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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-567

======================================================================



 
     AMERICAN FISHERIES MANAGEMENT AND MARINE LIFE ENHANCEMENT ACT

                                _______
                                

 July 17, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5018]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5018) to reauthorize the Magnuson-Stevens Fishery 
Conservation and Management Act, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE: AMENDMENT REFERENCES.

  (a) Short Title.--The Act may be cited as the ``American Fisheries 
Management and Marine Life Enhancement Act''.
  (b) Amendment of Magnuson-Stevens Fishery Conservation and Management 
Act.--Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed as an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq).

SEC. 2. TECHNICAL CORRECTIONS TO DEFINITIONS.

  (a) Execution of Prior Amendments.--
          (1) Continental shelf fishery resources.--Section 102(2) of 
        the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 
        3561) is amended--
                  (A) by striking ``COELENTERATA'' and inserting 
                ``COELENTERATA'';
                  (B) by striking ``CNIDARIA'' and inserting 
                ``CNIDARIA''; and
                  (C) by striking ``CRUSTACEA'' and inserting 
                ``CRUSTACEA''.
          (2) United states harvested fish.--Section 102(11) of the 
        Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) 
        is amended by striking ``(42)'' and inserting ``(43)''.
          (3) Effective date.--This subsection shall take effect on the 
        effective date of section 102 of Public Law 104-297.
  (b) Corrections Relating to Special Areas.--Section 3 (16 U.S.C. 
1802) is amended--
          (1) by striking paragraphs (35) and (36);
          (2) by redesignating paragraphs (37) through the last 
        paragraph (relating to the definition of ``waters of a foreign 
        nation'') in order as paragraphs (35) through (44);
          (3) by inserting ``(a) General Definitions.--'' before ``As 
        used in this Act''; and
          (4) by adding at the end the following:
  ``(b) Terms Relating to Agreement With the Former Soviet Union.--As 
used in this Act the term `special areas' means the areas referred to 
as eastern special areas in Article 3(1) of the Agreement between the 
United States of America and the Union of Soviet Socialist Republics on 
the Maritime Boundary, signed June 1, 1990. In particular, the term 
refers to those areas east of the maritime boundary, as defined in that 
Agreement, that lie within 200 nautical miles of the baselines from 
which the breadth of the territorial sea of Russia is measured but 
beyond 200 nautical miles of the baselines from which the breadth of 
the territorial sea of the United States is measured.''.

SEC. 3. SCIENCE-BASED IMPROVEMENTS TO MANAGEMENT.

  (a) Harvest Level Caps.--
          (1) Mechanism.--Section 303(a) (16 U.S.C. 1853(a)) is amended 
        by striking ``and'' after the semicolon at the end of paragraph 
        (13), by striking the period at the end of paragraph (14) and 
        inserting a semicolon, and by adding at the end the following:
          ``(15) provide a mechanism for specifying the total allowable 
        catch or another annual catch limit under the plan (including 
        for a multiyear plan) for each fishery for which an annual 
        catch limit can be established, that--
                  ``(A) is based on the best scientific information 
                available; and
                  ``(B) in the case of a plan issued by a Council, does 
                not exceed the acceptable biological catch level 
                recommended by the scientific and statistical committee 
                of the Council;''.
          (2) Requirement to adopt.--Section 302(h) (16 U.S.C. 1852(h)) 
        is amended by striking ``and'' after the semicolon at the end 
        of paragraph (5), by striking the period at the end of 
        paragraph (6) and inserting a semicolon, and by adding at the 
        end the following:
          ``(7) adopt a total allowable catch limit or other annual 
        harvest effort control limit for each of the fisheries for 
        which such a limit can be established, after considering the 
        recommendation of the scientific and statistical committee of 
        the Council having jurisdiction over the fishery, which shall 
        not exceed the recommendation for the acceptable biological 
        catch as recommended by such scientific and statistical 
        committee; and''.
          (3) Conforming amendment.--Section 303(b)(11) (16 U.S.C. 
        1853(b)(11)) is amended by striking ``allowable biological 
        catch'' and inserting ``acceptable biological catch''.
  (b) Best Scientific Information Available.--Section 303 (16 U.S.C. 
1853) is amended by adding at the end the following:
  ``(d) Best Scientific Information Available.--The Secretary shall 
develop guidelines for the Councils to use in determining what is the 
best scientific information available. The Secretary shall base these 
guidelines on the recommendations for guidelines developed by the Ocean 
Studies Board of the National Research Council in its report titled 
`Improving the Use of the Best Scientific Information Available, 
Standard in Fisheries Management'.''.
  (c) Scientific and Statistical Committees.--Section 302(g)(1) (16 
U.S.C. 1852(g)(1)) is amended by inserting ``(A)'' before ``Each 
Council'', and by adding at the end the following:
          ``(B) Each scientific and statistical committee shall provide 
        its Council ongoing scientific advice for fishery management 
        decisions, including recommendations for acceptable biological 
        catch and for the maximum sustainable yield for each fishery 
        under the jurisdiction of the Council, and reports on stock 
        status and health, bycatch, habitat status, socio-economic 
        impacts of management measures, and sustainability of fishing 
        practices.
          ``(C) Members appointed to the scientific and statistical 
        committees shall be Federal employees, State employees, 
        academicians, or independent experts with strong scientific or 
        technical credentials and experience.
          ``(D) In addition to payments authorized by subsection 
        (f)(7), the Secretary shall pay a stipend to members of the 
        scientific and statistical committees who are not employed by 
        the Federal Government or a State government agency.
          ``(E) A science and statistical committee shall hold its 
        meetings in conjunction with the meetings of the Council, to 
        the extent practicable.''.
  (d) Scientific Research Priorities.--Section 302(h) (16 U.S.C. 
1852(h)) is further amended by adding at the end the following:
          ``(8) develop, in conjunction with the scientific and 
        statistical committee, multi-year research priorities for 
        fisheries, fisheries interactions, habitats, and other areas of 
        research that are necessary for management purposes, that 
        shall--
                  ``(A) establish priorities for 5-year periods;
                  ``(B) be updated as necessary; and
                  ``(C) be submitted to the Secretary and the regional 
                science centers of the National Marine Fisheries 
                Service for their consideration in developing research 
                priorities and budgets for the region of the 
                Council.''.
  (e) Cooperative Research Authority.--
          (1) Discretionary provisions in fishery management plans.--
        Section 303(b) (16 U.S.C. 1853(b)) is amended by striking 
        ``and'' after the semicolon at the end of paragraph (11), by 
        striking the period at the end of paragraph (12) and inserting 
        a semicolon, and by adding at the end the following:
          ``(13) include provisions to create a cooperative research 
        component including the use of commercial fishing, charter 
        fishing, or recreational fishing vessels for the gathering of 
        data on stock abundance, composition, distribution, or other 
        relevant information important for the implementation of the 
        plan;''.
          (2) Cooperative research by secretary.--Section 404 (16 
        U.S.C. 1881c) is amended by adding at the end the following:
  ``(e) Cooperative Research by Secretary.--The research program under 
subsection (a) may include cooperative research using commercial 
fishing, charter fishing, or recreational fishing vessels for the 
gathering of data on stock abundance, composition, distribution, or 
other relevant information.''.
          (3) Preserving fishing privileges.--Section 404 (16 U.S.C. 
        1881c) is further amended by adding at the end the following:
  ``(f) Preserving Fishing Privileges.--The Secretary shall ensure 
that--
          ``(1) fishing vessels participating in research activities 
        conducted pursuant to section 303(b)(13) or title IV do not 
        lose allocated fishing privileges (such as days at sea) based 
        on the research activities, unless loss of such privileges is a 
        part of the research plan under which the vessel participates; 
        and
          ``(2) catch history of a vessel during such research 
        activities at any time when the vessel is sacrificing fishing 
        time in an open season shall accrue to the vessel, unless loss 
        of such accrual is part of such research plan.''.
  (f) Regional Stock Assessments.--
          (1) In general.--Title IV (16 U.S.C. 1881 et seq.) is amended 
        by adding at the end the following:

``SEC. 408. REGIONAL STOCK ASSESSMENTS.

  ``(a) In General.--The Secretary shall conduct periodic regional 
assessments of stocks of fish.
  ``(b) Independent Review.--The Secretary shall ensure that each 
periodic assessment under this section is independently reviewed in a 
manner that--
          ``(1) will not delay the process of providing to Regional 
        Fishery Management Councils current assessments for use in 
        managing fisheries; and
          ``(2) is as transparent as possible, so that interested 
        members of the public can provide input during the review 
        process.''.
          (2) Clerical amendment.--The table of contents in the first 
        section is further amended by adding at the end of the items 
        relating to title IV the following:

``Sec. 408. Regional stock assessments.''.

          (3) Regional stock assessments and peer review.--Section 
        302(g) (16 U.S.C. 1852(g)) is amended by adding at the end the 
        following:
          ``(6) Peer review process.--
                  ``(A) The Secretary and each Council shall establish 
                a peer review process for scientific information used 
                to advise the Secretary or the Council, respectively, 
                about the conservation and management of fisheries.
                  ``(B) The Secretary and each Council shall ensure 
                that the peer review process established under this 
                paragraph--
                          ``(i) to the extent practicable, will not 
                        delay the process of providing to the Council 
                        or the Secretary, respectively, current 
                        information for use in managing fisheries; and
                          ``(ii) is as transparent as possible, so that 
                        interested members of the public can provide 
                        input during the review process.''.

SEC. 4. DATA COLLECTION.

  (a) Authority to Require VMS.--Section 305 (16 U.S.C. 1855) is 
amended by adding at the end the following:
  ``(j) Authority to Require VMS.--The Secretary may require, if 
requested to do so by a Council, a Vessel Monitoring System or other 
similar electronic monitoring technology for a fishery or specific 
sectors of a fishery under the jurisdiction of the Council. To the 
extent that the technology is required for enforcement or data 
collection purposes for a limited access privilege management system, 
the cost of such a system shall be included in the costs that are 
considered in determining the amount of any fee required under this Act 
to be paid to participate in the fishery. Any information collected 
under this subsection shall be treated as confidential and exempt from 
disclosure under section 402(b).''.
  (b) Recreational Data Collection.--
          (1) Establishment of program.--Within 24 months after the 
        date of enactment of this Act, the Secretary of Commerce shall 
        establish a program to improve the quality and accuracy of 
        information generated by National Marine Fisheries Service 
        recreational fishing data collection programs, with a goal 
        achieving accurate, useful, and improved data for each 
        individual fishery. The program shall include--
                  (A) an increased number of intercepts above current 
                baselines established by the National Marine Fisheries 
                Service to accurately estimate recreational catch and 
                effort;
                  (B) use of surveys that target anglers registered at 
                the State level to collect participation and effort 
                data;
                  (C) collection and analysis of vessel trip report 
                data from for-hire vessels including party, head, and 
                charter fishing vessels;
                  (D) development of a weather corrective factor that 
                can be applied to recreational catch and effort 
                estimates;
                  (E) an independent committee composed of recreational 
                fishermen, other stakeholders, academia, persons with 
                expertise in stock assessments and survey design, and 
                appropriate National Marine Fisheries Service 
                personnel, to review data collection estimates and 
                geographic and temporal issues, among other variables, 
                related to intercepts, prior to the finalization of the 
                catch estimates; and
                  (F) identification of deficiencies in recreational 
                data collection (including with respect to fishing on 
                private property, night-time fishing, and random digit 
                dialing) and develop sampling methods to correct the 
                deficiencies.
          (2) Prohibition of fees.--The Secretary shall not impose any 
        new fees on recreational fishermen for the purposes of data 
        collection.
          (3) Report.--The Secretary of Commerce shall report to the 
        Congress within 18 months after the date of the enactment of 
        this Act, on--
                  (A) the progress made in developing such a program;
                  (B) whether the program has resulted in significantly 
                better data for management of recreational fishing, and 
                if not, plans to correct problems in achieving that 
                result; and
                  (C) actions to continue to make improvements in data 
                collection.
          (4) Authorization of approproiations.--To carry out this 
        section there is authorized to be appropriated to the Secretary 
        of Commerce $5,000,000 for each of fiscal years 2007 through 
        2011.
  (c) Confidentiality of Information.--
          (1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is 
        amended to read as follows:
  ``(b) Confidentiality of Information.--
          ``(1) In general.--Any information submitted to the Secretary 
        by any person in compliance with any requirement under this Act 
        shall be confidential and shall not be disclosed, except--
                  ``(A) to Federal employees and Council employees who 
                are responsible for fishery management plan development 
                and monitoring;
                  ``(B) to State or Marine Fisheries Commission 
                employees--
                          ``(i) as necessary for achievement of the 
                        purposes of this Act; and
                          ``(ii) in accordance with a confidentiality 
                        agreement between the State or Commission, as 
                        appropriate, and the Secretary that prevents 
                        public disclosure of the identity or business 
                        of any person;
                  ``(C) when required by court order;
                  ``(D) when such information is used by State, 
                Council, or Marine Fisheries Commission employees to 
                verify catch under a limited access privilege program, 
                but only to the extent that such use is consistent with 
                subparagraph (B);
                  ``(E) if such information is required to be submitted 
                to the Secretary for any determination under a limited 
                access program;
                  ``(F) that observer information collected in 
                fisheries under the authority of the North Pacific 
                Council may be released to the public as specified in a 
                fishery management plan or regulation for weekly 
                summary bycatch information identified by vessel, and 
                for haul-specific bycatch information without vessel 
                identification; or
                  ``(G) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to persons for 
                reasons not otherwise provided for in this subsection, 
                and such release does not violate other requirements of 
                this Act.
          ``(2) Procedures to preserve confidentiality.--The Secretary 
        shall, by regulation, prescribe such procedures as may be 
        necessary to preserve the confidentiality of any observer 
        information, information produced by a vessel monitoring 
        system, or information produced by other technology used on-
        board a vessel for enforcement or data collection purposes, 
        that is submitted in compliance with any requirement or 
        regulation under this Act, except that the Secretary may 
        release or make public--
                  ``(A) any such information that in any aggregate or 
                summary form that does not directly or indirectly 
                disclose the identity or business of any person who 
                submits such information.
                  ``(B) any such information when it is necessary in 
                proceedings to adjudicate observer certifications; and
                  ``(C) any such information as authorized by any 
                regulations issued under paragraph (4) allowing the 
                collection of observer information, pursuant to a 
                confidentiality agreement between the observers, 
                observer employers, and the Secretary prohibiting 
                disclosure of the information by the observers or 
                observer employers, for purposes of--
                          ``(i) allowing the sharing of observer 
                        information among observers and between 
                        observers and observer employers as necessary 
                        to train and prepare observers for deployments 
                        on specific vessels; or
                          ``(ii) validating the accuracy of the 
                        observer information collected.
          ``(3) Use for conservation and management purposes.--Nothing 
        in this subsection shall be interpreted or construed to prevent 
        the use for conservation and management purposes by the 
        Secretary, or with the approval of the Secretary, the Council, 
        of any information submitted in compliance with any requirement 
        or regulation under this Act or the use, release, or 
        publication of bycatch information pursuant to paragraph 
        (1)(F).
          ``(4) Memorandum of understanding.--The Secretary may enter 
        into a memorandum of understanding with the heads of other 
        Federal agencies for the sharing of confidential information 
        for purposes of this Act, such as information produced by 
        vessel monitoring systems or other electronic monitoring 
        systems, if the Secretary determines there is a compelling need 
        to do so and if the heads of the other Federal agencies agree 
        to maintain the confidentiality of the information in 
        accordance with the requirements that apply to the Secretary 
        under this section.''.
          (2) Conforming amendment.--Section 404(c)(4) (16 U.S.C. 
        1881c(c)(4)) is amended by striking ``under section 401''.
          (3) Definitions.--Section 3 (16 U.S.C. 1802) is further 
        amended in subsection (a)--
                  (A) by inserting after paragraph (4) the following:
          ``(4A) The term `confidential information' means--
                  ``(A) trade secrets; or
                  ``(B) commercial or financial information the 
                disclosure of which is likely to result in substantial 
                harm to the competitive position of the person who 
                submitted the information to the Secretary.''; and
                  (B) by inserting after paragraph (27) the following:
          ``(27A) The term `observer information' means any information 
        collected, observed, retrieved, or created by an observer or 
        electronic monitoring system pursuant to authorization by the 
        Secretary, or collected as part of a cooperative research 
        initiative, including fish harvest or fish processing 
        observations, fish sampling or weighing data, vessel logbook 
        data, vessel- or fish processor-specific information (including 
        any safety, location, or operating condition observations), and 
        video, audio, photographic, or written documents.''.
  (d) Socioeconomic Data Collection Activities.--Section 402 (16 U.S.C. 
1881a) is further amended by adding at the end the following:
  ``(f) Socioeconomic Data Collection.--
          ``(1) The Secretary may provide funds to Councils to carry 
        out collection of socioeconomic data, including information on 
        fishermen and fishing communities, necessary to carry out the 
        functions of the Councils.
          ``(2) To carry out this subsection there is authorized to be 
        appropriated to the Secretary, in addition to other amounts 
        authorized, $2,000,000 for each fiscal year.''.
  (e) Need for More Frequent Stock Surveys.--The Secretary of 
Commerce--
          (1) shall determine the need for more frequent surveys of 
        stocks of fish, and whether State agencies or cooperative 
        research activities can fill the data gaps identified; and
          (2) submit a report to the Congress on the current activities 
        and the needs for such surveys, by not later than 2 years after 
        the date of the enactment of this Act.

SEC. 5. COUNCIL OPERATIONS AND AUTHORITIES.

  (a) Council Appointments.--Section 302(b)(2)(C) (16 U.S.C. 
1852(b)(2)(C)) is amended by inserting after the first sentence the 
following: ``A Governor may submit the names of individuals from 
academia, or other public interest areas including conservation 
organizations and the seafood consuming public, if the Governor has 
determined that each such individual is qualified under the 
requirements of subparagraph (A).''.
  (b) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
  ``(k) Council Training Program.--
          ``(1) Training course.--Within 6 months after the date of the 
        enactment of the American Fisheries Management and Marine Life 
        Enhancement Act, the Secretary, in consultation with the 
        Councils and the National Sea Grant College Program, shall 
        develop a training course for newly appointed Council members. 
        The course may cover a variety of topics relevant to matters 
        before the Councils, including--
                  ``(A) fishery science and basic stock assessment 
                methods;
                  ``(B) fishery management techniques, data needs, and 
                Council procedures;
                  ``(C) social science and fishery economics;
                  ``(D) tribal treaty rights and native customs, 
                access, and other rights related to Western Pacific 
                indigenous communities;
                  ``(E) legal requirements of this Act, including 
                conflict of interest and disclosure provisions of this 
                section and related policies;
                  ``(F) other relevant legal and regulatory 
                requirements, including the National Environmental 
                Policy Act (42 U.S.C. 4321 et seq.);
                  ``(G) public process for development of fishery 
                management plans;
                  ``(H) recreational and commercial fishing information 
                including fish harvesting techniques, gear types, 
                fishing vessel types, and economics, for the fisheries 
                within each Council's jurisdiction; and
                  ``(I) other topics suggested by the Council.
          ``(2) Member training.--The training course--
                  ``(A) shall be available to both new and existing 
                Council members, staff from the regional offices and 
                regional science centers of the National Marine 
                Fisheries Service; and
                  ``(B) may be made available to committee or advisory 
                panel members as resources allow.
          ``(3) Required training.--Council members appointed after the 
        date of the enactment of the American Fisheries Management and 
        Marine Life Enhancement Act must complete the training course 
        developed under this subsection.''.
  (c) Authority to Develop Ecosystem-Based Fishery Management Plans.--
Section 303(b) (16 U.S.C. 1853(b)) is further amended by adding at the 
end the following:
          ``(14) contain research, conservation, and management 
        measures that encompass more than one fishery and are for the 
        purpose of managing the fishery resources concerned under an 
        ecosystem-based management system;''.
  (d) Authority to Require Vessel Monitoring Systems.--Section 303(b) 
(16 U.S.C. 1853(b)) is further amended by adding at the end the 
following:
          ``(15) require a Vessel Monitoring System or other similar 
        electronic monitoring technology for the purposes of enforcing, 
        monitoring, or collecting data from a fishery or fishery 
        sector;''.
  (e) Observer Funding Clarification.--Section 303 (16 U.S.C. 1853) is 
further amended by adding at the end the following:
  ``(e) Observer Provisions.--
          ``(1) Costs.--Costs for observer coverage that is primarily 
        for the enforcement of a fishery management plan or for data 
        collection necessary for the monitoring of a fishery--
                  ``(A) shall be paid for by the Secretary; and
                  ``(B) under a limited access program, may be 
                considered as a cost to be recovered under the 
                authority of section 303A(e)(2).
          ``(2) Liability for sanctions.--A fishing vessel that is 
        required to have an observer onboard pursuant to section 
        303(b)(8), the owner or operator of such a fishing vessel, and 
        the United States shall not be liable for any sanction imposed 
        on the observer for actions of the observer in the course of 
        performance of duties as an observer.''.
  (f) Incentives.--Section 303(b) (16 U.S.C. 1853(b)) is further 
amended by adding at the end the following:
          ``(16) establish a system of incentives to reduce total 
        bycatch and seabird interaction, bycatch rates, and post-
        release mortality in fisheries under the Council's or 
        Secretary's jurisdiction, including--
                  ``(A) measures to incorporate bycatch into quotas, 
                including the establishment of collective or individual 
                bycatch quotas;
                  ``(B) measures to promote the use of gear with 
                verifiable and monitored low bycatch and seabird 
                interaction rates; and
                  ``(C) measures that, based on the best scientific 
                information available, will reduce bycatch and seabird 
                interaction, bycatch mortality, post-release mortality, 
                or regulatory discards in the fishery; and''.
  (g) Marine Protected Areas Authority.--
          (1) Discretionary authority.--Section 303(b) (16 U.S.C. 
        1853(b)) is further amended by adding at the end the following:
          ``(17) designate closed areas, seasonal closures, time/area 
        closures, gear restrictions, or other methods for limiting 
        impacts on habitat, limit bycatch impacts of gear, or limit 
        fishing impact on spawning congregations in specific geographic 
        areas.''.
          (2) Requirements.--Section 303(a) (16 U.S.C. 1853(a)) is 
        further amended by adding at the end the following:
          ``(16) with respect to any closure of an area to all 
        fisheries managed under this Act, include provisions that 
        ensure that such closure--
                  ``(A) is based on the best scientific information 
                available;
                  ``(B) includes criteria to assess the conservation 
                benefit of the closed area;
                  ``(C) establishes a timetable for review of the 
                closed area's performance that is consistent with the 
                purposes of the closed area; and
                  ``(D) is based on an assessment of the benefits and 
                impacts of the closure, including its size, in relation 
                to other management measures (either alone or in 
                combination with such measures), including the benefits 
                and impacts of limiting access to--
                          ``(i) users of the area;
                          ``(ii) overall fishing activity;
                          ``(iii) fishery science; and
                          ``(iv) fishery and marine conservation; 
                        and''.
  (h) Framework Authority.--Section 304 (16 U.S.C. 1854) is amended by 
adding at the end the following:
  ``(i) Alternative Procedural Mechanisms.--
          ``(1) In a fishery management plan or amendment, the Council 
        or Secretary, as appropriate, may develop alternative 
        procedural mechanisms to be used in lieu of plan amendments for 
        implementing conservation and management measures.
          ``(2) Such mechanisms may allow for abbreviated processes for 
        the implementation of regulations or other actions as 
        appropriate.
          ``(3) Alternative procedural mechanisms shall only be 
        approved or adopted for use in situations in which--
                  ``(A) the conservation and management measures are 
                within the scope of conservation and management 
                measures established in an existing fishery management 
                plan;
                  ``(B) otherwise applicable regulatory processes are 
                not sufficient to allow timely and efficient 
                implementation of conservation and management measures 
                in response to new information; and
                  ``(C) notice of the conservation and management 
                measures is provided appropriate to the significance of 
                the expected impacts on affected fishery resources and 
                on the participants in the fishery.
          ``(4) Any final agency action taken pursuant to the 
        alternative procedural mechanism must be promptly published in 
        the Federal Register.''.
  (i) Council Meeting Notice.--
          (1) Regular and emergency meetings.--The first sentence of 
        section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
                  (A) by striking ``published in local newspapers'' and 
                inserting ``provided by any means that will result in 
                wide publicity (except that e-mail notification and Web 
                site postings alone are not sufficient)''; and
                  (B) by striking ``fishery) and such notice may be 
                given by such other means as will result in wide 
                publicity.'' and inserting ``fishery).''.
          (2) Closed meetings.--Section 302(i)(3)(B) (16 U.S.C. 
        1852(i)(3)(B)) is amended by striking ``notify local 
        newspapers'' and inserting ``provide notice by any means that 
        will result in wide publicity''.
  (j) Caribbean Council Jurisdiction.--Section 302(a)(1)(D) (16 U.S.C. 
1852(a)(1)(D)) is amended by inserting ``and of commonwealths, 
territories, and possessions of the United States in the Caribbean 
Sea'' after ``seaward of such States''.
  (k) Council Coordination Committee.--Section 302 (16 U.S.C. 1852) is 
further amended by adding at the end the following:
  ``(l) Council Coordination Committee.--The Councils may establish a 
Council coordination committee to discuss issues of relevance to all 
Councils, including issues related to the implementation of this Act. 
The committee shall consist of the chairs, vice chairs, and executive 
directors of each of the Councils described in subsection (a)(1), or 
other Council members or staff.''.

SEC. 6. ECOSYSTEM-BASED FISHERY MANAGEMENT.

  (a) Policy.--Section 2(c) (16 U.S.C. 1851(c)) is amended by striking 
``and'' after the semicolon at the end of paragraph (6), by striking 
the period at the end of paragraph (7) and inserting ``; and'', and by 
adding at the end the following:
          ``(8) to support and encourage efforts to understand the 
        interactions of species in the marine environment and the 
        development of ecosystem-based approaches to fisheries 
        conservation and management that will lead to better 
        stewardship and sustainability of the Nation's coastal fishery 
        resources and fishing communities.''.
  (b) Authorization of Research.--Section 404(c) (16 U.S.C. 1881c(c)) 
is amended by adding at the end the following:
          ``(5) The interaction of species in the marine environment, 
        and the development of ecosystem-based approaches to fishery 
        conservation and management that will lead to better 
        stewardship and sustainability of coastal fishery resources.''.
  (c) Regulations Defining Terms.--The Secretary of Commerce shall, in 
conjunction with the Regional Fishery Management Councils and based on 
the recommendations of the Ecosystems Principles Advisory Panel in the 
report entitled ``Ecosystem-based Fishery Management'' and dated April 
1999, and after provision of notice and an opportunity for public 
comment, issue regulations that establish definitions of the terms 
``ecosystem'' and ``marine ecosystem'' for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).
  (d) Regional Ecosystem Research.--Section 406 (16 U.S.C. 1882) is 
amended by adding at the end the following:
  ``(f) Regional Ecosystem Research.--
          ``(1) Study.--Within 180 days after the date of enactment of 
        the American Fisheries Management and Marine Life Enhancement 
        Act, the Secretary, in consultation with the Councils, shall 
        undertake and complete a study on the state of the science for 
        advancing the concepts and integration of ecosystem 
        considerations in regional fishery management. The study should 
        build upon the recommendations of the advisory panel and 
        include--
                  ``(A) recommendations for scientific data, 
                information and technology requirements for 
                understanding ecosystem processes, and methods for 
                integrating such information from a variety of Federal, 
                State, and regional sources;
                  ``(B) recommendations for processes for incorporating 
                broad stake holder participation;
                  ``(C) recommendations for processes to account for 
                effects of environmental variation on fish stocks and 
                fisheries; and
                  ``(D) a description of existing and developing 
                Council efforts to implement ecosystem approaches, 
                including lessons learned by the Councils.
          ``(2) Identification of marine ecosystems; research plan.--
                  ``(A) In general.--Within one year after the date of 
                the publication of the study under paragraph (1), the 
                Secretary, in conjunction with the regional science 
                centers of the National Marine Fisheries Service and 
                the Councils, shall--
                          ``(i) identify specific marine ecosystems 
                        within each region for which a Council is 
                        established by section 302(a); and
                          ``(ii) develop and begin to implement 
                        regional research plans to address the 
                        information deficiencies identified by the 
                        study.
                  ``(B) Research plans.--The research plans shall 
                suggest reasonable timeliness and cost estimates for 
                the collection of the required information.
                  ``(C) Reports.--The Secretary shall report to the 
                Congress annually on the progress of the regional 
                research plans.
          ``(3) Agency technical advice and assistance, regional pilot 
        programs.--The Secretary is authorized to provide necessary 
        technical advice and assistance, including grants, to the 
        Councils for the development and design of regional pilot 
        programs that build upon the recommendations of the advisory 
        panel and, when completed, the study.''.

SEC. 7. LIMITED ACCESS PRIVILEGE PROGRAMS.

  (a) In General.--
          (1) Authorization of programs.--Title III (16 U.S.C. 1851 et 
        seq.) is amended--
                  (A) by striking section 303(d); and
                  (B) by inserting after section 303 the following:

``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

  ``(a) In General.--After the date of enactment of the American 
Fisheries Management and Marine Life Enhancement Act, a Council may 
submit, and the Secretary may approve, for a fishery that is managed 
under a limited access system, a limited access privilege program to 
harvest fish if the program meets the requirements of this section.
  ``(b) No Creation of Right, Title, or Interest.--A limited access 
system, limited access privilege, quota share, or other authorization 
established, implemented, or managed under this Act--
          ``(1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
          ``(2) may be revoked, limited, or modified at any time in 
        accordance with this Act, including revocation for failure to 
        comply with the terms of the plan or if the system is found to 
        have jeopardized the sustainability of the stock or the safety 
        of fishermen;
          ``(3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, or other 
        such limited access system authorization if it is revoked, 
        limited, or modified;
          ``(4) shall not create, or be construed to create, any right, 
        title, or interest in or to any fish before the fish is 
        harvested by the holder; and
          ``(5) shall be considered a grant of permission to the holder 
        of the limited access privilege or quota share to engage in 
        activities permitted by such limited access privilege or quota 
        share.
  ``(c) Requirements for Limited Access Privileges.--
          ``(1) In general.--In addition to complying with the other 
        requirements of this Act, any limited access privilege program 
        to harvest fish submitted by a Council or approved by the 
        Secretary under this section shall--
                  ``(A) if established in a fishery that is overfished 
                or subject to a rebuilding plan, assist in its 
                rebuilding;
                  ``(B) if established in a fishery that is determined 
                by the Secretary or the Council to have over-capacity, 
                contribute to reducing capacity;
                  ``(C) promote--
                          ``(i) the safety of human life at sea; and
                          ``(ii) the conservation and management of the 
                        fishery;
                  ``(D) prohibit any person other than a United States 
                citizen, a corporation, partnership, or other entity 
                established under the laws of the United States or any 
                State, or a permanent resident alien, that meets the 
                eligibility and participation requirements established 
                in the program from acquiring a privilege to harvest 
                fish;
                  ``(E) specify the goals of the program;
                  ``(F) include provisions for the regular monitoring 
                and review by the Council and the Secretary of the 
                operations of the program, including determining 
                progress in meeting the goals of the program and this 
                Act, and any necessary modification of the program to 
                meet those goals, with a formal and detailed review 5 
                years after the establishment of the program and every 
                5 years thereafter;
                  ``(G) include an effective system for enforcement, 
                monitoring, and management of the program, including 
                the use of observers;
                  ``(H) include an appeals process for administrative 
                review of determinations with respect to the 
                Secretary's decisions regarding administration of the 
                limited access privilege program; and
                  ``(I) provide for the revocation by the Secretary of 
                limited access privileges held by any person found to 
                have violated the antitrust laws of the United States.
          ``(2) Fishing communities.--
                  ``(A) In general.--
                          ``(i) Eligibility.--To be eligible to 
                        participate in a limited access privilege 
                        program to harvest fish, a fishing community 
                        shall--
                                  ``(I) be located within the 
                                management area of the relevant 
                                Council;
                                  ``(II) meet criteria developed by the 
                                relevant Council, approved by the 
                                Secretary, and published in the Federal 
                                Register;
                                  ``(III) consist of residents of the 
                                management area of the relevant Council 
                                who conduct commercial or recreational 
                                fishing, fish processing, or fishery-
                                dependent support businesses within 
                                such area; and
                                  ``(IV) develop and submit a community 
                                sustainability plan to the Council and 
                                the Secretary that demonstrates how the 
                                plan will address the social and 
                                economic development needs of fishing 
                                communities, including those that have 
                                not historically had the resources to 
                                participate in the fishery, for 
                                approval by the Council based on 
                                criteria developed by the Council that 
                                have been approved by the Secretary and 
                                published in the Federal Register.
                          ``(ii) Failure to comply with plan.--The 
                        Secretary shall deny or revoke limited access 
                        privileges for a person that were granted to a 
                        fishing community, if the person fails to 
                        comply with the requirements of the community 
                        sustainability plan approved by the relevant 
                        Council under clause (i)(IV).
                  ``(B) Participation criteria.--In developing 
                participation criteria for eligible communities under 
                this paragraph, a Council shall consider--
                          ``(i) traditional fishing or fish processing 
                        practices in, and dependence on, the fishery;
                          ``(ii) the cultural and social framework 
                        relevant to the fishery;
                          ``(iii) economic barriers to access to 
                        fishery;
                          ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        fishing vessel captains and crews, fish 
                        processors, and other businesses substantially 
                        dependent upon the fishery in the region or 
                        subregion;
                          ``(v) the expected effectiveness, operational 
                        transparency, and equitability of the community 
                        sustainability plan; and
                          ``(vi) the potential for improving economic 
                        conditions in remote coastal communities 
                        lacking resources to participate in harvesting 
                        or fish processing activities in the fishery.
          ``(3) Regional fishery associations.--
                  ``(A) In general.--To be eligible to participate in a 
                limited access privilege program to harvest fish, a 
                regional fishery association shall--
                          ``(i) be located within the management area 
                        of the relevant Council;
                          ``(ii) meet criteria developed by the 
                        relevant Council, approved by the Secretary, 
                        and published in the Federal Register;
                          ``(iii) be a voluntary association with 
                        established by-laws and operating procedures 
                        consisting of participants in the fishery, 
                        including commercial or recreational fishing, 
                        fish processing, fishery-dependent support 
                        businesses, or fishing communities; and
                          ``(iv) develop and submit a regional fishery 
                        association plan to the Council and the 
                        Secretary for approval by the Council based on 
                        criteria developed by the Council that have 
                        been approved by the Secretary and published in 
                        the Federal Register.
                  ``(B) Failure to comply with plan.--The Secretary 
                shall deny or revoke limited access privileges for a 
                person that were granted to a fishery association, if 
                the person fails to comply with the requirements of the 
                regional fishery association plan approved by the 
                relevant Council under subparagraph (A)(iv).
                  ``(C) Participation criteria.--In developing 
                participation criteria for eligible regional fishery 
                associations under this paragraph, a Council shall 
                consider--
                          ``(i) traditional fishing or fish processing 
                        practices in, and dependence on, the fishery;
                          ``(ii) the cultural and social framework 
                        relevant to the fishery;
                          ``(iii) economic barriers to access to 
                        fishery;
                          ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        captains, crew, fish processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion, upon the 
                        administrative and fiduciary soundness of the 
                        association and its by-laws; and
                          ``(v) the expected effectiveness, operational 
                        transparency, and equitability of the fishery 
                        association plan.
          ``(4) Allocation.--In developing a limited access privilege 
        program to harvest fish a Council or the Secretary shall--
                  ``(A) establish procedures to ensure fair and 
                equitable initial allocations, including consideration 
                of--
                          ``(i) current and historical harvests;
                          ``(ii) employment in the harvesting and fish 
                        processing sectors;
                          ``(iii) investments in, and dependence upon, 
                        the fishery; and
                          ``(iv) the current and historical 
                        participation of fishing communities;
                  ``(B) to the extent practicable, consider the basic 
                cultural and social framework of the fishery, 
                especially through the development of policies to 
                promote the sustained participation of small owner-
                operated fishing vessels and fishing communities that 
                depend on the fisheries, including regional or port-
                specific landing or delivery requirements;
                  ``(C) include measures to assist, when necessary and 
                appropriate, entry-level and small vessel operators, 
                captains, crew, and fishing communities through set-
                asides of harvesting allocations, including providing 
                privileges and, where appropriate, recommending the 
                provision of economic assistance in the purchase of 
                limited access privileges to harvest fish;
                  ``(D) for the purpose of preventing significant 
                adverse economic or social impact on any fishing 
                community or other person, ensure that limited access 
                privilege holders do not acquire an excessive share of 
                the total limited access privileges in the program by--
                          ``(i) establishing a maximum share, expressed 
                        as a percentage of the total limited access 
                        privileges, that a limited access privilege 
                        holder is permitted to hold, acquired, or use; 
                        and
                          ``(ii) establishing any other limitations or 
                        measures necessary to prevent an inequitable 
                        concentration of limited access privileges;
                  ``(E) establish procedures to address geographic or 
                other consolidation in both the harvesting and fish 
                processing sectors of the fishery;
                  ``(F) authorize limited access privileges to harvest 
                fish to be held, acquired, or used by or issued under 
                the system to persons who substantially participate in 
                the fishery, as specified by the Council, including, as 
                appropriate, fishing vessel owners, vessel captains, 
                vessel crew members, fishing communities, and regional 
                fishery associations; and
                  ``(G) ensure that no person otherwise qualified to 
                receive an initial allocation of a limited access 
                privilege to harvest fish is required to join any 
                entity or association that limits in any way the 
                person's ability to sell their catch as a condition of 
                that person receiving an initial or annual allocation.
          ``(5) Program initiation.--
                  ``(A) Limitation.--Except as provided in subparagraph 
                (D), a Council may initiate a fishery management plan 
                or amendment to establish a limited access privilege 
                program to harvest fish on its own initiative or if the 
                Secretary has certified an appropriate petition.
                  ``(B) Petition.--A group of fishermen constituting 
                more than 50 percent of the permit holders in the 
                fishery for which a limited access privilege program to 
                harvest fish is sought, may submit a petition to the 
                Secretary requesting that the relevant Council or 
                Councils with authority over the fishery be authorized 
                to initiate the development of the program. Any such 
                petition shall clearly state the fishery to which the 
                limited access privilege program would apply. For 
                multispecies permits in the Gulf, only those 
                participants who have substantially fished the species 
                proposed to be included in the limited access program 
                shall be eligible to sign a petition for such a program 
                and shall serve as the basis for determining the 
                percentage described in the first sentence of this 
                subparagraph.
                  ``(C) Certification by secretary.--Upon the receipt 
                of any such petition, the Secretary shall review all of 
                the signatures on the petition and, if the Secretary 
                determines that the signatures on the petition 
                represent more than 50 percent of the permit holders in 
                the fishery, as described by subparagraph (B), the 
                Secretary shall certify the petition to the appropriate 
                Council or Councils.
                  ``(D) New england referendum.--
                          ``(i) The New England Council may not submit, 
                        and the Secretary may not approve or implement, 
                        a fishery management plan or amendment that 
                        creates an individual fishing quota program, 
                        including a Secretarial plan, unless such a 
                        system, as ultimately developed, has been 
                        approved by more than \2/3\ of those voting in 
                        a referendum among eligible permit holders with 
                        respect to the New England Council. If an 
                        individual fishing quota program fails to be 
                        approved by the requisite number of those 
                        voting, it may be revised and submitted for 
                        approval in a subsequent referendum.
                          ``(ii) The Secretary shall conduct a 
                        referendum under this subparagraph, including 
                        notifying all persons eligible to participate 
                        in the referendum and making available to them 
                        information concerning the schedule, 
                        procedures, and eligibility requirements for 
                        the referendum process and the proposed 
                        individual fishing quota program.
                          ``(iii) The New England Fishery Management 
                        Council may determine that vessel captains or 
                        crew members who have substantial participation 
                        in the fishery concerned shall be eligible to 
                        vote in a referendum under this subparagraph. 
                        The New England Fishery Management Council 
                        shall establish the criteria for determining 
                        what constitutes `substantial participation' 
                        for purposes of this clause.
                          ``(iv) Within 1 year after the date of 
                        enactment of the American Fisheries Management 
                        and Marine Life Enhancement Act, the Secretary 
                        shall publish guidelines and procedures to 
                        determine procedures and voting eligibility 
                        requirements (subject to clause (iii)) for 
                        referenda and to conduct such referenda in a 
                        fair and equitable manner.
                  ``(E) Other law.--Chapter 35 of title 44, United 
                States Code, (commonly known as the Paperwork Reduction 
                Act) does not apply to the referenda conducted under 
                this subparagraph.
          ``(6) Transferability.--In establishing a limited access 
        privilege program, a Council shall--
                  ``(A) establish a policy on the transferability of 
                limited access privilege shares (through sale or 
                lease), including a policy on any conditions that apply 
                to the transferability of limited access privilege 
                shares that is consistent with the policies adopted by 
                the Council for the fishery under paragraph (2); and
                  ``(B) establish criteria for the approval and 
                monitoring of transfers (including sales and leases) of 
                limited access privilege shares.
          ``(7) Preparation and implementation of secretarial plans.--
        This subsection also applies to a plan prepared and implemented 
        by the Secretary under section 304(g).
          ``(8) Limitation on federal agencies and officials.--A 
        Federal agency or official may not hold, administer, or 
        reallocate an individual quota issued under a fishery 
        management plan under this section, other than the Secretary 
        and the Council having authority over the fishery for which the 
        individual quota is issued.
  ``(d) Auction and Other Programs.--In establishing a limited access 
privilege program, a Council may consider, and provide for, if 
appropriate, an auction system or other program to collect royalties 
for the initial, or any subsequent, distribution of allocations in a 
limited access privilege program if--
          ``(1) the system or program is administered in such a way 
        that the resulting distribution of limited access privilege 
        shares meets the program requirements of subsection (c)(2)(A); 
        and
          ``(2) revenues generated through such a royalty program are 
        deposited in the Limited Access System Administration Fund 
        established by section 305(h)(5)(B) and available subject to 
        annual appropriations.
  ``(e) Cost Recovery.--In establishing a limited access privilege 
program, a Council shall--
          ``(1) develop a methodology and the means to identify and 
        assess the management, data collection and analysis, and 
        enforcement programs that are directly related to and in 
        support of the program; and
          ``(2) provide, under section 304(d)(2), for a program of fees 
        paid by limited access privilege holders that will cover the 
        costs of management, data collection and analysis, and 
        enforcement activities.
  ``(f) Limited Duration.--In establishing a limited access privilege 
program after the date of enactment of the American Fisheries 
Management and Marine Life Enhancement Act, a Council may establish--
          ``(1) a period of time after which any initial or subsequent 
        allocation of a limited access privilege shall expire, or 
        various periods for such expiration within a fishery if the 
        Council determines that variation of the periods will further 
        achievement of management goals; and
          ``(2) a mechanism under which participants in and entrants to 
        the program may acquire or reacquire allocations.
  ``(g) Limited Access Privilege Assisted Purchase Program.--
          ``(1) In general.--A Council may submit, and the Secretary 
        may approve and implement, a program that reserves up to 25 
        percent of any fees collected from a fishery under section 
        304(d)(2) to be used to issue obligations that aid in 
        financing--
                  ``(A) the purchase of limited access privileges in 
                that fishery by fishermen who fish from small vessels; 
                and
                  ``(B) the first-time purchase of limited access 
                privileges in that fishery by entry level fishermen.
          ``(2) Eligibility criteria.--A Council making a submission 
        under paragraph (1) shall recommend criteria, consistent with 
        the provisions of this Act, that a fisherman must meet to 
        qualify for guarantees under subparagraphs (A) and (B) of 
        paragraph (1) and the portion of funds to be allocated for 
        guarantees under each subparagraph.
  ``(h) Effect on Certain Existing Shares and Programs.--Nothing in 
this Act, or the amendments made by the American Fisheries Management 
and Marine Life Enhancement Act, shall be construed to require a 
reallocation of individual quota shares, fish processor quota shares, 
cooperative programs, or other quota programs, including sector 
allocation, for which a Council has already provided a substantial 
opportunity for public comment and begun considering alternatives, or 
submitted by a Council or approved by the Secretary or by congressional 
action before the date of enactment of such Act.''.
          (2) Clerical amendment.--The table of contents in the first 
        section is amended by adding after the item relating to section 
        303 the following:

``Sec. 303A. Limited access privilege programs.''.

  (b) Fees.--Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended--
          (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (F) and (G), respectively;
          (2) in subparagraph (F), as so redesignated, by striking 
        ``Such fee'' and inserting ``A fee under this paragraph''; and
          (3) by striking ``(2)(A)'' and all that follows through the 
        end of subparagraph (A) and inserting the following:
          ``(2)(A) Notwithstanding paragraph (1), the Secretary shall 
        collect from a person that holds or transfers an individual 
        quota issued under a limited access system established under 
        section 303(b)(6) fees established by the Secretary in 
        accordance with this section and section 9701(b) of title 31, 
        United States Code.
          ``(B) The fees required to be established and collected by 
        the Secretary under this paragraph are the following:
                  ``(i) With respect to any initial allocation under a 
                limited access system established after the date of the 
                enactment of the American Fisheries Management and 
                Marine Life Enhancement Act, an initial allocation fee 
                in an amount, determined by the Secretary, equal to 1 
                percent of the ex-vessel value of fish authorized in 
                one year under an individual quota, that shall be 
                collected from the person to whom the individual quota 
                is first issued.
                  ``(ii) An annual fee in an amount, determined by the 
                Secretary, not to exceed 3 percent of the ex-vessel 
                value of fish authorized each year under an individual 
                quota share, that shall be collected from the holder of 
                the individual quota share.
                  ``(iii) A transfer fee in an amount, determined by 
                the Secretary, equal to 1 percent of the ex-vessel 
                value of fish authorized each year under an individual 
                quota share, that shall be collected from a person who 
                permanently transfers the individual quota share to 
                another person.
          ``(C) In determining the amount of a fee under this 
        paragraph, the Secretary shall ensure that the amount is 
        commensurate with the cost of managing the fishery with respect 
        to which the fee is collected, including reasonable costs for 
        salaries, data analysis, and other costs directly related to 
        fishery management and enforcement.
          ``(D) The Secretary, in consultation with the Councils, shall 
        promulgate regulations prescribing the method of determining 
        under this paragraph the ex-vessel value of fish authorized 
        under an individual quota share, the amount of fees, and the 
        method of collecting fees.
          ``(E) Fees collected under this paragraph from holders of 
        individual quotas in a fishery shall be an offsetting 
        collection and shall be available to the Secretary only for the 
        purposes of administering and implementing this Act with 
        respect to that fishery.''.
  (c) Conforming Amendment.--Section 304(d)(2)(G)(i), as redesignated 
by subsection (b)(1) of this section, is amended by striking ``section 
305(h)(5)(B)'' and all that follows and inserting ``section 
305(h)(5)(B).''.
  (d) Limited Access Privilege Defined.--Subsection (a) of section 3 
(16 U.S.C. 1802) is further amended by inserting after paragraph (23) 
the following:
          ``(23A) The term `limited access privilege'--
                  ``(A) means a Federal permit, issued as part of a 
                limited access system under section 303A to harvest a 
                quantity of fish that may be received or held for 
                exclusive use by a person; and
                  ``(B) includes an individual fishing quota; but
                  ``(C) does not include community development quotas 
                as described in section 305(i).''.

SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS.

  Section 311 (16 U.S.C. 1861) is amended--
          (1) by striking ``and'' after the semicolon in subsection 
        (b)(1)(A)(iv);
          (2) by inserting ``and'' after the semicolon in subsection 
        (b)(1)(A)(v);
          (3) by inserting after clause (v) of subsection (b)(1)(A) the 
        following:
                  ``(vi) access, directly or indirectly, for 
                enforcement purposes any data or information required 
                to be provided under this title or regulations under 
                this title, including data from vessel monitoring 
                systems, or any similar system, subject to the 
                confidentiality provisions of section 402;'';
          (4) by redesignating subsection (h) as subsection (j); and
          (5) by inserting after subsection (g) the following:
  ``(h) Joint Fisheries Enforcement Agreements.--
          ``(1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint fisheries 
        enforcement agreement with the Secretary that will authorize 
        the deputization and funding of State officers with marine 
        fisheries responsibilities to perform duties of the Secretary 
        relating to fisheries enforcement provisions under this title 
        or any other marine resource law enforced by the Secretary. 
        Upon receiving an application meeting the requirements of this 
        subsection, the Secretary may enter into a joint fisheries 
        enforcement agreement with the requesting State.
          ``(2) Eligible state.--A State is eligible to participate in 
        the cooperative agreements under this section if it is in, or 
        bordering on, the Atlantic Ocean (including the Caribbean Sea), 
        the Pacific Ocean, the Arctic Ocean, or the Gulf of Mexico.
          ``(3) Requirements.--Joint fisheries enforcement agreements 
        executed under paragraph (1)--
                  ``(A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities; and
                  ``(B) shall provide for confidentiality of data and 
                information submitted to the State under section 402.
          ``(4) Allocation of funds.--The Secretary shall include in 
        each joint fisheries enforcement agreement an allocation of 
        funds to assist in management of the agreement. The allocation 
        shall be fairly distributed among all eligible States 
        participating in cooperative agreements under this subsection, 
        based upon consideration of Federal marine fisheries needs, the 
        specific marine fisheries conservation needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the mission and assist with Federal needs. The 
        agreement may provide for amounts to be withheld by the 
        Secretary for the cost of any technical or other assistance 
        provided to the State by the Secretary under the agreement.
  ``(i) Improved Data Sharing.--
          ``(1) In general.--Notwithstanding any other provision of 
        this Act, as soon as practicable but no later than 21 months 
        after the date of enactment of the American Fisheries 
        Management and Marine Life Enhancement Act, the Secretary shall 
        implement data-sharing measures to make any data required to be 
        provided by this Act from vessel monitoring systems, or similar 
        systems--
                  ``(A) directly accessible by State officers 
                authorized under subsection (a) of this section; and
                  ``(B) available to a State management agency involved 
                in, or affected by, management of a fishery if the 
                State has entered into an agreement with the Secretary 
                under section 402(b)(1)(B) of this Act.
          ``(2) Agreement required.--The Secretary shall promptly enter 
        into an agreement with a State under section 402(b)(1)(B) of 
        this Act if--
                  ``(A) the State provides a written opinion or 
                certification that State law allows the State to 
                maintain the confidentiality of information required by 
                Federal law to be kept confidential; or
                  ``(B) the Secretary is provided other reasonable 
                assurance that the State can and will protect the 
                identity or business of any person to which such 
                information relates.''.

SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS.

  (a) North Pacific Fisheries Research Plans.--Section 313 (16 U.S.C. 
1862) is amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``all'' and inserting ``any''; and
                  (B) by amending paragraph (2) to read as follows:
          ``(2) establishes a system, or systems, of fees, which may 
        vary by fishery, management area, and observer coverage level, 
        to pay for the costs of implementing the plan.''; and
          (2) in subsection (b)(2)--
                  (A) in subparagraph (A) by inserting ``, or 
                electronic monitoring systems,'' after ``stationing 
                observers'';
                  (B) in subparagraph (E) by inserting ``fixed amount 
                reflecting actual observer costs as described in 
                clauses (i), (ii), and (iii) of subparagraph (A), or'' 
                after ``be expressed as'';
                  (C) in subparagraph (F)--
                          (i) by inserting ``some or'' after ``assessed 
                        against''; and
                          (ii) by inserting ``, or electronic 
                        monitoring systems,'' after ``carry an 
                        observer''; and
                  (D) by striking ``and'' after the semicolon at the 
                end of subparagraph (H), by striking the period at the 
                end of subparagraph (I) and inserting ``; and'', and by 
                adding at the end the following:
          ``(J) provide that fees collected under the system shall be 
        credited against any fee for stationing observers, or 
        electronic monitoring systems, onboard fishing vessels and 
        United States fish processors and the actual cost of inputting 
        collected data to which a fishing vessel or fish processor is 
        subject under section 304(d).''.
  (b) Observer Program Funding.--Section 403 (16 U.S.C. 1881(b)) is 
amended by adding at the end the following:
  ``(d) Observer Program Funding Mechanism.--
          ``(1) In general.--The Secretary may establish a funding 
        mechanism to cover the cost of an observer program to monitor 
        any fishery managed under this Act or any other Act 
        administered by the Secretary, including the Northern Pacific 
        halibut fishery.
          ``(2) Form of mechanism.--
                  ``(A) The Secretary may exercise broad discretion in 
                developing a funding mechanism under this subsection, 
                which may include a system of fees, payments collected 
                from limited access privilege programs, or any other 
                cost recovery mechanism to pay for--
                          ``(i) the cost of stationing observers on 
                        board fishing vessels and United States fish 
                        processors, and
                          ``(ii) the actual cost of inputting data and 
                        managing observer databases.
                  ``(B) The moneys collected under a funding mechanism 
                established under this subsection for an observer 
                program shall be--
                          ``(i) deposited into the Fishery Observer 
                        Fund established under subsection (e); and
                          ``(ii) used only for the observer program 
                        covering fisheries from which the moneys were 
                        collected.
  ``(e) Fishery Observer Fund.--
          ``(1) Establishment of fund.--There is established on the 
        books of the Treasury of the United States, a fund that shall 
        be known as the Fishery Observer Fund (in this subsection 
        referred to as the `Fund'). The Fund shall be administered by 
        the Secretary of Commerce. The Fund shall be available, subject 
        to the availability of appropriations, only to the Secretary 
        for purposes of carrying out subsection (d). The Fund shall 
        consist of all moneys deposited into in it accordance with this 
        section, plus interest on those moneys.
          ``(2) Investment of amount.--
                  ``(A) It shall be the duty of the Secretary of the 
                Treasury to invest, at the direction of the Secretary 
                of Commerce, such portion of the Fund that is not 
                currently needed for the purposes of each observer 
                program covering fisheries from which moneys were 
                collected under subsection (d).
                  ``(B) Such investments shall be in public debt 
                obligations with maturities suitable to the needs of 
                the Fund, as determined by the Secretary of Commerce. 
                Investments in public debt obligations shall bear 
                interest at rates determined by the Secretary of the 
                Treasury taking into consideration the current market 
                yield on outstanding marketable obligations of the 
                United States of comparable maturity.
          ``(3) Sale of obligation.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the 
        direction of the Secretary of Commerce at market prices.
  ``(f) Contributions.--For purposes of carrying out subsections (d) 
and (e), the Secretary may accept, solicit, receive, hold, administer, 
and use gifts, devices, contributions, and bequests. Amounts received 
under this subsection shall be deposited in the Fishery Observer Fund 
established under subsection (c).''.

SEC. 10. COMPETING STATUTES.

  (a) Required Information in Management Plans.--Section 303(a) (16 
U.S.C. 1853A)) is further amended by adding at the end the following:
          ``(17) contain information on the Council's efforts to study, 
        develop, and describe appropriate alternatives to recommend 
        courses of action.''.
  (b) Required Analysis in Management Plans.--Section 303(a)(9) (16 
U.S.C. 1853(a)(9)) is amended by striking ``describe the likely 
effects, if any, of the conservation and management measures on--'' and 
inserting ``analyze the likely effects, if any, including the 
cumulative conservation, economic, and social impacts of, the 
conservation and management measures on, and possible mitigation 
measures 
for--''.
  (c) Compliance With National Environmental Policy Act of 1969.--
          (1) In general.--Title III (16 U.S.C. 1851 et seq.) is 
        amended by adding at the end the following:

``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

  ``(a) In General.--The Secretary may consider the requirements of 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)) to have been satisfied with respect to any fishery 
management plan, amendment to such a plan, or regulation implementing 
such a plan that the Secretary determines has been prepared in 
accordance with applicable provisions of sections 303 and 304 of this 
Act.
  ``(b) Limitation of Application.--This section shall not apply unless 
the Secretary has published a determination that sections 304 and 305 
are substantially equivalent to section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
          (2) Clerical amendment.--The table of contents in the first 
        section is amended by adding at the end of the items relating 
        to title III the following:

``Sec. 315. Compliance with National Environmental Policy Act of 
1969.''.

          (3) Effect on time requirements.--Section 305(e) (16 U.S.C. 
        1855(E)) is amended by inserting ``the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the 
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.

SEC. 11. DIMINISHED FISHERIES.

  (a) Substitution of ``Diminished'' for ``Overfished''.--
          (1) Substitution of term.--The Act is amended--
                  (A) by striking ``overfished'' each place it appears 
                (other than in subsection (a) of section 3 of the Act 
                (16 U.S.C. 1802), as amended by this Act) and inserting 
                ``diminished''; and
                  (B) in the heading for section 304(e) (16 U.S.C. 
                1854(e)) by striking ``Overfished'' and inserting 
                ``Diminished''.
          (2) Diminished defined.--Subsection (a) of section 3 (16 
        U.S.C. 1802) is further amended--
                  (A) by inserting after paragraph (8) the following:
          ``(8A) The term `diminished' means a fishery whose abundance 
        is at or below a level that jeopardizes the capacity of the 
        fishery to produce maximum sustainable yield on a continuing 
        basis.''; and
                  (B) by amending paragraph (29) to read as follows:
          ``(29) The term `overfishing' means a rate or level of 
        fishing mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing basis.''.
          (3) Distinguishing in reports.--Section 304(e)(1) (16 U.S.C. 
        1854(e)(1)) is amended by adding at the end the following: 
        ``The report shall distinguish between fisheries that are 
        diminished (or approaching that condition) as a result of 
        fishing and fisheries that are diminished (or approaching that 
        condition) as a result of factors other than fishing. The 
        report shall state, for each fishery identified as diminished 
        or approaching that condition, whether the fishery is the 
        target of directed fishing.''.
  (b) Duration of Measures to Rebuild Diminished Fisheries.--Section 
304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is amended to read as 
follows:
                          ``(ii) not exceed 10 years, except in cases 
                        where--
                                  ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                  ``(II) the Secretary determines that 
                                such 10-year period should be extended 
                                because the cause of the fishery 
                                decline is outside the jurisdiction of 
                                the Council or the rebuilding program 
                                cannot be effective only by limiting 
                                fishing activities;
                                  ``(III) the Secretary determines that 
                                such 10-year period should be extended 
                                for one or more diminished components 
                                of a multi-species fishery; or
                                  ``(IV) the Secretary makes 
                                substantial changes to the rebuilding 
                                targets after the rebuilding plan has 
                                been put in place.''.

SEC. 12. NEW PROHIBITED ACTS.

  (a) Prohibition on Sale or Purchase of Recreational Catch.--Section 
307 (16 U.S.C. 1857) is amended by striking ``and'' after the semicolon 
at the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting ``; and'', and by adding at the end the 
following:
          ``(6) to sell or purchase any fish caught in recreational 
        fishing.''.
  (b) Prohibition on Use of Retired Vessel.--Section 307(1) (16 U.S.C. 
1857(1)) is amended--
          (1) by striking ``or'' after the semicolon in subparagraph 
        (O);
          (2) by striking ``carcass.'' in subparagraph (P) and 
        inserting ``carcass; or''; and
          (3) by inserting after subparagraph (P) and before the last 
        sentence the following:
                  ``(Q) to use any fishing vessel to engage in fishing 
                in Federal or State waters, or on the high seas or the 
                waters of another country, after the Secretary has made 
                a payment to the owner of that fishing vessel under 
                section 312(b)(2).''.

SEC. 13. FISHERY FAILURES.

  Section 312(a) (16 U.S.C. 1361a) is amended by striking ``commercial 
fishery'' each place it appears and inserting ``fishery''.

SEC. 14. EMERGENCY REGULATIONS.

  (a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B) (16 
U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' and 
inserting ``186 days,''.
  (b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C. 
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after 
``emergency regulations''.

SEC. 15. BYCATCH AND SEABIRD INTERACTIONS.

  (a) Gear Grant Program.--Title IV (1 U.S.C. 1881 et seq.) is further 
amended by adding at the end the following:

``SEC. 409. GEAR GRANT PROGRAM.

  ``(a) Identification of Fisheries With Most Urgent Problems.--The 
Secretary shall--
          ``(1) identify those fisheries included in a list under 
        subsection (a) that have the most urgent bycatch problems or 
        seabird interaction problems, based on comments received 
        regarding the list; and
          ``(2) work in conjunction with the Councils and fishing 
        industry participants to develop new fishing gear, or 
        modifications to existing fishing gear, that will help minimize 
        bycatch and seabird interactions to the extent practicable.
  ``(b) Grant Authority.--The Secretary shall, subject to the 
availability of appropriations, make grants for the development of 
fishing gear and modifications to existing fishing gear that will 
help--
          ``(1) minimize bycatch and seabird interactions; and
          ``(2) minimize adverse fishing gear impacts on habitat areas 
        of particular concern.
  ``(c) Report.--The Secretary shall report to the Congress annually 
on--
          ``(1) the amount expended to implement this section in the 
        preceding year;
          ``(2) developments in gear technology achieved under this 
        section;
          ``(3) the reductions in bycatch associated with 
        implementation of this section; and
          ``(4) any other relevant information.
  ``(d) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $10,000,000 for 
each of fiscal years 2007 through 2011.''.
  (b) Clerical Amendment.--The table of contents in the first section 
is amended by adding at the end of the items relating to title IV the 
following:

``Sec. 409. Gear grant program.''.

  (c) Report.--The Secretary of Commerce shall report to the Congress 
within one year after the date of the enactment of this Act on--
          (1) the extent of the problem of seabird interaction with 
        fisheries of the United States;
          (2) efforts by the fishing industry and Regional Fishery 
        Management Councils to address that problem; and
          (3) the extent of the problem of seabird interaction with 
        fisheries other than the fisheries of the United States.
  (d) International Action.--The Secretary of Commerce shall take 
appropriate action at appropriate international fisheries management 
bodies to reduce seabird interactions in fisheries.

SEC. 16. OVER CAPITALIZATION.

  (a) Discretion of Secretary to Conduct Fishing Capacity Reduction 
Program.--Section 312(b) (16 U.S.C. 1861a(b)) is amended--
          (1) in paragraph (1) by striking ``, at the request of the 
        appropriate Council for fisheries under the authority of such 
        Council, or the Governor of a State for fisheries under State 
        authority,'';
          (2) in paragraph (1), by inserting ``that is managed under a 
        limited access system authorized by section 303(b)(6),'' after 
        ``in a fishery''; and
          (3) by redesignating paragraph (4) as paragraph (5), and by 
        inserting after paragraph (3) the following:
  ``(4) The Council, or the Governor of a State, having authority over 
a fishery may request the Secretary to conduct a fishing capacity 
reduction program in the fishery under this subsection.''.
  (b) Requirement to Surrender All Permits.--Section 312(b)(2) (16 
U.S.C. 1861a(b)(2)) is amended to read as follows:
  ``(2)(A) The objective of the program shall be to obtain the maximum 
sustained reduction in fishing capacity at the least cost and in a 
minimum period of time.
  ``(B) To achieve that objective, the Secretary is authorized to pay 
an amount to the owner of a fishing vessel, if--
          ``(i) such vessel is scrapped, or through the Secretary of 
        the department in which the Coast Guard is operating, subjected 
        to title restrictions that permanently prohibit and effectively 
        prevent its use in fishing;
          ``(ii) all permits authorizing the participation of the 
        vessel in any fishery under the jurisdiction of the United 
        States are surrendered for permanent revocation; and
          ``(iii) the owner of the vessel and such permits relinquishes 
        any claim associated with the vessel and such permits that 
        could qualify such owner for any present or future limited 
        access system permit in the fishery for which the program is 
        established.''.
  (c) Ensuring Vessels Do not Enter Foreign or High Seas Fisheries.--
Section 312(b) (16 U.S.C. 1861a(b)) is further amended by adding at the 
end the following:
  ``(6) The Secretary may not make a payment under paragraph (2) with 
respect to a vessel that will not be scrapped, unless the Secretary 
certifies that the vessel will not be used for any fishing, including 
fishing in the waters of a foreign nation and fishing on the high 
seas.''.
  (d) Report.--
          (1) In general.--The Secretary shall, within 12 months after 
        the date of the enactment of this Act, submit to the Congress a 
        report--
                  (A) identifying and describing the 20 fisheries in 
                United States waters with the most severe examples of 
                excess harvesting capacity in the fisheries, based on 
                value of each fishery and the amount of excess 
                harvesting capacity as determined by the Secretary;
                  (B) recommending measures for reducing such excess 
                harvesting capacity, including the retirement of any 
                latent fishing permits that could contribute to further 
                excess harvesting capacity in those fisheries; and
                  (C) potential sources of funding for such measures.
          (2) Basis for recommendations.--The Secretary shall base the 
        recommendations made with respect to a fishery on--
                  (A) the most cost effective means of achieving 
                voluntary reduction in capacity for the fishery using 
                the potential for industry financing; and
                  (B) including measures to prevent the capacity that 
                is being removed from the fishery from moving to other 
                fisheries in the United States, in the waters of a 
                foreign nation, or in the high seas.

SEC. 17. AMENDMENT REGARDING DEFINITIONS OF FISHING COMMUNITY AND 
                    RECREATIONAL FISHING INDUSTRY.

  (a) Definition of Fishing Community.--Section 3 (16 U.S.C. 1802) is 
further amended in paragraph (16) of subsection (a)--
          (1) by striking ``harvest'' and inserting ``catch, 
        harvest,''; and
          (2) by inserting ``, recreational participants, marina owners 
        and operators, for-hire vessel owners and operators, bait and 
        tackle shop owners and operators,'' after ``crew''.
  (b) Recreational Fishing Industry.--Section 3 (16 U.S.C. 1802) is 
further amended by adding at the end of subsection (a) the following:
          ``(45) The term `recreational fishing industry' means 
        individual anglers, boat builders, fishing tackle 
        manufacturers, for-hire vessel owners and operators, bait and 
        tackle shop owners and operators, and recreational marina 
        owners and operators.''.

SEC. 18. CONSIDERATION OF ECONOMIC IMPACTS.

  Section 303(a) (16 U.S.C. 1853(a)) is amended--
          (1) in paragraph (5) by inserting ``economic information 
        necessary to meet the requirements of this Act,'' after 
        ``number of hauls,'';
          (2) in paragraph (13) by striking ``fishery'' the first place 
        it appears and inserting ``fishery, including their economic 
        impact,''; and
          (3) in paragraph (14) by striking ``allocate'' and inserting 
        ``allocate, taking into consideration the economic impact of 
        harvest restrictions or recovery benefits on the fishery 
        participants in each sector,''.

SEC. 19. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY 
                    PROGRAM.

  (a) In General.--Title III (16 U.S.C. 1851 et seq.) is further 
amended by adding at the end the following:

``SEC. 316. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  ``(a) In General.--When there is a catastrophic regional fishery 
disaster the Secretary may, upon the request of, and in consultation 
with, the Governors of affected States, establish a regional economic 
transition program to provide immediate disaster relief assistance to 
the fishermen, charter fishing operators, United States fish 
processors, and owners of related fishery infrastructure affected by 
the disaster.
  ``(b) Program Components.--
          ``(1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or other 
        economic assistance to affected entities, or to governmental 
        entities for disbursement to affected entities, for--
                  ``(A) meeting immediate regional shoreside fishery 
                infrastructure needs, including processing facilities, 
                cold storage facilities, ice houses, docks, including 
                temporary docks and storage facilities, and other 
                related shoreside fishery support facilities and 
                infrastructure;
                  ``(B) financial assistance and job training 
                assistance for fishermen who wish to remain in a 
                fishery in the region that may be temporarily closed as 
                a result of environmental or other effects associated 
                with the disaster;
                  ``(C) vessel repair and refloating;
                  ``(D) debris removal and cleaning;
                  ``(E) public and private oyster bed, shrimp, and 
                other fisheries rehabilitation; and
                  ``(F) any other activities authorized under section 
                312(a) of this Act or section 308(d) of the 
                Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
                4107(d)).
          ``(2) Job training.--Any fisherman who decides to scrap a 
        fishing vessel under the program shall be eligible for job 
        training assistance.
          ``(3) No matching required.--The Secretary may waive the 
        matching requirements of section 312 of this Act, section 308 
        of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
        4107), and any other provision of law under which the Federal 
        share of the cost of any activity is limited to less than 100 
        percent if the Secretary determines that--
                  ``(A) no reasonable means are available through which 
                applicants can meet the matching requirement; and
                  ``(B) the probable benefit of 100 percent Federal 
                financing outweighs the public interest in imposition 
                of the matching requirement.
          ``(4) Net revenue limit inapplicable.--Section 308(d)(3) of 
        the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
        shall not apply to assistance under this section.
  ``(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall provide the 
Governor of each State participating in the program a comprehensive 
economic and socio-economic evaluation of the affected region's 
fisheries to assist the Governor in assessing the current and future 
economic viability of affected fisheries, including the economic impact 
of foreign fish imports and the direct, indirect, or environmental 
impact of the disaster on the fishery and coastal communities.
  ``(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term `catastrophic regional fishery disaster' means a 
natural disaster, including a hurricane or tsunami, or a judicial or 
regulatory closure to protect human health or the marine environment, 
that--
          ``(1) results in economic losses to coastal or fishing 
        communities;
          ``(2) affects more than 1 State or a major fishery managed by 
        a Council or interstate fishery commission; and
          ``(3) is determined by the Secretary to be a commercial 
        fishery failure under section 312(a) of this Act or a fishery 
        resource disaster or section 308(d) of the Interjurisdictional 
        Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
  (b) Clerical Amendment.--The table of contents in the first section 
of that Act is further amended by inserting after the item relating to 
section 315 the following:

``Sec. 316. Regional coastal disaster assistance, transition, and 
recovery program.''.

SEC. 20. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization.--Section 4 (16 U.S.C. 1803) is amended by striking 
paragraphs (1) through (4) and inserting the following:
          ``(1) $338,970,000 for fiscal year 2007.
          ``(2) $366,087,000 for fiscal year 2008.
          ``(3) $395,374,000 for fiscal year 2009.
          ``(4) $427,604,000 for fiscal year 2010.
          ``(5) $461,812,000 for fiscal year 2011.''.
  (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.''.

SEC. 21. REVIEW AND REPORT REGARDING VIOLATIONS OF DISCLOSURE, CONFLICT 
                    OF INTEREST, AND RECUSAL PROVISIONS.

   The Secretary of Commerce shall, within 6 months after the date of 
enactment of this Act, review the votes of all Fishery Management 
Councils that have occurred since the date of the enactment of the 
Sustainable Fisheries Act (Public Law 104-297) and report to the 
Committee on Resources of the House of Representatives on whether there 
were any meaningful violations of the disclosure, conflict of interest, 
and recusal provisions of section 302(j) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1852(j)). The 
Secretary shall include in the report recommendations for legislative 
or regulatory changes to section 302(j) of such Act as the Secretary 
considers appropriate to address situations with respect to which 
violations were identified in the review.

SEC. 22. REPORT ON EFFECTS OF HURRICANES.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the National Oceanic and 
Atmospheric Administration shall report to the Congress on the effects 
of Hurricanes Katrina, Rita, and Wilma on the fisheries and fish 
habitat of the United States.
  (b) Contents.--The report shall include a description of the effects 
of such hurricanes on--
          (1) commercial and recreational fisheries;
          (2) owners and operators of shrimp fishing vessels; and
          (3) the oyster industry.

SEC. 23. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT ON 
                    FISHERIES.

  The Secretary of Commerce shall request the National Research Council 
to conduct a study of the acidification of the oceans and how this 
process effects United States fisheries.

                          Purpose of the Bill

    The purpose of H.R. 5018 is to reauthorize the Magnuson-
Stevens Fishery Conservation and Management Act, and for other 
purposes.

                  Background and Need for Legislation

    The Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) is the primary law governing 
fisheries resources and fishing activities in federal waters, 
which are defined as those waters extending from the edge of 
State waters (generally three to nine miles from shore) to the 
200-mile limit. The Secretary of Commerce administers the 
Magnuson-Stevens Act, and has delegated most authority to the 
National Marine Fisheries Services (NMFS) in the National 
Oceanic and Atmospheric Administration (NOAA).
    The Magnuson-Stevens Act created eight Regional Fishery 
Management Councils charged with implementing these goals in 
coordination with NMFS and established 10 National Standards 
which are guiding principles for the conservation and 
management of the domestic fishery resources. In addition to 
managing the fisheries resources for conservation purposes, 
Councils are responsible for allocating resources among various 
and often competing users. Councils are comprised of a 
representative of NMFS, a representative of each of the member 
States' fishery management departments, and an established 
number of at-large appointees from the commercial fishing 
industry, the recreational fishing industry, or other 
individuals who have experience, scientific expertise, training 
or knowledge regarding the conservation and management of the 
fishery resources under the jurisdiction of the Council.
    The process of managing fisheries is accomplished through 
the preparation of a fishery management plan (FMP) for each 
fishery. These FMPs require scientific assessments of the 
fishery resources and then the issuance of conservative 
allocations of catch for the domestic fishing fleet. The 
Councils and/or the Secretary have prepared and implemented 
more than 40 FMPs, some of which have been amended numerous 
times.
    The primary goals at the time of enactment of the Magnuson-
Stevens Act were the conservation and management of U.S. 
fishery resources, the development of U.S. domestic fisheries, 
and the phasing-out of foreign fishing activities within the 
200-mile fisheries conservation zone adjacent to the U.S. 
coastline (approximately 3.4 million square nautical miles). 
This area became known as the Exclusive Economic Zone (EEZ) 
following a 1983 proclamation by President Ronald Reagan. The 
U.S. EEZ is the largest in the world, containing 3.4 million 
square miles of ocean and 90,000 miles of coastline. More than 
one fifth of the world's most productive marine waters are 
within the U.S. EEZ.
    Commercial and recreational fisheries contribute over $50 
billion annually to the U.S. economy, with the commercial 
industry valued at over $28 billion and the recreational 
saltwater fishing industry valued at approximately $20 billion. 
In addition, the annual U.S. retail trade in ornamental fish is 
worth another $3 billion. In 2004, commercial landings of 
fishery products in the United States totaled approximately 9.6 
billion pounds valued at $3.7 billion. The Department of 
Commerce estimated in 2001 that there were 123,000 commercial 
fishing vessels operating in the U.S., employing more than 
170,000 people. The U.S. harvests approximately 4.1 percent of 
the total world fish landings and is the fifth leading 
harvester of fishery resources following China, Peru, India, 
and Indonesia.
    U.S. consumers spent an estimated $61.9 billion for fishery 
products in 2004. This includes $42.8 billion in expenditures 
at restaurants and other food service outlets, $18.9 billion in 
retail sales for home consumption, and $213.3 million for other 
non-food-related uses. The U.S. per capita consumption of fish 
and shellfish reached a record 16.6 pounds in 2004. For the 
period 1999-2001 the United States ranked as the third largest 
consumer of seafood in the world. U.S. imports of edible 
fishery products in 2004 were valued at a record $11.3 billion 
while U.S. exports of edible fishery products were 2.9 billion 
pounds valued at $3.7 billion.
    On the recreational side, it is estimated that there are on 
average 14 million anglers who fished in the marine waters of 
the United States in recent years. It is estimated that there 
were almost 82 million fishing trips taken by these 
recreational fishermen with an estimated 440.7 million fish 
taken in 2004.
    Because of the number of users and the importance of 
fisheries to fishing communities, fisheries management under 
the Magnuson-Stevens Fishery Conservation and Management Act 
requires a balance between the need to maintain a healthy 
resource and the goal of providing a healthy fishing economy 
which includes the fishermen (both commercial and 
recreational), the processing sector, and fishing communities, 
including the shoreside businesses that depend on the fishing 
industry.
    In 1996, the Sustainable Fisheries Act (Public Law 104-297) 
was enacted. This was the first major reauthorization of the 
Magnuson-Stevens Fishery Conservation and Management Act. It 
included three major new provisions to maintain a healthy 
fishery resource. These new provisions dealt with minimizing 
bycatch, identifying and protecting essential fish habitat, and 
identifying overfished fisheries and requiring that they be 
rebuilt. This last requirement was something which had not been 
required previously and the number of overfished fisheries that 
were identified was higher than expected. The new provision 
required that rebuilding plans be put in place for all 
overfished fisheries and that these rebuilding plans, with some 
limited exceptions, needed to rebuild the fisheries within ten 
years. While this provision has been in place for less than 10 
years and the regulations detailing how fishery management 
Councils should identify overfished fisheries have been in 
place for less than 10 years, concern has been raised about the 
progress toward rebuilding all of the identified fisheries. 
Additional concern has been raised by the fishing industry 
about the harmful effects of the short rebuilding timeframes. 
While the 10-year time limit has been described as arbitrary, 
there is concern that an unlimited amount of time available for 
rebuilding will be counterproductive to maintaining a 
sustainable resource and maintaining economically healthy 
fishing communities. At the same time, flexibility is necessary 
so that the Councils can take economic factors such as the 
effects of the timeframes on the fishing communities into 
account. There is no question that rebuilding these overfished 
fisheries is important; however, it is important that managers 
have the ability to include reasonable flexibility to extend 
these timeframes so that the harmful economic consequences can 
be lessened.
    Just as the Sustainable Fisheries Act provided fishery 
managers with three new tools for maintaining fishery 
resources, H.R. 5018 also offers new tools for fishery 
managers. The most important of these is the mandate that 
fishery managers base harvest levels on science. This was the 
key recommendation of the U.S. Commission on Ocean Policy. 
After the harvest levels are established, the Councils may 
allocate as they have done in the past; however, under H.R. 
5018 they will now be required to base the harvest levels on 
the recommendations of the Science and Statistical Committees 
(SSCs). In addition, to help them with this goal, H.R. 5018 
allows for an expanded pool of qualified participants for the 
SSCs and authorizes that they be paid for their time spent on 
SSC activities to help attract additional qualified scientists.
    There has been a trend in fisheries management to move away 
from single species management and toward taking ecosystem 
considerations into account in managing the Nation's fisheries. 
This approach has been hindered by a lack of information on the 
interplay between species, habitat, predator/prey relationships 
and other factors such as changing ocean conditions. H.R 5018 
includes language to encourage fishery managers to use more 
ecosystem considerations in their management decisions. 
However, testimony was heard from a number of witnesses, 
including the Administration, requesting that new, unachievable 
mandates not be enacted. H.R. 5018 takes a stepped approach by 
examining the state of the science needed for ecosystem-based 
fishery management and authorization for a new research plan to 
identify and gather the necessary information before any new 
mandates are considered. When considering ecosystem-based 
fisheries management, it is important that human factors need 
to be taken into account in any consideration of the ecosystem, 
as noted by the U.S. Commission on Ocean Policy.
    Cooperative research can provide some of the information 
which will be necessary for future ecosystem-based fishery 
management efforts. This type of research involves scientists 
and fishermen working cooperatively, often using fishing 
vessels as platforms for research. These cooperative research 
efforts have been effective and have provided an opportunity 
for valuable interactions between the fishing community and the 
scientific community that might not otherwise take place. As 
this research tool becomes more widely used, it is important to 
include new technologies that become available in this type of 
research.
    While ecosystem-based management and cooperative research 
continue to become more widely used, agency assets are becoming 
stretched and used more to deal with litigation rather than 
management activities. Since the enactment of the Sustainable 
Fisheries Act, the amount of litigation involving NMFS had 
increased substantially. Prior to 1996, NMFS faced 16 lawsuits. 
The NOAA Litigation Docket of Open Cases, as of April 7, 2006, 
shows 110 open cases. Of the 110 open cases involving NMFS, 99 
are cases brought against the agency (11 were cases brought by 
the agency against outside interests). Of the 99, 46 have been 
brought primarily by environmental organizations, and 16 by 
commercial or recreational fishing organizations. Cases were 
also brought by States and Tribes.
    The Magnuson-Stevens Act is not the sole source of these 
lawsuits. While most of the cases were filed under multiple 
statutes, the level of litigation does show a disturbing trend 
toward courts being asked to decide fishery management 
decisions. In addition, the amount of time and effort that NMFS 
is forced to exert in defending the cases takes personnel away 
from management activities. According to the National Academy 
of Public Administration's report to NMFS titled Courts, 
Congress, and Constituencies: Managing Fisheries by Default, 
the Magnuson-Stevens Act ``is the basis of more litigation than 
any other statute, accounting for approximately 40% of all 
challenges between 1977 and 2001. . . [T]he total number of 
national standard challenges has increased dramatically over 
time, especially after the Sustainable Fisheries Act was 
enacted in 1996.''
    Litigation has become the favorite tool of many 
organizations. Rather than work through the Council system, 
many groups have decided that they would rather have the courts 
manage fisheries. It is important that sound fisheries policy 
continue and statutory provisions with the sole purpose of 
providing litigation hooks should be avoided.
    One of the other statutes used for litigation against the 
agency is the National Environmental Policy Act (NEPA, 42 
U.S.C. 4231 et seq.). Of the 99 open cases against NMFS, 35 of 
those cases were brought under NEPA. While certainly an 
important statute, NEPA is a procedural statute. The Magnuson-
Stevens Act, however, is an environmental statute dealing with 
fisheries conservation and management standards. The current 
Magnuson-Stevens Act contains many of the same procedural 
requirements as NEPA; however, the two statutes have different 
timelines for complying with their respective provisions. In 
addition, because both statutes contain many of the same 
requirements for public review, analysis of alternatives, etc., 
fishery managers have been required to comply with each statute 
separately. Using separate timelines results in a duplication 
of effort and a delay in implementing fishery management 
actions.
    One concern with these conflicts is that fishery managers 
face delays in getting scientific information to those who need 
the information in a timely manner to better manage fisheries. 
It has been reported that because of the NEPA delays, the 
Pacific Regional Fishery Management Council is ``using 3 year 
old data for most species to determine how much fish we can 
catch.'' This is no way to manage fisheries.
    The Magnuson-Stevens Act currently embodies most of the 
procedural safeguards that are in NEPA and already embodies 
most of the intent of NEPA. H.R. 5018 adds the missing pieces 
to the Magnuson-Stevens Act and then gives the Secretary the 
discretion to determine whether the Magnuson-Stevens provisions 
meet the requirements of NEPA. H.R. 5018 requires the Secretary 
to publish that determination before he or she can make any 
individual decisions about whether a fishery management plan or 
plan amendment meets the requirements of NEPA. By adding the 
intent and basic procedural requirements of NEPA to the 
Magnuson-Stevens Act that are not already in the Act, the time 
lags and duplicative nature of the conflict should go away.
    Because NEPA has been used as a litigation tool, documents 
developed by fishery managers to comply with NEPA have become 
unnecessarily complicated. The North Pacific Fishery Management 
Council has drafted a programmatic environmental impact 
statement (EIS) for the groundfish fishery that is 7,000 pages 
long. According to testimony, ``Because of one finding related 
to an unknown effect on the overall habitat from allowing these 
fisheries to commence, the council is now being told that it 
may have to do an EIS every year to support its specification 
process.'' Because of the effort to meet this type of 
requirement, fishery managers are not able to adapt to changing 
conditions in the fisheries in a timely manner.
    In addition, lawsuits alleging NEPA violations have another 
chilling effect. Once a court begins to review a fishery 
management action under NEPA, it removes the flexibility that 
the Councils have in finding a creative solution. According to 
one witness, ``Once the agency is in court, it no longer has 
the flexibility to try different approaches, convene 
stakeholders for negotiation, or work with councils to improve 
background and analytical documents. If an organization is not 
a plaintiff or intervener, it doesn't have a seat at the table 
or a role in crafting solutions.''
    While reconciling the conflicts between statutes dealing 
with fishery management is an important part of this 
legislation, another important aspect of H.R. 5018 is to 
provide a scientific basis for setting harvest levels. This is 
accomplished by using the example of the North Pacific Fishery 
Management Council. Under this model and this legislation, all 
Councils would be required to set their harvest levels based on 
the recommendation of their Science and Statistical Committees 
(SSCs). Each SSC would recommend an Acceptable Biological Catch 
level based on the scientific information presented to the 
panel. It is important that these SSCs have the best and the 
brightest scientists participating. H.R. 5018 accomplishes this 
by allowing a broader slate of scientists to serve on the SSC 
and authorizes a stipend to be paid for those non-federal or 
State employed scientists. It is also important that the SSCs 
be able to access a broad array of scientific information on 
which to base their recommendations.
    By basing the harvest levels on the Acceptable Biological 
Catch (ABC), Councils will be basing their harvest levels on a 
level of harvest that the biomass of the fishery can sustain. 
If short-term overharvesting occurs, the biomass estimates 
provided to the SSC by NOAA stock assessments will recognize 
this and the SSC will set the harvest recommendation 
correspondingly lower. In that way, Councils will receive 
harvest recommendations based on what the fishery can 
scientifically sustain and will be required, under H.R. 5018, 
to set the harvest level no higher than the recommendation.
    Because fisheries are managed in different ways, Councils 
establish harvest levels using different methods such as Total 
Allowable Catches, Guideline Harvest Levels, Days at Sea, 
harvest levels based on escapement goals, bag limits, size 
limits, and seasonal closures. Not all fisheries can be managed 
in the same way but setting harvest levels based on ABC will 
ensure that however the harvest levels are set, they will have 
to be set at or below the ABC--a scientifically-based 
determination. For species that have an annual life cycle, 
fishery managers rely on allowing the number of fish necessary 
to maintain a sustainable population to ``escape'' harvest, and 
the rest of the fish can then be harvested without damaging the 
viability of the resource. For these fish with an annual life 
cycle (such as salmon, squid and some species of shrimp) and 
those that are managed using escapement goals or other methods 
of harvest control, fishery managers may not be able to set a 
preseason harvest level. Annual fisheries such as these would 
be difficult to manage under a Total Allowable Catch level or 
other annual catch limits. Because of this, fishery managers 
need to have the ability to set harvest levels using a variety 
of methods--all of which need to be based on the scientific 
recommendations of the SSC under H.R. 5018.
    In cases where fisheries are overfished (or diminished 
under H.R. 5018), current law already requires that rebuilding 
plans be developed and implemented. In addition, for fisheries 
subject to a rebuilding plan, the plan must include a time 
period for ending overfishing. Current law also requires 
rebuilding plans to include time periods to end overfishing and 
rebuild the fishery that shall not exceed 10 years except in 
certain limited cases. H.R. 5018 would give fishery managers 
additional flexibility to exceed the 10-year time period only 
in three limited cases.
    In sum, reauthorization of the Magnuson-Stevens Act should 
push fishery managers to take new steps to achieve sustainable 
fisheries using science-based management decisions (with peer 
review that includes public and recognizes the need to get 
information to the managers in a timely manner). It needs to 
maintain the open, transparent decision-making process with 
stakeholder involvement that is currently embodied in the 
regional fishery management system. Fishery managers need to 
have the flexibility in making management decisions so that 
regional solutions can be found to address regional problems. 
Fisheries across the country are very different and managers 
need to use appropriate tools to address management needs that 
are appropriate for individual fisheries. The reauthorization 
of this important statute needs to minimize the potential for 
lawsuits. Courts should not be managing fisheries. Fishery 
managers need to maintain a balance between the need for 
conservation to maintain a healthy, sustainable resource while 
recognizing the economic considerations of the fishing fleets 
and the fishing communities. H.R. 5018 allows this flexibility, 
achieves a balance, and includes new scientifically-based 
harvest levels that will achieve sustainable harvest levels 
that benefit both the resource and the fishing communities that 
depend upon the resource.
    Appropriations for the Magnuson-Stevens Act were last 
reauthorized in 1996 through Fiscal Year 1999. Since 2000, the 
Resources Committee has held 17 hearings and heard from 143 
witnesses on issues associated with implementation of the Act. 
In the 109th Congress alone, the Committee held six hearings 
and heard from 55 witnesses.

                            Committee Action

    Resources Committee Chairman Richard W. Pombo (R-CA) 
introduced H.R. 5018 on March 28, 2006. It was referred to the 
Committee on Resources. The Committee held hearings on the bill 
on April 25, 2006 and May 3, 2006. On May 17, 2006, the 
Committee met to consider the bill. Chairman Pombo offered an 
amendment in the nature of a substitute. The following 
amendments were offered to the amendment in the nature of a 
substitute: Congressman Frank Pallone, Jr. (D-NJ) offered an 
amendment regarding fees for recreational fishermen. The 
amendment was adopted by voice vote. Congressman Jim Saxton (R-
NJ) offered an amendment to strike language in Section 10 of 
the bill regarding fishery management in marine sanctuaries. 
The amendment was adopted by voice vote. Ranking Democrat Nick 
J. Rahall II (D-WV) offered an amendment on behalf of 
Congressman Raul M. Grijalva (D-AZ) to strike the provisions 
relating to compliance with the National Environmental Policy 
Act (NEPA). By unanimous consent, Congressman Wayne T. 
Gilchrest (R-MD) offered a substitute to the Rahall amendment 
to replace the NEPA language with an ``Efficient, Effective, 
Environmental Impact Assessment.'' The Gilchrest substitute to 
the Rahall amendment was not adopted by a roll call vote of 18 
yeas to 22 nays, as follows:


    The Rahall amendment was not agreed to by voice vote. 
Congressman Saxton offered an amendment to strike Section 11(b) 
of the amendment (diminished fisheries). The amendment was not 
adopted by a roll call vote of 17 yeas to 18 nays, as follows:


    Congressman Charlie Melancon (D-LA) offered an amendment to 
create a regional coastal disaster assistance, transition, and 
recovery program. It was adopted by voice vote. Congressman 
Saxton offered an amendment to include recreational 
participants in the definition of ``fishing community.'' By 
unanimous consent, Congressman Pallone amended the Saxton 
amendment to expand this definition and to include a definition 
for ``recreational fishing industry.'' The Saxton amendment, as 
amended by the Pallone amendment, was adopted by voice vote. 
Congressman Saxton offered an amendment to require the 
consideration of economic impacts. The amendment was agreed to 
by voice vote. Congressman Bobby Jindal (R-LA) offered an 
amendment to require a report on the effects of certain 
hurricanes on fisheries and fish habitat. The amendment was 
adopted by voice vote. Congressman Saxton offered and withdrew 
an amendment to include a new title called ``National Fishing 
Fleet Vision, Implementation, and Management Act.'' Congressman 
Gilchrest offered and withdrew an amendment regarding 
overfishing. Congressman Pallone offered and withdrew an 
amendment regarding the commercial harvesting of morone 
saxatilis. Congressman Jindal offered and withdrew an amendment 
regarding fishery finance program hurricane assistance. 
Congressman Gilchrest offered an amendment regarding ecosystem 
management. The amendment was not adopted by voice vote. 
Congressman Jay Inslee (D-WA) offered an amendment to require a 
study on the acidification of the oceans and effects on 
fisheries. The amendment was agreed to by voice vote. 
Congressman Inslee offered an amendment regarding North Pacific 
Fisheries Research Plans. The amendment was adopted by voice 
vote. Congressman Melancon offered and withdrew an amendment 
regarding New England and Gulf of Mexico Referendums. 
Congressman Gilchrest offered and withdrew an amendment 
regarding a coral reef research and technology program. The 
Pombo amendment in the nature of a substitute, as amended, was 
adopted by voice vote. The bill, as amended, was ordered 
favorably reported to the House of Representatives by a roll 
call vote of 26 yeas to 15 nays, as follows:


                      Section-by-Section Analysis


Section 1. Short title; amendment references

    The Act may be cited as the ``American Fisheries Management 
and Marine Life Enhancement Act.'' It also notes that 
amendments in the bill are to the Magnuson-Steven Fishery 
Management and Conservation Act (16 U.S.C. 1801 et seq.).

Section 2. Technical corrections to definitions

    This section makes a number of technical corrections to the 
definitions in the Magnuson-Stevens Act.

Section 3. Science-based improvements to management

    This section requires that Regional Fishery Management 
Councils provide a mechanism in each fishery management plan 
for specifying that the Total Allowable Catch or other annual 
catch limit in the plan is based on the best scientific 
information available and at a level that does not exceed the 
Acceptable Biological Catch level as recommended by the 
scientific and statistical committee of that Council.
    The section also requires that the Councils adopt a total 
allowable catch limit or other annual harvest effort control 
limit for each of its managed fisheries after considering the 
recommendation of the scientific and statistical committee. The 
limit may not exceed the recommendation for the Acceptable 
Biological Catch as recommended by the scientific and 
statistical committee.
    The section requires the Secretary of Commerce to develop 
guidelines for the Councils to use in determining what is the 
best scientific information available. The Secretary must base 
the guidelines on the recommendations developed by the Ocean 
Studies Board of the National Research Council in its report 
titled ``Improving the Use of the `Best Scientific Information 
Available' Standard in Fisheries Management.''
    The section requires that each Councils' Scientific and 
Statistical Committees (SSC) provide ongoing scientific advice 
for fishery management decisions, including recommendations for 
the Acceptable Biological Catch and maximum sustainable yield, 
and reports on stock status and health, bycatch, habitat 
status, socio-economic impacts of management measures, and 
sustainability of fishing practices.
    The section allows federal employees to serve on the SSCs 
along with State employees, academicians, or independent 
experts with strong scientific or technical credentials and 
experience. The section also requires the Secretary to pay a 
stipend to members of the SSCs who are not employed by the 
federal government or a State government agency. The section 
requires that the SSCs hold its meetings in conjunction with 
the meetings of the Council, to the extent practicable.
    The section requires the Councils, in conjunction with the 
SSCs, to develop a multi-year research priority list for 
fisheries, fisheries interactions, habitats, and other areas of 
research that are necessary for management purposes. It also 
requires that the priority list be for a five year period and 
be updated as necessary. The lists will be submitted to the 
Secretary and the National Marine Fishery Service (NMFS) 
Regional Science Centers for their consideration when 
developing research priorities and budgets for the region.
    The section gives authority for Councils to create a 
cooperative research program. In addition, it adds new language 
to ensure that qualified fishing vessels participating in the 
cooperative research activities will not lose allocated fishing 
privileges (such as days at sea) during the cooperative 
research activities unless the Secretary makes such 
qualifications a part of the cooperative research plan. In 
addition, the Secretary shall ensure that catch history derived 
by the vessel during the cooperative research activities during 
which the vessel is sacrificing fishing time in an open season 
accrue to the vessel unless the Secretary makes such 
qualifications a part of the cooperative research plan.
    The section makes it clear that the Secretary shall conduct 
periodic stock assessments. In conducting these stock 
assessments, the Secretary must ensure that these assessments 
are independently peer reviewed, are as transparent as 
possible, do not delay the process of providing the information 
to the Councils, and allows members of the interested public to 
provide input during the process. In addition, the section 
requires the Secretary and each Council to formalize a peer 
review process for the scientific information used to advise 
the Council or the Secretary, as appropriate, about the 
conservation and management of the fishery. However, the peer 
review must not delay, to the extent practicable, the process 
of providing to the Council or the Secretary current 
information for use in managing fisheries and must be as 
transparent as possible, so that members of the interested 
public can provide input during the review process.

Section 4. Data collection

    This section allows the Secretary to require, if requested 
to do so by the Council, a Vessel Monitoring System (VMS) or 
other similar electronic monitoring technology for a fishery or 
specific sectors of a fishery. To the extent that the 
technology is required for enforcement or data collection 
purposes, requires the Secretary to cover the expenses. The 
section requires that any information obtained under a VMS 
requirement be subject to the confidentiality provisions of the 
Magnuson-Stevens Act.
    The section requires the Secretary to establish, within 24 
months, a program to improve the quality and accuracy of 
information generated by the National Marine Fisheries Service 
recreational fishing data collection programs with the goal of 
achieving accurate, useful, and improved data for each fishery. 
The program shall include: an increased number of intercepts; 
use of surveys that target anglers at the State level; 
collection and analysis of vessel trip report data from for-
hire vessels; development of weather corrective factors, an 
independent committee composed of recreational fishermen and 
other stakeholders, academia, and other persons with expertise 
in stock assessment and survey design, NMFS personnel; and 
identification of deficiencies in recreational data collection 
and develop sampling methods to correct the deficiencies.
    The Secretary is prohibited from charging any news fees on 
recreational fishermen for data collection purposes.
    The Secretary is required to report to Congress within 18 
months on the progress made in developing such a program, 
whether the program has resulted in significantly better data 
for management purposes and any actions to continue to make 
improvements in data collection.
    This section includes an authorization of appropriations to 
the Secretary of $5 million for each Fiscal Years 2007-2011.
    This section clarifies that other State and federal 
authorities, Council employees, and Marine Fisheries Commission 
employees may obtain access to certain confidential information 
for management or enforcement purposes, but that the 
information must remain confidential. This section adds a 
definition of ``confidential information'' to clarify that 
other information such as video observer information and VMS 
information are also considered confidential for the purposes 
of this Act. It also adds a definition of ``observer 
information''.
    This section authorizes the Secretary to develop a 
Memorandum of Understanding with the heads of other federal 
agencies for the sharing of confidential information such as 
VMS or other electronic monitoring systems if the Secretary 
determines there is a compelling need to do so and if the heads 
of other federal agencies agree to maintain the confidentiality 
of the information in a manner similar to the requirements of 
the Secretary under the Magnuson-Stevens Act.
    The section adds a new authorization for the Secretary for 
new socio-economic data collection activities. Funds may also 
be shared with the Councils for their data collection needs. 
The section authorizes an appropriation of $2 million for each 
Fiscal Year for this program.
    This section requires the Secretary to determine the need 
for frequent surveys and whether States or cooperative research 
programs can fill the data gaps identified by the Secretary. It 
also requires the Secretary to report to Congress on the 
current activities and the needs for increased surveys within 
two years.

Section 5. Council operations and authorities

    This section allows a Governor, for Council appointments, 
to submit the names of individuals from academia, or other 
public interest areas such as conservation organizations, the 
seafood consuming public, etc. if the Governor has determined 
that each such individual is qualified under the requirements 
of the Act. This section requires new Council members to 
undergo training. It also allows other Council members and 
regional NMFS staff to participate in the training.
    This section also gives the Councils a new authority to 
develop ecosystem-based fishery management plans.
    It allows Councils to require a Vessel Monitoring System or 
other similar electronic monitoring technology for the purposes 
of enforcing, monitoring, or collecting data from a fishery or 
fishery sector.
    The section clarifies that the costs for observer coverage 
that is primarily for the enforcement of the management plan or 
for data collection necessary for the monitoring of the fishery 
shall be paid for by the Secretary or may be considered as a 
cost to be recovered under a Limited Access Program.
    The section also clarifies that any observer required to be 
onboard a vessel who knowingly commits a crime while on board a 
fishing vessel shall be solely liable for any sanctions 
associated with the crime.
    The section allows Councils to develop and implement 
bycatch reduction incentives.
    The section clarifies that Councils may designated Marine 
Protected Areas and adds criteria for areas that are totally 
closed to fishing.
    The section authorizes the Councils to use the framework 
authority for fishery management plans.
    It modifies the notice requirement for Councils scheduling 
public meetings, clarifies the jurisdiction of the Caribbean 
Council, and clarifies that the Chairmen from the individual 
Councils may meet and maintain their Federal Advisory Committee 
exemption for these meetings.

Section 6. Ecosystem-based fishery management

    This section adds new language to the Policy section of the 
Magnuson-Stevens Act to make it clear that it is the policy of 
the Act to support and encourage efforts to understand the 
interactions of species in the marine environment and the 
development of ecosystem-based approaches to fisheries 
conservation and management that will lead to better 
stewardship and sustainability of the Nation's coastal fishery 
resources and fishing communities.
    It authorizes research into the interaction of species in 
the marine environment and the development of ecosystem-based 
approaches to management.
    The section requires the Secretary, in conjunction with the 
Councils and based on the recommendations of the Ecosystem 
Principles Advisory Panel, to develop definitions of 
``ecosystem''and `` marine ecosystem.''
    The section authorizes the Secretary, in conjunction with 
the Councils, to undertake a study on the state of science for 
advancing the concepts and integration of ecosystem 
consideration in regional fishery management and within one 
year identify specific marine ecosystems within each region and 
develop regional research plans to address the deficiencies 
identified in the study.
    The section requires a report to Congress annually on the 
progress of the regional research plans.
    The section also authorizes the Secretary to provide 
technical assistance and grants to the Councils for regional 
pilot programs.

Section 7. Limited Access Privilege Programs

    This section adds a new section to the Magnuson-Stevens Act 
authorizing Councils to develop and implement Limited Access 
Privilege Programs (LAPP) and creates criteria for the creation 
of such programs. These criteria stipulate that any limited 
access privilege program must: assist in rebuilding an 
overfished/diminished fishery; reduce capacity in a fishery 
that is overcapitalized; promote the safety of human life at 
sea; promote conservation and management; prohibit any person 
other than a U.S. citizen; corporation, partnership, or other 
entity established under the laws of the U.S. or a State; or 
resident alien that meets the requisite participation and 
eligibility requirements, to hold a harvesting privilege; 
limits the authority of other agencies to hold quota shares. 
This section requires that such a program must also: specify 
the goals of the program; be subject to continual monitoring 
with a formal review of the program every five years which 
shall include any modifications needed to ensure the program 
meets its goals; include a system for monitoring, management, 
and enforcement; and include an appeals process for 
administrative review of Secretarial determinations.
    This section clarifies that a limited access system, or 
limited access privilege: is not to be considered a permit; may 
be revoked, limited, or modified including for failure to 
comply with the terms of the plan; shall not confer any rights 
of compensation if the system is revoked, limited or modified; 
shall not create a right, title or interest to any fish before 
the fish is harvested; and shall be considered a grant of 
permission to engage in activities permitted by the program.
    This section creates a discretionary authority and criteria 
for the allocation of shares to fishing communities and 
regional fishery associations.
    This section requires that Council consider the following 
when allocating shares: must provide for a fair and equitable 
distribution of the initial allocation; consider catch history, 
employment, investment, and dependence on the fishery; consider 
historic participation of fishing communities; consider the 
basic social and cultural framework of the fishery; promote the 
sustained participation of small, owner-operated fishing 
vessels and communities that depend on the fisheries; may 
include regional landing requirements; assist entry-level and 
small scale members of the fishing community; limit the maximum 
share of the access privileges able to be held, acquired, or 
used by a qualified entity; address geographic consolidation of 
the fishery; authorize all those who substantially participate 
in the fishery to hold a limited access privilege; and ensure 
that no person who is qualified to receive an initial 
allocation is required to join an entity or association that 
limits that person's ability to sell his or her catch as a 
condition of receiving their initial or annual allocation.
    This section allows a Council to initiate a limited access 
privilege program on its own and creates a method of 
instituting a LAPP through a petition signed by more than 50 
percent of the permit holders in a fishery.
    This section requires a referendum prior to the 
implementation of an Individual Fishing Quota program developed 
by the New England Council. The referendum would require an 
affirmative vote by at least a two-thirds majority among the 
eligible permit holders. The Council may determine that vessel 
owners or crew who have substantial participation in the 
fishery are eligible to vote in the referendum. The Council is 
required to establish criteria for what constitutes 
``substantial participation.''
    This section also requires the Councils to establish a 
policy on the transferability of limited access privilege 
shares.
    This section clarifies that the provisions of this section 
also apply to any plan prepared by the Secretary. It also 
limits the ability of federal agencies (other than the 
Secretary of Commerce) or the Council to hold, administer or 
reallocate an individual quota issued under this section. It 
allows the use of auctions for the initial distribution of 
shares in the fishery.
    The section requires the Council to develop a methodology 
for determining the management, data collection and analysis, 
and enforcement programs necessary for the program and to 
establish a cost recovery system for an LAPP. It also allows a 
Council to establish a sunset period for shares under an LAPP.
    It authorizes the Councils to set aside up to 25% of the 
fees collected through the fee program to be used for new 
entrants and small boat fishermen, subject to regulations being 
proposed and implemented. It clarifies that the new LAPP 
authority will not require the reallocation of shares for any 
existing quota allocation management system.
    The section grandfathers any limited access privilege plan 
or plan amendment that has reached the stage where the Council 
has provided a substantial opportunity for public comment and 
begun considering alternatives from the new requirements in 
this section.
    The section establishes a three-tiered fee structure 
consisting of a 1% initial allocation fee, up to 4% to be 
collected annually and to be based on actual costs of managing, 
enforcing, and monitoring the fishery, and a 1% transfer fee 
for individual quotas. All fees are based on the value of the 
share allocated and based on ex-vessel price.
    The section adds a definition of ``limited access 
privilege.''

Section 8. Joint Fisheries Enforcement Agreements

    This section authorizes the Secretary to enter into Joint 
Fishery Enforcement Agreements with States at the request of a 
Governor. A Joint Fishery Enforcement Agreement could provide 
funding for the States and provide for the sharing of 
information for enforcement purposes with the understanding 
that the shared information must remain confidential.

Section 9. Funding for Fishery Observer Programs

    This section updates and clarifies the North Pacific 
Fisheries Research Plans provisions in the Magnuson-Stevens Act 
to include costs of electronic monitoring systems in addition 
to observers in cost recovery provisions.
    It authorizes the Secretary to establish a funding 
mechanism to cover the costs of an observer program. It also 
creates a Fishery Observer Fund to collect the fees paid by 
industry, as well as any contributions or gifts that might be 
made by outside interests, to fund observer programs. The 
deposits may be invested in interest-bearing accounts and are 
available, subject to appropriation, to the Secretary for 
financing observer programs.

Section 10. Competing statutes

    This section adds a new requirement for Councils to follow 
when developing fishery management plans which requires a 
description of the alternatives studied under the National 
Environmental Policy Act (NEPA). It adds another new 
requirement for Councils to examine the cumulative impacts of 
conservation, economic and social impacts of the plan.
    It also allows the Secretary to make a determination that a 
fishery management plan, plan amendment, or regulation prepared 
under the Magnuson-Stevens Act provisions and timelines has met 
the requirements of NEPA, but only if the Secretary has 
published a determination that sections 304 and 305 of the 
Magnuson-Stevens Act are substantially equivalent to the 
requirements of NEPA.
    It adds language that clarifies that the timelines for the 
Secretary's actions under the Magnuson-Stevens Act shall be the 
same timelines used for NEPA compliance. The current Magnuson-
Stevens Act already requires this for the Paperwork Reduction 
Act of 1980 and the Regulatory Flexibility Act.

Section 11. Diminished fisheries

    This section splits the definitions of ``overfished'' and 
``overfishing,'' changes the term ``overfished'' to 
``diminished'' and makes the corresponding changes to the word 
``overfished'' wherever it appears in the Magnuson-Stevens Act.
    This section requires the Secretary to make changes in the 
annual Status of Stocks report to clarify which fisheries that 
are ``diminished'' as a result of fishing and those that are 
``diminished'' as a result of other factors.
    This section adds new flexibility for rebuilding plans 
currently required under the Magnuson-Stevens Act for fisheries 
that are ``diminished.'' This flexibility would allow the 
Secretary (not a Council) to extend the ten-year time frame 
required for rebuilding a fishery in these cases: if the 
biology of the stock, other environmental condition, or 
international agreements warrant extension; if the cause of the 
decline is outside the jurisdiction of the Council and/or the 
rebuilding program cannot be effective only by limiting fishing 
activities; where only one or more components of a multi-
species fisheries are under the rebuilding requirement; or if 
the rebuilding targets substantially change after the 
rebuilding plan is put in place.

Section 12. New prohibited acts

    This section makes it illegal to sell or purchase 
recreationally caught fish. It also makes it illegal to use a 
vessel for fishing in federal or State waters, on the high 
seas, or in the waters of another country if the vessel has 
been subject to a buyout under this Act.

Section 13. Fishery failures

    This section makes changes to the fishery disaster section 
of the Magnuson-Stevens Act to clarify that it is not just 
commercial fishermen that can benefit from a fishery disaster 
assistance program.

Section 14. Emergency regulations

    This section makes minor changes to the length of time that 
the Secretary may implement emergency regulations.

Section 15. Bycatch and seabird interactions

    The Secretary would be authorized to create a new grant 
program to fund research into gear technology which could 
minimize bycatch, minimize seabird interactions, and minimize 
adverse fishing gear impacts on habitat areas of particular 
concern, and authorizes appropriations of $10 million for each 
of Fiscal Years 2007-2011 for this grant program. The Secretary 
would then be required to report annually to Congress on the 
amounts expended on the grant program and what reductions have 
been identified as a result of this section. The Secretary 
would also be required to report within one year of the date of 
enactment on the extent of the seabird interaction problem in 
U.S. fisheries, what efforts have been undertaken by the U.S. 
fishing industry and the Councils to address the problem, and 
the extent of the seabird interaction problems in other 
fisheries outside the U.S. The Secretary would also be required 
to take action at the appropriate international fisheries 
management bodies to reduce seabird interactions in those 
fisheries outside the United States.

Section 16. Overcapitalization

    This section modifies the capacity reduction program 
section of the Magnuson-Stevens Act to require that the 
Secretary must remove the vessel and all U.S. fishing permits 
when implementing a fishing capacity reduction program. The 
Secretary must ensure, prior to making any payments, that 
vessels being purchased under this section will be scrapped or 
will not be used for fishing, including in the waters of a 
foreign nation or on the high seas. The section requires the 
Secretary of Commerce to report to Congress and identify and 
describe the 20 U.S. fisheries which face the most severe 
problems with excess harvesting capacity. In addition, the 
report would include recommendations for reducing the excess 
capacity, including the retirement of any latent capacity that 
might contribute to further overcapitalization if activated. 
The Secretary must also attempt to identify potential sources 
of funding for capacity reduction programs.

Section 17. Amendment regarding definitions of fishing community and 
        recreational fishing industry

    This section modifies the definition of ``fishing 
community'' to include recreational participants, marina owners 
and operators, for-hire vessel owners and operators, bait and 
tackle shop owners and operators. It also adds a definition of 
``recreational fishing industry'' to mean individual anglers, 
boat builders, fishing tackle manufacturers, for-hire vessel 
owners and operators, bait and tackle shop owners and 
operators, and recreational marina owners and operators.

Section 18. Consideration of economic impacts

    This section amends the required provisions for fishery 
management plans to include ``economic information necessary to 
meet the requirements of'' the Magnuson-Stevens Act to the 
requirement that plans specify pertinent data that must be 
submitted to the Secretary with respect to commercial, 
recreational, and charter fishing. It also requires that the 
economic impact of the plan be included in the description of 
the different fishery sectors which participate in the fishery. 
It requires that rebuilding plans or other conservation and 
management measures which reduce the overall harvest take into 
consideration the economic impact of the restriction or 
recovery benefits on the participant in each sector when 
allocating the restriction or recovery benefits among the 
fishery sectors.

Section 19. Regional coastal disaster assistance, transition, and 
        recovery program

    This section authorizes the Secretary, when there is a 
catastrophic regional fishery disaster, in consultation with 
the Governors of the affected States, to establish a regional 
economic transition program to provide immediate disaster 
relief assistance to fishermen, charter fishing operators, U.S. 
fish processors, and owners of related fishery infrastructure 
affected by the disaster. The program shall provide funds or 
other economic assistance to affected entities or to other 
governmental entities for disbursement to affect entities, 
subject to appropriations, to meet immediate regional shoreside 
fishery infrastructure needs, financial assistance and job 
training assistance, vessel repair and refloating, debris 
removal and cleaning, public and private oyster beds, shrimp 
and other fisheries rehabilitation.
    The section also authorizes fishermen to be eligible for 
job training assistance under this program for any fisherman 
that decides to scrap their fishing vessel.
    It also allows the Secretary to waive the matching 
requirements of section 312 of the Magnuson-Stevens Act and 
Section 308 of the Interjurisdictional Fisheries Act and any 
other provision of law under which the federal share of the 
cost is limited to less than 100 percent, if the Secretary 
determines that no reasonable means are available through which 
the applicants can meet the matching requirement and if the 
probable benefit of 100 percent federal financing outweighs the 
public interest in imposition of the matching requirement.
    The section requires the Secretary, within two months after 
a catastrophic regional fishery disaster, to provide the 
Governor of each State participating in the program a 
comprehensive economic and socio-economic evaluation of the 
affected regions fisheries.
    It defines ``catastrophic regional fishery disaster'' to 
mean a natural disaster, including a hurricane or tsunami, or a 
judicial or regulatory closure to protect human health or the 
marine environment that results in economic loss to coastal 
fishing communities, affects more than one State or a major 
fishery managed by the Council or interstate fishery 
commission, and is determined by the Secretary to be a 
commercial fishery failure under Section 312 of the Magnuson-
Stevens Act or a fishery resources disaster under Section 308 
of the Interjurisdictional Fisheries Act.

Section 20. Authorization of appropriations

    This section authorizes appropriations for the Magnuson-
Stevens Act through Fiscal Year (FY) 2011. It sets the initial 
authorization for FY 2007 at the President's request for 
``Fisheries Research and Management'' and ``Enforcement and 
Training'' line items ($338.97M). For FY 2008 through FY 2011, 
the authorizations represent an eight percent increase from the 
preceding year's authorization level, rounding to the nearest 
thousand dollars.

Section 21. Review and report regarding violations of disclosure, 
        conflict of interest, and recusal provisions

    This section requires the Secretary, within six months, to 
review the votes of all fishery management Councils that have 
occurred since the enactment of the Sustainable Fisheries Act 
and to report to the House Committee on Resources whether there 
have been any meaningful violations of the disclosure, conflict 
of interest, and recusal provisions in Section 302 of the 
Magnuson-Stevens Act. It requires that the report include 
recommendations for legislative or regulatory changes that the 
Secretary considers appropriate to address any violations 
identified in the review.

Section 22. Report on effects of hurricanes

    This section requires the Administrator of the National 
Oceanic and Atmospheric Administration, within 180 days, to 
report to Congress on the effects of Hurricanes Katrina, Rita, 
and Wilma on fisheries and fish habitat of the United States. 
The report must include a description of the effect on the 
commercial and recreational fisheries, the owners and operators 
of shrimp fishing vessels, and the oyster industry.

Section 23. Study of the acidification of the oceans and effect on 
        fisheries

    This section requires the Secretary to request the National 
Research Council to conduct a study of the acidification of the 
oceans and how this process effects U.S. fisheries.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committees 
authorized in the bill are not currently being nor could they 
be performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                   Constitutional Authority Statement

    Article I, section 8, clause 3, and Article IV, section 3, 
clause 2 of the Constitution of the United States grant 
Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Magnuson-Stevens 
Fishery Conservation and Management Act.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5018--American Fisheries Management and Marine Life Enhancement 
        Act

    Summary: H.R. 5018 would amend the Magnuson-Stevens Act 
(MSA) and authorize appropriations for MSA fisheries programs 
carried out by the National Oceanic and Atmospheric 
Administration (NOAA). CBO estimates that appropriation of the 
amounts authorized by the bill would cost $228 million in 
fiscal year 2007 and about $1.8 billion over the 2007-2011 
period.
    Several provisions of H.R. 5018 also would increase 
collections of civil penalties, regulatory fees, and nonfederal 
contributions. Because NOAA would have authority to spend most 
of those additional collections, CBO estimates that enacting 
these provisions would have an insignificant net impact on the 
federal budget.
    H.R. 5018 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA); the bill would 
benefit state, local, or tribal governments, and any costs 
would be incurred voluntarily.
    H.R. 5018 would impose private-sector mandates as defined 
in UMRA. It would require certain commercial and recreational 
fishers in the United States to participate in data collection 
programs. It also would require individuals to pay quota 
origination and transfer fees for participation in a fishery 
under the limited access privilege program (LAPP), as well as 
authorize the Secretary to collect observer fees in all U.S. 
fisheries. It would prohibit the sale of recreationally caught 
fish, and it would prohibit the use of retired fishing vessels. 
It would restrict local fishers off of Navassa Island by making 
them subject to the regulations of the Magnuson-Stevens Act. 
Based on information from industry and government sources, CBO 
estimates the direct cost of complying with those mandates 
would fall below the annual threshold for private-sector 
mandates established in UMRA ($128 million in 2006, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5018 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2006     2007     2008     2009     2010     2011
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1, 2

MSA Spending Under Current Law:
    Budget Authority \3\..................................      335        0        0        0        0        0
    Estimated Outlays.....................................      322      115       46       14        7        6
Proposed Changes:
    MSA Reauthorization:
        Authorization Level...............................        0      339      366      395      428      462
        Estimated Outlays.................................        0      220      312      371      408      445
    Recreational Fishing Survey:
        Authorization Level...............................        0        5        5        5        5        5
        Estimated Outlays.................................        0        3        4        5        5        5
    Socioeconomic Data Collection:
        Authorization Level...............................        0        2        2        2        2        2
        Estimated Outlays.................................        0        2        2        2        2        2
    Grants to Minimize Bycatch:
        Authorization Level...............................        0       10       10       10       10       10
        Estimated Outlays.................................        0        3        7       10       10       10
        Total Changes:
            Authorization Level...........................        0      356      383      412      445      479
            Estimated Outlays.............................        0      228      325      388      425      462
MSA Spending Under H.R. 5018:
    Authorization Level\3\................................      335      356      383      412      445      479
    Estimated Outlays.....................................      322      343      371      402      432     468
----------------------------------------------------------------------------------------------------------------
\1\ Enacting H.R. 5018 would result in small changes in revenues and related direct spending. CBO estimates that
  the changes would be less than $500,000 annually and would offset each other in most fiscal years.
\2\ H.R. 5018 would also change the classification of about $7 million a year in revenues by directing that such
  amounts be recorded in the budget as offsetting collections. Following scorekeeping rule 13, such
  reclassifications in legislation are not counted for purposes of Congressional scorekeeping.
\3\ The 2006 level is the amount appropriated for that year for programs carried out under the MSA.
Note.--MSA = Magnuson-Stevens Act.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5018 will be enacted by the end of fiscal year 2006 and that 
the amounts authorized by the bill will be appropriated for 
each year. Estimated outlays are based on historical spending 
patterns for NOAA fisheries programs.

Spending subject to appropriation

    H.R. 5018 would authorize annual appropriations of between 
$356 million and $479 million over the 2007-2011 period for MSA 
programs. CBO estimates that appropriation of these amounts 
would cost $228 million in 2007 and $1.8 billion over the 2007-
2011 period.
    Of the amounts specified for each year, between $339 
million and $462 million would be authorized to carry out the 
MSA as amended by H.R. 5018. These amounts would fund 
conservation and management programs of the MSA as well as new 
programs or requirements to be carried out by NOAA. Major new 
activities would include:
           Financial assistance to fishermen, charter 
        operators, and related businesses for losses resulting 
        from coastal disasters,
           A research program to identify and collect 
        information on marine ecosystems, and
           An independent peer review of NOAA's 
        assessments of regional fishery stocks.
    In addition, the bill would authorize the appropriation of 
$17 million a year for three new programs:
           $5 million for a survey on recreational 
        fishing,
           $2 million for fisheries councils to collect 
        socioeconomic data on fishing communities, and
           $10 million for grants to nonfederal 
        entities to develop fishing gear to minimize 
        unintentional catches of other species, including 
        seabirds.

Revenues and direct spending

    Limited Access Privilege Programs Fees. Section 7 of the 
bill would amend the statute governing fees collected under 
NOAA's limited access privilege programs. Those programs are 
used by NOAA to manage regulated fisheries by dividing shares 
of the annual allowable catch among commercial fishermen. Under 
current law, fees collected under LAPP are considered revenues 
and are spent without further appropriation to administer the 
programs.
    Section 7 would require NOAA to collect additional fees 
from fishermen who hold individual fishing quotas (IFQs) under 
any LAPP established after the bill's enactment. The new fees 
would be equal to 1 percent of the value of a fisherman's 
annual quota. The 1 percent fee would be imposed when a quota 
is initially issued under the LAPP and again if that quota is 
transferred to another entity. Amounts collected from the new 
fees would be credited against the agency's appropriation and 
could be spent to implement the LAPP for the affected fishery.
    CBO estimates that NOAA would collect less than $500,000 
annually under section 7. Because these amounts would be 
available without further appropriation, we estimate that the 
net budgetary effect of this provision would be negligible in 
any fiscal year.
    Also, section 7 would eliminate the existing IFQ fee that 
is collected from Alaska communities that are allocated quotas 
under the community development quota program. CBO estimates 
that the loss of that revenue would have a negligible impact on 
the budget.
    Finally, section 7 would change the budgetary 
classification of the current annual fee on holders of IFQs. 
That fee is equal to 3 percent of the ex-vessel value of the 
annual catch. About $7 million a year in revenues is collected 
from this fee. Under the legislation, those amounts would 
become offsetting collections. The resulting decrease in 
revenues is not counted for purposes of Congressional 
consideration, however, pursuant to scorekeeping rule 13, which 
states that reclassifications are not counted for purposes of 
enforcing the budget resolution (see House Report 105-217, the 
conference report on the Balanced Budget Act of 1997, page 
1011). Annual collections of this fee would continue to be 
available without further appropriation action.
    Fishery Observer Fees. Section 9 would authorize NOAA to 
establish a funding system to recover the costs of stationing 
observers on board fishing vessels to collect data and enforce 
fishery management plans. The bill would establish a fishery 
observer fund, which could be credited with IFQ fees, private 
contributions, any fees that NOAA might impose under this 
section, and any interest earned on the fund's balances. 
Amounts in the fund would be available, subject to 
appropriation, to cover the costs of operating the observer 
program.
    CBO expects that the general and permissive authority 
provided by section 9 would not result in the collection of any 
significant fees over the next several years because NOAA would 
not be required to charge new fees. CBO further expects that 
NOAA would not deposit any IFQ fees into the new fund because 
such amounts are already available to be spent without further 
appropriation but would require appropriation if deposited into 
the fund. CBO also expects that private foundations and other 
nonfederal entities would be unlikely to contribute significant 
amounts to the fund because spending those amounts would 
require future appropriation actions.
    Civil Penalties. Section 12 would increase federal revenues 
by expanding the number of actions prohibited under the MSA 
that are subject to civil penalties. CBO estimates that any 
additional collections would total less than $500,000 a year. 
Because most amounts collected from such penalties would be 
retained by NOAA and spent without further appropriation, we 
estimate that this provision of the bill would have no 
significant impact on the federal budget.
    Estimated impact on state, local, and tribal governments: 
H.R. 5018 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. The funds authorized by the bill would benefit 
states that implement fish conservation and management 
initiatives. Any costs they might incur would result from 
complying with conditions for receiving federal assistance.
    Estimated impact on the private sector: H.R. 5018 would 
impose private-sector mandates as defined in UMRA. It would:
           Require certain commercial and recreational 
        fishers in the United States to participate in data 
        collection programs;
           Require individuals to pay quota origination 
        and transfer fees for participation in a fishery under 
        the Limited Access Privilege program, as well as 
        authorize the Secretary to collect observer fees in all 
        U.S. fisheries;
           Prohibit the sale of recreationally caught 
        fish, and prohibit the use of retired fishing vessels; 
        and
           Restrict local fishers off of Navassa Island 
        by promulgating the regulations of the Magnuson-Stevens 
        Act upon their fishing activities.
    Based on information from industry and government sources, 
CBO estimates the direct cost of complying with those mandates 
would fall below the annual threshold for private-sector 
mandates established in UMRA ($128 million in 2006, adjusted 
annually for inflation).

Data collection programs

    Section 4 would require the Secretary to establish a 
program to improve the quality and accuracy of recreational 
fishing data collection programs. The program would increase 
the number of intercepts of fishers to estimate catch, use 
surveys that target fishers registered at the state level to 
collect participation and effort data, and require collection 
and analysis of vessel trip report data from for-hire vessels 
including party, head, and charter fishing vessels. The bill 
would prohibit the Secretary from collecting fees for the 
purpose of data collection, though costs may be incurred by 
thousands of individuals and charter fishing companies to 
comply with the program. Section 4 also would authorize the 
Secretary to require a vessel monitoring system similar to 
electronic monitoring technology on vessels participating in 
certain fisheries. These types of technologies are currently 
required for participation in some fisheries. Based on 
information from government sources, CBO estimates that the 
cost of these provisions would not be large.

Fees

    Section 7 would amend the statute governing fees collected 
under the limited access privilege program. The new fees would 
be equal to 1 percent of the value of a fisherman's annual 
quota. The 1 percent fee would be imposed when a quota is 
initially issued under the LAPP and again if that quota is 
transferred to another entity.
    In addition, section 9 would authorize the Secretary of 
Commerce to collect observer fees from operators of fishing 
vessels in all U.S. fisheries. The fees would be used to help 
pay for the cost of stationing observers on board fishing 
vessels and fish processors, as well as the cost of managing 
data collected by the observers.
    Based on information from government sources, CBO estimates 
the direct cost to the private sector of these fees would be 
small.

Prohibitions

    Section 12 would prohibit the sale or purchase of any fish 
caught in recreational fishing. According to government 
sources, most fisheries under U.S. jurisdiction have laws 
prohibiting the sale of fish caught by recreational fishers. 
The prohibition would affect certain fisheries in U.S. 
territories that do not have laws that prohibit the sale of 
recreationally caught fish.
    Section 12 also would prohibit the use of any fishing 
vessel to engage in fishing in any part of the world after the 
Secretary of Commerce has made a payment to the owner to 
permanently retire that vessel. Currently, retired vessels may 
not be used in the fishery for which they were licensed when 
the owner agreed to retire their vessel. Some vessel owners, 
though, have sold their vessels to entities in other fisheries 
or to foreign fishing firms.
    Based on information from government sources, CBO estimates 
that cost of these prohibitions to the private sector would not 
be large.

Regulation of fisheries adjacent to Navassa Island

    Section 5 would restrict local fishers off of Navassa 
Island by making them subject to the regulations of the 
Magnuson-Stevens Act. Navassa Island is an uninhabited, 
unincorporated territory of the United States that lies off the 
West coast of Haiti. Most of the fishing off the small island 
is done by local, subsistence fishers from Haiti who are not 
currently regulated under the Act. If regulated under the Act, 
all individuals who fish in the waters off the island would be 
subject to the fishery management plan established for the 
Caribbean region. Because this provision would affect so few 
people, CBO estimates that the cost of this provision would be 
small.
    Previous CBO estimate: On May 6, 2006, CBO transmitted a 
cost estimate for S. 2012, the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2005, as 
reported by the Senate Committee on Commerce, Science, and 
Transportation on April 4, 2006. S. 2012 and H.R. 5018 would 
both reauthorize fisheries programs carried out by NOAA, but S. 
2012 would cover programs covered by fisheries acts other than 
the MSA. Moreover, the bills would require NOAA to carry out 
different grant programs and studies. The CBO cost estimates 
reflect these differences.
    Both S. 2012 and H.R. 5018 would restrict local fishers off 
Navassa Island by making them subject to the regulations of the 
Magnuson-Stevens Act. The bills also would increase data 
collection by the Secretary on recreational fishing, though S. 
2012 would require certain recreational fishers in the United 
States to register in a federal recreational fishery registry. 
S. 2012 would require commercial fishing operations to submit 
to the Secretary of Commerce certain confidential and 
proprietary information. S. 2012 also would reauthorize an 
existing mandate on owners of vessels that fish for Dungeness 
crab by allowing the states of Washington, Oregon, and 
California to issue permits for Dungeness crab and to collect 
permit fees. Based on information from industry and government 
sources, CBO estimated the direct cost of complying with these 
mandates would fall below the annual threshold for private-
sector mandates established in UMRA.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on State, local, and tribal governments: Lisa Ramirez-Branum; 
Impact on the private sector: Tyler Kruzic.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Compliance With Public Law 104-094

    This bill contains no unfunded mandates as defined by 
Public Law 104-094.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SUSTAINABLE FISHERIES ACT

           *       *       *       *       *       *       *



TITLE I--CONSERVATION AND MANAGEMENT

           *       *       *       *       *       *       *


SEC. 102. DEFINITIONS.

  Section 3 (16 U.S.C. 1802) is amended--
          (1) * * *
          (2) in paragraph (7) (as redesignated)--
                  (A) by striking ``[COELENTERATA] 
                COELENTERATA'' from the heading of the list of 
                corals and inserting ``[CNIDARIA] CNIDARIA''; 
                and
                  (B) in the list appearing under the heading 
                ``[CRUSTACEA] CRUSTACEA'', by striking ``Deep-
                sea Red Crab--Geryon quinquedens'' and 
                inserting ``Deep-sea Red Crab--Chaceon 
                quinquedens'';

           *       *       *       *       *       *       *

          (11) by striking ``for which a fishery management 
        plan prepared under title III or a preliminary fishery 
        management plan prepared under section 201(g) has been 
        implemented'' in paragraph [(42)] (43) (as 
        redesignated) and inserting ``regulated under this 
        Act''; and

           *       *       *       *       *       *       *

                              ----------                              


        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Magnuson-Stevens Fishery Conservation 
and Management Act''.

                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
     * * * * * * *
Sec. 4. Authorization of appropriations.
     * * * * * * *

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

     * * * * * * *
Sec. 303A. Limited access privilege programs.
     * * * * * * *
Sec. 315. Compliance with National Environmental Policy Act of 1969.
Sec. 316. Regional coastal disaster assistance, transition, and recovery 
          program.

                TITLE IV--FISHERY MONITORING AND RESEARCH

     * * * * * * *
Sec. 408. Regional stock assessments.
Sec. 409. Gear grant program.

SEC. 2. FINDINGS, PURPOSES AND POLICY.

  (a) Findings.--The Congress finds and declares the following:
          (1) * * *

           *       *       *       *       *       *       *

          (6) A national program for the conservation and 
        management of the fishery resources of the United 
        States is necessary to prevent overfishing, to rebuild 
        [overfished] diminished stocks, to insure conservation, 
        to facilitate long-term protection of essential fish 
        habitats, and to realize the full potential of the 
        Nation's fishery resources.

           *       *       *       *       *       *       *

  (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (6) to foster and maintain the diversity of fisheries 
        in the United States; [and]
          (7) to ensure that the fishery resources adjacent to 
        a Pacific Insular Area, including resident or migratory 
        stocks within the exclusive economic zone adjacent to 
        such areas, be explored, developed, conserved, and 
        managed for the benefit of the people of such area and 
        of the United States[.]; and
          (8) to support and encourage efforts to understand 
        the interactions of species in the marine environment 
        and the development of ecosystem-based approaches to 
        fisheries conservation and management that will lead to 
        better stewardship and sustainability of the Nation's 
        coastal fishery resources and fishing communities.

SEC. 3. DEFINITIONS.

  (a) General Definitions.--As used in this Act, unless the 
context otherwise requires--
          (1) * * *

           *       *       *       *       *       *       *

          (4A) The term ``confidential information'' means--
                  (A) trade secrets; or
                  (B) commercial or financial information the 
                disclosure of which is likely to result in 
                substantial harm to the competitive position of 
                the person who submitted the information to the 
                Secretary.

           *       *       *       *       *       *       *

          (8A) The term ``diminished'' means a fishery whose 
        abundance is at or below a level that jeopardizes the 
        capacity of the fishery to produce maximum sustainable 
        yield on a continuing basis.

           *       *       *       *       *       *       *

          (16) The term ``fishing community'' means a community 
        which is substantially dependent on or substantially 
        engaged in the [harvest] catch, harvest, or processing 
        of fishery resources to meet social and economic needs, 
        and includes fishing vessel owners, operators, and 
        crew, recreational participants, marina owners and 
        operators, for-hire vessel owners and operators, bait 
        and tackle shop owners and operators, and United States 
        fish processors that are based in such community.

           *       *       *       *       *       *       *

          (23A) The term ``limited access privilege''--
                  (A) means a Federal permit, issued as part of 
                a limited access system under section 303A to 
                harvest a quantity of fish that may be received 
                or held for exclusive use by a person; and
                  (B) includes an individual fishing quota; but
                  (C) does not include community development 
                quotas as described in section 305(i).

           *       *       *       *       *       *       *

          (27A) The term ``observer information'' means any 
        information collected, observed, retrieved, or created 
        by an observer or electronic monitoring system pursuant 
        to authorization by the Secretary, or collected as part 
        of a cooperative research initiative, including fish 
        harvest or fish processing observations, fish sampling 
        or weighing data, vessel logbook data, vessel- or fish 
        processor-specific information (including any safety, 
        location, or operating condition observations), and 
        video, audio, photographic, or written documents.
          (28) The term ``optimum'', with respect to the yield 
        from a fishery, means the amount of fish which--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) in the case of an [overfished] diminished 
                fishery, provides for rebuilding to a level 
                consistent with producing the maximum 
                sustainable yield in such fishery.

           *       *       *       *       *       *       *

          [(29) The terms ``overfishing'' and ``overfished'' 
        mean a rate or level of fishing mortality that 
        jeopardizes the capacity of a fishery to produce the 
        maximum sustainable yield on a continuing basis.]
          (29) The term ``overfishing'' means a rate or level 
        of fishing mortality that jeopardizes the capacity of a 
        fishery to produce the maximum sustainable yield on a 
        continuing basis.

           *       *       *       *       *       *       *

          [(35) The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          [(36) The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990. In particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.]
          [(37)] (35) The term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, the Virgin 
        Islands, Guam, and any other Commonwealth, territory, 
        or possession of the United States.
          [(38)] (36) The term ``stock of fish'' means a 
        species, subspecies, geographical grouping, or other 
        category of fish capable of management as a unit.
          [(39)] (37) The term ``treaty'' means any 
        international fishery agreement which is a treaty 
        within the meaning of section 2 of article II of the 
        Constitution.
          [(40)] (38) The term ``tuna species'' means the 
        following:
                  Albacore Tuna--Thunnus alalunga;
                  Bigeye Tuna--Thunnus obesus;
                  Bluefin Tuna--Thunnus thynnus;
                  Skipjack Tuna--Katsuwonus pelamis; and
                  Yellowfin Tuna--Thunnus albacares.
          [(41)] (39) The term ``United States'', when used in 
        a geographical context, means all the States thereof.
          [(42)] (40) The term ``United States fish 
        processors'' means facilities located within the United 
        States for, and vessels of the United States used or 
        equipped for, the processing of fish for commercial use 
        or consumption.
          [(43)] (41) The term ``United States harvested fish'' 
        means fish caught, taken, or harvested by vessels of 
        the United States within any fishery for which a 
        fishery management plan prepared under title III or a 
        preliminary fishery management plan prepared under 
        section 201(h) has been implemented.
          [(44)] (42) The term ``vessel subject to the 
        jurisdiction of the United States'' has the same 
        meaning such term has in section 3(c) of the Maritime 
        Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
          [(45)] (43) The term ``vessel of the United States'' 
        means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(33)] (44) The term ``waters of a foreign nation'' 
        means any part of the territorial sea or exclusive 
        economic zone (or the equivalent) of a foreign nation, 
        to the extent such territorial sea or exclusive 
        economic zone is recognized by the United States.
          (45) The term ``recreational fishing industry'' means 
        individual anglers, boat builders, fishing tackle 
        manufacturers, for-hire vessel owners and operators, 
        bait and tackle shop owners and operators, and 
        recreational marina owners and operators.
  (b) Terms Relating to Agreement With the Former Soviet 
Union.--As used in this Act the term ``special areas'' means 
the areas referred to as eastern special areas in Article 3(1) 
of the Agreement between the United States of America and the 
Union of Soviet Socialist Republics on the Maritime Boundary, 
signed June 1, 1990. In particular, the term refers to those 
areas east of the maritime boundary, as defined in that 
Agreement, that lie within 200 nautical miles of the baselines 
from which the breadth of the territorial sea of Russia is 
measured but beyond 200 nautical miles of the baselines from 
which the breadth of the territorial sea of the United States 
is measured.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary for 
the purposes of carrying out the provisions of this Act, not to 
exceed the following sums:
          [(1) $147,000,000 for fiscal year 1996;
          [(2) $151,000,000 for fiscal year 1997;
          [(3) $155,000,000 for fiscal year 1998; and
          [(4) $159,000,000 for fiscal year 1999.]
          (1) $338,970,000 for fiscal year 2007.
          (2) $366,087,000 for fiscal year 2008.
          (3) $395,374,000 for fiscal year 2009.
          (4) $427,604,000 for fiscal year 2010.
          (5) $461,812,000 for fiscal year 2011.

           *       *       *       *       *       *       *


             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

  (a) In General.--Any fishery management plan prepared, and 
any regulation promulgated to implement any such plan, pursuant 
to this title shall be consistent with the following national 
standards for fishery conservation and management:
          (1) * * *

           *       *       *       *       *       *       *

          (8) Conservation and management measures shall, 
        consistent with the conservation requirements of this 
        Act (including the prevention of overfishing and 
        rebuilding of [overfished] diminished stocks), take 
        into account the importance of fishery resources to 
        fishing communities in order to (A) provide for the 
        sustained participation of such communities, and (B) to 
        the extent practicable, minimize adverse economic 
        impacts on such communities.

           *       *       *       *       *       *       *


SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.

  (a) Establishment.--(1) There shall be established, within 
120 days after the date of the enactment of this Act, eight 
Regional Fishery Management Councils, as follows:
          (A) * * *

           *       *       *       *       *       *       *

          (D) Caribbean council.--The Caribbean Fishery 
        Management Council shall consist of the Virgin Islands 
        and the Commonwealth of Puerto Rico and shall have 
        authority over the fisheries in the Caribbean Sea and 
        Atlantic Ocean seaward of such States and of 
        commonwealths, territories, and possessions of the 
        United States in the Caribbean Sea (except as provided 
        in paragraph (3)). The Caribbean Council shall have 7 
        voting members, including 4 appointed by the Secretary 
        in accordance with subsection (b)(2) (at least one of 
        whom shall be appointed from each such State).

           *       *       *       *       *       *       *

  (b) Voting Members.--(1) * * *
  (2)(A) * * *

           *       *       *       *       *       *       *

  (C) The Secretary shall appoint the members of each Council 
from a list of individuals submitted by the Governor of each 
applicable constituent State. A Governor may submit the names 
of individuals from academia, or other public interest areas 
including conservation organizations and the seafood consuming 
public, if the Governor has determined that each such 
individual is qualified under the requirements of subparagraph 
(A). A Governor may not submit the names of individuals to the 
Secretary for appointment unless the Governor has determined 
that each such individual is qualified under the requirements 
of subparagraph (A) and unless the Governor has, to the extent 
practicable, first consulted with representatives of the 
commercial and recreational fishing interests of the State 
regarding those individuals. Each such list shall include the 
names and pertinent biographical data of not less than three 
individuals for each applicable vacancy and shall be 
accompanied by a statement by the Governor explaining how each 
such individual meets the requirements of subparagraph (A). The 
Secretary shall review each list submitted by a Governor to 
ascertain if the individuals on the list are qualified for the 
vacancy on the basis of such requirements. If the Secretary 
determines that any individual is not qualified, the Secretary 
shall notify the appropriate Governor of that determination. 
The Governor shall then submit a revised list or resubmit the 
original list with an additional explanation of the 
qualifications of the individual in question. An individual is 
not eligible for appointment by the Secretary until that 
individual complies with the applicable financial disclosure 
requirements under subsection (k).

           *       *       *       *       *       *       *

  (g) Committees and Panels.--
          (1)(A) Each Council shall establish and maintain, and 
        appoint the members of, a scientific and statistical 
        committee to assist it in the development, collection, 
        and evaluation 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 and for the maximum 
        sustainable yield for each fishery under the 
        jurisdiction of the Council, and reports on stock 
        status and health, bycatch, habitat status, socio-
        economic impacts of management measures, and 
        sustainability of fishing practices.
          (C) Members appointed to the scientific and 
        statistical committees shall be Federal employees, 
        State employees, academicians, or independent experts 
        with strong scientific or technical credentials and 
        experience.
          (D) In addition to payments authorized by subsection 
        (f)(7), the Secretary shall pay a stipend to members of 
        the scientific and statistical committees who are not 
        employed by the Federal Government or a State 
        government agency.
          (E) A science and statistical committee shall hold 
        its meetings in conjunction with the meetings of the 
        Council, to the extent practicable.

           *       *       *       *       *       *       *

          (6) Peer review process.--
                  (A) The Secretary and each Council shall 
                establish a peer review process for scientific 
                information used to advise the Secretary or the 
                Council, respectively, about the conservation 
                and management of fisheries.
                  (B) The Secretary and each Council shall 
                ensure that the peer review process established 
                under this paragraph--
                          (i) to the extent practicable, will 
                        not delay the process of providing to 
                        the Council or the Secretary, 
                        respectively, current information for 
                        use in managing fisheries; and
                          (ii) is as transparent as possible, 
                        so that interested members of the 
                        public can provide input during the 
                        review process.
  (h) Functions.--Each Council shall, in accordance with the 
provisions of this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (5) review on a continuing basis, and revise as 
        appropriate, the assessments and specifications made 
        pursuant to section 303(a)(3) and (4) with respect to 
        the optimum yield from, the capacity and extent to 
        which United States fish processors will process United 
        States harvested fish from, and the total allowable 
        level of foreign fishing in, each fishery (except as 
        provided in subsection (a)(3)) within its geographical 
        area of authority; [and]
          (6) conduct any other activities which are required 
        by, or provided for in, this Act or which are necessary 
        and appropriate to the foregoing functions[.];
          (7) adopt a total allowable catch limit or other 
        annual harvest effort control limit for each of the 
        fisheries for which such a limit can be established, 
        after considering the recommendation of the scientific 
        and statistical committee of the Council having 
        jurisdiction over the fishery, which shall not exceed 
        the recommendation for the acceptable biological catch 
        as recommended by such scientific and statistical 
        committee; and
          (8) develop, in conjunction with the scientific and 
        statistical committee, multi-year research priorities 
        for fisheries, fisheries interactions, habitats, and 
        other areas of research that are necessary for 
        management purposes, that shall--
                  (A) establish priorities for 5-year periods;
                  (B) be updated as necessary; and
                  (C) be submitted to the Secretary and the 
                regional science centers of the National Marine 
                Fisheries Service for their consideration in 
                developing research priorities and budgets for 
                the region of the Council.
  (i) Procedural Matters.--(1) * * *
  (2) The following guidelines apply with respect to the 
conduct of business at meetings of a Council, and of the 
scientific and statistical committee and advisory panels 
established under subsection (g):
          (A) * * *
          (C) Timely public notice of each regular meeting and 
        each emergency meeting, including the time, place, and 
        agenda of the meeting, shall be [published in local 
        newspapers] provided by any means that will result in 
        wide publicity (except that e-mail notification and Web 
        site postings alone are not sufficient) 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.] fishery). 
        Timely notice of each regular meeting shall also be 
        published in the Federal Register. The published agenda 
        of the meeting may not be modified to include 
        additional matters for Council action without public 
        notice or within 14 days prior to the meeting date, 
        unless such modification is to address an emergency 
        action under section 305(c), in which case public 
        notice shall be given immediately.

           *       *       *       *       *       *       *

  (3)(A) * * *
  (B) If any meeting or portion is closed, the Council 
concerned shall [notify local newspapers] provide notice by any 
means that will result in wide publicity in the major fishing 
ports within its region (and in other major, affected fishing 
ports), including in that notification the time and place of 
the meeting. This subparagraph does not require notification 
regarding any brief closure of a portion of a meeting in order 
to discuss employment or other internal administrative matters.

           *       *       *       *       *       *       *

  (k) Council Training Program.--
          (1) Training course.--Within 6 months after the date 
        of the enactment of the American Fisheries Management 
        and Marine Life Enhancement Act, the Secretary, in 
        consultation with the Councils and the National Sea 
        Grant College Program, shall develop a training course 
        for newly appointed Council members. The course may 
        cover a variety of topics relevant to matters before 
        the Councils, including--
                  (A) fishery science and basic stock 
                assessment methods;
                  (B) fishery management techniques, data 
                needs, and Council procedures;
                  (C) social science and fishery economics;
                  (D) tribal treaty rights and native customs, 
                access, and other rights related to Western 
                Pacific indigenous communities;
                  (E) legal requirements of this Act, including 
                conflict of interest and disclosure provisions 
                of this section and related policies;
                  (F) other relevant legal and regulatory 
                requirements, including the National 
                Environmental Policy Act (42 U.S.C. 4321 et 
                seq.);
                  (G) public process for development of fishery 
                management plans;
                  (H) recreational and commercial fishing 
                information including fish harvesting 
                techniques, gear types, fishing vessel types, 
                and economics, for the fisheries within each 
                Council's jurisdiction; and
                  (I) other topics suggested by the Council.
          (2) Member training.--The training course--
                  (A) shall be available to both new and 
                existing Council members, staff from the 
                regional offices and regional science centers 
                of the National Marine Fisheries Service; and
                  (B) may be made available to committee or 
                advisory panel members as resources allow.
          (3) Required training.--Council members appointed 
        after the date of the enactment of the American 
        Fisheries Management and Marine Life Enhancement Act 
        must complete the training course developed under this 
        subsection.
  (l) Council Coordination Committee.--The Councils may 
establish a Council coordination committee to discuss issues of 
relevance to all Councils, including issues related to the 
implementation of this Act. The committee shall consist of the 
chairs, vice chairs, and executive directors of each of the 
Councils described in subsection (a)(1), or other Council 
members or staff.

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.

  (a) Required Provisions.--Any fishery management plan which 
is prepared by any Council, or by the Secretary, with respect 
to any fishery, shall--
          (1) contain the conservation and management measures, 
        applicable to foreign fishing and fishing by vessels of 
        the United States, which are--
                  (A) necessary and appropriate for the 
                conservation and management of the fishery, to 
                prevent overfishing and rebuild [overfished] 
                diminished stocks, and to protect, restore, and 
                promote the long-term health and stability of 
                the fishery;

           *       *       *       *       *       *       *

          (5) specify the pertinent data which shall be 
        submitted to the Secretary with respect to commercial, 
        recreational, and charter fishing in the fishery, 
        including, but not limited to, information regarding 
        the type and quantity of fishing gear used, catch by 
        species in numbers of fish or weight thereof, areas in 
        which fishing was engaged in, time of fishing, number 
        of hauls, economic information necessary to meet the 
        requirements of this Act, and the estimated processing 
        capacity of, and the actual processing capacity 
        utilized by, United States fish processors,

           *       *       *       *       *       *       *

          (9) include a fishery impact statement for the plan 
        or amendment (in the case of a plan or amendment 
        thereto submitted to or prepared by the Secretary after 
        October 1, 1990) which shall assess, specify, and 
        [describe the likely effects, if any, of the 
        conservation and management measures on--] analyze the 
        likely effects, if any, including the cumulative 
        conservation, economic, and social impacts of, the 
        conservation and management measures on, and possible 
        mitigation measures for--
                  (A) * * *

           *       *       *       *       *       *       *

          (10) specify objective and measurable criteria for 
        identifying when the fishery to which the plan applies 
        is [overfished] diminished (with an analysis of how the 
        criteria were determined and the relationship of the 
        criteria to the reproductive potential of stocks of 
        fish in that fishery) and, in the case of a fishery 
        which the Council or the Secretary has determined is 
        approaching an [overfished] diminished condition or is 
        [overfished] diminished, contain conservation and 
        management measures to prevent overfishing or end 
        overfishing and rebuild the fishery;

           *       *       *       *       *       *       *

          (13) include a description of the commercial, 
        recreational, and charter fishing sectors which 
        participate in the [fishery] fishery, including their 
        economic impact, and, to the extent practicable, 
        quantify trends in landings of the managed fishery 
        resource by the commercial, recreational, and charter 
        fishing sectors; [and]
          (14) to the extent that rebuilding plans or other 
        conservation and management measures which reduce the 
        overall harvest in a fishery are necessary, [allocate] 
        allocate, taking into consideration the economic impact 
        of harvest restrictions or recovery benefits on the 
        fishery participants in each sector, any harvest 
        restrictions or recovery benefits fairly and equitably 
        among the commercial, recreational, and charter fishing 
        sectors in the fishery[.];
          (15) provide a mechanism for specifying the total 
        allowable catch or another annual catch limit under the 
        plan (including for a multiyear plan) for each fishery 
        for which an annual catch limit can be established, 
        that--
                  (A) is based on the best scientific 
                information available; and
                  (B) in the case of a plan issued by a 
                Council, does not exceed the acceptable 
                biological catch level recommended by the 
                scientific and statistical committee of the 
                Council;
          (16) with respect to any closure of an area to all 
        fisheries managed under this Act, include provisions 
        that ensure that such closure--
                  (A) is based on the best scientific 
                information available;
                  (B) includes criteria to assess the 
                conservation benefit of the closed area;
                  (C) establishes a timetable for review of the 
                closed area's performance that is consistent 
                with the purposes of the closed area; and
                  (D) is based on an assessment of the benefits 
                and impacts of the closure, including its size, 
                in relation to other management measures 
                (either alone or in combination with such 
                measures), including the benefits and impacts 
                of limiting access to--
                          (i) users of the area;
                          (ii) overall fishing activity;
                          (iii) fishery science; and
                          (iv) fishery and marine conservation; 
                        and
          (17) contain information on the Council's efforts to 
        study, develop, and describe appropriate alternatives 
        to recommend courses of action.
  (b) Discretionary Provisions.--Any fishery management plan 
which is prepared by any Council, or by the Secretary, with 
respect to any fishery, may--
          (1) * * *

           *       *       *       *       *       *       *

          (11) reserve a portion of the [allowable] acceptable 
        biological catch of the fishery for use in scientific 
        research; [and]
          (12) prescribe such other measures, requirements, or 
        conditions and restrictions as are determined to be 
        necessary and appropriate for the conservation and 
        management of the fishery[.];
          (13) include provisions to create a cooperative 
        research component including the use of commercial 
        fishing, charter fishing, or recreational fishing 
        vessels for the gathering of data on stock abundance, 
        composition, distribution, or other relevant 
        information important for the implementation of the 
        plan;
          (14) contain research, conservation, and management 
        measures that encompass more than one fishery and are 
        for the purpose of managing the fishery resources 
        concerned under an ecosystem-based management system;
          (15) require a Vessel Monitoring System or other 
        similar electronic monitoring technology for the 
        purposes of enforcing, monitoring, or collecting data 
        from a fishery or fishery sector;
          (16) establish a system of incentives to reduce total 
        bycatch and seabird interaction, bycatch rates, and 
        post-release mortality in fisheries under the Council's 
        or Secretary's jurisdiction, including--
                  (A) measures to incorporate bycatch into 
                quotas, including the establishment of 
                collective or individual bycatch quotas;
                  (B) measures to promote the use of gear with 
                verifiable and monitored low bycatch and 
                seabird interaction rates; and
                  (C) measures that, based on the best 
                scientific information available, will reduce 
                bycatch and seabird interaction, bycatch 
                mortality, post-release mortality, or 
                regulatory discards in the fishery; and
          (17) designate closed areas, seasonal closures, time/
        area closures, gear restrictions, or other methods for 
        limiting impacts on habitat, limit bycatch impacts of 
        gear, or limit fishing impact on spawning congregations 
        in specific geographic areas.

           *       *       *       *       *       *       *

  [(d) Individual Fishing Quotas.--
          [(1)(A) A Council may not submit and the Secretary 
        may not approve or implement before October 1, 2002, 
        any fishery management plan, plan amendment, or 
        regulation under this Act which creates a new 
        individual fishing quota program.
          [(B) Any fishery management plan, plan amendment, or 
        regulation approved by the Secretary on or after 
        January 4, 1995, which creates any new individual 
        fishing quota program shall be repealed and immediately 
        returned by the Secretary to the appropriate Council 
        and shall not be resubmitted, reapproved, or 
        implemented during the moratorium set forth in 
        subparagraph (A).
          [(2)(A) No provision of law shall be construed to 
        limit the authority of a Council to submit and the 
        Secretary to approve the termination or limitation, 
        without compensation to holders of any limited access 
        system permits, of a fishery management plan, plan 
        amendment, or regulation that provides for a limited 
        access system, including an individual fishing quota 
        program.
          [(B) This subsection shall not be construed to 
        prohibit a Council from submitting, or the Secretary 
        from approving and implementing, amendments to the 
        North Pacific halibut and sablefish, South Atlantic 
        wreckfish, or Mid-Atlantic surf clam and ocean 
        (including mahogany) quahog individual fishing quota 
        programs.
          [(3) An individual fishing quota or other limited 
        access system authorization--
                  [(A) shall be considered a permit for the 
                purposes of sections 307, 308, and 309;
                  [(B) may be revoked or limited at any time in 
                accordance with this Act;
                  [(C) shall not confer any right of 
                compensation to the holder of such individual 
                fishing quota or other such limited access 
                system authorization if it is revoked or 
                limited; and
                  [(D) shall not create, or be construed to 
                create, any right, title, or interest in or to 
                any fish before the fish is harvested.
          [(4)(A) 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 the--
                  [(i) purchase of individual fishing quotas in 
                that fishery by fishermen who fish from small 
                vessels; and
                  [(ii) first-time purchase of individual 
                fishing quotas in that fishery by entry level 
                fishermen.
          [(B) A Council making a submission under subparagraph 
        (A) shall recommend criteria, consistent with the 
        provisions of this Act, that a fisherman must meet to 
        qualify for guarantees under clauses (i) and (ii) of 
        subparagraph (A) and the portion of funds to be 
        allocated for guarantees under each clause.
          [(5) In submitting and approving any new individual 
        fishing quota program on or after October 1, 2002, the 
        Councils and the Secretary shall consider the report of 
        the National Academy of Sciences required under section 
        108(f) of the Sustainable Fisheries Act, and any 
        recommendations contained in such report, and shall 
        ensure that any such program--
                  [(A) establishes procedures and requirements 
                for the review and revision of the terms of any 
                such program (including any revisions that may 
                be necessary once a national policy with 
                respect to individual fishing quota programs is 
                implemented), and, if appropriate, for the 
                renewal, reallocation, or reissuance of 
                individual fishing quotas;
                  [(B) provides for the effective enforcement 
                and management of any such program, including 
                adequate observer coverage, and for fees under 
                section 304(d)(2) to recover actual costs 
                directly related to such enforcement and 
                management; and
                  [(C) provides for a fair and equitable 
                initial allocation of individual fishing 
                quotas, prevents any person from acquiring an 
                excessive share of the individual fishing 
                quotas issued, and considers the allocation of 
                a portion of the annual harvest in the fishery 
                for entry-level fishermen, small vessel owners, 
                and crew members who do not hold or qualify for 
                individual fishing quotas.]
  (d) Best Scientific Information Available.--The Secretary 
shall develop guidelines for the Councils to use in determining 
what is the best scientific information available. The 
Secretary shall base these guidelines on the recommendations 
for guidelines developed by the Ocean Studies Board of the 
National Research Council in its report titled ``Improving the 
Use of the Best Scientific Information Available, Standard in 
Fisheries Management''.
  (e) Observer Provisions.--
          (1) Costs.--Costs for observer coverage that is 
        primarily for the enforcement of a fishery management 
        plan or for data collection necessary for the 
        monitoring of a fishery--
                  (A) shall be paid for by the Secretary; and
                  (B) under a limited access program, may be 
                considered as a cost to be recovered under the 
                authority of section 303A(e)(2).
          (2) Liability for sanctions.--A fishing vessel that 
        is required to have an observer onboard pursuant to 
        section 303(b)(8), the owner or operator of such a 
        fishing vessel, and the United States shall not be 
        liable for any sanction imposed on the observer for 
        actions of the observer in the course of performance of 
        duties as an observer.

           *       *       *       *       *       *       *


SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

  (a) In General.--After the date of enactment of the American 
Fisheries Management and Marine Life Enhancement Act, a Council 
may submit, and the Secretary may approve, for a fishery that 
is managed under a limited access system, a limited access 
privilege program to harvest fish if the program meets the 
requirements of this section.
  (b) No Creation of Right, Title, or Interest.--A limited 
access system, limited access privilege, quota share, or other 
authorization established, implemented, or managed under this 
Act--
          (1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
          (2) may be revoked, limited, or modified at any time 
        in accordance with this Act, including revocation for 
        failure to comply with the terms of the plan or if the 
        system is found to have jeopardized the sustainability 
        of the stock or the safety of fishermen;
          (3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, 
        or other such limited access system authorization if it 
        is revoked, limited, or modified;
          (4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the 
        fish is harvested by the holder; and
          (5) shall be considered a grant of permission to the 
        holder of the limited access privilege or quota share 
        to engage in activities permitted by such limited 
        access privilege or quota share.
  (c) Requirements for Limited Access Privileges.--
          (1) In general.--In addition to complying with the 
        other requirements of this Act, any limited access 
        privilege program to harvest fish submitted by a 
        Council or approved by the Secretary under this section 
        shall--
                  (A) if established in a fishery that is 
                overfished or subject to a rebuilding plan, 
                assist in its rebuilding;
                  (B) if established in a fishery that is 
                determined by the Secretary or the Council to 
                have over-capacity, contribute to reducing 
                capacity;
                  (C) promote--
                          (i) the safety of human life at sea; 
                        and
                          (ii) the conservation and management 
                        of the fishery;
                  (D) prohibit any person other than a United 
                States citizen, a corporation, partnership, or 
                other entity established under the laws of the 
                United States or any State, or a permanent 
                resident alien, that meets the eligibility and 
                participation requirements established in the 
                program from acquiring a privilege to harvest 
                fish;
                  (E) specify the goals of the program;
                  (F) include provisions for the regular 
                monitoring and review by the Council and the 
                Secretary of the operations of the program, 
                including determining progress in meeting the 
                goals of the program and this Act, and any 
                necessary modification of the program to meet 
                those goals, with a formal and detailed review 
                5 years after the establishment of the program 
                and every 5 years thereafter;
                  (G) include an effective system for 
                enforcement, monitoring, and management of the 
                program, including the use of observers;
                  (H) include an appeals process for 
                administrative review of determinations with 
                respect to the Secretary's decisions regarding 
                administration of the limited access privilege 
                program; and
                  (I) provide for the revocation by the 
                Secretary of limited access privileges held by 
                any person found to have violated the antitrust 
                laws of the United States.
          (2) Fishing communities.--
                  (A) In general.--
                          (i) Eligibility.--To be eligible to 
                        participate in a limited access 
                        privilege program to harvest fish, a 
                        fishing community shall--
                                  (I) be located within the 
                                management area of the relevant 
                                Council;
                                  (II) meet criteria developed 
                                by the relevant Council, 
                                approved by the Secretary, and 
                                published in the Federal 
                                Register;
                                  (III) consist of residents of 
                                the management area of the 
                                relevant Council who conduct 
                                commercial or recreational 
                                fishing, fish processing, or 
                                fishery-dependent support 
                                businesses within such area; 
                                and
                                  (IV) develop and submit a 
                                community sustainability plan 
                                to the Council and the 
                                Secretary that demonstrates how 
                                the plan will address the 
                                social and economic development 
                                needs of fishing communities, 
                                including those that have not 
                                historically had the resources 
                                to participate in the fishery, 
                                for approval by the Council 
                                based on criteria developed by 
                                the Council that have been 
                                approved by the Secretary and 
                                published in the Federal 
                                Register.
                          (ii) Failure to comply with plan.--
                        The Secretary shall deny or revoke 
                        limited access privileges for a person 
                        that were granted to a fishing 
                        community, if the person fails to 
                        comply with the requirements of the 
                        community sustainability plan approved 
                        by the relevant Council under clause 
                        (i)(IV).
                  (B) Participation criteria.--In developing 
                participation criteria for eligible communities 
                under this paragraph, a Council shall 
                consider--
                          (i) traditional fishing or fish 
                        processing practices in, and dependence 
                        on, the fishery;
                          (ii) the cultural and social 
                        framework relevant to the fishery;
                          (iii) economic barriers to access to 
                        fishery;
                          (iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of 
                        limited access privilege programs on 
                        harvesters, fishing vessel captains and 
                        crews, fish processors, and other 
                        businesses substantially dependent upon 
                        the fishery in the region or subregion;
                          (v) the expected effectiveness, 
                        operational transparency, and 
                        equitability of the community 
                        sustainability plan; and
                          (vi) the potential for improving 
                        economic conditions in remote coastal 
                        communities lacking resources to 
                        participate in harvesting or fish 
                        processing activities in the fishery.
          (3) Regional fishery associations.--
                  (A) In general.--To be eligible to 
                participate in a limited access privilege 
                program to harvest fish, a regional fishery 
                association shall--
                          (i) be located within the management 
                        area of the relevant Council;
                          (ii) meet criteria developed by the 
                        relevant Council, approved by the 
                        Secretary, and published in the Federal 
                        Register;
                          (iii) be a voluntary association with 
                        established by-laws and operating 
                        procedures consisting of participants 
                        in the fishery, including commercial or 
                        recreational fishing, fish processing, 
                        fishery-dependent support businesses, 
                        or fishing communities; and
                          (iv) develop and submit a regional 
                        fishery association plan to the Council 
                        and the Secretary for approval by the 
                        Council based on criteria developed by 
                        the Council that have been approved by 
                        the Secretary and published in the 
                        Federal Register.
                  (B) Failure to comply with plan.--The 
                Secretary shall deny or revoke limited access 
                privileges for a person that were granted to a 
                fishery association, if the person fails to 
                comply with the requirements of the regional 
                fishery association plan approved by the 
                relevant Council under subparagraph (A)(iv).
                  (C) Participation criteria.--In developing 
                participation criteria for eligible regional 
                fishery associations under this paragraph, a 
                Council shall consider--
                          (i) traditional fishing or fish 
                        processing practices in, and dependence 
                        on, the fishery;
                          (ii) the cultural and social 
                        framework relevant to the fishery;
                          (iii) economic barriers to access to 
                        fishery;
                          (iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of 
                        limited access privilege programs on 
                        harvesters, captains, crew, fish 
                        processors, and other businesses 
                        substantially dependent upon the 
                        fishery in the region or subregion, 
                        upon the administrative and fiduciary 
                        soundness of the association and its 
                        by-laws; and
                          (v) the expected effectiveness, 
                        operational transparency, and 
                        equitability of the fishery association 
                        plan.
          (4) Allocation.--In developing a limited access 
        privilege program to harvest fish a Council or the 
        Secretary shall--
                  (A) establish procedures to ensure fair and 
                equitable initial allocations, including 
                consideration of--
                          (i) current and historical harvests;
                          (ii) employment in the harvesting and 
                        fish processing sectors;
                          (iii) investments in, and dependence 
                        upon, the fishery; and
                          (iv) the current and historical 
                        participation of fishing communities;
                  (B) to the extent practicable, consider the 
                basic cultural and social framework of the 
                fishery, especially through the development of 
                policies to promote the sustained participation 
                of small owner-operated fishing vessels and 
                fishing communities that depend on the 
                fisheries, including regional or port-specific 
                landing or delivery requirements;
                  (C) include measures to assist, when 
                necessary and appropriate, entry-level and 
                small vessel operators, captains, crew, and 
                fishing communities through set-asides of 
                harvesting allocations, including providing 
                privileges and, where appropriate, recommending 
                the provision of economic assistance in the 
                purchase of limited access privileges to 
                harvest fish;
                  (D) for the purpose of preventing significant 
                adverse economic or social impact on any 
                fishing community or other person, ensure that 
                limited access privilege holders do not acquire 
                an excessive share of the total limited access 
                privileges in the program by--
                          (i) establishing a maximum share, 
                        expressed as a percentage of the total 
                        limited access privileges, that a 
                        limited access privilege holder is 
                        permitted to hold, acquired, or use; 
                        and
                          (ii) establishing any other 
                        limitations or measures necessary to 
                        prevent an inequitable concentration of 
                        limited access privileges;
                  (E) establish procedures to address 
                geographic or other consolidation in both the 
                harvesting and fish processing sectors of the 
                fishery;
                  (F) authorize limited access privileges to 
                harvest fish to be held, acquired, or used by 
                or issued under the system to persons who 
                substantially participate in the fishery, as 
                specified by the Council, including, as 
                appropriate, fishing vessel owners, vessel 
                captains, vessel crew members, fishing 
                communities, and regional fishery associations; 
                and
                  (G) ensure that no person otherwise qualified 
                to receive an initial allocation of a limited 
                access privilege to harvest fish is required to 
                join any entity or association that limits in 
                any way the person's ability to sell their 
                catch as a condition of that person receiving 
                an initial or annual allocation.
          (5) Program initiation.--
                  (A) Limitation.--Except as provided in 
                subparagraph (D), a Council may initiate a 
                fishery management plan or amendment to 
                establish a limited access privilege program to 
                harvest fish on its own initiative or if the 
                Secretary has certified an appropriate 
                petition.
                  (B) Petition.--A group of fishermen 
                constituting more than 50 percent of the permit 
                holders in the fishery for which a limited 
                access privilege program to harvest fish is 
                sought, may submit a petition to the Secretary 
                requesting that the relevant Council or 
                Councils with authority over the fishery be 
                authorized to initiate the development of the 
                program. Any such petition shall clearly state 
                the fishery to which the limited access 
                privilege program would apply. For multispecies 
                permits in the Gulf, only those participants 
                who have substantially fished the species 
                proposed to be included in the limited access 
                program shall be eligible to sign a petition 
                for such a program and shall serve as the basis 
                for determining the percentage described in the 
                first sentence of this subparagraph.
                  (C) Certification by secretary.--Upon the 
                receipt of any such petition, the Secretary 
                shall review all of the signatures on the 
                petition and, if the Secretary determines that 
                the signatures on the petition represent more 
                than 50 percent of the permit holders in the 
                fishery, as described by subparagraph (B), the 
                Secretary shall certify the petition to the 
                appropriate Council or Councils.
                  (D) New england referendum.--
                          (i) The New England Council may not 
                        submit, and the Secretary may not 
                        approve or implement, a fishery 
                        management plan or amendment that 
                        creates an individual fishing quota 
                        program, including a Secretarial plan, 
                        unless such a system, as ultimately 
                        developed, has been approved by more 
                        than \2/3\ of those voting in a 
                        referendum among eligible permit 
                        holders with respect to the New England 
                        Council. If an individual fishing quota 
                        program fails to be approved by the 
                        requisite number of those voting, it 
                        may be revised and submitted for 
                        approval in a subsequent referendum.
                          (ii) The Secretary shall conduct a 
                        referendum under this subparagraph, 
                        including notifying all persons 
                        eligible to participate in the 
                        referendum and making available to them 
                        information concerning the schedule, 
                        procedures, and eligibility 
                        requirements for the referendum process 
                        and the proposed individual fishing 
                        quota program.
                          (iii) The New England Fishery 
                        Management Council may determine that 
                        vessel captains or crew members who 
                        have substantial participation in the 
                        fishery concerned shall be eligible to 
                        vote in a referendum under this 
                        subparagraph. The New England Fishery 
                        Management Council shall establish the 
                        criteria for determining what 
                        constitutes ``substantial 
                        participation'' for purposes of this 
                        clause.
                          (iv) Within 1 year after the date of 
                        enactment of the American Fisheries 
                        Management and Marine Life Enhancement 
                        Act, the Secretary shall publish 
                        guidelines and procedures to determine 
                        procedures and voting eligibility 
                        requirements (subject to clause (iii)) 
                        for referenda and to conduct such 
                        referenda in a fair and equitable 
                        manner.
                  (E) Other law.--Chapter 35 of title 44, 
                United States Code, (commonly known as the 
                Paperwork Reduction Act) does not apply to the 
                referenda conducted under this subparagraph.
          (6) Transferability.--In establishing a limited 
        access privilege program, a Council shall--
                  (A) establish a policy on the transferability 
                of limited access privilege shares (through 
                sale or lease), including a policy on any 
                conditions that apply to the transferability of 
                limited access privilege shares that is 
                consistent with the policies adopted by the 
                Council for the fishery under paragraph (2); 
                and
                  (B) establish criteria for the approval and 
                monitoring of transfers (including sales and 
                leases) of limited access privilege shares.
          (7) Preparation and implementation of secretarial 
        plans.--This subsection also applies to a plan prepared 
        and implemented by the Secretary under section 304(g).
          (8) Limitation on federal agencies and officials.--A 
        Federal agency or official may not hold, administer, or 
        reallocate an individual quota issued under a fishery 
        management plan under this section, other than the 
        Secretary and the Council having authority over the 
        fishery for which the individual quota is issued.
  (d) Auction and Other Programs.--In establishing a limited 
access privilege program, a Council may consider, and provide 
for, if appropriate, an auction system or other program to 
collect royalties for the initial, or any subsequent, 
distribution of allocations in a limited access privilege 
program if--
          (1) the system or program is administered in such a 
        way that the resulting distribution of limited access 
        privilege shares meets the program requirements of 
        subsection (c)(2)(A); and
          (2) revenues generated through such a royalty program 
        are deposited in the Limited Access System 
        Administration Fund established by section 305(h)(5)(B) 
        and available subject to annual appropriations.
  (e) Cost Recovery.--In establishing a limited access 
privilege program, a Council shall--
          (1) develop a methodology and the means to identify 
        and assess the management, data collection and 
        analysis, and enforcement programs that are directly 
        related to and in support of the program; and
          (2) provide, under section 304(d)(2), for a program 
        of fees paid by limited access privilege holders that 
        will cover the costs of management, data collection and 
        analysis, and enforcement activities.
  (f) Limited Duration.--In establishing a limited access 
privilege program after the date of enactment of the American 
Fisheries Management and Marine Life Enhancement Act, a Council 
may establish--
          (1) a period of time after which any initial or 
        subsequent allocation of a limited access privilege 
        shall expire, or various periods for such expiration 
        within a fishery if the Council determines that 
        variation of the periods will further achievement of 
        management goals; and
          (2) a mechanism under which participants in and 
        entrants to the program may acquire or reacquire 
        allocations.
  (g) Limited Access Privilege Assisted Purchase Program.--
          (1) In general.--A Council may submit, and the 
        Secretary may approve and implement, a program that 
        reserves up to 25 percent of any fees collected from a 
        fishery under section 304(d)(2) to be used to issue 
        obligations that aid in financing--
                  (A) the purchase of limited access privileges 
                in that fishery by fishermen who fish from 
                small vessels; and
                  (B) the first-time purchase of limited access 
                privileges in that fishery by entry level 
                fishermen.
          (2) Eligibility criteria.--A Council making a 
        submission under paragraph (1) shall recommend 
        criteria, consistent with the provisions of this Act, 
        that a fisherman must meet to qualify for guarantees 
        under subparagraphs (A) and (B) of paragraph (1) and 
        the portion of funds to be allocated for guarantees 
        under each subparagraph.
  (h) Effect on Certain Existing Shares and Programs.--Nothing 
in this Act, or the amendments made by the American Fisheries 
Management and Marine Life Enhancement Act, shall be construed 
to require a reallocation of individual quota shares, fish 
processor quota shares, cooperative programs, or other quota 
programs, including sector allocation, for which a Council has 
already provided a substantial opportunity for public comment 
and begun considering alternatives, or submitted by a Council 
or approved by the Secretary or by congressional action before 
the date of enactment of such Act.

           *       *       *       *       *       *       *


SEC. 304. ACTION BY THE SECRETARY.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Establishment of Fees.--(1) * * *
          [(2)(A) Notwithstanding paragraph (1), the Secretary 
        is authorized and shall collect a fee to recover the 
        actual costs directly related to the management and 
        enforcement of any--
                  [(i) individual fishing quota program; and
                  [(ii) community development quota program 
                that allocates a percentage of the total 
                allowable catch of a fishery to such program.]
          (2)(A) Notwithstanding paragraph (1), the Secretary 
        shall collect from a person that holds or transfers an 
        individual quota issued under a limited access system 
        established under section 303(b)(6) fees established by 
        the Secretary in accordance with this section and 
        section 9701(b) of title 31, United States Code.
          (B) The fees required to be established and collected 
        by the Secretary under this paragraph are the 
        following:
                  (i) With respect to any initial allocation 
                under a limited access system established after 
                the date of the enactment of the American 
                Fisheries Management and Marine Life 
                Enhancement Act, an initial allocation fee in 
                an amount, determined by the Secretary, equal 
                to 1 percent of the ex-vessel value of fish 
                authorized in one year under an individual 
                quota, that shall be collected from the person 
                to whom the individual quota is first issued.
                  (ii) An annual fee in an amount, determined 
                by the Secretary, not to exceed 3 percent of 
                the ex-vessel value of fish authorized each 
                year under an individual quota share, that 
                shall be collected from the holder of the 
                individual quota share.
                  (iii) A transfer fee in an amount, determined 
                by the Secretary, equal to 1 percent of the ex-
                vessel value of fish authorized each year under 
                an individual quota share, that shall be 
                collected from a person who permanently 
                transfers the individual quota share to another 
                person.
          (C) In determining the amount of a fee under this 
        paragraph, the Secretary shall ensure that the amount 
        is commensurate with the cost of managing the fishery 
        with respect to which the fee is collected, including 
        reasonable costs for salaries, data analysis, and other 
        costs directly related to fishery management and 
        enforcement.
          (D) The Secretary, in consultation with the Councils, 
        shall promulgate regulations prescribing the method of 
        determining under this paragraph the ex-vessel value of 
        fish authorized under an individual quota share, the 
        amount of fees, and the method of collecting fees.
          (E) Fees collected under this paragraph from holders 
        of individual quotas in a fishery shall be an 
        offsetting collection and shall be available to the 
        Secretary only for the purposes of administering and 
        implementing this Act with respect to that fishery.
          [(B) Such fee] (F) A fee under this paragraph shall 
        not exceed 3 percent of the ex-vessel value of fish 
        harvested under any such program, and shall be 
        collected at either the time of the landing, filing of 
        a landing report, or sale of such fish during a fishing 
        season or in the last quarter of the calendar year in 
        which the fish is harvested.
          [(C)] (G)(i) Fees collected under this paragraph 
        shall be in addition to any other fees charged under 
        this Act and shall be deposited in the Limited Access 
        System Administration Fund established under section 
        305(h)(5)(B)[, except that the portion of any such fees 
        reserved under section 303(d)(4)(A) shall be deposited 
        in the Treasury and available, subject to annual 
        appropriations, to cover the costs of new direct loan 
        obligations and new loan guarantee commitments as 
        required by section 504(b)(1) of the Federal Credit 
        Reform Act (2 U.S.C. 661c(b)(1))].

           *       *       *       *       *       *       *

  (e) Rebuilding [Overfished] Diminished Fisheries.--
          (1) The Secretary shall report annually to the 
        Congress and the Councils on the status of fisheries 
        within each Council's geographical area of authority 
        and identify those fisheries that are [overfished] 
        diminished or are approaching a condition of being 
        [overfished] diminished. For those fisheries managed 
        under a fishery management plan or international 
        agreement, the status shall be determined using the 
        criteria for overfishing specified in such plan or 
        agreement. A fishery shall be classified as approaching 
        a condition of being [overfished] diminished if, based 
        on trends in fishing effort, fishery resource size, and 
        other appropriate factors, the Secretary estimates that 
        the fishery will become [overfished] diminished within 
        two years. The report shall distinguish between 
        fisheries that are diminished (or approaching that 
        condition) as a result of fishing and fisheries that 
        are diminished (or approaching that condition) as a 
        result of factors other than fishing. The report shall 
        state, for each fishery identified as diminished or 
        approaching that condition, whether the fishery is the 
        target of directed fishing.
          (2) If the Secretary determines at any time that a 
        fishery is [overfished] diminished, the Secretary shall 
        immediately notify the appropriate Council and request 
        that action be taken to end overfishing in the fishery 
        and to implement conservation and management measures 
        to rebuild affected stocks of fish. The Secretary shall 
        publish each notice under this paragraph in the Federal 
        Register.
          (3) Within one year of an identification under 
        paragraph (1) or notification under paragraphs (2) or 
        (7), the appropriate Council (or the Secretary, for 
        fisheries under section 302(a)(3)) shall prepare a 
        fishery management plan, plan amendment, or proposed 
        regulations for the fishery to which the identification 
        or notice applies--
                  (A) * * *
                  (B) to prevent overfishing from occurring in 
                the fishery whenever such fishery is identified 
                as approaching an [overfished] diminished 
                condition.
          (4) For a fishery that is [overfished] diminished, 
        any fishery management plan, amendment, or proposed 
        regulations prepared pursuant to paragraph (3) or 
        paragraph (5) for such fishery shall--
                  (A) specify a time period for ending 
                overfishing and rebuilding the fishery that 
                shall--
                          (i) be as short as possible, taking 
                        into account the status and biology of 
                        any [overfished] diminished stocks of 
                        fish, the needs of fishing communities, 
                        recommendations by international 
                        organizations in which the United 
                        States participates, and the 
                        interaction of the [overfished] 
                        diminished stock of fish within the 
                        marine ecosystem; and
                          [(ii) not exceed 10 years, except in 
                        cases where the biology of the stock of 
                        fish, other environmental conditions, 
                        or management measures under an 
                        international agreement in which the 
                        United States participates dictate 
                        otherwise;]
                          (ii) not exceed 10 years, except in 
                        cases where--
                                  (I) the biology of the stock 
                                of fish, other environmental 
                                conditions, or management 
                                measures under an international 
                                agreement in which the United 
                                States participates dictate 
                                otherwise;
                                  (II) the Secretary determines 
                                that such 10-year period should 
                                be extended because the cause 
                                of the fishery decline is 
                                outside the jurisdiction of the 
                                Council or the rebuilding 
                                program cannot be effective 
                                only by limiting fishing 
                                activities;
                                  (III) the Secretary 
                                determines that such 10-year 
                                period should be extended for 
                                one or more diminished 
                                components of a multi-species 
                                fishery; or
                                  (IV) the Secretary makes 
                                substantial changes to the 
                                rebuilding targets after the 
                                rebuilding plan has been put in 
                                place.

           *       *       *       *       *       *       *

          (5) If, within the one-year period beginning on the 
        date of identification or notification that a fishery 
        is [overfished] diminished, the Council does not submit 
        to the Secretary a fishery management plan, plan 
        amendment, or proposed regulations required by 
        paragraph (3)(A), the Secretary shall prepare a fishery 
        management plan or plan amendment and any accompanying 
        regulations to stop overfishing and rebuild affected 
        stocks of fish within 9 months under subsection (c).

           *       *       *       *       *       *       *

  (i) Alternative Procedural Mechanisms.--
          (1) In a fishery management plan or amendment, the 
        Council or Secretary, as appropriate, may develop 
        alternative procedural mechanisms to be used in lieu of 
        plan amendments for implementing conservation and 
        management measures.
          (2) Such mechanisms may allow for abbreviated 
        processes for the implementation of regulations or 
        other actions as appropriate.
          (3) Alternative procedural mechanisms shall only be 
        approved or adopted for use in situations in which--
                  (A) the conservation and management measures 
                are within the scope of conservation and 
                management measures established in an existing 
                fishery management plan;
                  (B) otherwise applicable regulatory processes 
                are not sufficient to allow timely and 
                efficient implementation of conservation and 
                management measures in response to new 
                information; and
                  (C) notice of the conservation and management 
                measures is provided appropriate to the 
                significance of the expected impacts on 
                affected fishery resources and on the 
                participants in the fishery.
          (4) Any final agency action taken pursuant to the 
        alternative procedural mechanism must be promptly 
        published in the Federal Register.

SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Emergency Actions and Interim Measures.--(1) * * *

           *       *       *       *       *       *       *

  (3) Any emergency regulation or interim measure which changes 
any existing fishery management plan or amendment shall be 
treated as an amendment to such plan for the period in which 
such regulation is in effect. Any emergency regulation or 
interim measure promulgated under this subsection--
          (A) * * *
                  (B) shall, except as provided in subparagraph 
                (C), remain in effect for not more than 180 
                days after the date of publication, and may be 
                extended by publication in the Federal Register 
                for one additional period of not more than 
                [180] 186 days, provided the public has had an 
                opportunity to comment on the emergency 
                regulation or interim measure, and, in the case 
                of a Council recommendation for emergency 
                regulations or interim measures, the Council is 
                actively preparing a fishery management plan, 
                plan amendment, or proposed regulations to 
                address the emergency or overfishing on a 
                permanent basis;

           *       *       *       *       *       *       *

          (D) may be terminated by the Secretary at an earlier 
        date by publication in the Federal Register of a notice 
        of termination, except for emergency regulations or 
        interim measures promulgated under paragraph (2) in 
        which case such early termination may be made only upon 
        the agreement of the Secretary and the Council 
        concerned.

           *       *       *       *       *       *       *

  (e) Effect of Certain Laws on Certain Time Requirements.--The 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the 
Regulatory Flexibility Act (5 U.S.C 601 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
Executive Order Numbered 12866, dated September 30, 1993, shall 
be complied with within the time limitations specified in 
subsections (a), (b), and (c) of section 304 as they apply to 
the functions of the Secretary under such provisions.

           *       *       *       *       *       *       *

  (j) Authority to Require VMS.--The Secretary may require, if 
requested to do so by a Council, a Vessel Monitoring System or 
other similar electronic monitoring technology for a fishery or 
specific sectors of a fishery under the jurisdiction of the 
Council. To the extent that the technology is required for 
enforcement or data collection purposes for a limited access 
privilege management system, the cost of such a system shall be 
included in the costs that are considered in determining the 
amount of any fee required under this Act to be paid to 
participate in the fishery. Any information collected under 
this subsection shall be treated as confidential and exempt 
from disclosure under section 402(b).

           *       *       *       *       *       *       *


SEC. 307. PROHIBITED ACTS.

  It is unlawful--
          (1) for any person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (O) to knowingly and willfully fail to 
                disclose, or to falsely disclose, any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A); [or]
                  (P)(i) * * *

           *       *       *       *       *       *       *

                  (iii) to land any such fin without the 
                corresponding carcass[.]; or
                  (Q) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the 
                high seas or the waters of another country, 
                after the Secretary has made a payment to the 
                owner of that fishing vessel under section 
                312(b)(2).

           *       *       *       *       *       *       *

          (4) for any fishing vessel other than a vessel of the 
        United States to operate, and for the owner or operator 
        of a fishing vessel other than a vessel of the United 
        States to operate such vessel, in the exclusive 
        economic zone or within the boundaries of any State or 
        special areas, if--
                  (A) * * *

           *       *       *       *       *       *       *

        unless such vessel is authorized to engage in fishing 
        in the area in which the vessel is operating; [and]
          (5) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to engage in fishing in the waters of a foreign nation 
        in a manner that violates an international fishery 
        agreement between that nation and the United States 
        that has been subject to Congressional oversight in the 
        manner described in section 203, or any regulations 
        issued to implement such an agreement; except that the 
        binding provisions of such agreement and implementing 
        regulations shall have been published in the Federal 
        Register prior to such violation[.]; and
          (6) to sell or purchase any fish caught in 
        recreational fishing.

           *       *       *       *       *       *       *


SEC. 311. ENFORCEMENT.

  (a) * * *
  (b) Powers of Authorized Officers.--(1) Any officer who is 
authorized (by the Secretary, the Secretary of the department 
in which the Coast Guard is operating, or the head of any 
Federal or State agency which has entered into an agreement 
with such Secretaries under subsection (a)) to enforce the 
provisions of this Act may--
          (A) with or without a warrant or other process--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iv) seize any fish (wherever found) taken or 
                retained in violation of any provision of this 
                Act; [and]
                  (v) seize any other evidence related to any 
                violation of any provisions of this Act; and
                  (vi) access, directly or indirectly, for 
                enforcement purposes any data or information 
                required to be provided under this title or 
                regulations under this title, including data 
                from vessel monitoring systems, or any similar 
                system, subject to the confidentiality 
                provisions of section 402;

           *       *       *       *       *       *       *

  (h) Joint Fisheries Enforcement Agreements.--
          (1) In general.--The Governor of an eligible State 
        may apply to the Secretary for execution of a joint 
        fisheries enforcement agreement with the Secretary that 
        will authorize the deputization and funding of State 
        officers with marine fisheries responsibilities to 
        perform duties of the Secretary relating to fisheries 
        enforcement provisions under this title or any other 
        marine resource law enforced by the Secretary. Upon 
        receiving an application meeting the requirements of 
        this subsection, the Secretary may enter into a joint 
        fisheries enforcement agreement with the requesting 
        State.
          (2) Eligible state.--A State is eligible to 
        participate in the cooperative agreements under this 
        section if it is in, or bordering on, the Atlantic 
        Ocean (including the Caribbean Sea), the Pacific Ocean, 
        the Arctic Ocean, or the Gulf of Mexico.
          (3) Requirements.--Joint fisheries enforcement 
        agreements executed under paragraph (1)--
                  (A) shall be consistent with the purposes and 
                intent of this section to the extent applicable 
                to the regulated activities; and
                  (B) shall provide for confidentiality of data 
                and information submitted to the State under 
                section 402.
          (4) Allocation of funds.--The Secretary shall include 
        in each joint fisheries enforcement agreement an 
        allocation of funds to assist in management of the 
        agreement. The allocation shall be fairly distributed 
        among all eligible States participating in cooperative 
        agreements under this subsection, based upon 
        consideration of Federal marine fisheries needs, the 
        specific marine fisheries conservation needs of each 
        participating eligible State, and the capacity of the 
        State to undertake the mission and assist with Federal 
        needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical 
        or other assistance provided to the State by the 
        Secretary under the agreement.
  (i) Improved Data Sharing.--
          (1) In general.--Notwithstanding any other provision 
        of this Act, as soon as practicable but no later than 
        21 months after the date of enactment of the American 
        Fisheries Management and Marine Life Enhancement Act, 
        the Secretary shall implement data-sharing measures to 
        make any data required to be provided by this Act from 
        vessel monitoring systems, or similar systems--
                  (A) directly accessible by State officers 
                authorized under subsection (a) of this 
                section; and
                  (B) available to a State management agency 
                involved in, or affected by, management of a 
                fishery if the State has entered into an 
                agreement with the Secretary under section 
                402(b)(1)(B) of this Act.
          (2) Agreement required.--The Secretary shall promptly 
        enter into an agreement with a State under section 
        402(b)(1)(B) of this Act if--
                  (A) the State provides a written opinion or 
                certification that State law allows the State 
                to maintain the confidentiality of information 
                required by Federal law to be kept 
                confidential; or
                  (B) the Secretary is provided other 
                reasonable assurance that the State can and 
                will protect the identity or business of any 
                person to which such information relates.
  [(h)] (j) Definitions.--For purposes of this section--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

  (a) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected 
State or a fishing community, the Secretary shall determine 
whether there is a [commercial] fishery failure due to a 
fishery resource disaster as a result of--
          (A) * * *

           *       *       *       *       *       *       *

  (2) Upon the determination under paragraph (1) that there is 
a [commercial] fishery failure, the Secretary is authorized to 
make sums available to be used by the affected State, fishing 
community, or by the Secretary in cooperation with the affected 
State or fishing community for assessing the economic and 
social effects of the [commercial] fishery failure, or any 
activity that the Secretary determines is appropriate to 
restore the fishery or prevent a similar failure in the future 
and to assist a fishing community affected by such failure. 
Before making funds available for an activity authorized under 
this section, the Secretary shall make a determination that 
such activity will not expand the size or scope of the 
[commercial] fishery failure in that fishery or into other 
fisheries or other geographic regions.

           *       *       *       *       *       *       *

  (b) Fishing Capacity Reduction Program.--(1) The Secretary[, 
at the request of the appropriate Council for fisheries under 
the authority of such Council, or the Governor of a State for 
fisheries under State authority,] may conduct a fishing 
capacity reduction program (referred to in this section as the 
``program'') in a fishery that is managed under a limited 
access system authorized by section 303(b)(6), if the Secretary 
determines that the program--
          (A) * * *

           *       *       *       *       *       *       *

  [(2) The objective of the program shall be to obtain the 
maximum sustained reduction in fishing capacity at the least 
cost and in a minimum period of time. To achieve that 
objective, the Secretary is authorized to pay--
          [(A) the owner of a fishing vessel, if such vessel is 
        (i) scrapped, or (ii) through the Secretary of the 
        department in which the Coast Guard is operating, 
        subjected to title restrictions that permanently 
        prohibit and effectively prevent its use in fishing, 
        and if the permit authorizing the participation of the 
        vessel in the fishery is surrendered for permanent 
        revocation and the owner relinquishes any claim 
        associated with the vessel and permit that could 
        qualify such owner for any present or future limited 
        access system permit in the fishery for which the 
        program is established; or
          [(B) the holder of a permit authorizing participation 
        in the fishery, if such permit is surrendered for 
        permanent revocation, and such holder relinquishes any 
        claim associated with the permit and vessel used to 
        harvest fishery resources under the permit that could 
        qualify such holder for any present or future limited 
        access system permit in the fishery for which the 
        program was established.]
  (2)(A) The objective of the program shall be to obtain the 
maximum sustained reduction in fishing capacity at the least 
cost and in a minimum period of time.
  (B) To achieve that objective, the Secretary is authorized to 
pay an amount to the owner of a fishing vessel, if--
          (i) such vessel is scrapped, or through the Secretary 
        of the department in which the Coast Guard is 
        operating, subjected to title restrictions that 
        permanently prohibit and effectively prevent its use in 
        fishing;
          (ii) all permits authorizing the participation of the 
        vessel in any fishery under the jurisdiction of the 
        United States are surrendered for permanent revocation; 
        and
          (iii) the owner of the vessel and such permits 
        relinquishes any claim associated with the vessel and 
        such permits that could qualify such owner for any 
        present or future limited access system permit in the 
        fishery for which the program is established.

           *       *       *       *       *       *       *

  (4) The Council, or the Governor of a State, having authority 
over a fishery may request the Secretary to conduct a fishing 
capacity reduction program in the fishery under this 
subsection.
  [(4)] (5) The Secretary shall consult, as appropriate, with 
Councils, Federal agencies, State and regional authorities, 
affected fishing communities, participants in the fishery, 
conservation organizations, and other interested parties 
throughout the development and implementation of any program 
under this section.
  (6) The Secretary may not make a payment under paragraph (2) 
with respect to a vessel that will not be scrapped, unless the 
Secretary certifies that the vessel will not be used for any 
fishing, including fishing in the waters of a foreign nation 
and fishing on the high seas.

SEC. 313. NORTH PACIFIC FISHERIES CONSERVATION.

  (a) In General.--The North Pacific Council may prepare, in 
consultation with the Secretary, a fisheries research plan for 
[all] any fisheries under the Council's jurisdiction except 
salmon fisheries which--
          (1) * * *
          [(2) establishes a system of fees to pay for the 
        costs of implementing the plan.]
          (2) establishes a system, or systems, of fees, which 
        may vary by fishery, management area, and observer 
        coverage level, to pay for the costs of implementing 
        the plan.
  (b) Standards.--(1) * * *
  (2) Any system of fees established under this section shall--
          (A) provide that the total amount of fees collected 
        under this section not exceed the combined cost of (i) 
        stationing observers, or electronic monitoring systems, 
        on board fishing vessels and United States fish 
        processors, (ii) the actual cost of inputting collected 
        data, and (iii) assessments necessary for a risk-
        sharing pool implemented under subsection (e) of this 
        section, less any amount received for such purpose from 
        another source or from an existing surplus in the North 
        Pacific Fishery Observer Fund established in subsection 
        (d) of this section;

           *       *       *       *       *       *       *

          (E) be expressed as fixed amount reflecting actual 
        observer costs as described in clauses (i), (ii), and 
        (iii) of subparagraph (A), or a percentage, not to 
        exceed 2 percent, of the unprocessed ex-vessel value of 
        fish and shellfish harvested under the jurisdiction of 
        the Council, including the Northern Pacific halibut 
        fishery;
          (F) be assessed against some or all fishing vessels 
        and United States fish processors, including those not 
        required to carry an observer, or electronic monitoring 
        systems, under the plan, participating in fisheries 
        under the jurisdiction of the Council, including the 
        Northern Pacific halibut fishery;

           *       *       *       *       *       *       *

          (H) provide that fees collected will only be used for 
        implementing the plan established under this section; 
        [and]
          (I) meet the requirements of section 9701(b) of title 
        31, United States Code[.]; and
          (J) provide that fees collected under the system 
        shall be credited against any fee for stationing 
        observers, or electronic monitoring systems, onboard 
        fishing vessels and United States fish processors and 
        the actual cost of inputting collected data to which a 
        fishing vessel or fish processor is subject under 
        section 304(d).

           *       *       *       *       *       *       *


SEC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT PROGRAM.

  (a) Program.--(1) Not later than October 1, 1993, the 
Secretary shall establish a Northwest Atlantic Ocean Fisheries 
Reinvestment Program for the purposes of--
          (A) * * *

           *       *       *       *       *       *       *

          (E) helping to restore [overfished] diminished New 
        England groundfish stocks through aquaculture or 
        hatchery programs.

           *       *       *       *       *       *       *


SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

  (a) In General.--The Secretary may consider the requirements 
of section 102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)) to have been satisfied with 
respect to any fishery management plan, amendment to such a 
plan, or regulation implementing such a plan that the Secretary 
determines has been prepared in accordance with applicable 
provisions of sections 303 and 304 of this Act.
  (b) Limitation of Application.--This section shall not apply 
unless the Secretary has published a determination that 
sections 304 and 305 are substantially equivalent to section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)).

SEC. 316. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  (a) In General.--When there is a catastrophic regional 
fishery disaster the Secretary may, upon the request of, and in 
consultation with, the Governors of affected States, establish 
a regional economic transition program to provide immediate 
disaster relief assistance to the fishermen, charter fishing 
operators, United States fish processors, and owners of related 
fishery infrastructure affected by the disaster.
  (b) Program Components.--
          (1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or 
        other economic assistance to affected entities, or to 
        governmental entities for disbursement to affected 
        entities, for--
                  (A) meeting immediate regional shoreside 
                fishery infrastructure needs, including 
                processing facilities, cold storage facilities, 
                ice houses, docks, including temporary docks 
                and storage facilities, and other related 
                shoreside fishery support facilities and 
                infrastructure;
                  (B) financial assistance and job training 
                assistance for fishermen who wish to remain in 
                a fishery in the region that may be temporarily 
                closed as a result of environmental or other 
                effects associated with the disaster;
                  (C) vessel repair and refloating;
                  (D) debris removal and cleaning;
                  (E) public and private oyster bed, shrimp, 
                and other fisheries rehabilitation; and
                  (F) any other activities authorized under 
                section 312(a) of this Act or section 308(d) of 
                the Interjurisdictional Fisheries Act of 1986 
                (16 U.S.C. 4107(d)).
          (2) Job training.--Any fisherman who decides to scrap 
        a fishing vessel under the program shall be eligible 
        for job training assistance.
          (3) No matching required.--The Secretary may waive 
        the matching requirements of section 312 of this Act, 
        section 308 of the Interjurisdictional Fisheries Act of 
        1986 (16 U.S.C. 4107), and any other provision of law 
        under which the Federal share of the cost of any 
        activity is limited to less than 100 percent if the 
        Secretary determines that--
                  (A) no reasonable means are available through 
                which applicants can meet the matching 
                requirement; and
                  (B) the probable benefit of 100 percent 
                Federal financing outweighs the public interest 
                in imposition of the matching requirement.
          (4) Net revenue limit inapplicable.--Section 
        308(d)(3) of the Interjurisdictional Fisheries Act (16 
        U.S.C. 4107(d)(3)) shall not apply to assistance under 
        this section.
  (c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall 
provide the Governor of each State participating in the program 
a comprehensive economic and socio-economic evaluation of the 
affected region's fisheries to assist the Governor in assessing 
the current and future economic viability of affected 
fisheries, including the economic impact of foreign fish 
imports and the direct, indirect, or environmental impact of 
the disaster on the fishery and coastal communities.
  (d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term ``catastrophic regional fishery disaster'' 
means a natural disaster, including a hurricane or tsunami, or 
a judicial or regulatory closure to protect human health or the 
marine environment, that--
          (1) results in economic losses to coastal or fishing 
        communities;
          (2) affects more than 1 State or a major fishery 
        managed by a Council or interstate fishery commission; 
        and
          (3) is determined by the Secretary to be a commercial 
        fishery failure under section 312(a) of this Act or a 
        fishery resource disaster or section 308(d) of the 
        Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
        4107(d)).

TITLE IV--FISHERY MONITORING AND RESEARCH

           *       *       *       *       *       *       *


SEC. 402. INFORMATION COLLECTION.

  (a) * * *
  [(b) Confidentiality of Information.--(1) Any information 
submitted to the Secretary by any person in compliance with any 
requirement under this Act shall be confidential and shall not 
be disclosed, except--
          [(A) to Federal employees and Council employees who 
        are responsible for fishery management plan development 
        and monitoring;
          [(B) to State or Marine Fisheries Commission 
        employees pursuant to an agreement with the Secretary 
        that prevents public disclosure of the identity or 
        business of any person;
          [(C) when required by court order;
          [(D) when such information is used to verify catch 
        under an individual fishing quota program;
          [(E) that observer information collected in fisheries 
        under the authority of the North Pacific Council may be 
        released to the public as specified in a fishery 
        management plan or regulation for weekly summary 
        bycatch information identified by vessel, and for haul-
        specific bycatch information without vessel 
        identification; or
          [(F) when the Secretary has obtained written 
        authorization from the person submitting such 
        information to release such information to persons for 
        reasons not otherwise provided for in this subsection, 
        and such release does not violate other requirements of 
        this Act.
  [(2) 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 which does not directly or indirectly disclose the 
identity or business of any person who submits such 
information. Nothing in this subsection shall be interpreted or 
construed to prevent the use for conservation and management 
purposes by the Secretary, or with the approval of the 
Secretary, the Council, of any information submitted in 
compliance with any requirement or regulation under this Act or 
the use, release, or publication of bycatch information 
pursuant to paragraph (1)(E).]
  (b) Confidentiality of Information.--
          (1) In general.--Any information submitted to the 
        Secretary by any person in compliance with any 
        requirement under this Act shall be confidential and 
        shall not be disclosed, except--
                  (A) to Federal employees and Council 
                employees who are responsible for fishery 
                management plan development and monitoring;
                  (B) to State or Marine Fisheries Commission 
                employees--
                          (i) as necessary for achievement of 
                        the purposes of this Act; and
                          (ii) in accordance with a 
                        confidentiality agreement between the 
                        State or Commission, as appropriate, 
                        and the Secretary that prevents public 
                        disclosure of the identity or business 
                        of any person;
                  (C) when required by court order;
                  (D) when such information is used by State, 
                Council, or Marine Fisheries Commission 
                employees to verify catch under a limited 
                access privilege program, but only to the 
                extent that such use is consistent with 
                subparagraph (B);
                  (E) if such information is required to be 
                submitted to the Secretary for any 
                determination under a limited access program;
                  (F) that observer information collected in 
                fisheries under the authority of the North 
                Pacific Council may be released to the public 
                as specified in a fishery management plan or 
                regulation for weekly summary bycatch 
                information identified by vessel, and for haul-
                specific bycatch information without vessel 
                identification; or
                  (G) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to 
                persons for reasons not otherwise provided for 
                in this subsection, and such release does not 
                violate other requirements of this Act.
          (2) Procedures to preserve confidentiality.--The 
        Secretary shall, by regulation, prescribe such 
        procedures as may be necessary to preserve the 
        confidentiality of any observer information, 
        information produced by a vessel monitoring system, or 
        information produced by other technology used on-board 
        a vessel for enforcement or data collection purposes, 
        that is submitted in compliance with any requirement or 
        regulation under this Act, except that the Secretary 
        may release or make public--
                  (A) any such information that in any 
                aggregate or summary form that does not 
                directly or indirectly disclose the identity or 
                business of any person who submits such 
                information.
                  (B) any such information when it is necessary 
                in proceedings to adjudicate observer 
                certifications; and
                  (C) any such information as authorized by any 
                regulations issued under paragraph (4) allowing 
                the collection of observer information, 
                pursuant to a confidentiality agreement between 
                the observers, observer employers, and the 
                Secretary prohibiting disclosure of the 
                information by the observers or observer 
                employers, for purposes of--
                          (i) allowing the sharing of observer 
                        information among observers and between 
                        observers and observer employers as 
                        necessary to train and prepare 
                        observers for deployments on specific 
                        vessels; or
                          (ii) validating the accuracy of the 
                        observer information collected.
          (3) Use for conservation and management purposes.--
        Nothing in this subsection shall be interpreted or 
        construed to prevent the use for conservation and 
        management purposes by the Secretary, or with the 
        approval of the Secretary, the Council, of any 
        information submitted in compliance with any 
        requirement or regulation under this Act or the use, 
        release, or publication of bycatch information pursuant 
        to paragraph (1)(F).
          (4) Memorandum of understanding.--The Secretary may 
        enter into a memorandum of understanding with the heads 
        of other Federal agencies for the sharing of 
        confidential information for purposes of this Act, such 
        as information produced by vessel monitoring systems or 
        other electronic monitoring systems, if the Secretary 
        determines there is a compelling need to do so and if 
        the heads of the other Federal agencies agree to 
        maintain the confidentiality of the information in 
        accordance with the requirements that apply to the 
        Secretary under this section.

           *       *       *       *       *       *       *

  (f) Socioeconomic Data Collection.--
          (1) The Secretary may provide funds to Councils to 
        carry out collection of socioeconomic data, including 
        information on fishermen and fishing communities, 
        necessary to carry out the functions of the Councils.
          (2) To carry out this subsection there is authorized 
        to be appropriated to the Secretary, in addition to 
        other amounts authorized, $2,000,000 for each fiscal 
        year.

SEC. 403. OBSERVERS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Observer Program Funding Mechanism.--
          (1) In general.--The Secretary may establish a 
        funding mechanism to cover the cost of an observer 
        program to monitor any fishery managed under this Act 
        or any other Act administered by the Secretary, 
        including the Northern Pacific halibut fishery.
          (2) Form of mechanism.--
                  (A) The Secretary may exercise broad 
                discretion in developing a funding mechanism 
                under this subsection, which may include a 
                system of fees, payments collected from limited 
                access privilege programs, or any other cost 
                recovery mechanism to pay for--
                          (i) the cost of stationing observers 
                        on board fishing vessels and United 
                        States fish processors, and
                          (ii) the actual cost of inputting 
                        data and managing observer databases.
                  (B) The moneys collected under a funding 
                mechanism established under this subsection for 
                an observer program shall be--
                          (i) deposited into the Fishery 
                        Observer Fund established under 
                        subsection (e); and
                          (ii) used only for the observer 
                        program covering fisheries from which 
                        the moneys were collected.
  (e) Fishery Observer Fund.--
          (1) Establishment of fund.--There is established on 
        the books of the Treasury of the United States, a fund 
        that shall be known as the Fishery Observer Fund (in 
        this subsection referred to as the ``Fund''). The Fund 
        shall be administered by the Secretary of Commerce. The 
        Fund shall be available, subject to the availability of 
        appropriations, only to the Secretary for purposes of 
        carrying out subsection (d). The Fund shall consist of 
        all moneys deposited into in it accordance with this 
        section, plus interest on those moneys.
          (2) Investment of amount.--
                  (A) It shall be the duty of the Secretary of 
                the Treasury to invest, at the direction of the 
                Secretary of Commerce, such portion of the Fund 
                that is not currently needed for the purposes 
                of each observer program covering fisheries 
                from which moneys were collected under 
                subsection (d).
                  (B) Such investments shall be in public debt 
                obligations with maturities suitable to the 
                needs of the Fund, as determined by the 
                Secretary of Commerce. Investments in public 
                debt obligations shall bear interest at rates 
                determined by the Secretary of the Treasury 
                taking into consideration the current market 
                yield on outstanding marketable obligations of 
                the United States of comparable maturity.
          (3) Sale of obligation.--Any obligation acquired by 
        the Fund may be sold by the Secretary of the Treasury 
        at the direction of the Secretary of Commerce at market 
        prices.
  (f) Contributions.--For purposes of carrying out subsections 
(d) and (e), the Secretary may accept, solicit, receive, hold, 
administer, and use gifts, devices, contributions, and 
bequests. Amounts received under this subsection shall be 
deposited in the Fishery Observer Fund established under 
subsection (c).

SEC. 404. FISHERIES RESEARCH.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Areas of Research.--Areas of research are as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Information management research, including the 
        development of a fishery information base and an 
        information management system [under section 401] that 
        will permit the full use of information in the support 
        of effective fishery conservation and management.
          (5) The interaction of species in the marine 
        environment, and the development of ecosystem-based 
        approaches to fishery conservation and management that 
        will lead to better stewardship and sustainability of 
        coastal fishery resources.

           *       *       *       *       *       *       *

  (e) Cooperative Research by Secretary.--The research program 
under subsection (a) may include cooperative research using 
commercial fishing, charter fishing, or recreational fishing 
vessels for the gathering of data on stock abundance, 
composition, distribution, or other relevant information.
  (f) Preserving Fishing Privileges.--The Secretary shall 
ensure that--
          (1) fishing vessels participating in research 
        activities conducted pursuant to section 303(b)(13) or 
        title IV do not lose allocated fishing privileges (such 
        as days at sea) based on the research activities, 
        unless loss of such privileges is a part of the 
        research plan under which the vessel participates; and
          (2) catch history of a vessel during such research 
        activities at any time when the vessel is sacrificing 
        fishing time in an open season shall accrue to the 
        vessel, unless loss of such accrual is part of such 
        research plan.

SEC. 405. INCIDENTAL HARVEST RESEARCH.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Collection and Assessment of Specific Stock 
Information.--For stocks of fish identified pursuant to 
subsection (b), with priority given to stocks which (based upon 
the best available scientific information) are considered to be 
[overfished] diminished, the Secretary shall conduct--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 406. FISHERIES SYSTEMS RESEARCH.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Regional Ecosystem Research.--
          (1) Study.--Within 180 days after the date of 
        enactment of the American Fisheries Management and 
        Marine Life Enhancement Act, the Secretary, in 
        consultation with the Councils, shall undertake and 
        complete a study on the state of the science for 
        advancing the concepts and integration of ecosystem 
        considerations in regional fishery management. The 
        study should build upon the recommendations of the 
        advisory panel and include--
                  (A) recommendations for scientific data, 
                information and technology requirements for 
                understanding ecosystem processes, and methods 
                for integrating such information from a variety 
                of Federal, State, and regional sources;
                  (B) recommendations for processes for 
                incorporating broad stake holder participation;
                  (C) recommendations for processes to account 
                for effects of environmental variation on fish 
                stocks and fisheries; and
                  (D) a description of existing and developing 
                Council efforts to implement ecosystem 
                approaches, including lessons learned by the 
                Councils.
          (2) Identification of marine ecosystems; research 
        plan.--
                  (A) In general.--Within one year after the 
                date of the publication of the study under 
                paragraph (1), the Secretary, in conjunction 
                with the regional science centers of the 
                National Marine Fisheries Service and the 
                Councils, shall--
                          (i) identify specific marine 
                        ecosystems within each region for which 
                        a Council is established by section 
                        302(a); and
                          (ii) develop and begin to implement 
                        regional research plans to address the 
                        information deficiencies identified by 
                        the study.
                  (B) Research plans.--The research plans shall 
                suggest reasonable timeliness and cost 
                estimates for the collection of the required 
                information.
                  (C) Reports.--The Secretary shall report to 
                the Congress annually on the progress of the 
                regional research plans.
          (3) Agency technical advice and assistance, regional 
        pilot programs.--The Secretary is authorized to provide 
        necessary technical advice and assistance, including 
        grants, to the Councils for the development and design 
        of regional pilot programs that build upon the 
        recommendations of the advisory panel and, when 
        completed, the study.

           *       *       *       *       *       *       *


SEC. 408. REGIONAL STOCK ASSESSMENTS.

  (a) In General.--The Secretary shall conduct periodic 
regional assessments of stocks of fish.
  (b) Independent Review.--The Secretary shall ensure that each 
periodic assessment under this section is independently 
reviewed in a manner that--
          (1) will not delay the process of providing to 
        Regional Fishery Management Councils current 
        assessments for use in managing fisheries; and
          (2) is as transparent as possible, so that interested 
        members of the public can provide input during the 
        review process.

SEC. 409. GEAR GRANT PROGRAM.

  (a) Identification of Fisheries With Most Urgent Problems.--
The Secretary shall--
          (1) identify those fisheries included in a list under 
        subsection (a) that have the most urgent bycatch 
        problems or seabird interaction problems, based on 
        comments received regarding the list; and
          (2) work in conjunction with the Councils and fishing 
        industry participants to develop new fishing gear, or 
        modifications to existing fishing gear, that will help 
        minimize bycatch and seabird interactions to the extent 
        practicable.
  (b) Grant Authority.--The Secretary shall, subject to the 
availability of appropriations, make grants for the development 
of fishing gear and modifications to existing fishing gear that 
will help--
          (1) minimize bycatch and seabird interactions; and
          (2) minimize adverse fishing gear impacts on habitat 
        areas of particular concern.
  (c) Report.--The Secretary shall report to the Congress 
annually on--
          (1) the amount expended to implement this section in 
        the preceding year;
          (2) developments in gear technology achieved under 
        this section;
          (3) the reductions in bycatch associated with 
        implementation of this section; and
          (4) any other relevant information.
  (d) Authorization of Appropriations.--To carry out this 
section there is authorized to be appropriated to the Secretary 
$10,000,000 for each of fiscal years 2007 through 2011.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    We support reauthorization of the Magnuson-Stevens 
Fisheries Conservation Management Act (Magnuson Act) but 
strongly oppose H.R. 5018. The Joint Oceans Commission 
Initiative (JOCI), which represents the combined 
recommendations of the U.S. Commission on Ocean Policy (USCOP) 
and the Pew Oceans Commission, expressed similar concerns in 
letters dated May 16, 2006, and June 7, 2006. (See 
attachments.)

                      FAILURE TO CURB OVERFISHING

    Last reauthorized in 1996 to promote sustainable fisheries 
in our oceans, the Magnuson Act mandates the end to overfishing 
in stocks designated as overfished, and requires the rebuilding 
of overfished stocks in as short a time as possible but in 
general within 10 years. The law defines overfishing and 
overfished as a rate or level of fishing mortality that 
jeopardizes the capacity of a fishery to produce maximum 
sustainable yield on a continuing basis.
    The National Marine Fisheries Service has identified 74 
depleted fish stocks in need of rebuilding. Of these 74 stocks, 
rebuilding plans have been approved for 67 fish stocks. 
Although the requirements to rebuild fisheries were enacted 
nine years ago, only three fish stocks (Atlantic sea scallop, 
Pacific whiting and Pacific lingcod) have recovered. For 48 
percent of stocks with rebuilding plans, fish population levels 
are increasing. However, overfishing is still occurring for 45 
percent of the stocks with rebuilding plans in place. Studies 
have shown that the clearest cause of the lack of progress in 
rebuilding is the failure of many plans to reduce exploitation 
sufficiently to end overfishing.\1\
---------------------------------------------------------------------------
    \1\ Rosenberg, Andrew A., Swasey, Jill H., and Bowman, Margaret. 
``Rebuilding US fisheries: progress and problems.'' Frontiers in 
Ecology 2006: 4(7).
---------------------------------------------------------------------------
    Notwithstanding the poor fish stock recovery rate, H.R. 
5018 would undermine the law's conservation provisions and make 
it even more difficult and costly to rebuild marine fisheries 
by authorizing exemptions to the rebuilding requirements. While 
the bill would require annual catch limits, there is no 
mechanism in H.R. 5018 to enforce these limits.

           UNDERCUTTING THE REQUIREMENT TO REBUILD FISHERIES

    The Magnuson Act requires preparation of a rebuilding plan 
for an overfished fishery. The rebuilding time frame is to be 
as short as possible but no longer than 10 year years, except 
in cases where the biology of the stock or other environmental 
conditions dictate otherwise.
    Despite the flexibility already in the law, H.R. 5018 would 
authorize a series of loopholes large enough to pilot a fishing 
trawler through, and would enable the 10-year deadline to be 
extended indefinitely. Under H.R. 5018, overfishing could 
continue indefinitely if the Secretary makes any of the 
following determinations: the cause of the fishery decline is 
outside the Council's jurisdiction, rebuilding cannot be 
effective only by limiting fishing activities, one or more 
stocks in a multi species fishery need more than 10 years to 
recover, or the rebuilding targets are changed.
    ``If fishery productivity is reduced due to factors other 
than fishing, fishing pressure must still be reduced. It is not 
a matter of assigning blame, but of adjusting fishing pressure 
to a level that the resource can sustain,'' wrote the JOCI in 
its May 16, 2006, letter.
    The loopholes would exacerbate the effects of overfishing, 
making it more difficult, perhaps impossible, to produce 
sustainable fisheries to support the fishing industry. If H.R. 
5018 is enacted, the fishermen of today could continue fishing 
or even overfishing in the short term, but it is unlikely that 
fisheries experiencing over harvesting could sustain future 
generations of fishermen.
    ``Continuing to extend the rebuilding time frame makes it 
far more difficult to rebuild overall, causes even greater 
economic and social impacts, and means an ongoing loss of 
resources,'' the JOCI said in its May 16, 2006, letter. This 
provision is not in S. 2012, a bill passed by the Senate to 
reauthorize the Magnuson-Stevens Act.
    Ranking Democrat Nick J. Rahall and Representative Jim 
Saxton (R-NJ) filed amendments to strike the rebuilding 
language in Section 11. The amendment failed by a vote of 18 to 
17.

FAILURE TO ASSURE BALANCED AND ACCOUNTABLE REGIONAL FISHERY MANAGEMENT 
                          COUNCILS (COUNCILS)

    The Magnuson Act established eight regional Councils which 
play a major role in managing our nation's fisheries. The USCOP 
made important recommendations to improve the operations of the 
Councils, including some that are in H.R. 5018. These include 
payment to members serving on the Councils' Science and 
Statistical Committees (SSC) and the requirement that the SSCs 
recommend ``acceptable biological catch'' and maximum 
sustainable yield levels.
    While we support the SSCs role in establishing catch 
levels, the term ``acceptable biological catch'' is not defined 
in H.R. 5018 and should be. An enforcement mechanism is also 
needed to ensure that the catch level is not exceeded. H.R. 
5018 would authorize Councils to use harvest control methods 
instead of catch limits, but these methods are difficult to 
measure and are not as effective as catch limits in managing 
sustainable fisheries.
    Other USCOP and JOCI recommendations pertaining to 
appointments to the Councils and training for Council members 
are not in H.R. 5018. ``As it stands, the fishing industry 
representatives, who make up the majority of the regional 
fishery management council members, may tend to favor economic 
interests over the long-term sustainability of the stocks,'' 
the USCOP's report said. Of the 72 council members nationwide 
in 2005, only 10 were not from the commercial or recreational 
fishing sectors.
    In an attempt to address this concern, H.R. 5018 would 
authorize governors to nominate Councils members from academia 
and the public interest sector, but governors would not be 
required to recommend a broad slate of candidates, including 
two representatives from the general public, as the USCOP 
recommended.
    While H.R. 5018 would direct the Secretary to provide 
training to Council members, the bill fails to establish a 
deadline for Council members to complete the course, and would 
not prevent council members from voting prior to completing the 
course. The USCOP recommended both of these changes to the 
Magnuson Act.
    We are troubled that the bill contains absolutely no 
financial disclosure requirements for certain SSC members. 
Council members are required to abide by financial disclosure 
regulations in 50 CFR 600.235 and Federal employees must comply 
with 18 U.S.C. 208, but SSC members who are academicians or 
independent experts would be exempt from both. There is nothing 
to prevent SSC members, who also work for the fishing industry, 
from recommending catch levels that benefit their employers but 
do not promote stock sustainability.
    To get around a potential conflict of interest, the USCOP 
recommended that the Administrator of the National Oceanic and 
Atmospheric Administration ultimately approve the SSC 
appointments, but H.R. 5018 ignores this recommendation and 
retains the Councils' exclusive authority to make SSC 
appointments. An alternative solution would be to require that 
SSC members not have a direct financial interest or be employed 
by any person with a direct financial interest in any fishery.

   ELIMINATING COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT 
                                (NEPAL)

    H.R. 5018 continues the Republican crusade to weaken NEPA 
with a cascade of rifle-shot exemptions. In this case, H.R. 
5018 would create a unique, dual system for fisheries 
management where the Secretary of Commerce would be authorized 
to waive NEPA by finding that compliance with the Magnuson Act 
is ``substantially equivalent'' to NEPA. This new system would 
reduce public involvement, and curb alternatives and cumulative 
impacts analyses.
    Ironically, supporters of this exemption sometimes claim 
that the application of NEPA is redundant to the requirements 
in the Magnuson Act, and other times claim that the two laws 
are at odds with one another.
    The Council on Environmental Quality's General Counsel and 
the Assistant Administrator for Fisheries at the Department of 
Commerce testified that NEPA and the Magnuson Act are not in 
conflict. Neither the Magnuson Act nor H.R. 5018 require a 
broad analysis of the impacts that an action may have on the 
marine environment. The mere inclusion of Section 10 in H.R. 
5018 is a tacit admission that the Magnuson Act lacks the level 
of analysis found in NEPA, otherwise it would be unnecessary.
    The imitation NEPA requirements which H.R. 5018 would add 
to the Magnuson Act are insufficient. Section 10(a) in H.R. 
5018 would direct the Councils to provide information on 
``efforts to study, develop and describe'' alternatives. While 
this language mimics NEPA, a formal process, where alternative 
actions are identified and analyzed, is not required under H.R. 
5018.
    Section 10(b) in H.R. 5018 mentions cumulative impact 
analysis but requires it only within the narrow confines of a 
fishery management plan. Without the broader perspective NEPA 
requires, Councils could consider cumulative impacts of an 
action on one species in a fishery while ignoring the impacts 
of that action on other species and other aspects of the marine 
environment. If this language were to become law, the 
unintended result would be greater confusion and more 
litigation since there is no precedent for this approach.
    In its June 7, 2006, letter the JOCI said Section 10 
``would seriously compromise the integrity of NEPA'' and asked 
that the provision be removed from H.R. 5018. The Bush 
Administration did not request nor does it endorse the 
extraordinary powers granted to the Secretary of Commerce in 
Section 10. Moreover, this provision is not in S. 2012, the 
Magnuson reauthorization bill approved by the Senate.
    Ranking Democrat Nick J. Rahall and Congressman Raul 
Grijalva offered an amendment in Committee to strike this 
provision. The amendment failed by voice vote. A second degree 
amendment which would have deleted the offensive NEPA waiver 
language in H.R. 5018, and in its place directed the Secretary 
to update and revise procedures to integrate compliance with 
NEPA and the Magnuson Act, failed by a vote of 18 to 23.

    AUTHORIZING PERMANENT PRIVATIZATION OF PUBLIC FISHERY RESOURCES

    Often called an individual fishing quota, a Limited Access 
Privilege Program (LAPP) is a permit issued to individuals or 
an entity to harvest a specified amount of the total allowable 
catch of a fishery. H.R. 5018 would authorize councils to 
create a LAPP, subject to approval by the Secretary of 
Commerce.
    If implemented properly, LAPPs can be a management tool 
with the potential to improve conservation and promote 
fishermen safety, but there is no guarantee that LAPPs 
authorized in H.R. 5018 would meet these goals. In its June 7, 
2006, letter, the JOCI recommended that quota shared be 
assigned for a limited time period. Yet, under H.R. 5018, LAPP 
holders could retain their permits forever.
    In other areas within the Resources Committee's 
jurisdiction, such as contracting for timber harvest, and 
delivery of water and power, as well as issuing permits to 
graze animals on public lands, there are limitations in law or 
regulation on the amount of time public resources may be used 
for private benefit. Opponents of terms for a LAPP argue that 
fishermen will not be able to secure business loans without a 
long-term permit. Similar arguments were made by irrigation 
districts when contract terms for delivery of Bureau of 
Reclamation water were proposed. Yet farmers are still able to 
secure loans notwithstanding the limitations Congress enacted.
    While some fishermen support LAPPs, particularly those 
holding a quota, not all do. H.R. 5018 would grant New England 
fishermen authority to hold a referendum on whether or not a 
LAPP should be issued in their region, and would require a 2/3 
vote in support to approve a LAPP. Vessel captains and crew 
members would be eligible to participate in the referendum. 
Fishermen in other parts of the country would not be granted 
the same rights. In our view, all regions should be required to 
comply with the same rules.
    We also oppose provisions in H.R. 5018 which would exempt 
those LAPPS that are being developed but have not yet been 
approved by the Secretary from having to comply with H.R. 5018. 
The new rules established in H.R. 5018 should apply to all 
LAPPS.

                               CONCLUSION

    We support a reauthorization bill that will enable 
fisheries to rebuild, but H.R. 5018 would undermine this goal 
by allowing overfishing to continue indefinitely and would 
limit analysis of environmental impacts. Instead of enhancing 
the conservation provisions in the Magnuson Act for future 
generations, H.R. 5018 would lead to depleted fisheries, 
thereby threatening the $60 billion contribution our fisheries 
make to the U.S. economy, and jobs for more than half a million 
Americans. We strongly oppose H.R. 5018.

                                   Nick J. Rahall II.
                                   George Miller.
                                   Edward J. Markey.
                                   Dale Kildee.
                                   Grace F. Napolitano.
                                   Raul Grijalva.
                                   Tom Udall.