109th CONGRESS
2d Session
H. R. 5018
To reauthorize the Magnuson-Stevens Fishery Conservation and Management
Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. POMBO (for himself, Mr. FRANK of Massachusetts, and Mr. YOUNG of Alaska)
introduced the following bill; which was referred to the Committee on Resources
A BILL
To reauthorize the Magnuson-Stevens Fishery Conservation and Management
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE: AMENDMENT REFERENCES.
(a) Short Title- The Act may be cited as the `American Fisheries Management
and Marine Life Enhancement Act'.
(b) Amendment of Magnuson-Stevens Fishery Conservation and Management Act-
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed as an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq).
SEC. 2. TECHNICAL CORRECTIONS TO DEFINITIONS.
(a) Execution of Prior Amendments-
(1) CONTINENTAL SHELF FISHERY RESOURCES- Section 102(2) of the Sustainable
Fisheries Act (Public Law 104-297; 110 Stat. 3561) is amended--
(A) by striking `COELENTERATA' and inserting `coelenterata';
(B) by striking `CNIDARIA' and inserting `cnidaria'; and
(C) by striking `CRUSTACEA' and inserting `crustacea'.
(2) UNITED STATES HARVESTED FISH- Section 102(11) of the Sustainable Fisheries
Act (Public Law 104-297; 110 Stat. 3563) is amended by striking `(42)'
and inserting `(43)'.
(3) EFFECTIVE DATE- This subsection shall take effect on the effective
date of section 102 of Public Law 104-297.
(b) Corrections Relating to Special Areas- Section 3 (16 U.S.C. 1802) is
amended--
(1) by striking paragraphs (35) and (36);
(2) by redesignating paragraphs (37) through the last paragraph (relating
to the definition of `waters of a foreign nation') in order as paragraphs
(35) through (44);
(3) by inserting `(a) General Defini-
tions- ' before `As used in this Act'; and
(4) by adding at the end the following:
`(b) Terms Relating to Agreement With the Former Soviet Union- As used in
this Act the term `special areas' means the areas referred to as eastern
special areas in Article 3(1) of the Agreement between the United States
of America and the Union of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990. In particular, the term refers to those areas east
of the maritime boundary, as defined in that Agreement, that lie within
200 nautical miles of the baselines from which the breadth of the territorial
sea of Russia is measured but beyond 200 nautical miles of the baselines
from which the breadth of the territorial sea of the United States is measured.'.
SEC. 3. SCIENCE-BASED IMPROVEMENTS TO MANAGEMENT.
(1) MECHANISM- Section 303(a) (16 U.S.C. 1853(a)) is amended by striking
`and' after the semicolon at the end of paragraph (13), by striking the
period at the end of paragraph (14) and inserting a semicolon, and by
adding at the end the following:
`(15) provide a mechanism for specifying the total allowable catch or
another annual catch limit under the plan (including for a multiyear plan)
for each fishery for which an annual catch limit can be established, that--
`(A) is based on the best scientific information available; and
`(B) in the case of a plan issued by a Council, does not exceed the
acceptable biological catch level recommended by the scientific and
statistical committee of the Council;'.
(2) REQUIREMENT TO ADOPT- Section 302(h) (16 U.S.C. 1852(h)) is amended
by striking `and' after the semicolon at the end of paragraph (5), by
striking the period at the end of paragraph (6) and inserting a semicolon,
and by adding at the end the following:
`(7) adopt a total allowable catch limit or other annual harvest effort
control limit for each of the fisheries for which such a limit can be
established, after considering the recommendation of the scientific and
statistical committee of the Council having jurisdiction over the fishery,
which shall not exceed the recommendation for the acceptable biological
catch as recommended by such scientific and statistical committee; and'.
(3) CONFORMING AMENDMENT- Section 304(b)(11) (16 U.S.C. 1853(b)(11)) is
amended by striking `allowable biological catch' and inserting `acceptable
biological catch'.
(b) Best Scientific Information Available- Section 303 (16 U.S.C. 1853)
is amended by adding at the end the following:
`(d) Best Scientific Information Available- The Secretary shall develop
guidelines for the Councils to use in determining what is the best scientific
information available. The Secretary shall base these guidelines on the
recommendations for guidelines developed by the Ocean Studies Board of the
National Research Council in its report titled `Improving the Use of the
Best Scientific Information Available, Standard in Fisheries Management'.'.
(c) Scientific and Statistical Committees- Amend section 302(g)(1) (16 U.S.C.
1852(g)(1)) is amended by inserting `(A)' before `Each Council', and by
adding at the end the following:
`(B) Each scientific and statistical committee shall provide its Council
ongoing scientific advice for fishery management decisions, including
recommendations for acceptable biological catch for each fishery under
the jurisdiction of the Council, and reports on stock status and health,
bycatch, habitat status, socio-economic impacts of management measures,
and sustainability of fishing practices.
`(C) Members appointed to the scientific and statistical committees
shall be Federal employees, State employees, academicians, or independent
experts with strong scientific or technical credentials and experience.
`(D) In addition to payments authorized by subsection (f)(7), the Secretary
may pay a stipend to members of the scientific and statistical committees
who are not employed by the Federal Government or a State government
agency.
`(E) A science and statistical committee shall hold its meetings in
conjunction with with the meetings of the Council, to the extent practicable.'.
(d) Scientific Research Priorities- Section 302(h) (16 U.S.C. 1852(h)) is
further amended amended by adding at the end the following:
`(8) develop, in conjunction with the scientific and statistical committee,
multi-year research priorities for fisheries, fisheries interactions,
habitats, and other areas of research that are necessary for management
purposes, that shall--
`(A) establish priorities for 5-year periods;
`(B) be updated as necessary; and
`(C) be submitted to the Secretary and the regional science centers
of the National Marine Fisheries Service for their consideration in
developing research priorities and budgets for the region of the Council.'.
(e) Cooperative Research Authority-
(1) DISCRETIONARY PROVISIONS IN FISHERY MANAGEMENT PLANS- Section 303(b)
(16 U.S.C. 1853(b)) is amended by striking `and' after the semicolon at
the end of paragraph (11), by striking the period at the end of paragraph
(12) and inserting a semicolon, and by adding at the end the following:
`(13) include provisions to create a cooperative research component including
the use of commercial fishing, charter fishing, or recreational fishing
vessels for the gathering of data on stock abundance, composition, distribution,
or other relevant information important for the implementation of the
plan;'.
(2) COOPERATIVE RESEARCH BY SECRETARY- Section 404 (16 U.S.C. 1881c) is
amended by adding at the end the following:
`(e) Cooperative Research by Secretary- The research program under subsection
(a) may include cooperative research using commercial fishing, charter fishing,
or recreational fishing vessels for the gathering of data on stock abundance,
composition, distribution, or other relevant information.'.
(3) PRESERVING FISHING PRIVILEGES- Section 404 (16 U.S.C. 1881c) is further
amended by adding at the end the following:
`(f) Preserving Fishing Privileges- The Secretary shall ensure that--
`(1) fishing vessels participating in research activities conducted pursuant
to section 303(b)(13) or title IV do not lose allocated fishing privileges
(such as days at sea) based on the research activities, unless loss of
such privileges is a part of the research plan under which the vessel
participates; and
`(2) catch history of a vessel during such research activities at any
time when the vessel is sacrificing fishing time in an open season shall
accrue to the vessel, unless loss of such accrual is part of such research
plan.'.
(f) Regional Stock Assessments-
(1) IN GENERAL- Title IV (16 U.S.C. 1881 et seq.) is amended by adding
at the end the following:
`SEC. 408. REGIONAL STOCK ASSESSMENTS.
`(a) In General- The Secretary shall conduct periodic regional assessments
of stocks of fish.
`(b) Independent Review- The Secretary shall ensure that each periodic assessment
under this section is independently reviewed in a manner that--
`(1) will not delay the process of providing to Regional Fishery Management
Councils current assessments for use in managing fisheries; and
`(2) is as transparent as possible, so that the regulated community can
provide input during the review process.'.
(2) CLERICAL AMENDMENT- The table of contents in the first section is
further amended by adding at the end of the items relating to title IV
the following:
`Sec. 408. Regional stock assessments.'.
(3) REGIONAL STOCK ASSESSMENTS AND PEER REVIEW- Section 302(g) (16 U.S.C.
1852(g)) is amended by adding at the end the following:
`(6) PEER REVIEW PROCESS-
`(A) The Secretary and each Council shall establish a peer review process
for scientific information used to advise the Secretary or the Council,
respectively, about the conservation and management of fisheries.
`(B) The Secretary and each Council shall ensure that the peer review
process established under this paragraph--
`(i) to the extent practicable, will not delay the process of providing
to the Council or the Secretary, respectively, current information
for use in managing fisheries; and
`(ii) is as transparent as possible, so that the regulated community
can provide input during the review process.'.
SEC. 4. DATA COLLECTION.
(a) Authority to Require VMS- Section 305 (16 U.S.C. 1855) is amended by
adding at the end the following:
`(j) Authority to Require VMS- The Secretary may require, if requested to
do so by a Council, a Vessel Monitoring System or other similar electronic
monitoring technology for a fishery or specific sectors of a fishery under
the jurisdiction of the Council. To the extent that the technology is required
for enforcement or data collection purposes for a dedicated access privilege
management system, the cost of such a system shall be included in the costs
that are considered in determining the amount of any fee required under
this Act to be paid to participate in the fishery. Any information collected
under this subsection shall be treated as confidential and exempt from disclosure
under section 402(b).'.
(b) Sharing of Recreational Catch Data- Section 402 (16 U.S.C. 1881a) is
amended by adding at the end the following:
`(f) Recreational Catch Data-
`(1) The Secretary shall--
`(A) seek to obtain from States information gathered under State recreational
fishing license programs;
`(B) work with those States that do not require a recreational saltwater
fishing license to determine whether other recreational data sources
can provide adequate information about recreational fishing; and
`(C) develop and implement a program for the use of recreational catch
data for all federally managed fisheries.
`(2) The Secretary shall conduct the program under paragraph (1)(C) in
consultation with the principal State officials having marine fishery
management responsibility and expertise.
`(3) The Secretary may provide financial assistance to States for which
no recreational saltwater license is in place to develop such a license.
There is authorized to be appropriated to the Secretary to provide such
assistance $5,000,000, which shall remain available until expended.
`(4) The Secretary shall report to the Congress within three years after
the effective date of this subsection, on--
`(A) the progress made in developing a program under paragraph (1)(C);
and
`(B) whether the program has resulted in significantly better data for
management of recreational fishing.'.
(c) Confidentiality of Information-
(1) IN GENERAL- Section 402(b) (16 U.S.C. 1881a(b)) is amended--
(A) by redesignating paragraph (2) as paragraph (4) and resetting it
2 ems from the left margin;
(B) by striking all preceding paragraph (4), as so redesignated, and
inserting the following:
`(b) Confidentiality of Information-
`(1) Any information submitted to the Secretary, a State fishery management
agency, or a Marine Fisheries Commission by any person in compliance with
the requirements of this Act, including confidential information, shall
be exempt from disclosure under section 552(b)(3) of title 5, United States
Code, except--
`(A) to Federal employees and Council employees who are responsible
for fishery management plan development, monitoring, or enforcement;
`(B) to State or Marine Fisheries Commission employees as necessary
for achievement of the purposes of this Act, subject to a confidentiality
agreement between the State or commission, as appropriate, and the Secretary
that prohibits public disclosure of confidential information relating
to any person;
`(C) to any State employee who is responsible for fishery management
plan enforcement, if the State employing that employee has entered into
a fishery enforcement agreement with the Secretary and the agreement
is in effect;
`(D) if such information is used by State, Council, or Marine Fisheries
Commission employees to verify catch under a limited access program,
but only to the extent that such use is consistent with subparagraph
(B);
`(E) if the Secretary has obtained written authorization from the person
submitting such information to release such information to persons for
reasons not otherwise provided for in this subsection, and such release
does not violate any other requirement of this Act; or
`(F) if such information is required to be submitted to the Secretary
for any determination under a limited access program.
`(2) Any observer information, Vessel Monitoring System, or other technology
used on-board for enforcement or data collection purposes, shall be confidential
and shall not be disclosed, except--
`(A) in accordance with the requirements of subparagraphs (A) through
(F) of paragraph (1);
`(B) as authorized by a fishery management plan or regulations under
the authority of the North Pacific Council to allow disclosure to the
public of weekly summary bycatch information identified by vessel or
for haul-specific bycatch information without vessel identification;
`(C) when such information is necessary in proceedings to adjudicate
observer certifications; or
`(D) as authorized by any regulations issued under paragraph (4) allowing
the collection of observer information, pursuant to a confidentiality
agreement between the observers, observer employers, and the Secretary
prohibiting disclosure of the information by the observers or observer
employers, in order--
`(i) to allow the sharing of observer information among observers
and between observers and observer employers as necessary to train
and prepare observers for deployments on specific vessels; or
`(ii) to validate the accuracy of the observer information collected.
`(3) The Secretary may enter into a memorandum of understanding with the
heads of other Federal agencies for the sharing of confidential information
for purposes of this Act, such as Vessel Monitoring System or other electronic
monitoring systems, if the Secretary determines there is a compelling
need to do so and if the heads of the other Federal agencies agree to
maintain the confidentiality of the information in accordance with the
requirements that apply to the Secretary under this section.'; and
(C) in paragraph (3), as so redesignated, by striking `(1)(E).' and
inserting `(2)(B).'.
(2) CONFORMING AMENDMENT- Section 404(c)(4) (16 U.S.C. 1881c(c)(4)) is
amended by striking `under section 401'.
(3) DEFINITIONS- Section 3 (16 U.S.C. 1802) is further amended in subsection
(a)--
(A) by inserting after paragraph (4) the following:
`(4A) The term `confidential information' means--
`(B) commercial or financial information the disclosure of which is
likely to result in substantial harm to the competitive position of
the person who submitted the information to the Secretary.'; and
(B) by inserting after paragraph (27) the following:
`(27A) The term `observer information' means any information collected,
observed, retrieved, or created by an observer or electronic monitoring
system pursuant to authorization by the Secretary, or collected as part
of a cooperative research initiative, including fish harvest or fish processing
observations, fish sampling or weighing data, vessel logbook data, vessel-
or fish processor-specific information (including any safety, location,
or operating condition observations), and video, audio, photographic,
or written documents.'.
(d) Socioeconomic Data Collection Activities- Section 402 (16 U.S.C. 1881a)
is further amended by adding at the end the following:
`(g) Socioeconomic Data Collection-
`(1) The Secretary may provide funds to Councils to carry out collection
of socioeconomic data, including information on fishermen and fishing
communities, necessary to carry out the functions of the Councils.
`(2) To carry out this subsection there is authorized to be appropriated
to the Secretary, in addition to other amounts authorized, $2,000,000
for each fiscal year.'.
(e) Need for More Frequent Stock Surveys- The Secretary of Commerce--
(1) shall determine the need for more frequent surveys of stocks of fish,
and whether State agencies or cooperative research activities can fill
the data gaps identified; and
(2) submit a report to the Congress on the current activities and the
needs for such surveys, by not later than 2 years after the date of the
enactment of this Act.
SEC. 5. COUNCIL OPERATIONS AND AUTHORITIES.
(a) Council Appointments- Section 302(b)(2)(C) (16 U.S.C. 1852(b)(2)(C))
is amended by inserting after the first sentence the following: `A Governor
may submit the names of individuals from academia, or other public interest
areas including conservation organizations and the seafood consuming public,
if the Governor has determined that each such individual is qualified under
the requirements of subparagraph (A).'.
(b) Training- Section 302 (16 U.S.C. 1852) is amended by adding at the end
the following:
`(k) Council Training Program-
`(1) TRAINING COURSE- Within 6 months after the date of the enactment
of the American Fisheries Management and Marine Life Enhancement Act,
the Secretary, in consultation with the Councils and the National Sea
Grant College Program, shall develop a training course for newly appointed
Council members. The course may cover a variety of topics relevant to
matters before the Councils, including--
`(A) fishery science and basic stock assessment methods;
`(B) fishery management techniques, data needs, and Council procedures;
`(C) social science and fishery economics;
`(D) tribal treaty rights and native customs, access, and other rights
related to Western Pacific indigenous communities;
`(E) legal requirements of this Act, including conflict of interest
and disclosure provisions of this section and related policies;
`(F) other relevant legal and regulatory requirements, including the
National Environmental Policy Act (42 U.S.C. 4321 et seq.);
`(G) public process for development of fishery management plans;
`(H) recreational and commercial fishing information including fish
harvesting techniques, gear types, fishing vessel types, and economics,
for the fisheries within each Council's jurisdiction; and
`(I) other topics suggested by the Council.
`(2) MEMBER TRAINING- The training course--
`(A) shall be available to both new and existing Council members, staff
from the regional offices and regional science centers of the National
Marine Fisheries Service; and
`(B) may be made available to committee or advisory panel members as
resources allow.
`(3) REQUIRED TRAINING- Council members appointed after the date of the
enactment of the American Fisheries Management and Marine Life Enhancement
Act must complete the training course developed under this subsection.'.
(c) Authority to Develop Ecosystem-Based Fishery Management Plans- Section
303(b) (16 U.S.C. 1853(b)) is further amended by adding at the end the following:
`(14) contain research, conservation, and management measures that encompass
more than one fishery and are for the purpose of managing the fishery
resources concerned under an ecosystem-based management system;'.
(d) Authority to Require Vessel Monitoring Systems- Section 303 (16 U.S.C.
1853) is further amended by adding at the end the following:
`(15) require a Vessel Monitoring System or other similar electronic monitoring
technology for the purposes of enforcing, monitoring, or collecting data
from a fishery or fishery sector;'.
(e) Observer Funding Clarification- Section 303 (16 U.S.C. 1853) is further
amended by adding at the end the following:
`(e) Observer Provisions-
`(1) COSTS- Costs for observer coverage that is primarily for the enforcement
of a fishery management plan or for data collection necessary for the
monitoring of a fishery--
`(A) shall be paid for by the Secretary; and
`(B) under a limited access program, may be considered as a cost to
be recovered under the authority of section 303A(e)(2).
`(2) LIABILITY FOR SANCTIONS- A fishing vessel that is required to have
an observer onboard pursuant to section 303(b)(8), the owner or operator
of such a fishing vessel, and the United States shall not be liable for
any sanction imposed on the observer for actions of the observer in the
course of performance of duties as an observer.'.
(f) Incentives- Section 303(b) (16 U.S.C. 1853(b)) is further amended by
adding at the end the following:
`(16) establish a system of incentives to reduce total bycatch and seabird
interaction, bycatch rates, and post-release mortality in fisheries under
the Council's or Secretary's jurisdiction, including--
`(A) measures to incorporate bycatch into quotas, including the establishment
of collective or individual bycatch quotas;
`(B) measures to promote the use of gear with verifiable and monitored
low bycatch and seabird interaction rates; and
`(C) measures that, based on the best scientific information available,
will reduce bycatch and seabird interaction, bycatch mortality, post-release
mortality, or regulatory discards in the fishery;'.
(g) Habitat Areas of Particular Concern-
(1) IDENTIFICATION- Section 303(b) (16 U.S.C. 1853(b)) is further amended
by adding at the end the following:
`(17) identify habitat areas of particular concern;'.
(2) DEFINITION- Section 3 (16 U.S.C. 1802) is further amended in subsection
(a) by inserting after paragraph (18) the following:
`(18A) The term `habitat area of particular concern' means a discrete
habitat area that is essential fish habitat and that--
`(A) provides important ecological functions;
`(B) is sensitive to human-induced environmental degradation; or
`(C) is a rare habitat type.'.
(h) Marine Protected Areas Authority-
(1) DISCRETIONARY AUTHORITY- Section 303(b) (16 U.S.C. 1853(b)) is further
amended by adding at the end the following:
`(18) designate closed areas, seasonal closures, time/area closures, gear
restrictions, or other methods for limiting impacts on habitat, limit
bycatch impacts of gear, or limit fishing impact on spawning congregations
in specific geographic areas;'.
(2) REQUIREMENTS- Section 303(a) (16 U.S.C. 1853(a)) is further amended
by adding at the end the following:
`(16) with respect to any closure of an area to all fisheries managed
under this Act, include provisions that ensure that such closure--
`(A) is based on the best scientific information available;
`(B) includes criteria to assess the conservation benefit of the closed
area;
`(C) establishes a timetable for review of the closed area's performance
that is consistent with the purposes of the closed area; and
`(D) is based on an assessment of the benefits and impacts of the closure,
including its size, in relation to other management measures (either
alone or in combination with such measures), including the benefits
and impacts of limiting access to--
`(ii) overall fishing activity;
`(iii) fishery science; and
`(iv) fishery and marine conservation;'.
(i) Framework Authority- Section 304 (16 U.S.C. 1854) is amended by adding
at the end the following:
`(i) Alternative Procedural Mechanisms-
`(1) In a fishery management plan or amendment, the Council or Secretary,
as appropriate, may develop alternative procedural mechanisms to be used
in lieu of plan amendments for implementing conservation and management
measures.
`(2) Such mechanisms may allow for abbreviated processes for the implementation
of regulations or other actions as appropriate.
`(3) Alternative procedural mechanisms shall only be approved or adopted
for use in situations in which--
`(A) the conservation and management measures are within the scope of
conservation and management measures established in an existing fishery
management plan;
`(B) otherwise applicable regulatory processes are not sufficient to
allow timely and efficient implementation of conservation and management
measures in response to new information; and
`(C) notice of the conservation and management measures is provided
appropriate to the significance of the expected impacts on affected
fishery resources and on the participants in the fishery.
`(4) Any final agency action taken pursuant to the alternative procedural
mechanism must be promptly published in the Federal Register.
`(5) If the alternative procedural mechanism is approved by the Secretary
pursuant to section 304(a), or adopted by the Secretary pursuant to section
304(c) or (g) and implemented through regulations, any regulation issued
or other action taken pursuant to the alternative procedural mechanism
need not comply with the rulemaking provisions of section 304(b), (c),
or (g) of this Act, or section 553(b) through (d) of title 5, United States
Code.'.
(j) Council Meeting Notice-
(1) REGULAR AND EMERGENCY MEETINGS- The first sentence of section 302(i)(2)(C)
(16 U.S.C. 1852(i)(2)(C)) is amended--
(A) by striking `published in local newspapers' and inserting `provided
by any means that will result in wide publicity (except that e-mail
notification and Web site postings alone are not sufficient)'; and
(B) by striking `fishery) and such notice may be given by such other
means as will result in wide publicity.' and inserting `fishery).'.
(2) CLOSED MEETINGS- Section 302(i)(3)(B) (16 U.S.C. 1852(i)(3)(B)) is
amended by striking `notify local newspapers' and inserting `provide notice
by any means that will result in wide publicity'.
(k) 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'.
(l) Council Coordination Committee- Section 302 (16 U.S.C. 1852) is further
amended by adding at the end the following:
`(l) Council Coordination Committee- The Councils may establish a Council
coordination committee to discuss issues of relevance to all Councils, including
issues related to the implementation of this Act. The committee shall consist
of the chairs, vice chairs, and executive directors of each of the Councils
described in subsection (a)(1), or other Council members or staff.'.
SEC. 6. ECOSYSTEM-BASED FISHERY MANAGEMENT.
(a) Policy- Section 2(c) (16 U.S.C. 1851(c)) is amended by striking `and'
after the semicolon at the end of paragraph (6), by striking the period
at the end of paragraph (7) and inserting `; and', and by adding at the
end the following:
`(8) to support and encourage efforts to understand the interactions of
species in the marine environment and the development of ecosystem-based
approaches to fisheries conservation and management that will lead to
better stewardship and sustainability of the Nation's coastal fishery
resources and fishing communities.'.
(b) Authorization of Research- Section 404(c) (16 U.S.C. 1881c(c)) is amended
by adding at the end the following:
`(5) The interaction of species in the marine environment, and the development
of ecosystem-based approaches to fishery conservation and management that
will lead to better stewardship and sustainability of coastal fishery
resources.'.
(c) Regulations Defining Terms- The Secretary of Commerce shall, in conjunction
with the Regional Fishery Management Councils and based on the recommendations
of the Ecosystems Principles Advisory Panel in the report entitled `Ecosystem-based
Fishery Management. A report to Congress by the Ecosystem Principles Advisory
Panel' and dated April 1999, and after provision of notice and an opportunity
for public comment, issue regulations that establish definitions of the
terms `ecosystem' and `marine ecosystem' for purposes of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(d) Regional Ecosystem Research- Section 406 (16 U.S.C. 1882) is amended
by adding at the end the following:
`(f) Regional Ecosystem Research-
`(1) STUDY- Within 180 days after the date of enactment of the , the Secretary,
in consultation with the Councils, shall undertake and complete a study
on the state of the science for advancing the concepts and integration
of ecosystem considerations in regional fishery management. The study
should build upon the recommendations of the advisory panel and include--
`(A) recommendations for scientific data, information and technology
requirements for understanding ecosystem processes, and methods for
integrating such information from a variety of Federal, State, and regional
sources;
`(B) recommendations for processes for incorporating broad stake holder
participation;
`(C) recommendations for processes to account for effects of environmental
variation on fish stocks and fisheries; and
`(D) a description of existing and developing Council efforts to implement
ecosystem approaches, including lessons learned by the Councils.
`(2) IDENTIFICATION OF MARINE ECOSYSTEMS; RESEARCH PLAN-
`(A) IN GENERAL- Within one year after the date of the publication of
the study under paragraph (1), the Secretary, in conjunction with the
regional science centers of the National Marine Fisheries Service and
the Councils, shall--
`(i) identify specific marine ecosystems within each region for which
a Council is established by section 302(a); and
`(ii) develop and begin to implement regional research plans to address
the information deficiencies identified by the study.
`(B) RESEARCH PLANS- The research plans shall suggest reasonable timeliness
and cost estimates for the collection of the required information.
`(C) REPORTS- The Secretary shall report to the Congress annually on
the progress of the regional research plans.
`(3) AGENCY TECHNICAL ADVICE AND ASSISTANCE, REGIONAL PILOT PROGRAMS-
The Secretary is authorized to provide necessary technical advice and
assistance, including grants, to the Councils for the development and
design of regional pilot programs that build upon the recommendations
of the advisory panel and, when completed, the study.'.
SEC. 7. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General- Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
`SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
`(a) In General- After the date of enactment of the American Fisheries Management
and Marine Life Enhancement Act, a Council may submit, and the Secretary
may approve, for a fishery that is managed under a limited access system,
a limited access privilege program to harvest fish if the program meets
the requirements of this section.
`(b) No Creation of Right, Title, or Interest- A limited access system,
limited access privilege, quota share, or other authorization established,
implemented, or managed under this Act--
`(1) shall be considered a permit for the purposes of sections 307, 308,
and 309;
`(2) may be revoked, limited, or modified at any time in accordance with
this Act, including revocation for failure to comply with the terms of
the plan or if the system is found to have jeopardized the sustainability
of the stock or the safety of fishermen;
`(3) shall not confer any right of compensation to the holder of such
limited access privilege, quota share, or other such limited access system
authorization if it is revoked, limited, or modified;
`(4) shall not create, or be construed to create, any right, title, or
interest in or to any fish before the fish is harvested by the holder;
and
`(5) shall be considered a grant of permission to the holder of the limited
access privilege or quota share to engage in activities permitted by such
limited access privilege or quota share.
`(c) Requirements for Limited Access Privileges-
`(1) IN GENERAL- In addition to complying with the other requirements
of this Act, any limited access privilege program to harvest fish submitted
by a Council or approved by the Secretary under this section shall--
`(A) if established in a fishery that is overfished or subject to a
rebuilding plan, assist in its rebuilding;
`(B) if established in a fishery that is determined by the Secretary
or the Council to have over-capacity, contribute to reducing capacity;
`(i) the safety of human life at sea; and
`(ii) the conservation and management of the fishery;
`(D) prohibit any person other than a United States citizen, a corporation,
partnership, or other entity established under the laws of the United
States or any State, or a permanent resident alien, that meets the eligibility
and participation requirements established in the program from acquiring
a privilege to harvest fish;
`(E) specify the goals of the program;
`(F) include provisions for the regular monitoring and review by the
Council and the Secretary of the operations of the program, including
determining progress in meeting the goals of the program and this Act,
and any necessary modification of the program to meet those goals, with
a formal and detailed review 5 years after the establishment of the
program and every 5 years thereafter;
`(G) include an effective system for enforcement, monitoring, and management
of the program, including the use of observers;
`(H) include an appeals process for administrative review of determinations
with respect to the Secretary's decisions regarding administration of
the limited access privilege program; and
`(I) provide for the revocation by the Secretary of limited access privileges
held by any person found to have violated the antitrust laws of the
United States.
`(2) FISHING COMMUNITIES-
`(i) ELIGIBILITY- To be eligible to participate in a limited access
privilege program to harvest fish, a fishing community shall--
`(I) be located within the management area of the relevant Council;
`(II) meet criteria developed by the relevant Council, approved
by the Secretary, and published in the Federal Register;
`(III) consist of residents of the management area of the relevant
Council who conduct commercial or recreational fishing, fish processing,
or fishery-dependent support businesses within such area; and
`(IV) develop and submit a community sustainability plan to the
Council and the Secretary that demonstrates how the plan will address
the social and economic development needs of fishing communities,
including those that have not historically had the resources to
participate in the fishery, for approval by the Council based on
criteria developed by the Council that have been approved by the
Secretary and published in the Federal Register.
`(ii) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny or revoke
limited access privileges for a person that were granted to a fishing
community, if the person fails to comply with the requirements of
the community sustainability plan approved by the relevant Council
under clause (i)(IV).
`(B) PARTICIPATION CRITERIA- In developing participation criteria for
eligible communities under this paragraph, a Council shall consider--
`(i) traditional fishing or fish processing practices in, and dependence
on, the fishery;
`(ii) the cultural and social framework relevant to the fishery;
`(iii) economic barriers to access to fishery;
`(iv) the existence and severity of projected economic and social
impacts associated with implementation of limited access privilege
programs on harvesters, fishing vessel captains and crews, fish processors,
and other businesses substantially dependent upon the fishery in the
region or subregion;
`(v) the expected effectiveness, operational transparency, and equitability
of the community sustainability plan; and
`(vi) the potential for improving economic conditions in remote coastal
communities lacking resources to participate in harvesting or fish
processing activities in the fishery.
`(3) REGIONAL FISHERY ASSOCIATIONS-
`(A) IN GENERAL- To be eligible to participate in a limited access privilege
program to harvest fish, a regional fishery association shall--
`(i) be located within the management area of the relevant Council;
`(ii) meet criteria developed by the relevant Council, approved by
the Secretary, and published in the Federal Register;
`(iii) be a voluntary association with established by-laws and operating
procedures consisting of participants in the fishery, including commercial
or recreational fishing, fish processing, fishery-dependent support
businesses, or fishing communities; and
`(iv) develop and submit a regional fishery association plan to the
Council and the Secretary for approval by the Council based on criteria
developed by the Council that have been approved by the Secretary
and published in the Federal Register.
`(B) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny or revoke
limited access privileges for a person that were granted to a fishery
association, if the person fails to comply with the requirements of
the regional fishery association plan approved by the relevant Council
under subparagraph (A)(iv).
`(C) PARTICIPATION CRITERIA- In developing participation criteria for
eligible regional fishery associations under this paragraph, a Council
shall consider--
`(i) traditional fishing or fish processing practices in, and dependence
on, the fishery;
`(ii) the cultural and social framework relevant to the fishery;
`(iii) economic barriers to access to fishery;
`(iv) the existence and severity of projected economic and social
impacts associated with implementation of limited access privilege
programs on harvesters, captains, crew, fish processors, and other
businesses substantially dependent upon the fishery in the region
or subregion, upon the administrative and fiduciary soundness of the
association and its by-laws; and
`(v) the expected effectiveness, operational transparency, and equitability
of the fishery association plan.
`(4) ALLOCATION- In developing a limited access privilege program to harvest
fish a Council or the Secretary shall--
`(A) establish procedures to ensure fair and equitable initial allocations,
including consideration of--
`(i) current and historical harvests;
`(ii) employment in the harvesting and fish processing sectors;
`(iii) investments in, and dependence upon, the fishery; and
`(iv) the current and historical participation of fishing communities;
`(B) to the extent practicable, consider the basic cultural and social
framework of the fishery, especially through the development of policies
to promote the sustained participation of small owner-operated fishing
vessels and fishing communities that depend on the fisheries, including
regional or port-specific landing or delivery requirements;
`(C) include measures to assist, when necessary and appropriate, entry-level
and small vessel operators, captains, crew, and fishing communities
through set-asides of harvesting allocations, including providing privileges
and, where appropriate, recommending the provision of economic assistance
in the purchase of limited access privileges to harvest fish;
`(D) ensure that limited access privilege holders do not acquire an
excessive share of the total limited access privileges in the program
by--
`(i) establishing a maximum share, expressed as a percentage of the
total limited access privileges, that a limited access privilege holder
is permitted to hold, acquired, or use; and
`(ii) establishing any other limitations or measures necessary to
prevent an inequitable concentration of limited access privileges;
`(E) establish procedures to address geographic or other consolidation
in both the harvesting and fish processing sectors of the fishery; and
`(F) authorize limited access privileges to harvest fish to be held,
acquired, or used by or issued under the system to persons who substantially
participate in the fishery, as specified by the Council, including,
as appropriate, fishing vessel owners, vessel captains, vessel crew
members, fishing communities, and regional fishery associations.
`(A) LIMITATION- Except as provided in subparagraph (D), a Council may
initiate a fishery management plan or amendment to establish a limited
access privilege program to harvest fish on its own initiative or if
the Secretary has certified an appropriate petition.
`(B) PETITION- A group of fishermen constituting more than 50 percent
of the permit holders, or holding more than 50 percent of the allocation,
in the fishery for which a limited access privilege program to harvest
fish is sought, may submit a petition to the Secretary requesting that
the relevant Council or Councils with authority over the fishery be
authorized to initiate the development of the program. Any such petition
shall clearly state the fishery to which the limited access privilege
program would apply. For multispecies permits in the Gulf, only those
participants who have substantially fished the species proposed to be
included in the limited access program shall be eligible to sign a petition
for such a program and shall serve as the basis for determining the
percentage described in the first sentence of this subparagraph.
`(C) CERTIFICATION BY SECRETARY- Upon the receipt of any such petition,
the Secretary shall review all of the signatures on the petition and,
if the Secretary determines that the signatures on the petition represent
more than 50 percent of the permit holders, or holders of more than
50 percent of the allocation in the fishery, as described by subparagraph
(B), the Secretary shall certify the petition to the appropriate Council
or Councils.
`(D) NEW ENGLAND REFERENDUM-
`(i) The New England Council may not submit, and the Secretary may
not approve or implement, a fishery management plan or amendment that
creates an individual fishing quota program, including a Secretarial
plan, unless such a system, as ultimately developed, has been approved
by more than 2/3 of those voting in a referendum among eligible permit
holders with respect to the New England Council. If an individual
fishing quota program fails to be approved by the requisite number
of those voting, it may be revised and submitted for approval in a
subsequent referendum.
`(ii) The Secretary shall conduct a referendum under this subparagraph,
including notifying all persons eligible to participate in the referendum
and making available to them information concerning the schedule,
procedures, and eligibility requirements for the referendum process
and the proposed individual fishing quota program. Within 1 year after
the date of enactment of the American Fisheries Management and Marine
Life Enhancement Act, the Secretary shall publish guidelines and procedures
to determine procedures and voting eligibility requirements for referenda
and to conduct such referenda in a fair and equitable manner.
`(E) GULF OF MEXICO- The provisions of section 407(c) of this Act shall
apply in lieu of this paragraph for an individual fishing quota program
for the Gulf of Mexico commercial red snapper fishery.
`(F) OTHER LAW- Chapter 35 of title 44, United States Code, (commonly
known as the Paperwork Reduction Act) does not apply to the referenda
conducted under this subparagraph.
`(6) TRANSFERABILITY- In establishing a limited access privilege program,
a Council shall--
`(A) establish a policy on the transferability of limited access privilege
shares (through sale or lease), including a policy on any conditions
that apply to the transferability of limited access privilege shares
that is consistent with the policies adopted by the Council for the
fishery under paragraph (2); and
`(B) establish criteria for the approval and monitoring of transfers
(including sales and leases) of limited access privilege shares.
`(7) PREPARATION AND IMPLEMENTATION OF SECRETARIAL PLANS- This subsection
also applies to a plan prepared and implemented by the Secretary under
section 304(g).
`(8) LIMITATION ON FEDERAL AGENCIES AND OFFICIALS- A Federal agency or
official may not hold, administer, or reallocate an individual quota issued
under a fishery management plan under this section, other than the Secretary
and the Council having authority over the fishery for which the individual
quota is issued.
`(d) Auction and Other Programs- In establishing a limited access privilege
program, a Council may consider, and provide for, if appropriate, an auction
system or other program to collect royalties for the initial, or any subsequent,
distribution of allocations in a limited access privilege program if--
`(1) the system or program is administered in such a way that the resulting
distribution of limited access privilege shares meets the program requirements
of subsection (c)(2)(A); and
`(2) revenues generated through such a royalty program are deposited in
the Limited Access System Administration Fund established by section 305(h)(5)(B)
and available subject to annual appropriations.
`(e) Cost Recovery- In establishing a limited access privilege program,
a Council shall--
`(1) develop a methodology and the means to identify and assess the management,
data collection and analysis, and enforcement programs that are directly
related to and in support of the program; and
`(2) provide, under section 304(d)(2), for a program of fees paid by limited
access privilege holders that will cover the costs of management, data
collection and analysis, and enforcement activities.
`(f) Limited Duration- In establishing a limited access privilege program
after the date of enactment of the American Fisheries Management and Marine
Life Enhancement Act, a Council may establish--
`(1) a period of time after which any initial or subsequent allocation
of a limited access privilege shall expire, or various periods for such
expiration within a fishery if the Council determines that variation of
the periods will further achievement of management goals; and
`(2) a mechanism under which participants in and entrants to the program
may acquire or reacquire allocations.
`(g) Limited Access Privilege Assisted Purchase Program-
`(1) IN GENERAL- A Council may submit, and the Secretary may approve and
implement, a program that reserves up to 25 percent of any fees collected
from a fishery under section 304(d)(2) to be used to issue obligations
that aid in financing--
`(A) the purchase of limited access privileges in that fishery by fishermen
who fish from small vessels; and
`(B) the first-time purchase of limited access privileges in that fishery
by entry level fishermen.
`(2) ELIGIBILITY CRITERIA- A Council making a submission under paragraph
(1) shall recommend criteria, consistent with the provisions of this Act,
that a fisherman must meet to qualify for guarantees under subparagraphs
(A) and (B) of paragraph (1) and the portion of funds to be allocated
for guarantees under each subparagraph.
`(h) Effect on Certain Existing Shares and Programs- Nothing in this Act,
or the amendments made by the American Fisheries Management and Marine Life
Enhancement Act, shall be construed to require a reallocation of individual
quota shares, fish processor quota shares, cooperative programs, or other
quota programs, including sector allocation, under development or submitted
by a Council or approved by the Secretary or by Congressional action before
the date of enactment of the.'.
(b) Fees- Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as subparagraphs (F) and
(G), respectively;
(2) in subparagraph (F), as so redesignated, by striking `Such fee' and
inserting `A fee under this paragraph'; and
(3) by striking `(2)(A)' and all that follows through the end of subparagraph
(A) and inserting the following:
`(2)(A) Notwithstanding paragraph (1), the Secretary shall collect from
a person that holds or transfers an individual quota issued under a limited
access system established under section 303(b)(6) fees established by
the Secretary in accordance with this section and section 9701(b) of title
31, United States Code.
`(B) The fees required to be established and collected by the Secretary
under this paragraph are the following:
`(i) With respect to any initial allocation under a limited access system
established after the date of the enactment of the American Fisheries
Management and Marine Life Enhancement Act, an initial allocation fee
in an amount, determined by the Secretary, equal to 1 percent of the
ex-vessel value of fish authorized in one year under an individual quota,
that shall be collected from the person to whom the individual quota
is first issued.
`(ii) An annual fee in an amount, determined by the Secretary, not to
exceed 3 percent of the ex-vessel value of fish authorized each year
under an individual quota share, that shall be collected from the holder
of the individual quota share.
`(iii) A transfer fee in an amount, determined by the Secretary, equal
to 1 percent of the ex-vessel value of fish authorized each year under
an individual quota share, that shall be collected from a person who
permanently transfers the individual quota share to another person.
`(C) In determining the amount of a fee under this paragraph, the Secretary
shall ensure that the amount is commensurate with the cost of managing
the fishery with respect to which the fee is collected, including reasonable
costs for salaries, data analysis, and other costs directly related to
fishery management and enforcement.
`(D) The Secretary, in consultation with the Councils, shall promulgate
regulations prescribing the method of determining under this paragraph
the ex-vessel value of fish authorized under an individual quota share,
the amount of fees, and the method of collecting fees.
`(E) Fees collected under this paragraph from holders of individual quotas
in a fishery shall be an offsetting collection and shall be available
to the Secretary only for the purposes of administering and implementing
this Act with respect to that fishery.'.
(c) Conforming Amendment- Section 304(d)(2)(F)(i), as redesignated by subsection
(b)(1) of this section, is amended by striking `section 305(h)(5)(B)' and
all that follows and inserting `section 305(h)(5)(B).'.
(d) Limited Access Privilege Defined- Subsection (a) of section 3 (16 U.S.C.
1802) is further amended by inserting after paragraph (23) the following:
`(23A) The term `limited access privilege'--
`(A) means a Federal permit, issued as part of a limited access system
under section 303A to harvest a quantity of fish that may be received
or held for exclusive use by a person; and
`(B) includes an individual fishing quota; but
`(C) does not include community development quotas as described in section
305(i).'.
SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS.
Section 311 (16 U.S.C. 1861) is amended--
(1) by striking `and' after the semicolon in subsection (b)(1)(A)(iv);
(2) by inserting `and' after the semicolon in subsection (b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A) the following:
`(vi) access, directly or indirectly, for enforcement purposes any
data or information required to be provided under this title or regulations
under this title, including data from vessel monitoring systems, or
any similar system, subject to the confidentiality provisions of section
402;';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
`(h) Joint Fisheries Enforcement Agreements-
`(1) IN GENERAL- The Governor of an eligible State may apply to the Secretary
for execution of a joint fisheries enforcement agreement with the Secretary
that will authorize the deputization and funding of State officers with
marine fisheries responsibilities to perform duties of the Secretary relating
to fisheries enforcement provisions under this title or any other marine
resource law enforced by the Secretary. Upon receiving an application
meeting the requirements of this subsection, the Secretary may enter into
a joint fisheries enforcement agreement with the requesting State.
`(2) ELIGIBLE STATE- A State is eligible to participate in the cooperative
agreements under this section if it is in, or bordering on, the Atlantic
Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean,
or the Gulf of Mexico.
`(3) REQUIREMENTS- Joint fisheries enforcement agreements executed under
paragraph (1)--
`(A) shall be consistent with the purposes and intent of this section
to the extent applicable to the regulated activities; and
`(B) shall provide for confidentiality of data and information submitted
to the State under section 402.
`(4) ALLOCATION OF FUNDS- The Secretary shall include in each joint fisheries
enforcement agreement an allocation of funds to assist in management of
the agreement. The allocation shall be fairly distributed among all eligible
States participating in cooperative agreements under this subsection,
based upon consideration of Federal marine fisheries needs, the specific
marine fisheries conservation needs of each participating eligible State,
and the capacity of the State to undertake the mission and assist with
Federal needs. The agreement may provide for amounts to be withheld by
the Secretary for the cost of any technical or other assistance provided
to the State by the Secretary under the agreement.
`(i) Improved Data Sharing-
`(1) IN GENERAL- Notwithstanding any other provision of this Act, as soon
as practicable but no later than 21 months after the date of enactment
of the American Fisheries Management and Marine Life Enhancement Act,
the Secretary shall implement data-sharing measures to make any data required
to be provided by this Act from vessel monitoring systems, or similar
systems--
`(A) directly accessible by State officers authorized under subsection
(a) of this section; and
`(B) available to a State management agency involved in, or affected
by, management of a fishery if the State has entered into an agreement
with the Secretary under section 402(b)(1)(B) of this Act.
`(2) AGREEMENT REQUIRED- The Secretary shall promptly enter into an agreement
with a State under section 402(b)(1)(B) of this Act if--
`(A) the State provides a written opinion or certification that State
law allows the State to maintain the confidentiality of information
required by Federal law to be kept confidential; or
`(B) the Secretary is provided other reasonable assurance that the State
can and will protect the identity or business of any person to which
such information relates.'.
SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS.
(a) North Pacific Research Plan- Section 313 (16 U.S.C. 1862) is amended--
(1) by striking subsections (a), (b), (c), and (d);
(2) by redesignating existing subsections (e), (f), (g), (h), and (i)
as subsections (a), (b), (c), (d), and (e), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (1) by striking `North Pacific Fishery Observer Fund'
and inserting `Fishery Observer Fund established under section 403(e)';
and
(B) in paragraph (2)(A) by striking `303(b)(10)' and inserting `303(b)(8)'.
(b) Observer Program Funding- Section 403 (16 U.S.C. 1881(b)) is amended
by adding at the end the following:
`(d) Observer Program Funding Mechanism-
`(1) IN GENERAL- The Secretary may establish a funding mechanism to cover
the cost of an observer program to monitor any fishery managed under this
Act or any other Act administered by the Secretary, including the Northern
Pacific halibut fishery.
`(A) The Secretary may exercise broad discretion in developing a funding
mechanism under this subsection, which may include a system of fees,
payments collected from limited access privilege programs, or any other
cost recovery mechanism to pay for--
`(i) the cost of stationing observers on board fishing vessels and
United States fish processors, and
`(ii) the actual cost of inputting data and managing observer databases.
`(B) The moneys collected under a funding mechanism established under
this subsection for an observer program shall be--
`(i) deposited into the Fishery Observer Fund established under subsection
(e); and
`(ii) used only for the observer program covering fisheries from which
the moneys were collected.
`(e) Fishery Observer Fund-
`(1) ESTABLISHMENT OF FUND- There is established on the books of the Treasury
of the United States, a fund that shall be known as the Fishery Observer
Fund (in this subsection referred to as the `Fund'). The Fund shall be
administered by the Secretary of Commerce. The Fund shall be available,
subject to the availability of appropriations, only to the Secretary for
purposes of carrying out subsection (d). The Fund shall consist of all
moneys deposited into in it accordance with this section, plus interest
on those moneys.
`(2) INVESTMENT OF AMOUNT-
`(A) It shall be the duty of the Secretary of the Treasury to invest,
at the direction of the Secretary of Commerce, such portion of the Fund
that is not currently needed for the purposes of each observer program
covering fisheries from which moneys were collected under subsection
(d).
`(B) Such investments shall be in public debt obligations with maturities
suitable to the needs of the Fund, as determined by the Secretary of
Commerce. Investments in public debt obligations shall bear interest
at rates determined by the Secretary of the Treasury taking into consideration
the current market yield on outstanding marketable obligations of the
United States of comparable maturity.
`(3) SALE OF OBLIGATION- Any obligation acquired by the Fund may be sold
by the Secretary of the Treasury at the direction of the Secretary of
Commerce at market prices.
`(f) Contributions- For purposes of carrying out subsections (d) and (e),
the Secretary may accept, solicit, receive, hold, administer, and use gifts,
devices, contributions, and bequests. Amounts received under this subsection
shall be deposited in the Fishery Observer Fund established under subsection
(c).'.
SEC. 10. COMPETING STATUTES.
(a) Required Information in Management Plans- Section 303(a) (16 U.S.C.
1853A)) is further amended by adding at the end the following:
`(17) contain information on the Council's efforts to study, develop,
and describe appropriate alternatives to recommend courses of action;'.
(b) Required Analysis in Management Plans- Section 303(a)(9) (16 U.S.C.
1853(a)(9)) is amended by striking `describe the likely effects, if any,
of the conservation and management measures on--' and inserting `analyze
the likely effects, if any, including the cumulative conservation, economic,
and social impacts of, the conservation and management measures on, and
possible mitigation measures for--'.
(c) Compliance With National Environmental Policy Act of 1969-
(1) IN GENERAL- Title III (16 U.S.C. 1851 et seq.) is amended by adding
at the end the following:
`SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
`Any fishery management plan, amendment to such a plan, or regulation implementing
such a plan that is prepared in accordance with applicable provisions of
sections 303 and 304 of this Act may be deemed to have been prepared in
compliance with the requirements of section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) by the Secretary.'.
(2) CLERICAL AMENDMENT- The table of contents in the first section is
amended by adding at the end of the items relating to title III the following:
`Sec. 315. Compliance with National Environmental Policy Act of 1969.'.
(3) EFFECT ON TIME REQUIREMENTS- Section 305(e) (16 U.S.C. 1855(E)) is
amended by inserting `the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.),' after `the Regulatory Flexibility Act (5 U.S.C.
601 et seq.),'.
(d) Review of Fishery Regulations in National Marine Sanctuaries- Section
304 (16 U.S.C. 1854) is amended by adding at the end the following:
`(j) Review of Fishery Proposed Regulations in National Marine Sanctuaries-
`(1) The Secretary shall review any regulation proposed under the National
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) for the conservation or
management of fish (whether or not such fish are managed under a fishery
management plan), or for the conservation or management of essential fish
habitat identified under section 303.
`(2) A proposed regulation referred to in paragraph (1) shall not take
effect unless the Secretary certifies that the proposed regulation--
`(A) meets the national standards under section 301(a);
`(B) is consistent with the other provisions of this Act; and
`(C) is consistent with any ecosystem-based fishery management plan
that includes the provisions authorized under section 303(b)(14).'.
SEC. 11. DIMINISHED FISHERIES.
(a) Substitution of `Diminished' for `Overfished'-
(1) SUBSTITUTION OF TERM- The Act is amended--
(A) by striking `overfished' each place it appears (other than in subsection
(a) of section 3 of the Act (16 U.S.C. 1802), as amended by this Act)
and inserting `diminished'; and
(B) in the heading for section 304(e) (16 U.S.C. 1854(e)) by striking
`Overfished' and inserting `Diminished'.
(2) DIMINISHED DEFINED- Subsection (a) of section 3 (16 U.S.C. 1802) is
further amended--
(A) by inserting after paragraph (8) the following:
`(8A) The term `diminished' means, with respect to a stock of fish, that
the stock is of a size that is below the natural range of fluctuation
associated with the production of maximum sustainable yield.'; and
(B) by amending paragraph (29) to read as follows:
`(29) The term `overfishing' means a rate or level of fishing mortality
that jeopardizes the capacity of a fishery to produce the maximum sustainable
yield on a continuing basis.'.
(3) DISTINGUISHING IN REPORTS- Section 304(e)(1) (16 U.S.C. 1854(e)(1))
is amended by adding at the end the following: `The report shall distinguish
between fisheries that are diminished (or approaching that condition)
as a result of fishing and fisheries that are diminished (or approaching
that condition) as a result of factors other than fishing. The report
shall state, for each fishery identified as diminished or approaching
that condition, whether the fishery is the target of directed fishing.'.
(b) Duration of Measures to Rebuild Diminished Fisheries- Section 304(e)(4)(A)(ii)
of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1854(e)(4)(A)(ii)) is amended to read as follows:
`(ii) not exceed 10 years, except in cases where--
`(I) the biology of the stock of fish, other environmental conditions,
or management measures under an international agreement in which
the United States participates dictate otherwise;
`(II) the Secretary determines that such 10-year period should be
extended because the cause of the fishery decline is outside the
jurisdiction of the Council or the rebuilding program cannot be
effective only by limiting fishing activities;
`(III) the Secretary determines that such 10-year period should
be extended for one or more diminished components of a multi-species
fishery; or
`(IV) the Secretary makes substantial changes to the rebuilding
targets after the rebuilding plan has been put in place.'.
SEC. 12. NEW PROHIBITED ACTS.
(a) Prohibition on Sale or Purchase of Recreational Catch- Section 307 (16
U.S.C. 1857) is amended by striking `and' after the semicolon at the end
of paragraph (4), by striking the period at the end of paragraph (5) and
inserting `; and', and by adding at the end the following:
`(6) to sell or purchase any fish caught in recreational fishing.'.
(b) Prohibition on Use of Retired Vessel- Section 307(1) (16 U.S.C. 1857(1))
is amended--
(1) by striking `or' after the semicolon in subparagraph (O);
(2) by striking `carcass.' in subparagraph (P) and inserting `carcass;
or'; and
(3) by inserting after subparagraph (P) and before the last sentence the
following:
`(R) to use any fishing vessel to engage in fishing in Federal or State
waters, or on the high seas or the waters of another country, after
the Secretary has made a payment to the owner of that fishing vessel
under section 312(b)(2).'.
SEC. 13. FISHERY FAILURES.
Section 312(a) (16 U.S.C. 1361a) is amended by striking `commercial fishery'
each place it appears and inserting `fishery'.
SEC. 14. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period- Section 305(c)(3)(B) (16 U.S.C.
1855(c)(3)(B)) is amended by striking `180 days,' and inserting `186 days,'.
(b) Technical Amendment- Section 305(c)(3)(D)) (16 U.S.C. 1855(c)(3)(D))
is amended by inserting `or interim measures' after `emergency regulations'.
SEC. 15. BYCATCH AND SEABIRD INTERACTIONS.
(a) Gear Grant Program- Title IV (1 U.S.C. 1881 et seq.) is further amended
by adding at the end the following:
`SEC. 409. GEAR GRANT PROGRAM.
`(a) Identification of Fisheries With Most Urgent Problems- The Secretary
shall--
`(1) identify those fisheries included in a list under subsection (a)
that have the most urgent bycatch problems or seabird interaction problems,
based on comments received regarding the list; and
`(2) work in conjunction with the Councils and fishing industry participants
to develop new fishing gear, or modifications to existing fishing gear,
that will help minimize bycatch and seabird interactions to the extent
practicable.
`(b) Grant Authority- The Secretary shall, subject to the availability of
appropriations, make grants for the development of fishing gear and modifications
to existing fishing gear that will help--
`(1) minimize bycatch and seabird interactions; and
`(2) minimize adverse fishing gear impacts on habitat areas of particular
concern.
`(c) Report- The Secretary shall report to the Congress annually on--
`(1) the amount expended to implement this section in the preceding year;
`(2) developments in gear technology achieved under this section;
`(3) the reductions in bycatch associated with implementation of this
section; and
`(4) any other relevant information.
`(d) Authorization of Appropriations- To carry out this section there is
authorized to be appropriated to the Secretary $10,000,000 for each of fiscal
years 2007 through 2011.'.
(b) Clerical Amendment- The table of contents in the first section is amended
by adding at the end of the items relating to title IV the following:
`Sec. 409. Bycatch identification and gear grant program.'.
(c) Report- The Secretary of Commerce shall report to the Congress within
one year after the date of the enactment of this Act on--
(1) the extent of the problem of seabird interaction with fisheries of
the United States;
(2) efforts by the fishing industry and Regional Fishery Management Councils
to address that problem; and
(3) the extent of the problem of seabird interaction with fisheries other
than the fisheries of the United States.
(d) International Action- The Secretary of Commerce shall take appropriate
action at appropriate international fisheries management bodies to reduce
seabird interactions in fisheries.
SEC. 16. OVER CAPITALIZATION.
(a) Discretion of Secretary to Conduct Fishing Capacity Reduction Program-
Section 312(b) (16 U.S.C. 1861a(b)) is amended--
(1) in paragraph (1) by striking `, at the request of the appropriate
Council for fisheries under the authority of such Council, or the Governor
of a State for fisheries under State authority,';
(2) in paragraph (1), by inserting `that is managed under a limited access
system authorized by section 303(b)(6),' after `in a fishery'; and
(3) by redesignating paragraph (4) as paragraph (5), and by inserting
after paragraph (3) the following:
`(4) The Council, or the Governor of a State, having authority over a fishery
may request the Secretary to conduct a fishing capacity reduction program
in the fishery under this subsection.'.
(b) Requirement to Surrender All Permits- Section 312(b)(2) (16 U.S.C. 1861a(b)(2))
is amended to read as follows:
`(2)(A) The objective of the program shall be to obtain the maximum sustained
reduction in fishing capacity at the least cost and in a minimum period
of time.
`(B) To achieve that objective, the Secretary is authorized to pay an
amount to the owner of a fishing vessel, if--
`(i) such vessel is scrapped, or through the Secretary of the department
in which the Coast Guard is operating, subjected to title restrictions
that permanently prohibit and effectively prevent its use in fishing;
`(ii) all permits authorizing the participation of the vessel in any
fishery under the jurisdiction of the United States are surrendered
for permanent revocation; and
`(iii) the owner of the vessel and such permits relinquishes any claim
associated with the vessel and such permits that could qualify such
owner for any present or future limited access system permit in the
fishery for which the program is established.'.
(c) Ensuring Vessels Do not Enter Foreign or High Seas Fisheries- Section
312(b) (16 U.S.C. 1861a(b)) is further amended by adding at the end the
following:
`(6) The Secretary may not make a payment under paragraph (2) with respect
to a vessel that will not be scrapped, unless the Secretary certifies that
the vessel will not be used for any fishing, including fishing in the waters
of a foreign nation and fishing on the high seas.'.
(1) IN GENERAL- The Secretary shall, within 12 months after the date of
the enactment of this Act, submit to the Congress a report--
(A) identifying and describing the 20 fisheries in United States waters
with the most severe examples of excess harvesting capacity in the fisheries,
based on value of each fishery and the amount of excess harvesting capacity
as determined by the Secretary;
(B) recommending measures for reducing such excess harvesting capacity,
including the retirement of any latent fishing permits that could contribute
to further excess harvesting capacity in those fisheries; and
(C) potential sources of funding for such measures.
(2) BASIS FOR RECOMMENDATIONS- The Secretary shall base the recommendations
made with respect to a fishery on--
(A) the most cost effective means of achieving voluntary reduction in
capacity for the fishery using the potential for industry financing;
and
(B) including measures to prevent the capacity that is being removed
from the fishery from moving to other fisheries in the United States,
in the waters of a foreign nation, or in the high seas.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization- Section 4 (16 U.S.C. 1803) is amended by striking paragraphs
(1) through (4) and inserting the following:
`(1) $338,970,000 for fiscal year 2007.
`(2) $366,087,000 for fiscal year 2008.
`(3) $395,374,000 for fiscal year 2009.
`(4) $427,604,000 for fiscal year 2010.
`(5) $461,812,000 for fiscal year 2011.'.
(b) Clerical Amendment- The table of contents in the first section is amended
by inserting after the item relating to section 3 the following:
`Sec. 4. Authorization of appropriations.'.
END
