(b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C.
1881c(c)(4)) is amended by striking ``under section 401''.
SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section 115, is
further amended by adding at the end the following:
``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
``(a) In General.--The Secretary of Commerce, in consultation with
the Councils, shall establish a cooperative research and management
program to address needs identified under this Act and under any other
marine resource laws enforced by the Secretary. The program shall be
implemented on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal managers and
scientists (including interstate fishery commissions), commercial and
recreational fishing industry participants, and educational
institutions.
``(b) Eligible Projects.--The Secretary shall make funds available
under the program for the support of projects to address critical needs
identified by the Councils in consultation with the Secretary. The
program shall promote and encourage efforts to utilize sources of data
maintained by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary shall award
funding on a competitive basis and based on regional fishery management
needs, select programs that form part of a coherent program of research
focused on solving priority issues identified by the Councils, and
shall give priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing vessels
or acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch, or
seabird bycatch, or post-release mortality occurring in a
fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, or seabird bycatch, including avoidance of post-
release mortality, reduction of bycatch in high seas fisheries,
and transfer of such fishing technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental Permitting Process.--Not later than 180 days
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Amendments Act of 2006, the Secretary, in
consultation with the Councils, shall promulgate regulations that
create an expedited, uniform, and regionally-based process to promote
issuance, where practicable, of experimental fishing permits.
``(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that participation in a
research project funded under this section does not result in loss of a
participant's catch history or unexpended days-at-sea as part of a
limited entry system.
``(f) Exempted Projects.--The procedures of this section shall not
apply to research funded by quota set-asides in a fishery.''.
SEC. 205. RESTORATION STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 205, is
further amended by adding at the end the following:
``SEC. 319. RESTORATION STUDY.
``(a) In General.--The Secretary may conduct a study to update
scientific information and protocols needed to improve restoration
techniques for a variety of coast habitat types and synthesize the
results in a format easily understandable by restoration practitioners
and local communities.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for fiscal year 2007 to conduct this study.''.
SEC. 206. FISHERIES CONSERVATION AND MANAGEMENT FUND.
(a) In General.--The Secretary shall establish and maintain a fund,
to be known as the ``Fisheries Conservation and Management Fund'',
which shall consist of amounts retained and deposited into the Fund
under subsection (c).
(b) Purposes.--Subject to the allocation of funds described in
subsection (d), amounts in the Fund shall be available to the Secretary
of Commerce, without appropriation or fiscal year limitation, to
disburse as described in subsection (e) for--
(1) efforts to improve fishery harvest data collection
including--
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage
through the expanded use of electronic monitoring
devices and satellite tracking systems such as VMS on
small vessels;
(2) cooperative fishery research and analysis, in
collaboration with fishery participants, academic institutions,
community residents, and other interested parties;
(3) development of methods or new technologies to improve
the quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health
benefits and risks, including levels of contaminants and, where
feasible, the source of such contaminants;
(5) marketing of sustainable United States fishery
products, including consumer education regarding the health or
other benefits of wild fishery products harvested by vessels of
the United States; and
(6) providing financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
other Federal laws in pari materia.
(c) Deposits to the Fund.--
(1) Quota set-asides.--Any amount generated through quota
set-asides established by a Council under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and designated by the Council for inclusion in the
Fishery Conservation and Management Fund, may be deposited in
the Fund.
(2) Other funds.--In addition to amounts received under
sections 311(e)(1)(G) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)(1)(G), and
amounts received pursuant to paragraph (1) of this subsection,
the Fishery Conservation and Management Fund may also receive
funds from--
(A) appropriations for the purposes of this
section; and
(B) States or other public sources or private or
non-profit organizations for purposes of this section.
(d) Regional Allocation.--The Secretary shall, every 2 years,
apportion monies from the Fund among the eight Council regions
according to consensus recommendations of the Councils, based on
regional priorities identified through the Council process, except that
no region shall receive less than 5 percent of the Fund in each
allocation period.
(e) Limitation on the Use of the Fund.--No amount made available
from the Fund may be used to defray the costs of carrying out other
requirements of this Act or the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 207. USE OF FISHERY FINANCE PROGRAM AND CAPITAL CONSTRUCTION FUND
FOR SUSTAINABLE PURPOSES.
(a) Purpose of Obligations.--Section 1104A(a)(7) of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is amended to read as
follows:
``(7) financing or refinancing including,
``(A) the reimbursement of obligors for
expenditures previously made, for the purchase of
individual fishing quotas in accordance with section
303(d)(4) of the Magnuson-Stevens Fishery Conservation
and Management Act;
``(B) activities that assist in the transition to
reduced fishing capacity; or
``(C) technologies or upgrades designed to improve
collection and reporting of fishery-dependent data, to
reduce bycatch and seabird bycatch, to improve
selectivity or reduce adverse impacts of fishing gear,
or to improve safety.''.
(b) Expansion of Purposes for Qualified Withdrawals.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1))
is amended--
(1) by striking ``for:'' and inserting ``for--'';
(B) by striking ``vessel,'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B) and
inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the following:
``(D) in the case of any person for whose benefit
the fund was established and who participates in the
fishing capacity reduction program under section 312 of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a)--
``(i) if such person remains in the
fishery, the satisfaction of any debt
obligation undertaken pursuant to such program;
and
``(ii) if such person withdraws 1 or more
vessels from the fishery, the substitution of
amounts the person would otherwise receive
under such program for such person's vessel or
permit to engage in the fishery;
``(E) the repair, maintenance, or upgrade of an
eligible vessel or its equipment for the purpose of--
``(i) making conservation engineering
changes to reduce bycatch, improve selectivity
of fishing gear, or reduce adverse impacts of
fishing gear;
``(ii) improving vessel safety; or
``(iii) acquiring, installing, or upgrading
equipment to improve collection, reporting, or
accuracy of fishery data; or
``(F) the acquisition, construction,
reconstruction, upgrading, or investment in shoreside
fishery-related facilities or infrastructure in the
United States for the purpose of promoting United
States ownership of fishery-related facilities in the
United States without contributing to overcapacity in
the sector.''.
SEC. 208. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary, in consultation with appropriate
regional fishery management councils and in coordination with other
Federal agencies and educational institutions, shall establish a
program--
``(1) to identify existing research on, and known locations
of, deep sea corals and submit such information to the
appropriate Councils;
``(2) to locate and map locations of deep sea corals and
submit such information to the Councils;
``(3) to monitor activity in locations where deep sea
corals are known or likely to occur, based on best scientific
information available, including through underwater or remote
sensing technologies and submit such information to the
appropriate Councils;
``(4) to conduct research, including cooperative research
with fishing industry participants, on deep sea corals and
related species, and on survey methods;
``(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions between
fishing gear and deep sea corals; and
``(6) to prioritize program activities in areas where deep
sea corals are known to occur, and in areas where scientific
modeling or other methods predict deep sea corals are likely to
be present.
``(b) Reporting.--Beginning 1 year after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management Amendments Act
of 2006, the Secretary, in consultation with the Councils, shall submit
biennial reports to Congress and the public on steps taken by the
Secretary to identify and monitor, and the Councils to protect, deep
sea coral areas, including summaries of the results of mapping,
research, and data collection performed under the program.''.
SEC. 209. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.
(a) In General.--The Under Secretary of Commerce for Oceans and
Atmosphere shall execute an agreement with the National Academy of
Sciences to conduct, jointly, a multi-year, comprehensive in-water
study designed--
(1) to measure accurately the efforts and effects of shrimp
fishery efforts to utilize turtle excluder devices;
(2) to analyze the impact of those efforts on sea turtle
mortality, including interaction between turtles and shrimp
trawlers in the inshore, nearshore, and offshore waters of the
Gulf of Mexico and similar geographical locations in the waters
of the Southeastern United States; and
(3) to evaluate innovative technologies to increase shrimp
retention in turtle excluder devices while ensuring the
protection of endangered and threatened sea turtles.
(b) Observers.--In conducting the study, the Under Secretary shall
ensure that observers are placed onboard commercial shrimp fishing
vessels where appropriate or necessary.
(c) Interim Reports.--During the course of the study and until a
final report is submitted to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Resources, the National Academy of Sciences shall transmit interim
reports to the Committees biannually containing a summary of
preliminary findings and conclusions from the study.
SEC. 210. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES AND
HABITATS.
(a) Fisheries Report.--Within 180 days after the date of enactment
of this Act, the Secretary of Commerce shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources on the impact of Hurricane
Katrina, Hurricane Rita, and Hurricane Wilma on--
(1) commercial and recreational fisheries in the States of
Alabama, Louisiana, Florida, Mississippi, and Texas, including
the extent of recovery of such fisheries from such impacts;
(2) shrimp fishing vessels in those States; and
(3) the oyster industry in those States.
(b) Habitat Report.--Within 180 days after the date of enactment of
this Act, the Secretary of Commerce shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources on the impact of Hurricane
Katrina, Hurricane Rita, and Hurricane Wilma on habitat, including the
habitat of shrimp and oysters in those States.
(c) Habitat Restoration.--The Secretary shall carry out activities
to restore fishery habitats, including the shrimp and oyster habitats
in Louisiana and Mississippi.
TITLE III--OTHER FISHERIES STATUTES
SEC. 301. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended
to read as follows:
``(a) Authorization.--For each of fiscal years 2007, 2008, 2009,
and 2010, there are authorized to be appropriated to carry out this
Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000
for each of fiscal years 2004 through 2008,'' and inserting
``$4,000,000 for each of fiscal years 2007 through 2010,''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal
years 2001 through 2005'' and inserting ``fiscal years 2007 through
2010''.
(d) Pacific Salmon Treaty Act.--
(1) Transfer of section to act.--The text of section 623 of
title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on
November 17, 1999, and enacted into law by section 1000(a)(1)
of the Act of November 29, 1999 (Public Law 106-113)--
(A) is transferred to the Pacific Salmon Treaty Act
(16 U.S.C. 3631 et seq.) and inserted after section 15;
and
(B) amended--
(i) by striking ``Sec. 623.''; and
(ii) inserting before ``(a) Northern Fund
and Southern Fund.--'' the following:
``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION;
ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.
(2) Technical correction.--The amendment made by the
Department of Commerce and Related Agencies Appropriations Act,
2005 under the heading ``pacific coastal salmon recovery'' (118
Stat. 2881), to section 628(2)(A) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001 is deemed to have been made
to section 623(d)(2)(A) of title VI of H.R. 3421 (113 Stat.
1501A-56), as introduced on November 17, 1999, enacted into law
by section 1000(a)(1) of the Act of November 29, 1999 (Public
Law 106-113) instead of to such section 628(2)(A), as of the
date of enactment of the Department of Commerce and Related
Agencies Appropriations Act, 2005.
(3) Reauthorization.--Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by subsection (a), is
amended--
(A) by inserting ``sustainable salmon fisheries,''
after ``enhancement,''; and
(B) by inserting ``2007, 2008, and 2009,'' after
``2005,''.
(e) State Authority for Dungeness Crab Fishery Management.--Section
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
(1) by striking ``September 30, 2006.'' in subsection (i)
and inserting ``September 30, 2016.'';
(2) by striking ``health'' in subsection (j) and inserting
``status''; and
(3) by striking ``California.'' in subsection (j) and
inserting ``California, including--
``(1) stock status and trends throughout its range;
``(2) a description of applicable research and scientific
review processes used to determine stock status and trends; and
``(3) measures implemented or planned that are designed to
prevent or end overfishing in the fishery.''.
TITLE IV--INTERNATIONAL
SEC. 401. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING.
Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of this
Act, is further amended by adding at the end the following:
``(12) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other fishing
practices which may harm the sustainability of living marine
resources and disadvantage the United States fishing
industry.''.
SEC. 402. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND
REDUCE BYCATCH OF PROTECTED MARINE SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by
adding at the end the following:
``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
``The Secretary, in consultation with the Secretary of State, shall
provide to Congress, by not later than 2 years after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Amendments Act of 2006, and every 2 years thereafter, a report that
includes--
``(1) the state of knowledge on the status of international
living marine resources, including a list of all fish stocks
classified as depleted, endangered, or threatened with
extinction by any international or other authority charged with
management or conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under sections 609(a) or 610(a), including the specific
offending activities and any subsequent actions taken pursuant
to section 609 or 610;
``(3) a description of efforts taken by nations on those
lists to comply with the provisions of sections 609 and 610,
and an evaluation of the progress of those efforts, including
steps taken by the United States to implement those sections
and to improve international compliance;
``(4) progress at the international level, pursuant to
section 608, to strengthen the efforts of international fishery
management organizations to end illegal, unreported, or
unregulated fishing; and
``(5) a plan of action for ensuring the conclusion and
entry into force of international measures comparable to those
of the United States to reduce impacts of fishing and other
practices on protected living marine resources, if no
international agreement to achieve such goal exists, or if the
relevant international fishery or conservation organization has
failed to implement effective measures to end or reduce the
adverse impacts of fishing practices on such species.
``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of State, and
in cooperation with relevant fishery management councils, shall take
actions to improve the effectiveness of international fishery
management organizations in conserving and managing fish stocks under
their jurisdiction. These actions shall include--
``(1) urging international fishery management organizations
to which the United States is a member--
``(A) to incorporate multilateral sanctions against
member or nonmember governments whose vessels engage in
illegal, unreported, or unregulated fishing;
``(B) to seek adoption of lists that identify
fishing vessels engaged in illegal, unreported, or
unregulated fishing, including authorized (green) and
unauthorized (red) vessel lists, that can be shared
among all members and other international fishery
management organizations;
``(C) to seek international adoption of a
centralized vessel monitoring system with an
independent secretariat in order to monitor and
document capacity in fleets of all nations involved in
fishing in areas under the an international fishery
management organization's jurisdiction;
``(D) to increase use of observers and technologies
needed to monitor compliance with conservation and
management measures established by the organization,
including vessel monitoring systems and automatic
identification systems; and
``(E) to seek adoption of greater port state
controls in all nations, particularly those nations
whose vessels engage in illegal, unreported, or
unregulated fishing;
``(2) urging international fishery management organizations
to which the United States is a member, as well as all members
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated
fishing, including--
``(A) import prohibitions, landing restrictions, or
other market-based measures needed to enforce
compliance with international fishery management
organization measures, such as quotas and catch limits;
``(B) import restrictions or other market-based
measures to prevent the trade or importation of fish
caught by vessels identified multilaterally as engaging
in illegal, unreported, or unregulated fishing; and
``(C) catch documentation and certification schemes
to improve tracking and identification of catch of
vessels engaged in illegal, unreported, or unregulated
fishing, including advance transmission of catch
documents to ports of entry; and
``(3) urging other nations at bilateral, regional, and
international levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the World
Trade Organization to take all steps necessary, consistent with
international law, to adopt measures and policies that will
prevent fish or other living marine resources harvested by
vessels engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or territories.
``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in illegal,
unreported, or unregulated fishing; and
``(2) the relevant international fishery management
organization has failed to implement effective measures to end
the illegal unreported, or unregulated fishing activity by
vessels of that nation or the nation is not a party to, or does
not maintain cooperating status with, such organization, or
where no international fishery management organization exists.
``(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President
and that nation of such identification.
``(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, in consultation
with the Secretary of State, shall--
``(1) notify nations listed in the report of the
requirements of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels
identified in the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, and including notice
and an opportunity for comment by the governments of any nation
listed by the Secretary under subsection (a), for determining
if that government has taken appropriate corrective action with
respect to the offending activities of its fishing vessels
identified in the report under section 607. The Secretary shall
determine, on the basis of the procedure, and certify to the
Congress no later than 90 days after the date on which the
Secretary promulgates a final rule containing the procedure,
and biennially thereafter in the report under section 607--
``(A) whether the government of each nation
identified under subsection (b) has provided
documentary evidence that it has taken corrective
action with respect to the offending activities of its
fishing vessels identified in the report; or
``(B) whether the relevant international fishery
management organization has implemented measures that
are effective in ending the illegal, unreported, or
unregulated fishing activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that--
``(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party; or
``(B) the vessel is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) shall apply to any nation
identified under subsection (a) that has not been certified by
the Secretary under this subsection, or for which the Secretary
has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification
under this subsection.
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
``(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning established
under paragraph (2).
``(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management Amendments
Act of 2006, the Secretary shall publish a definition of the
term `illegal, unreported, or unregulated fishing' for purposes
of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation
and management measures required under an international
fishery management agreement to which the United States
is a party, including catch limits or quotas, capacity
restrictions, and bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the
United States, for which there are no applicable
international conservation or management measures or in
areas with no applicable international fishery
management organization or agreement, that has adverse
impacts on such stocks; and
``(C) fishing activity, including bottom trawling,
that have adverse impacts on seamounts, hydrothermal
vents, and cold water corals located beyond national
jurisdiction, for which there are no applicable
conservation or management measures or in areas with no
applicable international fishery management
organization or agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2012 such
sums as are necessary to carry out this section.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices beyond the exclusive economic zone that
result in bycatch of a protected living marine resource;
``(2) the relevant international organization for the
conservation and protection of such species or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce the impacts of
the fishing practices of the nation's vessels on such species,
or the nation is not a party to, or does not maintain
cooperating status with, such organization; and
``(3) the nation has not adopted a regulatory program
governing such fishing practices and associated bycatch of
protected living marine resources that are comparable to those
of the United States, taking into account different conditions.
``(b) Consultation and Negotiation.--The Secretary, acting through
the Secretary of State, shall--
``(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices described in
subsection (a), about the requirements of this section and this
Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in, fishing activities or practices
described in subsection (a), for the purpose of entering into
bilateral and multilateral treaties with such countries to
protect such species;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.
``(c) Conservation Certification Procedure.--
``(1) Certification.--The Secretary shall determine, on the
basis of a procedure consistent with the provisions of
subchapter II of chapter 5 of title 5, United States Code, and
including notice and an opportunity for comment by the
governments of any nation identified by the Secretary under
subsection (a). The Secretary shall certify to the Congress by
January 31, 2007, and annually thereafter whether the
government of each harvesting nation--
``(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine resource,
including measures to ensure maximum probability for
survival after release, that is comparable to that of
the United States, taking into account different
conditions, and which, in the case of pelagic longline
fishing, includes mandatory use of circle hooks,
careful handling and release equipment, and training
and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-
specific data to support international stock
assessments and conservation enforcement efforts for
protected living marine resources.
``(2) Alternative procedure.--The Secretary shall establish
a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that such imports
were harvested by practices that do not result in bycatch of a
protected marine species, or were harvested by practices that--
``(A) are comparable to those of the United States,
taking into account different conditions, and which, in
the case of pelagic longline fishing, includes
mandatory use of circle hooks, careful handling and
release equipment, and training and observer programs;
and
``(B) include the gathering of species specific
data that can be used to support international and
regional stock assessments and conservation efforts for
protected living marine resources.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) shall apply to any nation
identified under subsection (a) that has not been certified by
the Secretary under this subsection, or for which the Secretary
has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification
under this subsection.
``(d) International Cooperation and Assistance.--To the greatest
extent possible consistent with existing authority and the availability
of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist
those nations in qualifying for certification under subsection
(c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c);
and
``(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting
plans.
``(e) Protected Living Marine Resource Defined.--In this section
the term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine mammals
occurring in areas beyond United States jurisdiction that are
protected under United States law or international agreement,
including the Marine Mammal Protection Act of 1972, the
Endangered Species Act of 1973, the Shark Finning Prohibition
Act, and the Convention on International Trade in Endangered
Species of Wild Flora and Fauna; but
``(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and Management
Act, the Atlantic Tunas Convention Act of 1973, or any
international fishery management agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2012 such
sums as are necessary to carry out this section.
``(b) Conforming Amendments.--
``(1) Denial of port privileges.--Section 101(b) of the
High Seas Driftnet Fisheries Enforcement Act (16 U.S.C.
1826a(b)) is amended by inserting ``or illegal, unreported, or
unregulated fishing`` after ``fishing`` in paragraph (1)(A)(i),
paragraph (1)(B), paragraph (2), and paragraph (4)(A)(i).
``(2) Duration of denial.--Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended
by inserting `or illegal, unreported, or unregulated fishing'
after `fishing'.''
SEC. 403. REBUILDING DEPLETED FISHERIES.
(a) Rebuilding Depleted Fisheries.--Section 304(e) (16 U.S.C.
1854(e)) is amended by adding at the end thereof the following:
``(8) The provisions of this paragraph shall apply in lieu
of paragraphs (2) through (7) of this subsection to a fishery
that the Secretary determines is depleted or approaching a
condition of being depleted due to excessive international
fishing pressure, and for which there are no management
measures to end overfishing under an international agreement to
which the United States is a party. For such fisheries--
``(A) the Secretary, in cooperation with the
Secretary of State, immediately take appropriate action
at the international level to end the overfishing; and
``(B) within 1 year after the Secretary's
determination, the appropriate Council, or Secretary,
for fisheries under section 302(a)(3) shall--
``(i) develop recommendations for domestic
regulations to address the relative impact of
fishing vessels of the United States on the
stock and, if developed by a Council, the
Council shall submit such recommendations to
the Secretary; and
``(ii) develop and submit recommendations
to the Secretary of State, and to the Congress,
for international actions that will end
overfishing in the fishery and rebuild the
affected stocks, taking into account the
relative impact of vessels of other nations and
vessels of the United States on the relevant
stock.''.
(b) Highly Migratory Species Tagging Research.--Section 304(g)(2)
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in
a commercial fishery managed by a Council under this Act or the Western
and Central Pacific Fisheries Convention Implementation Act,''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E472)
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Commerce.
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