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[DOCID: f:publ479.109]
[[Page 121 STAT. 3575]]
Public Law 109-479
109th Congress
An Act
.
To amend the Magnuson-Stevens Fishery Conservation and Management Act to
authorize activities to promote improved monitoring and compliance for
high seas fisheries, or fisheries governed by international fishery
management agreements, and for other purposes. <<NOTE: Jan. 12,
2007 - [H.R. 5946]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 1801 note.>> Short Title.--This Act may be cited
as the ``Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and recovery
program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal
habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction.
Sec. 122. Conversion to catcher/processor shares.
TITLE II--INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
[[Page 121 STAT. 3576]]
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on commercial and recreational fishery
habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Sec. 217. Study of shortage in the number of individuals with post-
baccalaureate degrees in subjects related to fishery science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.
TITLE III--OTHER FISHERIES STATUTES
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries Acts.
TITLE IV--INTERNATIONAL
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
TITLE VI--PACIFIC WHITING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.
TITLE VII--MISCELLANEOUS
Sec. 701. Study of the acidification of the oceans and effect on
fisheries.
Sec. 702. Puget Sound regional shellfish settlement.
TITLE VIII--TSUNAMI WARNING AND EDUCATION
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
[[Page 121 STAT. 3577]]
Sec. 808. Authorization of appropriations.
TITLE IX--POLAR BEARS
Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is amended by
adding at the end the following:
``(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating ecosystem
considerations in fisheries management using the existing
authorities provided under this Act.''.
(b) In General.--Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (13) the following:
``(13A) The term `regional fishery association' means an
association formed for the mutual benefit of members--
``(A) to meet social and economic needs in a region
or subregion; and
``(B) comprised of persons engaging in the harvest
or processing of fishery resources in that specific
region or subregion or who otherwise own or operate
businesses substantially dependent upon a fishery.'';
(2) by inserting after paragraph (20) the following:
``(20A) The term `import'--
``(A) means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce
into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an importation within the
meaning of the customs laws of the United States; but
``(B) does not include any activity described in
subparagraph (A) with respect to fish caught in the
exclusive economic zone or by a vessel of the United
States.'';
(3) by inserting after paragraph (23) the following:
``(23A) The term `limited access privilege'--
``(A) means a Federal permit, issued as part of a
limited access system under section 303A to harvest a
quantity of fish expressed by a unit or units
representing a portion of the total allowable catch of
the fishery that may be received or held for exclusive
use by a person; and
``(B) includes an individual fishing quota; but
``(C) does not include community development quotas
as described in section 305(i).
``(23B) The term `limited access system' means a system that
limits participation in a fishery to those satisfying certain
eligibility criteria or requirements contained in a fishery
management plan or associated regulation.''; and
(4) by inserting after paragraph (27) the following:
[[Page 121 STAT. 3578]]
``(27A) The term `observer information' means any
information collected, observed, retrieved, or created by an
observer or electronic monitoring system pursuant to
authorization by the Secretary, or collected as part of a
cooperative research initiative, including fish harvest or
processing observations, fish sampling or weighing data, vessel
logbook data, vessel or processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''.
(c) Redesignation.--Paragraphs (1) through (45) of section 3 (16
U.S.C. 1802), as amended by subsection (a), are redesignated as
paragraphs (1) thorough (50), respectively.
(d) Conforming Amendments.--
(1) The following provisions of the Act are amended by
striking ``an individual fishing quota'' and inserting ``a
limited access privilege'':
(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.
1883(a)(1)(D) and (c)(1)).
(2) The following provisions of the Act are amended by
striking ``individual fishing quota'' and inserting ``limited
access privilege'':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C.
1854(d)(2)(A)(i)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual fishing quotas,'' and inserting ``limited
access privileges,''.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Traditional Participation.--In managing any fisheries under an
international fisheries agreement to which the United States is a party,
the appropriate Council or Secretary shall take into account the
traditional participation in the fishery, relative to other nations, by
fishermen of the United States on fishing vessels of the United States.
``(c) Promotion of Stock Management.--If a relevant international
fisheries organization does not have a process for developing a formal
plan to rebuild a depleted stock, an overfished stock, or a stock that
is approaching a condition of being overfished, the provisions of this
Act in this regard shall be communicated to and promoted by the United
States in the international or regional fisheries organization.''.
SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended--
(1) by striking ``shall be'' and inserting ``is'';
(2) by striking ``will not'' and inserting ``cannot, or will
not,''; and
(3) by inserting after ``Act.'' the following: ``Allocations
of the total allowable level of foreign fishing are
discretionary, except that the total allowable level shall be
zero for fisheries determined by the Secretary to have adequate
or excess domestic harvest capacity.''.
[[Page 121 STAT. 3579]]
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
(1) by inserting ``and any funds or contributions received
in support of conservation and management objectives under a
marine conservation plan'' after ``agreement'' in paragraph (7);
and
(2) by inserting after ``paragraph (4).'' in paragraph (8)
the following: ``In the case of violations by foreign vessels
occurring within the exclusive economic zones off Midway Atoll,
Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland,
Baker, and Wake Islands, amounts received by the Secretary
attributable to fines and penalties imposed under this Act,
shall be deposited into the Western Pacific Sustainable
Fisheries Fund established under paragraph (7) of this
subsection.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the provisions of this Act--
``(1) $337,844,000 for fiscal year 2007;
``(2) $347,684,000 for fiscal year 2008;
``(3) $357,524,000 for fiscal year 2009;
``(4) $367,364,000 for fiscal year 2010;
``(5) $377,204,000 for fiscal year 2011;
``(6) $387,044,000 for fiscal year 2012; and
``(7) $396,875,000 for fiscal year 2013.''.
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. CUMULATIVE IMPACTS.
(a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is
amended by inserting ``by utilizing economic and social data that meet
the requirements of paragraph (2),'' after ``fishing communities''.
(b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is
amended by striking ``describe the likely effects, if any, of the
conservation and management measures on--'' and inserting ``analyze the
likely effects, if any, including the cumulative conservation, economic,
and social impacts, of the conservation
and management measures on, and possible mitigation measures for--''.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by
inserting ``and of commonwealths, territories, and possessions of the
United States in the Caribbean Sea'' after ``seaward of such States''.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the
following:
[[Page 121 STAT. 3580]]
``(D) The tribal representative appointed under subparagraph (A) may
designate as an alternate, during the period of the representative's
term, an individual knowledgeable concerning tribal rights, tribal law,
and the fishery resources of the geographical area concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes
paragraph (2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) <<NOTE: Establishment.>> Each Council shall
establish, maintain, and appoint the members of a scientific and
statistical committee to assist it in the development,
collection, evaluation, and peer review of such statistical,
biological, economic, social, and other scientific information
as is relevant to such Council's development and amendment of
any fishery management plan.
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch, preventing overfishing, maximum sustainable
yield, and achieving rebuilding targets, and reports on stock
status and health, bycatch, habitat status, social and economic
impacts of management measures, and sustainability of fishing
practices.
``(C) Members appointed by the Councils to the scientific
and statistical committees shall be Federal employees, State
employees, academicians, or independent experts and shall have
strong scientific or technical credentials and experience.
``(D) Each member of a scientific and statistical committee
shall be treated as an affected individual for purposes of
paragraphs (2), (3)(B), (4), and (5)(A) of subsection
(j). <<NOTE: Records.>> The Secretary shall keep disclosures
made pursuant to this subparagraph on file.
``(E) The Secretary and each Council may establish a peer
review process for that Council for scientific information used
to advise the Council about the conservation and management of
the fishery. The review process, which may include existing
committees or panels, is deemed to satisfy the requirements of
the guidelines issued pursuant to section 515 of the Treasury
and General Government Appropriations Act for Fiscal year 2001
(Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
``(F) In addition to the provisions of section 302(f)(7),
the Secretary shall, subject to the availability of
appropriations, pay a stipend to members of the scientific and
statistical committees or advisory panels who are not employed
by the Federal Government or a State marine fisheries agency.
``(G) A science and statistical committee shall hold its
meetings in conjunction with the meeting of the Council, to the
extent practicable.''.
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
[[Page 121 STAT. 3581]]
(3) by inserting after paragraph (5) the following:
``(6) develop annual catch limits for each of its managed
fisheries that may not exceed the fishing level recommendations
of its scientific and statistical committee or the peer review
process established under subsection (g); and''.
(d) Scientific Research Priorities.--Section 302(h) (16 U.S.C.
1852(h)), as amended by subsection (c), is further amended--
(1) by striking ``(g); and'' in paragraph (6) and inserting
``(g);'';
(2) by redesignating paragraph (7), as redesignated by
subsection (c)(2), as paragraph (8);
(2) by inserting after paragraph (6) the following:
``(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities for
fisheries, fisheries interactions, habitats, and other areas of
research that are necessary for management purposes, that
shall--
``(A) establish priorities for 5-year periods;
``(B) be updated as necessary; and
``(C) be submitted to the Secretary and the regional
science centers of the National Marine Fisheries Service
for their consideration in developing research
priorities and budgets for the region of the Council;
and''.
(e) Regular and Emergency <<NOTE: Publication.>> Meetings.--Section
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended by striking
``published in local newspapers in the major fishing ports of the region
(and in other major fishing ports having a direct interest in the
affected fishery) and such notice may be given by such other means as
will result in wide publicity.'' and inserting ``provided by any means
that will result in wide publicity in the major fishing ports of the
region (and in other major fishing ports having a direct interest in the
affected fishery), except that e-mail notification and website postings
alone are not sufficient.''.
(f) Closed <<NOTE: Notification.>> Meetings.--Section 302(i)(3)(B)
(16 U.S.C. 1852(i)(3)(B)) is amended by striking ``notify local
newspapers in the major fishing ports within its region (and in other
major, affected fishing ports,'' and inserting ``provide notice by any
means that will result in wide publicity in the major fishing ports of
the region (and in other major fishing ports having a direct interest in
the affected fishery), except that e-mail notification and website
postings alone are not sufficient,''.
(g) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at
the end the following:
``(k) Council Training Program.--
``(1) <<NOTE: Deadline.>> Training course.--Within 6 months
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary, in consultation with the Councils and the National
Sea Grant College Program, shall develop a training course for
newly appointed Council members. The course may cover a variety
of topics relevant to matters before the Councils, including--
``(A) fishery science and basic stock assessment
methods;
``(B) fishery management techniques, data needs, and
Council procedures;
``(C) social science and fishery economics;
[[Page 121 STAT. 3582]]
``(D) tribal treaty rights and native customs,
access, and other rights related to Western Pacific
indigenous communities;
``(E) legal requirements of this Act, including
conflict of interest and disclosure provisions of this
section and related policies;
``(F) other relevant legal and regulatory
requirements, including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.);
``(G) public process for development of fishery
management plans;
``(H) other topics suggested by the Council; and
``(I) recreational and commercial fishing
information, including fish harvesting techniques, gear
types, fishing vessel types, and economics for the
fisheries within each Council's jurisdiction.
``(2) Member training.--The training course shall be
available to both new and existing Council members, staff from
the regional offices and regional science centers of the
National Marine Fisheries Service, and may be made available to
committee or advisory panel members as resources allow.
``(3) <<NOTE: Deadline.>> Required training.--Council
members appointed after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006 shall complete a training course that meets the
requirements of this section not later than 1 year after the
date on which they were appointed. Any Council member who has
completed a training course within 24 months before the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 shall be considered to
have met the training requirement of this paragraph.
``(l) Council Coordination Committee.--The Councils may establish a
Council coordination committee consisting of the chairs, vice chairs,
and executive directors of each of the 8 Councils described in
subsection (a)(1), or other Council members or staff, in order to
discuss issues of relevance to all Councils, including issues related to
the implementation of this Act.''.
(h) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is
amended--
(1) by striking ``to the Councils or to the scientific and
statistical committees or advisory panels established under
subsection (g).'' in paragraph (1) and inserting ``to the
Councils, the Council coordination committee established under
subsection (l), or to the scientific and statistical committees
or other committees or advisory panels established under
subsection (g).'';
(2) by striking ``of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g):'' in paragraph (2) and inserting ``of a Council,
of the Council coordination committee established under
subsection (l), and of the scientific and statistical committees
or other committees or advisory panels established under
subsection (g):''; and
(3) by inserting ``the Council Coordination Committee
established under subsection (l),'' in paragraph (3)(A) after
``Council,''; and
[[Page 121 STAT. 3583]]
(4) by inserting ``other committees,'' in paragraph (3)(A)
after ``committee,''.
(i) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is
amended--
(1) by inserting ``lobbying, advocacy,'' after
``processing,'' in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to an individual or
organization with a financial interest in such activity.'';
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
``(B) <<NOTE: Records. Internet. Public information.>> be
kept on file by the Council and made available on the Internet
and for public inspection at the Council offices during
reasonable hours; and''; and
(4) by adding at the end the following:
``(9) <<NOTE: Deadline. Reports.>> On January 1, 2008, and annually
thereafter, the Secretary shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on action taken by the Secretary
and the Councils to implement the disclosure of financial interest and
recusal requirements of this subsection, including identification of any
conflict of interest problems with respect to the Councils and
scientific and statistical committees and recommendations for addressing
any such problems.''.
(j) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2)
(16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the Gulf of
Mexico Fisheries Management Council under subparagraph (C) shall
include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries resources
in the jurisdiction of the Council.
``(ii) Notwithstanding the requirements of subparagraph (C), if the
Secretary determines that the list of names submitted by the Governor
does not meet the requirements of clause (i) the Secretary shall--
``(I) <<NOTE: Notice. Federal Register,
publication.>> publish a notice in the Federal Register asking
the residents of that State to submit the names and pertinent
biographical data of individuals who would meet the requirement
not met for appointment to the Council; and
``(II) add the name of any qualified individual submitted by
the public who meets the unmet requirement to the list of names
submitted by the Governor.
``(iii) For purposes of clause (i) an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial or recreational
fishing sector.
``(iv) <<NOTE: Expiration date.>> The requirements of this
subparagraph shall expire at the end of fiscal year 2012.''.
[[Page 121 STAT. 3584]]
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and charter fishing'' in paragraph (5) and
inserting ``charter fishing, and fish processing'';
(2) by inserting ``economic information necessary to meet
the requirements of this Act,'' in paragraph (5) after ``number
of hauls,'';
(3) by striking ``and'' after the semicolon in paragraph
(9)(A);
(4) by inserting ``and'' after the semicolon in paragraph
(9)(B);
(5) by inserting after paragraph (9)(B) the following:
``(C) the safety of human life at sea, including
whether and to what extent such measures may affect the
safety of participants in the fishery;'';
(6) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including its economic
impact,'';
(7) by striking ``and'' after the semicolon in paragraph
(13);
(8) by striking ``allocate'' in paragraph (14) and inserting
``allocate, taking into consideration the economic impact of the
harvest restrictions or recovery benefits on the fishery
participants in each sector,'';
(9) by striking ``fishery.'' in paragraph (14) and inserting
``fishery and;''; and
(10) by adding at the end the following:
``(15) <<NOTE: Regulations.>> establish a mechanism for
specifying annual catch limits in the plan (including a
multiyear plan), implementing regulations, or annual
specifications, at a level such that overfishing does not occur
in the fishery, including measures to ensure accountability.''.
(b) <<NOTE: 16 USC 1853 note.>> Effective Dates; Application to
Certain Species.--The amendment made by subsection (a)(10)--
(1) shall, unless otherwise provided for under an
international agreement in which the United States participates,
take effect--
(A) in fishing year 2010 for fisheries determined by
the Secretary to be subject to overfishing; and
(B) in fishing year 2011 for all other fisheries;
and
(2) shall not apply to a fishery for species that have a
life cycle of approximately 1 year unless the Secretary has
determined the fishery is subject to overfishing of that
species; and
(3) shall not limit or otherwise affect the requirements of
section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851(a)(1) or
1854(e), respectively).
(c) Clarification of Rebuilding Provision.--Section 304(e) (16
U.S.C. 1854(e)) is amended--
(1) by striking ``one year of'' in paragraph (3) and
inserting ``2 years after'';
(2) by inserting ``and implement'' after ``prepare'' in
paragraph (3);
(3) by inserting ``immediately'' after ``overfishing'' in
paragraph (3)(A);
[[Page 121 STAT. 3585]]
(4) by striking ``ending overfishing and'' in paragraph
(4)(A); and
(5) by striking ``one-year'' in paragraph (5) and inserting
``2-year''.
(d) <<NOTE: 16 USC 1854 note.>> Effective Date for Subsection (c).--
The amendments made by subsection (c) shall take effect 30 months after
the date of enactment of this Act.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
(2) by inserting after paragraph (2) the following:
``(B) designate such zones in areas where deep sea corals
are identified under section 408, to protect deep sea corals
from physical damage from fishing gear or to prevent loss or
damage to such fishing gear from interactions with deep sea
corals, after considering long-term sustainable uses of fishery
resources in such areas; and
``(C) with respect to any closure of an area under this Act
that prohibits all fishing, ensure that such closure--
``(i) is based on the best scientific information
available;
``(ii) includes criteria to assess the conservation
benefit of the closed area;
``(iii) establishes a timetable for review of the
closed area's performance that is consistent with the
purposes of the closed area; and
``(iv) is based on an assessment of the benefits and
impacts of the closure, including its size, in relation
to other management measures (either alone or in
combination with such measures), including the benefits
and impacts of limiting access to: users of the area,
overall fishing activity, fishery science, and fishery
and marine conservation;'';
(3) by striking ``fishery;'' in paragraph (5) and inserting
``fishery and take into account the different circumstances
affecting fisheries from different States and ports, including
distances to fishing grounds and proximity to time and area
closures;'';
(4) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) present participation in the fishery;
``(B) historical fishing practices in, and
dependence on, the fishery;
``(C) the economics of the fishery;
``(D) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(E) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(F) the fair and equitable distribution of access
privileges in the fishery; and
``(G) any other relevant considerations;'';
(5) by striking ``(other than economic data)'' in paragraph
(7);
(6) by striking ``and'' after the semicolon in paragraph
(11); and
[[Page 121 STAT. 3586]]
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) include management measures in the plan to conserve
target and non-target species and habitats, considering the
variety of ecological factors affecting fishery populations;
and''.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); <<NOTE: 16 USC 1853.>> and
(2) by inserting after section 303 the following:
``SEC. 303A. <<NOTE: 16 USC 1853a.>> LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006,
a Council may submit, and the Secretary may approve, for a fishery that
is managed under a limited access system, a limited access privilege
program to harvest fish if the program meets the requirements of this
section.
``(b) No Creation of Right, Title, or Interest.--Limited access
privilege, quota share, or other limited access system authorization
established, implemented, or managed under this Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation if the system is
found to have jeopardized the sustainability of the stock or the
safety of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or other
such limited access system authorization if it is revoked,
limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish is
harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to engage
in activities permitted by such limited access privilege or
quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--Any limited access privilege program to
harvest fish submitted by a Council or approved by the Secretary
under this section shall--
``(A) if established in a fishery that is overfished
or subject to a rebuilding plan, assist in its
rebuilding;
``(B) if established in a fishery that is determined
by the Secretary or the Council to have over-capacity,
contribute to reducing capacity;
``(C) promote--
``(i) fishing safety;
``(ii) fishery conservation and management;
and
``(iii) social and economic benefits;
``(D) prohibit any person other than a United States
citizen, a corporation, partnership, or other entity
established under the laws of the United States or any
State, or a permanent resident alien, that meets the
eligibility and participation requirements established
in the program from acquiring a privilege to harvest
fish, including any
[[Page 121 STAT. 3587]]
person that acquires a limited access privilege solely
for the purpose of perfecting or realizing on a security
interest in such privilege;
``(E) require that all fish harvested under a
limited access privilege program be processed on vessels
of the United States or on United States soil (including
any territory of the United States);
``(F) specify the goals of the program;
``(G) <<NOTE: Deadlines.>> include provisions for
the regular monitoring and review by the Council and the
Secretary of the operations of the program, including
determining progress in meeting the goals of the program
and this Act, and any necessary modification of the
program to meet those goals, with a formal and detailed
review 5 years after the implementation of the program
and thereafter to coincide with scheduled Council review
of the relevant fishery management plan (but no less
frequently than once every 7 years);
``(H) include an effective system for enforcement,
monitoring, and management of the program, including the
use of observers or electronic monitoring systems;
``(I) include an appeals process for administrative
review of the Secretary's decisions regarding initial
allocation of limited access privileges;
``(J) provide for the establishment by the
Secretary, in consultation with appropriate Federal
agencies, for an information collection and review
process to provide any additional information needed to
determine whether any illegal acts of anti-competition,
anti-trust, price collusion, or price fixing have
occurred among regional fishery associations or persons
receiving limited access privileges under the program;
and
``(K) provide for the revocation by the Secretary of
limited access privileges held by any person found to
have violated the antitrust laws of the United States.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(E) if the Secretary determines that--
``(A) the fishery has historically processed the
fish outside of the United States; and
``(B) the United States has a seafood safety
equivalency agreement with the country where processing
will occur.
``(3) Fishing communities.--
``(A) In general.--
``(i) Eligibility.--To be eligible to
participate in a limited access privilege program
to harvest fish, a fishing community shall--
``(I) be located within the
management area of the relevant Council;
``(II) <<NOTE: Criteria. Federal
Register, publication.>> meet criteria
developed by the relevant Council,
approved by the Secretary, and published
in the Federal Register;
``(III) consist of residents who
conduct commercial or recreational
fishing, processing, or fishery-
dependent support businesses within the
Council's management area; and
``(IV) <<NOTE: Plan.>> develop and
submit a community sustainability plan
to the Council and the Secretary that
demonstrates how the plan will address
the social
[[Page 121 STAT. 3588]]
and economic development needs of
coastal communities, including those
that have not historically had the
resources to participate in the fishery,
for approval based on criteria developed
by the Council that have been approved
by the Secretary and published in the
Federal Register.
``(ii) Failure to comply with plan.--The
Secretary shall deny or revoke limited access
privileges granted under this section for any
person who fails to comply with the requirements
of the community sustainability plan. Any limited
access privileges denied or revoked under this
section may be reallocated to other eligible
members of the fishing community.
``(B) Participation criteria.--In developing
participation criteria for eligible communities under
this paragraph, a Council shall consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of projected
economic and social impacts associated with
implementation of limited access privilege
programs on harvesters, captains, crew,
processors, and other businesses substantially
dependent upon the fishery in the region or
subregion;
``(v) the expected effectiveness, operational
transparency, and equitability of the community
sustainability plan; and
``(vi) the potential for improving economic
conditions in remote coastal communities lacking
resources to participate in harvesting or
processing activities in the fishery.
``(4) Regional fishery associations.--
``(A) In general.--To be eligible to participate in
a limited access privilege program to harvest fish, a
regional fishery association shall--
``(i) be located within the management area of
the relevant Council;
``(ii) <<NOTE: Criteria. Federal Register,
publication.>> meet criteria developed by the
relevant Council, approved by the Secretary, and
published in the Federal Register;
``(iii) be a voluntary association with
established by-laws and operating procedures;
``(iv) consist of participants in the fishery
who hold quota share that are designated for use
in the specific region or subregion covered by the
regional fishery association, including commercial
or recreational fishing, processing, fishery-
dependent support businesses, or fishing
communities;
``(v) not be eligible to receive an initial
allocation of a limited access privilege but may
acquire such privileges after the initial
allocation, and may hold the annual fishing
privileges of any limited access privileges it
holds or the annual fishing privileges that is
members contribute; and
[[Page 121 STAT. 3589]]
``(vi) <<NOTE: Plan.>> develop and submit a
regional fishery association plan to the Council
and the Secretary for approval based on criteria
developed by the Council that have been approved
by the Secretary and published in the Federal
Register.
``(B) Failure to comply with plan.--The Secretary
shall deny or revoke limited access privileges granted
under this section to any person participating in a
regional fishery association who fails to comply with
the requirements of the regional fishery association
plan.
``(C) Participation criteria.--In developing
participation criteria for eligible regional fishery
associations under this paragraph, a Council shall
consider--
``(i) traditional fishing or processing
practices in, and dependence on, the fishery;
``(ii) the cultural and social framework
relevant to the fishery;
``(iii) economic barriers to access to
fishery;
``(iv) the existence and severity of projected
economic and social impacts associated with
implementation of limited access privilege
programs on harvesters, captains, crew,
processors, and other businesses substantially
dependent upon the fishery in the region or
subregion;
``(v) the administrative and fiduciary
soundness of the association; and
``(vi) the expected effectiveness, operational
transparency, and equitability of the fishery
association plan.
``(5) Allocation.--In developing a limited access privilege
program to harvest fish a Council or the Secretary shall--
``(A) <<NOTE: Procedures.>> establish procedures to
ensure fair and equitable initial allocations, including
consideration of--
``(i) current and historical harvests;
``(ii) employment in the harvesting and
processing sectors;
``(iii) investments in, and dependence upon,
the fishery; and
``(iv) the current and historical
participation of fishing communities;
``(B) consider the basic cultural and social
framework of the fishery, especially through--
``(i) the development of policies to promote
the sustained participation of small owner-
operated fishing vessels and fishing communities
that depend on the fisheries, including regional
or port-specific landing or delivery requirements;
and
``(ii) procedures to address concerns over
excessive geographic or other consolidation in the
harvesting or processing sectors of the fishery;
``(C) include measures to assist, when necessary and
appropriate, entry-level and small vessel owner-
operators, captains, crew, and fishing communities
through set-asides of harvesting allocations, including
providing privileges, which may include set-asides or
allocations of harvesting privileges, or economic
assistance in the purchase of limited access privileges;
[[Page 121 STAT. 3590]]
``(D) ensure that limited access privilege holders
do not acquire an excessive share of the total limited
access privileges in the program by--
``(i) establishing a maximum share, expressed
as a percentage of the total limited access
privileges, that a limited access privilege holder
is permitted to hold, acquire, or use; and
``(ii) establishing any other limitations or
measures necessary to prevent an inequitable
concentration of limited access privileges; and
``(E) authorize limited access privileges to harvest
fish to be held, acquired, used by, or issued under the
system to persons who substantially participate in the
fishery, including in a specific sector of such fishery,
as specified by the Council.
``(6) Program initiation.--
``(A) Limitation.--Except as provided in
subparagraph (D), a Council may initiate a fishery
management plan or amendment to establish a limited
access privilege program to harvest fish on its own
initiative or if the Secretary has certified an
appropriate petition.
``(B) Petition.--A group of fishermen constituting
more than 50 percent of the permit holders, or holding
more than 50 percent of the allocation, in the fishery
for which a limited access privilege program to harvest
fish is sought, may submit a petition to the Secretary
requesting that the relevant Council or Councils with
authority over the fishery be authorized to initiate the
development of the program. Any such petition shall
clearly state the fishery to which the limited access
privilege program would apply. For multispecies permits
in the Gulf of Mexico, only those participants who have
substantially fished the species proposed to be included
in the limited access program shall be eligible to sign
a petition for such a program and shall serve as the
basis for determining the percentage described in the
first sentence of this subparagraph.
``(C) Certification by secretary.--Upon the receipt
of any such petition, the Secretary shall review all of
the signatures on the petition and, if the Secretary
determines that the signatures on the petition represent
more than 50 percent of the permit holders, or holders
of more than 50 percent of the allocation in the
fishery, as described by subparagraph (B), the Secretary
shall certify the petition to the appropriate Council or
Councils.
``(D) New england and gulf referendum.--
``(i) Except as provided in clause (iii) for
the Gulf of Mexico commercial red snapper fishery,
the New England and Gulf Councils may not submit,
and the Secretary may not approve or implement, a
fishery management plan or amendment that creates
an individual fishing quota program, including a
Secretarial plan, unless such a system, as
ultimately developed, has been approved by more
than \2/3\ of those voting in a referendum among
eligible permit holders, or other persons
described in clause (v), with respect to the New
England Council, and by a majority of those voting
in the referendum among eligible permit holders
with
[[Page 121 STAT. 3591]]
respect to the Gulf Council. For multispecies
permits in the Gulf of Mexico, only those
participants who have substantially fished the
species proposed to be included in the individual
fishing quota program shall be eligible to vote in
such a referendum. If an individual fishing quota
program fails to be approved by the requisite
number of those voting, it may be revised and
submitted for approval in a subsequent referendum.
``(ii) <<NOTE: Referendum. Notification.>> The
Secretary shall conduct a referendum under this
subparagraph, including notifying all persons
eligible to participate in the referendum and
making available to them information concerning
the schedule, procedures, and eligibility
requirements for the referendum process and the
proposed individual fishing quota
program. <<NOTE: Deadline. Publication. Guidelines.
Procedures.>> Within 1 year after the date of
enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of
2006, the Secretary shall publish guidelines and
procedures to determine procedures and voting
eligibility requirements for referenda and to
conduct such referenda in a fair and equitable
manner.
``(iii) <<NOTE: Applicability.>> The
provisions of section 407(c) of this Act shall
apply in lieu of this subparagraph for an
individual fishing quota program for the Gulf of
Mexico commercial red snapper fishery.
``(iv) Chapter 35 of title 44, United States
Code, (commonly known as the Paperwork Reduction
Act) does not apply to the referenda conducted
under this subparagraph.
``(v) <<NOTE: Criteria.>> The Secretary shall
promulgate criteria for determining whether
additional fishery participants are eligible to
vote in the New England referendum described in
clause (i) in order to ensure that crew members
who derive a significant percentage of their total
income from the fishery under the proposed program
are eligible to vote in the referendum.
``(vi) In this subparagraph, the term
`individual fishing quota' does not include a
sector allocation.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) <<NOTE: Criteria.>> establish a policy and
criteria for the transferability of limited access
privileges (through sale or lease), that is consistent
with the policies adopted by the Council for the fishery
under paragraph (5); and
``(B) establish, in coordination with the Secretary,
a process for monitoring of transfers (including sales
and leases) of limited access privileges.
``(8) <<NOTE: Applicability.>> Preparation and
implementation of secretarial plans.--This subsection also
applies to a plan prepared and implemented by the Secretary
under section 304(c) or 304(g).
``(9) Antitrust savings clause.--Nothing in this Act shall
be construed to modify, impair, or supersede the operation of
any of the antitrust laws. <<NOTE: Applicability.>> For purposes
of the preceding sentence, the term `antitrust laws' has the
meaning given such term in subsection (a) of the first section
of the Clayton Act, except that such term includes section 5 of
the Federal Trade
[[Page 121 STAT. 3592]]
Commission Act to the extent that such section 5 applies to
unfair methods of competition.
``(d) Auction and Other Programs.--In establishing a limited access
privilege program, a Council shall consider, and may provide, if
appropriate, an auction system or other program to collect royalties for
the initial, or any subsequent, distribution of allocations in a limited
access privilege program if--
``(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege
shares meets the program requirements of this section; and
``(2) revenues generated through such a royalty program are
deposited in the Limited Access System Administration Fund
established by section 305(h)(5)(B) and available subject to
annual appropriations.
``(e) Cost Recovery.--In establishing a limited access privilege
program, a Council shall--
``(1) develop a methodology and the means to identify and
assess the management, data collection and analysis, and
enforcement programs that are directly related to and in support
of the program; and
``(2) provide, under section 304(d)(2), for a program of
fees paid by limited access privilege holders that will cover
the costs of management, data collection and analysis, and
enforcement activities.
``(f) <<NOTE: Permit period.>> Characteristics.--A limited access
privilege established after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006
is a permit issued for a period of not more than 10 years that--
``(1) will be renewed before the end of that period, unless
it has been revoked, limited, or modified as provided in this
subsection;
``(2) will be revoked, limited, or modified if the holder is
found by the Secretary, after notice and an opportunity for a
hearing under section 554 of title 5, United States Code, to
have failed to comply with any term of the plan identified in
the plan as cause for revocation, limitation, or modification of
a permit, which may include conservation requirements
established under the plan;
``(3) may be revoked, limited, or modified if the holder is
found by the Secretary, after notice and an opportunity for a
hearing under section 554 of title 5, United States Code, to
have committed an act prohibited by section 307 of this Act; and
``(4) may be acquired, or reacquired, by participants in the
program under a mechanism established by the Council if it has
been revoked, limited, or modified under paragraph (2) or (3).
``(g) Limited Access Privilege Assisted Purchase Program.--
``(1) In general.--A Council may submit, and the Secretary
may approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 53706(a)(7) of title
46, United States Code, to issue obligations that aid in
financing--
``(A) the purchase of limited access privileges in
that fishery by fishermen who fish from small vessels;
and
[[Page 121 STAT. 3593]]
``(B) the first-time purchase of limited access
privileges in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--Nothing in
this Act, or the amendments made by the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, shall be
construed to require a reallocation or a reevaluation of individual
quota shares, processor quota shares, cooperative programs, or other
quota programs, including sector allocation in effect before the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006.
``(i) Transition Rules.--
``(1) <<NOTE: Deadlines.>> In general.--The requirements of
this section shall not apply to any quota program, including any
individual quota program, cooperative program, or sector
allocation for which a Council has taken final action or which
has been submitted by a Council to the Secretary, or approved by
the Secretary, within 6 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, except that--
``(A) <<NOTE: Applicability.>> the requirements of
section 303(d) of this Act in effect on the day before
the date of enactment of that Act shall apply to any
such program;
``(B) the program shall be subject to review under
subsection (c)(1)(G) of this section not later than 5
years after the program implementation; and
``(C) nothing in this subsection precludes a Council
from incorporating criteria contained in this section
into any such plans.
``(2) Pacific groundfish proposals.--The requirements of
this section, other than subparagraphs (A) and (B) of subsection
(c)(1) and subparagraphs (A), (B), and (C) of paragraph (1) of
this subsection, shall not apply to any proposal authorized
under section 302(f) of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 that is
submitted within the timeframe prescribed by that section.''.
(b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended
by striking ``management and enforcement'' and inserting ``management,
data collection, and enforcement''.
(c) <<NOTE: 16 USC 1891.>> Investment in United States Seafood
Processing Facilities.--The Secretary of Commerce shall work with the
Small Business Administration and other Federal agencies to develop
financial and other mechanisms to encourage United States investment in
seafood processing facilities in the United States for fisheries that
lack capacity needed to process fish harvested by United States vessels
in compliance with the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C.
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and
all that follows and inserting ``section 305(h)(5)(B).''.
[[Page 121 STAT. 3594]]
(e) <<NOTE: 16 USC 1853a note.>> Application With American Fisheries
Act.--Nothing in section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), as added by
subsection (a), shall be construed to modify or supersede any provision
of the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851
note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation with
the Councils and the Council on Environmental Quality, revise
and update agency procedures for compliance with the National
Environmental Policy Act (42 U.S.C. 4231 et seq.). The
procedures shall--
``(A) conform to the time lines for review and
approval of fishery management plans and plan amendments
under this section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input,
with the procedure for the preparation and dissemination
of fishery management plans, plan amendments, and other
actions taken or approved pursuant to this Act in order
to provide for timely, clear and concise analysis that
is useful to decision makers and the public, reduce
extraneous paperwork, and effectively involve the
public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments, regulations,
or other actions taken or approved pursuant to this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) <<NOTE: Deadline.>> propose revised procedures
within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006;
``(B) <<NOTE: Public comments.>> provide 90 days for
public review and comments; and
``(C) <<NOTE: Deadline.>> promulgate final
procedures no later than 12 months after the date of
enactment of that Act.
``(4) Public participation.--The Secretary is authorized and
directed, in cooperation with the Council on Environmental
Quality and the Councils, to involve the affected public in the
development of revised procedures, including workshops or other
appropriate means of public involvement.''.
SEC. 108. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B)
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' the
second time it appears and inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after
``emergency regulations''.
[[Page 121 STAT. 3595]]
SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the end thereof
the following:
``(j) Western Pacific and Northern Pacific Regional Marine Education
and Training.--
``(1) In general.--The Secretary shall establish a pilot
program for regionally-based marine education and training
programs in the Western Pacific and the Northern Pacific to
foster understanding, practical use of knowledge (including
native Hawaiian, Alaskan Native, and other Pacific Islander-
based knowledge), and technical expertise relevant to
stewardship of living marine resources. The Secretary shall, in
cooperation with the Western Pacific and the North Pacific
Regional Fishery Management Councils, regional educational
institutions, and local Western Pacific and Northern Pacific
community training entities, establish programs or projects that
will improve communication, education, and training on marine
resource issues throughout the region and increase scientific
education for marine-related professions among coastal community
residents, including indigenous Pacific islanders, Native
Hawaiians, Alaskan Natives, and other underrepresented groups in
the region.
``(2) Program components.--The program shall--
``(A) include marine science and technology
education and training programs focused on preparing
community residents for employment in marine related
professions, including marine resource conservation and
management, marine science, marine technology, and
maritime operations;
``(B) include fisheries and seafood-related training
programs, including programs for fishery observers,
seafood safety and seafood marketing, focused on
increasing the involvement of coastal community
residents in fishing, fishery management, and seafood-
related operations;
``(C) include outreach programs and materials to
educate and inform consumers about the quality and
sustainability of wild fish or fish products farmed
through responsible aquaculture, particularly in Hawaii,
Alaska, the Western Pacific, the Northern Pacific, and
the Central Pacific;
``(D) include programs to identify, with the fishing
industry, methods and technologies that will improve the
data collection, quality, and reporting and increase the
sustainability of fishing practices, and to transfer
such methods and technologies among fisheries sectors
and to other nations in the Western, Northern, and
Central Pacific;
``(E) develop means by which local and traditional
knowledge (including Pacific islander, Native Hawaiian,
and Alaskan Native knowledge) can enhance science-based
management of fishery resources of the region; and
``(F) develop partnerships with other Western
Pacific Island and Alaskan agencies, academic
institutions, and other entities to meet the purposes of
this section.''.
[[Page 121 STAT. 3596]]
SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109 of this Act,
is further amended by adding at the end thereof the following:
``(k) Multispecies Groundfish.--
``(1) <<NOTE: Deadline.>> In general.--Within 60 days after
the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary of Commerce shall determine whether fishing in State
waters--
``(A) without a New England multispecies groundfish
fishery permit on regulated species within the
multispecies complex is not consistent with the
applicable Federal fishery management plan; or
``(B) without a Federal bottomfish and seamount
groundfish permit in the Hawaiian archipelago on
regulated species within the complex is not consistent
with the applicable Federal fishery management plan or
State data are not sufficient to make such a
determination.
``(2) <<NOTE: Notification.>> Cure.--If the Secretary makes
a determination that such actions are not consistent with the
plan, the Secretary shall, in consultation with the Council, and
after notifying the affected State, develop and implement
measures to cure the inconsistency pursuant to section
306(b).''.
SEC. 111. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for
enforcement purposes any data or information
required to be provided under this title or
regulations under this title, including data from
vessel monitoring systems, satellite-based
maritime distress and safety systems, or any
similar system, subject to the confidentiality
provisions of section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers with
marine law enforcement responsibilities to perform duties of the
Secretary relating to law enforcement provisions under this
title or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may enter into a
joint enforcement agreement with the requesting State.
``(2) Eligible state.--A State is eligible to participate in
the cooperative enforcement agreements under this section if it
is in, or bordering on, the Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
[[Page 121 STAT. 3597]]
of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and
intent of this section to the extent applicable to the
regulated activities;
``(B) may include specifications for joint
management responsibilities as provided by the first
section of Public Law 91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall be
fairly distributed among all eligible States participating in
cooperative enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs, the
specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State to
undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to be
withheld by the Secretary for the cost of any technical or other
assistance provided to the State by the Secretary under the
agreement.
``(i) Improved Data Sharing.--
``(1) <<NOTE: Deadline.>> In general.--Notwithstanding any
other provision of this Act, as soon as practicable but no later
than 21 months after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006, the Secretary shall implement data-sharing measures to
make any data required to be provided by this Act from
satellite-based maritime distress and safety systems, vessel
monitoring systems, or similar systems--
``(A) directly accessible by State enforcement
officers authorized under subsection (a) of this
section; and
``(B) available to a State management agency
involved in, or affected by, management of a fishery if
the State has entered into an agreement with the
Secretary under section 402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section 402(b)(1)(B)
of this Act if--
``(A) the Attorney General or highest ranking legal
officer of the State provides a written opinion or
certification that State law allows the State to
maintain the confidentiality of information required by
Federal law to be kept confidential; or
``(B) the Secretary is provided other reasonable
assurance that the State can and will protect the
identity or business of any person to which such
information relates.''.
(b) Report.--Within 15 months after the date of enactment of this
Act, the National Marine Fisheries Service and the United States Coast
Guard shall transmit a joint report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Resources containing--
[[Page 121 STAT. 3598]]
(1) a cost-to-benefit analysis of the feasibility, value,
and cost of using vessel monitoring systems, satellite-based
maritime distress and safety systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal government bearing the capital costs
of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether satellite-based maritime
distress and safety systems, or similar requirements would
overlap existing requirements or render them redundant;
(4) an examination of how data integration from such systems
could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these
opportunities, including the provision of direct access to
satellite-based maritime distress and safety system or similar
system data to State enforcement officers, while considering the
need to maintain or provide an appropriate level of individual
vessel confidentiality where practicable; and
(6) an assessment of how the satellite-based maritime
distress and safety system or similar systems could be
developed, purchased, and distributed to regulated vessels.
SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.
(a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
(1) by striking ``measures;'' in subsection (a)(1)(B) and
inserting ``measures, including regulatory restrictions
(including those imposed as a result of judicial action) imposed
to protect human health or the marine environment;'';
(2) by striking ``1996, 1997, 1998, and 1999.'' in
subsection (a)(4) and inserting ``2007 through 2013.'';
(3) by striking ``or the Governor of a State for fisheries
under State authority, may conduct a fishing'' in subsection
(b)(1) and inserting ``the Governor of a State for fisheries
under State authority, or a majority of permit holders in the
fishery, may conduct a voluntary fishing'';
(4) by inserting ``practicable'' after ``entrants,'' in
subsection (b)(1)(B)(i);
(5) by striking ``cost-effective and'' in subsection
(b)(1)(C) and inserting ``cost-effective and, in the instance of
a program involving an industry fee system, prospectively'';
(6) by striking subparagraph (A) of subsection (b)(2) and
inserting the following:
``(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the fishery is
surrendered for permanent revocation and the vessel owner and
permit holder relinquish any claim associated with the vessel or
permit that could qualify such owner or holder for any present
or future limited access system permit in the fishery for which
the program is established or in any other fishery and such
vessel is (i) scrapped, or (ii) through the Secretary of the
department in which the Coast Guard is operating, subjected to
title restrictions (including loss of the vessel's fisheries
endorsement) that permanently prohibit and effectively prevent
its
[[Page 121 STAT. 3599]]
use in fishing in federal or state waters, or fishing on the
high seas or in the waters of a foreign nation; or'';
(7) by striking ``The Secretary shall consult, as
appropriate, with Councils,'' in subsection (b)(4) and inserting
``The harvester proponents of each program and the Secretary
shall consult, as appropriate and practicable, with Councils,'';
(8) by adding at the end of subsection (b) the following:
``(5) <<NOTE: Certification.>> Payment condition.--The Secretary may
not make a payment under paragraph (2) with respect to a vessel that
will not be scrapped unless the Secretary certifies that the vessel will
not be used for fishing in the waters of a foreign nation or fishing on
the high seas.
``(6) Report.--
``(A) In general.--Subject to the availability of funds, the
Secretary shall, within 12 months after the date of the
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 submit to the Congress a
report--
``(i) identifying and describing the 20 fisheries in
United States waters with the most severe examples of
excess harvesting capacity in the fisheries, based on
value of each fishery and the amount of excess
harvesting capacity as determined by the Secretary;
``(ii) recommending measures for reducing such
excess harvesting capacity, including the retirement of
any latent fishing permits that could contribute to
further excess harvesting capacity in those fisheries;
and
``(iii) potential sources of funding for such
measures.
``(B) Basis for recommendations.--The Secretary shall base
the recommendations made with respect to a fishery on--
``(i) the most cost effective means of achieving
voluntary reduction in capacity for the fishery using
the potential for industry financing; and
``(ii) including measures to prevent the capacity
that is being removed from the fishery from moving to
other fisheries in the United States, in the waters of a
foreign nation, or on the high seas.'';
(9) by striking ``Secretary, at the request of the
appropriate Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(10) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
(11) by striking ``a two-thirds majority of the participants
voting.'' in subsection (d)(1)(B) and inserting ``at least a
majority of the permit holders in the fishery, or 50 percent of
the permitted allocation of the fishery, who participated in the
fishery.'';
(12) by striking ``establish;'' in subsection (d)(2)(C) and
inserting ``establish, unless the Secretary determines that such
fees should be collected from the seller;''; and
(13) striking subsection (e) and inserting the following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose
and adopt framework regulations applicable to the implementation
of all programs under this section.
[[Page 121 STAT. 3600]]
``(2) Program regulations.--The Secretary shall implement
each program under this section by promulgating regulations
that, together with the framework regulations, establish each
program and control its implementation.
``(3) Harvester proponents' implementation plan.--The
Secretary may not propose implementation regulations for a
program to be paid for by an industry fee system until the
harvester proponents of the program provide to the Secretary a
proposed implementation plan that, among other matters--
``(A) proposes the types and numbers of vessels or
permits that are eligible to participate in the program
and the manner in which the program shall proceed,
taking into account--
``(i) the requirements of this section;
``(ii) the requirements of the framework
regulations;
``(iii) the characteristics of the fishery and
affected fishing communities;
``(iv) the requirements of the applicable
fishery management plan and any amendment that
such plan may require to support the proposed
program;
``(v) the general needs and desires of
harvesters in the fishery;
``(vi) the need to minimize program costs; and
``(vii) other matters, including the manner in
which such proponents propose to fund the program
to ensure its cost effectiveness, as well as any
relevant factors demonstrating the potential for,
or necessary to obtain, the support and general
cooperation of a substantial number of affected
harvesters in the fishery (or portion of the
fishery) for which the program is intended; and
``(B) proposes procedures for program participation
(such as submission of owner bids under an auction
system or fair market-value assessment), including any
terms and conditions for participation, that the
harvester proponents deem to be reasonably necessary to
meet the program's proposed objectives.
``(4) Participation contracts.--The Secretary shall contract
with each person participating in a program, and each such
contract shall, in addition to including such other matters as
the Secretary deems necessary and appropriate to effectively
implement each program (including penalties for contract non-
performance) be consistent with the framework and implementing
regulations and all other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a reduction auction that scores
the reduction price of each bid offer by the data relevant to
each bidder under an appropriate fisheries productivity factor.
If the Secretary accepts bids, the Secretary shall accept
responsive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest percentage of
the productivity factor, and successively accepting each
additional responsive bid in rank order until either there are
no more responsive bids or acceptance of the next bid would
cause the total value of bids accepted to exceed the amount of
funds available for the program.
[[Page 121 STAT. 3601]]
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms and
conditions for participation consistent with the framework and
implementing regulations. Each bid that the Secretary receives
in response to the invitation to bid shall constitute an
irrevocable offer from the bidder.''.
(b) <<NOTE: 15 USC 1861a note.>> Technical Amendment.--Sections 116,
203, 204, 205, and 206 of the Sustainable Fisheries Act are deemed to
have added sections 312, 402, 403, 404, and 405, respectively to the Act
as of the date of enactment of the Sustainable Fisheries Act.
SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY
PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 315. <<NOTE: 16 USC 1864.>> REGIONAL COASTAL DISASTER ASSISTANCE,
TRANSITION, AND RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional fishery
disaster the Secretary may, upon the request of, and in consultation
with, the Governors of affected States, establish a regional economic
transition program to provide immediate disaster relief assistance to
the fishermen, charter fishing operators, United States fish processors,
and owners of related fishery infrastructure affected by the disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other
economic assistance to affected entities, or to governmental
entities for disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities,
cold storage facilities, ice houses, docks, including
temporary docks and storage facilities, and other
related shoreside fishery support facilities and
infrastructure while ensuring that those projects will
not result in an increase or replacement of fishing
capacity;
``(B) financial assistance and job training
assistance for fishermen who wish to remain in a fishery
in the region that may be temporarily closed as a result
of environmental or other effects associated with the
disaster;
``(C) funding, pursuant to the requirements of
section 312(b), to fishermen who are willing to scrap a
fishing vessel and permanently surrender permits for
fisheries named on that vessel; and
``(D) any other activities authorized under section
312 of this Act or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job
training assistance.
``(3) State participation obligation.--The participation by
a State in the program shall be conditioned upon a commitment by
the appropriate State entity to ensure that the relevant State
fishery meets the requirements of section 312(b) of this Act to
ensure excess capacity does not re-enter the fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section
[[Page 121 STAT. 3602]]
308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107), and any other provision of law under which the Federal
share of the cost of any activity is limited to less than 100
percent if the Secretary determines that--
``(A) no reasonable means are available through
which applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition of
the matching requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3))
shall not apply to assistance under this section.
``(c) <<NOTE: Deadline.>> Regional Impact Evaluation.--Within 2
months after a catastrophic regional fishery disaster the Secretary
shall provide the Governor of each State participating in the program a
comprehensive economic and socio-economic evaluation of the affected
region's fisheries to assist the Governor in assessing the current and
future economic viability of affected fisheries, including the economic
impact of foreign fish imports and the direct, indirect, or
environmental impact of the disaster on the fishery and coastal
communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In this
section the term `catastrophic regional fishery disaster' means a
natural disaster, including a hurricane or tsunami, or a regulatory
closure (including regulatory closures resulting from judicial action)
to protect human health or the marine environment, that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this Act or a fishery
resource disaster or section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
(b) <<NOTE: 16 USC 460ss note.>> Salmon Plan and Study.--
(1) Recovery <<NOTE: Deadline.>> plan.--Not later than 6
months after the date of enactment of this Act, the Secretary of
Commerce shall complete a recovery plan for Klamath River Coho
salmon and make it available to the public.
(2) Annual report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary of
Commerce shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on--
(A) the actions taken under the recovery plan and
other law relating to recovery of Klamath River Coho
salmon, and how those actions are specifically
contributing to its recovery;
(B) the progress made on the restoration of salmon
spawning habitat, including water conditions as they
relate to salmon health and recovery, with emphasis on
the Klamath River and its tributaries below Iron Gate
Dam;
(C) the status of other Klamath River anadromous
fish populations, particularly Chinook salmon; and
[[Page 121 STAT. 3603]]
(D) the actions taken by the Secretary to address
the calendar year 2003 National Research Council
recommendations regarding monitoring and research on
Klamath River Basin salmon stocks.
(c) Oregon and California Salmon Fishery.--Federally recognized
Indian tribes and small businesses, including fishermen, fish
processors, and related businesses serving the fishing industry,
adversely affected by Federal closures and fishing restrictions in the
Oregon and California 2006 fall Chinook salmon fishery are eligible to
receive direct assistance under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and section
308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)). The Secretary may use no more than 4 percent of any monetary
assistance to pay for administrative costs.
SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) Loan Assistance.--Subject to availability of appropriations, the
Secretary of Commerce shall provide assistance to eligible holders of
fishery finance program loans and allocate such assistance among
eligible holders based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and
re-amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for up
to 1 year beyond the remaining term of the loan, or September
30, 2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal
years 2007 through 2013, not to exceed amounts authorized under
subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--Upon application made by an eligible holder
of a fishery finance program loan, made at such time, in such manner,
and containing such information as the Secretary may require, the
Secretary, on a calendar year basis beginning in 2005, may, with respect
to uninsured losses--
(1) offset against the outstanding balance on the loan an
amount equal to the sum of the amounts expended by the holder
during the calendar year to repair or replace covered vessels or
facilities, or to invest in new fisheries infrastructure within
or for use within the declared fisheries disaster area; or
(2) cancel the amount of debt equal to 100 hundred percent
of actual expenditures on eligible repairs, reinvestment,
expansion, or new investment in fisheries infrastructure in the
disaster region, or repairs to, or replacement of, eligible
fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the major
disaster area designated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) as a result of Hurricane Katrina or Hurricane
Rita.
(2) Eligible holder.--The term ``eligible holder'' means the
holder of a fishery finance program loan if--
[[Page 121 STAT. 3604]]
(A) that loan is used to guarantee or finance any
fishing vessel or fish processing facility home-ported
or located within the declared fisheries disaster area;
and
(B) the holder makes expenditures to repair or
replace such covered vessels or facilities, or invests
in new fisheries infrastructure within or for use within
the declared fisheries disaster area, to restore such
facilities following the disaster.
(3) Fishery finance program loan.--The term ``fishery
finance program loan'' means a loan made or guaranteed under the
fishery finance program under chapter 537 of title 46, United
States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the purposes of this
section not more than $15,000,000 for each eligible holder for the
period beginning with fiscal year 2007 through fiscal year 2013.
SEC. 115. <<NOTE: 16 USC 1864 note.>> FISHERIES HURRICANE ASSISTANCE
PROGRAM.
(a) In General.--The Secretary of Commerce shall establish an
assistance program for the Gulf of Mexico commercial and recreational
fishing industry.
(b) <<NOTE: State listing.>> Allocation of Funds.--Under the
program, the Secretary shall allocate funds appropriated to carry out
the program among the States of Alabama, Louisiana, Florida,
Mississippi, and Texas in proportion to the percentage of the fishery
(including crawfish) catch landed by each State before August 29, 2005,
except that the amount allocated to Florida shall be based exclusively
on the proportion of such catch landed by the Florida Gulf Coast
fishery.
(c) Use of Funds.--Of the amounts made available to each State under
the program--
(1) 2 percent shall be retained by the State to be used for
the distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and
bycatch reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to
food, energy needs, housing assistance, transportation
fuel, and other urgent needs;
(B) assistance for small businesses, including
fishermen, fish processors, and related businesses
serving the fishing industry;
(C) domestic product marketing and seafood
promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for
the fishery;
(F) funding or other incentives to ensure widespread
and proper use of turtle excluder devices and bycatch
reduction devices in the fishery; and
(G) voluntary capacity reduction programs for shrimp
fisheries under limited access programs.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $17,500,000 for each of fiscal
years 2007 through 2012 to carry out this section.
[[Page 121 STAT. 3605]]
SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.), as amended by
section 113 of this Act, is further amended by adding at the end the
following:
``SEC. 316. <<NOTE: 16 USC 1865.>> BYCATCH REDUCTION ENGINEERING
PROGRAM.
``(a) Bycatch Reduction Engineering <<NOTE: Deadline.>> Program.--
Not later than 1 year after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006,
the Secretary, in cooperation with the Councils and other affected
interests, and based upon the best scientific information available,
shall establish a bycatch reduction program, including grants, to
develop technological devices and other conservation engineering changes
designed to minimize bycatch, seabird interactions, bycatch mortality,
and post-release mortality in Federally managed fisheries. The program
shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for adoption
of methods developed under the program in fishery management
plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by a Council
or by the Secretary may establish a system of incentives to reduce total
bycatch and seabird interactions, amounts, bycatch rates, and post-
release mortality in fisheries under the Council's or Secretary's
jurisdiction, including--
``(1) measures to incorporate bycatch into quotas, including
the establishment of collective or individual bycatch quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird interactions, rates; and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird
interactions, bycatch mortality, post-release mortality, or
regulatory discards in the fishery.
``(c) Coordination on Seabird Interactions.--The Secretary, in
coordination with the Secretary of Interior, is authorized to undertake
projects in cooperation with industry to improve information and
technology to reduce seabird bycatch, including--
``(1) outreach to industry on new technologies and methods;
``(2) projects to mitigate for seabird mortality; and
``(3) actions at appropriate international fishery
organizations to reduce seabird interactions in fisheries.
``(d) Report.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources that--
``(1) describes funding provided to implement this section;
``(2) describes developments in gear technology achieved
under this section; and
[[Page 121 STAT. 3606]]
``(3) describes improvements and reduction in bycatch and
seabird interactions associated with implementing this section,
as well as proposals to address remaining bycatch or seabird
interaction problems.''.
(b) CDQ Bycatch Limitations.--
(1) In general.--Section 305(i) (16 U.S.C. 1855(i)) is
amended--
(A) <<NOTE: Effective date.>> by striking ``directed
fishing allocation'' and all that follows in paragraph
(1)(B)(ii)(I), and inserting ``total allocation
(directed and nontarget combined) of 10.7 percent
effective January 1, 2008; and'';
(B) by striking ``directed fishing allocation of 10
percent.'' in paragraph (1)(B)(ii)(II) and inserting
``total allocation (directed and nontarget combined) of
10.7 percent.'';
(C) by inserting after paragraph (1)(B)(ii) the
following:
``The <<NOTE: Applicability.>> total allocation
(directed and nontarget combined) for a fishery to
which subclause (I) or (II) applies may not be
exceeded.''; and
(D) by inserting ``Voluntary transfers by and among
eligible entities shall be allowed, whether before or
after harvesting. Notwithstanding the first sentence of
this subparagraph, seven-tenths of one percent of the
total allowable catch, guideline harvest level, or other
annual catch limit, within the amount allocated to the
program by subclause (I) or subclause (II) of
subparagraph (B)(ii), shall be allocated among the
eligible entities by the panel established in
subparagraph (G), or allocated by the Secretary based on
the nontarget needs of eligible entities in the absence
of a panel decision.'' after ``2006.'' in paragraph
(1)(C).
(2) <<NOTE: 16 USC 1855 note.>> Effective date.--The
allocation percentage in subclause (I) of section
305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by
paragraph (1) of this subsection, shall be in effect in 2007
with respect to any sector of a fishery to which such subclause
applies and in which a fishing cooperative is established in
2007, and such sector's 2007 allocation shall be reduced by a
pro rata amount to accomplish such increased allocation to the
program. For purposes of section 305(i)(1) of that Act and of
this subsection, the term ``fishing cooperative'' means a
fishing cooperative whether or not authorized by a fishery
management council or Federal agency, if a majority of the
participants in the sector are participants in the fishing
cooperative.
SEC. 117. COMMUNITY-BASED <<NOTE: 16 USC 1891a.>> RESTORATION PROGRAM
FOR FISHERY AND COASTAL HABITATS.
(a) In General.--The Secretary of Commerce shall establish a
community-based fishery and coastal habitat restoration program to
implement and support the restoration of fishery and coastal habitats.
(b) Authorized Activities.--In carrying out the program, the
Secretary may--
(1) provide funding and technical expertise to fishery and
coastal communities to assist them in restoring fishery and
coastal habitat;
[[Page 121 STAT. 3607]]
(2) advance the science and monitoring of coastal habitat
restoration;
(3) transfer restoration technologies to the private sector,
the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound
coastal restoration projects;
(5) promote significant community support and volunteer
participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats; and
(7) leverage resources through national, regional, and local
public-private partnerships.
SEC. 118. PROHIBITED ACTS.
Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(O);
(2) by striking ``carcass.'' in subparagraph (P) and
inserting ``carcass;''; and
(3) by inserting after subparagraph (P) and before the last
sentence the following:
``(Q) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce
any fish taken, possessed, transported, or sold in
violation of any foreign law or regulation; or
``(R) to use any fishing vessel to engage in fishing
in Federal or State waters, or on the high seas or in
the waters of another country, after the Secretary has
made a payment to the owner of that fishing vessel under
section 312(b)(2).''.
SEC. 119. SHARK FEEDING.
Title III (16 U.S.C. 1851 et seq.), as amended by section 116 of
this Act, is further amended by adding at the end the following:
``SEC. 317. SHARK <<NOTE: Hawaii. Territories. 16 USC 1866.>> FEEDING.
``Except to the extent determined by the Secretary, or under State
law, as presenting no public health hazard or safety risk, or when
conducted as part of a research program funded in whole or in part by
appropriated funds, it is unlawful to introduce, or attempt to
introduce, food or any other substance into the water to attract sharks
for any purpose other than to harvest sharks within the Exclusive
Economic Zone seaward of the State of Hawaii and of the Commonwealths,
territories, and possessions of the United States in the Pacific Ocean
Area.''.
SEC. 120. CLARIFICATION OF FLEXIBILITY.
(a) <<NOTE: Extension.>> In General.--The Secretary of Commerce has
the discretion under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1851 et seq.) to extend the time for
rebuilding the summer flounder fishery to not later than January 1,
2013, only if--
(1) the Secretary has determined that--
(A) overfishing is not occurring in the fishery and
that a mechanism is in place to ensure overfishing does
not occur in the fishery; and
(B) stock biomass levels are increasing;
[[Page 121 STAT. 3608]]
(2) the biomass rebuilding target previously applicable to
such stock will be met or exceeded within the new time for
rebuilding;
(3) the extension period is based on the status and biology
of the stock and the rate of rebuilding;
(4) monitoring will ensure rebuilding continues;
(5) the extension meets the requirements of section
301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and
(6) the best scientific information available shows that the
extension will allow continued rebuilding.
(b) Authority.--Nothing in this section shall be construed to amend
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851 et seq.) or to limit or otherwise alter the authority of the
Secretary under that Act concerning other species.
SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY REDUCTION.
Section 209 of the Department of Commerce and Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2884) is
amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 209.'';
(2) by striking ``is authorized to'' in the first sentence
and inserting ``shall'';
(3) by striking ``$50,000,000'' and all that follows in the
first sentence and inserting ``up to $25,000,000 pursuant to
section 57735 of title 46, United States Code.'';
(4) by striking the third sentence and inserting: ``The loan
shall have a term of 40 years.''; and
(5) by adding at the end the following:
``(b) Southeast Alaska Fisheries Program.--
``(1) Conduct of program by rsa.--The program described in
subsection (a) shall be conducted under Alaska law by the
Southeast Revitalization Association.
``(2) Treatment under chapter 577 of title 46.--For purposes
of section 57735 of title 46, United States Code, the program
shall be considered to be a program established under section
312 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a).
``(3) Application of magnuson-stevens act.--Notwithstanding
paragraph (2), the program shall not be subject to section 312
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861a), except for subsections (b)(1)(C) and (d) of
that section.
``(c) Southeast Alaska Fisheries Program Approval and Referendum.--
``(1) In general.--The Secretary of Commerce may approve a
capacity reduction plan submitted by the Southeast
Revitalization Association under subsection (b).
``(2) Referendum.--The Secretary shall conduct an industry
fee system referendum for the buyback under the program in
accordance with section 312(d)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a),
except that--
``(A) no Council request and no consultation shall
be required; and
[[Page 121 STAT. 3609]]
``(B) the fee shall not exceed 3 percent of the
annual ex-vessel value of all salmon harvested in the
southeast Alaska purse seine fishery.
``(d) <<NOTE: Certification.>> Disbursal of Loan Proceeds.--If the
industry fee system is approved as provided in section 312(d)(1)(B) of
that Act (16 U.S.C. 1861a(d)(1)(B)), the Secretary shall disburse the
loan in the form of reduction payments to participants in such amounts
as the Southeast Revitalization Association certifies to have been
accepted under Alaska law for reduction payments. <<NOTE: Fees.>> The
Secretary shall thereafter administer the fee system in accordance with
section 312(d)(2) of that Act (16 U.S.C. 1861a(d)(2)), and any person
paying or collecting the fee shall make such payments or collection such
fees in accordance with the requirements of that Act (16 U.S.C. 1801 et
seq.)''.
SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES.
(a) In General.--
(1) Amendment of <<NOTE: Deadline. Alaska.>> plan.--Not
later than 90 days after the date of enactment of this Act, the
Secretary of Commerce shall amend the fishery management plan
for the Bering Sea/Aleutian Islands King and Tanner Crabs for
the Northern Region (as that term is used in the plan) to
authorize--
(A) an eligible entity holding processor quota
shares to elect on an annual basis to work together with
other entities holding processor quota shares and
affiliated with such eligible entity through common
ownership to combine any catcher vessel quota shares for
the Northern Region with their processor quota shares
and to exchange them for newly created catcher/processor
owner quota shares for the Northern Region; and
(B) an eligible entity holding catcher vessel quota |
