[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5018 Reported in House (RH)]
Union Calendar No. 323
109th CONGRESS
2d Session
H. R. 5018
[Report No. 109-567]
To reauthorize the Magnuson-Stevens Fishery Conservation and Management
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. Pombo (for himself, Mr. Frank of Massachusetts, and Mr. Young of
Alaska) introduced the following bill; which was referred to the
Committee on Resources
July 17, 2006
Additional sponsors: Mr. Ortiz, Mr. Brown of South Carolina, Mr.
Jindal, Mr. Tierney, and Mr. Melancon
Deleted sponsor: Mr. McGovern (added April 26, 2006; deleted May 4,
2006)
July 17, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
28, 2006]
_______________________________________________________________________
A BILL
To reauthorize the Magnuson-Stevens Fishery Conservation and Management
Act, 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: AMENDMENT REFERENCES.
(a) Short Title.--The Act may be cited as the ``American Fisheries
Management and Marine Life Enhancement Act''.
(b) Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed as 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. 2. TECHNICAL CORRECTIONS TO DEFINITIONS.
(a) Execution of Prior Amendments.--
(1) Continental shelf fishery resources.--Section 102(2) of
the Sustainable Fisheries Act (Public Law 104-297; 110 Stat.
3561) is amended--
(A) by striking ``COELENTERATA'' and inserting
``coelenterata'';
(B) by striking ``CNIDARIA'' and inserting
``cnidaria''; and
(C) by striking ``CRUSTACEA'' and inserting
``crustacea''.
(2) United states harvested fish.--Section 102(11) of the
Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563)
is amended by striking ``(42)'' and inserting ``(43)''.
(3) Effective date.--This subsection shall take effect on
the effective date of section 102 of Public Law 104-297.
(b) Corrections Relating to Special Areas.--Section 3 (16 U.S.C.
1802) is amended--
(1) by striking paragraphs (35) and (36);
(2) by redesignating paragraphs (37) through the last
paragraph (relating to the definition of ``waters of a foreign
nation'') in order as paragraphs (35) through (44);
(3) by inserting``(a) General Definitions.--'' before ``As
used in this Act''; and
(4) by adding at the end the following:
``(b) Terms Relating to Agreement With the Former Soviet Union.--As
used in this Act the term `special areas' means the areas referred to
as eastern special areas in Article 3(1) of the Agreement between the
United States of America and the Union of Soviet Socialist Republics on
the Maritime Boundary, signed June 1, 1990. In particular, the term
refers to those areas east of the maritime boundary, as defined in that
Agreement, that lie within 200 nautical miles of the baselines from
which the breadth of the territorial sea of Russia is measured but
beyond 200 nautical miles of the baselines from which the breadth of
the territorial sea of the United States is measured.''.
SEC. 3. SCIENCE-BASED IMPROVEMENTS TO MANAGEMENT.
(a) Harvest Level Caps.--
(1) Mechanism.--Section 303(a) (16 U.S.C. 1853(a)) is
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 a semicolon, and by adding at the end the
following:
``(15) provide a mechanism for specifying the total
allowable catch or another annual catch limit under the plan
(including for a multiyear plan) for each fishery for which an
annual catch limit can be established, that--
``(A) is based on the best scientific information
available; and
``(B) in the case of a plan issued by a Council,
does not exceed the acceptable biological catch level
recommended by the scientific and statistical committee
of the Council;''.
(2) Requirement to adopt.--Section 302(h) (16 U.S.C.
1852(h)) is amended by striking ``and'' after the semicolon at
the end of paragraph (5), by striking the period at the end of
paragraph (6) and inserting a semicolon, and by adding at the
end the following:
``(7) adopt a total allowable catch limit or other annual
harvest effort control limit for each of the fisheries for
which such a limit can be established, after considering the
recommendation of the scientific and statistical committee of
the Council having jurisdiction over the fishery, which shall
not exceed the recommendation for the acceptable biological
catch as recommended by such scientific and statistical
committee; and''.
(3) Conforming amendment.--Section 303(b)(11) (16 U.S.C.
1853(b)(11)) is amended by striking ``allowable biological
catch'' and inserting ``acceptable biological catch''.
(b) Best Scientific Information Available.--Section 303 (16 U.S.C.
1853) is amended by adding at the end the following:
``(d) Best Scientific Information Available.--The Secretary shall
develop guidelines for the Councils to use in determining what is the
best scientific information available. The Secretary shall base these
guidelines on the recommendations for guidelines developed by the Ocean
Studies Board of the National Research Council in its report titled
`Improving the Use of the Best Scientific Information Available,
Standard in Fisheries Management'.''.
(c) Scientific and Statistical Committees.--Section 302(g)(1) (16
U.S.C. 1852(g)(1)) is amended by inserting ``(A)'' before ``Each
Council'', and by adding at the end the following:
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch and for the maximum sustainable yield for each
fishery under the jurisdiction of the Council, and reports on
stock status and health, bycatch, habitat status, socio-
economic impacts of management measures, and sustainability of
fishing practices.
``(C) Members appointed to the scientific and statistical
committees shall be Federal employees, State employees,
academicians, or independent experts with strong scientific or
technical credentials and experience.
``(D) In addition to payments authorized by subsection
(f)(7), the Secretary shall pay a stipend to members of the
scientific and statistical committees who are not employed by
the Federal Government or a State government agency.
``(E) A science and statistical committee shall hold its
meetings in conjunction with the meetings of the Council, to
the extent practicable.''.
(d) Scientific Research Priorities.--Section 302(h) (16 U.S.C.
1852(h)) is further amended by adding at the end the following:
``(8) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities for
fisheries, fisheries interactions, habitats, and other areas of
research that are necessary for management purposes, that
shall--
``(A) establish priorities for 5-year periods;
``(B) be updated as necessary; and
``(C) be submitted to the Secretary and the
regional science centers of the National Marine
Fisheries Service for their consideration in developing
research priorities and budgets for the region of the
Council.''.
(e) Cooperative Research Authority.--
(1) Discretionary provisions in fishery management plans.--
Section 303(b) (16 U.S.C. 1853(b)) is amended by striking
``and'' after the semicolon at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting
a semicolon, and by adding at the end the following:
``(13) include provisions to create a cooperative research
component including the use of commercial fishing, charter
fishing, or recreational fishing vessels for the gathering of
data on stock abundance, composition, distribution, or other
relevant information important for the implementation of the
plan;''.
(2) Cooperative research by secretary.--Section 404 (16
U.S.C. 1881c) is amended by adding at the end the following:
``(e) Cooperative Research by Secretary.--The research program
under subsection (a) may include cooperative research using commercial
fishing, charter fishing, or recreational fishing vessels for the
gathering of data on stock abundance, composition, distribution, or
other relevant information.''.
(3) Preserving fishing privileges.--Section 404 (16 U.S.C.
1881c) is further amended by adding at the end the following:
``(f) Preserving Fishing Privileges.--The Secretary shall ensure
that--
``(1) fishing vessels participating in research activities
conducted pursuant to section 303(b)(13) or title IV do not
lose allocated fishing privileges (such as days at sea) based
on the research activities, unless loss of such privileges is a
part of the research plan under which the vessel participates;
and
``(2) catch history of a vessel during such research
activities at any time when the vessel is sacrificing fishing
time in an open season shall accrue to the vessel, unless loss
of such accrual is part of such research plan.''.
(f) Regional Stock Assessments.--
(1) In general.--Title IV (16 U.S.C. 1881 et seq.) is
amended by adding at the end the following:
``SEC. 408. REGIONAL STOCK ASSESSMENTS.
``(a) In General.--The Secretary shall conduct periodic regional
assessments of stocks of fish.
``(b) Independent Review.--The Secretary shall ensure that each
periodic assessment under this section is independently reviewed in a
manner that--
``(1) will not delay the process of providing to Regional
Fishery Management Councils current assessments for use in
managing fisheries; and
``(2) is as transparent as possible, so that interested
members of the public can provide input during the review
process.''.
(2) Clerical amendment.--The table of contents in the first
section is further amended by adding at the end of the items
relating to title IV the following:
``Sec. 408. Regional stock assessments.''.
(3) Regional stock assessments and peer review.--Section
302(g) (16 U.S.C. 1852(g)) is amended by adding at the end the
following:
``(6) Peer review process.--
``(A) The Secretary and each Council shall
establish a peer review process for scientific
information used to advise the Secretary or the
Council, respectively, about the conservation and
management of fisheries.
``(B) The Secretary and each Council shall ensure
that the peer review process established under this
paragraph--
``(i) to the extent practicable, will not
delay the process of providing to the Council
or the Secretary, respectively, current
information for use in managing fisheries; and
``(ii) is as transparent as possible, so
that interested members of the public can
provide input during the review process.''.
SEC. 4. DATA COLLECTION.
(a) Authority to Require VMS.--Section 305 (16 U.S.C. 1855) is
amended by adding at the end the following:
``(j) Authority to Require VMS.--The Secretary may require, if
requested to do so by a Council, a Vessel Monitoring System or other
similar electronic monitoring technology for a fishery or specific
sectors of a fishery under the jurisdiction of the Council. To the
extent that the technology is required for enforcement or data
collection purposes for a limited access privilege management system,
the cost of such a system shall be included in the costs that are
considered in determining the amount of any fee required under this Act
to be paid to participate in the fishery. Any information collected
under this subsection shall be treated as confidential and exempt from
disclosure under section 402(b).''.
(b) Recreational Data Collection.--
(1) Establishment of program.--Within 24 months after the
date of enactment of this Act, the Secretary of Commerce shall
establish a program to improve the quality and accuracy of
information generated by National Marine Fisheries Service
recreational fishing data collection programs, with a goal
achieving accurate, useful, and improved data for each
individual fishery. The program shall include--
(A) an increased number of intercepts above current
baselines established by the National Marine Fisheries
Service to accurately estimate recreational catch and
effort;
(B) use of surveys that target anglers registered
at the State level to collect participation and effort
data;
(C) collection and analysis of vessel trip report
data from for-hire vessels including party, head, and
charter fishing vessels;
(D) development of a weather corrective factor that
can be applied to recreational catch and effort
estimates;
(E) an independent committee composed of
recreational fishermen, other stakeholders, academia,
persons with expertise in stock assessments and survey
design, and appropriate National Marine Fisheries
Service personnel, to review data collection estimates
and geographic and temporal issues, among other
variables, related to intercepts, prior to the
finalization of the catch estimates; and
(F) identification of deficiencies in recreational
data collection (including with respect to fishing on
private property, night-time fishing, and random digit
dialing) and develop sampling methods to correct the
deficiencies.
(2) Prohibition of fees.--The Secretary shall not impose
any new fees on recreational fishermen for the purposes of data
collection.
(3) Report.--The Secretary of Commerce shall report to the
Congress within 18 months after the date of the enactment of
this Act, on--
(A) the progress made in developing such a program;
(B) whether the program has resulted in
significantly better data for management of
recreational fishing, and if not, plans to correct
problems in achieving that result; and
(C) actions to continue to make improvements in
data collection.
(4) Authorization of approproiations.--To carry out this
section there is authorized to be appropriated to the Secretary
of Commerce $5,000,000 for each of fiscal years 2007 through
2011.
(c) Confidentiality of Information.--
(1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is
amended to read as follows:
``(b) Confidentiality of Information.--
``(1) In general.--Any information submitted to the
Secretary by any person in compliance with any requirement
under this Act shall be confidential and shall not be
disclosed, except--
``(A) to Federal employees and Council employees
who are responsible for fishery management plan
development and monitoring;
``(B) to State or Marine Fisheries Commission
employees--
``(i) as necessary for achievement of the
purposes of this Act; and
``(ii) in accordance with a confidentiality
agreement between the State or Commission, as
appropriate, and the Secretary that prevents
public disclosure of the identity or business
of any person;
``(C) when required by court order;
``(D) when such information is used by State,
Council, or Marine Fisheries Commission employees to
verify catch under a limited access privilege program,
but only to the extent that such use is consistent with
subparagraph (B);
``(E) if such information is required to be
submitted to the Secretary for any determination under
a limited access program;
``(F) that observer information collected in
fisheries under the authority of the North Pacific
Council may be released to the public as specified in a
fishery management plan or regulation for weekly
summary bycatch information identified by vessel, and
for haul-specific bycatch information without vessel
identification; or
``(G) 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.
``(2) Procedures to preserve confidentiality.--The
Secretary shall, by regulation, prescribe such procedures as
may be necessary to preserve the confidentiality of any
observer information, information produced by a vessel
monitoring system, or information produced by other technology
used on-board a vessel for enforcement or data collection
purposes, that is submitted in compliance with any requirement
or regulation under this Act, except that the Secretary may
release or make public--
``(A) any such information that in any aggregate or
summary form that does not directly or indirectly
disclose the identity or business of any person who
submits such information.
``(B) any such information when it is necessary in
proceedings to adjudicate observer certifications; and
``(C) any such information as authorized by any
regulations issued under paragraph (4) 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, for purposes of--
``(i) allowing 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) validating the accuracy of the
observer information collected.
``(3) Use for conservation and management purposes.--
Nothing in this subsection shall be interpreted or construed to
prevent the use for conservation and management purposes by the
Secretary, or with the approval of the Secretary, the Council,
of any information submitted in compliance with any requirement
or regulation under this Act or the use, release, or
publication of bycatch information pursuant to paragraph
(1)(F).
``(4) Memorandum of understanding.--The Secretary may enter
into a memorandum of understanding with the heads of other
Federal agencies for the sharing of confidential information
for purposes of this Act, such as information produced by
vessel monitoring systems or other electronic monitoring
systems, if the Secretary determines there is a compelling need
to do so and if the heads of the other Federal agencies agree
to maintain the confidentiality of the information in
accordance with the requirements that apply to the Secretary
under this section.''.
(2) Conforming amendment.--Section 404(c)(4) (16 U.S.C.
1881c(c)(4)) is amended by striking ``under section 401''.
(3) Definitions.--Section 3 (16 U.S.C. 1802) is further
amended in subsection (a)--
(A) 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.''; and
(B) 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 fish
processing observations, fish sampling or weighing data, vessel
logbook data, vessel- or fish processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''.
(d) Socioeconomic Data Collection Activities.--Section 402 (16
U.S.C. 1881a) is further amended by adding at the end the following:
``(f) Socioeconomic Data Collection.--
``(1) The Secretary may provide funds to Councils to carry
out collection of socioeconomic data, including information on
fishermen and fishing communities, necessary to carry out the
functions of the Councils.
``(2) To carry out this subsection there is authorized to
be appropriated to the Secretary, in addition to other amounts
authorized, $2,000,000 for each fiscal year.''.
(e) Need for More Frequent Stock Surveys.--The Secretary of
Commerce--
(1) shall determine the need for more frequent surveys of
stocks of fish, and whether State agencies or cooperative
research activities can fill the data gaps identified; and
(2) submit a report to the Congress on the current
activities and the needs for such surveys, by not later than 2
years after the date of the enactment of this Act.
SEC. 5. COUNCIL OPERATIONS AND AUTHORITIES.
(a) Council Appointments.--Section 302(b)(2)(C) (16 U.S.C.
1852(b)(2)(C)) is amended by inserting after the first sentence the
following: ``A Governor may submit the names of individuals from
academia, or other public interest areas including conservation
organizations and the seafood consuming public, if the Governor has
determined that each such individual is qualified under the
requirements of subparagraph (A).''.
(b) 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
the enactment of the American Fisheries Management and Marine
Life Enhancement Act, 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) fishery management techniques, data needs,
and Council procedures;
``(C) social science and fishery economics;
``(D) tribal treaty rights and native customs,
access, and other rights related to Western Pacific
indigenous communities;
``(E) legal requirements of this Act, including
conflict of interest and disclosure provisions of this
section and related policies;
``(F) other relevant legal and regulatory
requirements, including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.);
``(G) public process for development of fishery
management plans;
``(H) recreational and commercial fishing
information including fish harvesting techniques, gear
types, fishing vessel types, and economics, for the
fisheries within each Council's jurisdiction; and
``(I) other topics suggested by the Council.
``(2) Member training.--The training course--
``(A) shall be available to both new and existing
Council members, staff from the regional offices and
regional science centers of the National Marine
Fisheries Service; and
``(B) may be made available to committee or
advisory panel members as resources allow.
``(3) Required training.--Council members appointed after
the date of the enactment of the American Fisheries Management
and Marine Life Enhancement Act must complete the training
course developed under this subsection.''.
(c) Authority to Develop Ecosystem-Based Fishery Management
Plans.--Section 303(b) (16 U.S.C. 1853(b)) is further amended by adding
at the end the following:
``(14) contain research, conservation, and management
measures that encompass more than one fishery and are for the
purpose of managing the fishery resources concerned under an
ecosystem-based management system;''.
(d) Authority to Require Vessel Monitoring Systems.--Section 303(b)
(16 U.S.C. 1853(b)) is further amended by adding at the end the
following:
``(15) require a Vessel Monitoring System or other similar
electronic monitoring technology for the purposes of enforcing,
monitoring, or collecting data from a fishery or fishery
sector;''.
(e) Observer Funding Clarification.--Section 303 (16 U.S.C. 1853)
is further amended by adding at the end the following:
``(e) Observer Provisions.--
``(1) Costs.--Costs for observer coverage that is primarily
for the enforcement of a fishery management plan or for data
collection necessary for the monitoring of a fishery--
``(A) shall be paid for by the Secretary; and
``(B) under a limited access program, may be
considered as a cost to be recovered under the
authority of section 303A(e)(2).
``(2) Liability for sanctions.--A fishing vessel that is
required to have an observer onboard pursuant to section
303(b)(8), the owner or operator of such a fishing vessel, and
the United States shall not be liable for any sanction imposed
on the observer for actions of the observer in the course of
performance of duties as an observer.''.
(f) Incentives.--Section 303(b) (16 U.S.C. 1853(b)) is further
amended by adding at the end the following:
``(16) establish a system of incentives to reduce total
bycatch and seabird interaction, bycatch rates, and post-
release mortality in fisheries under the Council's or
Secretary's jurisdiction, including--
``(A) measures to incorporate bycatch into quotas,
including the establishment of collective or individual
bycatch quotas;
``(B) measures to promote the use of gear with
verifiable and monitored low bycatch and seabird
interaction rates; and
``(C) measures that, based on the best scientific
information available, will reduce bycatch and seabird
interaction, bycatch mortality, post-release mortality,
or regulatory discards in the fishery; and''.
(g) Marine Protected Areas Authority.--
(1) Discretionary authority.--Section 303(b) (16 U.S.C.
1853(b)) is further amended by adding at the end the following:
``(17) designate closed areas, seasonal closures, time/area
closures, gear restrictions, or other methods for limiting
impacts on habitat, limit bycatch impacts of gear, or limit
fishing impact on spawning congregations in specific geographic
areas.''.
(2) Requirements.--Section 303(a) (16 U.S.C. 1853(a)) is
further amended by adding at the end the following:
``(16) with respect to any closure of an area to all
fisheries managed under this Act, include provisions that
ensure that such closure--
``(A) is based on the best scientific information
available;
``(B) includes criteria to assess the conservation
benefit of the closed area;
``(C) establishes a timetable for review of the
closed area's performance that is consistent with the
purposes of the closed area; and
``(D) is based on an assessment of the benefits and
impacts of the closure, including its size, in relation
to other management measures (either alone or in
combination with such measures), including the benefits
and impacts of limiting access to--
``(i) users of the area;
``(ii) overall fishing activity;
``(iii) fishery science; and
``(iv) fishery and marine conservation;
and''.
(h) Framework Authority.--Section 304 (16 U.S.C. 1854) is amended
by adding at the end the following:
``(i) Alternative Procedural Mechanisms.--
``(1) 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.
``(2) Such mechanisms may allow for abbreviated processes
for the implementation of regulations or other actions as
appropriate.
``(3) Alternative procedural mechanisms shall only be
approved or adopted for use in situations in which--
``(A) the conservation and management measures are
within the scope of conservation and management
measures established in an existing fishery management
plan;
``(B) otherwise applicable regulatory processes are
not sufficient to allow timely and efficient
implementation of conservation and management measures
in response to new information; and
``(C) notice of the conservation and management
measures is provided appropriate to the significance of
the expected impacts on affected fishery resources and
on the participants in the fishery.
``(4) Any final agency action taken pursuant to the
alternative procedural mechanism must be promptly published in
the Federal Register.''.
(i) Council Meeting Notice.--
(1) Regular and emergency meetings.--The first sentence of
section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
(A) by striking ``published in local newspapers''
and inserting ``provided by any means that will result
in wide publicity (except that e-mail notification and
Web site postings alone are not sufficient)''; and
(B) by striking ``fishery) and such notice may be
given by such other means as will result in wide
publicity.'' and inserting ``fishery).''.
(2) Closed meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local
newspapers'' and inserting ``provide notice by any means that
will result in wide publicity''.
(j) Caribbean Council Jurisdiction.--Section 302(a)(1)(D) (16
U.S.C. 1852(a)(1)(D)) is amended by inserting ``and of commonwealths,
territories, and possessions of the United States in the Caribbean
Sea'' after ``seaward of such States''.
(k) Council Coordination Committee.--Section 302 (16 U.S.C. 1852)
is further amended by adding at the end the following:
``(l) Council Coordination Committee.--The Councils may establish a
Council coordination committee to discuss issues of relevance to all
Councils, including issues related to the implementation of this Act.
The committee shall consist of the chairs, vice chairs, and executive
directors of each of the Councils described in subsection (a)(1), or
other Council members or staff.''.
SEC. 6. ECOSYSTEM-BASED FISHERY MANAGEMENT.
(a) Policy.--Section 2(c) (16 U.S.C. 1851(c)) is amended by
striking ``and'' after the semicolon at the end of paragraph (6), by
striking the period at the end of paragraph (7) and inserting ``;
and'', and by adding at the end the following:
``(8) to support and encourage efforts to understand the
interactions of species in the marine environment and the
development of ecosystem-based approaches to fisheries
conservation and management that will lead to better
stewardship and sustainability of the Nation's coastal fishery
resources and fishing communities.''.
(b) Authorization of Research.--Section 404(c) (16 U.S.C. 1881c(c))
is amended by adding at the end the following:
``(5) The interaction of species in the marine environment,
and the development of ecosystem-based approaches to fishery
conservation and management that will lead to better
stewardship and sustainability of coastal fishery resources.''.
(c) Regulations Defining Terms.--The Secretary of Commerce shall,
in conjunction with the Regional Fishery Management Councils and based
on the recommendations of the Ecosystems Principles Advisory Panel in
the report entitled ``Ecosystem-based Fishery Management'' and dated
April 1999, and after provision of notice and an opportunity for public
comment, issue regulations that establish definitions of the terms
``ecosystem'' and ``marine ecosystem'' for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(d) Regional Ecosystem Research.--Section 406 (16 U.S.C. 1882) is
amended by adding at the end the following:
``(f) Regional Ecosystem Research.--
``(1) Study.--Within 180 days after the date of enactment
of the American Fisheries Management and Marine Life
Enhancement Act, the Secretary, in consultation with the
Councils, shall undertake and complete a study on the state of
the science for advancing the concepts and integration of
ecosystem considerations in regional fishery management. The
study should build upon the recommendations of the advisory
panel and include--
``(A) recommendations for scientific data,
information and technology requirements for
understanding ecosystem processes, and methods for
integrating such information from a variety of Federal,
State, and regional sources;
``(B) recommendations for processes for
incorporating broad stake holder participation;
``(C) recommendations for processes to account for
effects of environmental variation on fish stocks and
fisheries; and
``(D) a description of existing and developing
Council efforts to implement ecosystem approaches,
including lessons learned by the Councils.
``(2) Identification of marine ecosystems; research plan.--
``(A) In general.--Within one year after the date
of the publication of the study under paragraph (1),
the Secretary, in conjunction with the regional science
centers of the National Marine Fisheries Service and
the Councils, shall--
``(i) identify specific marine ecosystems
within each region for which a Council is
established by section 302(a); and
``(ii) develop and begin to implement
regional research plans to address the
information deficiencies identified by the
study.
``(B) Research plans.--The research plans shall
suggest reasonable timeliness and cost estimates for
the collection of the required information.
``(C) Reports.--The Secretary shall report to the
Congress annually on the progress of the regional
research plans.
``(3) Agency technical advice and assistance, regional
pilot programs.--The Secretary is authorized to provide
necessary technical advice and assistance, including grants, to
the Councils for the development and design of regional pilot
programs that build upon the recommendations of the advisory
panel and, when completed, the study.''.
SEC. 7. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--
(1) Authorization of programs.--Title III (16 U.S.C. 1851
et seq.) is amended--
(A) by striking section 303(d); and
(B) by inserting after section 303 the following:
``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the American
Fisheries Management and Marine Life Enhancement Act, 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
overfished or subject to a rebuilding plan, assist in
its rebuilding;
``(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) specify the goals of the program;
``(F) 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;
``(G) include an effective system for enforcement,
monitoring, and management of the program, including
the use of observers;
``(H) include an appeals process for administrative
review of determinations with respect to the
Secretary's decisions regarding administration of the
limited access privilege program; and
``(I) 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) 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 of the
management area of the relevant Council
who conduct commercial or recreational
fishing, fish processing, or fishery-
dependent support businesses within
such 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 by the Council
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 or revoke limited access
privileges for a person that were granted to a
fishing community, if the person fails to
comply with the requirements of the community
sustainability plan approved by the relevant
Council under clause (i)(IV).
``(B) Participation criteria.--In developing
participation criteria for eligible communities under
this paragraph, a Council shall consider--
``(i) traditional fishing or fish
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,
fishing vessel captains and crews, fish
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 fish processing activities in the fishery.
``(3) 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,
fish 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 by the Council 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 or revoke limited access privileges for a
person that were granted to a fishery association, if
the person fails to comply with the requirements of the
regional fishery association plan approved by the
relevant Council under subparagraph (A)(iv).
``(C) Participation criteria.--In developing
participation criteria for eligible regional fishery
associations under this paragraph, a Council shall
consider--
``(i) traditional fishing or fish
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, fish 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.
``(4) 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
fish 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) for the purpose of preventing significant
adverse economic or social impact on any fishing
community or other person, 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 fish
processing sectors of the fishery;
``(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; and
``(G) ensure that no person otherwise qualified to
receive an initial allocation of a limited access
privilege to harvest fish is required to join any
entity or association that limits in any way the
person's ability to sell their catch as a condition of
that person receiving an initial or annual allocation.
``(5) 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 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 in
the fishery, as described by subparagraph (B), the
Secretary shall certify the petition to the appropriate
Council or Councils.
``(D) New england referendum.--
``(i) The New England Council 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. 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.
``(iii) The New England Fishery Management
Council may determine that vessel captains or
crew members who have substantial participation
in the fishery concerned shall be eligible to
vote in a referendum under this subparagraph.
The New England Fishery Management Council
shall establish the criteria for determining
what constitutes `substantial participation'
for purposes of this clause.
``(iv) Within 1 year after the date of
enactment of the American Fisheries Management
and Marine Life Enhancement Act, the Secretary
shall publish guidelines and procedures to
determine procedures and voting eligibility
requirements (subject to clause (iii)) for
referenda and to conduct such referenda in a
fair and equitable manner.
``(E) Other law.--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.
``(6) 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 (2); and
``(B) establish criteria for the approval and
monitoring of transfers (including sales and leases) of
limited access privilege shares.
``(7) Preparation and implementation of secretarial
plans.--This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(g).
``(8) Limitation on federal agencies and officials.--A
Federal agency or official may not hold, administer, or
reallocate an individual quota issued under a fishery
management plan under this section, other than the Secretary
and the Council having authority over the fishery for which the
individual quota is issued.
``(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)(2)(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 American Fisheries
Management and Marine Life Enhancement Act, a Council may establish--
``(1) a period of time after which any initial or
subsequent allocation of a limited access privilege shall
expire, or various periods for such expiration within a fishery
if the Council determines that variation of the periods will
further achievement of management goals; and
``(2) 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 that reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used 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 American Fisheries Management
and Marine Life Enhancement Act, shall be construed to require a
reallocation of individual quota shares, fish processor quota shares,
cooperative programs, or other quota programs, including sector
allocation, for which a Council has already provided a substantial
opportunity for public comment and begun considering alternatives, or
submitted by a Council or approved by the Secretary or by congressional
action before the date of enactment of such Act.''.
(2) Clerical amendment.--The table of contents in the first
section is amended by adding after the item relating to section
303 the following:
``Sec. 303A. Limited access privilege programs.''.
(b) Fees.--Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (F) and (G), respectively;
(2) in subparagraph (F), as so redesignated, by striking
``Such fee'' and inserting ``A fee under this paragraph''; and
(3) by striking ``(2)(A)'' and all that follows through the
end of subparagraph (A) and inserting the following:
``(2)(A) Notwithstanding paragraph (1), the Secretary shall
collect from a person that holds or transfers an individual
quota issued under a limited access system established under
section 303(b)(6) fees established by the Secretary in
accordance with this section and section 9701(b) of title 31,
United States Code.
``(B) The fees required to be established and collected by
the Secretary under this paragraph are the following:
``(i) With respect to any initial allocation under
a limited access system established after the date of
the enactment of the American Fisheries Management and
Marine Life Enhancement Act, an initial allocation fee
in an amount, determined by the Secretary, equal to 1
percent of the ex-vessel value of fish authorized in
one year under an individual quota, that shall be
collected from the person to whom the individual quota
is first issued.
``(ii) An annual fee in an amount, determined by
the Secretary, not to exceed 3 percent of the ex-vessel
value of fish authorized each year under an individual
quota share, that shall be collected from the holder of
the individual quota share.
``(iii) A transfer fee in an amount, determined by
the Secretary, equal to 1 percent of the ex-vessel
value of fish authorized each year under an individual
quota share, that shall be collected from a person who
permanently transfers the individual quota share to
another person.
``(C) In determining the amount of a fee under this
paragraph, the Secretary shall ensure that the amount is
commensurate with the cost of managing the fishery with respect
to which the fee is collected, including reasonable costs for
salaries, data analysis, and other costs directly related to
fishery management and enforcement.
``(D) The Secretary, in consultation with the Councils,
shall promulgate regulations prescribing the method of
determining under this paragraph the ex-vessel value of fish
authorized under an individual quota share, the amount of fees,
and the method of collecting fees.
``(E) Fees collected under this paragraph from holders of
individual quotas in a fishery shall be an offsetting
collection and shall be available to the Secretary only for the
purposes of administering and implementing this Act with
respect to that fishery.''.
(c) Conforming Amendment.--Section 304(d)(2)(G)(i), as redesignated
by subsection (b)(1) of this section, is amended by striking ``section
305(h)(5)(B)'' and all that follows and inserting ``section
305(h)(5)(B).''.
(d) Limited Access Privilege Defined.--Subsection (a) of section 3
(16 U.S.C. 1802) is further amended 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).''.
SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS.
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 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 Fisheries Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint fisheries
enforcement agreement with the Secretary that will authorize
the deputization and funding of State officers with marine
fisheries responsibilities to perform duties of the Secretary
relating to fisheries 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 fisheries
enforcement agreement with the requesting State.
``(2) Eligible state.--A State is eligible to participate
in the cooperative agreements under this section if it is in,
or bordering on, the Atlantic Ocean (including the Caribbean
Sea), the Pacific Ocean, the Arctic Ocean, or the Gulf of
Mexico.
``(3) Requirements.--Joint fisheries 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; and
``(B) 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 fisheries 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 agreements under this subsection,
based upon consideration of Federal marine fisheries needs, the
specific marine fisheries conservation needs of each
participating eligible State, and the capacity of the State to
undertake the mission and assist with Federal 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 American Fisheries
Management and Marine Life Enhancement Act, the Secretary shall
implement data-sharing measures to make any data required to be
provided by this Act from vessel monitoring systems, or similar
systems--
``(A) directly accessible by State 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 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.''.
SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS.
(a) North Pacific Fisheries Research Plans.--Section 313 (16 U.S.C.
1862) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``all'' and inserting ``any''; and
(B) by amending paragraph (2) to read as follows:
``(2) establishes a system, or systems, of fees, which may
vary by fishery, management area, and observer coverage level,
to pay for the costs of implementing the plan.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (A) by inserting ``, or
electronic monitoring systems,'' after ``stationing
observers'';
(B) in subparagraph (E) by inserting ``fixed amount
reflecting actual observer costs as described in
clauses (i), (ii), and (iii) of subparagraph (A), or''
after ``be expressed as'';
(C) in subparagraph (F)--
(i) by inserting ``some or'' after
``assessed against''; and
(ii) by inserting ``, or electronic
monitoring systems,'' after ``carry an
observer''; and
(D) by striking ``and'' after the semicolon at the
end of subparagraph (H), by striking the period at the
end of subparagraph (I) and inserting ``; and'', and by
adding at the end the following:
``(J) provide that fees collected under the system shall be
credited against any fee for stationing observers, or
electronic monitoring systems, onboard fishing vessels and
United States fish processors and the actual cost of inputting
collected data to which a fishing vessel or fish processor is
subject under section 304(d).''.
(b) Observer Program Funding.--Section 403 (16 U.S.C. 1881(b)) is
amended by adding at the end the following:
``(d) Observer Program Funding Mechanism.--
``(1) In general.--The Secretary may establish a funding
mechanism to cover the cost of an observer program to monitor
any fishery managed under this Act or any other Act
administered by the Secretary, including the Northern Pacific
halibut fishery.
``(2) Form of mechanism.--
``(A) The Secretary may exercise broad discretion
in developing a funding mechanism under this
subsection, which may include a system of fees,
payments collected from limited access privilege
programs, or any other cost recovery mechanism to pay
for--
``(i) the cost of stationing observers on
board fishing vessels and United States fish
processors, and
``(ii) the actual cost of inputting data
and managing observer databases.
``(B) The moneys collected under a funding
mechanism established under this subsection for an
observer program shall be--
``(i) deposited into the Fishery Observer
Fund established under subsection (e); and
``(ii) used only for the observer program
covering fisheries from which the moneys were
collected.
``(e) Fishery Observer Fund.--
``(1) Establishment of fund.--There is established on the
books of the Treasury of the United States, a fund that shall
be known as the Fishery Observer Fund (in this subsection
referred to as the `Fund'). The Fund shall be administered by
the Secretary of Commerce. The Fund shall be available, subject
to the availability of appropriations, only to the Secretary
for purposes of carrying out subsection (d). The Fund shall
consist of all moneys deposited into in it accordance with this
section, plus interest on those moneys.
``(2) Investment of amount.--
``(A) It shall be the duty of the Secretary of the
Treasury to invest, at the direction of the Secretary
of Commerce, such portion of the Fund that is not
currently needed for the purposes of each observer
program covering fisheries from which moneys were
collected under subsection (d).
``(B) Such investments shall be in public debt
obligations with maturities suitable to the needs of
the Fund, as determined by the Secretary of Commerce.
Investments in public debt obligations shall bear
interest at rates determined by the Secretary of the
Treasury taking into consideration the current market
yield on outstanding marketable obligations of the
United States of comparable maturity.
``(3) Sale of obligation.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
direction of the Secretary of Commerce at market prices.
``(f) Contributions.--For purposes of carrying out subsections (d)
and (e), the Secretary may accept, solicit, receive, hold, administer,
and use gifts, devices, contributions, and bequests. Amounts received
under this subsection shall be deposited in the Fishery Observer Fund
established under subsection (c).''.
SEC. 10. COMPETING STATUTES.
(a) Required Information in Management Plans.--Section 303(a) (16
U.S.C. 1853A)) is further amended by adding at the end the following:
``(17) contain information on the Council's efforts to
study, develop, and describe appropriate alternatives to
recommend courses of action.''.
(b) Required Analysis in Management 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 conservation, economic, and social impacts of, the
conservation and management measures on, and possible mitigation
measures for--''.
(c) Compliance With National Environmental Policy Act of 1969.--
(1) In general.--Title III (16 U.S.C. 1851 et seq.) is
amended by adding at the end the following:
``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
``(a) In General.--The Secretary may consider the requirements of
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) to have been satisfied with respect to any fishery
management plan, amendment to such a plan, or regulation implementing
such a plan that the Secretary determines has been prepared in
accordance with applicable provisions of sections 303 and 304 of this
Act.
``(b) Limitation of Application.--This section shall not apply
unless the Secretary has published a determination that sections 304
and 305 are substantially equivalent to section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
(2) Clerical amendment.--The table of contents in the first
section is amended by adding at the end of the items relating
to title III the following:
``Sec. 315. Compliance with National Environmental Policy Act of
1969.''.
(3) Effect on time requirements.--Section 305(e) (16 U.S.C.
1855(E)) is amended by inserting ``the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.
SEC. 11. DIMINISHED FISHERIES.
(a) Substitution of ``Diminished'' for ``Overfished''.--
(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 ``diminished''; and
(B) in the heading for section 304(e) (16 U.S.C.
1854(e)) by striking ``Overfished'' and inserting
``Diminished''.
(2) Diminished defined.--Subsection (a) of section 3 (16
U.S.C. 1802) is further amended--
(A) by inserting after paragraph (8) the following:
``(8A) The term `diminished' means a fishery whose
abundance is at or below a level that jeopardizes the capacity
of the fishery to produce maximum sustainable yield on a
continuing basis.''; and
(B) by amending paragraph (29) to read as follows:
``(29) The term `overfishing' means a rate or level of
fishing mortality that jeopardizes the capacity of a fishery to
produce the maximum sustainable yield on a continuing basis.''.
(3) Distinguishing in reports.--Section 304(e)(1) (16
U.S.C. 1854(e)(1)) is amended by adding at the end the
following: ``The report shall distinguish between fisheries
that are diminished (or approaching that condition) as a result
of fishing and fisheries that are diminished (or approaching
that condition) as a result of factors other than fishing. The
report shall state, for each fishery identified as diminished
or approaching that condition, whether the fishery is the
target of directed fishing.''.
(b) Duration of Measures to Rebuild Diminished Fisheries.--Section
304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is amended to read as
follows:
``(ii) not exceed 10 years, except in cases
where--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that such 10-year period should be
extended because the cause of the
fishery decline is outside the
jurisdiction of the Council or the
rebuilding program cannot be effective
only by limiting fishing activities;
``(III) the Secretary determines
that such 10-year period should be
extended for one or more diminished
components of a multi-species fishery;
or
``(IV) the Secretary makes
substantial changes to the rebuilding
targets after the rebuilding plan has
been put in place.''.
SEC. 12. NEW PROHIBITED ACTS.
(a) Prohibition on Sale or Purchase of Recreational Catch.--Section
307 (16 U.S.C. 1857) is amended by striking ``and'' after the semicolon
at the end of paragraph (4), by striking the period at the end of
paragraph (5) and inserting ``; and'', and by adding at the end the
following:
``(6) to sell or purchase any fish caught in recreational
fishing.''.
(b) Prohibition on Use of Retired Vessel.--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; or''; and
(3) by inserting after subparagraph (P) and before the last
sentence the following:
``(Q) 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. 13. FISHERY FAILURES.
Section 312(a) (16 U.S.C. 1361a) is amended by striking
``commercial fishery'' each place it appears and inserting ``fishery''.
SEC. 14. 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. 15. BYCATCH AND SEABIRD INTERACTIONS.
(a) Gear Grant Program.--Title IV (1 U.S.C. 1881 et seq.) is
further amended by adding at the end the following:
``SEC. 409. GEAR GRANT PROGRAM.
``(a) Identification of Fisheries With Most Urgent Problems.--The
Secretary shall--
``(1) identify those fisheries included in a list under
subsection (a) that have the most urgent bycatch problems or
seabird interaction problems, based on comments received
regarding the list; and
``(2) work in conjunction with the Councils and fishing
industry participants to develop new fishing gear, or
modifications to existing fishing gear, that will help minimize
bycatch and seabird interactions to the extent practicable.
``(b) Grant Authority.--The Secretary shall, subject to the
availability of appropriations, make grants for the development of
fishing gear and modifications to existing fishing gear that will
help--
``(1) minimize bycatch and seabird interactions; and
``(2) minimize adverse fishing gear impacts on habitat
areas of particular concern.
``(c) Report.--The Secretary shall report to the Congress annually
on--
``(1) the amount expended to implement this section in the
preceding year;
``(2) developments in gear technology achieved under this
section;
``(3) the reductions in bycatch associated with
implementation of this section; and
``(4) any other relevant information.
``(d) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary $10,000,000 for
each of fiscal years 2007 through 2011.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by adding at the end of the items relating to title IV the
following:
``Sec. 409. Gear grant program.''.
(c) Report.--The Secretary of Commerce shall report to the Congress
within one year after the date of the enactment of this Act on--
(1) the extent of the problem of seabird interaction with
fisheries of the United States;
(2) efforts by the fishing industry and Regional Fishery
Management Councils to address that problem; and
(3) the extent of the problem of seabird interaction with
fisheries other than the fisheries of the United States.
(d) International Action.--The Secretary of Commerce shall take
appropriate action at appropriate international fisheries management
bodies to reduce seabird interactions in fisheries.
SEC. 16. OVER CAPITALIZATION.
(a) Discretion of Secretary to Conduct Fishing Capacity Reduction
Program.--Section 312(b) (16 U.S.C. 1861a(b)) is amended--
(1) in paragraph (1) by striking ``, at the request of the
appropriate Council for fisheries under the authority of such
Council, or the Governor of a State for fisheries under State
authority,'';
(2) in paragraph (1), by inserting ``that is managed under
a limited access system authorized by section 303(b)(6),''
after ``in a fishery''; and
(3) by redesignating paragraph (4) as paragraph (5), and by
inserting after paragraph (3) the following:
``(4) The Council, or the Governor of a State, having authority
over a fishery may request the Secretary to conduct a fishing capacity
reduction program in the fishery under this subsection.''.
(b) Requirement to Surrender All Permits.--Section 312(b)(2) (16
U.S.C. 1861a(b)(2)) is amended to read as follows:
``(2)(A) The objective of the program shall be to obtain the
maximum sustained reduction in fishing capacity at the least cost and
in a minimum period of time.
``(B) To achieve that objective, the Secretary is authorized to pay
an amount to the owner of a fishing vessel, if--
``(i) such vessel is scrapped, or through the Secretary of
the department in which the Coast Guard is operating, subjected
to title restrictions that permanently prohibit and effectively
prevent its use in fishing;
``(ii) all permits authorizing the participation of the
vessel in any fishery under the jurisdiction of the United
States are surrendered for permanent revocation; and
``(iii) the owner of the vessel and such permits
relinquishes any claim associated with the vessel and such
permits that could qualify such owner for any present or future
limited access system permit in the fishery for which the
program is established.''.
(c) Ensuring Vessels Do Not Enter Foreign or High Seas Fisheries.--
Section 312(b) (16 U.S.C. 1861a(b)) is further amended by adding at the
end the following:
``(6) The Secretary may not make a payment under paragraph (2) with
respect to a vessel that will not be scrapped, unless the Secretary
certifies that the vessel will not be used for any fishing, including
fishing in the waters of a foreign nation and fishing on the high
seas.''.
(d) Report.--
(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; and
(C) 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. 17. AMENDMENT REGARDING DEFINITIONS OF FISHING COMMUNITY AND
RECREATIONAL FISHING INDUSTRY.
(a) Definition of Fishing Community.--Section 3 (16 U.S.C. 1802) is
further amended in paragraph (16) of subsection (a)--
(1) by striking ``harvest'' and inserting ``catch,
harvest,''; and
(2) by inserting ``, recreational participants, marina
owners and operators, for-hire vessel owners and operators,
bait and tackle shop owners and operators,'' after ``crew''.
(b) Recreational Fishing Industry.--Section 3 (16 U.S.C. 1802) is
further amended by adding at the end of subsection (a) the following:
``(45) The term `recreational fishing industry' means
individual anglers, boat builders, fishing tackle
manufacturers, for-hire vessel owners and operators, bait and
tackle shop owners and operators, and recreational marina
owners and operators.''.
SEC. 18. CONSIDERATION OF ECONOMIC IMPACTS.
Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) in paragraph (5) by inserting ``economic information
necessary to meet the requirements of this Act,'' after
``number of hauls,'';
(2) in paragraph (13) by striking ``fishery'' the first
place it appears and inserting ``fishery, including their
economic impact,''; and
(3) in paragraph (14) by striking ``allocate'' and
inserting ``allocate, taking into consideration the economic
impact of harvest restrictions or recovery benefits on the
fishery participants in each sector,''.
SEC. 19. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY
PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is further
amended by adding at the end the following:
``SEC. 316. 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) vessel repair and refloating;
``(D) debris removal and cleaning;
``(E) public and private oyster bed, shrimp, and
other fisheries rehabilitation; and
``(F) 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) 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.
``(4) 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)).''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is further amended by inserting after the item relating to
section 315 the following:
``Sec. 316. Regional coastal disaster assistance, transition, and
recovery program.''.
SEC. 20. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 4 (16 U.S.C. 1803) is amended by
striking paragraphs (1) through (4) and inserting the following:
``(1) $338,970,000 for fiscal year 2007.
``(2) $366,087,000 for fiscal year 2008.
``(3) $395,374,000 for fiscal year 2009.
``(4) $427,604,000 for fiscal year 2010.
``(5) $461,812,000 for fiscal year 2011.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by inserting after the item relating to section 3 the
following:
``Sec. 4. Authorization of appropriations.''.
SEC. 21. REVIEW AND REPORT REGARDING VIOLATIONS OF DISCLOSURE, CONFLICT
OF INTEREST, AND RECUSAL PROVISIONS.
The Secretary of Commerce shall, within 6 months after the date of
enactment of this Act, review the votes of all Fishery Management
Councils that have occurred since the date of the enactment of the
Sustainable Fisheries Act (Public Law 104-297) and report to the
Committee on Resources of the House of Representatives on whether there
were any meaningful violations of the disclosure, conflict of interest,
and recusal provisions of section 302(j) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(j)). The
Secretary shall include in the report recommendations for legislative
or regulatory changes to section 302(j) of such Act as the Secretary
considers appropriate to address situations with respect to which
violations were identified in the review.
SEC. 22. REPORT ON EFFECTS OF HURRICANES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration shall report to the Congress on the effects
of Hurricanes Katrina, Rita, and Wilma on the fisheries and fish
habitat of the United States.
(b) Contents.--The report shall include a description of the
effects of such hurricanes on--
(1) commercial and recreational fisheries;
(2) owners and operators of shrimp fishing vessels; and
(3) the oyster industry.
SEC. 23. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT ON
FISHERIES.
The Secretary of Commerce shall request the National Research
Council to conduct a study of the acidification of the oceans and how
this process effects United States fisheries.
Union Calendar No. 323
109th CONGRESS
2d Session
H. R. 5018
[Report No. 109-567]
_______________________________________________________________________
A BILL
To reauthorize the Magnuson-Stevens Fishery Conservation and Management
Act, and for other purposes.
_______________________________________________________________________
July 17, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed