S.2012 - Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006109th Congress (2005-2006)
Bill
Hide Overview| Sponsor: | Sen. Stevens, Ted [R-AK] (Introduced 11/15/2005) |
|---|---|
| Committees: | Senate - Commerce, Science, and Transportation |
| Committee Reports: | S. Rept. 109-229 |
| Latest Action: | Senate - 06/19/2006 Message on Senate action sent to the House. (All Actions) |
| Notes: | For further action, see H.R.5946, which became Public Law 109-479 on 1/12/2007. |
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Engrossed in Senate (06/19/2006)
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 2012
_______________________________________________________________________
AN ACT
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2006 through 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Magnuson-Stevens
Fishery Conservation and Management 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 Ppacific 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 community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and
recovery program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal
habitats.
Sec. 119. Prohibited acts.
Sec. 120. Enforcement.
Title II--Information and Research
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund
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 shrimp and oyster fisheries and
habitats.
Sec. 214. Northwest Pacific fisheries conservation.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
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.
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 (6) the following:
``(6A) The term `confidential information' means--
``(A) trade secrets; or
``(B) commercial or financial information the
disclosure of which is likely to result in substantial
harm to the competitive position of the person who
submitted the information to the Secretary.'';
(2) by inserting after paragraph (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.'';
(3) 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.'';
(4) 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
(5) by inserting after paragraph (27) the following:
``(27A) The term `observer information' means any
information collected, observed, retrieved, or created by an
observer or electronic monitoring system pursuant to
authorization by the Secretary, or collected as part of a
cooperative research initiative, including fish harvest or
processing observations, fish sampling or weighing data, vessel
logbook data, vessel or processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''.
(c) Redesignation.--Paragraphs (1) through (45) of section 3 (16
U.S.C. 1802), as amended by subsection (a), are redesignated as
paragraphs (1) thorough (51), respectively.
(d) Conforming Amendments.--
(1) The following provisions of the Act are amended by
striking ``an individual fishing quota'' and inserting ``a
limited access privilege'':
(A) Section 402(b)(1)(D) (16 U.S.C.
1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.
1883(a)(1)(D); (c)(1)).
(2) The following provisions of the Act are amended by
striking ``individual fishing quota'' and inserting ``limited
access privilege'':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C.
1854(d)(2)(A)(i)).
(C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual fishing quotas,'' and inserting ``limited
access privileges,''.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Traditional Participation.--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,'';
(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 harvest capacity.''
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
(1) by inserting ``and any funds or contributions received
in support of conservation and management objectives under a
marine conservation plan'' after ``agreement'' in paragraph
(7); and
(2) by inserting after ``paragraph (4).'' in paragraph (8)
the following: ``In the case of violations by foreign vessels
occurring within the exclusive economic zones off Midway Atoll,
Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland,
Baker, and Wake Islands, amounts received by the Secretary
attributable to fines and penalties imposed under this Act,
shall be deposited into the Western Pacific Sustainable
Fisheries Fund established under paragraph (7) of this
subsection.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the provisions of this Act--
``(1) $328,004,000 for fiscal year 2006;
``(2) $337,844,000 for fiscal year 2007;
``(3) $347,684,000 for fiscal year 2008;
``(4) $357,524,000 for fiscal year 2009;
``(5) $367,364,000 for fiscal year 2010;
``(6) $377,204,000 for fiscal year 2011; and
``(7) $387,044,000 for fiscal year 2012.''.
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 economic and social
impacts, of the conservation and management measures on, and possible
mitigation measures for--''.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by
inserting ``and of commonwealths, territories, and possessions of the
United States in the Caribbean Sea'' after ``seaward of such States''.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the
following:
``(D) The tribal representative appointed under subparagraph (A)
may designate as an alternate, during the period of the
representative's term, an individual knowledgeable concerning tribal
rights, tribal law, and the fishery resources of the geographical area
concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes
paragraph (2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) Each Council shall establish, maintain, and
appoint the members of a scientific and statistical committee
to assist it in the development, collection, evaluation, and
peer review of such statistical, biological, economic, social,
and other scientific information as is relevant to such
Council's development and amendment of any fishery management
plan.
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch or maximum sustainable yield, and reports on
stock status and health, bycatch, habitat status, socio-
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 with strong
scientific or technical credentials and experience.
``(D) 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).
``(E) In addition to the provisions of section 302(f)(7),
the Secretary may 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.'';
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop annual catch limits for each of its managed
fisheries after considering the recommendations of its
scientific and statistical committee or the peer review process
established under subsection (g); and''.
(d) Regular and Emergency Meetings.--Section 302(i)(2)(C) (16
U.S.C. 1852(i)(2)(C)) is amended by striking ``published in local
newspapers in the major fishing ports of the region (and in other major
fishing ports having a direct interest in the affected fishery) and
such notice may be given by such other means as will result in wide
publicity.'' and inserting ``provided by any means that will result in
wide publicity in the major fishing ports of the region (and in other
major fishing ports having a direct interest in the affected fishery),
except that e-mail notification and website postings alone are not
sufficient.''.
(e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local newspapers in the
major fishing ports within its region (and in other major, affected
fishing ports,'' and inserting ``provide notice by any means that will
result in wide publicity in the major fishing ports of the region (and
in other major fishing ports having a direct interest in the affected
fishery),''.
(f) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at
the end the following:
``(k) Council Training Program.--
``(1) Training course.--Within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary, in
consultation with the Councils and the National Sea Grant
College Program, shall develop a training course for newly
appointed Council members. The course may cover a variety of
topics relevant to matters before the Councils, including--
``(A) fishery science and basic stock assessment
methods;
``(B) fishery management techniques, data needs,
and Council procedures;
``(C) social science and fishery economics;
``(D) tribal treaty rights and native customs,
access, and other rights related to Western Pacific
indigenous communities;
``(E) legal requirements of this Act, including
conflict of interest and disclosure provisions of this
section and related policies;
``(F) other relevant legal and regulatory
requirements, including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.);
``(G) public process for development of fishery
management plans; and
``(H) other topics suggested by the Council.
``(2) Member training.--The training course shall be
available to both new and existing Council members, and may be
made available to committee or advisory panel members as
resources allow.
``(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.''.
(g) 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 (1),'' in paragraph (3)(A) after
``Council,''; and
(4) by inserting ``other committees,'' in paragraph (3)(A)
after ``committee,''.
(h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is
amended--
(1) by inserting ``lobbying, advocacy,'' after
``processing,'' in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to an individual or
organization with a financial interest in such activity.'';
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
``(B) be kept on file by the Council and made available on
the Internet and for public inspection at the Council offices
during reasonable hours; and''; and
(4) by adding at the end the following:
``(9) On January 1, 2008, and annually thereafter, the Secretary
shall submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Resources
on action taken by the Secretary and the Councils to implement the
disclosure of financial interest and recusal requirements of this
subsection.''.
(i) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2)
(16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Secretary shall appoint to the Gulf of Mexico
Fisheries Management Council--
``(I) 5 representatives of the commercial fishing sector;
``(II) 5 representatives of the recreational fishing or
charter fishing sectors; and
``(III) 1 other individual who is knowledgeable regarding
the conservation and management of fisheries resources in the
jurisdiction of the Council.
``(ii) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the Gulf of
Mexico Fisheries Management Council under subparagraph (C) shall
include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
``(iii) Notwithstanding the requirements of 302(b)(2)(C), if the
Secretary determines that the list of names submitted by the Governor
does not meet the requirements of clause (ii), the Secretary shall--
``(I) publish a notice in the Federal Register asking the
residents of that State to submit the names and pertinent
biographical data of individuals who would meet the requirement
not met for appointment to the Council; and
``(II) add the name of any qualified individual submitted
by the public who meets the unmet requirement to the list of
names submitted by the Governor.
``(iv) For purposes of clause (ii), an individual who owns or
operates a fish farm outside of the Unites States shall not be
considered to be a representative of the commercial fishing sector.
``(v) The requirements of subparagraph (D) shall expire at the end
of fiscal year 2012.''.
(j) Report and Recommendations on Gulf Council Amendment.--
(1) In general.--Before August, 2011, the Secretary of
Commerce, in consultation with the Gulf of Mexico Fisheries
Management Council, shall analyze the impact of the amendment
made by subsection (i) and determine whether section
302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair
and balanced apportionment of the active participants in the
commercial and recreational fisheries under the jurisdiction of
the Council.
(2) Report.--By no later than August, 2011, the Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources setting forth the Secretary's findings
and determination, including any recommendations for
legislative or other changes that may be necessary to achieve
such a fair and balanced apportionment, including whether to
renew the authority.
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) striking ``and charter fishing'' in paragraph (5) and
inserting ``charter fishing, and fish processing'';
(2) by inserting ``economic information necessary to meet
the requirements of this Act,'' in paragraph (5) after ``number
of hauls,'';
(3) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including its economic
impact,'';
(4) by striking ``and'' after the semicolon in paragraph
(13);
(5) by striking ``allocate'' in paragraph (14) and
inserting ``allocate, taking into consideration the economic
impact of the harvest restrictions or recovery benefits on the
fishery participants in each sector,'';
(6) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery;''; and
(7) by adding at the end the following:
``(15) establish a mechanism for specifying annual catch
limits in the plan (including a multiyear plan), implementing
regulations, or annual specifications, at a level such that
optimum yield is not exceeded in the fishery; and
``(16) establish a mechanism under which harvests exceeding
the specified annual catch limit (including the specified
annual catch limit for a sector) shall be deducted in the
following fishing year, or the next action in a multiyear
specification that establishes or adjusts annual catch limits
(including those specified for that sector), and which may use
the type of adjustment measures already relied on in the plan,
unless sufficient information on the harvest level cannot be
obtained in that timeframe, but the deduction shall occur not
later than 3 fishing years after the close of the fishing year
in which the overage occurs.''.
(b) Effective Dates; Application to Certain Species.--The amendment
made by subsection (a)(7)--
(1) shall 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.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
(2) by inserting after paragraph (2) the following:
``(B) designate such zones in areas where deep sea corals
are identified under section 408, to protect deep sea corals
from physical damage from fishing gear or to prevent loss or
damage to such fishing gear from interactions with deep sea
corals, after considering long-term sustainable uses of fishery
resources in such areas; and
``(C) with respect to any closure of an area under this Act
that prohibits all fishing, ensure that such closure--
``(i) is based on the best scientific information
available;
``(ii) includes criteria to assess the conservation
benefit of the closed area;
``(iii) establishes a timetable for review of the
closed area's performance that is consistent with the
purposes of the closed area; and
``(iv) is based on an assessment of the benefits
and impacts of the closure, including its size, in
relation to other management measures (either alone or
in combination with such measures), including the
benefits and impacts of limiting access to: users of
the area, overall fishing activity, fishery science,
and fishery and marine conservation;'';
(3) by striking ``fishery;'' in paragraph (5) and inserting
``fishery and take into account the different circumstances
affecting fisheries from different States and ports, including
distances to fishing grounds and proximity to time and area
closures;'';
(4) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) present participation in the fishery;
``(B) historical fishing practices in, and
dependence on, the fishery;
``(C) the economics of the fishery;
``(D) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(E) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(F) the fair and equitable distribution of access
privileges in the fishery; and
``(G) any other relevant considerations;'';
(5) by striking ``(other than economic data)'' in paragraph
(7);
(6) by striking ``and'' after the semicolon in paragraph
(11); and
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) establish a process for complying with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to
section 304(h) of this Act;
``(13) include management measures in the plan to conserve
target and non-target species and habitats, considering the
variety of ecological factors affecting fishery populations;
and''.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of
2006, a Council may submit, and the Secretary may approve, for a
fishery that is managed under a limited access system, a limited access
privilege program to harvest fish if the program meets the requirements
of this section.
``(b) No Creation of Right, Title, or Interest.--Limited access
privilege, quota share, or other limited access system authorization
established, implemented, or managed under this Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation for failure to
comply with the terms of the plan or if the system is found to
have jeopardized the sustainability of the stock or the safety
of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or other
such limited access system authorization if it is revoked,
limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish is
harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to engage
in activities permitted by such limited access privilege or
quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--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; and
``(B) if established in a fishery that is
determined by the Secretary or the Council to have
over-capacity, contribute to reducing capacity;
``(C) promote--
``(i) fishing safety; and
``(ii) fishery conservation and management;
``(D) prohibit any person other than a United
States citizen, a corporation, partnership, or other
entity established under the laws of the United States
or any State, or a permanent resident alien, that meets
the eligibility and participation requirements
established in the program from acquiring a privilege
to harvest fish, including any person that acquires a
limited access privilege solely for the purpose of
perfecting or realizing on a security interest in such
privilege;
``(E) require that all fish harvested under a
limited access privilege program be processed on
vessels of the United States or on United States soil
(including any territory of the United States);
``(F) specify the goals of the program;
``(G) include provisions for the regular monitoring
and review by the Council and the Secretary of the
operations of the program, including determining
progress in meeting the goals of the program and this
Act, and any necessary modification of the program to
meet those goals, with a formal and detailed review 5
years after the establishment of the program and every
5 years thereafter;
``(H) include an effective system for enforcement,
monitoring, and management of the program, including
the use of observers 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 the Department of
Justice and the Federal Trade Commission, for an
information collection and review process to provide
any additional information needed by the Department of
Justice and the Federal Trade Commission to determine
whether any illegal acts of anti-competition, anti-
trust, price collusion, or price fixing have occurred
among regional fishery associations or persons
receiving limited access privileges under the program;
and
``(K) provide for the revocation by the Secretary
of limited access privileges held by any person found
to have violated the antitrust laws of the United
States.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(E) if the Secretary determines that--
``(A) the fishery has historically processed the
fish outside of the United States; and
``(B) the United States has a seafood safety
equivalency agreement with the country where processing
will occur.
``(3) Fishing communities.--
``(A) In general.--
``(i) Eligibility.--To be eligible to
participate in a limited access privilege
program to harvest fish, a fishing community
shall--
``(I) be located within the
management area of the relevant
Council;
``(II) meet criteria developed by
the relevant Council, approved by the
Secretary, and published in the Federal
Register;
``(III) consist of residents who
conduct commercial or recreational
fishing, processing, or fishery-
dependent support businesses within the
Council's management area; and
``(IV) develop and submit a
community sustainability plan to the
Council and the Secretary that
demonstrates how the plan will address
the social and economic development
needs of fishing communities, including
those that have not historically had
the resources to participate in the
fishery, for approval based on criteria
developed by the Council that have been
approved by the Secretary and published
in the Federal Register.
``(ii) Failure to comply with plan.--The
Secretary shall deny limited access privileges
granted under this section for any person who
fails to comply with the requirements of the
community sustainability plan.
``(B) Participation criteria.--In developing
participation criteria for eligible communities under
this paragraph, a Council shall consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of
projected economic and social impacts
associated with implementation of limited
access privilege programs on harvesters,
captains, crew, processors, and other
businesses substantially dependent upon the
fishery in the region or subregion;
``(v) the expected effectiveness,
operational transparency, and equitability of
the community sustainability plan; and
``(vi) the potential for improving economic
conditions in remote coastal communities
lacking resources to participate in harvesting
or processing activities in the fishery.
``(4) Regional fishery associations.--
``(A) In general.--To be eligible to participate in
a limited access privilege program to harvest fish, a
regional fishery association shall--
``(i) be located within the management area
of the relevant Council;
``(ii) meet criteria developed by the
relevant Council, approved by the Secretary,
and published in the Federal Register;
``(iii) be a voluntary association with
established by-laws and operating procedures;
``(iv) consist of participants in the
fishery who hold quota share that are
designated for use in the specific region or
subregion covered by the regional fishery
association, including commercial or
recreational fishing, processing, fishery-
dependent support businesses, or fishing
communities;
``(v) not be eligible to receive an initial
allocation of a limited access privilege but
may acquire such privileges after the initial
allocation, and may hold the annual fishing
privileges of any limited access privileges it
holds or the annual fishing privileges that is
members contribute; and
``(vi) develop and submit a regional
fishery association plan to the Council and the
Secretary for approval based on criteria
developed by the Council that have been
approved by the Secretary and published in the
Federal Register.
``(B) Failure to comply with plan.--The Secretary
shall deny limited access privileges granted under this
section to any person participating in a regional
fishery association who fails to comply with the
requirements of the regional fishery association plan.
``(C) Participation Criteria.--In developing
participation criteria for eligible regional fishery
associations under this paragraph, a Council shall
consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of
projected economic and social impacts
associated with implementation of limited
access privilege programs on harvesters,
captains, crew, processors, and other
businesses substantially dependent upon the
fishery in the region or subregion;
``(v) the administrative and fiduciary
soundness of the association; and
``(vi) the expected effectiveness,
operational transparency, and equitability of
the fishery association plan.
``(5) Allocation.--In developing a limited access privilege
program to harvest fish a Council or the Secretary shall--
``(A) establish procedures to ensure fair and
equitable initial allocations, including consideration
of--
``(i) current and historical harvests;
``(ii) employment in the harvesting and
processing sectors;
``(iii) investments in, and dependence
upon, the fishery; and
``(iv) the current and historical
participation of fishing communities;
``(B) to the extent practicable, consider the basic
cultural and social framework of the fishery,
especially through--
``(i) the development of policies to
promote the sustained participation of small
owner-operated fishing vessels and fishing
communities that depend on the fisheries,
including regional or port-specific landing or
delivery requirements; and
``(ii) procedures to address concerns over
excessive geographic or other consolidation in
the harvesting or processing sectors of the
fishery;
``(C) include measures to assist, when necessary
and appropriate, entry-level and small vessel owner-
operators, captains, crew, and fishing communities
through set-asides of harvesting allocations, including
providing privileges, which may include set-asides or
allocations of harvesting privileges, or economic
assistance in the purchase of limited access
privileges;
``(D) ensure that limited access privilege holders
do not acquire an excessive share of the total limited
access privileges in the program by--
``(i) establishing a maximum share,
expressed as a percentage of the total limited
access privileges, that a limited access
privilege holder is permitted to hold, acquire,
or use; and
``(ii) establishing any other limitations
or measures necessary to prevent an inequitable
concentration of limited access privileges; and
``(E) authorize limited access privileges to
harvest fish to be held, acquired, used by, or issued
under the system to persons who substantially
participate in the fishery, including in a specific
sector of such fishery, as specified by the Council.
``(6) Program initiation.--
``(A) Limitation.--Except as provided in
subparagraph (D), a Council may initiate a fishery
management plan or amendment to establish a limited
access privilege program to harvest fish on its own
initiative or if the Secretary has certified an
appropriate petition.
``(B) Petition.--A group of fishermen constituting
more than 50 percent of the permit holders, or holding
more than 50 percent of the allocation, in the fishery
for which a limited access privilege program to harvest
fish is sought, may submit a petition to the Secretary
requesting that the relevant Council or Councils with
authority over the fishery be authorized to initiate
the development of the program. Any such petition shall
clearly state the fishery to which the limited access
privilege program would apply. For multispecies permits
in the Gulf, only those participants who have
substantially fished the species proposed to be
included in the limited access program shall be
eligible to sign a petition for such a program and
shall serve as the basis for determining the percentage
described in the first sentence of this subparagraph.
``(C) Certification by secretary.--Upon the receipt
of any such petition, the Secretary shall review all of
the signatures on the petition and, if the Secretary
determines that the signatures on the petition
represent more than 50 percent of the permit holders,
or holders of more than 50 percent of the allocation in
the fishery, as described by subparagraph (B), the
Secretary shall certify the petition to the appropriate
Council or Councils.
``(D) New england and gulf referendum.--
``(i) Except as provided in clause (iii)
for the Gulf of Mexico commercial red snapper
fishery, the New England and Gulf Councils may
not submit, and the Secretary may not approve
or implement, a fishery management plan or
amendment that creates an individual fishing
quota program, including a Secretarial plan,
unless such a system, as ultimately developed,
has been approved by more than \2/3\ of those
voting in a referendum among eligible permit
holders with respect to the New England
Council, and by a majority of those voting in
the referendum among eligible permit holders
with respect to the Gulf Council. For
multispecies permits in the Gulf, only those
participants who have substantially fished the
species proposed to be included in the
individual fishing quota program shall be
eligible to vote in such a referendum. If an
individual fishing quota program fails to be
approved by the requisite number of those
voting, it may be revised and submitted for
approval in a subsequent referendum.
``(ii) The Secretary shall conduct a
referendum under this subparagraph, including
notifying all persons eligible to participate
in the referendum and making available to them
information concerning the schedule,
procedures, and eligibility requirements for
the referendum process and the proposed
individual fishing quota program. Within 1 year
after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary
shall publish guidelines and procedures to
determine procedures and voting eligibility
requirements for referenda and to conduct such
referenda in a fair and equitable manner.
``(iii) The provisions of section 407(c) of
this Act shall apply in lieu of this
subparagraph for an individual fishing quota
program for the Gulf of Mexico commercial red
snapper fishery.
``(iv) Chapter 35 of title 44, United
States Code, (commonly known as the Paperwork
Reduction Act) does not apply to the referenda
conducted under this subparagraph.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) establish a policy on 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 criteria for the approval and
monitoring of transfers (including sales and leases) of
limited access privileges.
``(8) Preparation and implementation of Secretarial
Plans.--This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(c) or 304(g).
``(9) Antitrust savings clause.--Nothing in this Act shall
be construed to modify, impair, or supersede the operation of
any of the antitrust laws. For purposes of the preceding
sentence, the term `antitrust laws' has the meaning given such
term in subsection (a) of the first section of the Clayton Act,
except that such term includes section 5 of the Federal Trade
Commission Act to the extent that such section 5 applies to
unfair methods of competition.
``(d) Auction and Other Programs.--In establishing a limited access
privilege program, a Council may consider, and provide for, if
appropriate, an auction system or other program to collect royalties
for the initial, or any subsequent, distribution of allocations in a
limited access privilege program if--
``(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege
shares meets the program requirements of 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) Limited Duration.--In establishing a limited access privilege
program after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, a Council may
establish--
``(1) a set term after which any initial or subsequent
allocation of a limited access privilege shall expire;
``(2) different set terms within a fishery if the Council
determines that variation of terms will further management
goals; and
``(3) a mechanism under which participants in and entrants
to the program may acquire or reacquire allocations.
``(g) Limited Access Privilege Assisted Purchase Program.--
``(1) In general.--A Council may submit, and the Secretary
may approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue
obligations that aid in financing--
``(A) the purchase of limited access privileges in
that fishery by fishermen who fish from small vessels;
and
``(B) the first-time purchase of limited access
privileges in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--Nothing in
this Act, or the amendments made by the Magnuson-Stevens Fishery
Conservation and Management 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 Rule.--The requirements of this section shall not
apply to any quota program, including any individual quota program,
cooperative program, or sector allocation placed on a Council agenda
for final action, submitted by a Council to the Secretary, or approved
by the Secretary or by Congressional action, within 60 days after the
date of enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, except that--
``(1) 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;
``(2) the program shall be subject to review under
subsection (c)(1)(G) of this section not later than 5 years
after the program approval; and
``(3) nothing in this subsection precludes a Council from
incorporating criteria contained in this section into any such
plans.''.
(b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is
amended by striking ``management and enforcement'' and inserting
``management, data collection, and enforcement''.
(c) Investment in United States Seafood Processing Facilities.--The
Secretary of Commerce shall work with the Small Business Administration
and other Federal agencies to develop financial and other mechanisms to
encourage United States investment in seafood processing facilities in
the United States for fisheries that lack capacity needed to process
fish harvested by United States vessels in compliance with the
Magnuson--Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C.
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and
all that follows and inserting ``section 305(h)(5)(B).''.
(e) Application With American Fisheries Act.--Nothing in section
303A of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), as added by subsection (a), shall be
construed to modify or supersede any provision of the American
Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation
with the Councils and the Council on Environmental Quality,
revise and update agency procedures for compliance with the
National Environmental Policy Act (42 U.S.C. 4231 et seq.). The
procedures shall--
``(A) conform to the time lines for review and
approval of fishery management plans and plan
amendments under this section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input,
with the procedure for the preparation and
dissemination of fishery management plans, plan
amendments, and other actions taken or approved
pursuant to this Act in order to provide for timely,
clear and concise analysis that is useful to decision
makers and the public, reduce extraneous paperwork, and
effectively involve the public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to
this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) propose revised procedures within 12 months
after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act
of 2006;
``(B) provide 90 days for public review and
comments; and
``(C) promulgate final procedures no later than 18
months after the date of enactment of that Act.
``(4) Public participation.--The Secretary is authorized
and directed, in cooperation with the Council on Environmental
Quality and the Councils, to involve the affected public in the
development of revised procedures, including workshops or other
appropriate means of public involvement.''.
SEC. 108. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B)
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' the
second time it appears and inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after
``emergency regulations''.
SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the end
thereof the following:
``(j) Western 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 to foster understanding,
practical use of knowledge (including native Hawaiian 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
Regional Fishery Management Council, regional educational
institutions, and local Western 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 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
and the Western 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
and Central Pacific;
``(E) develop means by which local and traditional
knowledge (including Pacific islander and Native
Hawaiian knowledge) can enhance science-based
management of fishery resources of the region; and
``(F) develop partnerships with other Western
Pacific Island agencies, academic institutions, and
other entities to meet the purposes of this section.''.
SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
(1) by striking ``To'' in subparagraph (B) and inserting
``Except as provided in subparagraph (E), to''; and
(2) by adding at the end the following:
``(E) A community shall be eligible to participate
in the western Alaska community development quota
program under subparagraph (A) if the community was--
``(i) listed in table 7 to part 679 of
title 50, Code of Federal Regulations, as in
effect on January 1, 2004; or
``(ii) approved by the National Marine
Fisheries Service on April 19, 1999.''.
SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109, is further
amended by adding at the end thereof the following:
``(k) Multispecies Groundfish.--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 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. 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. 112. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for
enforcement purposes any data or information
required to be provided under this title or
regulations under this title, including data
from Global Maritime Distress and Safety
Systems, vessel monitoring systems, or any
similar system, subject to the confidentiality
provisions of section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers with
marine law enforcement responsibilities to perform duties of
the Secretary relating to law enforcement provisions under this
title or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may enter into a
joint enforcement agreement with the requesting State.
``(2) Eligible state.--A State is eligible to participate
in the cooperative enforcement agreements under this section if
it is in, or bordering on, the Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and
intent of this section to the extent applicable to the
regulated activities;
``(B) may include specifications for joint
management responsibilities as provided by the first
section of Public Law 91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall be
fairly distributed among all eligible States participating in
cooperative enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs, the
specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State to
undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to be
withheld by the Secretary for the cost of any technical or
other assistance provided to the State by the Secretary under
the agreement.
``(i) Improved Data Sharing.--
``(1) In general.--Notwithstanding any other provision of
this Act, as soon as practicable but no later than 21 months
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary shall implement data-sharing measures to make any
data required to be provided by this Act from Global Maritime
Distress and Safety Systems, vessel monitoring systems, or
similar systems--
``(A) directly accessible by State enforcement
officers authorized under subsection (a) of this
section; and
``(B) available to a State management agency
involved in, or affected by, management of a fishery if
the State has entered into an agreement with the
Secretary under section 402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section 402(b)(1)(B)
of this Act if--
``(A) the Attorney General or highest ranking legal
officer of the State provides a written opinion or
certification that State law allows the State to
maintain the confidentiality of information required by
Federal law to be kept confidential; or
``(B) the Secretary is provided other reasonable
assurance that the State can and will protect the
identity or business of any person to which such
information relates.''.
(b) Report on Using GMDSS for Fishery Purposes.--Within 15 months
after the date of enactment of this Act, the National Marine Fisheries
Service and the United States Coast Guard shall transmit a joint report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Resources containing--
(1) a cost-to-benefit analysis of the feasibility, value,
and cost of using the Global Maritime Distress and Safety
Systems, vessel monitoring systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal government bearing the capital costs
of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether the Global Maritime Distress
and Safety Systems or similar requirements would overlap
existing requirements or render them redundant;
(4) an examination of how data integration from such
systems could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these
opportunities, including the provision of direct access to the
Global Maritime Distress and Safety Systems or similar system
data to State enforcement officers, while considering the need
to maintain or provide an appropriate level of individual
vessel confidentiality where practicable; and
(6) an assessment of how the Global Maritime Distress and
Safety Systems or similar systems could be developed,
purchased, and distributed to regulated vessels.
SEC. 113. 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 ``2006 through 2012.'';
(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 and such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions (including loss of the vessel's fisheries
endorsement) that permanently prohibit and effectively prevent
its use in fishing in federal or state waters, or fishing on
the high seas or in the waters of a foreign nation; or'';
(7) by striking ``The Secretary shall consult, as
appropriate, with Councils,'' in subsection (b)(4) and
inserting ``The harvester proponents of each program and the
Secretary shall consult, as appropriate and practicable, with
Councils,'';
(8) by striking ``Secretary, at the request of the
appropriate Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(9) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
(10) 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.'';
(11) 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
(12) striking subsection (e) and inserting the following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose
and adopt framework regulations applicable to the
implementation of all programs under this section.
``(2) Program regulations.--The Secretary shall implement
each program under this section by promulgating regulations
that, together with the framework regulations, establish each
program and control its implementation.
``(3) Harvester proponents' implementation plan.--The
Secretary may not propose implementation regulations for a
program to be paid for by an industry fee system until the
harvester proponents of the program provide to the Secretary a
proposed implementation plan that, among other matters--
``(A) proposes the types and numbers of vessels or
permits that are eligible to participate in the program
and the manner in which the program shall proceed,
taking into account--
``(i) the requirements of this section;
``(ii) the requirements of the framework
regulations;
``(iii) the characteristics of the fishery;
``(iv) the requirements of the applicable
fishery management plan and any amendment that
such plan may require to support the proposed
program;
``(v) the general needs and desires of
harvesters in the fishery;
``(vi) the need to minimize program costs;
and
``(vii) other matters, including the manner
in which such proponents propose to fund the
program to ensure its cost effectiveness, as
well as any relevant factors demonstrating the
potential for, or necessary to obtain, the
support and general cooperation of a
substantial number of affected harvesters in
the fishery (or portion of the fishery) for
which the program is intended; and
``(B) proposes procedures for program participation
(such as submission of owner bids under an auction
system or fair market-value assessment), including any
terms and conditions for participation, that the
harvester proponents deem to be reasonably necessary to
meet the program's proposed objectives.
``(4) Participation contracts.--The Secretary shall
contract with each person participating in a program, and each
such contract shall, in addition to including such other
matters as the Secretary deems necessary and appropriate to
effectively implement each program (including penalties for
contract non-performance) be consistent with the framework and
implementing regulations and all other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a reduction auction that scores
the reduction price of each bid offer by the data relevant to
each bidder under an appropriate fisheries productivity factor.
If the Secretary accepts bids, the Secretary shall accept
responsive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest percentage of
the productivity factor, and successively accepting each
additional responsive bid in rank order until either there are
no more responsive bids or acceptance of the next bid would
cause the total value of bids accepted to exceed the amount of
funds available for the program.
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms and
conditions for participation consistent with the framework and
implementing regulations. Each bid that the Secretary receives
in response to the invitation to bid shall constitute an
irrevocable offer from the bidder.''.
(b) Technical Amendment.--Sections 116, 203, 204, 205, and 206 of
the Sustainable Fisheries Act are deemed to have added sections 312,
402, 403, 404, and 405, respectively to the Act as of the date of
enactment of the Sustainable Fisheries Act.
SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND
RECOVERY PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND
RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional fishery
disaster the Secretary may, upon the request of, and in consultation
with, the Governors of affected States, establish a regional economic
transition program to provide immediate disaster relief assistance to
the fishermen, charter fishing operators, United States fish
processors, and owners of related fishery infrastructure affected by
the disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other
economic assistance to affected entities, or to governmental
entities for disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities,
cold storage facilities, ice houses, docks, including
temporary docks and storage facilities, and other
related shoreside fishery support facilities and
infrastructure;
``(B) financial assistance and job training
assistance for fishermen who wish to remain in a
fishery in the region that may be temporarily closed as
a result of environmental or other effects associated
with the disaster;
``(C) funding, pursuant to the requirements of
section 312(b), to fishermen who are willing to scrap a
fishing vessel and permanently surrender permits for
fisheries named on that vessel; and
``(D) any other activities authorized under section
312(a) of this Act or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job
training assistance.
``(3) State participation obligation.--The participation by
a State in the program shall be conditioned upon a commitment
by the appropriate State entity to ensure that the relevant
State fishery meets the requirements of section 312(b) of this
Act to ensure excess capacity does not re-enter the fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section 308
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107), and any other provision of law under which the Federal
share of the cost of any activity is limited to less than 100
percent if the Secretary determines that--
``(A) no reasonable means are available through
which applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition
of the matching requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3))
shall not apply to assistance under this section.
``(c) Regional Impact Evaluation.--Within 2 months after a
catastrophic regional fishery disaster the Secretary shall provide the
Governor of each State participating in the program a comprehensive
economic and socio-economic evaluation of the affected region's
fisheries to assist the Governor in assessing the current and future
economic viability of affected fisheries, including the economic impact
of foreign fish imports and the direct, indirect, or environmental
impact of the disaster on the fishery and coastal communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In this
section the term `catastrophic regional fishery disaster' means a
natural disaster, including a hurricane or tsunami, or a regulatory
closure (including regulatory closures resulting from judicial action)
to protect human health or the marine environment, that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this Act or a fishery
resource disaster or section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
(b) Salmon Plan and Study.--
(1) Recovery plan.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Commerce shall
complete a recovery plan for Klamath River Coho salmon and make
it available to the public.
(2) Annual report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary of Commerce shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Resources on--
(A) the actions taken under the recovery plan and
other law relating to recovery of Klamath River Coho
salmon, and how those actions are specifically
contributing to its recovery;
(B) the progress made on the restoration of salmon
spawning habitat, including water conditions as they
relate to salmon health and recovery, with emphasis on
the Klamath River and its tributaries below Iron Gate
Dam;
(C) the status of other Klamath River anadromous
fish populations, particularly Chinook salmon; and
(D) the actions taken by the Secretary to address
the calendar year 2003 National Research Council
recommendations regarding monitoring and research on
Klamath River Basin salmon stocks.
(c) Oregon and California Salmon Fishery.--Federally recognized
Indian tribes and small businesses, including fishermen, fish
processors, and related businesses serving the fishing industry,
adversely affected by Federal closures and fishing restrictions in the
Oregon and California 2006 fall Chinook salmon fishery are eligible to
receive direct assistance under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and
section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(d)). The Secretary may use no more than 4 percent of any
monetary assistance to pay for administrative costs.
SEC. 115. 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 2006 through 2012, not to exceed amounts authorized under
subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--
(1) In general.--Upon application made by an eligible
holder of a fishery finance program loan, made at such time, in
such manner, and containing such information as the Secretary
may require, the Secretary, on a calendar year basis beginning
in 2005, may--
(A) offset against the outstanding balance on the
loan an amount equal to the sum of the amounts expended
by the holder during the calendar year to repair or
replace covered vessels or facilities, or to invest in
new fisheries infrastructure within or for use within
the declared fisheries disaster area; or
(B) cancel the amount of debt equal to 100 hundred
percent of actual expenditures on eligible repairs,
reinvestment, expansion, or new investment in fisheries
infrastructure in the disaster region, or repairs to,
or replacement of, eligible fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the major
disaster area designated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) as a result of Hurricane Katrina or
Hurricane Rita.
(2) Eligible holder.--The term ``eligible holder'' means
the holder of a fishery finance program loan if--
(A) that loan is used to guarantee or finance any
fishing vessel or fish processing facility home-ported
or located within the declared fisheries disaster area;
and
(B) the holder makes expenditures to repair or
replace such covered vessels or facilities, or invests
in new fisheries infrastructure within or for use
within the declared fisheries disaster area, to restore
such facilities following the disaster.
(3) Fishery finance program loan.--The term ``fishery
finance program loan'' means a loan made or guaranteed under
the fishery finance program under title XI of the Merchant
Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the purposes of this
section not more than $15,000,000 for each eligible holder for the
period beginning with fiscal year 2006 through fiscal year 2012.
SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Commerce shall establish an
assistance program for the Gulf of Mexico shrimp fishing industry.
(b) Allocation of Funds.--Under the program, the Secretary shall
allocate funds appropriated to carry out the program among the States
of Alabama, Louisiana, Florida, Mississippi, and Texas in proportion to
the percentage of the shrimp catch landed by each State, except that
the amount allocated to Florida shall be based exclusively on the
proportion of such catch landed by the Florida Gulf Coast fishery.
(c) Use of Funds.--Of the amounts made available to each State
under the program--
(1) 2 percent shall be retained by the State to be used for
the distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and
bycatch reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to
food, energy needs, housing assistance, transportation
fuel, and other urgent needs;
(B) assistance for small businesses, including
fishermen, fish processors, and related businesses
serving the fishing industry;
(C) domestic product marketing and seafood
promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for
the fishery;
(F) funding or other incentives to ensure
widespread and proper use of turtle excluder devices
and bycatch reduction devices in the fishery; and
(G) voluntary capacity reduction programs for
shrimp fisheries under limited access programs.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $17,500,000 for fiscal years
2006 through 2011 to carry out this section.
SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section 114 of
this Act, is further amended by adding at the end the following:
``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.
``(a) Bycatch Reduction Engineering Program.--Not later than 1 year
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management 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 to develop technological devices and other
conservation engineering changes designed to minimize bycatch, seabird
bycatch, bycatch mortality, and post-release mortality in Federally
managed fisheries. The program shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for adoption
of methods developed under the program in fishery management
plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by a
Council or by the Secretary may establish a system of incentives to
reduce total bycatch and seabird bycatch amounts, bycatch rates, and
post-release mortality in fisheries under the Council's or Secretary's
jurisdiction, including--
``(1) measures to incorporate bycatch into quotas,
including the establishment of collective or individual bycatch
quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird bycatch rates; and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird bycatch,
bycatch mortality, post-release mortality, or regulatory
discards in the fishery.
``(c) Coordination on Seabird Bycatch.--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;
and
``(2) projects to mitigate for seabird mortality.''.
SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND COASTAL
HABITATS.
(a) In General.--The Secretary of Commerce shall establish a
community-based fishery and coastal habitat restoration program to
implement and support the restoration of fishery and coastal habitats.
(b) Authorized Activities.--In carrying out the program, the
Secretary may--
(1) provide funding and technical expertise to fishery and
coastal communities to assist them in restoring fishery and
coastal habitat;
(2) advance the science and monitoring of coastal habitat
restoration;
(3) transfer restoration technologies to the private
sector, the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound
coastal restoration projects;
(5) promote significant community support and volunteer
participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats;
and
(7) leverage resources through national, regional, and
local public-private partnerships.
SEC. 119. 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. 120. ENFORCEMENT.
(a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is amended--
(1) by striking ``$100,000'' in subsection (a) and
inserting ``$240,000'';
(2) by striking ``this section,'' in subsection (f) and
inserting ``this Act (or any other marine resource law enforced
by the Secretary),'';
(3) by inserting ``a permit, or any interest in a permit,''
in subsection (g)(3) after ``vessel,'' each place it appears;
(4) by striking ``the vessel'' in subsection (g)(3) and
inserting ``the vessel, permit, or interest'';
(5) by inserting ``or any amount in settlement of a civil
forfeiture,'' after ``criminal fine,'' in subsection (g)(4);
and
(6) by striking ``penalty or fine'' in subsection (g)(4)
and inserting ``penalty, fine, or settlement amount''.
(b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is amended to
read as follows:
``SEC. 309. CRIMINAL PENALTIES.
``(a) Fines and Imprisonment.--
``(1) In general.--Any person (other than a foreign
government or entity thereof) who knowingly violates
subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1)
of section 307, or paragraph (2) of section 307, shall be
imprisoned for not more than 5 years and fined--
``(A) not more than $500,000 if such person is an
individual; or
``(B) not more than $1,000,000 if such person is a
corporation or other legal entity other than an
individual.
``(2) Aggravated offenses.--Notwithstanding paragraph (1),
the maximum term of imprisonment shall be for not more than 10
years if--
``(A) the violator is an individual; and
``(B) in the commission of a violation described in
paragraph (1), that individual--
``(A) used a dangerous weapon;
``(B) engaged in conduct that caused bodily injury
to any observer described in section 307, any officer
authorized to enforce the provisions of this Act under
section 311, or any Council member or staff; or
``(C) placed any such observer, officer, Council
member, or staff in fear of imminent bodily injury.
``(b) Other Violations.--Any person (other than a foreign
government or entity thereof) who knowingly violates any other
provision of section 307 shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action arising under this Act.
``(2) Venue.--For purposes of this Act--
``(A) each violation of this Act shall constitute a
separate offense and the offense shall be deemed to
have been committed not only in the district where it
first occurred, but also in any other district as
authorized by law;
``(B) any offense not committed within a judicial
district of the United States is subject to the venue
provisions of section 3238 of title 18, United States
Code; and
``(C) American Samoa shall be included within the
judicial district of the United States District Court
for the District of Hawaii.''.
(c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) is
amended--
(1) by striking ``(other than any act for which the
issuance of a citation under section 311(a) is sufficient
sanction)''; and
(2) by striking ``States.'' and inserting ``States, except
that no fishing vessel shall be subject to forfeiture under
this section as the result of any act for which the issuance of
a citation under section 311(a) is sufficient sanction.''.
(d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 1861(a))
is amended--
(1) by striking ``Act'' and inserting ``Act, and the
provisions of any marine resource law administered by the
Secretary,''; and
(2) by striking ``State agency,'' and inserting ``agency of
any State, Territory, Commonwealth, or Tribe,''.
(e) Powers of Authorized Officers.--Section 311(b) (16 U.S.C.
1861(b)) is amended by striking ``Federal or State''.
(f) Payment of Storage, Care, and Other Costs.--Section
311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as follows:
``(B) a reward to any person who furnishes information
which leads to an arrest, conviction, civil penalty assessment,
or forfeiture of property for any violation of any provision of
this Act or any other marine resource law enforced by the
Secretary of up to the lesser of--
``(i) 20 percent of the penalty or fine collected;
or
``(ii) $20,000;''.
TITLE II--INFORMATION AND RESEARCH
SEC. 201. RECREATIONAL FISHERIES INFORMATION.
Section 401 (16 U.S.C. 1881) is amended by striking subsection (g)
and inserting the following:
``(g) Recreational Fisheries.--
``(1) Federal program.--The Secretary shall establish and
implement a regionally based registry program for recreational
fishermen in each of the 8 fishery management regions. The
program, which shall not require a fee before January 1, 2011,
shall provide for--
``(A) the registration (including identification
and contact information) of individuals who engage in
recreational fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery
resources beyond the Exclusive Economic Zone;
and
``(B) if appropriate, the registration (including
the ownership, operator, and identification of the
vessel) of vessels used in such fishing.
``(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen and
charter fishing vessels licensed, permitted, or registered
under the laws of a State if the Secretary determines that
information from the State program is suitable for the
Secretary's use or is used to assist in completing marine
recreational fisheries statistical surveys, or evaluating the
effects of proposed conservation and management measures for
marine recreational fisheries.
``(3) Data collection.--
``(A) Improvement of the marine recreational
fishery statistics survey.--Within 24 months after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of
2006, the Secretary, in consultation with
representatives of the recreational fishing industry
and experts in statistics, technology, and other
appropriate fields, shall establish a program to
improve the quality and accuracy of information
generated by the Marine Recreational Fishery Statistics
Survey, with a goal of achieving acceptable accuracy
and utility for each individual fishery.
``(B) NRC report recommendations.--The program
shall take into consideration and, to the maximum
extent feasible, implement the recommendations of the
National Research Council in its report Review of
Recreational Fisheries Survey Methods (2006),
including--
``(i) redesigning the Survey to improve the
effectiveness and appropriateness of sampling
and estimation procedures, its applicability to
various kinds of management decisions, and its
usefulness for social and economic analyses;
and
``(ii) providing for ongoing technical
evaluation and modification as needed to meet
emerging management needs.
``(C) Methodology.--Unless the Secretary determines
that alternate methods will achieve this goal more
efficiently and effectively, the program shall, to the
extent possible, include--
``(i) an adequate number of dockside
interviews 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;
and
``(iv) development of a weather corrective
factor that can be applied to recreational
catch and effort estimates.
``(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, 2011.
``(4) Report.--Within 24 months after establishment of the
program, the Secretary shall submit a report to Congress that
describes the progress made toward achieving the goals and
objectives of the program.''.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended--
(1) by striking ``(a) Council Requests.--'' in the
subsection heading and inserting ``(a) Collection Programs.--
'';
(2) by resetting the text following ``(a) Collection
Programs.--'' as a new paragraph 2 ems from the left margin;
(3) by inserting ``(1) Council requests.--'' before ``If a
Council'';
(4) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
(5) by striking ``(other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations)'' each place it appears; and
(6) by adding at the end the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring submission
of such additional information for the fishery.''.
SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3) and
resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
``(b) Confidentiality of Information.--
``(1) Any information submitted to the Secretary, a state
fishery management agency, or a marine fisheries commission by
any person in compliance with the requirements of this Act that
contains confidential information shall be confidential and
shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code, except--
``(A) to Federal employees and Council employees
who are responsible for fishery management plan
development, monitoring, or enforcement;
``(B) to State or Marine Fisheries Commission
employees as necessary to further the Department's
mission, subject to a confidentiality agreement that
prohibits public disclosure of confidential information
relating to any person;
``(C) to State employees who are responsible for
fishery management plan enforcement, if the States
employing those employees have entered into a fishery
enforcement agreement with the Secretary and the
agreement is in effect;
``(D) when such information is used by State,
Council, or Marine Fisheries Commission employees to
verify catch under a limited access program, but only
to the extent that such use is consistent with
subparagraph (B);
``(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act;
``(F) when such information is required to be
submitted to the Secretary for any determination under
a limited access program; or
``(G) in support of homeland and national security
activities, including the Coast Guard's homeland
security missions as defined in section 888(a)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)).
``(2) Any observer information shall be confidential and
shall not be disclosed, except in accordance with the
requirements of subparagraphs (A) through (G) of paragraph (1),
or--
``(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific
Council to allow disclosure to the public of weekly
summary bycatch information identified by vessel or for
haul-specific bycatch information without vessel
identification;
``(B) when such information is necessary in
proceedings to adjudicate observer certifications; or
``(C) as authorized by any regulations issued under
paragraph (3) allowing the collection of observer
information, pursuant to a confidentiality agreement
between the observers, observer employers, and the
Secretary prohibiting disclosure of the information by
the observers or observer employers, in order--
``(i) to allow the sharing of observer
information among observers and between
observers and observer employers as necessary
to train and prepare observers for deployments
on specific vessels; or
``(ii) to validate the accuracy of the
observer information collected.''; and
(3) by striking ``(1)(E).'' in paragraph (3), as
redesignated, and inserting ``(2)(A).''.
(b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C.
1881c(c)(4)) is amended by striking ``under section 401''.
SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section 115, is
further amended by adding at the end the following:
``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
``(a) In General.--The Secretary of Commerce, in consultation with
the Councils, shall establish a cooperative research and management
program to address needs identified under this Act and under any other
marine resource laws enforced by the Secretary. The program shall be
implemented on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal managers and
scientists (including interstate fishery commissions), fishing industry
participants, and educational institutions.
``(b) Eligible Projects.--The Secretary shall make funds available
under the program for the support of projects to address critical needs
identified by the Councils in consultation with the Secretary. The
program shall promote and encourage efforts to utilize sources of data
maintained by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary shall award
funding on a competitive basis and based on regional fishery management
needs, select programs that form part of a coherent program of research
focused on solving priority issues identified by the Councils, and
shall give priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing vessels
or acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch or
post-release mortality occurring in a fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality,
reduction of bycatch in high seas fisheries, and transfer of
such fishing technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental Permitting Process.--Not later than 180 days
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the Secretary,
in consultation with the Councils, shall promulgate regulations that
create an expedited, uniform, and regionally-based process to promote
issuance, where practicable, of experimental fishing permits.
``(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that participation in a
research project funded under this section does not result in loss of a
participant's catch history or unexpended days-at-sea as part of a
limited entry system.
``(f) Exempted Projects.--The procedures of this section shall not
apply to research funded by quota set-asides in a fishery.''.
SEC. 205. HERRING STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is
further amended by adding at the end the following:
``SEC. 318. 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. 319. RESTORATION STUDY.
``(a) In General.--The Secretary may conduct a study to update
scientific information and protocols needed to improve restoration
techniques for a variety of coast habitat types and synthesize the
results in a format easily understandable by restoration practitioners
and local communities.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for fiscal year 2007 to conduct this study.''.
SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.
Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855
note) is amended--
(1) by striking ``and the Secretary of the Interior are''
in paragraph (1) and inserting ``is'';
(2) by striking ``not less than three and not more than
five'' in paragraph (1); and
(3) by striking paragraph (6) and inserting the following:
``(6) In this subsection the term `Western Pacific
community' means a community eligible to participate under
section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(i)(2)(B)(i) through (iv)).''.
SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.
(a) In General.--The Secretary shall establish and maintain a fund,
to be known as the ``Fisheries Conservation and Management Fund'',
which shall consist of amounts retained and deposited into the Fund
under subsection (c).
(b) Purposes.--Subject to the allocation of funds described in
subsection (d), amounts in the Fund shall be available to the Secretary
of Commerce, without appropriation or fiscal year limitation, to
disburse as described in subsection (e) for--
(1) efforts to improve fishery harvest data collection
including--
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage
through the expanded use of electronic monitoring
devices and satellite tracking systems such as VMS on
small vessels;
(2) cooperative fishery research and analysis, in
collaboration with fishery participants, academic institutions,
community residents, and other interested parties;
(3) development of methods or new technologies to improve
the quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health
benefits and risks, including levels of contaminants and, where
feasible, the source of such contaminants;
(5) marketing of sustainable United States fishery
products, including consumer education regarding the health or
other benefits of wild fishery products harvested by vessels of
the United States;
(6) improving data collection under the Marine Recreational
Fishery Statistics Survey in accordance with section 401(g)(3)
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881(g)(3)); and
(7) providing financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
other Federal laws in pari materia.
(c) Deposits to the Fund.--
(1) Quota set-asides.--Any amount generated through quota
set-asides established by a Council under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and designated by the Council for inclusion in the
Fishery Conservation and Management Fund, may be deposited in
the Fund.
(2) Other funds.--In addition to amounts received pursuant
to paragraph (1) of this subsection, the Fishery Conservation
and Management Fund may also receive funds from--
(A) appropriations for the purposes of this
section; and
(B) States or other public sources or private or
non-profit organizations for purposes of this section.
(d) Regional Allocation.--The Secretary shall, every 2 years,
apportion monies from the Fund among the eight Council regions
according to recommendations of the Councils, based on regional
priorities identified through the Council process, except that no
region shall receive less than 5 percent of the Fund in each allocation
period.
(e) Limitation on the Use of the Fund.--No amount made available
from the Fund may be used to defray the costs of carrying out
requirements of this Act or the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) other than those uses
identified in this section.
SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL CONSTRUCTION FUND
FOR SUSTAINABLE PURPOSES.
(a) Purpose of Fishery Finance Program Obligations.--Section
1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1274(a)(7)) is amended to read as follows:
``(7) financing or refinancing including,
``(A) the reimbursement of obligors for
expenditures previously made, for the purchase of
individual fishing quotas in accordance with section
303(d)(4) of the Magnuson-Stevens Fishery Conservation
and Management Act;
``(B) activities that assist in the transition to
reduced fishing capacity; or
``(C) technologies or upgrades designed to improve
collection and reporting of fishery-dependent data, to
reduce bycatch, to improve selectivity or reduce
adverse impacts of fishing gear, or to improve
safety.''.
(b) Expansion of Purposes for Qualified Withdrawals.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1))
is amended--
(1) by striking ``for:'' and inserting ``for--'';
(B) by striking ``vessel,'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B) and
inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the following:
``(D) in the case of any person for whose benefit
the fund was established and who participates in the
fishing capacity reduction program under section 312 of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a)--
``(i) if such person remains in the
fishery, the satisfaction of any debt
obligation undertaken pursuant to such program;
and
``(ii) if such person withdraws 1 or more
vessels from the fishery, the substitution of
amounts the person would otherwise receive
under such program for such person's vessel or
permit to engage in the fishery;
``(E) the repair, maintenance, or upgrade of an
eligible vessel or its equipment for the purpose of--
``(i) making conservation engineering
changes to reduce bycatch, improve selectivity
of fishing gear, or reduce adverse impacts of
fishing gear;
``(ii) improving vessel safety; or
``(iii) acquiring, installing, or upgrading
equipment to improve collection, reporting, or
accuracy of fishery data; or
``(F) the acquisition, construction,
reconstruction, upgrading, or investment in shoreside
fishery-related facilities or infrastructure in the
United States for the purpose of promoting United
States ownership of fishery-related facilities in the
United States without contributing to overcapacity in
the sector.''.
SEC. 210. REGIONAL ECOSYSTEM RESEARCH.
Section 406 (16 U.S.C. 1882) is amended by adding at the end the
following:
``(f) Regional Ecosystem Research.--
``(1) Study.--Within 180 days after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary, in consultation
with the Councils, shall undertake and complete a study on the
state of the science for advancing the concepts and integration
of ecosystem considerations in regional fishery management. The
study should build upon the recommendations of the advisory
panel and include--
``(A) recommendations for scientific data,
information and technology requirements for
understanding ecosystem processes, and methods for
integrating such information from a variety of federal,
state, and regional sources;
``(B) recommendations for processes for
incorporating broad stake holder participation;
``(C) recommendations for processes to account for
effects of environmental variation on fish stocks and
fisheries; and
``(D) a description of existing and developing
council efforts to implement ecosystem approaches,
including lessons learned by the councils.
``(2) Agency Technical Advice and Assistance, Regional
Pilot Programs.--The Secretary is authorized to provide
necessary technical advice and assistance, including grants, to
the Councils for the development and design of regional pilot
programs that build upon the recommendations of the advisory
panel and, when completed, the study.''.
SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary, in consultation with appropriate
regional fishery management councils and in coordination with other
federal agencies and educational institutions, shall 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 and monitor, and the Councils
to protect, deep sea coral areas, including summaries of the results of
mapping, research, and data collection performed under the program.''.
SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.
(a) In General.--The Undersecretary of Commerce for Oceans and
Atmosphere shall execute an agreement with the National Academy of
Sciences to conduct, jointly, a multi-year, comprehensive in-water
study designed--
(1) to measure accurately the efforts and effects of shrimp
fishery efforts to utilize turtle excluder devices;
(2) to analyze the impact of those efforts on sea turtle
mortality, including interaction between turtles and shrimp
trawlers in the inshore, nearshore, and offshore waters of the
Gulf of Mexico and similar geographical locations in the waters
of the Southeastern United States; and
(3) to evaluate innovative technologies to increase shrimp
retention in turtle excluder devices while ensuring the
protection of endangered and threatened sea turtles.
(b) Observers.--In conducting the study, the Undersecretary shall
ensure that observers are placed onboard commercial shrimp fishing
vessels where appropriate or necessary.
(c) Interim Reports.--During the course of the study and until a
final report is submitted to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Resources, the National Academy of Sciences shall transmit interim
reports to the Committees biannually containing a summary of
preliminary findings and conclusions from the study.
SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES AND
HABITATS.
(a) Fisheries Report.--Within 180 days after the date of enactment
of this Act, the Secretary of Commerce shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources on the impact of Hurricane
Katrina, Hurricane Rita, and Hurricane Wilma on--
(1) commercial and recreational fisheries in the States of
Alabama, Louisiana, Florida, Mississippi, and Texas;
(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. NORTHWEST PACIFIC FISHERIES CONSERVATION.
Section 313 (16 U.S.C. 1862) is amended--
(1) by striking ``all fisheries under the Council's
jurisdiction except salmon fisheries'' in subsection (a) and
inserting ``any fishery under the Council's jurisdiction except
a salmon fishery'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) establishes a system, or system, of fees, which may
vary by fishery, management area, or observer coverage level,
to pay for the cost of implementing the plan.'';
(3) by striking ``observers'' in subsection (b)(2)(A) and
inserting ``observers, or electronic monitoring systems,'';
(4) by inserting ``a fixed amount reflecting actual
observer costs as described in subparagraph (A) or'' in
subsection (b)(2)(E) after ``expressed as'';
(5) by inserting ``some or'' in subsection (b)(2)(F) after
``against'';
(6) by inserting ``or an electronic monitoring system''
after ``observer'' in subsection (b)(2)(F);
(7) by striking ``and'' after the semicolon in subsection
(b)(2)(H); and
(8) by redesignating subparagraph (I) of subsection (b)(2)
as subparagraph (J) and inserting after subparagraph (H) the
following:
``(I) provide that fees collected will be credited against
any fee for stationing observers or electronic monitoring
systems on board fishing vessels and United States fish
processors and the actual cost of inputting collected data to
which a fishing vessel or fish processor is subject under
section 304(d) of this Act; and''.
SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.
(a) Review.--The Secretary of Commerce shall conduct a unique,
thorough examination of the potential impact on all affected and
interested parties of Framework 42 to the Northeast Multispecies
Fishery Management Plan.
(b) Report.--The Secretary shall report the Secretary's findings
under subsection (a) within 30 days after the date of enactment of this
Act. The Secretary shall include in the report a detailed discussion of
each of the following:
(1) The economic and social implications for affected
parties within the fishery, including potential losses to
infrastructure, expected from the imposition of Framework 42.
(2) The estimated average annual income generated by
fishermen in New England, separated by State and vessel size,
and the estimated annual income expected after the imposition
of Framework 42.
(3) Whether the differential days-at-sea counting imposed
by Framework 42 would result in a reduction in the number of
small vessels actively participating in the New England
Fishery.
(4) The percentage and approximate number of vessels in the
New England fishery, separated by State and vessel type, that
are incapable of fishing outside the areas designated in
Framework 42 for differential days-at-sea counting.
(5) The percentage of the annual groundfish catch in the
New England fishery that is harvested by small vessels.
(6) The current monetary value of groundfish permits in the
New England fishery and the actual impact that the potential
imposition of Framework 42 is having on such value.
(7) Whether permitting days-at-sea to be leased is altering
the market value for groundfish permits or days-at-sea in New
England.
(8) Whether there is a substantially high probability that
the biomass targets used as a basis for Amendment 13 remain
achievable.
(9) An identification of the year in which the biomass
targets used as a basis for Amendment 13 were last evident or
achieved, and the evidence used to determine such date.
(10) Any separate or non-fishing factors, including
environmental factors, that may be leading to a slower
rebuilding of groundfish than previously anticipated.
(11) The potential harm to the non-fishing environment and
ecosystem from the reduction in fishing resulting from
Framework 42 and the potential redevelopment of the coastal
land for other purposes, including potential for increases in
non-point source of pollution and other impacts.
SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.
The Mid-Atlantic Fishery Council, in consultation with the New
England Fishery Council, shall submit a report to the Senate Committee
on Commerce, Science, and Transportation within 9 months after the date
of enactment of this Act--
(1) describing the role of council liaisons between the
Mid-Atlantic and New England Councils, including an explanation
of council policies regarding the liaison's role in Council
decision-making since 1996;
(2) describing how management actions are taken regarding
the operational aspects of current joint fishery management
plans, and how such joint plans may undergo changes through
amendment or framework processes;
(3) evaluating the role of the New England Fishery Council
and the Mid-Atlantic Fishery Council liaisons in the
development and approval of management plans for fisheries in
which the liaisons or members of the non-controlling Council
have a demonstrated interest and significant current and
historical landings of species managed by either Council;
(4) evaluating the effectiveness of the various approaches
developed by the Councils to improve representation for
affected members of the non-controlling Council in Council
decision-making, such as use of liaisons, joint management
plans, and other policies, taking into account both the
procedural and conservation requirements of the Magnuson-
Stevens Fishery Conservation and Management Act; and
(5) analyzing characteristics of North Carolina and Florida
that supported their inclusion as voting members of more than
one Council and the extent to which those characteristics
support Rhode Island's inclusion on a second Council (the Mid-
Atlantic Council).
TITLE III--OTHER FISHERIES STATUTES
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.
(a) Civil Penalties.--Section 8(a) of the Northern Pacific Halibut
Act of 1982 (16 U.S.C. 773f(a)) is amended--
(1) by striking ``$25,000'' and inserting ``$200,000'';
(2) by striking ``violation, the degree of culpability, and
history of prior offenses, ability to pay,'' in the fifth
sentence and inserting ``violator, the degree of culpability,
any history of prior offenses,''; and
(3) by adding at the end the following: ``In assessing such
penalty, the Secretary may also consider any information
provided by the violator relating to the ability of the
violator to pay if the information is provided to the Secretary
at least 30 days prior to an administrative hearing.''.
(b) Permit Sanctions.--Section 8 of the Northern Pacific Halibut
Act of 1982 (16 U.S.C. 773f) is amended by adding at the end the
following:
``(e) Revocation or Suspension of Permit.--
``(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
``(A) a vessel has been used in the commission of
any act prohibited under section 7;
``(B) the owner or operator of a vessel or any
other person who has been issued or has applied for a
permit under this Act has acted in violation of section
7; or
``(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other property, or
any civil penalty or criminal fine imposed on a vessel
or owner or operator of a vessel or any other person
who has been issued or has applied for a permit under
any marine resource law enforced by the Secretary has
not been paid and is overdue.
``(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
``(A) revoke any permit issued with respect to such
vessel or person, with or without prejudice to the
issuance of subsequent permits;
``(B) suspend such permit for a period of time
considered by the Secretary to be appropriate;
``(C) deny such permit; or
``(D) impose additional conditions and restrictions
on any permit issued to or applied for by such vessel
or person under this Act and, with respect to any
foreign fishing vessel, on the approved application of
the foreign nation involved and on any permit issued
under that application.
``(3) Factors To Be Considered.--In imposing a sanction
under this subsection, the Secretary shall take into account--
``(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the sanction
is imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such
other matters as justice may require.
``(4) Transfers of ownership.--Transfer of ownership of a
vessel, a permit, or any interest in a permit, by sale or
otherwise, shall not extinguish any permit sanction that is in
effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, permit,
or interest in a permit, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the existence
of any permit sanction that will be in effect or pending with
respect to the vessel, permit, or interest at the time of the
transfer.
``(5) Reinstatement.--In the case of any permit that is
suspended under this subsection for nonpayment of a civil
penalty, criminal fine, or any amount in settlement of a civil
forfeiture, the Secretary shall reinstate the permit upon
payment of the penalty, fine, or settlement amount and interest
thereon at the prevailing rate.
``(6) Hearing.--No sanction shall be imposed under this
subsection unless there has been prior opportunity for a
hearing on the facts underlying the violation for which the
sanction is imposed either in conjunction with a civil penalty
proceeding under this section or otherwise.
``(7) Permit defined.--In this subsection, the term
`permit' means any license, certificate, approval,
registration, charter, membership, exemption, or other form of
permission issued by the Commission or the Secretary, and
includes any quota share or other transferable quota issued by
the Secretary.''.
(c) Criminal Penalties.--Section 9(b) of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
(1) by striking ``$50,000'' and inserting ``$200,000''; and
(2) by striking ``$100,000,'' and inserting ``$400,000,''.
SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended
to read as follows:
``(a) Authorization.--For each of fiscal years 2006, 2007, 2008,
2009, and 2010, there are authorized to be appropriated to carry out
this Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000
for each of fiscal years 2004 through 2008,'' and inserting
``$4,000,000 for each of fiscal years 2006 through 2010,''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal
years 2001 through 2005'' and inserting ``fiscal years 2006 through
2010''.
(d) Pacific Salmon Treaty Act.--
(1) Transfer of section to act.--The text of section 623 of
title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on
November 17, 1999, and enacted into law by section 1000(a)(1)
of the Act of November 29, 1999 (Public Law 106-113)--
(A) is transferred to the Pacific Salmon Treaty Act
(16 U.S.C. 3631 et seq.) and inserted after section 15;
and
(B) amended--
(i) by striking ``Sec. 623.''; and
(ii) inserting before ``(a) Northern Fund
and Southern Fund.--'' the following:
``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION;
ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.
(2) Reauthorization.--Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by subsection (a), is
amended--
(1) by inserting ``sustainable salmon fisheries,'' after
``enhancement,''; and
(2) by inserting ``2006, 2007, 2008, and 2009,'' after
``2005,''.
(e) State Authority for Dungeness Crab Fishery Management.--Section
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
(1) by striking ``September 30, 2006.'' in subsection (i)
and inserting ``September 30, 2016.'';
(2) by striking ``health'' in subsection (j) and inserting
``status''; and
(3) by striking ``California.'' in subsection (j) and
inserting ``California, including--
``(1) stock status and trends throughout its range;
``(2) a description of applicable research and scientific
review processes used to determine stock status and trends; and
``(3) measures implemented or planned that are designed to
prevent or end overfishing in the fishery.''.
(f) Pacific Fishery Management Council.--
(1) In General.--The Pacific Fishery Management Council
shall develop a proposal for the appropriate rationalization
program for the Pacific trawl groundfish and whiting fisheries,
including the shore-based sector of the Pacific whiting fishery
under its jurisdiction. The proposal may include only the
Pacific whiting fishery, including the shore-based sector, if
the Pacific Council determines that a rationalization plan for
the fishery as a whole cannot be achieved before the report is
required to be submitted under paragraph (3).
(2) Required analysis.--In developing the proposal to
rationalize the fishery, the Pacific Council shall fully
analyze alternative program designs, including the allocation
of limited access privileges to harvest fish to fishermen and
processors working together in regional fishery associations or
some other cooperative manner to harvest and process the fish,
as well as the effects of these program designs and allocations
on competition and conservation. The analysis shall include an
assessment of the impact of the proposal on conservation and
the economics of communities, fishermen, and processors
participating in the trawl groundfish fisheries, including the
shore-based sector of the Pacific whiting fishery.
(3) Report.--The Pacific Council shall submit the proposal
and related analysis to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources no later than 24 months after the date
of enactment of this Act.
TITLE IV--INTERNATIONAL
SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.
Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end
the following:
``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.
``(a) In General.--The Secretary may undertake activities to
promote improved monitoring and compliance for high seas fisheries, or
fisheries governed by international fishery management agreements, and
to implement the requirements of this title.
``(b) Specific Authorities.--In carrying out subsection (a), the
Secretary may--
``(1) share information on harvesting and processing
capacity and illegal, unreported and unregulated fishing on the
high seas, in areas covered by international fishery management
agreements, and by vessels of other nations within the United
States exclusive economic zone, with relevant law enforcement
organizations of foreign nations and relevant international
organizations;
``(2) further develop real time information sharing
capabilities, particularly on harvesting and processing
capacity and illegal, unreported and unregulated fishing;
``(3) participate in global and regional efforts to build
an international network for monitoring, control, and
surveillance of high seas fishing and fishing under regional or
global agreements;
``(4) support efforts to create an international registry
or database of fishing vessels, including by building on or
enhancing registries developed by international fishery
management organizations;
``(5) enhance enforcement capabilities through the
application of commercial or governmental remote sensing
technology to locate or identify vessels engaged in illegal,
unreported, or unregulated fishing on the high seas, including
encroachments into the exclusive economic zone by fishing
vessels of other nations;
``(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and
surveillance capabilities; and
``(7) support coordinated international efforts to ensure
that all large-scale fishing vessels operating on the high seas
are required by their flag State to be fitted with vessel
monitoring systems no later than December 31, 2008, or earlier
if so decided by the relevant flag State or any relevant
international fishery management organization.''.
SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING.
Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of this
Act, is further amended by adding at the end the following:
``(12) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other fishing
practices which may harm the sustainability of living marine
resources and disadvantage the United States fishing
industry.''.
SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND
REDUCE BYCATCH OF PROTECTED MARINE SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by
adding at the end the following:
``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
``The Secretary, in consultation with the Secretary of State, shall
provide to Congress, by not later than 2 years after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, and every 2 years thereafter, a report
that includes--
``(1) the state of knowledge on the status of international
living marine resources shared by the United States or subject
to treaties or agreements to which the United States is a
party, including a list of all such fish stocks classified as
overfished, overexploited, depleted, endangered, or threatened
with extinction by any international or other authority charged
with management or conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under sections 609(a) or 610(a), including the specific
offending activities and any subsequent actions taken pursuant
to section 609 or 610;
``(3) a description of efforts taken by nations on those
lists to comply take appropriate corrective action consistent
with sections 609 and 610, and an evaluation of the progress of
those efforts, including steps taken by the United States to
implement those sections and to improve international
compliance;
``(4) progress at the international level, consistent with
section 608, to strengthen the efforts of international fishery
management organizations to end illegal, unreported, or
unregulated fishing; and
``(5) steps taken by the Secretary at the international
level to adopt international measures comparable to those of
the United States to reduce impacts of fishing and other
practices on protected living marine resources, if no
international agreement to achieve such goal exists, or if the
relevant international fishery or conservation organization has
failed to implement effective measures to end or reduce the
adverse impacts of fishing practices on such species.
``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of State, and
in cooperation with relevant fishery management councils and any
relevant advisory committees, shall take actions to improve the
effectiveness of international fishery management organizations in
conserving and managing fish stocks under their jurisdiction. These
actions shall include--
``(1) urging international fishery management organizations
to which the United States is a member--
``(A) to incorporate multilateral market-related
measures against member or nonmember governments whose
vessels engage in illegal, unreported, or unregulated
fishing;
``(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing that can be shared
among all members and other international fishery
management organizations;
``(C) to seek international adoption of a
centralized vessel monitoring system in order to
monitor and document capacity in fleets of all nations
involved in fishing in areas under the an international
fishery management organization's jurisdiction;
``(D) to increase use of observers and technologies
needed to monitor compliance with conservation and
management measures established by the organization,
including vessel monitoring systems and automatic
identification systems; and
``(E) to seek adoption of stronger port state
controls in all nations, particularly those nations in
whose ports vessels engaged in illegal, unreported, or
unregulated fishing land or transship fish;
``(2) urging international fishery management organizations
to which the United States is a member, as well as all members
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated
fishing, including--
``(A) import prohibitions, landing restrictions, or
other market-based measures needed to enforce
compliance with international fishery management
organization measures, such as quotas and catch limits;
``(B) import restrictions or other market-based
measures to prevent the trade or importation of fish
caught by vessels identified multilaterally as engaging
in illegal, unreported, or unregulated fishing; and
``(C) catch documentation and certification schemes
to improve tracking and identification of catch of
vessels engaged in illegal, unreported, or unregulated
fishing, including advance transmission of catch
documents to ports of entry; and
``(3) urging other nations at bilateral, regional, and
international levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the World
Trade Organization to take all steps necessary, consistent with
international law, to adopt measures and policies that will
prevent fish or other living marine resources harvested by
vessels engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or territories.
``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if fishing vessels of that
nation are engaged, or have been engaged at any point during the
preceding two years in illegal, unreported, or unregulated fishing;
and--
``(1) the relevant international fishery management
organization has failed to implement effective measures to end
the illegal unreported, or unregulated fishing activity by
vessels of that nation or the nation is not a party to, or does
not maintain cooperating status with, such organization; or
``(2) where no international fishery management
organization exists with a mandate to regulate the fishing
activity in question.
``(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President
and that nation of such identification.
``(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, acting through the
Secretary of State, shall--
``(1) notify nations listed in the report of the
requirements of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels
identified in the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, and including notice
and an opportunity for comment by the governments of any nation
listed by the Secretary under subsection (a), for determining
if that government has taken appropriate corrective action with
respect to the offending activities of its fishing vessels
identified in the report under section 607. The Secretary shall
determine, on the basis of the procedure, and certify to the
Congress no later than 90 days after the date on which the
Secretary promulgates a final rule containing the procedure,
and biennially thereafter in the report under section 607--
``(A) whether the government of each nation
identified under subsection (b) has provided
documentary evidence that it has taken corrective
action with respect to the offending activities of its
fishing vessels identified in the report; or
``(B) whether the relevant international fishery
management organization has implemented measures that
are effective in ending the illegal, unreported, or
unregulated fishing activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that--
``(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party; or
``(B) the vessel is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or products
thereof not managed under the relevant international fishery
agreement (or, where there is no such agreement, not caught by
the vessels engaged in illegal, unreported, or unregulated
fishing)) shall apply to any nation identified under subsection
(a) that has not been certified by the Secretary under this
subsection, or for which the Secretary has issued a negative
certification under this subsection, but shall not apply to any
nation identified under subsection (a) for which the Secretary
has issued a positive certification under this subsection.
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
``(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning established
under paragraph (2).
``(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary shall publish a
definition of the term `illegal, unreported, or unregulated
fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation
and management measures required under an international
fishery management agreement to which the United States
is a party, including catch limits or quotas, capacity
restrictions, and bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the
United States, for which there are no applicable
international conservation or management measures or in
areas with no applicable international fishery
management organization or agreement, that has adverse
impacts on such stocks; and
``(C) fishing activity, including bottom trawling,
that has adverse impacts on seamounts, hydrothermal
vents, and cold water corals located beyond national
jurisdiction, for which there are no applicable
conservation or management measures or in areas with no
applicable international fishery management
organization or agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2006 through 2012 such
sums as are necessary to carry out this section.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices;
``(A) beyond the exclusive economic zone of any
nation that result in bycatch of a protected living
marine resource; or
``(B) beyond the exclusive economic zone of the
United States that result in bycatch of a protected
living marine resource shared by the United States;
``(2) the relevant international organization for the
conservation and protection of such resources or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce such bycatch, or
the nation is not a party to, or does not maintain cooperating
status with, such organization; and
``(3) the nation has not adopted a regulatory program
governing such fishing practices designed to end or reduce such
bycatch that is comparable to that of the United States, taking
into account different conditions.
``(b) Consultation and Negotiation.--The Secretary, acting through
the Secretary of State, shall--
``(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices described in
subsection (a), about the provisions of this section and this
Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in, fishing activities or practices
described in subsection (a), for the purpose of entering into
bilateral and multilateral treaties with such countries to
protect such species;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.
``(c) Conservation Certification Procedure.--
``(1) Certification.--The Secretary shall determine, on the
basis of a procedure consistent with the provisions of
subchapter II of chapter 5 of title 5, United States Code, and
including notice and an opportunity for comment by the
governments of any nation identified by the Secretary under
subsection (a). The Secretary shall certify to the Congress by
January 31, 2007, and biennially thereafter whether the
government of each harvesting nation--
``(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine resource
that is comparable to that of the United States, taking
into account different conditions, and which, in the
case of pelagic longline fishing, includes mandatory
use of circle hooks, careful handling and release
equipment, and training and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-
specific data to support international stock
assessments and conservation enforcement efforts for
protected living marine resources.
``(2) Alternative procedure.--The Secretary shall establish
a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that such imports
were harvested by practices that do not result in bycatch of a
protected marine species, or were harvested by practices that--
``(A) are comparable to those of the United States,
taking into account different conditions, and which, in
the case of pelagic longline fishing, includes
mandatory use of circle hooks, careful handling and
release equipment, and training and observer programs;
and
``(B) include the gathering of species specific
data that can be used to support international and
regional stock assessments and conservation efforts for
protected living marine resources.
``(3) Effect of Certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing) shall apply to any nation
identified under subsection (a) that has not been certified by
the Secretary under this subsection, or for which the Secretary
has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification
under this subsection.
``(d) International Cooperation and Assistance.--To the greatest
extent possible consistent with existing authority and the availability
of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist
those nations in qualifying for certification under subsection
(c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c);
and
``(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting
plans.
``(e) Protected Living Marine Resource Defined.--In this section
the term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine mammals
that are protected under United States law or international
agreement, including the Marine Mammal Protection Act, the
Endangered Species Act, the Shark Finning Prohibition Act, and
the Convention on International Trade in Endangered Species of
Wild Flora and Fauna; but
``(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and Management
Act, the Atlantic Tunas Convention Act, or any international
fishery management agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2006 through 2012 such
sums as are necessary to carry out this section.``.
(b) Conforming Amendments.--
(1) Denial of port privileges.--Section 101(b) of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is
amended by inserting ``or illegal, unreported, or unregulated
fishing`` after ``fishing`` in paragraph (1)(A)(i), paragraph
(1)(B), paragraph (2), and paragraph (4)(A)(i).
(2) Duration of denial.--Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended
by inserting ``or illegal, unreported , or unregulated
fishing`` after ``fishing``.
SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ``that is at least equal in
effectiveness to the program established by the Secretary;'' and
inserting ``or other monitoring program that the Secretary, in
consultation with the Western Pacific Management Council, determines is
adequate to monitor harvest, bycatch, and compliance with the laws of
the United States by vessels fishing under the agreement;''.
(b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C.
1824(e)(4)(A)(i)) is amended to read as follows:
``(i) Pacific Insular Area observer programs, or other
monitoring programs, that the Secretary determines are adequate
to monitor the harvest, bycatch, and compliance with the laws
of the United States by foreign fishing vessels that fish under
Pacific Insular Area fishing agreements;''.
SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.
(a) In General.--Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this Act, including use for payment of the
United States share of the joint expenses of the Commission as provided
in Article X of the Convention--
``(1) $5,495,000 for fiscal year 2006;
``(2) $5,770,000 for each of fiscal years 2007 and 2008;
``(3) $6,058,000 for each of fiscal years 2009 and 2010;
and
``(4) $6,361,000 for each of fiscal years 2011 and 2012.
``(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) Disqualification From Appointment to International Commission
for the Conservation of Atlantic Tunas.--Section 3(a) of the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 971a(a)) is amended by adding
at the end the following:
``(4) An individual who has directly represented, aided, or
advised a foreign entity in any marine resources negotiation,
or marine resource dispute, with the United States may not be
appointed or serve as a Commissioner.''.
(c) 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''.
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) International Overfishing.--Section 304 (16 U.S.C. 1854) is
amended by adding at the end thereof the following:
``(i) International Overfishing.--The provisions of this subsection
shall apply in lieu of subsection (e) to a fishery that the Secretary
determines is overfished or approaching a condition of being overfished
due to excessive international fishing pressure, and for which there
are no management measures to end overfishing under an international
agreement to which the United States is a party. For such fisheries--
``(1) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the international
level to end the overfishing; and
``(2) within 1 year after the Secretary's determination,
the appropriate Council, or Secretary, for fisheries under
section 302(a)(3) shall--
``(A) develop recommendations for domestic
regulations to address the relative impact of fishing
vessels of the United States on the stock and, if
developed by a Council, the Council shall submit such
recommendations to the Secretary; and
``(B) develop and submit recommendations to the
Secretary of State, and to the Congress, for
international actions that will end overfishing in the
fishery and rebuild the affected stocks, taking into
account the relative impact of vessels of other nations
and vessels of the United States on the relevant
stock.''.
(b) Highly Migratory Species Tagging Research.--Section 304(g)(2)
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in
a commercial fishery managed by a Council under this Act or the Western
and Central Pacific Fisheries Convention Implementation Act,''.
SEC. 407. UNITED STATES CATCH HISTORY.
In establishing catch allocations under international fisheries
agreements, the Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating, and the Secretary of
State, shall ensure that all catch history in a fishery associated with
a vessel of the United States remains with the United States in that
fishery, and is not transferred or credited to any other nation or
vessel of such nation, including when a vessel of the United States is
sold or transferred to a citizen of another nation or to an entity
controlled by citizens of another nation.
SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISHERIES.
(a) In General.--The Secretary, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall designate a
Senate-confirmed, senior official within the National Oceanic and
Atmospheric Administration to perform the duties of the Secretary with
respect to international agreements involving fisheries and other
living marine resources, including policy development and
representation as a U.S. Commissioner, under any such international
agreements.
(b) Advice.--The designated official shall, in consultation with
the Deputy Assistant Secretary for International Affairs and the
Administrator of the National Marine Fisheries Service, advise the
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and
other senior officials of the Department of Commerce and the National
Oceanic and Atmospheric Administration on development of policy on
international fisheries conservation and management matters.
(c) Consultation.--The designated official shall consult with the
Senate Committee on Commerce, Science, and Transportation and the House
Committee on Resources on matters pertaining to any regional or
international negotiation concerning living marine resources, including
shellfish, including before initialing any agreement concerning living
marine resources or attending any official meeting at which management
measures will be discussed, and shall otherwise keep the committees
informed throughout the negotiation process.
(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) Disqualification From Designation.--The Secretary may not
designate an individual under subsection (a) who has directly
represented, aided, or advised a foreign entity (as defined in section
207(f)(3) of title 18, United States Code) in any marine resource
negotiation, or marine resource dispute, with the United States.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Western and Central Pacific
Fisheries Convention Implementation Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) 1982 Convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) Agreement.--The term ``Agreement'' means the Agreement
for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating
to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
established in accordance with this Convention.
(4) Convention area.--The term ``convention area'' means
all waters of the Pacific Ocean bounded to the south and to the
east by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th
parallel of south latitude to its intersection with the 150th
meridian of east longitude; thence due south along the 150th
meridian of east longitude to its intersection with the 60th
parallel of south latitude; thence due east along the 60th
parallel of south latitude to its intersection with the 130th
meridian of west longitude; thence due north along the 130th
meridian of west longitude to its intersection with the 4th
parallel of south latitude; thence due west along the 4th
parallel of south latitude to its intersection with the 150th
meridian of west longitude; thence due north along the 150th
meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means:
(A) searching for, catching, taking, or harvesting
fish.
(B) attempting to search for, catch, take, or
harvest fish.
(C) engaging in any other activity which can
reasonably be expected to result in the locating,
catching, taking, or harvesting of fish for any
purpose.
(D) placing, searching for, or recovering fish
aggregating devices or associated electronic equipment
such as radio beacons.
(E) any operations at sea directly in support of,
or in preparation for, any activity described in
subparagraphs (A) through (D), including transshipment.
(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 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) WCPCF convention; western and central pacific
convention.--The terms ``WCPCF 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, with Annexes, which
was adopted at Honolulu, Hawaii, on September 5, 2000, by the
Multilateral High Level Conference on the Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean.
SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.
(a) In General.--The United States shall be represented on the
Commission by 5 United States Commissioners. The President shall
appoint individuals to serve on the Commission at the pleasure of the
President. In making the appointments, the President shall select
Commissioners from among individuals who are knowledgeable or
experienced concerning highly migratory fish stocks in the Western and
Central Pacific Ocean, one of whom shall be an officer or employee of
the Department of Commerce, and one of whom shall be the chairman or a
member of the Western Pacific Fishery Management Council. The
Commissioners shall be entitled to adopt such rules of procedures as
they find necessary and to select a chairman from among members who are
officers or employees of the United States Government.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to time and
for periods of time deemed appropriate Alternate United States
Commissioners to the Commission. Any Alternate United States
Commissioner may exercise at any meeting of the Commission, Council,
any Panel, or the advisory committee established pursuant to subsection
(d), all powers and duties of a United States Commissioner in the
absence of any Commissioner appointed pursuant to subsection (a) of
this section for whatever reason. The number of such Alternate United
States Commissioners that may be designated for any such meeting shall
be limited to the number of United States Commissioners appointed
pursuant to subsection (a) of this section who will not be present at
such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of--
(A) injury compensation under chapter 81 of title
5, United States Code;
(B) tort claims liability as provided under chapter
171 of title 28 United States Code;
(C) requirements concerning ethics, conflicts of
interest, and corruption as provided under title 18,
United States Code; and
(D) 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 United States
Commissioners who shall select such individuals
from the various groups concerned with the
fisheries covered by the WCPFC Convention,
providing, to the maximum extent practicable,
an equitable balance among such groups;
(ii) the chair of the Western Pacific
Fishery Management Council's Advisory Committee
or the chair's designee; and
(iii) officials of the fisheries management
authorities of American Samoa, Guam, and the
Northern Mariana Islands (or their designees).
(B) Terms and privileges.--Each member of the
advisory committee appointed under subparagraph (A)
shall serve for a term of 2 years and shall be eligible
for reappointment. Members of the advisory committee
may attend all public meetings of the Commission,
Council, or any Panel to which they are invited by the
Commission, Council, or any Panel. The advisory
committee shall be invited to attend all non-executive
meetings of the United States Commissioners and at such
meetings shall be given opportunity to examine and to
be heard on all proposed programs of investigation,
reports, recommendations, and regulations of the
Commission.
(C) Procedures.--The advisory committee established
by subparagraph (A) shall determine its organization,
and prescribe its practices and procedures for carrying
out its functions under this chapter, the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), and the WCPFC Convention. The
advisory committee shall publish and make available to
the public a statement of its organization, practices,
and procedures. A majority of the members of the
advisory committee shall constitute a quorum. Meetings
of the advisory committee, except when in executive
session, shall be open to the public, and prior notice
of meetings shall be made public in a timely fashion.
and the advisory committee shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(D) Provision of information.--The Secretary and
the Secretary of State shall furnish the advisory
committee with relevant information concerning
fisheries and international fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to advisory committees in a timely manner such
administrative and technical support services as are
necessary for their effective functioning.
(B) Compensation; status; expenses.--Individuals
appointed to serve as a member of an advisory
committee--
(i) shall serve without pay, but while away
from their homes or regular places of business
in the performance of services for the advisory
committee shall be allowed travel expenses,
including per diem in lieu of subsistence, in
the same manner as persons employed
intermittently in the Government service are
allowed expenses under section 5703 of title 5,
United States Code; and
(ii) shall not be considered Federal
employees by reason of their service as members
of an advisory committee, except for purposes
of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28,
United States Code.
(f) Memorandum of Understanding.--For highly migratory species in
the Pacific, the Secretary, in coordination with the Secretary of
State, shall develop a memorandum of understanding with the Western
Pacific, Pacific, and North Pacific Fishery Management Councils, that
specifies the role of the relevant Council or Councils with respect
to--
(1) participation in United States delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States
delegation for presentation to the appropriate international
fishery organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)
SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary and the United
States Commissioners, approve, disapprove, object to, or
withdraw objections to bylaws and rules, or amendments thereof,
adopted by the WCPFC Commission, and, with the concurrence of
the Secretary to approve or disapprove the general annual
program of the WCPFC Commission with respect to conservation
and management measures and other measures proposed or adopted
in accordance with the WCPFC Convention; and
(3) act upon, or refer to other appropriate authority, any
communication referred to in paragraph (1).
SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--The Secretary, in consultation
with the Secretary of State and, with respect to enforcement measures,
the Secretary of the Department in which the Coast Guard is operating,
is authorized to promulgate such regulations as may be necessary to
carry out the United States international obligations under the WCPFC
Convention and this title, including recommendations and decisions
adopted by the Commission. In cases where the Secretary has discretion
in the implementation of one or more measures adopted by the Commission
that would govern fisheries under the authority of a Regional Fishery
Management Council, the Secretary may, to the extent practicable within
the implementation schedule of the WCPFC Convention and any
recommendations and decisions adopted by the Commission, promulgate
such regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(b) Additions to Fishery Regimes and Regulations.--The Secretary
may promulgate regulations applicable to all vessels and persons
subject to the jurisdiction of the United States, including United
States flag vessels wherever they may be operating, on such date as the
Secretary shall prescribe.
SEC. 506. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise
provided for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in--
(A) the administration and enforcement of this
title; and
(B) the conduct of scientific, research, and other
programs under this title;
(3) conduct fishing operations and biological experiments
for purposes of scientific investigation or other purposes
necessary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may
be necessary to implement the WCPFC Convention, subject to
sections 552 and 552a of title 5, United States Code, and
section 402(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b));
(5) if recommended by the United States Commissioners or
proposed by a Council with authority over the relevant fishery,
assess and collect fees, not to exceed three percent of the ex-
vessel value of fish harvested by vessels of the United States
in fisheries managed pursuant to this title, to recover the
actual costs to the United States of management and enforcement
under this title, which shall be deposited as an offsetting
collection in, and credited to, the account providing
appropriations to carry out the functions of the Secretary
under this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United
States Exclusive Economic Zone, under such terms and conditions
as the Secretary may prescribe, and shall remain valid for a
period to be determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note)
(relating to Pacific albacore tuna), and the Atlantic Tunas Convention
Act (16 U.S.C. 971).
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision
of this title is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated into and
made a part of this title.
(d) Confidentiality.--
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and shall not be disclosed, except--
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with
requirements in the Convention and decisions of the
Commission, and, insofar as possible, in accordance
with an agreement with the Commission that prevents
public disclosure of the identity or business of any
person;
(C) to State or Marine Fisheries Commission
employees pursuant to an agreement with the Secretary
that prevents public disclosure of the identity or
business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act.
(2) Use of information.--The Secretary shall, by
regulation, prescribe such procedures as may be necessary to
preserve the confidentiality of information submitted in
compliance with any requirement or regulation under this Act,
except that the Secretary may release or make public any such
information in any aggregate or summary form that does not
directly or indirectly disclose the identity or business of any
person. Nothing in this subsection shall be interpreted or
construed to prevent the use for conservation and management
purposes by the Secretary of any information submitted in
compliance with any requirement or regulation under this Act.
SEC. 507. PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any
regulation or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, or an
applicable permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
the provisions of this title to board a fishing vessel subject
to such person's control for the purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigations, or inspection in
connection with the enforcement of this title or any
regulation, permit, or the Convention;
(5) to resist a lawful arrest for any act prohibited by
this title;
(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
fish taken or retained in violation of this title or any
regulation, permit, or agreement referred to in paragraph (1)
or (2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any chapter prohibited by this
section;
(8) to knowingly and willfully submit to the Secretary
false information (including false information regarding the
capacity and extent to which a United States fish processor, on
an annual basis, will process a portion of the optimum yield of
a fishery that will be harvested by fishery vessels of the
United States), regarding any matter that the Secretary is
considering in the course of carrying out this title;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer one a vessel under this title, or any data collector
employed by the National Marine Fisheries Service or under
contract to any person to carry out responsibilities under this
title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 506(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept, or
furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
(14) to import, in violation of any regulation adopted
pursuant to section 506(a) of this title, any fish in any form
of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any tuna in any form not under regulation but under
investigation by the Commission, during the period such fish
have been denied entry in accordance with the provisions of
section 506(a) of this title.
(b) Entry Certification.--In the case of any fish described in
subsection (a) offered for entry into the United States, the Secretary
of Commerce shall require proof satisfactory to the Secretary that such
fish is not ineligible for such entry under the terms of section 506(a)
of this title.
SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with agencies of the United
States government, any public or private institutions or organizations
within the United States or abroad, and, through the Secretary of
State, the duly authorized officials of the government of any party to
the WCPFC Convention, in carrying out responsibilities under this
title.
(b) Scientific and Other Programs; Facilities and Personnel.--All
Federal agencies are authorized, upon the request of the Secretary, to
cooperate in the conduct of scientific and other programs and to
furnish facilities and personnel for the purpose of assisting the
Commission in carrying out its duties under the WCPFC Convention.
(c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws or regulations of any State,
prevents the Secretary or the Commission from--
(1) conducting or authorizing the conduct of fishing
operations and biological experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the WCPFC
Convention.
(d) State Jurisdiction Not Affected.--Except as provided in
subsection (e) of this section, nothing in this title shall be
construed to diminish or to increase the jurisdiction of any State in
the territorial sea of the United States.
(e) Application of Regulations--
(1) In general.--regulations promulgated under section
506(a) of this title shall apply within the boundaries of any
State bordering on the Convention area if the Secretary has
provided notice to such State, the State does not request an
agency hearing, and the Secretary determines that the State--
(A) has not, within a reasonable period of time
after the promulgation of regulations pursuant to this
title, enacted laws or promulgated regulations that
implement the recommendations of the Commission within
the boundaries of such State; or
(B) has enacted laws or promulgated regulations
that implement the recommendations of the commission
within the boundaries of such State that--
(i) are less restrictive that the
regulations promulgated under section 506(a) of
this title; or
(ii) are not effectively enforced.
(2) Determination by secretary.--The regulations
promulgated pursuant to section 506(a) of this title shall
apply until the Secretary determines that the State is
effectively enforcing within its boundaries measures that are
not less restrictive than the regulations promulgated under
section 506(a) of this title.
(3) Hearing.--If a State requests a formal agency hearing,
the Secretary shall not apply the regulations promulgated
pursuant section 506(a) of this title within that State's
boundaries unless the hearing record supports a determination
under paragraph (1)(A) or (B).
(f) Review of State Laws and Regulations.--To ensure that the
purposes of subsection (e) are carried out, the Secretary shall
undertake a continuing review of the laws and regulations of all States
to which subsection (e) applies or may apply and the extent to which
such laws and regulations are enforced.
SEC. 509. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by American Samoa, Guam, and the Northern
Mariana Islands to the same extent provided to the territories of other
nations.
SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing for
species under the management authority of the Western and Central
Pacific Fisheries Convention that do not carry vessel monitoring
systems capable of communicating with United States enforcement
authorities shall, prior to, or as soon as reasonably possible after,
entering and transiting the Exclusive Economic Zone seaward of Hawaii
and of the Commonwealths, territories, and possessions of the United
States in the Pacific Ocean area--
(1) notify the United States Coast Guard or the National
Marine Fisheries Service Office of Law Enforcement in the
appropriate region of the name, flag state, location, route,
and destination of the vessel and of the circumstances under
which it will enter United States waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place where it
is normally used for fishing and placed where it is not readily
available for fishing; and
(3) where requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be
conducted.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out this title and to
pay the United States' contribution to the Commission under section 5
of part III of the WCPFC Convention.
TITLE VI--PACIFIC WHITING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Pacific Whiting Act of 2006''.
SEC. 602. DEFINITIONS.
In this title:
(1) Advisory panel.--The term ``advisory panel'' means the
Advisory Panel on Pacific Hake/Whiting established by the
Agreement.
(2) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States and the Government
of Canada on Pacific Hake/Whiting, signed at Seattle,
Washington, on November 21, 2003.
(3) Catch.--The term ``catch'' means all fishery removals
from the offshore whiting resource, including landings,
discards, and bycatch in other fisheries.
(4) Joint management committee.--The term ``joint
management committee'' means the joint management committee
established by the Agreement.
(5) Joint technical committee.--The term ``joint technical
committee'' means the joint technical committee established by
the Agreement.
(6) Offshore whiting resource.--The term ``offshore whiting
resource'' means the transboundary stock of Merluccius
productus that is located in the offshore waters of the United
States and Canada except in Puget Sound and the Strait of
Georgia.
(7) Scientific review group.--The term ``scientific review
group'' means the scientific review group established by the
Agreement.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) United states section.--The term ``United States
Section'' means the United States representatives on the joint
management committee.
SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT COMMITTEE.
(a) Representatives.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent
the United States as the United States Section on the joint
management committee. In making the appointments, the Secretary
shall select representatives from among individuals who are
knowledgeable or experienced concerning the offshore whiting
resource. Of these--
(A) 1 shall be an official of the National Oceanic
and Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery
Management Council, appointed with consideration given
to any recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by
the treaty Indian tribes with treaty fishing rights to
the offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector
of the whiting fishing industry concerned with the
offshore whiting resource.
(2) Term of office.--Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed 4
years, except that, of the initial appointments, 2
representatives shall be appointed for terms of 2 years. Any
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that term.
A representative may be appointed for a term of less than 4
years if such term is necessary to ensure that the term of
office of not more than 2 representatives will expire in any
single year. An individual appointed to serve as a
representative is eligible for reappointment.
(3) Chair.--Unless otherwise agreed by all of the 4
representatives, the chair shall rotate annually among the 4
members, with the order of rotation determined by lot at the
first meeting.
(b) Alternate Representatives.--The Secretary, in consultation with
the Secretary of State, may designate alternate representatives of the
United States to serve on the joint management committee. An
alternative representative may exercise, at any meeting of the
committee, all the powers and duties of a representative in the absence
of a duly designated representative for whatever reason.
SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC REVIEW GROUP.
(a) In General.--The Secretary, in consultation with the Secretary
of State, shall appoint no more than 2 scientific experts to serve on
the scientific review group. An individual shall not be eligible to
serve on the scientific review group while serving on the joint
technical committee.
(b) Term.--An individual appointed under subsection (a) shall be
appointed for a term of not to exceed 4 years, but shall be eligible
for reappointment. An individual appointed to fill a vacancy occurring
prior to the expiration of a term of office of that individual's
predecessor shall be appointed to serve for the remainder of that term.
(c) Joint Appointments.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
may appoint to the scientific review group, from a list of names
provided by the advisory panel --
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as scientific experts on the joint
technical committee, at least 1 of whom shall be an official of
the National Oceanic and Atmospheric Administration.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual's predecessor shall be
appointed for the remainder of that term.
(b) Independent Member.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
shall appoint 1 independent member to the joint technical committee
selected from a list of names provided by the advisory panel.
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.
(a) In General.--
(1) Appointment.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as members of the advisory panel,
selected from among individuals who are--
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or
research of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual's predecessor shall be
appointed for the remainder of that term.
SEC. 607. RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary is responsible for carrying out the
Agreement and this title, including the authority, to be exercised in
consultation with the Secretary of State, to accept or reject, on
behalf of the United States, recommendations made by the joint
management committee.
(b) Regulations; Cooperation With Canadian Officials.--In
exercising responsibilities under this title, the Secretary--
(1) may promulgate such regulations as may be necessary to
carry out the purposes and objectives of the Agreement and this
title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 608. RULEMAKING.
(a) Application With Magnuson-Stevens Act.--The Secretary shall
establish the United States catch level for Pacific whiting according
to the standards and procedures of the Agreement and this title rather
than under the standards and procedures of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the
extent necessary to address the rebuilding needs of other species.
Except for establishing the catch level, all other aspects of Pacific
whiting management shall be--
(1) subject to the Magnuson-Stevens Fishery Conservation
and Management Act; and
(2) consistent with this title.
(b) Joint Management Committee Recommendations.--For any year in
which both parties to the Agreement approve recommendations made by the
joint management committee with respect to the catch level, the
Secretary shall implement the approved recommendations. Any regulation
promulgated by the Secretary to implement any such recommendation shall
apply, as necessary, to all persons and all vessels subject to the
jurisdiction of the United States wherever located.
(c) Years With No Approved Catch Recommendations.--If the parties
to the Agreement do not approve the joint management committee's
recommendation with respect to the catch level for any year, the
Secretary shall establish the total allowable catch for Pacific whiting
for the United States catch. In establishing the total allowable catch
under this subsection, the Secretary shall--
(1) take into account any recommendations from the Pacific
Fishery Management Council, the joint management committee, the
joint technical committee, the scientific review group, and the
advisory panel;
(2) base the total allowable catch on the best scientific
information available;
(3) use the default harvest rate set out in paragraph 1 of
Article III of the Agreement unless the Secretary determines
that the scientific evidence demonstrates that a different rate
is necessary to sustain the offshore whiting resource; and
(4) establish the United State's share of the total
allowable catch based on paragraph 2 of Article III of the
Agreement and make any adjustments necessary under section 5 of
Article II of the Agreement.
SEC. 609. ADMINISTRATIVE MATTERS.
(a) Employment Status.--Individuals serving as such Commissioners,
other than officers or employees of the United States Government, shall
be considered to be Federal employees while performing such service,
only for purposes of--
(1) injury compensation under chapter 81 of title 5, United
States Code;
(2) tort claims liability as provided under chapter 171 of
title 28 United States Code;
(3) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States Code;
and
(4) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2), an
individual appointed under this title shall receive no
compensation for the individual's service as a representative,
alternate representative, scientific expert, or advisory panel
member under this title.
(2) Scientific review group.--Notwithstanding paragraph
(1), the Secretary may employ and fix the compensation of an
individual appointed under section 604(a) to serve as a
scientific expert on the scientific review group who is not
employed by the United States government, a State government,
or an Indian tribal government in accordance with section 3109
of title 5, United States Code.
(c) Travel Expenses.--Except as provided in subsection (d), the
Secretary shall pay the necessary travel expenses of individuals
appointed under this title in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent members of
the scientific review group and the 2 public advisors to the scientific
review group jointly appointed under section 604(c), and the 1
independent member to the joint technical committee jointly appointed
under section 605(b), the Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
SEC. 610. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in the
administration and enforcement of this title; and
(3) collect, utilize, and disclose such information as may
be necessary to implement the Agreement and this title, subject
to sections 552 and 552a of title 5, United States Code.
(b) Prohibited Acts.--It is unlawful for any person to violate any
provision of this title or the regulations promulgated under this
title.
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision
of this title is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated into and
made a part of this title.
(d) Penalties.--This title shall be enforced by the Secretary as if
a violation of this title or of any regulation promulgated by the
Secretary under this title were a violation of section 307 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857).
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out the obligations of the United States
under the Agreement and this title.
Passed the Senate June 19, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2012
_______________________________________________________________________
AN ACT
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal
years 2006 through 2012, and for other purposes.