[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5946 Enrolled Bill (ENR)]


        H.R.5946

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
To amend the Magnuson-Stevens Fishery Conservation and Management Act to 
 authorize activities to promote improved monitoring and compliance for 
  high seas fisheries, or fisheries governed by international fishery 
             management agreements, 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 Reauthorization 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. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and recovery 
          program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal 
          habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction. 
Sec. 122. Conversion to catcher/processor shares.

                   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. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on commercial and recreational fishery 
          habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Sec. 217. Study of shortage in the number of individuals with post- 
          baccalaureate degrees in subjects related to fishery science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.

                   TITLE III--OTHER FISHERIES STATUTES

Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries Acts.

                         TITLE IV--INTERNATIONAL

Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated 
          fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and 
          reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.

    TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification. 
Sec. 511. Authorization of appropriations.

                        TITLE VI--PACIFIC WHITING

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Study of the acidification of the oceans and effect on 
          fisheries.
Sec. 702. Puget Sound regional shellfish settlement.

                TITLE VIII--TSUNAMI WARNING AND EDUCATION

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
Sec. 808. Authorization of appropriations.

                          TITLE IX--POLAR BEARS

Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.

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 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) In General.--Section 3 (16 U.S.C. 1802) is amended--
        (1) 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.'';
        (2) 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.'';
        (3) 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 
        expressed by a unit or units representing a portion of the 
        total allowable catch of the fishery 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).
        ``(23B) The term `limited access system' means a system that 
    limits participation in a fishery to those satisfying certain 
    eligibility criteria or requirements contained in a fishery 
    management plan or associated regulation.''; and
        (4) 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.''.
    (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) and (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)).
        (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.--In managing any fisheries under 
an international fisheries agreement to which the United States is a 
party, the appropriate Council or Secretary shall take into account the 
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, an overfished stock, or a stock that 
is approaching a condition of being overfished, 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. 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 ``will not'' and inserting ``cannot, or will 
    not,''; and
        (3) by inserting after ``Act.'' the following: ``Allocations of 
    the total allowable level of foreign fishing are discretionary, 
    except that the total allowable level shall be zero for fisheries 
    determined by the Secretary to have adequate or excess domestic 
    harvest capacity.''.

SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

    Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
        (1) by inserting ``and any funds or contributions received in 
    support of conservation and management objectives under a marine 
    conservation plan'' after ``agreement'' in paragraph (7); and
        (2) by inserting after ``paragraph (4).'' in paragraph (8) the 
    following: ``In the case of violations by foreign vessels occurring 
    within the exclusive economic zones off Midway Atoll, Johnston 
    Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and 
    Wake Islands, amounts received by the Secretary attributable to 
    fines and penalties imposed under this Act, shall be deposited into 
    the Western Pacific Sustainable Fisheries Fund established under 
    paragraph (7) of this subsection.''.

SEC. 7. 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) $337,844,000 for fiscal year 2007;
        ``(2) $347,684,000 for fiscal year 2008;
        ``(3) $357,524,000 for fiscal year 2009;
        ``(4) $367,364,000 for fiscal year 2010;
        ``(5) $377,204,000 for fiscal year 2011;
        ``(6) $387,044,000 for fiscal year 2012; and
        ``(7) $396,875,000 for fiscal year 2013.''.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended by inserting ``by utilizing economic and social data that 
meet the requirements of paragraph (2),'' 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 conservation, 
economic, and social impacts, of the conservation 
and management measures on, and possible mitigation measures for--''.

SEC. 102. 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''.

SEC. 103. 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, preventing overfishing, maximum sustainable yield, and 
    achieving rebuilding targets, and reports on stock status and 
    health, bycatch, habitat status, social and economic impacts of 
    management measures, and sustainability of fishing practices.
        ``(C) Members appointed by the Councils to the scientific and 
    statistical committees shall be Federal employees, State employees, 
    academicians, or independent experts and shall have strong 
    scientific or technical credentials and experience.
        ``(D) Each member of a scientific and statistical committee 
    shall be treated as an affected individual for purposes of 
    paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The 
    Secretary shall keep disclosures made pursuant to this subparagraph 
    on file.
        ``(E) The Secretary and each Council may establish a peer 
    review process for that Council for scientific information used to 
    advise the Council about the conservation and management of the 
    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).
        ``(F) In addition to the provisions of section 302(f)(7), the 
    Secretary shall, subject to the availability of appropriations, 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.
        ``(G) A science and statistical committee shall hold its 
    meetings in conjunction with the meeting of the Council, to the 
    extent practicable.''.
        (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) develop annual catch limits for each of its managed 
    fisheries that may not exceed the fishing level recommendations of 
    its scientific and statistical committee or the peer review process 
    established under subsection (g); and''.
    (d) Scientific Research Priorities.--Section 302(h) (16 U.S.C. 
1852(h)), as amended by subsection (c), is further amended--
        (1) by striking ``(g); and'' in paragraph (6) and inserting 
    ``(g);'';
        (2) by redesignating paragraph (7), as redesignated by 
    subsection (c)(2), as paragraph (8);
        (2) by inserting after paragraph (6) the following:
        ``(7) 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; and''.
    (e) Regular and Emergency Meetings.--Section 302(i)(2)(C) (16 
U.S.C. 1852(i)(2)(C)) is amended by striking ``published in local 
newspapers in the major fishing ports of the region (and in other major 
fishing ports having a direct interest in the affected fishery) and 
such notice may be given by such other means as will result in wide 
publicity.'' and inserting ``provided by any means that will result in 
wide publicity in the major fishing ports of the region (and in other 
major fishing ports having a direct interest in the affected fishery), 
except that e-mail notification and website postings alone are not 
sufficient.''.
    (f) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers in the 
major fishing ports within its region (and in other major, affected 
fishing ports,'' and inserting ``provide notice by any means that will 
result in wide publicity in the major fishing ports of the region (and 
in other major fishing ports having a direct interest in the affected 
fishery), except that e-mail notification and website postings alone 
are not sufficient,''.
    (g) 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 Reauthorization 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) 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) other topics suggested by the Council; and
            ``(I) recreational and commercial fishing information, 
        including fish harvesting techniques, gear types, fishing 
        vessel types, and economics for the fisheries within each 
        Council's jurisdiction.
        ``(2) Member training.--The training course 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 may be made available to committee or 
    advisory panel members as resources allow.
        ``(3) Required training.--Council members appointed after the 
    date of enactment of the Magnuson-Stevens Fishery Conservation and 
    Management Reauthorization Act of 2006 shall complete a training 
    course that meets the requirements of this section not later than 1 
    year after the date on which they were appointed. Any Council 
    member who has completed a training course within 24 months before 
    the date of enactment of the Magnuson-Stevens Fishery Conservation 
    and Management Reauthorization Act of 2006 shall be considered to 
    have met the training requirement of this paragraph.
    ``(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.''.
    (h) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is 
amended--
        (1) by striking ``to the Councils or to the scientific and 
    statistical committees or advisory panels established under 
    subsection (g).'' in paragraph (1) 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) by striking ``of a Council, and of the scientific and 
    statistical committee and advisory panels established under 
    subsection (g):'' in paragraph (2) 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) by inserting ``the Council Coordination Committee 
    established under subsection (l),'' in paragraph (3)(A) after 
    ``Council,''; and
        (4) by inserting ``other committees,'' in paragraph (3)(A) 
    after ``committee,''.
    (i) 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 an 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 hours; 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, including identification of any conflict of interest 
problems with respect to the Councils and scientific and statistical 
committees and recommendations for addressing any such problems.''.
    (j) 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 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.
    ``(ii) Notwithstanding the requirements of subparagraph (C), if the 
Secretary determines that the list of names submitted by the Governor 
does not meet the requirements of clause (i) 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.
    ``(iii) For purposes of clause (i) 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 or recreational 
fishing sector.
    ``(iv) The requirements of this subparagraph shall expire at the 
end of fiscal year 2012.''.

SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
        (1) by 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 ``and'' after the semicolon in paragraph 
    (9)(A);
        (4) by inserting ``and'' after the semicolon in paragraph 
    (9)(B);
        (5) by inserting after paragraph (9)(B) the following:
            ``(C) the safety of human life at sea, including whether 
        and to what extent such measures may affect the safety of 
        participants in the fishery;'';
        (6) by striking ``fishery'' the first place it appears in 
    paragraph (13) and inserting ``fishery, including its economic 
    impact,'';
        (7) by striking ``and'' after the semicolon in paragraph (13);
        (8) 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,'';
        (9) by striking ``fishery.'' in paragraph (14) and inserting 
    ``fishery and;''; and
        (10) by adding at the end the following:
        ``(15) establish a mechanism for specifying annual catch limits 
    in the plan (including a multiyear plan), implementing regulations, 
    or annual specifications, at a level such that overfishing does not 
    occur in the fishery, including measures to ensure 
    accountability.''.
    (b) Effective Dates; Application to Certain Species.--The amendment 
made by subsection (a)(10)--
        (1) shall, unless otherwise provided for under an international 
    agreement in which the United States participates, take effect--
            (A) in fishing year 2010 for fisheries determined by the 
        Secretary to be subject to overfishing; and
            (B) in fishing year 2011 for all other fisheries; and
        (2) shall not apply to a fishery for species that have a life 
    cycle of approximately 1 year unless the Secretary has determined 
    the fishery is subject to overfishing of that species; and
        (3) shall not limit or otherwise affect the requirements of 
    section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery 
    Conservation and Management Act (16 U.S.C. 1851(a)(1) or 1854(e), 
    respectively).
    (c) Clarification of Rebuilding Provision.--Section 304(e) (16 
U.S.C. 1854(e)) is amended--
        (1) by striking ``one year of'' in paragraph (3) and inserting 
    ``2 years after'';
        (2) by inserting ``and implement'' after ``prepare'' in 
    paragraph (3);
        (3) by inserting ``immediately'' after ``overfishing'' in 
    paragraph (3)(A);
        (4) by striking ``ending overfishing and'' in paragraph (4)(A); 
    and
        (5) by striking ``one-year'' in paragraph (5) and inserting 
    ``2-year''.
    (d) Effective Date for Subsection (c).--The amendments made by 
subsection (c) shall take effect 30 months after the date of enactment 
of this Act.

SEC. 105. 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 after 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; and
        ``(C) with respect to any closure of an area under this Act 
    that prohibits all fishing, ensure that such closure--
            ``(i) is based on the best scientific information 
        available;
            ``(ii) includes criteria to assess the conservation benefit 
        of the closed area;
            ``(iii) establishes a timetable for review of the closed 
        area's performance that is consistent with the purposes of the 
        closed area; and
            ``(iv) 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: users of the area, overall fishing activity, fishery 
        science, and fishery and marine conservation;'';
        (3) by striking ``fishery;'' in paragraph (5) and inserting 
    ``fishery and take into account the different circumstances 
    affecting fisheries from different States and ports, including 
    distances to fishing grounds and proximity to time and area 
    closures;'';
        (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) present participation in the fishery;
            ``(B) historical fishing practices in, and dependence on, 
        the fishery;
            ``(C) the economics of the fishery;
            ``(D) the capability of fishing vessels used in the fishery 
        to engage in other fisheries;
            ``(E) the cultural and social framework relevant to the 
        fishery and any affected fishing communities;
            ``(F) the fair and equitable distribution of access 
        privileges in the fishery; and
            ``(G) 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) 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. 106. 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 Reauthorization 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.--Limited access 
privilege, quota share, or other limited access system 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 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.--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) fishing safety;
                ``(ii) fishery conservation and management; and
                ``(iii) social and economic benefits;
            ``(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, including any person 
        that acquires a limited access privilege solely for the purpose 
        of perfecting or realizing on a security interest in such 
        privilege;
            ``(E) require that all fish harvested under a limited 
        access privilege program be processed on vessels of the United 
        States 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 implementation of the 
        program and thereafter to coincide with scheduled Council 
        review of the relevant fishery management plan (but no less 
        frequently than once every 7 years);
            ``(H) include an effective system for enforcement, 
        monitoring, and management of the program, including the use of 
        observers or electronic monitoring systems;
            ``(I) include an appeals process for administrative review 
        of the Secretary's decisions regarding initial allocation of 
        limited access privileges;
            ``(J) provide for the establishment by the Secretary, in 
        consultation with appropriate Federal agencies, for an 
        information collection and review process to provide any 
        additional information needed 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.
        ``(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 coastal 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 or revoke limited access privileges granted 
            under this section for any person who fails to comply with 
            the requirements of the community sustainability plan. Any 
            limited access privileges denied or revoked under this 
            section may be reallocated to other eligible members of the 
            fishing community.
            ``(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;
                ``(iv) consist of participants in the fishery who hold 
            quota share that are designated for use in the specific 
            region or subregion covered by the regional fishery 
            association, including commercial or recreational fishing, 
            processing, fishery-dependent support businesses, or 
            fishing communities;
                ``(v) not be eligible to receive an initial allocation 
            of a limited access privilege but may acquire such 
            privileges after the initial allocation, and may hold the 
            annual fishing privileges of any limited access privileges 
            it holds or the annual fishing privileges that is members 
            contribute; and
                ``(vi) 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 or revoke limited access privileges granted under this 
        section to any person participating in a regional fishery 
        association who fails to comply with the requirements of the 
        regional fishery association 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;
                ``(v) the administrative and fiduciary soundness of the 
            association; and
                ``(vi) 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) consider the basic cultural and social framework of 
        the fishery, especially through--
                ``(i) 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; and
                ``(ii) procedures to address concerns over excessive 
            geographic or other consolidation in the harvesting or 
            processing sectors of the fishery;
            ``(C) include measures to assist, when necessary and 
        appropriate, entry-level and small vessel owner-operators, 
        captains, crew, and fishing communities through set-asides of 
        harvesting allocations, including providing privileges, which 
        may include set-asides or allocations of harvesting privileges, 
        or economic assistance in the purchase of limited access 
        privileges;
            ``(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, 
            acquire, or use; and
                ``(ii) establishing any other limitations or measures 
            necessary to prevent an inequitable concentration of 
            limited access privileges; and
            ``(E) authorize limited access privileges to harvest fish 
        to be held, acquired, used by, or issued under the system to 
        persons who substantially participate in the fishery, including 
        in a specific sector of such fishery, as specified by the 
        Council.
        ``(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 of Mexico, 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, or other persons described in clause (v), 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 of Mexico, 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 Reauthorization 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.
                ``(v) The Secretary shall promulgate criteria for 
            determining whether additional fishery participants are 
            eligible to vote in the New England referendum described in 
            clause (i) in order to ensure that crew members who derive 
            a significant percentage of their total income from the 
            fishery under the proposed program are eligible to vote in 
            the referendum.
                ``(vi) In this subparagraph, the term `individual 
            fishing quota' does not include a sector allocation.
        ``(7) Transferability.--In establishing a limited access 
    privilege program, a Council shall--
            ``(A) establish a policy and criteria for the 
        transferability of limited access privileges (through sale or 
        lease), that is consistent with the policies adopted by the 
        Council for the fishery under paragraph (5); and
            ``(B) establish, in coordination with the Secretary, a 
        process for monitoring of transfers (including sales and 
        leases) of limited access privileges.
        ``(8) Preparation and implementation of secretarial plans.--
    This subsection also applies to a plan prepared and implemented by 
    the Secretary under section 304(c) or 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 shall consider, and may provide, 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 this section; 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) Characteristics.--A limited access privilege established 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 is a permit 
issued for a period of not more than 10 years that--
        ``(1) will be renewed before the end of that period, unless it 
    has been revoked, limited, or modified as provided in this 
    subsection;
        ``(2) will be revoked, limited, or modified if the holder is 
    found by the Secretary, after notice and an opportunity for a 
    hearing under section 554 of title 5, United States Code, to have 
    failed to comply with any term of the plan identified in the plan 
    as cause for revocation, limitation, or modification of a permit, 
    which may include conservation requirements established under the 
    plan;
        ``(3) may be revoked, limited, or modified if the holder is 
    found by the Secretary, after notice and an opportunity for a 
    hearing under section 554 of title 5, United States Code, to have 
    committed an act prohibited by section 307 of this Act; and
        ``(4) may be acquired, or reacquired, by participants in the 
    program under a mechanism established by the Council if it has been 
    revoked, limited, or modified under paragraph (2) or (3).
    ``(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 53706(a)(7) of title 46, United States 
    Code, 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 Reauthorization Act of 2006, shall be 
construed to require a reallocation or a reevaluation of individual 
quota shares, processor quota shares, cooperative programs, or other 
quota programs, including sector allocation in effect before the date 
of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006.
    ``(i) Transition Rules.--
        ``(1) In general.--The requirements of this section shall not 
    apply to any quota program, including any individual quota program, 
    cooperative program, or sector allocation for which a Council has 
    taken final action or which has been submitted by a Council to the 
    Secretary, or approved by the Secretary, within 6 months after the 
    date of enactment of the Magnuson-Stevens Fishery Conservation and 
    Management Reauthorization Act of 2006, except that--
            ``(A) the requirements of section 303(d) of this Act in 
        effect on the day before the date of enactment of that Act 
        shall apply to any such program;
            ``(B) the program shall be subject to review under 
        subsection (c)(1)(G) of this section not later than 5 years 
        after the program implementation; and
            ``(C) nothing in this subsection precludes a Council from 
        incorporating criteria contained in this section into any such 
        plans.
        ``(2) Pacific groundfish proposals.--The requirements of this 
    section, other than subparagraphs (A) and (B) of subsection (c)(1) 
    and subparagraphs (A), (B), and (C) of paragraph (1) of this 
    subsection, shall not apply to any proposal authorized under 
    section 302(f) of the Magnuson-Stevens Fishery Conservation and 
    Management Reauthorization Act of 2006 that is submitted within the 
    timeframe prescribed by that section.''.
    (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 alia).

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 6 months after the 
        date of enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 2006;
            ``(B) provide 90 days for public review and comments; and
            ``(C) promulgate final procedures no later than 12 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,'' the 
second time it appears 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. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY DEVELOPMENT.

    Section 305 (16 U.S.C. 1855) is amended by adding at the end 
thereof the following:
    ``(j) Western Pacific and Northern Pacific Regional Marine 
Education and Training.--
        ``(1) In general.--The Secretary shall establish a pilot 
    program for regionally-based marine education and training programs 
    in the Western Pacific and the Northern Pacific to foster 
    understanding, practical use of knowledge (including native 
    Hawaiian, Alaskan Native, and other Pacific Islander-based 
    knowledge), and technical expertise relevant to stewardship of 
    living marine resources. The Secretary shall, in cooperation with 
    the Western Pacific and the North Pacific Regional Fishery 
    Management Councils, regional educational institutions, and local 
    Western Pacific and Northern Pacific community training entities, 
    establish programs or projects that will improve communication, 
    education, and training on marine resource issues throughout the 
    region and increase scientific education for marine-related 
    professions among coastal community residents, including indigenous 
    Pacific islanders, Native Hawaiians, Alaskan Natives, and other 
    underrepresented groups in the region.
        ``(2) Program components.--The program shall--
            ``(A) include marine science and technology education and 
        training programs focused on preparing community residents for 
        employment in marine related professions, including marine 
        resource conservation and management, marine science, marine 
        technology, and maritime operations;
            ``(B) include fisheries and seafood-related training 
        programs, including programs for fishery observers, seafood 
        safety and seafood marketing, focused on increasing the 
        involvement of coastal community residents in fishing, fishery 
        management, and seafood-related operations;
            ``(C) include outreach programs and materials to educate 
        and inform consumers about the quality and sustainability of 
        wild fish or fish products farmed through responsible 
        aquaculture, particularly in Hawaii, Alaska, the Western 
        Pacific, the Northern Pacific, and the Central Pacific;
            ``(D) include programs to identify, with the fishing 
        industry, methods and technologies that will improve the data 
        collection, quality, and reporting and increase the 
        sustainability of fishing practices, and to transfer such 
        methods and technologies among fisheries sectors and to other 
        nations in the Western, Northern, and Central Pacific;
            ``(E) develop means by which local and traditional 
        knowledge (including Pacific islander, Native Hawaiian, and 
        Alaskan Native knowledge) can enhance science-based management 
        of fishery resources of the region; and
            ``(F) develop partnerships with other Western Pacific 
        Island and Alaskan agencies, academic institutions, and other 
        entities to meet the purposes of this section.''.

SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

    Section 305 (16 U.S.C. 1855), as amended by section 109 of this 
Act, is further amended by adding at the end thereof the following:
    ``(k) Multispecies Groundfish.--
        ``(1) In general.--Within 60 days after the date of enactment 
    of the Magnuson-Stevens Fishery Conservation and Management 
    Reauthorization Act of 2006, the Secretary of Commerce shall 
    determine whether fishing in State waters--
            ``(A) without a New England multispecies groundfish fishery 
        permit on regulated species within the multispecies complex is 
        not consistent with the applicable Federal fishery management 
        plan; or
            ``(B) without a Federal bottomfish and seamount groundfish 
        permit in the Hawaiian archipelago on regulated species within 
        the complex is not consistent with the applicable Federal 
        fishery management plan or State data are not sufficient to 
        make such a determination.
        ``(2) Cure.--If the Secretary makes a determination that such 
    actions are not consistent with the plan, the Secretary shall, in 
    consultation with the Council, and after notifying the affected 
    State, develop and implement measures to cure the inconsistency 
    pursuant to section 306(b).''.

SEC. 111. 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 vessel monitoring systems, satellite-based 
            maritime distress and safety 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 Reauthorization Act of 2006, the Secretary shall 
    implement data-sharing measures to make any data required to be 
    provided by this Act from satellite-based 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.--Within 15 months after the date of enactment of this 
Act, the National Marine Fisheries Service and the United States 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 vessel monitoring systems, satellite-based maritime 
    distress and safety 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 satellite-based 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 satellite-based 
    maritime distress and safety system 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 satellite-based maritime distress 
    and safety system or similar systems could be developed, purchased, 
    and distributed to regulated vessels.

SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
        (1) by striking ``measures;'' in subsection (a)(1)(B) and 
    inserting ``measures, including regulatory restrictions (including 
    those imposed as a result of judicial action) imposed to protect 
    human health or the marine environment;'';
        (2) by striking ``1996, 1997, 1998, and 1999.'' in subsection 
    (a)(4) and inserting ``2007 through 2013.'';
        (3) by striking ``or the Governor of a State for fisheries 
    under State authority, may conduct a fishing'' in subsection (b)(1) 
    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) by inserting ``practicable'' after ``entrants,'' in 
    subsection (b)(1)(B)(i);
        (5) by striking ``cost-effective and'' in subsection (b)(1)(C) 
    and inserting ``cost-effective and, in the instance of a program 
    involving an industry fee system, prospectively'';
        (6) by striking subparagraph (A) of subsection (b)(2) 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 or in any other fishery 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'';
        (7) by striking ``The Secretary shall consult, as appropriate, 
    with Councils,'' in subsection (b)(4) and inserting ``The harvester 
    proponents of each program and the Secretary shall consult, as 
    appropriate and practicable, with Councils,'';
        (8) by adding at the end of subsection (b) the following:
    ``(5) Payment condition.--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 
fishing in the waters of a foreign nation or fishing on the high seas.
    ``(6) Report.--
        ``(A) In general.--Subject to the availability of funds, the 
    Secretary shall, within 12 months after the date of the enactment 
    of the Magnuson-Stevens Fishery Conservation and Management 
    Reauthorization Act of 2006 submit to the Congress a report--
            ``(i) 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;
            ``(ii) 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
            ``(iii) potential sources of funding for such measures.
        ``(B) Basis for recommendations.--The Secretary shall base the 
    recommendations made with respect to a fishery on--
            ``(i) the most cost effective means of achieving voluntary 
        reduction in capacity for the fishery using the potential for 
        industry financing; and
            ``(ii) 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 on 
        the high seas.'';
        (9) by striking ``Secretary, at the request of the appropriate 
    Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
        (10) by striking ``Secretary, in consultation with the 
    Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
        (11) by striking ``a two-thirds majority of the participants 
    voting.'' in subsection (d)(1)(B) 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) by striking ``establish;'' in subsection (d)(2)(C) and 
    inserting ``establish, unless the Secretary determines that such 
    fees should be collected from the seller;''; and
        (13) 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 and affected 
            fishing communities;
                ``(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.

SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
              RECOVERY PROGRAM.

    (a) In General.--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 while ensuring 
        that those projects will not result in an increase or 
        replacement of fishing capacity;
            ``(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 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 regulatory 
closure (including regulatory closures resulting from judicial action) 
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) Salmon Plan and Study.--
        (1) Recovery plan.--Not later than 6 months after the date of 
    enactment of this Act, the Secretary of Commerce shall complete a 
    recovery plan for Klamath River Coho salmon and make it available 
    to the public.
        (2) Annual report.--Not later than 2 years after the date of 
    enactment of this Act, and annually thereafter, the Secretary of 
    Commerce shall submit a report to the Senate Committee on Commerce, 
    Science, and Transportation and the House of Representatives 
    Committee on Resources on--
            (A) the actions taken under the recovery plan and other law 
        relating to recovery of Klamath River Coho salmon, and how 
        those actions are specifically contributing to its recovery;
            (B) the progress made on the restoration of salmon spawning 
        habitat, including water conditions as they relate to salmon 
        health and recovery, with emphasis on the Klamath River and its 
        tributaries below Iron Gate Dam;
            (C) the status of other Klamath River anadromous fish 
        populations, particularly Chinook salmon; and
            (D) the actions taken by the Secretary to address the 
        calendar year 2003 National Research Council recommendations 
        regarding monitoring and research on Klamath River Basin salmon 
        stocks.
    (c) Oregon and California Salmon Fishery.--Federally recognized 
Indian tribes and small businesses, including fishermen, fish 
processors, and related businesses serving the fishing industry, 
adversely affected by Federal closures and fishing restrictions in the 
Oregon and California 2006 fall Chinook salmon fishery are eligible to 
receive direct assistance under section 312(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and 
section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107(d)). The Secretary may use no more than 4 percent of any 
monetary assistance to pay for administrative costs.

SEC. 114. 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 2013, not to exceed amounts authorized under 
    subsection (d).
        (4) To provide opportunities for loan forgiveness, as specified 
    in subsection (c).
    (b) Loan Forgiveness.--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, with 
respect to uninsured losses--
        (1) 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
        (2) 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 chapter 537 of title 46, United States Code.
    (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 2013.

SEC. 115. FISHERIES HURRICANE ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Commerce shall establish an 
assistance program for the Gulf of Mexico commercial and recreational 
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 fishery (including crawfish) catch landed by each 
State before August 29, 2005, 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 are authorized to be 
appropriated to the Secretary of Commerce $17,500,000 for each of 
fiscal years 2007 through 2012 to carry out this section.

SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.), as amended by 
section 113 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 Reauthorization 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, including grants, to develop technological 
devices and other conservation engineering changes designed to minimize 
bycatch, seabird interactions, 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 interactions, 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 interactions, rates; and
        ``(3) measures that, based on the best scientific information 
    available, will reduce bycatch and seabird interactions, bycatch 
    mortality, post-release mortality, or regulatory discards in the 
    fishery.
    ``(c) Coordination on Seabird Interactions.--The Secretary, in 
coordination with the Secretary of Interior, is authorized to undertake 
projects in cooperation with industry to improve information and 
technology to reduce seabird bycatch, including--
        ``(1) outreach to industry on new technologies and methods;
        ``(2) projects to mitigate for seabird mortality; and
        ``(3) actions at appropriate international fishery 
    organizations to reduce seabird interactions in fisheries.
    ``(d) Report.--The Secretary shall transmit an annual report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Resources that--
        ``(1) describes funding provided to implement this section;
        ``(2) describes developments in gear technology achieved under 
    this section; and
        ``(3) describes improvements and reduction in bycatch and 
    seabird interactions associated with implementing this section, as 
    well as proposals to address remaining bycatch or seabird 
    interaction problems.''.
    (b) CDQ Bycatch Limitations.--
        (1) In general.--Section 305(i) (16 U.S.C. 1855(i)) is 
    amended--
            (A) by striking ``directed fishing allocation'' and all 
        that follows in paragraph (1)(B)(ii)(I), and inserting ``total 
        allocation (directed and nontarget combined) of 10.7 percent 
        effective January 1, 2008; and'';
            (B) by striking ``directed fishing allocation of 10 
        percent.'' in paragraph (1)(B)(ii)(II) and inserting ``total 
        allocation (directed and nontarget combined) of 10.7 
        percent.'';
            (C) by inserting after paragraph (1)(B)(ii) the following:
            ``The total allocation (directed and nontarget combined) 
            for a fishery to which subclause (I) or (II) applies may 
            not be exceeded.''; and
            (D) by inserting ``Voluntary transfers by and among 
        eligible entities shall be allowed, whether before or after 
        harvesting. Notwithstanding the first sentence of this 
        subparagraph, seven-tenths of one percent of the total 
        allowable catch, guideline harvest level, or other annual catch 
        limit, within the amount allocated to the program by subclause 
        (I) or subclause (II) of subparagraph (B)(ii), shall be 
        allocated among the eligible entities by the panel established 
        in subparagraph (G), or allocated by the Secretary based on the 
        nontarget needs of eligible entities in the absence of a panel 
        decision.'' after ``2006.'' in paragraph (1)(C).
        (2) Effective date.--The allocation percentage in subclause (I) 
    of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery 
    Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as 
    amended by paragraph (1) of this subsection, shall be in effect in 
    2007 with respect to any sector of a fishery to which such 
    subclause applies and in which a fishing cooperative is established 
    in 2007, and such sector's 2007 allocation shall be reduced by a 
    pro rata amount to accomplish such increased allocation to the 
    program. For purposes of section 305(i)(1) of that Act and of this 
    subsection, the term ``fishing cooperative'' means a fishing 
    cooperative whether or not authorized by a fishery management 
    council or Federal agency, if a majority of the participants in the 
    sector are participants in the fishing cooperative.

SEC. 117. 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.

SEC. 118. 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 in 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. 119. SHARK FEEDING.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 116 of 
this Act, is further amended by adding at the end the following:

``SEC. 317. SHARK FEEDING.

    ``Except to the extent determined by the Secretary, or under State 
law, as presenting no public health hazard or safety risk, or when 
conducted as part of a research program funded in whole or in part by 
appropriated funds, it is unlawful to introduce, or attempt to 
introduce, food or any other substance into the water to attract sharks 
for any purpose other than to harvest sharks within the Exclusive 
Economic Zone seaward of the State of Hawaii and of the Commonwealths, 
territories, and possessions of the United States in the Pacific Ocean 
Area.''.

SEC. 120. CLARIFICATION OF FLEXIBILITY.

    (a) In General.--The Secretary of Commerce has the discretion under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1851 et seq.) to extend the time for rebuilding the summer flounder 
fishery to not later than January 1, 2013, only if--
        (1) the Secretary has determined that--
            (A) overfishing is not occurring in the fishery and that a 
        mechanism is in place to ensure overfishing does not occur in 
        the fishery; and
            (B) stock biomass levels are increasing;
        (2) the biomass rebuilding target previously applicable to such 
    stock will be met or exceeded within the new time for rebuilding;
        (3) the extension period is based on the status and biology of 
    the stock and the rate of rebuilding;
        (4) monitoring will ensure rebuilding continues;
        (5) the extension meets the requirements of section 301(a)(1) 
    of that Act (16 U.S.C. 1851(a)(1)); and
        (6) the best scientific information available shows that the 
    extension will allow continued rebuilding.
    (b) Authority.--Nothing in this section shall be construed to amend 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1851 et seq.) or to limit or otherwise alter the authority of the 
Secretary under that Act concerning other species.

SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY REDUCTION.

    Section 209 of the Department of Commerce and Related Agencies 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2884) is 
amended--
        (1) by inserting ``(a) In General.--'' after ``Sec. 209.'';
        (2) by striking ``is authorized to'' in the first sentence and 
    inserting ``shall'';
        (3) by striking ``$50,000,000'' and all that follows in the 
    first sentence and inserting ``up to $25,000,000 pursuant to 
    section 57735 of title 46, United States Code.'';
        (4) by striking the third sentence and inserting: ``The loan 
    shall have a term of 40 years.''; and
        (5) by adding at the end the following:
    ``(b) Southeast Alaska Fisheries Program.--
        ``(1) Conduct of program by rsa.--The program described in 
    subsection (a) shall be conducted under Alaska law by the Southeast 
    Revitalization Association.
        ``(2) Treatment under chapter 577 of title 46.--For purposes of 
    section 57735 of title 46, United States Code, the program shall be 
    considered to be a program established under section 312 of the 
    Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
    1861a).
        ``(3) Application of magnuson-stevens act.--Notwithstanding 
    paragraph (2), the program shall not be subject to section 312 of 
    the Magnuson-Stevens Fishery Conservation and Management Act (16 
    U.S.C. 1861a), except for subsections (b)(1)(C) and (d) of that 
    section.
    ``(c) Southeast Alaska Fisheries Program Approval and Referendum.--
        ``(1) In general.--The Secretary of Commerce may approve a 
    capacity reduction plan submitted by the Southeast Revitalization 
    Association under subsection (b).
        ``(2) Referendum.--The Secretary shall conduct an industry fee 
    system referendum for the buyback under the program in accordance 
    with section 312(d)(1) of the Magnuson-Stevens Fishery Conservation 
    and Management Act (16 U.S.C. 1861a), except that--
            ``(A) no Council request and no consultation shall be 
        required; and
            ``(B) the fee shall not exceed 3 percent of the annual ex-
        vessel value of all salmon harvested in the southeast Alaska 
        purse seine fishery.
    ``(d) Disbursal of Loan Proceeds.--If the industry fee system is 
approved as provided in section 312(d)(1)(B) of that Act (16 U.S.C. 
1861a(d)(1)(B)), the Secretary shall disburse the loan in the form of 
reduction payments to participants in such amounts as the Southeast 
Revitalization Association certifies to have been accepted under Alaska 
law for reduction payments. The Secretary shall thereafter administer 
the fee system in accordance with section 312(d)(2) of that Act (16 
U.S.C. 1861a(d)(2)), and any person paying or collecting the fee shall 
make such payments or collection such fees in accordance with the 
requirements of that Act (16 U.S.C. 1801 et seq.)''.

SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES.

    (a) In General.--
        (1) Amendment of plan.--Not later than 90 days after the date 
    of enactment of this Act, the Secretary of Commerce shall amend the 
    fishery management plan for the Bering Sea/Aleutian Islands King 
    and Tanner Crabs for the Northern Region (as that term is used in 
    the plan) to authorize--
            (A) an eligible entity holding processor quota shares to 
        elect on an annual basis to work together with other entities 
        holding processor quota shares and affiliated with such 
        eligible entity through common ownership to combine any catcher 
        vessel quota shares for the Northern Region with their 
        processor quota shares and to exchange them for newly created 
        catcher/processor owner quota shares for the Northern Region; 
        and
            (B) an eligible entity holding catcher vessel quota shares 
        to elect on an annual basis to work together with other 
        entities holding catcher vessel quota shares and affiliated 
        with such eligible entity through common ownership to combine 
        any processor quota shares for the Northern Region with their 
        catcher vessel quota shares and to exchange them for newly 
        created catcher/processor owner quota shares for the Northern 
        Region.
        (2) Eligibility and limitations.--
            (A) The authority provided in paragraph (1)(A) shall--
                (i)(I) apply only to an entity which was initially 
            awarded both catcher/processor owner quota shares, and 
            processor quota shares under the plan (in combination with 
            the processor quota shares of its commonly owned 
            affiliates) of less than 7 percent of the Bering Sea/
            Aleutian Island processor quota shares; or
                (II) apply only to an entity which was initially 
            awarded both catcher/processor owner quota shares under the 
            plan and processor quota shares under section 417(a) of the 
            Coast Guard and Maritime Transportation Act of 2006 (Public 
            Law 109-241; 120 Stat. 546);
                (ii) be limited to processor quota shares initially 
            awarded to such entities and their commonly owned 
            affiliates under the plan or section 417(a) of that Act; 
            and
                (iii) shall not exceed 1 million pounds per entity 
            during any calendar year.
            (B) The authority provided in paragraph (1)(B) shall--
                (i) apply only to an entity which was initially awarded 
            both catcher/processor owner quota shares, and processor 
            quota shares under the plan (in combination with the 
            processor quota shares of its commonly owned affiliates) of 
            more than 7 percent of the Bering Sea/Aleutian Island 
            processor quota shares;
                (ii) be limited to catcher vessel quota shares 
            initially awarded to such entity and its commonly owned 
            affiliates; and
                (iii) shall not exceed 1 million pounds per entity 
            during any calendar year.
        (3) Exchange rate.--The entities referred to in paragraph (1) 
    shall receive under the amendment 1 unit of newly created catcher/
    processor owner quota shares in exchange for 1 unit of catcher 
    vessel owner quota shares and 0.9 units of processor quota shares.
        (4) Area of validity.--Each unit of newly created catcher/
    processor owner quota shares under this subsection shall only be 
    valid for the Northern Region.
    (b) Fees.--
        (1) Local fees.--The holder of the newly created catcher/
    processor owner quota shares under subsection (a) shall pay a fee 
    of 5 percent of the ex-vessel value of the crab harvested pursuant 
    to those shares to any local governmental entities in the Northern 
    Region if the processor quota shares used to produce those newly 
    created catcher/processor owner quota shares were originally 
    derived from the processing activities that occurred in a community 
    under the jurisdiction of those local governmental entities.
        (2) State fee.--The State of Alaska may collect from the holder 
    of the newly created catcher/processor owner quota shares under 
    subsection (a) a fee of 1 percent of the ex-vessel value of the 
    crab harvested pursuant to those shares.
    (c) Off-loading Requirement.--Crab harvested pursuant to catcher/
processor owner quota shares created under this subsection shall be 
off-loaded in those communities receiving the local governmental 
entities fee revenue set forth in subsection (b)(1).
    (d) Periodic Council Review.--As part of its periodic review of the 
plan, the North Pacific Fishery Management Council may review the 
effect, if any, of this subsection upon communities in the Northern 
Region. If the Council determines that this section adversely affects 
the communities, the Council may recommend to the Secretary of 
Commerce, and the Secretary may approve, such changes to the plan as 
are necessary to mitigate those adverse effects.
    (e) Use Caps.--
        (1) In general.--Notwithstanding sections 680.42(b)(ii)(2) and 
    680.7(a)(ii)(7) of title 50, Code of Federal Regulations, custom 
    processing arrangements shall not count against any use cap for the 
    processing of opilio crab in the Northern Region so long as such 
    crab is processed in the Northern Region by a shore-based crab 
    processor.
        (2) Shore-based crab processor defined.--In this paragraph, the 
    term ``shore-based crab processor'' means any person or vessel that 
    receives, purchases, or arranges to purchase unprocessed crab, that 
    is located on shore or moored within the harbor.

                   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, 
    which shall not require a fee before January 1, 2011, 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.--
            ``(A) Improvement of the marine recreational fishery 
        statistics survey.--Within 24 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2006, the Secretary, in 
        consultation with representatives of the recreational fishing 
        industry and experts in statistics, technology, and other 
        appropriate fields, 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.
            ``(B) NRC report recommendations.--The program shall take 
        into consideration and, to the extent feasible, implement the 
        recommendations of the National Research Council in its report 
        Review of Recreational Fisheries Survey Methods (2006), 
        including--
                ``(i) redesigning the Survey to improve the 
            effectiveness and appropriateness of sampling and 
            estimation procedures, its applicability to various kinds 
            of management decisions, and its usefulness for social and 
            economic analyses; and
                ``(ii) providing for ongoing technical evaluation and 
            modification as needed to meet emerging management needs.
            ``(C) Methodology.--Unless the Secretary determines that 
        alternate methods will achieve this goal more efficiently and 
        effectively, the program shall, to the extent possible, 
        include--
                ``(i) an adequate number of intercepts to accurately 
            estimate recreational catch and effort;
                ``(ii) use of surveys that target anglers registered or 
            licensed at the State or Federal level to collect 
            participation and effort data;
                ``(iii) collection and analysis of vessel trip report 
            data from charter fishing vessels;
                ``(iv) development of a weather corrective factor that 
            can be applied to recreational catch and effort estimates; 
            and
                ``(v) an independent committee composed of recreational 
            fishermen, academics, persons with expertise in stock 
            assessments and survey design, and appropriate personnel 
            from the National Marine Fisheries Service to review the 
            collection estimates, geographic, and other variables 
            related to dockside intercepts and to identify deficiencies 
            in recreational data collection, and possible correction 
            measures.
            ``(D) Deadline.--The Secretary shall complete the program 
        under this paragraph and implement the improved Marine 
        Recreational Fishery Statistics Survey not later than January 
        1, 2009.
        ``(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 shall be 
    confidential and shall not be disclosed 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 
        the identity of business of 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 required by court order;
            ``(E) 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);
            ``(F) 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;
            ``(G) when such information is required to be submitted to 
        the Secretary for any determination under a limited access 
        program; or
            ``(H) 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 (H) 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 119 of 
this Act, is further amended by adding at the end the following:

``SEC. 318. 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), fishing industry 
participants (including use of commercial charter or recreational 
vessels for gathering data), 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 
    post-release mortality occurring in a fishery.
        ``(3) Conservation engineering projects designed to reduce 
    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 Reauthorization 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. HERRING STUDY.

    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. 319. HERRING STUDY.

    ``(a) In General.--The Secretary may conduct a cooperative research 
program to study the issues of abundance, distribution and the role of 
herring as forage fish for other commercially important fish stocks in 
the Northwest Atlantic, and the potential for local scale depletion 
from herring harvesting and how it relates to other fisheries in the 
Northwest Atlantic. In planning, designing, and implementing this 
program, the Secretary shall engage multiple fisheries sectors and 
stakeholder groups concerned with herring management.
    ``(b) Report.--The Secretary shall present the final results of 
this study to Congress within 3 months following the completion of the 
study, and an interim report at the end of fiscal year 2008.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 
to conduct this study.''.

SEC. 206. 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. 320. 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 are authorized to be 
appropriated $500,000 for fiscal year 2007 to conduct this study.''.

SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

    Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855 
note) is amended--
        (1) by striking ``and the Secretary of the Interior are'' in 
    paragraph (1) and inserting ``is'';
        (2) by striking ``not less than three and not more than five'' 
    in paragraph (1); and
        (3) by striking paragraph (6) and inserting the following:
        ``(6) In this subsection the term `Western Pacific community' 
    means a community eligible to participate under section 
    305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery 
    Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i) through 
    (iv)).''.

SEC. 208. 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;
        (6) improving data collection under the Marine Recreational 
    Fishery Statistics Survey in accordance with section 401(g)(3) of 
    the Magnuson-Stevens Fishery Conservation and Management Act (16 
    U.S.C. 1881(g)(3)); and
        (7) 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 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 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 
requirements of this Act or the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) other than those uses 
identified in this section.

SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE PURPOSES.

    Section 53706(a)(7) of title 46, United States Code, is amended to 
read as follows:
        ``(7) Financing or refinancing--
            ``(A) the purchase of individual fishing quotas in 
        accordance with section 303(d)(4) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (including the 
        reimbursement of obligors for expenditures previously made for 
        such a purchase);
            ``(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, to improve selectivity or reduce adverse impacts of 
        fishing gear, or to improve safety.''.

SEC. 210. 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 Magnuson-Stevens Fishery Conservation and Management 
    Reauthorization Act of 2006, 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) 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. 211. 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, subject to the 
availability of appropriations, 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 
Reauthorization 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, monitor, and protect deep sea 
coral areas, including summaries of the results of mapping, research, 
and data collection performed under the program.''.

SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

    (a) In General.--The Undersecretary 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 Undersecretary 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. 213. HURRICANE EFFECTS ON COMMERCIAL AND RECREATION FISHERY 
              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;
        (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.

SEC. 214. NORTH PACIFIC FISHERIES CONVENTION.

    Section 313 (16 U.S.C. 1862) is amended--
        (1) by striking ``all fisheries under the Council's 
    jurisdiction except salmon fisheries'' in subsection (a) and 
    inserting ``any fishery under the Council's jurisdiction except a 
    salmon fishery'';
        (2) by striking subsection (a)(2) and inserting the following:
        ``(2) establishes a system, or system, of fees, which may vary 
    by fishery, management area, or observer coverage level, to pay for 
    the cost of implementing the plan.'';
        (3) by striking ``observers'' in subsection (b)(2)(A) and 
    inserting ``observers, or electronic monitoring systems,'';
        (4) by inserting ``a fixed amount reflecting actual observer 
    costs as described in subparagraph (A) or'' in subsection (b)(2)(E) 
    after ``expressed as'';
        (5) by inserting ``some or'' in subsection (b)(2)(F) after 
    ``against'';
        (6) by inserting ``or an electronic monitoring system'' after 
    ``observer'' in subsection (b)(2)(F);
        (7) by striking ``and'' after the semicolon in subsection 
    (b)(2)(H); and
        (8) by redesignating subparagraph (I) of subsection (b)(2) as 
    subparagraph (J) and inserting after subparagraph (H) the 
    following:
        ``(I) provide that fees collected will be credited against any 
    fee for stationing observers or electronic monitoring systems on 
    board 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) of this Act; 
    and''.

SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.

    (a) Review.--The Secretary of Commerce shall conduct a unique, 
thorough examination of the potential impact on all affected and 
interested parties of Framework 42 to the Northeast Multispecies 
Fishery Management Plan.
    (b) Report.--The Secretary shall report the Secretary's findings 
under subsection (a) within 30 days after the date of enactment of this 
Act. The Secretary shall include in the report a detailed discussion of 
each of the following:
        (1) The economic and social implications for affected parties 
    within the fishery, including potential losses to infrastructure, 
    expected from the imposition of Framework 42.
        (2) The estimated average annual income generated by fishermen 
    in New England, separated by State and vessel size, and the 
    estimated annual income expected after the imposition of Framework 
    42.
        (3) Whether the differential days-at-sea counting imposed by 
    Framework 42 would result in a reduction in the number of small 
    vessels actively participating in the New England Fishery.
        (4) The percentage and approximate number of vessels in the New 
    England fishery, separated by State and vessel type, that are 
    incapable of fishing outside the areas designated in Framework 42 
    for differential days-at-sea counting.
        (5) The percentage of the annual groundfish catch in the New 
    England fishery that is harvested by small vessels.
        (6) The current monetary value of groundfish permits in the New 
    England fishery and the actual impact that the potential imposition 
    of Framework 42 is having on such value.
        (7) Whether permitting days-at-sea to be leased is altering the 
    market value for groundfish permits or days-at-sea in New England.
        (8) Whether there is a substantially high probability that the 
    biomass targets used as a basis for Amendment 13 remain achievable.
        (9) An identification of the year in which the biomass targets 
    used as a basis for Amendment 13 were last evident or achieved, and 
    the evidence used to determine such date.
        (10) Any separate or non-fishing factors, including 
    environmental factors, that may be leading to a slower rebuilding 
    of groundfish than previously anticipated.
        (11) The potential harm to the non-fishing environment and 
    ecosystem from the reduction in fishing resulting from Framework 42 
    and the potential redevelopment of the coastal land for other 
    purposes, including potential for increases in non-point source of 
    pollution and other impacts.

SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.

    The Mid-Atlantic Fishery Council, in consultation with the New 
England Fishery Council, shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation within 9 months after the date 
of enactment of this Act--
        (1) describing the role of council liaisons between the Mid-
    Atlantic and New England Councils, including an explanation of 
    council policies regarding the liaison's role in Council decision-
    making since 1996;
        (2) describing how management actions are taken regarding the 
    operational aspects of current joint fishery management plans, and 
    how such joint plans may undergo changes through amendment or 
    framework processes;
        (3) evaluating the role of the New England Fishery Council and 
    the Mid-Atlantic Fishery Council liaisons in the development and 
    approval of management plans for fisheries in which the liaisons or 
    members of the non-controlling Council have a demonstrated interest 
    and significant current and historical landings of species managed 
    by either Council;
        (4) evaluating the effectiveness of the various approaches 
    developed by the Councils to improve representation for affected 
    members of the non-controlling Council in Council decision-making, 
    such as use of liaisons, joint management plans, and other 
    policies, taking into account both the procedural and conservation 
    requirements of the Magnuson-Stevens Fishery Conservation and 
    Management Act; and
        (5) analyzing characteristics of North Carolina and Florida 
    that supported their inclusion as voting members of more than one 
    Council and the extent to which those characteristics support Rhode 
    Island's inclusion on a second Council (the Mid-Atlantic Council).

SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS WITH POST- 
              BACCALAUREATE DEGREES IN SUBJECTS RELATED TO FISHERY 
              SCIENCE.

    (a) In General.--The Secretary of Commerce and the Secretary of 
Education shall collaborate to conduct a study of--
        (1) whether there is a shortage in the number of individuals 
    with post-baccalaureate degrees in subjects related to fishery 
    science, including fishery oceanography, fishery ecology, and 
    fishery anthropology, who have the ability to conduct high quality 
    scientific research in fishery stock assessment, fishery population 
    dynamics, and related fields, for government, non-profit, and 
    private sector entities;
        (2) what Federal programs are available to help facilitate the 
    education of students hoping to pursue these degrees; and
        (3) what institutions of higher education, the private sector, 
    and the Congress could do to try to increase the number of 
    individuals with such post-baccalaureate degrees.
    (b) Report.--Not later than 8 months after the date of enactment of 
this Act, the Secretaries of Commerce and Education shall transmit a 
report to each committee of Congress with jurisdiction over the 
programs referred to in subsection (a), detailing the findings and 
recommendations of the study under this section.

SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM.

    Section 802 of Public Law 108-199 (118 Stat. 110) is amended by 
striking ``2 years'' and inserting ``5 years''.

                  TITLE III--OTHER FISHERIES STATUTES

SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

    (a) Civil Penalties.--Section 8(a) of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f(a)) is amended--
        (1) by striking ``$25,000'' and inserting ``$200,000'';
        (2) by striking ``violation, the degree of culpability, and 
    history of prior offenses, ability to pay,'' in the fifth sentence 
    and inserting ``violator, the degree of culpability, any history of 
    prior offenses,''; and
        (3) by adding at the end the following: ``In assessing such 
    penalty, the Secretary may also consider any information provided 
    by the violator relating to the ability of the violator to pay if 
    the information is provided to the Secretary at least 30 days prior 
    to an administrative hearing.''.
    (b) Permit Sanctions.--Section 8 of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f) is amended by adding at the end the 
following:
    ``(e) Revocation or Suspension of Permit.--
        ``(1) In general.--The Secretary may take any action described 
    in paragraph (2) in any case in which--
            ``(A) a vessel has been used in the commission of any act 
        prohibited under section 7;
            ``(B) the owner or operator of a vessel or any other person 
        who has been issued or has applied for a permit under this Act 
        has acted in violation of section 7; or
            ``(C) any amount in settlement of a civil forfeiture 
        imposed on a vessel or other property, or any civil penalty or 
        criminal fine imposed on a vessel or owner or operator of a 
        vessel or any other person who has been issued or has applied 
        for a permit under any marine resource law enforced by the 
        Secretary has not been paid and is overdue.
        ``(2) Permit-related actions.--Under the circumstances 
    described in paragraph (1) the Secretary may--
            ``(A) revoke any permit issued with respect to such vessel 
        or person, with or without prejudice to the issuance of 
        subsequent permits;
            ``(B) suspend such permit for a period of time considered 
        by the Secretary to be appropriate;
            ``(C) deny such permit; or
            ``(D) impose additional conditions and restrictions on any 
        permit issued to or applied for by such vessel or person under 
        this Act and, with respect to any foreign fishing vessel, on 
        the approved application of the foreign nation involved and on 
        any permit issued under that application.
        ``(3) Factors to be considered.--In imposing a sanction under 
    this subsection, the Secretary shall take into account--
            ``(A) the nature, circumstances, extent, and gravity of the 
        prohibited acts for which the sanction is imposed; and
            ``(B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and such other 
        matters as justice may require.
        ``(4) Transfers of ownership.--Transfer of ownership of a 
    vessel, a permit, or any interest in a permit, by sale or 
    otherwise, shall not extinguish any permit sanction that is in 
    effect or is pending at the time of transfer of ownership. Before 
    executing the transfer of ownership of a vessel, permit, or 
    interest in a permit, by sale or otherwise, the owner shall 
    disclose in writing to the prospective transferee the existence of 
    any permit sanction that will be in effect or pending with respect 
    to the vessel, permit, or interest at the time of the transfer.
        ``(5) Reinstatement.--In the case of any permit that is 
    suspended under this subsection for nonpayment of a civil penalty, 
    criminal fine, or any amount in settlement of a civil forfeiture, 
    the Secretary shall reinstate the permit upon payment of the 
    penalty, fine, or settlement amount and interest thereon at the 
    prevailing rate.
        ``(6) Hearing.--No sanction shall be imposed under this 
    subsection unless there has been prior opportunity for a hearing on 
    the facts underlying the violation for which the sanction is 
    imposed either in conjunction with a civil penalty proceeding under 
    this section or otherwise.
        ``(7) Permit defined.--In this subsection, the term `permit' 
    means any license, certificate, approval, registration, charter, 
    membership, exemption, or other form of permission issued by the 
    Commission or the Secretary, and includes any quota share or other 
    transferable quota issued by the Secretary.''.
    (c) Criminal Penalties.--Section 9(b) of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
        (1) by striking ``$50,000'' and inserting ``$200,000''; and
        (2) by striking ``$100,000,'' and inserting ``$400,000,''.

SEC. 302. 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, 
2010, 2011, 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 2011''.
    (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 
2011''.
    (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, enacted into law by section 1000(a)(1) of the 
    Act of November 29, 1999 (Public Law 106-113), and amended by 
    Public Law 106-533 (114 Stat. 2762A-108)--
            (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) Reauthorization.--Section 16(d)(2)(A) of the Pacific Salmon 
    Treaty Act, as transferred by paragraph (1), is amended--
        (1) by inserting ``sustainable salmon fisheries,'' after 
    ``enhancement,'';
        (2) by inserting ``2005, 2006, 2007, 2008, and 2009,'' after 
    ``2003,''; and
        (3) by inserting ``Idaho,'' after ``Oregon,''.
    (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.''.
    (f) Pacific Fishery Management Council.--
        (1) In General.--The Pacific Fishery Management Council shall 
    develop a proposal for the appropriate rationalization program for 
    the Pacific trawl groundfish and whiting fisheries, including the 
    shore-based sector of the Pacific whiting fishery under its 
    jurisdiction. The proposal may include only the Pacific whiting 
    fishery, including the shore-based sector, if the Pacific Council 
    determines that a rationalization plan for the fishery as a whole 
    cannot be achieved before the report is required to be submitted 
    under paragraph (3).
        (2) Required analysis.--In developing the proposal to 
    rationalize the fishery, the Pacific Council shall fully analyze 
    alternative program designs, including the allocation of limited 
    access privileges to harvest fish to fishermen and processors 
    working together in regional fishery associations or some other 
    cooperative manner to harvest and process the fish, as well as the 
    effects of these program designs and allocations on competition and 
    conservation. The analysis shall include an assessment of the 
    impact of the proposal on conservation and the economics of 
    communities, fishermen, and processors participating in the trawl 
    groundfish fisheries, including the shore-based sector of the 
    Pacific whiting fishery.
        (3) Report.--The Pacific Council shall submit the proposal and 
    related analysis to the Senate Committee on Commerce, Science, and 
    Transportation and the House of Representatives Committee on 
    Resources no later than 24 months after the date of enactment of 
    this Act.
    (g) Reauthorization of the Interjurisdictional Fisheries Act of 
1986.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) General Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for apportionment to carry 
out the purposes of this title $5,000,000 for each of fiscal years 2007 
through 2012.''; and
        (2) by striking ``$850,000 for each of fiscal years 2003 and 
    2004, and $900,000 for each of fiscal years 2005 and 2006'' in 
    subsection (c) and inserting ``$900,000 for each of fiscal years 
    2007 through 2012''.
    (h) Reauthorization and amendment of the Anadromous Fish 
Conservation Act.--Section 4 of the Anadromous Fish Conservation Act 
(16 U.S.C. 757d) is amended to read as follows:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out the purposes 
of this Act not to exceed $4,500,000 for each of fiscal years 2007 
through 2012.''.
    (i) Reauthorization of the Northwest Atlantic Fisheries Convention 
Act OF 1995.--Section 211 of the Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 5610) is amended by striking ``2006'' 
and inserting ``2012''.

                        TITLE IV--INTERNATIONAL

SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

    Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end 
the following:

``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

    ``(a) In General.--The Secretary may undertake activities to 
promote improved monitoring and compliance for high seas fisheries, or 
fisheries governed by international fishery management agreements, and 
to implement the requirements of this title.
    ``(b) Specific Authorities.--In carrying out subsection (a), the 
Secretary may--
        ``(1) share information on harvesting and processing capacity 
    and illegal, unreported and unregulated fishing on the high seas, 
    in areas covered by international fishery management agreements, 
    and by vessels of other nations within the United States exclusive 
    economic zone, with relevant law enforcement organizations of 
    foreign nations and relevant international organizations;
        ``(2) further develop real time information sharing 
    capabilities, particularly on harvesting and processing capacity 
    and illegal, unreported and unregulated fishing;
        ``(3) participate in global and regional efforts to build an 
    international network for monitoring, control, and surveillance of 
    high seas fishing and fishing under regional or global agreements;
        ``(4) support efforts to create an international registry or 
    database of fishing vessels, including by building on or enhancing 
    registries developed by international fishery management 
    organizations;
        ``(5) enhance enforcement capabilities through the application 
    of commercial or governmental remote sensing technology to locate 
    or identify vessels engaged in illegal, unreported, or unregulated 
    fishing on the high seas, including encroachments into the 
    exclusive economic zone by fishing vessels of other nations;
        ``(6) provide technical or other assistance to developing 
    countries to improve their monitoring, control, and surveillance 
    capabilities; and
        ``(7) support coordinated international efforts to ensure that 
    all large-scale fishing vessels operating on the high seas are 
    required by their flag State to be fitted with vessel monitoring 
    systems no later than December 31, 2008, or earlier if so decided 
    by the relevant flag State or any relevant international fishery 
    management organization.''.

SEC. 402. 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. 403. 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 
Reauthorization 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 shared by the United States or subject to 
    treaties or agreements to which the United States is a party, 
    including a list of all such fish stocks classified as overfished, 
    overexploited, 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 section 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 take appropriate corrective action consistent with 
    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, consistent with 
    section 608, to strengthen the efforts of international fishery 
    management organizations to end illegal, unreported, or unregulated 
    fishing; and
        ``(5) steps taken by the Secretary at the international level 
    to adopt 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 and any 
relevant advisory committees, 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 market-related measures 
        against member or nonmember governments whose vessels engage in 
        illegal, unreported, or unregulated fishing;
            ``(B) to seek adoption of lists that identify fishing 
        vessels and vessel owners engaged in illegal, unreported, or 
        unregulated fishing that can be shared among all members and 
        other international fishery management organizations;
            ``(C) to seek international adoption of a centralized 
        vessel monitoring system in order to monitor and document 
        capacity in fleets of all nations involved in fishing in areas 
        under 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 stronger port state controls in 
        all nations, particularly those nations in whose ports vessels 
        engaged in illegal, unreported, or unregulated fishing land or 
        transship fish;
        ``(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 fishing vessels of that 
nation are engaged, or have been engaged at any point during the 
preceding 2 years, in illegal, unreported, or unregulated fishing--
        ``(1) 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
        ``(2) where no international fishery management organization 
    exists with a mandate to regulate the fishing activity in question.
    ``(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, acting through 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, for determining if a 
    nation identified under subsection (a) and listed in the report 
    under section 607 has taken appropriate corrective action with 
    respect to the offending activities of its fishing vessels 
    identified in the report under section 607. The certification 
    procedure shall provide for notice and an opportunity for comment 
    by any such nation. 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 (a) 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.--
            ``(A) In general.--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))--
                ``(i) 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
                ``(ii) shall not apply to any nation identified under 
            subsection (a) for which the Secretary has issued a 
            positive certification under this subsection.
            ``(B) Exceptions.--Subparagraph (A)(i) does not apply--
                ``(i) to the extent that such provisions would apply to 
            sport fishing equipment or to fish or fish products not 
            managed under the applicable international fishery 
            agreement; or
                ``(ii) if there is no applicable international fishery 
            agreement, to the extent that such provisions would apply 
            to fish or fish products caught by vessels not engaged in 
            illegal, unreported, or unregulated fishing.
    ``(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 Reauthorization 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 that has an adverse impact 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 2013 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;
            ``(A) in waters beyond any national jurisdiction that 
        result in bycatch of a protected living marine resource; or
            ``(B) beyond the exclusive economic zone of the United 
        States that result in bycatch of a protected living marine 
        resource shared by the United States;
        ``(2) the relevant international organization for the 
    conservation and protection of such resources or the relevant 
    international or regional fishery organization has failed to 
    implement effective measures to end or reduce such bycatch, 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 designed to end or reduce such bycatch that 
    is comparable to that 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 provisions 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) Determination.--The Secretary shall establish a procedure 
    consistent with the provisions of subchapter II of chapter 5 of 
    title 5, United States Code, for determining whether the government 
    of a harvesting nation identified under subsection (a) and listed 
    in the report under section 607--
            ``(A) has provided documentary evidence of the adoption of 
        a regulatory program governing the conservation of the 
        protected living marine resource 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) Procedural requirement.--The procedure established by the 
    Secretary under paragraph (1) shall include notice and opportunity 
    for comment by any such nation.
        ``(3) Certification.--The Secretary shall certify to the 
    Congress by January 31, 2007, and biennially thereafter whether 
    each such nation has provided the documentary evidence described in 
    paragraph (1)(A) and established a management plan described in 
    paragraph (1)(B).
        ``(4) 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 (3) 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.
        ``(5) 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)) (except to the extent that such 
    provisions apply to sport fishing equipment or fish or fish 
    products not caught by the vessels engaged in illegal, unreported, 
    or unregulated fishing) 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 
    that are protected under United States law or international 
    agreement, including the Marine Mammal Protection Act, the 
    Endangered Species Act, 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, or any international fishery 
    management agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2007 through 2013 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. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

    (a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C. 
1821(h)(2)(B)) is amended by striking ``that is at least equal in 
effectiveness to the program established by the Secretary;'' and 
inserting ``or other monitoring program that the Secretary, in 
consultation with the Western Pacific Management Council, determines is 
adequate to monitor harvest, bycatch, and compliance with the laws of 
the United States by vessels fishing under the agreement;''.
    (b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C. 
1824(e)(4)(A)(i)) is amended to read as follows:
        ``(i) Pacific Insular Area observer programs, or other 
    monitoring programs, that the Secretary determines are adequate to 
    monitor the harvest, bycatch, and compliance with the laws of the 
    United States by foreign fishing vessels that fish under Pacific 
    Insular Area fishing agreements;''.

SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

    (a) In General.--Section 10 of the Atlantic Tunas Convention Act of 
1975 (16 U.S.C. 971h) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including use for payment of the 
United States share of the joint expenses of the Commission as provided 
in Article X of the Convention--
        ``(1) $5,770,000 for each of fiscal years 2007 and 2008;
        ``(2) $6,058,000 for each of fiscal years 2009 and 2010; and
        ``(3) $6,361,000 for each of fiscal years 2011 and 2013.
    ``(b) Allocation.--Of the amounts made available under subsection 
(a) for each fiscal year--
        ``(1) $160,000 are authorized for the advisory committee 
    established under section 4 of this Act and the species working 
    groups established under section 4A of this Act; and
        ``(2) $7,500,000 are authorized for research activities under 
    this Act and section 3 of Public Law 96-339 (16 U.S.C. 971i), of 
    which $3,000,000 shall be for the cooperative research program 
    under section 3(b)(2)(H) of that section (16 U.S.C. 
    971i(b)(2)(H).''.
    (b) Atlantic Billfish Cooperative Research Program.--Section 
3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) is amended--
        (1) by striking ``and'' after the semicolon in subparagraph 
    (G);
        (2) by redesignating subparagraph (H) as subparagraph (I); and
        (3) by inserting after subparagraph (G) the following:
            ``(H) include a cooperative research program on Atlantic 
        billfish based on the Southeast Fisheries Science Center 
        Atlantic Billfish Research Plan of 2002; and''.
    (c) Sense of Congress Regarding Fish Habitat.--Section 3 of the 
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a) is amended by 
adding at the end the following:
    ``(e) Sense of Congress Regarding Fish Habitat.--It is the sense of 
the Congress that the United States Commissioners should seek to 
include ecosystem considerations in fisheries management, including the 
conservation of fish habitat.''.

SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

    (a) International Overfishing.--Section 304 (16 U.S.C. 1854) is 
amended by adding at the end thereof the following:
    ``(i) International Overfishing.--The provisions of this subsection 
shall apply in lieu of subsection (e) to a fishery that the Secretary 
determines is overfished or approaching a condition of being overfished 
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--
        ``(1) the Secretary, in cooperation with the Secretary of 
    State, immediately take appropriate action at the international 
    level to end the overfishing; and
        ``(2) within 1 year after the Secretary's determination, the 
    appropriate Council, or Secretary, for fisheries under section 
    302(a)(3) shall--
            ``(A) 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
            ``(B) 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,''.

SEC. 407. UNITED STATES CATCH HISTORY.

    In establishing catch allocations under international fisheries 
agreements, the Secretary, in consultation with the Secretary of the 
Department in which the Coast Guard is operating, and the Secretary of 
State, shall ensure that all catch history associated with a vessel of 
the United States remains with the United States and is not transferred 
or credited to any other nation or vessel of such nation, including 
when a vessel of the United States is sold or transferred to a citizen 
of another nation or to an entity controlled by citizens of another 
nation.

SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISHERIES.

    (a) In General.--The Secretary, in consultation with the Under 
Secretary of Commerce for Oceans and Atmosphere, shall designate a 
Senate-confirmed, senior official within the National Oceanic and 
Atmospheric Administration to perform the duties of the Secretary with 
respect to international agreements involving fisheries and other 
living marine resources, including policy development and 
representation as a U.S. Commissioner, under any such international 
agreements.
    (b) Advice.--The designated official shall, in consultation with 
the Deputy Assistant Secretary for International Affairs and the 
Administrator of the National Marine Fisheries Service, advise the 
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and 
other senior officials of the Department of Commerce and the National 
Oceanic and Atmospheric Administration on development of policy on 
international fisheries conservation and management matters.
    (c) Consultation.--The designated official shall consult with the 
Senate Committee on Commerce, Science, and Transportation and the House 
Committee on Resources on matters pertaining to any regional or 
international negotiation concerning living marine resources, including 
shellfish.
    (d) Delegation.--The designated official may delegate and authorize 
successive re-delegation of such functions, powers, and duties to such 
officers and employees of the National Oceanic and Atmospheric 
Administration as deemed necessary to discharge the responsibility of 
the Office.
    (e) Effective Date.--This section shall take effect on January 1, 
2009.

   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Western and Central Pacific 
Fisheries Convention Implementation Act''.

SEC. 502. DEFINITIONS.

    In this title:
        (1) 1982 Convention.--The term ``1982 Convention'' means the 
    United Nations Convention on the Law of the Sea of 10 December 
    1982.
        (2) Agreement.--The term ``Agreement'' means the Agreement for 
    the Implementation of the Provisions of the United Nations 
    Convention on the Law of the Sea of 10 December 1982 relating to 
    the Conservation and Management of Straddling Fish Stocks and 
    Highly Migratory Fish Stocks.
        (3) Commission.--The term ``Commission'' means the Commission 
    for the Conservation and Management of Highly Migratory Fish Stocks 
    in the Western and Central Pacific Ocean established in accordance 
    with this Convention.
        (4) Convention area.--The term ``convention area'' means all 
    waters of the Pacific Ocean bounded to the south and to the east by 
    the following line:
    From the south coast of Australia due south along the 141th 
    meridian of east longitude to its intersection with the 55th 
    parallel of south latitude; thence due east along the 55th parallel 
    of south latitude to its intersection with the 150th meridian of 
    east longitude; thence due south along the 150th meridian of east 
    longitude to its intersection with the 60th parallel of south 
    latitude; thence due east along the 60th parallel of south latitude 
    to its intersection with the 130th meridian of west longitude; 
    thence due north along the 130th meridian of west longitude to its 
    intersection with the 4th parallel of south latitude; thence due 
    west along the 4th parallel of south latitude to its intersection 
    with the 150th meridian of west longitude; thence due north along 
    the 150th meridian of west longitude.
        (5) Exclusive economic zone.--The term ``exclusive economic 
    zone'' means the zone established by Presidential Proclamation 
    Numbered 5030 of March 10, 1983.
        (6) Fishing.--The term ``fishing'' means--
            (A) searching for, catching, taking, or harvesting fish;
            (B) attempting to search for, catch, take, or harvest fish;
            (C) engaging in any other activity which can reasonably be 
        expected to result in the locating, catching, taking, or 
        harvesting of fish for any purpose;
            (D) placing, searching for, or recovering fish aggregating 
        devices or associated electronic equipment such as radio 
        beacons;
            (E) any operations at sea directly in support of, or in 
        preparation for, any activity described in subparagraphs (A) 
        through (D), including transshipment; and
            (F) use of any other vessel, vehicle, aircraft, or 
        hovercraft, for any activity described in subparagraphs (A) 
        through (E) except for emergencies involving the health and 
        safety of the crew or the safety of a vessel.
        (7) Fishing vessel.--The term ``fishing vessel'' means any 
    vessel used or intended for use for the purpose of fishing, 
    including support ships, carrier vessels, and any other vessel 
    directly involved in such fishing operations.
        (8) Highly migratory fish stocks.--The term ``highly migratory 
    fish stocks'' means all fish stocks of the species listed in Annex 
    1 of the 1982 Convention, except sauries, occurring in the 
    Convention Area, and such other species of fish as the Commission 
    may determine.
        (9) Secretary.--The term ``Secretary'' means the Secretary of 
    Commerce.
        (10) State.--The term ``State'' means each of the several 
    States of the United States, the District of Columbia, the 
    Commonwealth of the Northern Mariana Islands, American Samoa, Guam, 
    and any other commonwealth, territory, or possession of the United 
    States.
        (11) Transhipment.--The term ``transshipment'' means the 
    unloading of all or any of the fish on board a fishing vessel to 
    another fishing vessel either at sea or in port.
        (12) WCPFC convention; western and central pacific 
    convention.--The terms ``WCPFC Convention'' and ``Western and 
    Central Pacific Convention'' means the Convention on the 
    Conservation and Management of the Highly Migratory Fish Stocks in 
    the Western and Central Pacific Ocean, (including any annexes, 
    amendments, or protocols which are in force, or have come into 
    force, for the United States) which was adopted at Honolulu, 
    Hawaii, on September 5, 2000, by the Multilateral High Level 
    Conference on the Highly Migratory Fish Stocks in the Western and 
    Central Pacific Ocean.

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

    (a) In General.--The United States shall be represented on the 
Commission by 5 United States Commissioners. The President shall 
appoint individuals to serve on the Commission at the pleasure of the 
President. In making the appointments, the President shall select 
Commissioners from among individuals who are knowledgeable or 
experienced concerning highly migratory fish stocks in the Western and 
Central Pacific Ocean, one of whom shall be an officer or employee of 
the Department of Commerce, and one of whom shall be the chairman or a 
member of the Western Pacific Fishery Management Council and the 
Pacific Fishery Management Council. The Commissioners shall be entitled 
to adopt such rules of procedures as they find necessary and to select 
a chairman from among members who are officers or employees of the 
United States Government.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise at any meeting of the Commission, Council, 
any Panel, or the advisory committee established pursuant to subsection 
(d), all powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection (a) of 
this section for whatever reason. The number of such Alternate United 
States Commissioners that may be designated for any such meeting shall 
be limited to the number of United States Commissioners appointed 
pursuant to subsection (a) of this section who will not be present at 
such meeting.
    (c) Administrative Matters.--
        (1) Employment status.--Individuals serving as such 
    Commissioners, other than officers or employees of the United 
    States Government, shall be considered to be Federal employees 
    while performing such service, only for purposes of--
            (A) injury compensation under chapter 81 of title 5, United 
        States Code;
            (B) requirements concerning ethics, conflicts of interest, 
        and corruption as provided under title 18, United States Code; 
        and
            (C) any other criminal or civil statute or regulation 
        governing the conduct of Federal employees.
        (2) Compensation.--The United States Commissioners or Alternate 
    Commissioners, although officers of the United States while so 
    serving, shall receive no compensation for their services as such 
    Commissioners or Alternate Commissioners.
        (3) Travel expenses.--
            (A) The Secretary of State shall pay the necessary travel 
        expenses of United States Commissioners and Alternate United 
        States Commissioners in accordance with the Federal Travel 
        Regulations and sections 5701, 5702, 5704 through 5708, and 
        5731 of title 5, United States Code.
            (B) The Secretary may reimburse the Secretary of State for 
        amounts expended by the Secretary of State under this 
        subsection.
    (d) Advisory Committees.--
        (1) Establishment of permanent advisory committee.--
            (A) Membership.--There is established an advisory committee 
        which shall be composed of--
                (i) not less than 15 nor more than 20 individuals 
            appointed by the Secretary of Commerce in consultation with 
            the United States Commissioners, who shall select such 
            individuals from the various groups concerned with the 
            fisheries covered by the WCPFC Convention, providing, to 
            the maximum extent practicable, an equitable balance among 
            such groups;
                (ii) the chair of the Western Pacific Fishery 
            Management Council's Advisory Committee or the chair's 
            designee; and
                (iii) officials of the fisheries management authorities 
            of American Samoa, Guam, and the Northern Mariana Islands 
            (or their designees).
            (B) Terms and privileges.--Each member of the advisory 
        committee appointed under subparagraph (A) shall serve for a 
        term of 2 years and shall be eligible for reappointment. The 
        advisory committee shall be invited to attend all non-executive 
        meetings of the United States Commissioners and at such 
        meetings shall be given opportunity to examine and to be heard 
        on all proposed programs of investigation, reports, 
        recommendations, and regulations of the Commission.
            (C) Procedures.--The advisory committee established by 
        subparagraph (A) shall determine its organization, and 
        prescribe its practices and procedures for carrying out its 
        functions under this chapter, the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
        the WCPFC Convention. The advisory committee shall publish and 
        make available to the public a statement of its organization, 
        practices, and procedures. A majority of the members of the 
        advisory committee shall constitute a quorum. Meetings of the 
        advisory committee, except when in executive session, shall be 
        open to the public, and prior notice of meetings shall be made 
        public in a timely fashion. and the advisory committee shall 
        not be subject to the Federal Advisory Committee Act (5 U.S.C. 
        App.).
            (D) Provision of information.--The Secretary and the 
        Secretary of State shall furnish the advisory committee with 
        relevant information concerning fisheries and international 
        fishery agreements.
        (2) Administrative matters.--
            (A) Support services.--The Secretary shall provide to 
        advisory committees in a timely manner such administrative and 
        technical support services as are necessary for their effective 
        functioning.
            (B) Compensation; status; expenses.--Individuals appointed 
        to serve as a member of an advisory committee--
                (i) shall serve without pay, but while away from their 
            homes or regular places of business in the performance of 
            services for the advisory committee shall be allowed travel 
            expenses, including per diem in lieu of subsistence, in the 
            same manner as persons employed intermittently in the 
            Government service are allowed expenses under section 5703 
            of title 5, United States Code; and
                (ii) shall be considered Federal employees while 
            performing service as members of an advisory committee only 
            for purposes of--

                    (I) injury compensation under chapter 81 of title 
                5, United States Code;
                    (II) requirements concerning ethics, conflicts-of-
                interest, and corruption, as provided by title 18, 
                United States Code; and
                    (III) any other criminal or civil statute or 
                regulation governing the conduct of Federal employees 
                in their capacity as Federal employees.

    (f) Memorandum of Understanding.--For highly migratory species in 
the Pacific, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Western 
Pacific, Pacific, and North Pacific Fishery Management Councils, that 
clarifies the role of the relevant Council or Councils with respect 
to--
        (1) participation in United States delegations to international 
    fishery organizations in the Pacific Ocean, including government-
    to-government consultations;
        (2) providing formal recommendations to the Secretary and the 
    Secretary of State regarding necessary measures for both domestic 
    and foreign vessels fishing for these species;
        (3) coordinating positions with the United States delegation 
    for presentation to the appropriate international fishery 
    organization; and
        (4) recommending those domestic fishing regulations that are 
    consistent with the actions of the international fishery 
    organization, for approval and implementation under the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
    seq.)

SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
        (1) receive and transmit, on behalf of the United States, 
    reports, requests, recommendations, proposals, decisions, and other 
    communications of and to the Commission;
        (2) in consultation with the Secretary approve, disapprove, 
    object to, or withdraw objections to bylaws and rules, or 
    amendments thereof, adopted by the WCPFC Commission, and, with the 
    concurrence of the Secretary to approve or disapprove the general 
    annual program of the WCPFC Commission with respect to conservation 
    and management measures and other measures proposed or adopted in 
    accordance with the WCPFC Convention; and
        (3) act upon, or refer to other appropriate authority, any 
    communication referred to in paragraph (1).

SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--The Secretary, in consultation 
with the Secretary of State and, with respect to enforcement measures, 
the Secretary of the Department in which the Coast Guard is operating, 
is authorized to promulgate such regulations as may be necessary to 
carry out the United States international obligations under the WCPFC 
Convention and this title, including recommendations and decisions 
adopted by the Commission. In cases where the Secretary has discretion 
in the implementation of one or more measures adopted by the Commission 
that would govern fisheries under the authority of a Regional Fishery 
Management Council, the Secretary may, to the extent practicable within 
the implementation schedule of the WCPFC Convention and any 
recommendations and decisions adopted by the Commission, promulgate 
such regulations in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (b) Additions to Fishery Regimes and Regulations.--The Secretary 
may promulgate regulations applicable to all vessels and persons 
subject to the jurisdiction of the United States, including United 
States flag vessels wherever they may be operating, on such date as the 
Secretary shall prescribe.

SEC. 506. ENFORCEMENT.

    (a) In General.--The Secretary may--
        (1) administer and enforce this title and any regulations 
    issued under this title, except to the extent otherwise provided 
    for in this Act;
        (2) request and utilize on a reimbursed or non-reimbursed basis 
    the assistance, services, personnel, equipment, and facilities of 
    other Federal departments and agencies in--
            (A) the administration and enforcement of this title; and
            (B) the conduct of scientific, research, and other programs 
        under this title;
        (3) conduct fishing operations and biological experiments for 
    purposes of scientific investigation or other purposes necessary to 
    implement the WCPFC Convention;
        (4) collect, utilize, and disclose such information as may be 
    necessary to implement the WCPFC Convention, subject to sections 
    552 and 552a of title 5, United States Code, and section 402(b) of 
    the Magnuson-Stevens Fishery Conservation and Management Act (16 
    U.S.C. 1881a(b));
        (5) if recommended by the United States Commissioners or 
    proposed by a Council with authority over the relevant fishery, 
    assess and collect fees, not to exceed three percent of the ex-
    vessel value of fish harvested by vessels of the United States in 
    fisheries managed pursuant to this title, to recover the actual 
    costs to the United States of management and enforcement under this 
    title, which shall be deposited as an offsetting collection in, and 
    credited to, the account providing appropriations to carry out the 
    functions of the Secretary under this title; and
        (6) issue permits to owners and operators of United States 
    vessels to fish in the convention area seaward of the United States 
    Exclusive Economic Zone, under such terms and conditions as the 
    Secretary may prescribe, and shall remain valid for a period to be 
    determined by the Secretary.
    (b) Consistency With Other Laws.--The Secretary shall ensure the 
consistency, to the extent practicable, of fishery management programs 
administered under this Act, the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act 
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et 
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note) 
(relating to Pacific albacore tuna), and the Atlantic Tunas Convention 
Act (16 U.S.C. 971).
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated into and 
made a part of this title.
    (d) Confidentiality.--
        (1) In general.--Any information submitted to the Secretary in 
    compliance with any requirement under this Act shall be 
    confidential and shall not be disclosed, except--
            (A) to Federal employees who are responsible for 
        administering, implementing, and enforcing this Act;
            (B) to the Commission, in accordance with requirements in 
        the Convention and decisions of the Commission, and, insofar as 
        possible, in accordance with an agreement with the Commission 
        that prevents public disclosure of the identity or business of 
        any person;
            (C) to State or Marine Fisheries Commission employees 
        pursuant to an agreement with the Secretary that prevents 
        public disclosure of the identity or business or any person;
            (D) when required by court order; or
            (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.
        (2) Use of information.--The Secretary shall, by regulation, 
    prescribe such procedures as may be necessary to preserve the 
    confidentiality of information submitted in compliance with any 
    requirement or regulation under this Act, except that the Secretary 
    may release or make public any such information in any aggregate or 
    summary form that does not directly or indirectly disclose the 
    identity or business of any person. Nothing in this subsection 
    shall be interpreted or construed to prevent the use for 
    conservation and management purposes by the Secretary of any 
    information submitted in compliance with any requirement or 
    regulation under this Act.

SEC. 507. PROHIBITED ACTS.

    (a) In General.--It is unlawful for any person--
        (1) to violate any provision of this title or any regulation or 
    permit issued pursuant to this title;
        (2) to use any fishing vessel to engage in fishing after the 
    revocation, or during the period of suspension, on an applicable 
    permit issued pursuant to this title;
        (3) to refuse to permit any officer authorized to enforce the 
    provisions of this title to board a fishing vessel subject to such 
    person's control for the purposes of conducting any search, 
    investigation, or inspection in connection with the enforcement of 
    this title or any regulation, permit, or the Convention;
        (4) to forcibly assault, resist, oppose, impede, intimidate, or 
    interfere with any such authorized officer in the conduct of any 
    search, investigations, or inspection in connection with the 
    enforcement of this title or any regulation, permit, or the 
    Convention;
        (5) to resist a lawful arrest for any act prohibited by this 
    title;
        (6) to ship, transport, offer for sale, sell, purchase, import, 
    export, or have custody, control, or possession of, any fish taken 
    or retained in violation of this title or any regulation, permit, 
    or agreement referred to in paragraph (1) or (2);
        (7) to interfere with, delay, or prevent, by any means, the 
    apprehension or arrest of another person, knowing that such other 
    person has committed any chapter prohibited by this section;
        (8) to knowingly and willfully submit to the Secretary false 
    information (including false information regarding the capacity and 
    extent to which a United States fish processor, on an annual basis, 
    will process a portion of the optimum yield of a fishery that will 
    be harvested by fishery vessels of the United States), regarding 
    any matter that the Secretary is considering in the course of 
    carrying out this title;
        (9) to forcibly assault, resist, oppose, impede, intimidate, 
    sexually harass, bribe, or interfere with any observer on a vessel 
    under this title, or any data collector employed by the National 
    Marine Fisheries Service or under contract to any person to carry 
    out responsibilities under this title;
        (10) to engage in fishing in violation of any regulation 
    adopted pursuant to section 506(a) of this title;
        (11) to ship, transport, purchase, sell, offer for sale, 
    import, export, or have in custody, possession, or control any fish 
    taken or retained in violation of such regulations;
        (12) to fail to make, keep, or furnish any catch returns, 
    statistical records, or other reports as are required by 
    regulations adopted pursuant to this title to be made, kept, or 
    furnished;
        (13) to fail to stop a vessel upon being hailed and instructed 
    to stop by a duly authorized official of the United States;
        (14) to import, in violation of any regulation adopted pursuant 
    to section 506(a) of this title, any fish in any form of those 
    species subject to regulation pursuant to a recommendation, 
    resolution, or decision of the Commission, or any tuna in any form 
    not under regulation but under investigation by the Commission, 
    during the period such fish have been denied entry in accordance 
    with the provisions of section 506(a) of this title.
    (b) Entry Certification.--In the case of any fish described in 
subsection (a) offered for entry into the United States, the Secretary 
of Commerce shall require proof satisfactory to the Secretary that such 
fish is not ineligible for such entry under the terms of section 506(a) 
of this title.

SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with agencies of the United 
States government, any public or private institutions or organizations 
within the United States or abroad, and, through the Secretary of 
State, the duly authorized officials of the government of any party to 
the WCPFC Convention, in carrying out responsibilities under this 
title.
    (b) Scientific and Other Programs; Facilities and Personnel.--All 
Federal agencies are authorized, upon the request of the Secretary, to 
cooperate in the conduct of scientific and other programs and to 
furnish facilities and personnel for the purpose of assisting the 
Commission in carrying out its duties under the WCPFC Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws or regulations of any State, 
prevents the Secretary or the Commission from--
        (1) conducting or authorizing the conduct of fishing operations 
    and biological experiments at any time for purposes of scientific 
    investigation; or
        (2) discharging any other duties prescribed by the WCPFC 
    Convention.
    (d) State Jurisdiction Not Affected.--Except as provided in 
subsection (e) of this section, nothing in this title shall be 
construed to diminish or to increase the jurisdiction of any State in 
the territorial sea of the United States.
    (e) Application of Regulations--
        (1) In general.--Regulations promulgated under section 506(a) 
    of this title shall apply within the boundaries of any State 
    bordering on the Convention area if the Secretary has provided 
    notice to such State, the State does not request an agency hearing, 
    and the Secretary determines that the State--
            (A) has not, within a reasonable period of time after the 
        promulgation of regulations pursuant to this title, enacted 
        laws or promulgated regulations that implement the 
        recommendations of the Commission within the boundaries of such 
        State; or
            (B) has enacted laws or promulgated regulations that 
        implement the recommendations of the commission within the 
        boundaries of such State that--
                (i) are less restrictive that the regulations 
            promulgated under section 506(a) of this title; or
                (ii) are not effectively enforced.
        (2) Determination by secretary.--The regulations promulgated 
    pursuant to section 506(a) of this title shall apply until the 
    Secretary determines that the State is effectively enforcing within 
    its boundaries measures that are not less restrictive than the 
    regulations promulgated under section 506(a) of this title.
        (3) Hearing.--If a State requests a formal agency hearing, the 
    Secretary shall not apply the regulations promulgated pursuant 
    section 506(a) of this title within that State's boundaries unless 
    the hearing record supports a determination under paragraph (1)(A) 
    or (B).
    (f) Review of State Laws and Regulations.--To ensure that the 
purposes of subsection (e) are carried out, the Secretary shall 
undertake a continuing review of the laws and regulations of all States 
to which subsection (e) applies or may apply and the extent to which 
such laws and regulations are enforced.

SEC. 509. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Northern 
Mariana Islands to the same extent provided to the territories of other 
nations.

SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of nations fishing for 
species under the management authority of the Western and Central 
Pacific Fisheries Convention that do not carry vessel monitoring 
systems capable of communicating with United States enforcement 
authorities shall, prior to, or as soon as reasonably possible after, 
entering and transiting the Exclusive Economic Zone seaward of Hawaii 
and of the Commonwealths, territories, and possessions of the United 
States in the Pacific Ocean area--
        (1) notify the United States Coast Guard or the National Marine 
    Fisheries Service Office of Law Enforcement in the appropriate 
    region of the name, flag state, location, route, and destination of 
    the vessel and of the circumstances under which it will enter 
    United States waters;
        (2) ensure that all fishing gear on board the vessel is stowed 
    below deck or otherwise removed from the place where it is normally 
    used for fishing and placed where it is not readily available for 
    fishing; and
        (3) where requested by an enforcement officer, proceed to a 
    specified location so that a vessel inspection can be conducted.

SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary to carry out this title and to 
pay the United States' contribution to the Commission under section 5 
of part III of the WCPFC Convention.

                       TITLE VI--PACIFIC WHITING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Pacific Whiting Act of 2006''.

SEC. 602. DEFINITIONS.

    In this title:
        (1) Advisory panel.--The term ``advisory panel'' means the 
    Advisory Panel on Pacific Hake/Whiting established by the 
    Agreement.
        (2) Agreement.--The term ``Agreement'' means the Agreement 
    between the Government of the United States and the Government of 
    Canada on Pacific Hake/Whiting, signed at Seattle, Washington, on 
    November 21, 2003.
        (3) Catch.--The term ``catch'' means all fishery removals from 
    the offshore whiting resource, including landings, discards, and 
    bycatch in other fisheries.
        (4) Joint management committee.--The term ``joint management 
    committee'' means the joint management committee established by the 
    Agreement.
        (5) Joint technical committee.--The term ``joint technical 
    committee'' means the joint technical committee established by the 
    Agreement.
        (6) Offshore whiting resource.--The term ``offshore whiting 
    resource'' means the transboundary stock of Merluccius productus 
    that is located in the offshore waters of the United States and 
    Canada except in Puget Sound and the Strait of Georgia.
        (7) Scientific review group.--The term ``scientific review 
    group'' means the scientific review group established by the 
    Agreement.
        (8) Secretary.--The term ``Secretary'' means the Secretary of 
    Commerce.
        (9) United states section.--The term ``United States Section'' 
    means the United States representatives on the joint management 
    committee.

SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT COMMITTEE.

    (a) Representatives.--
        (1) In general.--The Secretary, in consultation with the 
    Secretary of State, shall appoint 4 individuals to represent the 
    United States as the United States Section on the joint management 
    committee. In making the appointments, the Secretary shall select 
    representatives from among individuals who are knowledgeable or 
    experienced concerning the offshore whiting resource. Of these--
            (A) 1 shall be an official of the National Oceanic and 
        Atmospheric Administration;
            (B) 1 shall be a member of the Pacific Fishery Management 
        Council, appointed with consideration given to any 
        recommendation provided by that Council;
            (C) 1 shall be appointed from a list submitted by the 
        treaty Indian tribes with treaty fishing rights to the offshore 
        whiting resource; and
            (D) 1 shall be appointed from the commercial sector of the 
        whiting fishing industry concerned with the offshore whiting 
        resource.
        (2) Term of office.--Each representative appointed under 
    paragraph (1) shall be appointed for a term not to exceed 4 years, 
    except that, of the initial appointments, 2 representatives shall 
    be appointed for terms of 2 years. Any individual appointed to fill 
    a vacancy occurring prior to the expiration of the term of office 
    of that individual's predecessor shall be appointed for the 
    remainder of that term. A representative may be appointed for a 
    term of less than 4 years if such term is necessary to ensure that 
    the term of office of not more than 2 representatives will expire 
    in any single year. An individual appointed to serve as a 
    representative is eligible for reappointment.
        (3) Chair.--Unless otherwise agreed by all of the 4 
    representatives, the chair shall rotate annually among the 4 
    members, with the order of rotation determined by lot at the first 
    meeting.
    (b) Alternate Representatives.--The Secretary, in consultation with 
the Secretary of State, may designate alternate representatives of the 
United States to serve on the joint management committee. An 
alternative representative may exercise, at any meeting of the 
committee, all the powers and duties of a representative in the absence 
of a duly designated representative for whatever reason.

SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC REVIEW GROUP.

    (a) In General.--The Secretary, in consultation with the Secretary 
of State, shall appoint no more than 2 scientific experts to serve on 
the scientific review group. An individual shall not be eligible to 
serve on the scientific review group while serving on the joint 
technical committee.
    (b) Term.--An individual appointed under subsection (a) shall be 
appointed for a term of not to exceed 4 years, but shall be eligible 
for reappointment. An individual appointed to fill a vacancy occurring 
prior to the expiration of a term of office of that individual's 
predecessor shall be appointed to serve for the remainder of that term.
    (c) Joint Appointments.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
may appoint to the scientific review group, from a list of names 
provided by the advisory panel--
        (1) up to 2 independent members of the scientific review group; 
    and
        (2) 2 public advisors.

SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.

    (a) Scientific Experts.--
        (1) In general.--The Secretary, in consultation with the 
    Secretary of State, shall appoint at least 6 but not more than 12 
    individuals to serve as scientific experts on the joint technical 
    committee, at least 1 of whom shall be an official of the National 
    Oceanic and Atmospheric Administration.
        (2) Term of office.--An individual appointed under paragraph 
    (1) shall be appointed for a term of not to exceed 4 years, but 
    shall be eligible for reappointment. An individual appointed to 
    fill a vacancy occurring prior to the expiration of the term of 
    office of that individual's predecessor shall be appointed for the 
    remainder of that term.
    (b) Independent Member.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
shall appoint 1 independent member to the joint technical committee 
selected from a list of names provided by the advisory panel.

SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

    (a) In General.--
        (1) Appointment.--The Secretary, in consultation with the 
    Secretary of State, shall appoint at least 6 but not more than 12 
    individuals to serve as members of the advisory panel, selected 
    from among individuals who are--
            (A) knowledgeable or experienced in the harvesting, 
        processing, marketing, management, conservation, or research of 
        the offshore whiting resource; and
            (B) not employees of the United States.
        (2) Term of office.--An individual appointed under paragraph 
    (1) shall be appointed for a term of not to exceed 4 years, but 
    shall be eligible for reappointment. An individual appointed to 
    fill a vacancy occurring prior to the expiration of the term of 
    office of that individual's predecessor shall be appointed for the 
    remainder of that term.

SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

    (a) In General.--The Secretary is responsible for carrying out the 
Agreement and this title, including the authority, to be exercised in 
consultation with the Secretary of State, to accept or reject, on 
behalf of the United States, recommendations made by the joint 
management committee.
    (b) Regulations; Cooperation With Canadian Officials.--In 
exercising responsibilities under this title, the Secretary--
        (1) may promulgate such regulations as may be necessary to 
    carry out the purposes and objectives of the Agreement and this 
    title; and
        (2) with the concurrence of the Secretary of State, may 
    cooperate with officials of the Canadian Government duly authorized 
    to carry out the Agreement.

SEC. 608. RULEMAKING.

    (a) Application With Magnuson-Stevens Act.--The Secretary shall 
establish the United States catch level for Pacific whiting according 
to the standards and procedures of the Agreement and this title rather 
than under the standards and procedures of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the 
extent necessary to address the rebuilding needs of other species. 
Except for establishing the catch level, all other aspects of Pacific 
whiting management shall be--
        (1) subject to the Magnuson-Stevens Fishery Conservation and 
    Management Act; and
        (2) consistent with this title.
    (b) Joint Management Committee Recommendations.--For any year in 
which both parties to the Agreement approve recommendations made by the 
joint management committee with respect to the catch level, the 
Secretary shall implement the approved recommendations. Any regulation 
promulgated by the Secretary to implement any such recommendation shall 
apply, as necessary, to all persons and all vessels subject to the 
jurisdiction of the United States wherever located.
    (c) Years With No Approved Catch Recommendations.--If the parties 
to the Agreement do not approve the joint management committee's 
recommendation with respect to the catch level for any year, the 
Secretary shall establish the total allowable catch for Pacific whiting 
for the United States catch. In establishing the total allowable catch 
under this subsection, the Secretary shall--
        (1) take into account any recommendations from the Pacific 
    Fishery Management Council, the joint management committee, the 
    joint technical committee, the scientific review group, and the 
    advisory panel;
        (2) base the total allowable catch on the best scientific 
    information available;
        (3) use the default harvest rate set out in paragraph 1 of 
    Article III of the Agreement unless the Secretary determines that 
    the scientific evidence demonstrates that a different rate is 
    necessary to sustain the offshore whiting resource; and
        (4) establish the United State's share of the total allowable 
    catch based on paragraph 2 of Article III of the Agreement and make 
    any adjustments necessary under section 5 of Article II of the 
    Agreement.

SEC. 609. ADMINISTRATIVE MATTERS.

    (a) Employment Status.--Individuals appointed under section 603, 
604, 605, or 606 of this title who are serving as such Commissioners, 
other than officers or employees of the United States Government, shall 
be considered to be Federal employees while performing such service, 
only for purposes of--
        (1) injury compensation under chapter 81 of title 5, United 
    States Code;
        (2) requirements concerning ethics, conflicts of interest, and 
    corruption as provided under title 18, United States Code; and
        (3) any other criminal or civil statute or regulation governing 
    the conduct of Federal employees.
    (b) Compensation.--
        (1) In general.--Except as provided in paragraph (2), an 
    individual appointed under this title shall receive no compensation 
    for the individual's service as a representative, alternate 
    representative, scientific expert, or advisory panel member under 
    this title.
        (2) Scientific review group.--Notwithstanding paragraph (1), 
    the Secretary may employ and fix the compensation of an individual 
    appointed under section 604(a) to serve as a scientific expert on 
    the scientific review group who is not employed by the United 
    States Government, a State government, or an Indian tribal 
    government in accordance with section 3109 of title 5, United 
    States Code.
    (c) Travel Expenses.--Except as provided in subsection (d), the 
Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 
title 5, United States Code.
    (d) Joint Appointees.--With respect to the 2 independent members of 
the scientific review group and the 2 public advisors to the scientific 
review group jointly appointed under section 604(c), and the 1 
independent member to the joint technical committee jointly appointed 
under section 605(b), the Secretary may pay up to 50 percent of--
        (1) any compensation paid to such individuals; and
        (2) the necessary travel expenses of such individuals.

SEC. 610. ENFORCEMENT.

    (a) In General.--The Secretary may--
        (1) administer and enforce this title and any regulations 
    issued under this title;
        (2) request and utilize on a reimbursed or non-reimbursed basis 
    the assistance, services, personnel, equipment, and facilities of 
    other Federal departments and agencies in the administration and 
    enforcement of this title; and
        (3) collect, utilize, and disclose such information as may be 
    necessary to implement the Agreement and this title, subject to 
    sections 552 and 552a of title 5, United States Code.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated into and 
made a part of this title.
    (d) Penalties.--This title shall be enforced by the Secretary as if 
a violation of this title or of any regulation promulgated by the 
Secretary under this title were a violation of section 307 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857).

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out the obligations of the United States 
under the Agreement and this title.

                        TITLE VII--MISCELLANEOUS

SEC. 701. 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 affects the United States.

SEC. 702. PUGET SOUND REGIONAL SHELLFISH SETTLEMENT.

    (a) Findings and Purposes.--
        (1) Findings.--Congress finds that--
            (A) the Tribes have established treaty rights to take 
        shellfish from public and private tidelands in Washington 
        State, including from some lands owned, leased, or otherwise 
        subject to harvest by commercial shellfish growers;
            (B) the district court that adjudicated the Tribes' treaty 
        rights to take shellfish found that the growers are innocent 
        purchasers who had no notice of the Tribes' fishing right when 
        they acquired their properties;
            (C) numerous unresolved issues remain outstanding regarding 
        implementation of the Tribes' treaty right to take shellfish 
        from lands owned, leased, or otherwise subject to harvest by 
        the growers;
            (D) the Tribes, the growers, the State of Washington, and 
        the United States Department of the Interior have resolved by a 
        settlement agreement many of the disputes between and among 
        them regarding implementation of the Tribes' treaty right to 
        take shellfish from covered tidelands owned or leased by the 
        growers;
            (E) the settlement agreement does not provide for 
        resolution of any claims to take shellfish from lands owned or 
        leased by the growers that potentially may be brought in the 
        future by other Tribes;
            (F) in the absence of congressional actions, the prospect 
        of other Tribes claims to take shellfish from lands owned or 
        leased by the growers could be pursued through the courts, a 
        process which in all likelihood could consume many years and 
        thereby promote uncertainty in the State of Washington and the 
        growers and to the ultimate detriment of both the Tribes and 
        other Tribes and their members;
            (G) in order to avoid this uncertainty, it is the intent of 
        Congress that other Tribes have the option of resolving their 
        claims, if any, to a treaty right to take shellfish from 
        covered tidelands owned or leased by the growers; and
            (H) this Act represents a good faith effort on the part of 
        Congress to extend to other Tribes the same fair and just 
        option of resolving their claims to take shellfish from covered 
        tidelands owned or leased by the growers that the Tribes have 
        agreed to in the settlement agreement.
        (2) Purposes.--The purposes of this section are--
            (A) to approve, ratify, and confirm the settlement 
        agreement entered into by and among the Tribes, commercial 
        shellfish growers, the State of Washington, and the United 
        States;
            (B) to provide other Tribes with a fair and just resolution 
        of any claims to take shellfish from covered tidelands, as that 
        term is defined in the settlement agreement, that potentially 
        could be brought in the future by other Tribes; and
            (C) to authorize the Secretary to implement the terms and 
        conditions of the settlement agreement and this section.
    (b) Approval of Settlement Agreement.--
        (1) In general.--The settlement agreement is hereby approved, 
    ratified, and confirmed, and section 6 of the settlement agreement, 
    Release of Claims, is specifically adopted and incorporated into 
    this section as if fully set forth herein.
        (2) Authorization for implementation.--The Secretary is hereby 
    authorized to implement the terms and conditions of the settlement 
    agreement in accordance with the settlement agreement and this 
    section.
    (c) Fund, Special Holding Account, and Conditions.--
        (1) Puget sound regional shellfish settlement trust fund.--
            (A) There is hereby established in the Treasury of the 
        United States an account to be designated as the ``Puget Sound 
        Regional Shellfish Settlement Trust Fund''. The Secretary shall 
        deposit funds in the amount of $22,000,000 at such time as 
        appropriated pursuant to this section into the Fund.
            (B) The Fund shall be maintained and invested by the 
        Secretary of the Interior pursuant to the Act of June 24, 1938 
        (25 U.S.C. 162a) until such time as all monies are transferred 
        from the Fund.
            (C) The Secretary shall transfer monies held in the Fund to 
        each Tribe of the Tribes in the amounts and manner specified by 
        and in accordance with the payment agreement established 
        pursuant to the settlement agreement and this section.
        (2) Puget sound regional shellfish settlement special holding 
    account.--
            (A) There is hereby established in the Treasury of the 
        United States a fund to be designated as the ``Puget Sound 
        Regional Shellfish Settlement Special Holding Account''. The 
        Secretary shall deposit funds in the amount of $1,500,000 into 
        the Special Holding Account in fiscal year 2011 at such time as 
        such funds are appropriated pursuant to this section.
            (B) The Special Holding Account shall be maintained and 
        invested by the Secretary of the Interior pursuant to the Act 
        of June 24, 1938, (25 U.S.C. 162a) until such time as all 
        monies are transferred from the Special Holding Account.
            (C) If a court of competent jurisdiction renders a final 
        decision declaring that any of the other Tribes has an 
        established treaty right to take or harvest shellfish in 
        covered tidelands, as that term is defined in the settlement 
        agreement, and such tribe opts to accept a share of the Special 
        Holding Account, rather than litigate this claim against the 
        growers, the Secretary shall transfer the appropriate share of 
        the monies held in the Special Holding Account to each such 
        tribe of the other Tribes in the amounts appropriate to 
        compensate the other Tribes in the same manner and for the same 
        purposes as the Tribes who are signatory to the settlement 
        agreement. Such a transfer to a tribe shall constitute full and 
        complete satisfaction of that tribe's claims to shellfish on 
        the covered tidelands.
            (D) The Secretary may retain such amounts of the Special 
        Holding Account as necessary to provide for additional tribes 
        that may judicially establish their rights to take shellfish in 
        the covered tidelands within the term of that Account, provided 
        that the Secretary pays the remaining balance to the other 
        Tribes prior to the expiration of the term of the Special 
        Holding Account.
            (E) The Tribes shall have no interest, possessory or 
        otherwise, in the Special Holding Account.
            (F) Twenty years after the deposit of funds into the 
        Special Holding Account, the Secretary shall close the Account 
        and transfer the balance of any funds held in the Special 
        Holding Account at that time to the Treasury. However, the 
        Secretary may continue to maintain the Special Holding Account 
        in order to resolve the claim of an other Tribe that has 
        notified the Secretary in writing within the 20-year term of 
        that Tribe's interest in resolving its claim in the manner 
        provided for in this section.
            (G) It is the intent of Congress that the other Tribes, if 
        any, shall have the option of agreeing to similar rights and 
        responsibilities as the Tribes that are signatories to the 
        settlement agreement, if they opt not to litigate against the 
        growers.
        (3) Annual report.--Each tribe of the Tribes, or any of the 
    other Tribes accepting a settlement of its claims to shellfish on 
    covered lands pursuant to paragraph (2)(C), shall submit to the 
    Secretary an annual report that describes all expenditures made 
    with monies withdrawn from the Fund or Special Holding Account 
    during the year covered by the report.
        (4) Judicial and administrative action.--The Secretary may take 
    judicial or administrative action to ensure that any monies 
    withdrawn from the Fund or Special Holding Account are used in 
    accordance with the purposes described in the settlement agreement 
    and this section.
        (5) Clarification of trust responsibility.--Beginning on the 
    date that monies are transferred to a tribe of the Tribes or a 
    tribe of the other Tribes pursuant to this section, any trust 
    responsibility or liability of the United States with respect to 
    the expenditure or investment of the monies withdrawn shall cease.
    (d) State of Washington Payment.--The Secretary shall not be 
accountable for nor incur any liability for the collection, deposit, 
management or nonpayment of the State of Washington payment of 
$11,000,000 to the Tribes pursuant to the settlement agreement.
    (e) Release of Other Tribes Claims.--
        (1) Right to bring actions.--As of the date of enactment of 
    this section, all right of any other Tribes to bring an action to 
    enforce or exercise its treaty rights to take shellfish from public 
    and private tidelands in Washington State, including from some 
    lands owned, leased, or otherwise subject to harvest by any and all 
    growers shall be determined in accordance with the decisions of the 
    Courts of the United States in United States v. Washington, Civ. 
    No. 9213 (Western District of Washington).
      (2) Certain rights governed by this section.--If a tribe falling 
    within the other Tribes category opts to resolve its claims to take 
    shellfish from covered tidelands owned or leased by the growers 
    pursuant to subsection (c)(2)(C) of this section, that tribe's 
    rights shall be governed by this section, as well as by the 
    decisions of the Courts in United States v. Washington, Civ. No. 
    9213.
        (3) No breach of trust.--Notwithstanding whether the United 
    States has a duty to initiate such an action, the failure or 
    declination by the United States to initiate any action to enforce 
    any other Tribe's or other Tribes' treaty rights to take shellfish 
    from public and private tidelands in Washington State, including 
    from covered tidelands owned, leased, or otherwise subject to 
    harvest by any and all growers shall not constitute a breach of 
    trust by the United States or be compensable to other Tribes.
    (f) Cause of Action.--If any payment by the United States is not 
paid in the amount or manner specified by this section, or is not paid 
within 6 months after the date specified by the settlement agreement, 
such failure shall give rise to a cause of action by the Tribes either 
individually or collectively against the United States for money 
damages for the amount authorized but not paid to the Tribes, and the 
Tribes, either individually or collectively, are authorized to bring an 
action against the United States in the United States Court of Federal 
Claims for such funds plus interest.
    (g) Definitions.--In this section:
        (1) Fund.--The term ``Fund'' means the Puget Sound Shellfish 
    Settlement Trust Fund Account established by this section.
        (2) Growers.--The term ``growers'' means Taylor United, Inc.; 
    Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E. Lindsay; 
    Minterbrook Oyster Company; Charles and Willa Murray; Skookum Bay 
    Oyster Company; J & G Gunstone Clams, Inc.; and all persons who 
    qualify as ``growers'' in accordance with and pursuant to the 
    settlement agreement.
        (3) Other tribes.--The term ``other Tribes'' means any 
    federally recognized Indian nation or tribe other than the Tribes 
    described in paragraph (6) that, within 20 years after the deposit 
    of funds in the Special Holding Account, establishes a legally 
    enforceable treaty right to take shellfish from covered tidelands 
    described in the settlement agreement, owned, leased or otherwise 
    subject to harvest by those persons or entities that qualify as 
    growers.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (5) Settlement agreement.--The term ``settlement agreement'' 
    means the settlement agreement entered into by and between the 
    Tribes, commercial shellfish growers, the State of Washington and 
    the United States, to resolve certain disputes between and among 
    them regarding implementation of the Tribes' treaty right to take 
    shellfish from certain covered tidelands owned, leased or otherwise 
    subject to harvest by the growers.
        (6) Tribes.--The term ``Tribes'' means the following federally 
    recognized Tribes that executed the settlement agreement: Tulalip, 
    Stillaguamish, Sauk Suiattle, Puyallup, Squaxin Island, Makah, 
    Muckleshoot, Upper Skagit, Nooksack, Nisqually, Skokomish, Port 
    Gamble S'Klallam, Lower Elwha Klallam, Jamestown S'Klallam, and 
    Suquamish Tribes, the Lummi Nation, and the Swinomish Indian Tribal 
    Community.
        (7) Special holding account.--The term ``Special Holding 
    Account'' means the Puget Sound Shellfish Settlement Special 
    Holding Account established by this section.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated $23,500,000 to carry out this section--
            (A) $2,000,000 for fiscal year 2007;
            (B) $5,000,000 for each of fiscal years 2008 through 2010; 
        and
            (C) $6,500,000 for fiscal year 2011.

               TITLE VIII--TSUNAMI WARNING AND EDUCATION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Tsunami Warning and Education 
Act''.

SEC. 802. DEFINITIONS.

    In this title:
        (1) The term ``Administration'' means the National Oceanic and 
    Atmospheric Administration.
        (2) The term ``Administrator'' means the Administrator of the 
    National Oceanic and Atmospheric Administration.

SEC. 803. PURPOSES.

    The purposes of this title are--
        (1) to improve tsunami detection, forecasting, warnings, 
    notification, outreach, and mitigation to protect life and property 
    in the United States;
        (2) to enhance and modernize the existing Pacific Tsunami 
    Warning System to increase coverage, reduce false alarms, and 
    increase the accuracy of forecasts and warnings, and to expand 
    detection and warning systems to include other vulnerable States 
    and United States territories, including the Atlantic Ocean, 
    Caribbean Sea, and Gulf of Mexico areas;
        (3) to improve mapping, modeling, research, and assessment 
    efforts to improve tsunami detection, forecasting, warnings, 
    notification, outreach, mitigation, response, and recovery;
        (4) to improve and increase education and outreach activities 
    and ensure that those receiving tsunami warnings and the at-risk 
    public know what to do when a tsunami is approaching;
        (5) to provide technical and other assistance to speed 
    international efforts to establish regional tsunami warning systems 
    in vulnerable areas worldwide, including the Indian Ocean; and
        (6) to improve Federal, State, and international coordination 
    for detection, warnings, and outreach for tsunami and other coastal 
    impacts.

SEC. 804. TSUNAMI FORECASTING AND WARNING PROGRAM.

    (a) In General.--The Administrator, through the National Weather 
Service and in consultation with other relevant Administration offices, 
shall operate a program to provide tsunami detection, forecasting, and 
warnings for the Pacific and Arctic Ocean regions and for the Atlantic 
Ocean, Caribbean Sea, and Gulf of Mexico region.
    (b) Components.--The program under this section shall--
        (1) include the tsunami warning centers established under 
    subsection (d);
        (2) utilize and maintain an array of robust tsunami detection 
    technologies;
        (3) maintain detection equipment in operational condition to 
    fulfill the detection, forecasting, and warning requirements of 
    this title;
        (4) provide tsunami forecasting capability based on models and 
    measurements, including tsunami inundation models and maps for use 
    in increasing the preparedness of communities, including through 
    the TsunamiReady program;
        (5) maintain data quality and management systems to support the 
    requirements of the program;
        (6) include a cooperative effort among the Administration, the 
    United States Geological Survey, and the National Science 
    Foundation under which the Geological Survey and the National 
    Science Foundation shall provide rapid and reliable seismic 
    information to the Administration from international and domestic 
    seismic networks;
        (7) provide a capability for the dissemination of warnings to 
    at-risk States and tsunami communities through rapid and reliable 
    notification to government officials and the public, including 
    utilization of and coordination with existing Federal warning 
    systems, including the National Oceanic and Atmospheric 
    Administration Weather Radio All Hazards Program;
        (8) allow, as practicable, for integration of tsunami detection 
    technologies with other environmental observing technologies; and
        (9) include any technology the Administrator considers 
    appropriate to fulfill the objectives of the program under this 
    section.
    (c) System Areas.--The program under this section shall operate--
        (1) a Pacific tsunami warning system capable of forecasting 
    tsunami anywhere in the Pacific and Arctic Ocean regions and 
    providing adequate warnings; and
        (2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico 
    tsunami warning system capable of forecasting tsunami and providing 
    adequate warnings in areas of the Atlantic Ocean, Caribbean Sea, 
    and Gulf of Mexico that are determined--
            (A) to be geologically active, or to have significant 
        potential for geological activity; and
            (B) to pose significant risks of tsunami for States along 
        the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf 
        of Mexico.
    (d) Tsunami Warning Centers.--
        (1) In general.--The Administrator, through the National 
    Weather Service, shall maintain or establish--
            (A) a Pacific Tsunami Warning Center in Hawaii;
            (B) a West Coast and Alaska Tsunami Warning Center in 
        Alaska; and
            (C) any additional forecast and warning centers determined 
        by the National Weather Service to be necessary.
        (2) Responsibilities.--The responsibilities of each tsunami 
    warning center shall include--
            (A) continuously monitoring data from seismological, deep 
        ocean, and tidal monitoring stations;
            (B) evaluating earthquakes that have the potential to 
        generate tsunami;
            (C) evaluating deep ocean buoy data and tidal monitoring 
        stations for indications of tsunami resulting from earthquakes 
        and other sources;
            (D) disseminating forecasts and tsunami warning bulletins 
        to Federal, State, and local government officials and the 
        public;
            (E) coordinating with the tsunami hazard mitigation program 
        described in section 805 to ensure ongoing sharing of 
        information between forecasters and emergency management 
        officials; and
            (F) making data gathered under this title and post-warning 
        analyses conducted by the National Weather Service or other 
        relevant Administration offices available to researchers.
    (e) Transfer of Technology; Maintenance and Upgrades.--
        (1) In general.--In carrying out this section, the National 
    Weather Service, in consultation with other relevant Administration 
    offices, shall--
            (A) develop requirements for the equipment used to forecast 
        tsunami, which shall include provisions for multipurpose 
        detection platforms, reliability and performance metrics, and 
        to the maximum extent practicable how the equipment will be 
        integrated with other United States and global ocean and 
        coastal observation systems, the global earth observing system 
        of systems, global seismic networks, and the Advanced National 
        Seismic System;
            (B) develop and execute a plan for the transfer of 
        technology from ongoing research described in section 806 into 
        the program under this section; and
            (C) ensure that maintaining operational tsunami detection 
        equipment is the highest priority within the program carried 
        out under this title.
        (2) Report to congress.--
            (A) Not later than 1 year after the date of enactment of 
        this Act, the National Weather Service, in consultation with 
        other relevant Administration offices, shall transmit to 
        Congress a report on how the tsunami forecast system under this 
        section will be integrated with other United States and global 
        ocean and coastal observation systems, the global earth 
        observing system of systems, global seismic networks, and the 
        Advanced National Seismic System.
            (B) Not later than 3 years after the date of enactment of 
        this Act, the National Weather Service, in consultation with 
        other relevant Administration offices, shall transmit a report 
        to Congress on how technology developed under section 806 is 
        being transferred into the program under this section.
    (f) Federal Cooperation.--When deploying and maintaining tsunami 
detection technologies, the Administrator shall seek the assistance and 
assets of other appropriate Federal agencies.
    (g) Annual Equipment Certification.--At the same time Congress 
receives the budget justification documents in support of the 
President's annual budget request for each fiscal year, the 
Administrator shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives a certification that--
        (1) identifies the tsunami detection equipment deployed 
    pursuant to this title, as of December 31 of the preceding calendar 
    year;
        (2) certifies which equipment is operational as of December 31 
    of the preceding calendar year;
        (3) in the case of any piece of such equipment that is not 
    operational as of such date, identifies that equipment and 
    describes the mitigation strategy that is in place--
            (A) to repair or replace that piece of equipment within a 
        reasonable period of time; or
            (B) to otherwise ensure adequate tsunami detection 
        coverage;
        (4) identifies any equipment that is being developed or 
    constructed to carry out this title but which has not yet been 
    deployed, if the Administration has entered into a contract for 
    that equipment prior to December 31 of the preceding calendar year, 
    and provides a schedule for the deployment of that equipment; and
        (5) certifies that the Administrator expects the equipment 
    described in paragraph (4) to meet the requirements, cost, and 
    schedule provided in that contract.
    (h) Congressional Notifications.--The Administrator shall notify 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Science of the House of Representatives within 30 
days of--
        (1) impaired regional forecasting capabilities due to equipment 
    or system failures; and
        (2) significant contractor failures or delays in completing 
    work associated with the tsunami forecasting and warning system.
    (i) Report.--Not later than January 31, 2010, the Comptroller 
General of the United States shall transmit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science of the House of Representatives that--
        (1) evaluates the current status of the tsunami detection, 
    forecasting, and warning system and the tsunami hazard mitigation 
    program established under this title, including progress toward 
    tsunami inundation mapping of all coastal areas vulnerable to 
    tsunami and whether there has been any degradation of services as a 
    result of the expansion of the program;
        (2) evaluates the National Weather Service's ability to achieve 
    continued improvements in the delivery of tsunami detection, 
    forecasting, and warning services by assessing policies and plans 
    for the evolution of modernization systems, models, and 
    computational abilities (including the adoption of new 
    technologies); and
        (3) lists the contributions of funding or other resources to 
    the program by other Federal agencies, particularly agencies 
    participating in the program.
    (j) External Review.--The Administrator shall enter into an 
arrangement with the National Academy of Sciences to review the tsunami 
detection, forecast, and warning program established under this title 
to assess further modernization and coverage needs, as well as long-
term operational reliability issues, taking into account measures 
implemented under this title. The review shall also include an 
assessment of how well the forecast equipment has been integrated into 
other United States and global ocean and coastal observation systems 
and the global earth observing system of systems. Not later than 2 
years after the date of enactment of this Act, the Administrator shall 
transmit a report containing the National Academy of Sciences' 
recommendations, the Administrator's responses to the recommendations, 
including those where the Administrator disagrees with the Academy, a 
timetable to implement the accepted recommendations, and the cost of 
implementing all the Academy's recommendations, to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives.
    (k) Report.--Not later than 3 months after the date of enactment of 
this Act, the Administrator shall establish a process for monitoring 
and certifying contractor performance in carrying out the requirements 
of any contract to construct or deploy tsunami detection equipment, 
including procedures and penalties to be imposed in cases of 
significant contractor failure or negligence.

SEC. 805. NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM.

    (a) In General.--The Administrator, through the National Weather 
Service and in consultation with other relevant Administration offices, 
shall conduct a community-based tsunami hazard mitigation program to 
improve tsunami preparedness of at-risk areas in the United States and 
its territories.
    (b) Coordinating Committee.--In conducting the program under this 
section, the Administrator shall establish a coordinating committee 
comprising representatives of Federal, State, local, and tribal 
government officials. The Administrator may establish subcommittees to 
address region-specific issues. The committee shall--
        (1) recommend how funds appropriated for carrying out the 
    program under this section will be allocated;
        (2) ensure that areas described in section 804(c) in the United 
    States and its territories can have the opportunity to participate 
    in the program;
        (3) provide recommendations to the National Weather Service on 
    how to improve the TsunamiReady program, particularly on ways to 
    make communities more tsunami resilient through the use of 
    inundation maps and other mitigation practices; and
        (4) ensure that all components of the program are integrated 
    with ongoing hazard warning and risk management activities, 
    emergency response plans, and mitigation programs in affected 
    areas, including integrating information to assist in tsunami 
    evacuation route planning.
    (c) Program Components.--The program under this section shall--
        (1) use inundation models that meet a standard of accuracy 
    defined by the Administration to improve the quality and extent of 
    inundation mapping, including assessment of vulnerable inner 
    coastal and nearshore areas, in a coordinated and standardized 
    fashion to maximize resources and the utility of data collected;
        (2) promote and improve community outreach and education 
    networks and programs to ensure community readiness, including the 
    development of comprehensive coastal risk and vulnerability 
    assessment training and decision support tools, implementation of 
    technical training and public education programs, and providing for 
    certification of prepared communities;
        (3) integrate tsunami preparedness and mitigation programs into 
    ongoing hazard warning and risk management activities, emergency 
    response plans, and mitigation programs in affected areas, 
    including integrating information to assist in tsunami evacuation 
    route planning;
        (4) promote the adoption of tsunami warning and mitigation 
    measures by Federal, State, tribal, and local governments and 
    nongovernmental entities, including educational programs to 
    discourage development in high-risk areas; and
        (5) provide for periodic external review of the program.
    (d) Savings Clause.--Nothing in this section shall be construed to 
require a change in the chair of any existing tsunami hazard mitigation 
program subcommittee.

SEC. 806. TSUNAMI RESEARCH PROGRAM.

    The Administrator shall, in consultation with other agencies and 
academic institutions, and with the coordinating committee established 
under section 805(b), establish or maintain a tsunami research program 
to develop detection, forecast, communication, and mitigation science 
and technology, including advanced sensing techniques, information and 
communication technology, data collection, analysis, and assessment for 
tsunami tracking and numerical forecast modeling. Such research program 
shall--
        (1) consider other appropriate research to mitigate the impact 
    of tsunami;
        (2) coordinate with the National Weather Service on technology 
    to be transferred to operations;
        (3) include social science research to develop and assess 
    community warning, education, and evacuation materials; and
        (4) ensure that research and findings are available to the 
    scientific community.

SEC. 807. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.

    (a) International Tsunami Warning System.--The Administrator, 
through the National Weather Service and in consultation with other 
relevant Administration offices, in coordination with other members of 
the United States Interagency Committee of the National Tsunami Hazard 
Mitigation Program, shall provide technical assistance and training to 
the Intergovernmental Oceanographic Commission, the World 
Meteorological Organization, and other international entities, as part 
of international efforts to develop a fully functional global tsunami 
forecast and warning system comprising regional tsunami warning 
networks, modeled on the International Tsunami Warning System of the 
Pacific.
    (b) International Tsunami Information Center.--The Administrator, 
through the National Weather Service and in consultation with other 
relevant Administration offices, in cooperation with the 
Intergovernmental Oceanographic Commission, shall operate an 
International Tsunami Information Center to improve tsunami 
preparedness for all Pacific Ocean nations participating in the 
International Tsunami Warning System of the Pacific, and may also 
provide such assistance to other nations participating in a global 
tsunami warning system established through the Intergovernmental 
Oceanographic Commission. As part of its responsibilities around the 
world, the Center shall--
        (1) monitor international tsunami warning activities around the 
    world;
        (2) assist member states in establishing national warning 
    systems, and make information available on current technologies for 
    tsunami warning systems;
        (3) maintain a library of materials to promulgate knowledge 
    about tsunami in general and for use by the scientific community; 
    and
        (4) disseminate information, including educational materials 
    and research reports.
    (c) Detection Equipment; Technical Advice and Training.--In 
carrying out this section, the National Weather Service--
        (1) shall give priority to assisting nations in identifying 
    vulnerable coastal areas, creating inundation maps, obtaining or 
    designing real-time detection and reporting equipment, and 
    establishing communication and warning networks and contact points 
    in each vulnerable nation;
        (2) may establish a process for transfer of detection and 
    communication technology to affected nations for the purposes of 
    establishing the international tsunami warning system; and
        (3) shall provide technical and other assistance to support 
    international tsunami programs.
    (d) Data-Sharing Requirement.--The National Weather Service, when 
deciding to provide assistance under this section, may take into 
consideration the data sharing policies and practices of nations 
proposed to receive such assistance, with a goal to encourage all 
nations to support full and open exchange of data.

SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator to 
carry out this title--
        (1) $25,000,000 for fiscal year 2008, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 805; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 806;
        (2) $26,000,000 for fiscal year 2009, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 805; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 806;
        (3) $27,000,000 for fiscal year 2010, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 805; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 806;
        (4) $28,000,000 for fiscal year 2011, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 805; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 806; 
        and
        (5) $29,000,000 for fiscal year 2012, of which--
            (A) not less than 27 percent of the amount appropriated 
        shall be for the tsunami hazard mitigation program under 
        section 805; and
            (B) not less than 8 percent of the amount appropriated 
        shall be for the tsunami research program under section 806.

                         TITLE IX--POLAR BEARS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``United States-Russia Polar Bear 
Conservation and Management Act of 2006''.

SEC. 902. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by adding at the end thereof the 
following:

                         ``TITLE V--POLAR BEARS

``SEC. 501. DEFINITIONS.

    ``In this title:
        ``(1) Agreement.--The term `Agreement' means the Agreement 
    Between the Government of the United States of America and the 
    Government of the Russian Federation on the Conservation and 
    Management of the Alaska-Chukotka Polar Bear Population, signed at 
    Washington, D.C., on October 16, 2000.
        ``(2) Alaska nanuuq commission.--The term `Alaska Nanuuq 
    Commission' means the Alaska Native entity, in existence on the 
    date of enactment of the United States-Russia Polar Bear 
    Conservation and Management Act of 2006, that represents all 
    villages in the State of Alaska that engage in the annual 
    subsistence taking of polar bears from the Alaska-Chukotka 
    population and any successor entity.
        ``(3) Import.--The term `import' 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, 
    without regard to whether the landing, bringing, or introduction 
    constitutes an importation within the meaning of the customs laws 
    of the United States.
        ``(4) Polar bear part or product.--The term `part or product of 
    a polar bear' means any polar bear part or product, including the 
    gall bile and gall bladder.
        ``(5) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
        ``(6) Taking.--The term `taking' has the meaning given the term 
    in the Agreement.
        ``(7) Commission.--The term `Commission' means the commission 
    established under article 8 of the Agreement.

``SEC. 502. PROHIBITIONS.

    ``(a) In General.--It is unlawful for any person who is subject to 
the jurisdiction of the United States or any person in waters or on 
lands under the jurisdiction of the United States--
        ``(1) to take any polar bear in violation of the Agreement;
        ``(2) to take any polar bear in violation of the Agreement or 
    any annual taking limit or other restriction on the taking of polar 
    bears that is adopted by the Commission pursuant to the Agreement;
        ``(3) to import, export, possess, transport, sell, receive, 
    acquire, or purchase, exchange, barter, or offer to sell, purchase, 
    exchange, or barter any polar bear, or any part or product of a 
    polar bear, that is taken in violation of paragraph (2);
        ``(4) to import, export, sell, purchase, exchange, barter, or 
    offer to sell, purchase, exchange, or barter, any polar bear gall 
    bile or polar bear gall bladder;
        ``(5) to attempt to commit, solicit another person to commit, 
    or cause to be committed, any offense under this subsection; or
        ``(6) to violate any regulation promulgated by the Secretary to 
    implement any of the prohibitions established in this subsection.
    ``(b) Exceptions.--For the purpose of forensic testing or any other 
law enforcement purpose, the Secretary, and Federal law enforcement 
officials, and any State or local law enforcement official authorized 
by the Secretary, may import a polar bear or any part or product of a 
polar bear.

``SEC. 503. ADMINISTRATION.

    ``(a) In General.--The Secretary, acting through the Director of 
the United States Fish and Wildlife Service, shall do all things 
necessary and appropriate, including the promulgation of regulations, 
to implement, enforce, and administer the provisions of the Agreement 
on behalf of the United States. The Secretary shall consult with the 
Secretary of State and the Alaska Nanuuq Commission on matters 
involving the implementation of the Agreement.
    ``(b) Utilization of Other Government Resources and Authorities.--
        ``(1) Other government resources.--The Secretary may utilize by 
    agreement, with or without reimbursement, the personnel, services, 
    and facilities of any other Federal agency, any State agency, or 
    the Alaska Nanuuq Commission for purposes of carrying out this 
    title or the Agreement.
        ``(2) Other powers and authorities.--Any person authorized by 
    the Secretary under this subsection to enforce this title or the 
    Agreement shall have the authorities that are enumerated in section 
    6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(b)).
    ``(c) Ensuring Compliance.--
        ``(1) Title i authorities.--The Secretary may use authorities 
    granted under title I for enforcement, imposition of penalties, and 
    the seizure of cargo for violations under this title, provided that 
    any polar bear or any part or product of a polar bear taken, 
    imported, exported, possessed, transported, sold, received, 
    acquired, purchased, exchanged, or bartered, or offered for sale, 
    purchase, exchange, or barter in violation of this title, shall be 
    subject to seizure and forfeiture to the United States without any 
    showing that may be required for assessment of a civil penalty or 
    for criminal prosecution under this Act.
        ``(2) Additional authorities.--Any gun, trap, net, or other 
    equipment used, and any vessel, aircraft, or other means of 
    transportation used, to aid in the violation or attempted violation 
    of this title shall be subject to seizure and forfeiture under 
    section 106.
    ``(d) Regulations.--
        ``(1) In general.--The Secretary shall promulgate such 
    regulations as are necessary to carry out this title and the 
    Agreement.
        ``(2) Ordinances and regulations.--If necessary to carry out 
    this title and the Agreement, and to improve compliance with any 
    annual taking limit or other restriction on taking adopted by the 
    Commission and implemented by the Secretary in accordance with this 
    title, the Secretary may promulgate regulations that adopt any 
    ordinance or regulation that restricts the taking of polar bears 
    for subsistence purposes if the ordinance or regulation has been 
    promulgated by the Alaska Nanuuq Commission.

``SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE 
              ENFORCEMENT AUTHORITY.

    ``(a) In General.--The Secretary, acting through the Director of 
the United States Fish and Wildlife Service, may share authority under 
this title for the management of the taking of polar bears for 
subsistence purposes with the Alaska Nanuuq Commission if such 
commission is eligible under subsection (b).
    ``(b) Delegation.--To be eligible for the management authority 
described in subsection (a), the Alaska Nanuuq Commission shall--
        ``(1) enter into a cooperative agreement with the Secretary 
    under section 119 for the conservation of polar bears;
        ``(2) meaningfully monitor compliance with this title and the 
    Agreement by Alaska Natives; and
        ``(3) administer its co-management program for polar bears in 
    accordance with--
            ``(A) this title; and
            ``(B) the Agreement.

``SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL EXPENSES, AND 
              CLAIMS.

    ``(a) Appointment of United States Commissioners.--
        ``(1) Appointment.--The United States commissioners on the 
    Commission shall be appointed by the President, in accordance with 
    paragraph 2 of article 8 of the Agreement, after taking into 
    consideration the recommendations of--
            ``(A) the Secretary;
            ``(B) the Secretary of State; and
            ``(C) the Alaska Nanuuq Commission.
        ``(2) Qualifications.--With respect to the United States 
    commissioners appointed under this subsection, in accordance with 
    paragraph 2 of article 8 of the Agreement--
            ``(A) 1 United States commissioner shall be an official of 
        the Federal Government;
            ``(B) 1 United States commissioner shall be a 
        representative of the Native people of Alaska, and, in 
        particular, the Native people for whom polar bears are an 
        integral part of their culture; and
            ``(C) both commissioners shall be knowledgeable of, or have 
        expertise in, polar bears.
        ``(3) Service and term.--Each United States commissioner shall 
    serve--
            ``(A) at the pleasure of the President; and
            ``(B) for an initial 4-year term and such additional terms 
        as the President shall determine.
        ``(4) Vacancies.--
            ``(A) In general.--Any individual appointed to fill a 
        vacancy occurring before the expiration of any term of office 
        of a United States commissioner shall be appointed for the 
        remainder of that term.
            ``(B) Manner.--Any vacancy on the Commission shall be 
        filled in the same manner as the original appointment.
    ``(b) Alternate Commissioners.--
        ``(1) In general.--The Secretary, in consultation with the 
    Secretary of State and the Alaska Nanuuq Commission, shall 
    designate an alternate commissioner for each member of the United 
    States section.
        ``(2) Duties.--In the absence of a United States commissioner, 
    an alternate commissioner may exercise all functions of the United 
    States commissioner at any meetings of the Commission or of the 
    United States section.
        ``(3) Reappointment.--An alternate commissioner--
            ``(A) shall be eligible for reappointment by the President; 
        and
            ``(B) may attend all meetings of the United States section.
    ``(c) Duties.--The members of the United States section may carry 
out the functions and responsibilities described in article 8 of the 
Agreement in accordance with this title and the Agreement.
    ``(d) Compensation and Expenses.--
        ``(1) Compensation.--A member of the United States section 
    shall serve without compensation.
        ``(2) Travel expenses.--A member of the United States section 
    shall be allowed travel expenses, including per diem in lieu of 
    subsistence, at rates authorized for an employee of an agency under 
    subchapter I of chapter 57 of title 5, United States Code, while 
    away from the home or regular place of business of the member in 
    the performance of the duties of the United States-Russia Polar 
    Bear Commission.
    ``(e) Agency Designation.--The United States section shall, for the 
purpose of title 28, United States Code, relating to claims against the 
United States and tort claims procedure, be considered to be a Federal 
agency.

``SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE 
              THE COMMISSION.

    ``In accordance with paragraph 3 of article 8 of the Agreement, the 
United States section, made up of commissioners appointed by the 
President, shall vote on any issue before the United States-Russia 
Polar Bear Commission only if there is no disagreement between the 
United States commissioners regarding the vote.

``SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.

    ``(a) In General.--The Secretary shall take all necessary actions 
to implement the decisions and determinations of the Commission under 
paragraph 7 of article 8 of the Agreement.
    ``(b) Taking Limitation.--Not later than 60 days after the date on 
which the Secretary receives notice of the determination of the 
Commission of an annual taking limit, or of the adoption by the 
Commission of other restriction on the taking of polar bears for 
subsistence purposes, the Secretary shall publish a notice in the 
Federal Register announcing the determination or restriction.

``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

    ``(a) In General.--The authority of the Secretary under this title 
is in addition to, and shall not affect--
        ``(1) the authority of the Secretary under other titles of this 
    Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or 
    the exemption for Alaskan natives under section 101(b) of this Act 
    as applied to other marine mammal populations; or
        ``(2) the authorities provided under title II of this Act.
    ``(b) Certain Provisions Inapplicable.--The provisions of titles I 
through IV of this Act do not apply with respect to the implementation 
or administration of this title, except as specified in section 503.

``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out the functions and responsibilities of the 
Secretary under this title and the Agreement $1,000,000 for each of 
fiscal years 2006 through 2010.
    ``(b) Commission.--There are authorized to be appropriated to the 
Secretary to carry out functions and responsibilities of the United 
States Section $150,000 for each of fiscal years 2006 through 2010.
    ``(c) Alaskan Cooperative Management Program.--There are authorized 
to be appropriated to the Secretary to carry out this title and the 
Agreement in Alaska $150,000 for each of fiscal years 2006 through 
2010.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 
amended by adding at the end the following:

                         ``TITLE V--POLAR BEARS

``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate 
          enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and 
          claims.
``Sec. 506. Votes taken by the United States Section on matters before 
          the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
    (c) Treatment of Containers.--Section 107(d)(2) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is amended by 
striking ``vessel or other conveyance'' each place it appears and 
inserting ``vessel, other conveyance, or container''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.