109th CONGRESS
2d Session
S. 2012
AN ACT
To authorize appropriations to the Secretary of Commerce for the
Magnuson-Stevens Fishery Conservation and Management Act for fiscal years
2006 through 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Management
Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Ppacific sustainable fisheries fund.
Sec. 7. Authorization of appropriations.
Title I--Conservation and Management
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and recovery
program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal
habitats.
Sec. 119. Prohibited acts.
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. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund
for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on shrimp and oyster fisheries and habitats.
Sec. 214. Northwest Pacific fisheries conservation.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Title III--Other Fisheries Statutes
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries acts.
Title IV--International
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific Insular Area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
Title V--Implementation of Western and Central Pacific Fisheries Convention
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
Title VI--Pacific Whiting
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the Secretary.
Sec. 609. Administrative matters.
Sec. 611. Authorization of appropriations.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT
ACT.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) ECOSYSTEMS- Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at
the end the following:
`(11) A number of the Fishery Management Councils have demonstrated significant
progress in integrating ecosystem considerations in fisheries management
using the existing authorities provided under this Act.'.
(b) IN GENERAL- Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (6) the following:
`(6A) The term `confidential information' means--
`(B) commercial or financial information the disclosure of which is
likely to result in substantial harm to the competitive position of
the person who submitted the information to the Secretary.';
(2) by inserting after paragraph (13) the following:
`(13A) The term `regional fishery association' means an association formed
for the mutual benefit of members--
`(A) to meet social and economic needs in a region or subregion; and
`(B) comprised of persons engaging in the harvest or processing of fishery
resources in that specific region or subregion or who otherwise own
or operate businesses substantially dependent upon a fishery.';
(3) by inserting after paragraph (20) the following:
`(20A) The term `import'--
`(A) means to land on, bring into, or introduce into, or attempt to
land on, bring into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of
the United States; but
`(B) does not include any activity described in subparagraph (A) with
respect to fish caught in the exclusive economic zone or by a vessel
of the United States.';
(4) by inserting after paragraph (23) the following:
`(23A) The term `limited access privilege'--
`(A) means a Federal permit, issued as part of a limited access system
under section 303A to harvest a quantity of fish expressed by a unit
or units representing a portion of the total allowable catch of the
fishery that may be received or held for exclusive use by a person;
and
`(B) includes an individual fishing quota; but
`(C) does not include community development quotas as described in section
305(i).
`(23B) The term `limited access system' means a system that limits participation
in a fishery to those satisfying certain eligibility criteria or requirements
contained in a fishery management plan or associated regulation.'; and
(5) by inserting after paragraph (27) the following:
`(27A) The term `observer information' means any information collected,
observed, retrieved, or created by an observer or electronic monitoring
system pursuant to authorization by the Secretary, or collected as part
of a cooperative research initiative, including fish harvest or processing
observations, fish sampling or weighing data, vessel logbook data, vessel
or processor-specific information (including any safety, location, or
operating condition observations), and video, audio, photographic, or
written documents.'.
(c) REDESIGNATION- Paragraphs (1) through (45) of section 3 (16 U.S.C. 1802),
as amended by subsection (a), are redesignated as paragraphs (1) thorough
(51), respectively.
(d) CONFORMING AMENDMENTS-
(1) The following provisions of the Act are amended by striking `an individual
fishing quota' and inserting `a limited access privilege':
(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 1883(a)(1)(D); (c)(1)).
(2) The following provisions of the Act are amended by striking `individual
fishing quota' and inserting `limited access privilege':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
(C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by striking `individual
fishing quotas,' and inserting `limited access privileges,'.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting `(a) IN GENERAL- ' before `The'; and
(2) by adding at the end the following:
`(b) TRADITIONAL PARTICIPATION- In managing any fisheries under an international
fisheries agreement to which the United States is a party, the appropriate
Council or Secretary shall take into account the traditional participation
in the fishery, relative to other nations, by fishermen of the United States
on fishing vessels of the United States.
`(c) PROMOTION OF STOCK MANAGEMENT- If a relevant international fisheries
organization does not have a process for developing a formal plan to rebuild
a depleted stock, an overfished stock, or a stock that is approaching a
condition of being overfished, the provisions of this Act in this regard
shall be communicated to and promoted by the United States in the international
or regional fisheries organization.'.
SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended--
(1) by striking `shall be' and inserting `is';
(2) by striking `will not' and inserting `cannot, or will not,';
(3) by inserting after `Act.' the following: `Allocations of the total
allowable level of foreign fishing are discretionary, except that the
total allowable level shall be zero for fisheries determined by the Secretary
to have adequate or excess harvest capacity.'
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
(1) by inserting `and any funds or contributions received in support of
conservation and management objectives under a marine conservation plan'
after `agreement' in paragraph (7); and
(2) by inserting after `paragraph (4).' in paragraph (8) the following:
`In the case of violations by foreign vessels occurring within the exclusive
economic zones off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra
Atoll, Jarvis, Howland, Baker, and Wake Islands, amounts received by the
Secretary attributable to fines and penalties imposed under this Act,
shall be deposited into the Western Pacific Sustainable Fisheries Fund
established under paragraph (7) of this subsection.'.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
`SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Secretary to carry out the
provisions of this Act--
`(1) $328,004,000 for fiscal year 2006;
`(2) $337,844,000 for fiscal year 2007;
`(3) $347,684,000 for fiscal year 2008;
`(4) $357,524,000 for fiscal year 2009;
`(5) $367,364,000 for fiscal year 2010;
`(6) $377,204,000 for fiscal year 2011; and
`(7) $387,044,000 for fiscal year 2012.'.
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. CUMULATIVE IMPACTS.
(a) NATIONAL STANDARDS- Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended
by inserting `by utilizing economic and social data that meet the requirements
of paragraph (2),' after `fishing communities'.
(b) CONTENTS OF PLANS- Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended
by striking `describe the likely effects, if any, of the conservation and
management measures on--' and inserting `analyze the likely effects, if
any, including the cumulative economic and social impacts, of the conservation
and management measures on, and possible mitigation measures for--'.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by inserting `and
of commonwealths, territories, and possessions of the United States in the
Caribbean Sea' after `seaward of such States'.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) TRIBAL ALTERNATE ON PACIFIC COUNCIL- Section 302(b)(5) (16 U.S.C. 1852(b)(5))
is amended by adding at the end thereof the following:
`(D) The tribal representative appointed under subparagraph (A) may designate
as an alternate, during the period of the representative's term, an individual
knowledgeable concerning tribal rights, tribal law, and the fishery resources
of the geographical area concerned.'.
(b) SCIENTIFIC AND STATISTICAL COMMITTEES- Section 302(g) (16 U.S.C. 1852(g))
is amended--
(1) by striking so much of subsection (g) as precedes paragraph (2) and
inserting the following:
`(g) Committees and Advisory Panels-
`(1)(A) Each Council shall establish, maintain, and appoint the members
of a scientific and statistical committee to assist it in the development,
collection, evaluation, and peer review of such statistical, biological,
economic, social, and other scientific information as is relevant to such
Council's development and amendment of any fishery management plan.
`(B) Each scientific and statistical committee shall provide its Council
ongoing scientific advice for fishery management decisions, including
recommendations for acceptable biological catch or maximum sustainable
yield, and reports on stock status and health, bycatch, habitat status,
socio-economic impacts of management measures, and sustainability of fishing
practices.
`(C) Members appointed by the Councils to the scientific and statistical
committees shall be Federal employees, State employees, academicians,
or independent experts with strong scientific or technical credentials
and experience.
`(D) The Secretary and each Council may establish a peer review process
for that Council for scientific information used to advise the Council
about the conservation and management of the fishery. The review process,
which may include existing committees or panels, is deemed to satisfy
the requirements of the guidelines issued pursuant to section 515 of the
Treasury and General Government Appropriations Act for Fiscal year 2001
(Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
`(E) In addition to the provisions of section 302(f)(7), the Secretary
may pay a stipend to members of the scientific and statistical committees
or advisory panels who are not employed by the Federal government or a
State marine fisheries agency.';
(2) by striking `other' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through (5) 2 ems from
the left.
(c) COUNCIL FUNCTIONS- Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by striking `authority, and' in paragraph (5) and inserting `authority;';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
`(6) develop annual catch limits for each of its managed fisheries after
considering the recommendations of its scientific and statistical committee
or the peer review process established under subsection (g); and'.
(d) REGULAR AND EMERGENCY MEETINGS- Section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C))
is amended by striking `published in local newspapers in the major fishing
ports of the region (and in other major fishing ports having a direct interest
in the affected fishery) and such notice may be given by such other means
as will result in wide publicity.' and inserting `provided by any means
that will result in wide publicity in the major fishing ports of the region
(and in other major fishing ports having a direct interest in the affected
fishery), except that e-mail notification and website postings alone are
not sufficient.'.
(e) CLOSED MEETINGS- Section 302(i)(3)(B) (16 U.S.C. 1852(i)(3)(B)) is amended
by striking `notify local newspapers in the major fishing ports within its
region (and in other major, affected fishing ports,' and inserting `provide
notice by any means that will result in wide publicity in the major fishing
ports of the region (and in other major fishing ports having a direct interest
in the affected fishery),'.
(f) TRAINING- Section 302 (16 U.S.C. 1852) is amended by adding at the end
the following:
`(k) Council Training Program-
`(1) TRAINING COURSE- Within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act
of 2006, the Secretary, in consultation with the Councils and the National
Sea Grant College Program, shall develop a training course for newly appointed
Council members. The course may cover a variety of topics relevant to
matters before the Councils, including--
`(A) fishery science and basic stock assessment methods;
`(B) fishery management techniques, data needs, and Council procedures;
`(C) social science and fishery economics;
`(D) tribal treaty rights and native customs, access, and other rights
related to Western Pacific indigenous communities;
`(E) legal requirements of this Act, including conflict of interest
and disclosure provisions of this section and related policies;
`(F) other relevant legal and regulatory requirements, including the
National Environmental Policy Act (42 U.S.C. 4321 et seq.);
`(G) public process for development of fishery management plans; and
`(H) other topics suggested by the Council.
`(2) MEMBER TRAINING- The training course shall be available to both new
and existing Council members, and may be made available to committee or
advisory panel members as resources allow.
`(l) COUNCIL COORDINATION COMMITTEE- The Councils may establish a Council
coordination committee consisting of the chairs, vice chairs, and executive
directors of each of the 8 Councils described in subsection (a)(1), or other
Council members or staff, in order to discuss issues of relevance to all
Councils, including issues related to the implementation of this Act.'.
(g) PROCEDURAL MATTERS- Section 302(i) (16 U.S.C. 1852(i)) is amended--
(1) by striking `to the Councils or to the scientific and statistical
committees or advisory panels established under subsection (g).' in paragraph
(1) and inserting `to the Councils, the Council coordination committee
established under subsection (l), or to the scientific and statistical
committees or other committees or advisory panels established under subsection
(g).';
(2) by striking `of a Council, and of the scientific and statistical committee
and advisory panels established under subsection (g):' in paragraph (2)
and inserting `of a Council, of the Council coordination committee established
under subsection (l), and of the scientific and statistical committees
or other committees or advisory panels established under subsection (g):';
and
(3) by inserting `the Council Coordination Committee established under
subsection (1),' in paragraph (3)(A) after `Council,'; and
(4) by inserting `other committees,' in paragraph (3)(A) after `committee,'.
(h) CONFLICTS OF INTEREST- Section 302(j) (16 U.S.C. 1852(j)) is amended--
(1) by inserting `lobbying, advocacy,' after `processing,' in paragraph
(2);
(2) by striking `jurisdiction.' in paragraph (2) and inserting `jurisdiction,
or with respect to an individual or organization with a financial interest
in such activity.';
(3) by striking subparagraph (B) of paragraph (5) and inserting the following:
`(B) be kept on file by the Council and made available on the Internet
and for public inspection at the Council offices during reasonable hours;
and'; and
(4) by adding at the end the following:
`(9) On January 1, 2008, and annually thereafter, the Secretary shall submit
a report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Resources on action taken
by the Secretary and the Councils to implement the disclosure of financial
interest and recusal requirements of this subsection.'.
(i) GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL- Section 302(b)(2) (16 U.S.C.
1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following:
`(D)(i) The Secretary shall appoint to the Gulf of Mexico Fisheries Management
Council--
`(I) 5 representatives of the commercial fishing sector;
`(II) 5 representatives of the recreational fishing or charter fishing
sectors; and
`(III) 1 other individual who is knowledgeable regarding the conservation
and management of fisheries resources in the jurisdiction of the Council.
`(ii) The Governor of a State submitting a list of names of individuals
for appointment by the Secretary of Commerce to the Gulf of Mexico Fisheries
Management Council under subparagraph (C) shall include--
`(I) at least 1 nominee each from the commercial, recreational, and charter
fishing sectors; and
`(II) at least 1 other individual who is knowledgeable regarding the conservation
and management of fisheries resources in the jurisdiction of the Council.
`(iii) Notwithstanding the requirements of 302(b)(2)(C), if the Secretary
determines that the list of names submitted by the Governor does not meet
the requirements of clause (ii), the Secretary shall--
`(I) publish a notice in the Federal Register asking the residents of
that State to submit the names and pertinent biographical data of individuals
who would meet the requirement not met for appointment to the Council;
and
`(II) add the name of any qualified individual submitted by the public
who meets the unmet requirement to the list of names submitted by the
Governor.
`(iv) For purposes of clause (ii), an individual who owns or operates a
fish farm outside of the Unites States shall not be considered to be a representative
of the commercial fishing sector.
`(v) The requirements of subparagraph (D) shall expire at the end of fiscal
year 2012.'.
(j) Report and Recommendations on Gulf Council Amendment-
(1) IN GENERAL- Before August, 2011, the Secretary of Commerce, in consultation
with the Gulf of Mexico Fisheries Management Council, shall analyze the
impact of the amendment made by subsection (i) and determine whether section
302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair and balanced apportionment
of the active participants in the commercial and recreational fisheries
under the jurisdiction of the Council.
(2) REPORT- By no later than August, 2011, the Secretary shall transmit
a report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Resources setting forth
the Secretary's findings and determination, including any recommendations
for legislative or other changes that may be necessary to achieve such
a fair and balanced apportionment, including whether to renew the authority.
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) IN GENERAL- Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) striking `and charter fishing' in paragraph (5) and inserting `charter
fishing, and fish processing';
(2) by inserting `economic information necessary to meet the requirements
of this Act,' in paragraph (5) after `number of hauls,';
(3) by striking `fishery' the first place it appears in paragraph (13)
and inserting `fishery, including its economic impact,';
(4) by striking `and' after the semicolon in paragraph (13);
(5) by striking `allocate' in paragraph (14) and inserting `allocate,
taking into consideration the economic impact of the harvest restrictions
or recovery benefits on the fishery participants in each sector,';
(6) by striking `fishery.' in paragraph (14) and inserting `fishery;';
and
(7) by adding at the end the following:
`(15) establish a mechanism for specifying annual catch limits in the
plan (including a multiyear plan), implementing regulations, or annual
specifications, at a level such that optimum yield is not exceeded in
the fishery; and
`(16) establish a mechanism under which harvests exceeding the specified
annual catch limit (including the specified annual catch limit for a sector)
shall be deducted in the following fishing year, or the next action in
a multiyear specification that establishes or adjusts annual catch limits
(including those specified for that sector), and which may use the type
of adjustment measures already relied on in the plan, unless sufficient
information on the harvest level cannot be obtained in that timeframe,
but the deduction shall occur not later than 3 fishing years after the
close of the fishing year in which the overage occurs.'.
(b) EFFECTIVE DATES; APPLICATION TO CERTAIN SPECIES- The amendment made
by subsection (a)(7)--
(A) in fishing year 2010 for fisheries determined by the Secretary to
be subject to overfishing; and
(B) in fishing year 2011 for all other fisheries; and
(2) shall not apply to a fishery for species that have a life cycle of
approximately 1 year unless the Secretary has determined the fishery is
subject to overfishing.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting `(A)' after `(2)' in paragraph (2);
(2) by inserting after paragraph (2) the following:
`(B) designate such zones in areas where deep sea corals are identified
under section 408, to protect deep sea corals from physical damage from
fishing gear or to prevent loss or damage to such fishing gear from interactions
with deep sea corals, after considering long-term sustainable uses of
fishery resources in such areas; and
`(C) with respect to any closure of an area under this Act that prohibits
all fishing, ensure that such closure--
`(i) is based on the best scientific information available;
`(ii) includes criteria to assess the conservation benefit of the closed
area;
`(iii) establishes a timetable for review of the closed area's performance
that is consistent with the purposes of the closed area; and
`(iv) is based on an assessment of the benefits and impacts of the closure,
including its size, in relation to other management measures (either
alone or in combination with such measures), including the benefits
and impacts of limiting access to: users of the area, overall fishing
activity, fishery science, and fishery and marine conservation;';
(3) by striking `fishery;' in paragraph (5) and inserting `fishery and
take into account the different circumstances affecting fisheries from
different States and ports, including distances to fishing grounds and
proximity to time and area closures;';
(4) by striking paragraph (6) and inserting the following:
`(6) establish a limited access system for the fishery in order to achieve
optimum yield if, in developing such system, the Council and the Secretary
take into account--
`(A) present participation in the fishery;
`(B) historical fishing practices in, and dependence on, the fishery;
`(C) the economics of the fishery;
`(D) the capability of fishing vessels used in the fishery to engage
in other fisheries;
`(E) the cultural and social framework relevant to the fishery and any
affected fishing communities;
`(F) the fair and equitable distribution of access privileges in the
fishery; and
`(G) any other relevant considerations;';
(5) by striking `(other than economic data)' in paragraph (7);
(6) by striking `and' after the semicolon in paragraph (11); and
(7) by redesignating paragraph (12) as paragraph (14) and inserting after
paragraph (11) the following:
`(12) establish a process for complying with the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) pursuant to section 304(h) of this
Act;
`(13) include management measures in the plan to conserve target and non-target
species and habitats, considering the variety of ecological factors affecting
fishery populations; and'.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) IN GENERAL- Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
`SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
`(a) IN GENERAL- After the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, a Council may submit,
and the Secretary may approve, for a fishery that is managed under a limited
access system, a limited access privilege program to harvest fish if the
program meets the requirements of this section.
`(b) NO CREATION OF RIGHT, TITLE, OR INTEREST- Limited access privilege,
quota share, or other limited access system authorization established, implemented,
or managed under this Act--
`(1) shall be considered a permit for the purposes of sections 307, 308,
and 309;
`(2) may be revoked, limited, or modified at any time in accordance with
this Act, including revocation for failure to comply with the terms of
the plan or if the system is found to have jeopardized the sustainability
of the stock or the safety of fishermen;
`(3) shall not confer any right of compensation to the holder of such
limited access privilege, quota share, or other such limited access system
authorization if it is revoked, limited, or modified;
`(4) shall not create, or be construed to create, any right, title, or
interest in or to any fish before the fish is harvested by the holder;
and
`(5) shall be considered a grant of permission to the holder of the limited
access privilege or quota share to engage in activities permitted by such
limited access privilege or quota share.
`(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES-
`(1) IN GENERAL- Any limited access privilege program to harvest fish
submitted by a Council or approved by the Secretary under this section
shall--
`(A) if established in a fishery that is overfished or subject to a
rebuilding plan, assist in its rebuilding; and
`(B) if established in a fishery that is determined by the Secretary
or the Council to have over-capacity, contribute to reducing capacity;
`(ii) fishery conservation and management;
`(D) prohibit any person other than a United States citizen, a corporation,
partnership, or other entity established under the laws of the United
States or any State, or a permanent resident alien, that meets the eligibility
and participation requirements established in the program from acquiring
a privilege to harvest fish, including any person that acquires a limited
access privilege solely for the purpose of perfecting or realizing on
a security interest in such privilege;
`(E) require that all fish harvested under a limited access privilege
program be processed on vessels of the United States or on United States
soil (including any territory of the United States);
`(F) specify the goals of the program;
`(G) include provisions for the regular monitoring and review by the
Council and the Secretary of the operations of the program, including
determining progress in meeting the goals of the program and this Act,
and any necessary modification of the program to meet those goals, with
a formal and detailed review 5 years after the establishment of the
program and every 5 years thereafter;
`(H) include an effective system for enforcement, monitoring, and management
of the program, including the use of observers or electronic monitoring
systems;
`(I) include an appeals process for administrative review of the Secretary's
decisions regarding initial allocation of limited access privileges;
`(J) provide for the establishment by the Secretary, in consultation
with the Department of Justice and the Federal Trade Commission, for
an information collection and review process to provide any additional
information needed by the Department of Justice and the Federal Trade
Commission to determine whether any illegal acts of anti-competition,
anti-trust, price collusion, or price fixing have occurred among regional
fishery associations or persons receiving limited access privileges
under the program; and
`(K) provide for the revocation by the Secretary of limited access privileges
held by any person found to have violated the antitrust laws of the
United States.
`(2) WAIVER- The Secretary may waive the requirement of paragraph (1)(E)
if the Secretary determines that--
`(A) the fishery has historically processed the fish outside of the
United States; and
`(B) the United States has a seafood safety equivalency agreement with
the country where processing will occur.
`(3) Fishing communities-
`(i) ELIGIBILITY- To be eligible to participate in a limited access
privilege program to harvest fish, a fishing community shall--
`(I) be located within the management area of the relevant Council;
`(II) meet criteria developed by the relevant Council, approved
by the Secretary, and published in the Federal Register;
`(III) consist of residents who conduct commercial or recreational
fishing, processing, or fishery-dependent support businesses within
the Council's management area; and
`(IV) develop and submit a community sustainability plan to the
Council and the Secretary that demonstrates how the plan will address
the social and economic development needs of fishing communities,
including those that have not historically had the resources to
participate in the fishery, for approval based on criteria developed
by the Council that have been approved by the Secretary and published
in the Federal Register.
`(ii) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny limited
access privileges granted under this section for any person who fails
to comply with the requirements of the community sustainability plan.
`(B) PARTICIPATION CRITERIA- In developing participation criteria for
eligible communities under this paragraph, a Council shall consider--
`(i) traditional fishing or processing practices in, and dependence
on, the fishery;
`(ii) the cultural and social framework relevant to the fishery;
`(iii) economic barriers to access to fishery;
`(iv) the existence and severity of projected economic and social
impacts associated with implementation of limited access privilege
programs on harvesters, captains, crew, processors, and other businesses
substantially dependent upon the fishery in the region or subregion;
`(v) the expected effectiveness, operational transparency, and equitability
of the community sustainability plan; and
`(vi) the potential for improving economic conditions in remote coastal
communities lacking resources to participate in harvesting or processing
activities in the fishery.
`(4) Regional fishery associations-
`(A) IN GENERAL- To be eligible to participate in a limited access privilege
program to harvest fish, a regional fishery association shall--
`(i) be located within the management area of the relevant Council;
`(ii) meet criteria developed by the relevant Council, approved by
the Secretary, and published in the Federal Register;
`(iii) be a voluntary association with established by-laws and operating
procedures;
`(iv) consist of participants in the fishery who hold quota share
that are designated for use in the specific region or subregion covered
by the regional fishery association, including commercial or recreational
fishing, processing, fishery-dependent support businesses, or fishing
communities;
`(v) not be eligible to receive an initial allocation of a limited
access privilege but may acquire such privileges after the initial
allocation, and may hold the annual fishing privileges of any limited
access privileges it holds or the annual fishing privileges that is
members contribute; and
`(vi) develop and submit a regional fishery association plan to the
Council and the Secretary for approval based on criteria developed
by the Council that have been approved by the Secretary and published
in the Federal Register.
`(B) FAILURE TO COMPLY WITH PLAN- The Secretary shall deny limited access
privileges granted under this section to any person participating in
a regional fishery association who fails to comply with the requirements
of the regional fishery association plan.
`(C) PARTICIPATION CRITERIA- In developing participation criteria for
eligible regional fishery associations under this paragraph, a Council
shall consider--
`(i) traditional fishing or processing practices in, and dependence
on, the fishery;
`(ii) the cultural and social framework relevant to the fishery;
`(iii) economic barriers to access to fishery;
`(iv) the existence and severity of projected economic and social
impacts associated with implementation of limited access privilege
programs on harvesters, captains, crew, processors, and other businesses
substantially dependent upon the fishery in the region or subregion;
`(v) the administrative and fiduciary soundness of the association;
and
`(vi) the expected effectiveness, operational transparency, and equitability
of the fishery association plan.
`(5) ALLOCATION- In developing a limited access privilege program to harvest
fish a Council or the Secretary shall--
`(A) establish procedures to ensure fair and equitable initial allocations,
including consideration of--
`(i) current and historical harvests;
`(ii) employment in the harvesting and processing sectors;
`(iii) investments in, and dependence upon, the fishery; and
`(iv) the current and historical participation of fishing communities;
`(B) to the extent practicable, consider the basic cultural and social
framework of the fishery, especially through--
`(i) the development of policies to promote the sustained participation
of small owner-operated fishing vessels and fishing communities that
depend on the fisheries, including regional or port-specific landing
or delivery requirements; and
`(ii) procedures to address concerns over excessive geographic or
other consolidation in the harvesting or processing sectors of the
fishery;
`(C) include measures to assist, when necessary and appropriate, entry-level
and small vessel owner-operators, captains, crew, and fishing communities
through set-asides of harvesting allocations, including providing privileges,
which may include set-asides or allocations of harvesting privileges,
or economic assistance in the purchase of limited access privileges;
`(D) ensure that limited access privilege holders do not acquire an
excessive share of the total limited access privileges in the program
by--
`(i) establishing a maximum share, expressed as a percentage of the
total limited access privileges, that a limited access privilege holder
is permitted to hold, acquire, or use; and
`(ii) establishing any other limitations or measures necessary to
prevent an inequitable concentration of limited access privileges;
and
`(E) authorize limited access privileges to harvest fish to be held,
acquired, used by, or issued under the system to persons who substantially
participate in the fishery, including in a specific sector of such fishery,
as specified by the Council.
`(A) LIMITATION- Except as provided in subparagraph (D), a Council may
initiate a fishery management plan or amendment to establish a limited
access privilege program to harvest fish on its own initiative or if
the Secretary has certified an appropriate petition.
`(B) PETITION- A group of fishermen constituting more than 50 percent
of the permit holders, or holding more than 50 percent of the allocation,
in the fishery for which a limited access privilege program to harvest
fish is sought, may submit a petition to the Secretary requesting that
the relevant Council or Councils with authority over the fishery be
authorized to initiate the development of the program. Any such petition
shall clearly state the fishery to which the limited access privilege
program would apply. For multispecies permits in the Gulf, only those
participants who have substantially fished the species proposed to be
included in the limited access program shall be eligible to sign a petition
for such a program and shall serve as the basis for determining the
percentage described in the first sentence of this subparagraph.
`(C) CERTIFICATION BY SECRETARY- Upon the receipt of any such petition,
the Secretary shall review all of the signatures on the petition and,
if the Secretary determines that the signatures on the petition represent
more than 50 percent of the permit holders, or holders of more than
50 percent of the allocation in the fishery, as described by subparagraph
(B), the Secretary shall certify the petition to the appropriate Council
or Councils.
`(D) New england and gulf referendum-
`(i) Except as provided in clause (iii) for the Gulf of Mexico commercial
red snapper fishery, the New England and Gulf Councils may not submit,
and the Secretary may not approve or implement, a fishery management
plan or amendment that creates an individual fishing quota program,
including a Secretarial plan, unless such a system, as ultimately
developed, has been approved by more than 2/3 of those voting in a
referendum among eligible permit holders with respect to the New England
Council, and by a majority of those voting in the referendum among
eligible permit holders with respect to the Gulf Council. For multispecies
permits in the Gulf, only those participants who have substantially
fished the species proposed to be included in the individual fishing
quota program shall be eligible to vote in such a referendum. If an
individual fishing quota program fails to be approved by the requisite
number of those voting, it may be revised and submitted for approval
in a subsequent referendum.
`(ii) The Secretary shall conduct a referendum under this subparagraph,
including notifying all persons eligible to participate in the referendum
and making available to them information concerning the schedule,
procedures, and eligibility requirements for the referendum process
and the proposed individual fishing quota program. Within 1 year after
the date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the Secretary shall publish
guidelines and procedures to determine procedures and voting eligibility
requirements for referenda and to conduct such referenda in a fair
and equitable manner.
`(iii) The provisions of section 407(c) of this Act shall apply in
lieu of this subparagraph for an individual fishing quota program
for the Gulf of Mexico commercial red snapper fishery.
`(iv) Chapter 35 of title 44, United States Code, (commonly known
as the Paperwork Reduction Act) does not apply to the referenda conducted
under this subparagraph.
`(7) TRANSFERABILITY- In establishing a limited access privilege program,
a Council shall--
`(A) establish a policy on the transferability of limited access privileges
(through sale or lease), that is consistent with the policies adopted
by the Council for the fishery under paragraph (5); and
`(B) establish criteria for the approval and monitoring of transfers
(including sales and leases) of limited access privileges.
`(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL PLANS- This subsection
also applies to a plan prepared and implemented by the Secretary under
section 304(c) or 304(g).
`(9) ANTITRUST SAVINGS CLAUSE- Nothing in this Act shall be construed
to modify, impair, or supersede the operation of any of the antitrust
laws. For purposes of the preceding sentence, the term `antitrust laws'
has the meaning given such term in subsection (a) of the first section
of the Clayton Act, except that such term includes section 5 of the Federal
Trade Commission Act to the extent that such section 5 applies to unfair
methods of competition.
`(d) AUCTION AND OTHER PROGRAMS- In establishing a limited access privilege
program, a Council may consider, and provide for, if appropriate, an auction
system or other program to collect royalties for the initial, or any subsequent,
distribution of allocations in a limited access privilege program if--
`(1) the system or program is administered in such a way that the resulting
distribution of limited access privilege shares meets the program requirements
of this section; and
`(2) revenues generated through such a royalty program are deposited in
the Limited Access System Administration Fund established by section 305(h)(5)(B)
and available subject to annual appropriations.
`(e) COST RECOVERY- In establishing a limited access privilege program,
a Council shall--
`(1) develop a methodology and the means to identify and assess the management,
data collection and analysis, and enforcement programs that are directly
related to and in support of the program; and
`(2) provide, under section 304(d)(2), for a program of fees paid by limited
access privilege holders that will cover the costs of management, data
collection and analysis, and enforcement activities.
`(f) LIMITED DURATION- In establishing a limited access privilege program
after the date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, a Council may establish--
`(1) a set term after which any initial or subsequent allocation of a
limited access privilege shall expire;
`(2) different set terms within a fishery if the Council determines that
variation of terms will further management goals; and
`(3) a mechanism under which participants in and entrants to the program
may acquire or reacquire allocations.
`(g) LIMITED ACCESS PRIVILEGE ASSISTED PURCHASE PROGRAM-
`(1) IN GENERAL- A Council may submit, and the Secretary may approve and
implement, a program which reserves up to 25 percent of any fees collected
from a fishery under section 304(d)(2) to be used, pursuant to section
1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)),
to issue obligations that aid in financing--
`(A) the purchase of limited access privileges in that fishery by fishermen
who fish from small vessels; and
`(B) the first-time purchase of limited access privileges in that fishery
by entry level fishermen.
`(2) ELIGIBILITY CRITERIA- A Council making a submission under paragraph
(1) shall recommend criteria, consistent with the provisions of this Act,
that a fisherman must meet to qualify for guarantees under subparagraphs
(A) and (B) of paragraph (1) and the portion of funds to be allocated
for guarantees under each subparagraph.
`(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS- Nothing in this Act,
or the amendments made by the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, shall be construed to require a
reallocation or a reevaluation of individual quota shares, processor quota
shares, cooperative programs, or other quota programs, including sector
allocation in effect before the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006.
`(i) TRANSITION RULE- The requirements of this section shall not apply to
any quota program, including any individual quota program, cooperative program,
or sector allocation placed on a Council agenda for final action, submitted
by a Council to the Secretary, or approved by the Secretary or by Congressional
action, within 60 days after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006, except
that--
`(1) the requirements of section 303(d) of this Act in effect on the day
before the date of enactment of that Act shall apply to any such program;
`(2) the program shall be subject to review under subsection (c)(1)(G)
of this section not later than 5 years after the program approval; and
`(3) nothing in this subsection precludes a Council from incorporating
criteria contained in this section into any such plans.'.
(b) FEES- Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended by striking
`management and enforcement' and inserting `management, data collection,
and enforcement'.
(c) INVESTMENT IN UNITED STATES SEAFOOD PROCESSING FACILITIES- The Secretary
of Commerce shall work with the Small Business Administration and other
Federal agencies to develop financial and other mechanisms to encourage
United States investment in seafood processing facilities in the United
States for fisheries that lack capacity needed to process fish harvested
by United States vessels in compliance with the Magnuson--Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(d) CONFORMING AMENDMENT- Section 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i))
is amended by striking `section 305(h)(5)(B)' and all that follows and inserting
`section 305(h)(5)(B).'.
(e) APPLICATION WITH AMERICAN FISHERIES ACT- Nothing in section 303A of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), as added by subsection (a), shall be construed to modify
or supersede any provision of the American Fisheries Act (46 U.S.C. 12102
note; 16 U.S.C. 1851 note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the end the following:
`(i) Environmental Review Process-
`(1) PROCEDURES- The Secretary shall, in consultation with the Councils
and the Council on Environmental Quality, revise and update agency procedures
for compliance with the National Environmental Policy Act (42 U.S.C. 4231
et seq.). The procedures shall--
`(A) conform to the time lines for review and approval of fishery management
plans and plan amendments under this section; and
`(B) integrate applicable environmental analytical procedures, including
the time frames for public input, with the procedure for the preparation
and dissemination of fishery management plans, plan amendments, and
other actions taken or approved pursuant to this Act in order to provide
for timely, clear and concise analysis that is useful to decision makers
and the public, reduce extraneous paperwork, and effectively involve
the public.
`(2) USAGE- The updated agency procedures promulgated in accordance with
this section used by the Councils or the Secretary shall be the sole environmental
impact assessment procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to this Act.
`(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES- The Secretary shall--
`(A) propose revised procedures within 12 months after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act of 2006;
`(B) provide 90 days for public review and comments; and
`(C) promulgate final procedures no later than 18 months after the date
of enactment of that Act.
`(4) PUBLIC PARTICIPATION- The Secretary is authorized and directed, in
cooperation with the Council on Environmental Quality and the Councils,
to involve the affected public in the development of revised procedures,
including workshops or other appropriate means of public involvement.'.
SEC. 108. EMERGENCY REGULATIONS.
(a) LENGTHENING OF SECOND EMERGENCY PERIOD- Section 305(c)(3)(B) (16 U.S.C.
1855(c)(3)(B)) is amended by striking `180 days,' the second time it appears
and inserting `186 days,'.
(b) TECHNICAL AMENDMENT- Section 305(c)(3)(D) (16 U.S.C. 1855(c)(3)(D))
is amended by inserting `or interim measures' after `emergency regulations'.
SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the end thereof the
following:
`(j) Western Pacific Regional Marine Education and Training-
`(1) IN GENERAL- The Secretary shall establish a pilot program for regionally-based
marine education and training programs in the Western Pacific to foster
understanding, practical use of knowledge (including native Hawaiian and
other Pacific Islander-based knowledge), and technical expertise relevant
to stewardship of living marine resources. The Secretary shall, in cooperation
with the Western Pacific Regional Fishery Management Council, regional
educational institutions, and local Western Pacific community training
entities, establish programs or projects that will improve communication,
education, and training on marine resource issues throughout the region
and increase scientific education for marine-related professions among
coastal community residents, including indigenous Pacific islanders, Native
Hawaiians and other underrepresented groups in the region.
`(2) PROGRAM COMPONENTS- The program shall--
`(A) include marine science and technology education and training programs
focused on preparing community residents for employment in marine related
professions, including marine resource conservation and management,
marine science, marine technology, and maritime operations;
`(B) include fisheries and seafood-related training programs, including
programs for fishery observers, seafood safety and seafood marketing,
focused on increasing the involvement of coastal community residents
in fishing, fishery management, and seafood-related operations;
`(C) include outreach programs and materials to educate and inform consumers
about the quality and sustainability of wild fish or fish products farmed
through responsible aquaculture, particularly in Hawaii and the Western
Pacific;
`(D) include programs to identify, with the fishing industry, methods
and technologies that will improve the data collection, quality, and
reporting and increase the sustainability of fishing practices, and
to transfer such methods and technologies among fisheries sectors and
to other nations in the Western and Central Pacific;
`(E) develop means by which local and traditional knowledge (including
Pacific islander and Native Hawaiian knowledge) can enhance science-based
management of fishery resources of the region; and
`(F) develop partnerships with other Western Pacific Island agencies,
academic institutions, and other entities to meet the purposes of this
section.'.
SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
(1) by striking `To' in subparagraph (B) and inserting `Except as provided
in subparagraph (E), to'; and
(2) by adding at the end the following:
`(E) A community shall be eligible to participate in the western Alaska
community development quota program under subparagraph (A) if the community
was--
`(i) listed in table 7 to part 679 of title 50, Code of Federal Regulations,
as in effect on January 1, 2004; or
`(ii) approved by the National Marine Fisheries Service on April 19,
1999.'.
SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109, is further amended
by adding at the end thereof the following:
`(k) MULTISPECIES GROUNDFISH- Within 60 days after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act of 2006, the Secretary of Commerce shall determine whether fishing in
State waters without a New England multispecies groundfish fishery permit
on regulated species within the multispecies complex is not consistent with
the applicable Federal fishery management plan. If the Secretary makes a
determination that such actions are not consistent with the plan, the Secretary
shall, in consultation with the Council, and after notifying the affected
State, develop and implement measures to cure the inconsistency pursuant
to section 306(b).'.
SEC. 112. JOINT ENFORCEMENT AGREEMENTS.
(a) IN GENERAL- Section 311 (16 U.S.C. 1861) is amended--
(1) by striking `and' after the semicolon in subsection (b)(1)(A)(iv);
(2) by inserting `and' after the semicolon in subsection (b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A) the following:
`(vi) access, directly or indirectly, for enforcement purposes any
data or information required to be provided under this title or regulations
under this title, including data from Global Maritime Distress and
Safety Systems, vessel monitoring systems, or any similar system,
subject to the confidentiality provisions of section 402;';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
`(h) Joint Enforcement Agreements-
`(1) IN GENERAL- The Governor of an eligible State may apply to the Secretary
for execution of a joint enforcement agreement with the Secretary that
will authorize the deputization and funding of State law enforcement officers
with marine law enforcement responsibilities to perform duties of the
Secretary relating to law enforcement provisions under this title or any
other marine resource law enforced by the Secretary. Upon receiving an
application meeting the requirements of this subsection, the Secretary
may enter into a joint enforcement agreement with the requesting State.
`(2) ELIGIBLE STATE- A State is eligible to participate in the cooperative
enforcement agreements under this section if it is in, or bordering on,
the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the
Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the
Great Lakes.
`(3) REQUIREMENTS- Joint enforcement agreements executed under paragraph
(1)--
`(A) shall be consistent with the purposes and intent of this section
to the extent applicable to the regulated activities;
`(B) may include specifications for joint management responsibilities
as provided by the first section of Public Law 91-412 (15 U.S.C. 1525);
and
`(C) shall provide for confidentiality of data and information submitted
to the State under section 402.
`(4) ALLOCATION OF FUNDS- The Secretary shall include in each joint enforcement
agreement an allocation of funds to assist in management of the agreement.
The allocation shall be fairly distributed among all eligible States participating
in cooperative enforcement agreements under this subsection, based upon
consideration of Federal marine enforcement needs, the specific marine
conservation enforcement needs of each participating eligible State, and
the capacity of the State to undertake the marine enforcement mission
and assist with enforcement needs. The agreement may provide for amounts
to be withheld by the Secretary for the cost of any technical or other
assistance provided to the State by the Secretary under the agreement.
`(i) Improved Data Sharing-
`(1) IN GENERAL- Notwithstanding any other provision of this Act, as soon
as practicable but no later than 21 months after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act of 2006, the Secretary shall implement data-sharing measures to make
any data required to be provided by this Act from Global Maritime Distress
and Safety Systems, vessel monitoring systems, or similar systems--
`(A) directly accessible by State enforcement officers authorized under
subsection (a) of this section; and
`(B) available to a State management agency involved in, or affected
by, management of a fishery if the State has entered into an agreement
with the Secretary under section 402(b)(1)(B) of this Act.
`(2) AGREEMENT REQUIRED- The Secretary shall promptly enter into an agreement
with a State under section 402(b)(1)(B) of this Act if--
`(A) the Attorney General or highest ranking legal officer of the State
provides a written opinion or certification that State law allows the
State to maintain the confidentiality of information required by Federal
law to be kept confidential; or
`(B) the Secretary is provided other reasonable assurance that the State
can and will protect the identity or business of any person to which
such information relates.'.
(b) REPORT ON USING GMDSS FOR FISHERY PURPOSES- Within 15 months after the
date of enactment of this Act, the National Marine Fisheries Service and
the United States Coast Guard shall transmit a joint report to the Senate
Committee on Commerce, Science, and Transportation and the House of Representatives
Committee on Resources containing--
(1) a cost-to-benefit analysis of the feasibility, value, and cost of
using the Global Maritime Distress and Safety Systems, vessel monitoring
systems, or similar systems for fishery management, conservation, enforcement,
and safety purposes with the Federal government bearing the capital costs
of any such system;
(2) an examination of the cumulative impact of existing requirements for
commercial vessels;
(3) an examination of whether the Global Maritime Distress and Safety
Systems or similar requirements would overlap existing requirements or
render them redundant;
(4) an examination of how data integration from such systems could be
addressed;
(5) an examination of how to maximize the data-sharing opportunities between
relevant State and Federal agencies and provide specific information on
how to develop these opportunities, including the provision of direct
access to the Global Maritime Distress and Safety Systems or similar system
data to State enforcement officers, while considering the need to maintain
or provide an appropriate level of individual vessel confidentiality where
practicable; and
(6) an assessment of how the Global Maritime Distress and Safety Systems
or similar systems could be developed, purchased, and distributed to regulated
vessels.
SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.
(a) IN GENERAL- Section 312 (16 U.S.C. 1861a) is amended--
(1) by striking `measures;' in subsection (a)(1)(B) and inserting `measures,
including regulatory restrictions (including those imposed as a result
of judicial action) imposed to protect human health or the marine environment;';
(2) by striking `1996, 1997, 1998, and 1999.' in subsection (a)(4) and
inserting `2006 through 2012.';
(3) by striking `or the Governor of a State for fisheries under State
authority, may conduct a fishing' in subsection (b)(1) and inserting `the
Governor of a State for fisheries under State authority, or a majority
of permit holders in the fishery, may conduct a voluntary fishing';
(4) by inserting `practicable' after `entrants,' in subsection (b)(1)(B)((i);
(5) by striking `cost-effective and' in subsection (b)(1)C) and inserting
`cost-effective and, in the instance of a program involving an industry
fee system, prospectively';
(6) by striking subparagraph (A) of subsection (b)(2) and inserting the
following:
`(A) the owner of a fishing vessel, if the permit authorizing the participation
of the vessel in the fishery is surrendered for permanent revocation and
the vessel owner and permit holder relinquish any claim associated with
the vessel or permit that could qualify such owner or holder for any present
or future limited access system permit in the fishery for which the program
is established and such vessel is (i) scrapped, or (ii) through the Secretary
of the department in which the Coast Guard is operating, subjected to
title restrictions (including loss of the vessel's fisheries endorsement)
that permanently prohibit and effectively prevent its use in fishing in
federal or state waters, or fishing on the high seas or in the waters
of a foreign nation; or';
(7) by striking `The Secretary shall consult, as appropriate, with Councils,'
in subsection (b)(4) and inserting `The harvester proponents of each program
and the Secretary shall consult, as appropriate and practicable, with
Councils,';
(8) by striking `Secretary, at the request of the appropriate Council,'
in subsection (d)(1)(A) and inserting `Secretary';
(9) by striking `Secretary, in consultation with the Council,' in subsection
(d)(1)(A) and inserting `Secretary';
(10) by striking `a two-thirds majority of the participants voting.' in
subsection (d)(1)(B) and inserting `at least a majority of the permit
holders in the fishery, or 50 percent of the permitted allocation of the
fishery, who participated in the fishery.';
(11) by striking `establish;' in subsection (d)(2)((C) and inserting `establish,
unless the Secretary determines that such fees should be collected from
the seller;' and
(12) striking subsection (e) and inserting the following:
`(e) Implementation Plan-
`(1) FRAMEWORK REGULATIONS- The Secretary shall propose and adopt framework
regulations applicable to the implementation of all programs under this
section.
`(2) PROGRAM REGULATIONS- The Secretary shall implement each program under
this section by promulgating regulations that, together with the framework
regulations, establish each program and control its implementation.
`(3) HARVESTER PROPONENTS' IMPLEMENTATION PLAN- The Secretary may not
propose implementation regulations for a program to be paid for by an
industry fee system until the harvester proponents of the program provide
to the Secretary a proposed implementation plan that, among other matters--
`(A) proposes the types and numbers of vessels or permits that are eligible
to participate in the program and the manner in which the program shall
proceed, taking into account--
`(i) the requirements of this section;
`(ii) the requirements of the framework regulations;
`(iii) the characteristics of the fishery;
`(iv) the requirements of the applicable fishery management plan and
any amendment that such plan may require to support the proposed program;
`(v) the general needs and desires of harvesters in the fishery;
`(vi) the need to minimize program costs; and
`(vii) other matters, including the manner in which such proponents
propose to fund the program to ensure its cost effectiveness, as well
as any relevant factors demonstrating the potential for, or necessary
to obtain, the support and general cooperation of a substantial number
of affected harvesters in the fishery (or portion of the fishery)
for which the program is intended; and
`(B) proposes procedures for program participation (such as submission
of owner bids under an auction system or fair market-value assessment),
including any terms and conditions for participation, that the harvester
proponents deem to be reasonably necessary to meet the program's proposed
objectives.
`(4) PARTICIPATION CONTRACTS- The Secretary shall contract with each person
participating in a program, and each such contract shall, in addition
to including such other matters as the Secretary deems necessary and appropriate
to effectively implement each program (including penalties for contract
non-performance) be consistent with the framework and implementing regulations
and all other applicable law.
`(5) REDUCTION AUCTIONS- Each program not involving fair market assessment
shall involve a reduction auction that scores the reduction price of each
bid offer by the data relevant to each bidder under an appropriate fisheries
productivity factor. If the Secretary accepts bids, the Secretary shall
accept responsive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest percentage of the productivity
factor, and successively accepting each additional responsive bid in rank
order until either there are no more responsive bids or acceptance of
the next bid would cause the total value of bids accepted to exceed the
amount of funds available for the program.
`(6) BID INVITATIONS- Each program shall proceed by the Secretary issuing
invitations to bid setting out the terms and conditions for participation
consistent with the framework and implementing regulations. Each bid that
the Secretary receives in response to the invitation to bid shall constitute
an irrevocable offer from the bidder.'.
(b) TECHNICAL AMENDMENT- Sections 116, 203, 204, 205, and 206 of the Sustainable
Fisheries Act are deemed to have added sections 312, 402, 403, 404, and
405, respectively to the Act as of the date of enactment of the Sustainable
Fisheries Act.
SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY
PROGRAM.
(a) IN GENERAL- Title III (16 U.S.C. 1851 et seq.) is amended by adding
at the end the following:
`SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY
PROGRAM.
`(a) IN GENERAL- When there is a catastrophic regional fishery disaster
the Secretary may, upon the request of, and in consultation with, the Governors
of affected States, establish a regional economic transition program to
provide immediate disaster relief assistance to the fishermen, charter fishing
operators, United States fish processors, and owners of related fishery
infrastructure affected by the disaster.
`(1) IN GENERAL- Subject to the availability of appropriations, the program
shall provide funds or other economic assistance to affected entities,
or to governmental entities for disbursement to affected entities, for--
`(A) meeting immediate regional shoreside fishery infrastructure needs,
including processing facilities, cold storage facilities, ice houses,
docks, including temporary docks and storage facilities, and other related
shoreside fishery support facilities and infrastructure;
`(B) financial assistance and job training assistance for fishermen
who wish to remain in a fishery in the region that may be temporarily
closed as a result of environmental or other effects associated with
the disaster;
`(C) funding, pursuant to the requirements of section 312(b), to fishermen
who are willing to scrap a fishing vessel and permanently surrender
permits for fisheries named on that vessel; and
`(D) any other activities authorized under section 312(a) of this Act
or section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(d)).
`(2) JOB TRAINING- Any fisherman who decides to scrap a fishing vessel
under the program shall be eligible for job training assistance.
`(3) STATE PARTICIPATION OBLIGATION- The participation by a State in the
program shall be conditioned upon a commitment by the appropriate State
entity to ensure that the relevant State fishery meets the requirements
of section 312(b) of this Act to ensure excess capacity does not re-enter
the fishery.
`(4) NO MATCHING REQUIRED- The Secretary may waive the matching requirements
of section 312 of this Act, section 308 of the Interjurisdictional Fisheries
Act of 1986 (16 U.S.C. 4107), and any other provision of law under which
the Federal share of the cost of any activity is limited to less than
100 percent if the Secretary determines that--
`(A) no reasonable means are available through which applicants can
meet the matching requirement; and
`(B) the probable benefit of 100 percent Federal financing outweighs
the public interest in imposition of the matching requirement.
`(5) NET REVENUE LIMIT INAPPLICABLE- Section 308(d)(3) of the Interjurisdictional
Fisheries Act (16 U.S.C. 4107(d)(3)) shall not apply to assistance under
this section.
`(c) REGIONAL IMPACT EVALUATION- Within 2 months after a catastrophic regional
fishery disaster the Secretary shall provide the Governor of each State
participating in the program a comprehensive economic and socio-economic
evaluation of the affected region's fisheries to assist the Governor in
assessing the current and future economic viability of affected fisheries,
including the economic impact of foreign fish imports and the direct, indirect,
or environmental impact of the disaster on the fishery and coastal communities.
`(d) CATASTROPHIC REGIONAL FISHERY DISASTER DEFINED- In this section the
term `catastrophic regional fishery disaster' means a natural disaster,
including a hurricane or tsunami, or a regulatory closure (including regulatory
closures resulting from judicial action) to protect human health or the
marine environment, that--
`(1) results in economic losses to coastal or fishing communities;
`(2) affects more than 1 State or a major fishery managed by a Council
or interstate fishery commission; and
`(3) is determined by the Secretary to be a commercial fishery failure
under section 312(a) of this Act or a fishery resource disaster or section
308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)).'.
(b) Salmon Plan and Study-
(1) RECOVERY PLAN- Not later than 6 months after the date of enactment
of this Act, the Secretary of Commerce shall complete a recovery plan
for Klamath River Coho salmon and make it available to the public.
(2) ANNUAL REPORT- Not later than 2 years after the date of enactment
of this Act, and annually thereafter, the Secretary of Commerce shall
submit a report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Resources on--
(A) the actions taken under the recovery plan and other law relating
to recovery of Klamath River Coho salmon, and how those actions are
specifically contributing to its recovery;
(B) the progress made on the restoration of salmon spawning habitat,
including water conditions as they relate to salmon health and recovery,
with emphasis on the Klamath River and its tributaries below Iron Gate
Dam;
(C) the status of other Klamath River anadromous fish populations, particularly
Chinook salmon; and
(D) the actions taken by the Secretary to address the calendar year
2003 National Research Council recommendations regarding monitoring
and research on Klamath River Basin salmon stocks.
(c) OREGON AND CALIFORNIA SALMON FISHERY- Federally recognized Indian tribes
and small businesses, including fishermen, fish processors, and related
businesses serving the fishing industry, adversely affected by Federal closures
and fishing restrictions in the Oregon and California 2006 fall Chinook
salmon fishery are eligible to receive direct assistance under section 312(a)
of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861a(a)) and section 308(d) of the Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4107(d)). The Secretary may use no more than 4 percent of
any monetary assistance to pay for administrative costs.
SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) LOAN ASSISTANCE- Subject to availability of appropriations, the Secretary
of Commerce shall provide assistance to eligible holders of fishery finance
program loans and allocate such assistance among eligible holders based
upon their outstanding principal balances as of December 2, 2005, for any
of the following purposes:
(1) To defer principal payments on the debt for 1 year and re-amortize
the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for up to 1 year
beyond the remaining term of the loan, or September 30, 2013, whichever
is later.
(3) To pay the interest costs for such loans over fiscal years 2006 through
2012, not to exceed amounts authorized under subsection (d).
(4) To provide opportunities for loan forgiveness, as specified in subsection
(c).
(1) IN GENERAL- Upon application made by an eligible holder of a fishery
finance program loan, made at such time, in such manner, and containing
such information as the Secretary may require, the Secretary, on a calendar
year basis beginning in 2005, may--
(A) offset against the outstanding balance on the loan an amount equal
to the sum of the amounts expended by the holder during the calendar
year to repair or replace covered vessels or facilities, or to invest
in new fisheries infrastructure within or for use within the declared
fisheries disaster area; or
(B) cancel the amount of debt equal to 100 hundred percent of actual
expenditures on eligible repairs, reinvestment, expansion, or new investment
in fisheries infrastructure in the disaster region, or repairs to, or
replacement of, eligible fishing vessels.
(c) DEFINITIONS- In this section:
(1) DECLARED FISHERIES DISASTER AREA- The term `declared fisheries disaster
area' means fisheries located in the major disaster area designated by
the President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina
or Hurricane Rita.
(2) ELIGIBLE HOLDER- The term `eligible holder' means the holder of a
fishery finance program loan if--
(A) that loan is used to guarantee or finance any fishing vessel or
fish processing facility home-ported or located within the declared
fisheries disaster area; and
(B) the holder makes expenditures to repair or replace such covered
vessels or facilities, or invests in new fisheries infrastructure within
or for use within the declared fisheries disaster area, to restore such
facilities following the disaster.
(3) FISHERY FINANCE PROGRAM LOAN- The term `fishery finance program loan'
means a loan made or guaranteed under the fishery finance program under
title XI of the Merchant Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of Commerce for the purposes of this section not more than
$15,000,000 for each eligible holder for the period beginning with fiscal
year 2006 through fiscal year 2012.
SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) IN GENERAL- The Secretary of Commerce shall establish an assistance
program for the Gulf of Mexico shrimp fishing industry.
(b) ALLOCATION OF FUNDS- Under the program, the Secretary shall allocate
funds appropriated to carry out the program among the States of Alabama,
Louisiana, Florida, Mississippi, and Texas in proportion to the percentage
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