Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006

109th CONGRESS
2d Session

H. R. 5051

To authorize appropriations to the Secretary of Commerce for the Magnuson-Stevens Fishery Conservation and Management Act for fiscal years 2007 through 2012, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 30, 2006

Mr. GILCHREST (for himself, Mr. BARTLETT of Maryland, Mr. FARR, Mr. EHLERS, Mr. SHAYS, Mr. LEACH, and Mr. CASTLE) introduced the following bill; which was referred to the Committee on Resources

A BILL

To authorize appropriations to the Secretary of Commerce for the Magnuson-Stevens Fishery Conservation and Management Act for fiscal years 2007 through 2012, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Magnuson-Stevens Fishery Conservation and Management Amendments 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. Authorization of appropriations.

TITLE I--SUSTAINABLE FISHERIES MANAGEMENT

Subtitle A--Amendments

Sec. 101. Cumulative impacts.

Sec. 102. Regional Fishery Management Councils.

Sec. 103. Fishery management plan requirements.

Sec. 104. Fishery management plan discretionary provisions.

Sec. 105. Limited access privilege programs.

Sec. 106. Action by Secretary on fishery management plans and amendments to plans.

Sec. 107. Environmental review process.

Sec. 108. Emergency regulations.

Sec. 109. Joint enforcement agreements.

Sec. 110. Transition to sustainable fisheries.

Sec. 111. Regional coastal disaster assistance, transition, and recovery program.

Sec. 112. Fishery finance program hurricane assistance.

Sec. 113. Shrimp fisheries hurricane assistance program.

Sec. 114. Bycatch reduction engineering program.

Sec. 115. Ecosystem management.

Sec. 116. Community-based restoration program for fishery and coastal habitats.

Sec. 117. Prohibited acts.

Sec. 118. Cooperative restoration projects.

Sec. 119. Enforcement.

Sec. 120. Fishery permitting and registration programs.

Sec. 121. Bycatch.

Subtitle B--Collaborative Strategic Planning

Sec. 131. Short title.

Sec. 132. Definitions.

Sec. 133. Program to achieve sustainable fisheries through collaborative strategic planning processes.

Sec. 134. National Task Force on Sustainable Fishery Capacity.

Sec. 135. Sustainable Fishery Vision, Implementation, and Management Plans.

Sec. 136. Priority implementation.

Sec. 137. Total allowable level of foreign fishing.

TITLE II--INFORMATION AND RESEARCH

Sec. 201. Recreational fisheries information.

Sec. 202. Collection of information.

Sec. 203. Access to certain information.

Sec. 204. Cooperative research and management program.

Sec. 205. Restoration study.

Sec. 206. Fisheries conservation and management fund.

Sec. 207. Use of fishery finance program and capital construction fund for sustainable purposes.

Sec. 208. Deep sea coral research and technology program.

Sec. 209. Impact of turtle excluder devices on shrimping.

Sec. 210. Hurricane effects on shrimp and oyster fisheries and habitats.

TITLE III--OTHER FISHERIES STATUTES

Sec. 301. Reauthorization of other fisheries Acts.

TITLE IV--INTERNATIONAL

Sec. 401. Finding with respect to illegal, unreported, and unregulated fishing.

Sec. 402. Action to end illegal, unreported, or unregulated fishing and reduce bycatch of protected marine species.

Sec. 403. Rebuilding depleted fisheries.

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--

(1) by amending paragraph (6) to read as follows:

`(6) A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild depleted stocks, to protect the ecosystems associated with those fishery resources, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation's fishery resources.';

(2) in paragraph (8) by inserting `and associated ecosystems' after `fishery resources'; and

(3) 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) Other Definitions- Section 3 (16 U.S.C. 1802) is amended--

(1) by inserting after paragraph (4) the following:

`(4A) The term `confidential information' means--

`(A) trade secrets; or

`(B) commercial or financial information the disclosure of which is likely to result in substantial harm to the competitive position of the person who submitted the information to the Secretary.';

(2) by inserting after paragraph (8) the following:

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

(3) 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.';

(4) 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.';

(5) 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).';

(6) by inserting after paragraph (27) the following:

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

(7) in paragraph (29) by striking `terms `overfishing' and `overfished' Mean' and inserting `term `overfishing' means'.

(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); (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- For fisheries being managed under an international fisheries agreement to which the United States is a party, Council or Secretarial action, if any, shall reflect 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 or a stock that is approaching a condition of being depleted, 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. AUTHORIZATION OF APPROPRIATIONS.

Section 4 (16 U.S.C. 1803) is amended to read as follows:

`SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to the Secretary to carry out the provisions of this Act--

`(1) $328,004,000 for fiscal year 2007; and

`(2) such sums as may be necessary for fiscal years 2008 through 2012.'.

TITLE I--SUSTAINABLE FISHERIES MANAGEMENT

Subtitle A--Amendments

SEC. 101. CUMULATIVE IMPACTS.

(a) National Standards- Section 301(a) (16 U.S.C. 1851(a)) is amended--

(1) in paragraph (1), by inserting `commercial and recreational' before `fishing industry'; and

(2) in paragraph (8), by inserting `by utilizing economic and social data and assessment methods based on the best economic and social information available,' after `fishing communities'.

(b) Contents of Plans- Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by striking `describe the likely effects, if any, of the conservation and management measures on--' and inserting `analyze the likely effects, if any, including the cumulative economic and social impacts, of the conservation and management measures on, and possible mitigation measures for--'.

SEC. 102. REGIONAL FISHERY MANAGEMENT COUNCILS.

(a) Tribal Alternate on Pacific Council- Section 302(b)(5) (16 U.S.C. 1852(b)(5)) is amended by adding at the end thereof the following:

`(D) The tribal representative appointed under subparagraph (A) may designate as an alternate, during the period of the representative's term, an individual knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned.'.

(b) Scientific and Statistical Committees- Section 302(g) (16 U.S.C. 1852(g)) is amended--

(1) by striking so much of subsection (g) as precedes paragraph (2) and inserting the following:

`(g) Committees and Advisory Panels-

`(1)(A) Each Council shall establish, maintain, and appoint the members of a scientific and statistical committee to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council's development and amendment of any fishery management plan.

`(B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch or maximum sustainable yield, and optimum yield, and reports on stock status and health, bycatch, seabird bycatch, habitat status, socioeconomic impacts of management measures, and sustainability of fishing practices.

`(C) Members appointed by the Councils to the scientific and statistical committees--

`(i) shall be Federal employees, State employees, academicians, or independent experts with strong scientific or technical credentials and experience; and

`(ii) shall be individuals who have demonstrated scientific expertise in fisheries science or marine ecology, or demonstrated expertise in economics or social science as it relates to fisheries management, and have no direct financial interest or are not employed by any person with a direct financial interest in any fishery.

`(D) The Secretary, jointly with the Councils, shall establish a peer review process for scientific information used to advise the Councils about the conservation and management of a fishery. The review process, which may include existing committees or panels, is deemed to satisfy the requirements of the guidelines issued pursuant to section 515 of the Treasury and General Government Appropriations Act for Fiscal year 2001 (Public Law 106-554--Appendix C; 114 Stat. 2763A-153).

`(E) In addition to the provisions of subsection (f)(7), the Secretary shall 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.

`(F) Each Council shall require that the membership of its scientific and statistical committee or other appropriate scientific or peer review committee be represented at all Council meetings.';

(2) by striking `other' in paragraph (2); and

(3) by resetting the left margin of paragraphs (2) through (5) 2 ems from the left.

(1) by striking `authority, and' in paragraph (5) and inserting `authority;';

(2) by redesignating paragraph (6) as paragraph (7); and

(3) by inserting after paragraph (5) the following:

`(6) recommend to the Secretary annual catch limits for each of its managed fisheries, that are at or below the optimum yield, as recommended by its scientific and statistical committee; and'.

(d) Voting Members- Section 302 (16 U.S.C. 1852) is amended--

(1) in subsection (b)(2)(A)--

(A) in the first sentence by inserting before the period the following: `, and must not have been found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by subparagraph (D), (E), (F), (H), (I), or (L) of section 307(1) or section 307(2).'; and

(B) in the second sentence by striking `Fishery Conservation Amendments of 1990' and inserting `Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006';

(2) in subsection (b)(2)(B)--

(A) in the first sentence by striking `of the active' and inserting `among the active';

(B) by striking the period at the end of the first sentence and inserting the following: `and representatives of the marine conservation public interest sector and academic sector who are knowledgeable regarding the conservation and management of the fishery resources of the geographic area concerned.'; and

(3) in subsection (b)(2)(C) by striking the third sentence and inserting the following: `Each list shall consist of a broad slate of candidates for each vacancy, shall include at least two representatives from each of the commercial fishing industry sector, the recreational fishing sector, and the marine conservation public interest sector and academic sector, and shall consist solely of individuals who are knowledgeable regarding the conservation and management of the fishery resources of the geographical area concerned. The third sentence of this subparagraph shall not apply to the Gulf of Mexico Fishery Management Council.'.

(e) Training- Section 302 (16 U.S.C. 1852) is amended by adding at the end the following:

`(k) Council Training Program-

`(1) TRAINING COURSE- Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Amendments 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) basic instruction in principles of ecology;

`(C) fishery management techniques, data needs, and Council procedures;

`(D) social science and fishery economics;

`(E) tribal treaty rights and native customs, access, and other rights related to Western Pacific indigenous communities;

`(F) legal requirements of this Act, including conflict of interest and disclosure provisions of this section and related policies;

`(G) other relevant legal and regulatory requirements, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

`(H) public process for development of fishery management plans; and

`(I) other topics suggested by the Council.

`(2) MEMBER TRAINING-

`(A) TRAINING COURSE- The training course under paragraph (1) shall be available to both new and existing Council members, and may be made available to committee or advisory panel members and members of the public as resources allow.

`(B) UPDATED AND ADVANCED INFORMATION FOR EXISTING COUNCIL MEMBERS- The Secretary may also provide training for existing Council members regarding updated information on scientific and regional issues.

`(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.'.

(f) Procedural Matters- Section 302(i) (16 U.S.C. 1852(i)) is amended--

(1) in paragraph (1) by striking `to the Councils or to the scientific and statistical committees or advisory panels established under subsection (g).' 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) in paragraph (2) by striking `of a Council, and of the scientific and statistical committee and advisory panels established under subsection (g):' 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) in paragraph (3)(A) by inserting `the Council Coordination Committee established under subsection (1),' after `Council,'; and

(4) in paragraph (3)(A) by inserting `other Council committee,' after `committee,'.

(g) 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 any other individual or organization with a financial interest in such activity.';

(3) by striking subparagraph (B) of paragraph (5) and inserting the following:

`(B) be kept on file by the Council and made available on the Internet and for public inspection at the Council offices during reasonable times; and'; and

(4) by adding at the end the following:

`(9) On January 1, 2008, and annually thereafter, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources on action taken by the Secretary and the Councils to implement the disclosure of financial interest and recusal requirements of this subsection.'.

(h) Gulf of Mexico Fisheries Management Council- Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended--

(1) by redesignating subparagraph (D) as subparagraph (E); and

(2) by inserting after subparagraph (C) the following:

`(D)(i) The Secretary shall appoint to the Gulf of Mexico Fisheries Management Council--

`(I) 5 representatives of the commercial fishing sector;

`(II) 5 representatives of the recreational fishing and charter fishing sectors; and

`(III) 1 other individual who is knowledgeable regarding the conservation and management of fisheries resources in the jurisdiction of the Council.

`(ii) The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf of Mexico Fisheries Management Council under subparagraph (C) shall include--

`(I) at least 1 nominee each from the commercial, recreational, and charter fishing sectors; and

`(II) at least 1 other individual who is knowledgeable regarding the conservation and management of fisheries resources in the jurisdiction of the Council.

`(iii) If the Secretary determines that the list of names submitted by the Governor does not meet the requirements of clause (ii), the Secretary shall--

`(I) publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the requirement not met for appointment to the Council; and

`(II) add the name of any qualified individual submitted by the public who meets the unmet requirement to the list of names submitted by the Governor.

`(iv) For purposes of clause (ii), an individual who owns or operates a fish farm outside of the United States shall not be considered to be a representative of the commercial fishing sector.'.

(i) Report and Recommendations on Gulf Council Amendment-

(1) IN GENERAL- Before August 2011, the Secretary of Commerce, in consultation with the Gulf of Mexico Fisheries Management Council, shall analyze the impact of the amendment made by subsection (h) and determine whether section 302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair and balanced apportionment of the active participants in the commercial and recreational fisheries under the jurisdiction of the Council.

(2) REPORT- By no later than August 2011, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources setting forth the Secretary's findings and determination, including any recommendations for legislative or other changes that may be necessary to achieve such a fair and balanced apportionment, including whether to renew the authority.

SEC. 103. FISHERY MANAGEMENT PLAN REQUIREMENTS.

(a) In General- Section 303(a) (16 U.S.C. 1853(a)) is amended--

(1) striking `and charter fishing' in paragraph (5) and inserting `charter fishing, and fish processing';

(2) by inserting `economic information necessary to meet the requirements of this Act,' in paragraph (5) after `number of hauls,';

(3) by striking `fishery' the first place it appears in paragraph (13) and inserting `fishery, including their economic impact,';

(4) by striking `and' after the semicolon in paragraph (13);

(5) by striking `allocate' in paragraph (14) and inserting `allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,';

(6) by striking `fishery.' in paragraph (14) and inserting `fishery; and'; and

(7) by adding at the end the following:

`(15)(A) specify, in the plan or implementing regulations, annual catch limits that are recommended by the Council or established by the Secretary based on the best scientific information available at a level that does not exceed optimum yield; and

`(B) require that the amount of any harvest exceeding the specified annual catch limit shall be deducted from the following year's annual catch limit.'.

(b) Effective Date- The amendments made by subsection (a)(5) shall take effect 2 years after the date of enactment of this Act.

(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 `depleted'; and

(B) in the heading for section 304(e) (16 U.S.C. 1854(e)) by striking `Overfished' and inserting `Depleted'.

(2) REQUIRED PROVISIONS OF FISHERY MANAGEMENT PLANS- Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is amended to read as follows:

`(10) specify objective and measurable criteria for identifying when the fishery to which the plan applies is depleted or being subjected to overfishing (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery);'.

(3) ACTION BY SECRETARY- Section 304(e)(4)(A)(i) (16 U.S.C. 1854(e)(4)(A)(i)) is amended to read as follows:

`(i) be as short as possible, not to exceed one year unless otherwise provided for under an international agreement in which the United States participates, taking into account the status and biology of any depleted stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the depleted stock of fish within the marine ecosystem; and'.

(d) Proposed Regulations- Section 303(c) (16 U.S.C. 1853(c)) is amended--

(1) by striking `and' at the end of paragraph (1);

(2) in paragraph (2), by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(3) implementing conservation and management measures under a fishery ecosystem plan under subsection (e)(3) may be submitted at any time after the Council adopts the fishery ecosystem plan.'.

SEC. 104. 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 `and' after the semicolon at the end of paragraph (2)(A) (as designated by subparagraph (A) of this paragraph);

(3) by inserting at the end of 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;';

(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) the conservation requirements of this Act with respect to the fishery;

`(B) present participation in the fishery;

`(C) historical fishing practices in, and dependence on, the fishery;

`(D) the economics of the fishery;

`(E) the capability of fishing vessels used in the fishery to engage in other fisheries;

`(F) the cultural and social framework relevant to the fishery and any affected fishing communities;

`(G) the fair and equitable distribution of access privileges to a public resource; and

`(H) any other relevant considerations;';

(5) by striking `(other than economic data)' in paragraph (7);

(6) by striking `and' after the semicolon in paragraph (11); and

(7) by redesignating paragraph (12) as paragraph (14) and inserting after paragraph (11) the following:

`(12) establish a process for complying with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to section 304(h) of this Act;

`(13) include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and'.

SEC. 105. LIMITED ACCESS PRIVILEGE PROGRAMS.

(a) In General- Title III (16 U.S.C. 1851 et seq.) is amended--

(1) by striking section 303(d); and

(2) by inserting after section 303 the following:

`SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

`(a) In General- After the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Amendments 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- 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 depleted or subject to a rebuilding plan, assist in its rebuilding; and

`(B) if established in a fishery that is determined by the Secretary or the Council to have over-capacity, contribute to reducing capacity;

`(C) promote--

`(i) 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) require that all fish harvested under a limited access privilege program be processed by vessels of the United States, in United States waters, or on United States soil (including any territory of the United States).

`(F) specify the goals of the program;

`(G) include provisions for the regular monitoring and review by the Council and the Secretary of the operations of the program, including determining progress in meeting the goals of the program and this Act, and any necessary modification of the program to meet those goals, with a formal and detailed review 5 years after the establishment of the program and every 5 years thereafter;

`(H) include an effective system for enforcement, monitoring, and management of the program, including the use of observers;

`(I) include an appeals process for administrative review of determinations with respect to the Secretary's decisions regarding administration of the limited access privilege program;

`(J) provide for the establishment by the Secretary, in consultation with the Department of Justice and the Federal Trade Commission, for an information collection and review process to provide any additional information needed by the Department of Justice and the Federal Trade Commission to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or price fixing have occurred among regional fishery associations or persons receiving limited access privileges under the program; and

`(K) provide for the revocation by the Secretary of limited access privileges held by any person found to have violated the antitrust laws of the United States.

`(2) WAIVER- The Secretary may waive the requirement of paragraph (1)(E) if the Secretary determines that--

`(A) the fishery has historically processed the fish outside of the United States; and

`(B) the United States has a seafood safety equivalency agreement with the country where processing will occur (or other assurance that seafood safety procedures to be used in such processing are equivalent or superior to the applicable United States seafood safety standards).

`(3) FISHING COMMUNITIES-

`(A) IN GENERAL-

`(i) ELIGIBILITY- To be eligible to participate in a limited access privilege program to harvest fish, a fishing community shall--

`(I) be located within the management area of the relevant Council;

`(II) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register;

`(III) consist of residents who conduct commercial or recreational fishing, processing, or fishery-dependent support businesses within the Council's management area; and

`(IV) develop and submit a community sustainability plan to the Council and the Secretary that demonstrates how the plan will address the social and economic development needs of fishing communities, including those that have not historically had the resources to participate in the fishery, for approval based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register.

`(ii) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny limited access privileges granted under this section for any person who fails to comply with the requirements of the plan.

`(B) PARTICIPATION CRITERIA- In developing participation criteria for eligible communities under this paragraph, a Council shall consider--

`(i) traditional fishing or processing practices in, and dependence on, the fishery;

`(ii) the cultural and social framework relevant to the fishery;

`(iii) economic barriers to access to fishery;

`(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion;

`(v) the expected effectiveness, operational transparency, and equitability of the community sustainability plan; and

`(vi) the potential for improving economic conditions in remote coastal communities lacking resources to participate in harvesting or processing activities in the fishery.

`(4) REGIONAL FISHERY ASSOCIATIONS-

`(A) IN GENERAL- To be eligible to participate in a limited access privilege program to harvest fish, a regional fishery association shall--

`(i) be located within the management area of the relevant Council;

`(ii) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register;

`(iii) be a voluntary association with established by-laws and operating procedures consisting of participants in the fishery, including commercial or recreational fishing, 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 based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register.

`(B) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny limited access privileges granted under this section for any person who fails to comply with the requirements of the 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;

`(v) the expected effectiveness, operational transparency, and equitability of the fishery association plan.

`(5) ALLOCATION- In developing a limited access privilege program to harvest fish a Council or the Secretary shall--

`(A) establish procedures to ensure fair and equitable initial allocations, including consideration of--

`(i) current and historical harvests;

`(ii) employment in the harvesting and processing sectors;

`(iii) investments in, and dependence upon, the fishery; and

`(iv) the current and historical participation of fishing communities;

`(B) to the extent practicable, consider the basic cultural and social framework of the fishery, especially through 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 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.

`(6) PROGRAM INITIATION-

`(A) LIMITATION- Except as provided in subparagraph (D), a Council may initiate a fishery management plan or amendment to establish a limited access privilege program to harvest fish on its own initiative or if the Secretary has certified an appropriate petition.

`(B) PETITION- A group of fishermen constituting more than 50 percent of the permit holders, or holding more than 50 percent of the allocation, in the fishery for which a limited access privilege program to harvest fish is sought, may submit a petition to the Secretary requesting that the relevant Council or Councils with authority over the fishery be authorized to initiate the development of the program. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. For multispecies permits in the Gulf, only those participants who have substantially fished the species proposed to be included in the limited access program shall be eligible to sign a petition for such a program and shall serve as the basis for determining the percentage described in the first sentence of this subparagraph.

`(C) CERTIFICATION BY SECRETARY- Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition represent more than 50 percent of the permit holders, or holders of more than 50 percent of the allocation in the fishery, as described by subparagraph (B), the Secretary shall certify the petition to the appropriate Council or Councils.

`(D) NEW ENGLAND AND GULF REFERENDUM-

`(i) Except as provided in clause (iii) for the Gulf of Mexico commercial red snapper fishery, the New England and Gulf Councils may not submit, and the Secretary may not approve or implement, a fishery management plan or amendment that creates an individual fishing quota program, including a Secretarial plan, unless such a system, as ultimately developed, has been approved by more than 2/3 of those voting in a referendum among eligible permit holders with respect to the New England Council, and by a majority of those voting in the referendum among eligible permit holders with respect to the Gulf Council. For multispecies permits in the Gulf, only those participants who have substantially fished the species proposed to be included in the individual fishing quota program shall be eligible to vote in such a referendum. If an individual fishing quota program fails to be approved by the requisite number of those voting, it may be revised and submitted for approval in a subsequent referendum.

`(ii) The Secretary shall conduct a referendum under this subparagraph, including notifying all persons eligible to participate in the referendum and making available to them information concerning the schedule, procedures, and eligibility requirements for the referendum process and the proposed individual fishing quota program. Within 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006, the Secretary shall publish guidelines and procedures to determine procedures and voting eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner.

`(iii) The provisions of section 407(c) of this Act shall apply in lieu of this subparagraph for an individual fishing quota program for the Gulf of Mexico commercial red snapper fishery.

`(iv) Chapter 35 of title 44, United States Code, (commonly known as the Paperwork Reduction Act) does not apply to the referenda conducted under this subparagraph.

`(7) TRANSFERABILITY- In establishing a limited access privilege program, a Council shall--

`(A) establish a policy on the transferability of limited access 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 (3); and

`(B) establish criteria for the approval and monitoring of transfers (including sales and leases) of limited access privilege shares.

`(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL PLANS- This subsection also applies to a plan prepared and implemented by the Secretary under section 304(g).

`(9) ANTITRUST SAVINGS CLAUSE- Nothing in this Act shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of the preceding sentence, the term `antitrust laws' has the meaning given such term in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.

`(d) Auction and Other Programs- In establishing a limited access privilege program, a Council may consider, and provide for, if appropriate, an auction system or other program to collect royalties for the initial, or any subsequent, distribution of allocations in a limited access privilege program if--

`(1) the system or program is administered in such a way that the resulting distribution of limited access privilege shares meets the program requirements of subsection (c)(3)(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 Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006, a Council may establish--

`(1) a set term after which any initial or subsequent allocation of a limited access privilege shall expire;

`(2) different set terms within a fishery if the Council determines that variation of terms will further management goals; and

`(3) a mechanism under which participants in and entrants to the program may acquire or reacquire allocations.

`(g) Limited Access Privilege Assisted Purchase Program-

`(1) IN GENERAL- A Council may submit, and the Secretary may approve and implement, a program which reserves up to 25 percent of any fees collected from a fishery under section 304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing--

`(A) the purchase of limited access privileges in that fishery by fishermen who fish from small vessels; and

`(B) the first-time purchase of limited access privileges in that fishery by entry level fishermen.

`(2) ELIGIBILITY CRITERIA- A Council making a submission under paragraph (1) shall recommend criteria, consistent with the provisions of this Act, that a fisherman must meet to qualify for guarantees under subparagraphs (A) and (B) of paragraph (1) and the portion of funds to be allocated for guarantees under each subparagraph.

`(h) Effect on Certain Existing Shares and Programs- Nothing in this Act, or the amendments made by the Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006, shall be construed to require a reallocation of individual quota shares, 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 Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006.'.

(b) Fees- Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended by striking `management and enforcement' and inserting `management, data collection, and enforcement'.

(c) Investment in United States Seafood Processing Facilities- The Secretary of Commerce shall work with the Small Business Administration and other Federal agencies to develop financial and other mechanisms to encourage United States investment in seafood processing facilities in the United States for fisheries that lack capacity needed to process fish harvested by United States vessels in compliance with the Magnuson--Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(d) Conforming Amendment- Section 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended by striking `section 305(h)(5)(B)' and all that follows and inserting `section 305(h)(5)(B).'.

(e) Application With American Fisheries Act- Nothing in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), as added by subsection (a), shall be construed to modify or supersede any provision of the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et seq.).

SEC. 106. ACTION BY SECRETARY ON FISHERY MANAGEMENT PLANS AND AMENDMENTS TO PLANS.

(a) Review of Plans and Initial Regulations- Section 304(a) (16 U.S.C. 1854(a)) is amended to read as follows:

`(a) Review of Plans-

`(1) PRELIMINARY EVALUATION-

`(A) Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment and any proposed implementing regulations prepared under section 303(c)(1), the Secretary shall make a preliminary evaluation of the management plan or amendment as to whether it is sufficient in scope and substance to warrant review under this subsection and consistent with the national standards, the other provisions of this Act, and other applicable laws.

`(B) If the preliminary evaluation is negative, the Secretary shall disapprove the plan or amendment and notify the Council, in writing, of the reasons for the disapproval.

`(2) NOTICE OF PROPOSED PLANS, AMENDMENTS, AND RULES- By the 15th day following an affirmative preliminary evaluation under (1)(A), the Secretary shall publish in the Federal Register--

`(A) a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 50-day period beginning on the date the notice is published; and

`(B) any proposed implementing regulations that the Secretary preliminarily determines to be consistent with the fishery management plan or amendment, this Act, and any other applicable law, subject to the Secretary's authority to include such changes to the Council's proposed regulations as the Secretary believes necessary, together with an explanation of those changes for a 50-day comment period.

`(3) SECRETARIAL DECISION ON PLAN OR AMENDMENT-

`(A) The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days after the end of the commend period under paragraph (2) by written notice to the Council.

`(B) In making this determination, the Secretary shall--

`(i) take into account the information, views, and comments received from interested persons;

`(ii) consult with the Secretary of State with respect to foreign fishing; and

`(iii) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 303(a)(5).

`(C) A notice of disapproval or partial approval shall specify--

`(i) the applicable law with which the plan or amendment is inconsistent;

`(ii) the nature of such inconsistencies; and

`(iii) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.

`(4) DISAPPROVAL OR PARTIAL APPROVAL- If the Secretary disapproves or partially approves a plan or amendment, the Council may submit a revised plan or amendment to the Secretary for review under this subsection.

`(5) ACCOMPANYING REGULATIONS- If the Secretary published proposed implementing regulations pursuant to paragraph (2)(B), the Secretary shall either--

`(A) publish final regulations within 45 days after the end of the comment period under paragraph (2)(B); or

`(B) notify the Council in writing of inconsistencies with the plan, the amendment, this Act, or other applicable law and provide recommendations on revisions to cure the inconsistencies.

Upon receiving such a notification from the Secretary, the Council may revise the regulations and resubmit them to the Secretary for reevaluation under subsection (b).

`(6) RELATIONSHIP TO OTHER LAW- Fishery management plans, fishery management plan amendments, and fishery ecosystem plans are not rules subject to section 553 of title 5, United States Code, and need not be codified in the Code of Federal Regulations in accordance with chapter 15 of title 44, United States Code.'.

(b) Review of Other Regulations- Section 304(b) (16 U.S.C. 1854(b)) is amended by striking paragraph (1) and inserting the following:

`(1) EVALUATION-

`(A) Upon transmittal by the Council to the Secretary of regulations proposed under section 303(c)(2) or (3), the Secretary shall initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, this Act, and other applicable law.

`(B) If the Secretary determines that the regulations are consistent, the Secretary shall, within 15 days after transmittal by the Council, publish such regulations in the Federal Register, with such changes as may be necessary and an explanation of those changes, for a public comment period of at least 15 days and not more than 60 days.

`(C) If the Secretary determines that the regulations are not consistent, the Secretary shall, within 15 days after transmittal by the Council, notify the Council in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the fishery management plan, this Act, and other applicable law.'.

`(i) Alternative Procedural Mechanisms-

`(1) IN GENERAL-

`(A) 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.

`(B) Such mechanisms may allow for abbreviated processes for the implementation of regulations or other actions as appropriate.

`(C) Alternative procedural mechanisms shall only be approved or adopted for use in situations where--

`(i) the conservation and management measure is within the scope of conservation and management measures established in an existing plan;

`(ii) otherwise applicable regulatory processes are not sufficient to allow timely and efficient implementation of the conservation and management measure in response to new information; and

`(iii) notice of the conservation and management measure is provided appropriate to the significance of the expected impacts on affected fishery resources and on the participants in the fishery.

`(D) Any final agency action taken pursuant to the alternative procedural mechanism must be promptly published in the Federal Register.

`(2) IMPLEMENTING REGULATIONS- 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), or subsections (b) through (d) of section 553 of title 5, United States Code.'.

(d) Emergency Regulations- Section 305(c)(3) (16 U.S.C. 1855(c)(3)) is amended--

(1) in the matter preceding subparagraph (A) by inserting `Subsections (b) through (d) of section 553 of title 5, United States Code, shall not apply to emergency regulations issued pursuant to this provision.' after `the period in which such regulation is in effect.';

(2) in subparagraph (B) by striking `180 days' the second time it appears and inserting `186 days'; and

(3) in subparagraph (D) by inserting `or interim measures' after `emergency regulations'.

(e) Responsibility of the Secretary- Section 305(d) (16 U.S.C. 1855(d)) is amended by striking subsection (d) and inserting the following:

`(d) Responsibility of the Secretary-

`(1) IN GENERAL- The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by the Secretary, in accordance with this Act.

`(2) REGULATIONS- In addition to the other rulemaking provisions of this Act, the Secretary shall promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to discharge such responsibilities or to carry out any other provision of this Act.

`(3) GUIDANCE- The Secretary may issue guidance to interpret and facilitate implementation of this Act.'.

SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

Section 304 (16 U.S.C. 1854) is amended by adding at the end the following:

`(i) Environmental Review Process-

`(1) PROCEDURES- The Secretary shall, in consultation with the Councils and the Council on Environmental Quality, revise and update agency procedures for compliance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.). The procedures shall--

`(A) conform to the time lines for review and approval of fishery management plans and plan amendments under this section; and

`(B) integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments, and other actions taken or approved pursuant to this Act in order to provide for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public.

`(2) USAGE- The updated agency procedures promulgated in accordance with this section used by the Councils or the Secretary shall be the sole environmental impact assessment procedure for fishery management plans, amendments, regulations, or other actions taken or approved pursuant to this Act.

`(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES- The Secretary shall--

`(A) propose revised procedures within 12 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006;

`(B) provide 90 days for public review and comments; and

`(C) promulgate final procedures no later than 18 months after the date of enactment of that Act.

`(4) PUBLIC PARTICIPATION- The Secretary is authorized and directed, in cooperation with the Council on Environmental Quality and the Councils, to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.'.

SEC. 108. EMERGENCY REGULATIONS.

(a) Lengthening of Second Emergency Period- Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking `180 days,' and inserting `186 days,'.

(b) Technical Amendment- Section 305(c)(3)(D) (16 U.S.C. 1855(c)(3)(D)) is amended by inserting `or interim measures' after `emergency regulations'.

SEC. 109. JOINT ENFORCEMENT AGREEMENTS.

(a) In General- Section 311 (16 U.S.C. 1861) is amended--

(1) by striking `and' after the semicolon in subsection (b)(1)(A)(iv);

(2) by inserting `and' after the semicolon in subsection (b)(1)(A)(v);

(3) by inserting after clause (v) of subsection (b)(1)(A) the following:

`(vi) access, directly or indirectly, for enforcement purposes any data or information required to be provided under this title or regulations under this title, including data from Global Maritime Distress and Safety Systems, vessel monitoring systems, or any similar system, subject to the confidentiality provisions of section 402;';

(4) by redesignating subsection (h) as subsection (j); and

(5) by inserting after subsection (g) the following:

`(h) Joint Enforcement Agreements-

`(1) IN GENERAL- The Governor of an eligible State may apply to the Secretary for execution of a joint enforcement agreement with the Secretary that will authorize the deputization and funding of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary relating to law enforcement provisions under this title or any other marine resource law enforced by the Secretary. Upon receiving an application meeting the requirements of this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State.

`(2) ELIGIBLE STATE- A State is eligible to participate in the cooperative enforcement agreements under this section if it is in, or bordering on, the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes.

`(3) REQUIREMENTS- Joint enforcement agreements executed under paragraph (1)--

`(A) shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities;

`(B) may include specifications for joint management responsibilities as provided by the first section of Public Law 91-412 (15 U.S.C. 1525); and

`(C) shall provide for confidentiality of data and information submitted to the State under section 402.

`(4) ALLOCATION OF FUNDS- The Secretary shall include in each joint enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be fairly distributed among all eligible States participating in cooperative enforcement agreements under this subsection, based upon consideration of Federal marine enforcement needs, the specific marine conservation enforcement needs of each participating eligible State, and the capacity of the State to undertake the marine enforcement mission and assist with enforcement needs. The agreement may provide for amounts to be withheld by the Secretary for the cost of any technical or other assistance provided to the State by the Secretary under the agreement.

`(i) Improved Data Sharing-

`(1) IN GENERAL- Notwithstanding any other provision of this Act, as soon as practicable but no later than 21 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Amendments Act of 2006, the Secretary shall implement data-sharing measures to make any data required to be provided by this Act from Global Maritime Distress and Safety Systems, vessel monitoring systems, or similar systems--

`(A) directly accessible by State enforcement officers authorized under subsection (a) of this section; and

`(B) available to a State management agency involved in, or affected by, management of a fishery if the State has entered into an agreement with the Secretary under section 402(b)(1)(B) of this Act.

`(2) AGREEMENT REQUIRED- The Secretary shall promptly enter into an agreement with a State under section 402(b)(1)(B) of this Act if--

`(A) the Attorney General or highest ranking legal officer of the State provides a written opinion or certification that State law allows the State to maintain the confidentiality of information required by Federal law to be kept confidential; or

`(B) the Secretary is provided other reasonable assurance that the State can and will protect the identity or business of any person to which such information relates.'.

(b) Report on Using GMDSS for Fishery Purposes- Within 15 months after the date of enactment of this Act, the National Marine Fisheries Service and the Coast Guard shall transmit a joint report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources containing--

(1) a cost-to-benefit analysis of the feasibility, value, and cost of using the Global Maritime Distress and Safety Systems, vessel monitoring systems, or similar systems for fishery management, conservation, enforcement, and safety purposes with the Federal Government bearing the capital costs of any such system;

(2) an examination of the cumulative impact of existing requirements for commercial vessels;

(3) an examination of whether the Global Maritime Distress and Safety Systems or similar requirements would overlap existing requirements or render them redundant;

(4) an examination of how data integration from such systems could be addressed;

(5) an examination of how to maximize the data-sharing opportunities between relevant State and Federal agencies and provide specific information on how to develop these opportunities, including the provision of direct access to the Global Maritime Distress and Safety Systems or similar system data to State enforcement officers, while considering the need to maintain or provide an appropriate level of individual vessel confidentiality where practicable; and

(6) an assessment of how the Global Maritime Distress and Safety Systems or similar systems could be developed, purchased, and distributed to regulated vessels.

SEC. 110. TRANSITION TO SUSTAINABLE FISHERIES.

(a) In General- Section 312 (16 U.S.C. 1861a) is amended--

(1) in subsection (a)(1)(B) by striking `measures;' and inserting `measures, including regulatory restrictions imposed to protect human health or the marine environment and judicially imposed harvest restrictions;';

(2) in subsection (a)(4) by striking `1996, 1997, 1998, and 1999.' and inserting `2007 through 2012.';

(3) in subsection (b)(1) by striking `or the Governor of a State for fisheries under State authority, may conduct a fishing' 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) in subsection (b)(1)(B)(i) by inserting `practicable' after `entrants,';

(5) in subsection (b)(1)(C) by striking `cost-effective and' and inserting `cost-effective and, in the instance of a program involving an industry fee system, prospectively, and';

(6) in subsection (b)(1) by striking `and' after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting `; and', and by adding at the end the following:

`(D) if implemented under paragraph (2)(B), includes measures that will prevent an increase in fishing capacity or effort in other fisheries, including a moratorium on new entrants, practicable restrictions on vessel upgrades, and other effort control measures.';

(7) in subsection (b)(2) by striking subparagraph (A) and inserting the following:

`(A) the owner of a fishing vessel, if the permit authorizing the participation of the vessel in the fishery is surrendered for permanent revocation and the vessel owner and permit holder relinquish any claim associated with the vessel or permit that could qualify such owner or holder for any present or future limited access system permit in the fishery for which the program is established and such vessel is (i) scrapped, or (ii) through the Secretary of the department in which the Coast Guard is operating, subjected to title restrictions (including loss of the vessel's fisheries endorsement) that permanently prohibit and effectively prevent its use in fishing in federal or state waters, or fishing on the high seas or in the waters of a foreign nation; or';

(8) in subsection (b)(4) by striking `The Secretary shall consult, as appropriate, with Councils,' and inserting `The harvester proponents of each program and the Secretary shall consult, as appropriate and practicable, with Councils,';

(9) in subsection (d)(1)(A) by striking `Secretary, at the request of the appropriate Council,' and inserting `Secretary';

(10) in subsection (d)(1)(A) by striking `Secretary, in consultation with the Council,' and inserting `Secretary';

(11) in subsection (d)(1)(B) by striking `a two-thirds majority of the participants voting.' 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) in subsection (d)(2)(C) by striking `establish;' and inserting `establish, unless the Secretary determines that such fees should be collected from the seller;' and

(13) by striking subsection (e) and inserting the following:

`(e) Implementation Plan-

`(1) FRAMEWORK REGULATIONS- The Secretary shall propose and adopt framework regulations applicable to the implementation of all programs under this section.

`(2) PROGRAM REGULATIONS- The Secretary shall implement each program under this section by promulgating regulations that, together with the framework regulations, establish each program and control its implementation.

`(3) HARVESTER PROPONENTS' IMPLEMENTATION PLAN- The Secretary may not propose implementation regulations for a program to be paid for by an industry fee system until the harvester proponents of the program provide to the Secretary a proposed implementation plan that, among other matters--

`(A) proposes the types and numbers of vessels or permits that are eligible to participate in the program and the manner in which the program shall proceed, taking into account--

`(i) the requirements of this section;

`(ii) the requirements of the framework regulations;

`(iii) the characteristics of the fishery;

`(iv) the requirements of the applicable fishery management plan and any amendment that such plan may require to support the proposed program;

`(v) the general needs and desires of harvesters in the fishery;

`(vi) the need to minimize program costs; and

`(vii) other matters, including the manner in which such proponents propose to fund the program to ensure its cost effectiveness, as well as any relevant factors demonstrating the potential for, or necessary to obtain, the support and general cooperation of a substantial number of affected harvesters in the fishery (or portion of the fishery) for which the program is intended; and

`(B) proposes procedures for program participation (such as submission of owner bids under an auction system or fair market-value assessment), including any terms and conditions for participation, that the harvester proponents deem to be reasonably necessary to meet the program's proposed objectives.

`(4) PARTICIPATION CONTRACTS- The Secretary shall contract with each person participating in a program, and each such contract shall, in addition to including such other matters as the Secretary deems necessary and appropriate to effectively implement each program (including penalties for contract non-performance) be consistent with the framework and implementing regulations and all other applicable law.

`(5) REDUCTION AUCTIONS- Each program not involving fair market assessment shall involve a reduction auction that scores the reduction price of each bid offer by the data relevant to each bidder under an appropriate fisheries productivity factor. If the Secretary accepts bids, the Secretary shall accept responsive bids in the rank order of their bid scores, starting with the bid whose reduction price is the lowest percentage of the productivity factor, and successively accepting each additional responsive bid in rank order until either there are no more responsive bids or acceptance of the next bid would cause the total value of bids accepted to exceed the amount of funds available for the program.

`(6) BID INVITATIONS- Each program shall proceed by the Secretary issuing invitations to bid setting out the terms and conditions for participation consistent with the framework and implementing regulations. Each bid that the Secretary receives in response to the invitation to bid shall constitute an irrevocable offer from the bidder.'.

(b) Technical Amendment- Sections 116, 203, 204, 205, and 206 of the Sustainable Fisheries Act are deemed to have added sections 312, 402, 403, 404, and 405, respectively to the Act as of the date of enactment of the Sustainable Fisheries Act.

(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;

(D) recommendation of a possible format of a fishing vessel buyout program; and

(E) 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. 111. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY PROGRAM.

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

`SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY PROGRAM.

`(a) In General- When there is a catastrophic regional fishery disaster the Secretary may, upon the request of, and in consultation with, the Governors of affected States, establish a regional economic transition program to provide immediate disaster relief assistance to the fishermen, charter fishing operators, United States fish processors, and owners of related fishery infrastructure affected by the disaster.

`(b) Program Components-

`(1) IN GENERAL- Subject to the availability of appropriations, the program shall provide funds or other economic assistance to affected entities, or to governmental entities for disbursement to affected entities, for--

`(A) meeting immediate regional shoreside fishery infrastructure needs, including processing facilities, cold storage facilities, ice houses, docks, including temporary docks and storage facilities, and other related shoreside fishery support facilities and infrastructure;

`(B) financial assistance and job training assistance for fishermen who wish to remain in a fishery in the region that may be temporarily closed as a result of environmental or other effects associated with the disaster;

`(C) funding, pursuant to the requirements of section 312(b), to fishermen who are willing to scrap a fishing vessel and permanently surrender permits for fisheries named on that vessel; and

`(D) any other activities authorized under section 312(a) of this Act or section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)).

`(2) JOB TRAINING- Any fisherman who decides to scrap a fishing vessel under the program shall be eligible for job training assistance.

`(3) STATE PARTICIPATION OBLIGATION- The participation by a State in the program shall be conditioned upon a commitment by the appropriate State entity to ensure that the relevant State fishery meets the requirements of section 312(b) of this Act to ensure excess capacity does not re-enter the fishery.

`(4) NO MATCHING REQUIRED- The Secretary may waive the matching requirements of section 312 of this Act, section 308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107), and any other provision of law under which the Federal share of the cost of any activity is limited to less than 100 percent if the Secretary determines that--

`(A) no reasonable means are available through which applicants can meet the matching requirement; and

`(B) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the matching requirement.

`(5) NET REVENUE LIMIT INAPPLICABLE- Section 308(d)(3) of the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) shall not apply to assistance under this section.

`(c) Regional Impact Evaluation- Within 2 months after a catastrophic regional fishery disaster the Secretary shall provide the Governor of each State participating in the program a comprehensive economic and socio-economic evaluation of the affected region's fisheries to assist the Governor in assessing the current and future economic viability of affected fisheries, including the economic impact of foreign fish imports and the direct, indirect, or environmental impact of the disaster on the fishery and coastal communities.

`(d) Catastrophic Regional Fishery Disaster Defined- In this section the term `catastrophic regional fishery disaster' means a natural disaster, including a hurricane or tsunami, or a judicial or regulatory closure to protect human health or the marine environment, that--

`(1) results in economic losses to coastal or fishing communities;

`(2) affects more than 1 State or a major fishery managed by a Council or interstate fishery commission; and

`(3) is determined by the Secretary to be a commercial fishery failure under section 312(a) of this Act or a fishery resource disaster or section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)).'.

SEC. 112. 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 2012, not to exceed amounts authorized under subsection (d).

(4) To provide opportunities for loan forgiveness, as specified in subsection (c).

(b) Loan Forgiveness-

(1) IN GENERAL- Upon application made by an eligible holder of a fishery finance program loan, made at such time, in such manner, and containing such information as the Secretary may require, the Secretary, on a calendar year basis beginning in 2005, may--

(A) offset against the outstanding balance on the loan an amount equal to the sum of the amounts expended by the holder during the calendar year to repair or replace covered vessels or facilities, or to invest in new fisheries infrastructure within or for use within the declared fisheries disaster area; or

(B) cancel the amount of debt equal to 100 hundred percent of actual expenditures on eligible repairs, reinvestment, expansion, or new investment in fisheries infrastructure in the disaster region, or repairs to, or replacement of, eligible fishing vessels.

(1) DECLARED FISHERIES DISASTER AREA- The term `declared fisheries disaster area' means fisheries located in the major disaster area designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina or Hurricane Rita.

(2) ELIGIBLE HOLDER- The term `eligible holder' means the holder of a fishery finance program loan if--

(A) that loan is used to guarantee or finance any fishing vessel or fish processing facility home-ported or located within the declared fisheries disaster area; and

(B) the holder makes expenditures to repair or replace such covered vessels or facilities, or invests in new fisheries infrastructure within or for use within the declared fisheries disaster area, to restore such facilities following the disaster.

(3) FISHERY FINANCE PROGRAM LOAN- The term `fishery finance program loan' means a loan made or guaranteed under the fishery finance program under title XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1271 et seq.).

(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Commerce for the purposes of this section not more than $15,000,000 for each eligible holder for