Text: H.R.5946 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-479 (01/12/2007)

 
[109th Congress Public Law 479]
[From the U.S. Government Printing Office]


[DOCID: f:publ479.109]

[[Page 121 STAT. 3575]]

Public Law 109-479
109th Congress

                                 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. <<NOTE: Jan. 12, 
                         2007 -  [H.R. 5946]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 16 USC 1801 note.>> 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.

[[Page 121 STAT. 3576]]

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.

[[Page 121 STAT. 3577]]

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:

[[Page 121 STAT. 3578]]

            ``(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.''.

[[Page 121 STAT. 3579]]

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:

[[Page 121 STAT. 3580]]

    ``(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) <<NOTE: Establishment.>> 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). <<NOTE: Records.>> 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

[[Page 121 STAT. 3581]]

            (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 <<NOTE: Publication.>> 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 <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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;

[[Page 121 STAT. 3582]]

                    ``(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) <<NOTE: Deadline.>> 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

[[Page 121 STAT. 3583]]

            (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) <<NOTE: Records. Internet. Public information.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Notice. Federal Register, 
        publication.>> 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) <<NOTE: Expiration date.>> The requirements of this 
subparagraph shall expire at the end of fiscal year 2012.''.

[[Page 121 STAT. 3584]]

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) <<NOTE: Regulations.>> 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) <<NOTE: 16 USC 1853 note.>> 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);

[[Page 121 STAT. 3585]]

            (4) by striking ``ending overfishing and'' in paragraph 
        (4)(A); and
            (5) by striking ``one-year'' in paragraph (5) and inserting 
        ``2-year''.

    (d) <<NOTE: 16 USC 1854 note.>> 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

[[Page 121 STAT. 3586]]

            (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); <<NOTE: 16 USC 1853.>> and
            (2) by inserting after section 303 the following:

``SEC. 303A. <<NOTE: 16 USC 1853a.>> 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

[[Page 121 STAT. 3587]]

                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) <<NOTE: Deadlines.>> 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) <<NOTE: Criteria. Federal 
                                Register, publication.>> 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) <<NOTE: Plan.>> develop and 
                                submit a community sustainability plan 
                                to the Council and the Secretary that 
                                demonstrates how the plan will address 
                                the social

[[Page 121 STAT. 3588]]

                                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) <<NOTE: Criteria. Federal Register, 
                      publication.>> 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

[[Page 121 STAT. 3589]]

                          ``(vi) <<NOTE: Plan.>> 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) <<NOTE: Procedures.>> 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;

[[Page 121 STAT. 3590]]

                    ``(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

[[Page 121 STAT. 3591]]

                      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) <<NOTE: Referendum. Notification.>> 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. <<NOTE: Deadline. Publication. Guidelines.
                       Procedures.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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

[[Page 121 STAT. 3592]]

        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) <<NOTE: Permit period.>> 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

[[Page 121 STAT. 3593]]

                    ``(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) <<NOTE: Deadlines.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 16 USC 1891.>> 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).''.

[[Page 121 STAT. 3594]]

    (e) <<NOTE: 16 USC 1853a note.>> 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) <<NOTE: Deadline.>> propose revised procedures 
                within 6 months after the date of enactment of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Reauthorization Act of 2006;
                    ``(B) <<NOTE: Public comments.>> provide 90 days for 
                public review and comments; and
                    ``(C) <<NOTE: Deadline.>> 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''.

[[Page 121 STAT. 3595]]

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.''.

[[Page 121 STAT. 3596]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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

[[Page 121 STAT. 3597]]

        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) <<NOTE: Deadline.>> 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--

[[Page 121 STAT. 3598]]

            (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

[[Page 121 STAT. 3599]]

        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) <<NOTE: Certification.>> 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.

[[Page 121 STAT. 3600]]

            ``(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.

[[Page 121 STAT. 3601]]

            ``(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) <<NOTE: 15 USC 1861a note.>> 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. <<NOTE: 16 USC 1864.>> 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

[[Page 121 STAT. 3602]]

        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) <<NOTE: Deadline.>> 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) <<NOTE: 16 USC 460ss note.>> Salmon Plan and Study.--
            (1) Recovery <<NOTE: Deadline.>> 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

[[Page 121 STAT. 3603]]

                    (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--

[[Page 121 STAT. 3604]]

                    (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. <<NOTE: 16 USC 1864 note.>> 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) <<NOTE: State listing.>> 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.

[[Page 121 STAT. 3605]]

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. <<NOTE: 16 USC 1865.>> BYCATCH REDUCTION ENGINEERING 
            PROGRAM.

    ``(a) Bycatch Reduction Engineering <<NOTE: Deadline.>> 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

[[Page 121 STAT. 3606]]

            ``(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) <<NOTE: Effective date.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: 16 USC 1855 note.>> 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 <<NOTE: 16 USC 1891a.>> 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;

[[Page 121 STAT. 3607]]

            (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 <<NOTE: Hawaii. Territories. 16 USC 1866.>> 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) <<NOTE: Extension.>> 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;

[[Page 121 STAT. 3608]]

            (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

[[Page 121 STAT. 3609]]

                    ``(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) <<NOTE: Certification.>> 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. <<NOTE: Fees.>> 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 <<NOTE: Deadline. Alaska.>> 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) <<NOTE: Applicability.>> 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

[[Page 121 STAT. 3610]]

                          (iii) shall not exceed 1 million pounds per 
                      entity during any calendar year.
                    (B) The authority provided in paragraph (1)(B) 
                shall--
                          (i) <<NOTE: Applicability.>> 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

[[Page 121 STAT. 3611]]

        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) <<NOTE: Exemption.>> 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) <<NOTE: Deadline.>> 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

[[Page 121 STAT. 3612]]

                      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

[[Page 121 STAT. 3613]]

        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

[[Page 121 STAT. 3614]]

                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. <<NOTE: 16 USC 1867.>> 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 <<NOTE: Deadline. Regulations.>> 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

[[Page 121 STAT. 3615]]

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. <<NOTE: 16 USC 1868.>> 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. <<NOTE: 16 USC 1869.>> 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)).''.

[[Page 121 STAT. 3616]]

SEC. 208. <<NOTE: 16 USC 1891b.>> 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

[[Page 121 STAT. 3617]]

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) <<NOTE: Deadline.>> 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.''.

[[Page 121 STAT. 3618]]

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. <<NOTE: 16 USC 1884.>> 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) <<NOTE: Contracts.>> 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.

[[Page 121 STAT. 3619]]

    (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) <<NOTE: State listing.>> 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

[[Page 121 STAT. 3620]]

        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

[[Page 121 STAT. 3621]]

        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) <<NOTE: 16 USC 
1851 note.>> 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--

[[Page 121 STAT. 3622]]

            (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.

[[Page 121 STAT. 3623]]

            ``(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 <<NOTE: 16 USC 3645.>> (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:

[[Page 121 STAT. 3624]]

``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) <<NOTE: Proposal.>> 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:

[[Page 121 STAT. 3625]]

    ``(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. <<NOTE: 16 USC 757d.>> 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. <<NOTE: 16 USC 1829.>> 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,

[[Page 121 STAT. 3626]]

        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) <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 1826h.>> 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

[[Page 121 STAT. 3627]]

            ``(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. <<NOTE: 16 USC 1826i.>> 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,

[[Page 121 STAT. 3628]]

                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. <<NOTE: 16 USC 1826j.>> 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) <<NOTE: Deadline. Notification.>> 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. <<NOTE: Deadlines. Regulations.>> 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--

[[Page 121 STAT. 3629]]

                    ``(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) <<NOTE: Applicability.>> 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.-- <<NOTE: Deadline. Publication.>> 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--

[[Page 121 STAT. 3630]]

                    ``(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. <<NOTE: 16 USC 1826k.>> 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) <<NOTE: Notification.>> 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

[[Page 121 STAT. 3631]]

        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) <<NOTE: Deadlines.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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

[[Page 121 STAT. 3632]]

        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:

[[Page 121 STAT. 3633]]

            ``(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) <<NOTE: Applicability.>> 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--

[[Page 121 STAT. 3634]]

            ``(1) the Secretary, in cooperation with the Secretary of 
        State, immediately take appropriate action at the international 
        level to end the overfishing; and
            ``(2) <<NOTE: Deadline. Recommen- dations.>> 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. <<NOTE: 16 USC 1891c.>> 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. <<NOTE: 16 USC 1891d.>> 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.

[[Page 121 STAT. 3635]]

    (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 <<NOTE: Western and Central Pacific Fisheries Convention 
 Implementation Act.>> V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC 
FISHERIES CONVENTION

SEC. 501. <<NOTE: 16 USC 6901 note.>> SHORT TITLE.

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

SEC. 502. <<NOTE: 16 USC 6901.>> 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;

[[Page 121 STAT. 3636]]

                    (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. <<NOTE: 16 USC 6902.>> APPOINTMENT OF UNITED STATES 
            COMMISSIONERS.

    (a) In General.--The United States shall be represented on the 
Commission by 5 United States Commissioners. <<NOTE: President.>> 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

[[Page 121 STAT. 3637]]

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).

[[Page 121 STAT. 3638]]

                    (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. <<NOTE: Publication. Public 
                information.>> 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

[[Page 121 STAT. 3639]]

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. <<NOTE: 16 USC 6903.>> 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. <<NOTE: 16 USC 6904.>> 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.

[[Page 121 STAT. 3640]]

SEC. 506. <<NOTE: 16 USC 6905.>> 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.--

[[Page 121 STAT. 3641]]

            (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 <<NOTE: Regulations.>> 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. <<NOTE: 16 USC 6906.>> 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

[[Page 121 STAT. 3642]]

        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. <<NOTE: 16 USC 6907.>> 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--

[[Page 121 STAT. 3643]]

            (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. <<NOTE: 16 USC 6908.>> 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. <<NOTE: 16 USC 6909.>> EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

     <<NOTE: Hawaii. Territories.>> 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--

[[Page 121 STAT. 3644]]

            (1) <<NOTE: Notification.>> 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. <<NOTE: 16 USC 6910.>> 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 <<NOTE: Pacific Whiting Act of 2006.>> VI--PACIFIC WHITING

SEC. 601. <<NOTE: 16 USC 7001 note.>> SHORT TITLE.

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

SEC. 602. <<NOTE: 16 USC 7001.>> 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.

[[Page 121 STAT. 3645]]

SEC. 603. <<NOTE: 16 USC 7002.>> 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. <<NOTE: 16 USC 7003.>> 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

[[Page 121 STAT. 3646]]

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. <<NOTE: 16 USC 7004.>> 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. <<NOTE: 16 USC 7005.>> 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. <<NOTE: 16 USC 7006.>> 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--

[[Page 121 STAT. 3647]]

            (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. <<NOTE: 16 USC 7007.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: 16 USC 7008.>> 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;

[[Page 121 STAT. 3648]]

            (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. <<NOTE: 16 USC 7009.>> 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

[[Page 121 STAT. 3649]]

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. <<NOTE: 16 USC 7010.>> 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 <<NOTE: Washington. Native 
            Americans.>> 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

[[Page 121 STAT. 3650]]

                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.

[[Page 121 STAT. 3651]]

                    (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) <<NOTE: Effective date.>> 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,

[[Page 121 STAT. 3652]]

        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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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

[[Page 121 STAT. 3653]]

        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 <<NOTE: Tsunami Warning and Education Act.>> VIII--TSUNAMI WARNING 
AND EDUCATION

SEC. 801. <<NOTE: 33 USC 3201 note.>> SHORT TITLE.

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

SEC. 802. <<NOTE: 33 USC 3201.>> 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. <<NOTE: 33 USC 3202.>> 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;

[[Page 121 STAT. 3654]]

            (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. <<NOTE: 33 USC 3203.>> 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.

[[Page 121 STAT. 3655]]

    (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) <<NOTE: Establishment.>> 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

[[Page 121 STAT. 3656]]

                    (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) <<NOTE: Deadline.>> 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.

[[Page 121 STAT. 3657]]

    (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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: 33 USC 3204.>> 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) <<NOTE: Establishment.>> 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--

[[Page 121 STAT. 3658]]

            (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. <<NOTE: 33 USC 3205.>> 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;

[[Page 121 STAT. 3659]]

            (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. <<NOTE: 33 USC 3206.>> 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.

[[Page 121 STAT. 3660]]

SEC. 808. <<NOTE: 33 USC 3207.>> 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 <<NOTE: United States-Russia Polar Bear Conservation and 
Management Act of 2006.>> IX--POLAR BEARS

SEC. 901. <<NOTE: 16 USC 1361 note.>> 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. <<NOTE: 16 USC 1423.>> DEFINITIONS.

    ``In this title:

[[Page 121 STAT. 3661]]

            ``(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. <<NOTE: 16 USC 1423a.>> 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.

[[Page 121 STAT. 3662]]

``SEC. 503. <<NOTE: 16 USC 1423b.>> 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. <<NOTE: 16 USC 1423c.>> 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

[[Page 121 STAT. 3663]]

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. <<NOTE: 16 USC 1423d.>> COMMISSION APPOINTMENTS; 
            COMPENSATION, TRAVEL EXPENSES, AND CLAIMS.

    ``(a) Appointment of United States Commissioners.--
            ``(1) <<NOTE: President.>> 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) <<NOTE: Native Alaskans.>> 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--

[[Page 121 STAT. 3664]]

                    ``(A) <<NOTE: President.>> 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. <<NOTE: 16 USC 1423e.>> 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. <<NOTE: 16 USC 1423f.>> 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) <<NOTE: Deadline. Notice. Federal Register, 
publication.>> 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. <<NOTE: 16 USC 1423g.>> 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.

[[Page 121 STAT. 3665]]

``SEC. 509. <<NOTE: 16 USC 1423h.>> 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''.

    Approved January 12, 2007.

LEGISLATIVE HISTORY--H.R. 5946 (S. 2012):
---------------------------------------------------------------------------

SENATE REPORTS: No. 109-229 accompanying S. 2012 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 27, considered and passed House.
            Dec. 7, considered and passed Senate, amended.
            Dec. 8, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
            Jan. 12, Presidential statement.

                                  <all>