PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3575

Public Law 109–479

109th Congress

An Act

To amend the Magnuson-Stevens Fishery Conservation and Management Act to

authorize activities to promote improved monitoring and compliance for high

seas fisheries, or fisheries governed by international fishery management agreements, and for other purposes.

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 ‘‘MagnusonStevens Fishery Conservation and Management Reauthorization

Act of 2006’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Management

Act.

Sec. 3. Changes in findings and definitions.

Sec. 4. Highly migratory species.

Sec. 5. Total allowable level of foreign fishing.

Sec. 6. Western Pacific Sustainable Fisheries Fund.

Sec. 7. Authorization of appropriations.

TITLE I—CONSERVATION AND MANAGEMENT

Sec. 101. Cumulative impacts.

Sec. 102. Caribbean Council jurisdiction.

Sec. 103. Regional fishery management councils.

Sec. 104. Fishery management plan requirements.

Sec. 105. Fishery management plan discretionary provisions.

Sec. 106. Limited access privilege programs.

Sec. 107. Environmental review process.

Sec. 108. Emergency regulations.

Sec. 109. Western Pacific and North Pacific community development.

Sec. 110. Secretarial action on State groundfish fishing.

Sec. 111. Joint enforcement agreements.

Sec. 112. Transition to sustainable fisheries.

Sec. 113. Regional coastal disaster assistance, transition, and recovery program.

Sec. 114. Fishery finance program hurricane assistance.

Sec. 115. Fisheries hurricane assistance program.

Sec. 116. Bycatch reduction engineering program.

Sec. 117. Community-based restoration program for fishery and coastal habitats.

Sec. 118. Prohibited acts.

Sec. 119. Shark feeding.

Sec. 120. Clarification of flexibility.

Sec. 121. Southeast Alaska fisheries communities capacity reduction.

Sec. 122. Conversion to catcher/processor shares.

TITLE II—INFORMATION AND RESEARCH

Sec. 201. Recreational fisheries information.

Sec. 202. Collection of information.

Sec. 203. Access to certain information.

Sec. 204. Cooperative research and management program.

16 USC 1801

note.

MagnusonStevens Fishery

Conservation and

Management

Reauthorization

Act of 2006.

Jan. 12, 2007

[H.R. 5946]

120 STAT. 3576 PUBLIC LAW 109–479—JAN. 12, 2007

Sec. 205. Herring study.

Sec. 206. Restoration study.

Sec. 207. Western Pacific fishery demonstration projects.

Sec. 208. Fisheries conservation and management fund.

Sec. 209. Use of fishery finance program for sustainable purposes.

Sec. 210. Regional ecosystem research.

Sec. 211. Deep sea coral research and technology program.

Sec. 212. Impact of turtle excluder devices on shrimping.

Sec. 213. Hurricane effects on commercial and recreational fishery habitats.

Sec. 214. North Pacific Fisheries Convention.

Sec. 215. New England groundfish fishery.

Sec. 216. Report on council management coordination.

Sec. 217. Study of shortage in the number of individuals with post- baccalaureate

degrees in subjects related to fishery science.

Sec. 218. Gulf of Alaska Rockfish demonstration program.

TITLE III—OTHER FISHERIES STATUTES

Sec. 301. Amendments to Northern Pacific Halibut Act.

Sec. 302. Reauthorization of other fisheries Acts.

TITLE IV—INTERNATIONAL

Sec. 401. International monitoring and compliance.

Sec. 402. Finding with respect to illegal, unreported, and unregulated fishing.

Sec. 403. Action to end illegal, unreported, or unregulated fishing and reduce bycatch of protected marine species.

Sec. 404. Monitoring of Pacific insular area fisheries.

Sec. 405. Reauthorization of Atlantic Tunas Convention Act.

Sec. 406. International overfishing and domestic equity.

Sec. 407. United States catch history.

Sec. 408. Secretarial representative for international fisheries.

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC

FISHERIES CONVENTION

Sec. 501. Short title.

Sec. 502. Definitions.

Sec. 503. Appointment of United States commissioners.

Sec. 504. Authority and responsibility of the Secretary of State.

Sec. 505. Rulemaking authority of the Secretary of Commerce.

Sec. 506. Enforcement.

Sec. 507. Prohibited acts.

Sec. 508. Cooperation in carrying out convention.

Sec. 509. Territorial participation.

Sec. 510. Exclusive economic zone notification.

Sec. 511. Authorization of appropriations.

TITLE VI—PACIFIC WHITING

Sec. 601. Short title.

Sec. 602. Definitions.

Sec. 603. United States representation on joint management committee.

Sec. 604. United States representation on the scientific review group.

Sec. 605. United States representation on joint technical committee.

Sec. 606. United States representation on advisory panel.

Sec. 607. Responsibilities of the secretary.

Sec. 608. Rulemaking.

Sec. 609. Administrative matters.

Sec. 610. Enforcement.

Sec. 611. Authorization of appropriations.

TITLE VII—MISCELLANEOUS

Sec. 701. Study of the acidification of the oceans and effect on fisheries.

Sec. 702. Puget Sound regional shellfish settlement.

TITLE VIII—TSUNAMI WARNING AND EDUCATION

Sec. 801. Short title.

Sec. 802. Definitions.

Sec. 803. Purposes.

Sec. 804. Tsunami forecasting and warning program.

Sec. 805. National tsunami hazard mitigation program.

Sec. 806. Tsunami research program.

Sec. 807. Global tsunami warning and mitigation network.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3577

Sec. 808. Authorization of appropriations.

TITLE IX—POLAR BEARS

Sec. 901. Short title.

Sec. 902. Amendment of Marine Mammal Protection Act of 1972.

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

Except as otherwise expressly provided, whenever in this Act

an amendment or repeal is expressed in terms of an amendment

to, or repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.).

SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.

(a) ECOSYSTEMS.—Section 2(a) (16 U.S.C. 1801(a)) is amended

by adding at the end the following:

‘‘(11) A number of the Fishery Management Councils have

demonstrated significant progress in integrating ecosystem

considerations in fisheries management using the existing

authorities provided under this Act.’’.

(b) IN GENERAL.—Section 3 (16 U.S.C. 1802) is amended—

(1) by inserting after paragraph (13) the following:

‘‘(13A) The term ‘regional fishery association’ means an

association formed for the mutual benefit of members—

‘‘(A) to meet social and economic needs in a region

or subregion; and

‘‘(B) comprised of persons engaging in the harvest or

processing of fishery resources in that specific region or

subregion or who otherwise own or operate businesses

substantially dependent upon a fishery.’’;

(2) by inserting after paragraph (20) the following:

‘‘(20A) The term ‘import’—

‘‘(A) means to land on, bring into, or introduce into,

or attempt to land on, bring into, or introduce into, any

place subject to the jurisdiction of the United States,

whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs

laws of the United States; but

‘‘(B) does not include any activity described in subparagraph (A) with respect to fish caught in the exclusive

economic zone or by a vessel of the United States.’’;

(3) by inserting after paragraph (23) the following:

‘‘(23A) The term ‘limited access privilege’—

‘‘(A) means a Federal permit, issued as part of a limited

access system under section 303A to harvest a quantity

of fish expressed by a unit or units representing a portion

of the total allowable catch of the fishery that may be

received or held for exclusive use by a person; and

‘‘(B) includes an individual fishing quota; but

‘‘(C) does not include community development quotas

as described in section 305(i).

‘‘(23B) The term ‘limited access system’ means a system

that limits participation in a fishery to those satisfying certain

eligibility criteria or requirements contained in a fishery

management plan or associated regulation.’’; and

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

120 STAT. 3578 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(27A) The term ‘observer information’ means any information collected, observed, retrieved, or created by an observer

or electronic monitoring system pursuant to authorization by

the Secretary, or collected as part of a cooperative research

initiative, including fish harvest or processing observations,

fish sampling or weighing data, vessel logbook data, vessel

or processor-specific information (including any safety, location,

or operating condition observations), and video, audio, photographic, or written documents.’’.

(c) REDESIGNATION.—Paragraphs (1) through (45) of section

3 (16 U.S.C. 1802), as amended by subsection (a), are redesignated

as paragraphs (1) thorough (50), respectively.

(d) CONFORMING AMENDMENTS.—

(1) The following provisions of the Act are amended by

striking ‘‘an individual fishing quota’’ and inserting ‘‘a limited

access privilege’’:

(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).

(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.

1883(a)(1)(D) and (c)(1)).

(2) The following provisions of the Act are amended by

striking ‘‘individual fishing quota’’ and inserting ‘‘limited access

privilege’’:

(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).

(B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).

(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended

by striking ‘‘individual fishing quotas,’’ and inserting ‘‘limited

access privileges,’’.

SEC. 4. HIGHLY MIGRATORY SPECIES.

Section 102 (16 U.S.C. 1812) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The’’; and

(2) by adding at the end the following:

‘‘(b) TRADITIONAL PARTICIPATION.—In managing any fisheries

under an international fisheries agreement to which the United

States is a party, the appropriate Council or Secretary shall take

into account the traditional participation in the fishery, relative

to other nations, by fishermen of the United States on fishing

vessels of the United States.

‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished

stock, or a stock that is approaching a condition of being overfished,

the provisions of this Act in this regard shall be communicated

to and promoted by the United States in the international or

regional fisheries organization.’’.

SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

Section 201(d) (16 U.S.C. 1821(d)) is amended—

(1) by striking ‘‘shall be’’ and inserting ‘‘is’’;

(2) by striking ‘‘will not’’ and inserting ‘‘cannot, or will

not,’’; and

(3) by inserting after ‘‘Act.’’ the following: ‘‘Allocations of

the total allowable level of foreign fishing are discretionary,

except that the total allowable level shall be zero for fisheries

determined by the Secretary to have adequate or excess

domestic harvest capacity.’’.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3579

SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

Section 204(e) (16 U.S.C. 1824(e)(7)) is amended—

(1) by inserting ‘‘and any funds or contributions received

in support of conservation and management objectives under

a marine conservation plan’’ after ‘‘agreement’’ in paragraph

(7); and

(2) by inserting after ‘‘paragraph (4).’’ in paragraph (8)

the following: ‘‘In the case of violations by foreign vessels occurring within the exclusive economic zones off Midway Atoll,

Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland,

Baker, and Wake Islands, amounts received by the Secretary

attributable to fines and penalties imposed under this Act,

shall be deposited into the Western Pacific Sustainable Fisheries Fund established under paragraph (7) of this subsection.’’.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to the Secretary to

carry out the provisions of this Act—

‘‘(1) $337,844,000 for fiscal year 2007;

‘‘(2) $347,684,000 for fiscal year 2008;

‘‘(3) $357,524,000 for fiscal year 2009;

‘‘(4) $367,364,000 for fiscal year 2010;

‘‘(5) $377,204,000 for fiscal year 2011;

‘‘(6) $387,044,000 for fiscal year 2012; and

‘‘(7) $396,875,000 for fiscal year 2013.’’.

TITLE I—CONSERVATION AND

MANAGEMENT

SEC. 101. CUMULATIVE IMPACTS.

(a) NATIONAL STANDARDS.—Section 301(a)(8) (16 U.S.C.

1851(a)(8)) is amended by inserting ‘‘by utilizing economic and

social data that meet the requirements of paragraph (2),’’ after

‘‘fishing communities’’.

(b) CONTENTS OF PLANS.—Section 303(a)(9) (16 U.S.C.

1853(a)(9)) is amended by striking ‘‘describe the likely effects, if

any, of the conservation and management measures on—’’ and

inserting ‘‘analyze the likely effects, if any, including the cumulative

conservation, economic, and social impacts, of the conservation

and management measures on, and possible mitigation measures

for—’’.

SEC. 102. CARIBBEAN COUNCIL JURISDICTION.

Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by

inserting ‘‘and of commonwealths, territories, and possessions of

the United States in the Caribbean Sea’’ after ‘‘seaward of such

States’’.

SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

(a) TRIBAL ALTERNATE ON PACIFIC COUNCIL.—Section 302(b)(5)

(16 U.S.C. 1852(b)(5)) is amended by adding at the end thereof

the following:

120 STAT. 3580 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(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, preventing overfishing, maximum sustainable yield, and

achieving rebuilding targets, and reports on stock status and

health, bycatch, habitat status, social and economic impacts

of management measures, and sustainability of fishing practices.

‘‘(C) Members appointed by the Councils to the scientific

and statistical committees shall be Federal employees, State

employees, academicians, or independent experts and shall have

strong scientific or technical credentials and experience.

‘‘(D) Each member of a scientific and statistical committee

shall be treated as an affected individual for purposes of paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary

shall keep disclosures made pursuant to this subparagraph

on file.

‘‘(E) The Secretary and each Council may establish a peer

review process for that Council for scientific information used

to advise the Council about the conservation and management

of the fishery. The review process, which may include existing

committees or panels, is deemed to satisfy the requirements

of the guidelines issued pursuant to section 515 of the Treasury

and General Government Appropriations Act for Fiscal year

2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153).

‘‘(F) In addition to the provisions of section 302(f)(7), the

Secretary shall, subject to the availability of appropriations,

pay a stipend to members of the scientific and statistical

committees or advisory panels who are not employed by the

Federal Government or a State marine fisheries agency.

‘‘(G) A science and statistical committee shall hold its

meetings in conjunction with the meeting of the Council, to

the extent practicable.’’.

(2) by striking ‘‘other’’ in paragraph (2); and

(3) by resetting the left margin of paragraphs (2) through

(5) 2 ems from the left.

(c) COUNCIL FUNCTIONS.—Section 302(h) (16 U.S.C. 1852(h))

is amended—

(1) by striking ‘‘authority, and’’ in paragraph (5) and

inserting ‘‘authority;’’;

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

Records.

Establishment.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3581

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

‘‘(6) develop annual catch limits for each of its managed

fisheries that may not exceed the fishing level recommendations

of its scientific and statistical committee or the peer review

process established under subsection (g); and’’.

(d) SCIENTIFIC RESEARCH PRIORITIES.—Section 302(h) (16

U.S.C. 1852(h)), as amended by subsection (c), is further amended—

(1) by striking ‘‘(g); and’’ in paragraph (6) and inserting

‘‘(g);’’;

(2) by redesignating paragraph (7), as redesignated by subsection (c)(2), as paragraph (8);

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

‘‘(7) develop, in conjunction with the scientific and statistical committee, multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of research that

are necessary for management purposes, that shall—

‘‘(A) establish priorities for 5-year periods;

‘‘(B) be updated as necessary; and

‘‘(C) be submitted to the Secretary and the regional

science centers of the National Marine Fisheries Service

for their consideration in developing research priorities

and budgets for the region of the Council; and’’.

(e) REGULAR AND EMERGENCY MEETINGS.—Section 302(i)(2)(C)

(16 U.S.C. 1852(i)(2)(C)) is amended by striking ‘‘published in local

newspapers in the major fishing ports of the region (and in other

major fishing ports having a direct interest in the affected fishery)

and such notice may be given by such other means as will result

in wide publicity.’’ and inserting ‘‘provided by any means that

will result in wide publicity in the major fishing ports of the

region (and in other major fishing ports having a direct interest

in the affected fishery), except that e-mail notification and website

postings alone are not sufficient.’’.

(f) CLOSED MEETINGS.—Section 302(i)(3)(B) (16 U.S.C.

1852(i)(3)(B)) is amended by striking ‘‘notify local newspapers in

the major fishing ports within its region (and in other major,

affected fishing ports,’’ and inserting ‘‘provide notice by any means

that will result in wide publicity in the major fishing ports of

the region (and in other major fishing ports having a direct interest

in the affected fishery), except that e-mail notification and website

postings alone are not sufficient,’’.

(g) TRAINING.—Section 302 (16 U.S.C. 1852) is amended by

adding at the end the following:

‘‘(k) COUNCIL TRAINING PROGRAM.—

‘‘(1) 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;

Deadline.

Notification.

Publication.

120 STAT. 3582 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(D) tribal treaty rights and native customs, access,

and other rights related to Western Pacific indigenous

communities;

‘‘(E) legal requirements of this Act, including conflict

of interest and disclosure provisions of this section and

related policies;

‘‘(F) other relevant legal and regulatory requirements,

including the National Environmental Policy Act (42 U.S.C.

4321 et seq.);

‘‘(G) public process for development of fishery management plans;

‘‘(H) other topics suggested by the Council; and

‘‘(I) recreational and commercial fishing information,

including fish harvesting techniques, gear types, fishing

vessel types, and economics for the fisheries within each

Council’s jurisdiction.

‘‘(2) MEMBER TRAINING.—The training course shall be available to both new and existing Council members, staff from

the regional offices and regional science centers of the National

Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow.

‘‘(3) REQUIRED TRAINING.—Council members appointed after

the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall

complete a training course that meets the requirements of

this section not later than 1 year after the date on which

they were appointed. Any Council member who has completed

a training course within 24 months before the date of enactment

of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall be considered to have

met the training requirement of this paragraph.

‘‘(l) COUNCIL COORDINATION COMMITTEE.—The Councils may

establish a Council coordination committee consisting of the chairs,

vice chairs, and executive directors of each of the 8 Councils

described in subsection (a)(1), or other Council members or staff,

in order to discuss issues of relevance to all Councils, including

issues related to the implementation of this Act.’’.

(h) PROCEDURAL MATTERS.—Section 302(i) (16 U.S.C. 1852(i))

is amended—

(1) by striking ‘‘to the Councils or to the scientific and

statistical committees or advisory panels established under subsection (g).’’ in paragraph (1) and inserting ‘‘to the Councils,

the Council coordination committee established under subsection (l), or to the scientific and statistical committees or

other committees or advisory panels established under subsection (g).’’;

(2) by striking ‘‘of a Council, and of the scientific and

statistical committee and advisory panels established under

subsection (g):’’ in paragraph (2) and inserting ‘‘of a Council,

of the Council coordination committee established under subsection (l), and of the scientific and statistical committees or

other committees or advisory panels established under subsection (g):’’; and

(3) by inserting ‘‘the Council Coordination Committee established under subsection (l),’’ in paragraph (3)(A) after ‘‘Council,’’;

and

Deadline.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3583

(4) by inserting ‘‘other committees,’’ in paragraph (3)(A)

after ‘‘committee,’’.

(i) CONFLICTS OF INTEREST.—Section 302(j) (16 U.S.C. 1852(j))

is amended—

(1) by inserting ‘‘lobbying, advocacy,’’ after ‘‘processing,’’

in paragraph (2);

(2) by striking ‘‘jurisdiction.’’ in paragraph (2) and inserting

‘‘jurisdiction, or with respect to an individual or organization

with a financial interest in such activity.’’;

(3) by striking subparagraph (B) of paragraph (5) and

inserting the following:

‘‘(B) 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, including identification of

any conflict of interest problems with respect to the Councils and

scientific and statistical committees and recommendations for

addressing any such problems.’’.

(j) GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL.—Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—

(1) by redesignating subparagraph (D) as subparagraph

(E); and

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

‘‘(D)(i) The Governor of a State submitting a list of names

of individuals for appointment by the Secretary of Commerce to

the Gulf of Mexico Fisheries Management Council under subparagraph (C) shall include—

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

‘‘(II) at least 1 other individual who is knowledgeable

regarding the conservation and management of fisheries

resources in the jurisdiction of the Council.

‘‘(ii) Notwithstanding the requirements of subparagraph (C),

if the Secretary determines that the list of names submitted by

the Governor does not meet the requirements of clause (i) the

Secretary shall—

‘‘(I) publish a notice in the Federal Register asking the

residents of that State to submit the names and pertinent

biographical data of individuals who would meet the requirement not met for appointment to the Council; and

‘‘(II) add the name of any qualified individual submitted

by the public who meets the unmet requirement to the list

of names submitted by the Governor.

‘‘(iii) For purposes of clause (i) an individual who owns or

operates a fish farm outside of the United States shall not be

considered to be a representative of the commercial or recreational

fishing sector.

‘‘(iv) The requirements of this subparagraph shall expire at

the end of fiscal year 2012.’’.

Expiration date.

Notice.

Federal Register,

publication.

Deadline.

Reports.

Records.

Internet.

Public

information.

120 STAT. 3584 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

(a) IN GENERAL.—Section 303(a) (16 U.S.C. 1853(a)) is

amended—

(1) by striking ‘‘and charter fishing’’ in paragraph (5) and

inserting ‘‘charter fishing, and fish processing’’;

(2) by inserting ‘‘economic information necessary to meet

the requirements of this Act,’’ in paragraph (5) after ‘‘number

of hauls,’’;

(3) by striking ‘‘and’’ after the semicolon in paragraph

(9)(A);

(4) by inserting ‘‘and’’ after the semicolon in paragraph

(9)(B);

(5) by inserting after paragraph (9)(B) the following:

‘‘(C) the safety of human life at sea, including whether

and to what extent such measures may affect the safety

of participants in the fishery;’’;

(6) by striking ‘‘fishery’’ the first place it appears in paragraph (13) and inserting ‘‘fishery, including its economic

impact,’’;

(7) by striking ‘‘and’’ after the semicolon in paragraph

(13);

(8) by striking ‘‘allocate’’ in paragraph (14) and inserting

‘‘allocate, taking into consideration the economic impact of the

harvest restrictions or recovery benefits on the fishery participants in each sector,’’;

(9) by striking ‘‘fishery.’’ in paragraph (14) and inserting

‘‘fishery and;’’; and

(10) by adding at the end the following:

‘‘(15) establish a mechanism for specifying annual catch

limits in the plan (including a multiyear plan), implementing

regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to

ensure accountability.’’.

(b) EFFECTIVE DATES; APPLICATION TO CERTAIN SPECIES.—The

amendment made by subsection (a)(10)—

(1) shall, unless otherwise provided for under an international agreement in which the United States participates,

take effect—

(A) in fishing year 2010 for fisheries determined by

the Secretary to be subject to overfishing; and

(B) in fishing year 2011 for all other fisheries; and

(2) shall not apply to a fishery for species that have a

life cycle of approximately 1 year unless the Secretary has

determined the fishery is subject to overfishing of that species;

and

(3) shall not limit or otherwise affect the requirements

of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1851(a)(1) or

1854(e), respectively).

(c) CLARIFICATION OF REBUILDING PROVISION.—Section 304(e)

(16 U.S.C. 1854(e)) is amended—

(1) by striking ‘‘one year of’’ in paragraph (3) and inserting

‘‘2 years after’’;

(2) by inserting ‘‘and implement’’ after ‘‘prepare’’ in paragraph (3);

(3) by inserting ‘‘immediately’’ after ‘‘overfishing’’ in paragraph (3)(A);

16 USC 1853

note.

Regulations.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3585

(4) by striking ‘‘ending overfishing and’’ in paragraph (4)(A);

and

(5) by striking ‘‘one-year’’ in paragraph (5) and inserting

‘‘2-year’’.

(d) EFFECTIVE DATE FOR SUBSECTION (c).—The amendments

made by subsection (c) shall take effect 30 months after the date

of enactment of this Act.

SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

Section 303(b) (16 U.S.C. 1853(b)) is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’ in paragraph (2);

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

‘‘(B) designate such zones in areas where deep sea corals

are identified under section 408, to protect deep sea corals

from physical damage from fishing gear or to prevent loss

or damage to such fishing gear from interactions with deep

sea corals, after considering long-term sustainable uses of

fishery resources in such areas; and

‘‘(C) with respect to any closure of an area under this

Act that prohibits all fishing, ensure that such closure—

‘‘(i) is based on the best scientific information available;

‘‘(ii) includes criteria to assess the conservation benefit

of the closed area;

‘‘(iii) establishes a timetable for review of the closed

area’s performance that is consistent with the purposes

of the closed area; and

‘‘(iv) is based on an assessment of the benefits and

impacts of the closure, including its size, in relation to

other management measures (either alone or in combination with such measures), including the benefits and

impacts of limiting access to: users of the area, overall

fishing activity, fishery science, and fishery and marine

conservation;’’;

(3) by striking ‘‘fishery;’’ in paragraph (5) and inserting

‘‘fishery and take into account the different circumstances

affecting fisheries from different States and ports, including

distances to fishing grounds and proximity to time and area

closures;’’;

(4) by striking paragraph (6) and inserting the following:

‘‘(6) establish a limited access system for the fishery in

order to achieve optimum yield if, in developing such system,

the Council and the Secretary take into account—

‘‘(A) present participation in the fishery;

‘‘(B) historical fishing practices in, and dependence on,

the fishery;

‘‘(C) the economics of the fishery;

‘‘(D) the capability of fishing vessels used in the fishery

to engage in other fisheries;

‘‘(E) the cultural and social framework relevant to the

fishery and any affected fishing communities;

‘‘(F) the fair and equitable distribution of access privileges in the fishery; and

‘‘(G) any other relevant considerations;’’;

(5) by striking ‘‘(other than economic data)’’ in paragraph

(7);

(6) by striking ‘‘and’’ after the semicolon in paragraph

(11); and

16 USC 1854

note.

120 STAT. 3586 PUBLIC LAW 109–479—JAN. 12, 2007

(7) by redesignating paragraph (12) as paragraph (14) and

inserting after paragraph (11) the following:

‘‘(12) include management measures in the plan to conserve

target and non-target species and habitats, considering the

variety of ecological factors affecting fishery populations; and’’.

SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) is amended—

(1) by striking section 303(d); 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 if the system

is found to have jeopardized the sustainability of the stock

or the safety of fishermen;

‘‘(3) shall not confer any right of compensation to the holder

of such limited access privilege, quota share, or other such

limited access system authorization if it is revoked, limited,

or modified;

‘‘(4) shall not create, or be construed to create, any right,

title, or interest in or to any fish before the fish is harvested

by the holder; and

‘‘(5) shall be considered a grant of permission to the holder

of the limited access privilege or quota share to engage in

activities permitted by such limited access privilege or quota

share.

‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.— ‘‘(1) IN GENERAL.—Any limited access privilege program

to harvest fish submitted by a Council or approved by the

Secretary under this section shall—

‘‘(A) if established in a fishery that is overfished or

subject to a rebuilding plan, assist in its rebuilding;

‘‘(B) if established in a fishery that is determined by

the Secretary or the Council to have over-capacity, contribute to reducing capacity;

‘‘(C) promote—

‘‘(i) fishing safety;

‘‘(ii) fishery conservation and management; and

‘‘(iii) social and economic benefits;

‘‘(D) prohibit any person other than a United States

citizen, a corporation, partnership, or other entity established under the laws of the United States or any State,

or a permanent resident alien, that meets the eligibility

and participation requirements established in the program

from acquiring a privilege to harvest fish, including any

16 USC 1853a.

16 USC 1853.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3587

person that acquires a limited access privilege solely for

the purpose of perfecting or realizing on a security interest

in such privilege;

‘‘(E) require that all fish harvested under a limited

access privilege program be processed on vessels of the

United States or on United States soil (including any territory of the United States);

‘‘(F) specify the goals of the program;

‘‘(G) include provisions for the regular monitoring and

review by the Council and the Secretary of the operations

of the program, including determining progress in meeting

the goals of the program and this Act, and any necessary

modification of the program to meet those goals, with a

formal and detailed review 5 years after the implementation of the program and thereafter to coincide with scheduled Council review of the relevant fishery management

plan (but no less frequently than once every 7 years);

‘‘(H) include an effective system for enforcement, monitoring, and management of the program, including the

use of observers or electronic monitoring systems;

‘‘(I) include an appeals process for administrative

review of the Secretary’s decisions regarding initial allocation of limited access privileges;

‘‘(J) provide for the establishment by the Secretary,

in consultation with appropriate Federal agencies, for an

information collection and review process to provide any

additional information needed to determine whether any

illegal acts of anti-competition, anti-trust, price collusion,

or price fixing have occurred among regional fishery

associations or persons receiving limited access privileges

under the program; and

‘‘(K) provide for the revocation by the Secretary of

limited access privileges held by any person found to have

violated the antitrust laws of the United States.

‘‘(2) WAIVER.—The Secretary may waive the requirement

of paragraph (1)(E) if the Secretary determines that—

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

‘‘(B) the United States has a seafood safety equivalency

agreement with the country where processing will occur.

‘‘(3) FISHING COMMUNITIES.—

‘‘(A) IN GENERAL.—

‘‘(i) ELIGIBILITY.—To be eligible to participate in

a limited access privilege program to harvest fish, a

fishing community shall—

‘‘(I) be located within the management area

of the relevant Council;

‘‘(II) 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 fisherydependent 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

Plan.

Criteria.

Federal Register,

publication.

Deadlines.

120 STAT. 3588 PUBLIC LAW 109–479—JAN. 12, 2007

and economic development needs of coastal

communities, including those that have not historically had the resources to participate in the

fishery, for approval based on criteria developed

by the Council that have been approved by the

Secretary and published in the Federal Register.

‘‘(ii) FAILURE TO COMPLY WITH PLAN.—The Secretary shall deny or revoke limited access privileges

granted under this section for any person who fails

to comply with the requirements of the community

sustainability plan. Any limited access privileges

denied or revoked under this section may be reallocated

to other eligible members of the fishing community.

‘‘(B) PARTICIPATION CRITERIA.—In developing participation criteria for eligible communities under this paragraph,

a Council shall consider—

‘‘(i) traditional fishing or processing practices in,

and dependence on, the fishery;

‘‘(ii) the cultural and social framework relevant

to the fishery;

‘‘(iii) economic barriers to access to fishery;

‘‘(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters,

captains, crew, processors, and other businesses

substantially dependent upon the fishery in the region

or subregion;

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

‘‘(vi) the potential for improving economic conditions in remote coastal communities lacking resources

to participate in harvesting or processing activities

in the fishery.

‘‘(4) REGIONAL FISHERY ASSOCIATIONS.— ‘‘(A) IN GENERAL.—To be eligible to participate in a

limited access privilege program to harvest fish, a regional

fishery association shall—

‘‘(i) be located within the management area of the

relevant Council;

‘‘(ii) 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

Criteria.

Federal Register,

publication.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3589

‘‘(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 or revoke limited access privileges granted under

this section to any person participating in a regional fishery

association who fails to comply with the requirements of

the regional fishery association plan.

‘‘(C) PARTICIPATION CRITERIA.—In developing participation criteria for eligible regional fishery associations under

this paragraph, a Council shall consider—

‘‘(i) traditional fishing or processing practices in,

and dependence on, the fishery;

‘‘(ii) the cultural and social framework relevant

to the fishery;

‘‘(iii) economic barriers to access to fishery;

‘‘(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters,

captains, crew, processors, and other businesses

substantially dependent upon the fishery in the region

or subregion;

‘‘(v) the administrative and fiduciary soundness

of the association; and

‘‘(vi) the expected effectiveness, operational transparency, and equitability of the fishery association

plan.

‘‘(5) ALLOCATION.—In developing a limited access privilege

program to harvest fish a Council or the Secretary shall—

‘‘(A) establish procedures to ensure fair and equitable

initial allocations, including consideration of—

‘‘(i) current and historical harvests;

‘‘(ii) employment in the harvesting and processing

sectors;

‘‘(iii) investments in, and dependence upon, the

fishery; and

‘‘(iv) the current and historical participation of

fishing communities;

‘‘(B) consider the basic cultural and social framework

of the fishery, especially through—

‘‘(i) the development of policies to promote the

sustained participation of small owner-operated fishing

vessels and fishing communities that depend on the

fisheries, including regional or port-specific landing or

delivery requirements; and

‘‘(ii) procedures to address concerns over excessive

geographic or other consolidation in the harvesting

or processing sectors of the fishery;

‘‘(C) include measures to assist, when necessary and

appropriate, entry-level and small vessel owner-operators,

captains, crew, and fishing communities through set-asides

of harvesting allocations, including providing privileges,

which may include set-asides or allocations of harvesting

privileges, or economic assistance in the purchase of limited

access privileges;

Procedures.

Plan.

120 STAT. 3590 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(D) ensure that limited access privilege holders do

not acquire an excessive share of the total limited access

privileges in the program by—

‘‘(i) establishing a maximum share, expressed as

a percentage of the total limited access privileges, that

a limited access privilege holder is permitted to hold,

acquire, or use; and

‘‘(ii) establishing any other limitations or measures

necessary to prevent an inequitable concentration of

limited access privileges; and

‘‘(E) authorize limited access privileges to harvest fish

to be held, acquired, used by, or issued under the system

to persons who substantially participate in the fishery,

including in a specific sector of such fishery, as specified

by the Council.

‘‘(6) PROGRAM INITIATION.— ‘‘(A) LIMITATION.—Except as provided in subparagraph

(D), a Council may initiate a fishery management plan

or amendment to establish a limited access privilege program to harvest fish on its own initiative or if the Secretary

has certified an appropriate petition.

‘‘(B) PETITION.—A group of fishermen constituting more

than 50 percent of the permit holders, or holding more

than 50 percent of the allocation, in the fishery for which

a limited access privilege program to harvest fish is sought,

may submit a petition to the Secretary requesting that

the relevant Council or Councils with authority over the

fishery be authorized to initiate the development of the

program. Any such petition shall clearly state the fishery

to which the limited access privilege program would apply.

For multispecies permits in the Gulf of Mexico, only those

participants who have substantially fished the species proposed to be included in the limited access program shall

be eligible to sign a petition for such a program and shall

serve as the basis for determining the percentage described

in the first sentence of this subparagraph.

‘‘(C) CERTIFICATION BY SECRETARY.—Upon the receipt

of any such petition, the Secretary shall review all of the

signatures on the petition and, if the Secretary determines

that the signatures on the petition represent more than

50 percent of the permit holders, or holders of more than

50 percent of the allocation in the fishery, as described

by subparagraph (B), the Secretary shall certify the petition

to the appropriate Council or Councils.

‘‘(D) NEW ENGLAND AND GULF REFERENDUM.—

‘‘(i) Except as provided in clause (iii) for the Gulf

of Mexico commercial red snapper fishery, the New

England and Gulf Councils may not submit, and the

Secretary may not approve or implement, a fishery

management plan or amendment that creates an individual fishing quota program, including a Secretarial

plan, unless such a system, as ultimately developed,

has been approved by more than 2⁄3 of those voting

in a referendum among eligible permit holders, or other

persons described in clause (v), with respect to the

New England Council, and by a majority of those voting

in the referendum among eligible permit holders with

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3591

respect to the Gulf Council. For multispecies permits

in the Gulf of Mexico, only those participants who

have substantially fished the species proposed to be

included in the individual fishing quota program shall

be eligible to vote in such a referendum. If an individual fishing quota program fails to be approved by

the requisite number of those voting, it may be revised

and submitted for approval in a subsequent referendum.

‘‘(ii) 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.

‘‘(v) The Secretary shall promulgate criteria for

determining whether additional fishery participants

are eligible to vote in the New England referendum

described in clause (i) in order to ensure that crew

members who derive a significant percentage of their

total income from the fishery under the proposed program are eligible to vote in the referendum.

‘‘(vi) In this subparagraph, the term ‘individual

fishing quota’ does not include a sector allocation.

‘‘(7) TRANSFERABILITY.—In establishing a limited access

privilege program, a Council shall—

‘‘(A) establish a policy and criteria for the transferability of limited access privileges (through sale or lease),

that is consistent with the policies adopted by the Council

for the fishery under paragraph (5); and

‘‘(B) establish, in coordination with the Secretary, a

process for monitoring of transfers (including sales and

leases) of limited access privileges.

‘‘(8) 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

Applicability.

Applicability.

Criteria.

Criteria.

Applicability.

Deadline.

Publication.

Guidelines.

Procedures.

Referendum.

Notification.

120 STAT. 3592 PUBLIC LAW 109–479—JAN. 12, 2007

Commission Act to the extent that such section 5 applies to

unfair methods of competition.

‘‘(d) AUCTION AND OTHER PROGRAMS.—In establishing a limited

access privilege program, a Council shall consider, and may provide,

if appropriate, an auction system or other program to collect royalties for the initial, or any subsequent, distribution of allocations

in a limited access privilege program if—

‘‘(1) the system or program is administered in such a way

that the resulting distribution of limited access privilege shares

meets the program requirements of this section; and

‘‘(2) revenues generated through such a royalty program

are deposited in the Limited Access System Administration

Fund established by section 305(h)(5)(B) and available subject

to annual appropriations.

‘‘(e) COST RECOVERY.—In establishing a limited access privilege

program, a Council shall—

‘‘(1) develop a methodology and the means to identify and

assess the management, data collection and analysis, and

enforcement programs that are directly related to and in support of the program; and

‘‘(2) provide, under section 304(d)(2), for a program of fees

paid by limited access privilege holders that will cover the

costs of management, data collection and analysis, and enforcement activities.

‘‘(f) CHARACTERISTICS.—A limited access privilege established

after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 is a permit

issued for a period of not more than 10 years that—

‘‘(1) will be renewed before the end of that period, unless

it has been revoked, limited, or modified as provided in this

subsection;

‘‘(2) will be revoked, limited, or modified if the holder

is found by the Secretary, after notice and an opportunity

for a hearing under section 554 of title 5, United States Code,

to have failed to comply with any term of the plan identified

in the plan as cause for revocation, limitation, or modification

of a permit, which may include conservation requirements

established under the plan;

‘‘(3) may be revoked, limited, or modified if the holder

is found by the Secretary, after notice and an opportunity

for a hearing under section 554 of title 5, United States Code,

to have committed an act prohibited by section 307 of this

Act; and

‘‘(4) may be acquired, or reacquired, by participants in

the program under a mechanism established by the Council

if it has been revoked, limited, or modified under paragraph

(2) or (3).

‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PURCHASE PROGRAM.—

‘‘(1) IN GENERAL.—A Council may submit, and the Secretary

may approve and implement, a program which reserves up

to 25 percent of any fees collected from a fishery under section

304(d)(2) to be used, pursuant to section 53706(a)(7) of title

46, United States Code, to issue obligations that aid in

financing—

‘‘(A) the purchase of limited access privileges in that

fishery by fishermen who fish from small vessels; and

Permit period.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3593

‘‘(B) the first-time purchase of limited access privileges

in that fishery by entry level fishermen.

‘‘(2) ELIGIBILITY CRITERIA.—A Council making a submission

under paragraph (1) shall recommend criteria, consistent with

the provisions of this Act, that a fisherman must meet to

qualify for guarantees under subparagraphs (A) and (B) of

paragraph (1) and the portion of funds to be allocated for

guarantees under each subparagraph.

‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.—

Nothing in this Act, or the amendments made by the MagnusonStevens 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 MagnusonStevens Fishery Conservation and Management Reauthorization

Act of 2006.

‘‘(i) TRANSITION RULES.—

‘‘(1) IN GENERAL.—The requirements of this section shall

not apply to any quota program, including any individual quota

program, cooperative program, or sector allocation for which

a Council has taken final action or which has been submitted

by a Council to the Secretary, or approved by the Secretary,

within 6 months after the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006, except that—

‘‘(A) the requirements of section 303(d) of this Act

in effect on the day before the date of enactment of that

Act shall apply to any such program;

‘‘(B) the program shall be subject to review under subsection (c)(1)(G) of this section not later than 5 years after

the program implementation; and

‘‘(C) nothing in this subsection precludes a Council

from incorporating criteria contained in this section into

any such plans.

‘‘(2) PACIFIC GROUNDFISH PROPOSALS.—The requirements

of this section, other than subparagraphs (A) and (B) of subsection (c)(1) and subparagraphs (A), (B), and (C) of paragraph

(1) of this subsection, shall not apply to any proposal authorized

under section 302(f) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 that

is submitted within the timeframe prescribed by that section.’’.

(b) FEES.—Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is

amended by striking ‘‘management and enforcement’’ and inserting

‘‘management, data collection, and enforcement’’.

(c) 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).’’.

16 USC 1891.

Applicability.

Deadlines.

120 STAT. 3594 PUBLIC LAW 109–479—JAN. 12, 2007

(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 6 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 12

months after the date of enactment of that Act.

‘‘(4) PUBLIC PARTICIPATION.—The Secretary is authorized

and directed, in cooperation with the Council on Environmental

Quality and the Councils, to involve the affected public in

the development of revised procedures, including workshops

or other appropriate means of public involvement.’’.

SEC. 108. EMERGENCY REGULATIONS.

(a) LENGTHENING OF SECOND EMERGENCY PERIOD.—Section

305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ‘‘180

days,’’ the second time it appears and inserting ‘‘186 days,’’.

(b) TECHNICAL AMENDMENT.—Section 305(c)(3)(D) (16 U.S.C.

1855(c)(3)(D)) is amended by inserting ‘‘or interim measures’’ after

‘‘emergency regulations’’.

Deadline.

Public comments.

Deadline.

16 USC 1853a

note.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3595

SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY

DEVELOPMENT.

Section 305 (16 U.S.C. 1855) is amended by adding at the

end thereof the following:

‘‘(j) WESTERN PACIFIC AND NORTHERN PACIFIC REGIONAL

MARINE EDUCATION AND TRAINING.—

‘‘(1) IN GENERAL.—The Secretary shall establish a pilot

program for regionally-based marine education and training

programs in the Western Pacific and the Northern Pacific to

foster understanding, practical use of knowledge (including

native Hawaiian, Alaskan Native, and other Pacific Islanderbased knowledge), and technical expertise relevant to stewardship of living marine resources. The Secretary shall, in cooperation with the Western Pacific and the North Pacific Regional

Fishery Management Councils, regional educational institutions, and local Western Pacific and Northern Pacific community training entities, establish programs or projects that will

improve communication, education, and training on marine

resource issues throughout the region and increase scientific

education for marine-related professions among coastal community residents, including indigenous Pacific islanders, Native

Hawaiians, Alaskan Natives, and other underrepresented

groups in the region.

‘‘(2) PROGRAM COMPONENTS.—The program shall—

‘‘(A) include marine science and technology education

and training programs focused on preparing community

residents for employment in marine related professions,

including marine resource conservation and management,

marine science, marine technology, and maritime operations;

‘‘(B) include fisheries and seafood-related training programs, including programs for fishery observers, seafood

safety and seafood marketing, focused on increasing the

involvement of coastal community residents in fishing,

fishery management, and seafood-related operations;

‘‘(C) include outreach programs and materials to educate and inform consumers about the quality and sustainability of wild fish or fish products farmed through responsible aquaculture, particularly in Hawaii, Alaska, the

Western Pacific, the Northern Pacific, and the Central

Pacific;

‘‘(D) include programs to identify, with the fishing

industry, methods and technologies that will improve the

data collection, quality, and reporting and increase the

sustainability of fishing practices, and to transfer such

methods and technologies among fisheries sectors and to

other nations in the Western, Northern, and Central

Pacific;

‘‘(E) develop means by which local and traditional

knowledge (including Pacific islander, Native Hawaiian,

and Alaskan Native knowledge) can enhance science-based

management of fishery resources of the region; and

‘‘(F) develop partnerships with other Western Pacific

Island and Alaskan agencies, academic institutions, and

other entities to meet the purposes of this section.’’.

120 STAT. 3596 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

Section 305 (16 U.S.C. 1855), as amended by section 109 of

this Act, is further amended by adding at the end thereof the

following:

‘‘(k) MULTISPECIES GROUNDFISH.—

‘‘(1) IN GENERAL.—Within 60 days after the date of enactment of the Magnuson-Stevens Fishery Conservation and

Management Reauthorization Act of 2006, the Secretary of

Commerce shall determine whether fishing in State waters—

‘‘(A) without a New England multispecies groundfish

fishery permit on regulated species within the multispecies

complex is not consistent with the applicable Federal

fishery management plan; or

‘‘(B) without a Federal bottomfish and seamount

groundfish permit in the Hawaiian archipelago on regulated species within the complex is not consistent with

the applicable Federal fishery management plan or State

data are not sufficient to make such a determination.

‘‘(2) CURE.—If the Secretary makes a determination that

such actions are not consistent with the plan, the Secretary

shall, in consultation with the Council, and after notifying

the affected State, develop and implement measures to cure

the inconsistency pursuant to section 306(b).’’.

SEC. 111. JOINT ENFORCEMENT AGREEMENTS.

(a) IN GENERAL.—Section 311 (16 U.S.C. 1861) is amended—

(1) by striking ‘‘and’’ after the semicolon in subsection

(b)(1)(A)(iv);

(2) by inserting ‘‘and’’ after the semicolon in subsection

(b)(1)(A)(v);

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

following:

‘‘(vi) access, directly or indirectly, for enforcement

purposes any data or information required to be provided under this title or regulations under this title,

including data from vessel monitoring systems, satellite-based maritime distress and safety systems, or

any similar system, subject to the confidentiality provisions of section 402;’’;

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

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

‘‘(h) JOINT ENFORCEMENT AGREEMENTS.—

‘‘(1) IN GENERAL.—The Governor of an eligible State may

apply to the Secretary for execution of a joint enforcement

agreement with the Secretary that will authorize the deputization and funding of State law enforcement officers with marine

law enforcement responsibilities to perform duties of the Secretary relating to law enforcement provisions under this title

or any other marine resource law enforced by the Secretary.

Upon receiving an application meeting the requirements of

this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State.

‘‘(2) ELIGIBLE STATE.—A State is eligible to participate in

the cooperative enforcement agreements under this section if

it is in, or bordering on, the Atlantic Ocean (including the

Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf

Notification.

Deadline.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3597

of Mexico, Long Island Sound, or 1 or more of the Great

Lakes.

‘‘(3) REQUIREMENTS.—Joint enforcement agreements

executed under paragraph (1)—

‘‘(A) shall be consistent with the purposes and intent

of this section to the extent applicable to the regulated

activities;

‘‘(B) may include specifications for joint management

responsibilities as provided by the first section of Public

Law 91–412 (15 U.S.C. 1525); and

‘‘(C) shall provide for confidentiality of data and

information submitted to the State under section 402.

‘‘(4) ALLOCATION OF FUNDS.—The Secretary shall include

in each joint enforcement agreement an allocation of funds

to assist in management of the agreement. The allocation shall

be fairly distributed among all eligible States participating

in cooperative enforcement agreements under this subsection,

based upon consideration of Federal marine enforcement needs,

the specific marine conservation enforcement needs of each

participating eligible State, and the capacity of the State to

undertake the marine enforcement mission and assist with

enforcement needs. The agreement may provide for amounts

to be withheld by the Secretary for the cost of any technical

or other assistance provided to the State by the Secretary

under the agreement.

‘‘(i) IMPROVED DATA SHARING.—

‘‘(1) 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 satellitebased maritime distress and safety systems, vessel monitoring

systems, or similar systems—

‘‘(A) directly accessible by State enforcement officers

authorized under subsection (a) of this section; and

‘‘(B) available to a State management agency involved

in, or affected by, management of a fishery if the State

has entered into an agreement with the Secretary under

section 402(b)(1)(B) of this Act.

‘‘(2) AGREEMENT REQUIRED.—The Secretary shall promptly

enter into an agreement with a State under section 402(b)(1)(B)

of this Act if—

‘‘(A) the Attorney General or highest ranking legal

officer of the State provides a written opinion or certification that State law allows the State to maintain the

confidentiality of information required by Federal law to

be kept confidential; or

‘‘(B) the Secretary is provided other reasonable assurance that the State can and will protect the identity or

business of any person to which such information relates.’’.

(b) REPORT.—Within 15 months after the date of enactment

of this Act, the National Marine Fisheries Service and the United

States Coast Guard shall transmit a joint report to the Senate

Committee on Commerce, Science, and Transportation and the

House of Representatives Committee on Resources containing—

Deadline.

120 STAT. 3598 PUBLIC LAW 109–479—JAN. 12, 2007

(1) a cost-to-benefit analysis of the feasibility, value, and

cost of using vessel monitoring systems, satellite-based maritime distress and safety systems, or similar systems for fishery

management, conservation, enforcement, and safety purposes

with the Federal government bearing the capital costs of any

such system;

(2) an examination of the cumulative impact of existing

requirements for commercial vessels;

(3) an examination of whether satellite-based maritime

distress and safety systems, or similar requirements would

overlap existing requirements or render them redundant;

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

(5) an examination of how to maximize the data-sharing

opportunities between relevant State and Federal agencies and

provide specific information on how to develop these opportunities, including the provision of direct access to satellite-based

maritime distress and safety system or similar system data

to State enforcement officers, while considering the need to

maintain or provide an appropriate level of individual vessel

confidentiality where practicable; and

(6) an assessment of how the satellite-based maritime distress and safety system or similar systems could be developed,

purchased, and distributed to regulated vessels.

SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.

(a) IN GENERAL.—Section 312 (16 U.S.C. 1861a) is amended—

(1) by striking ‘‘measures;’’ in subsection (a)(1)(B) and

inserting ‘‘measures, including regulatory restrictions (including

those imposed as a result of judicial action) imposed to protect

human health or the marine environment;’’;

(2) by striking ‘‘1996, 1997, 1998, and 1999.’’ in subsection

(a)(4) and inserting ‘‘2007 through 2013.’’;

(3) by striking ‘‘or the Governor of a State for fisheries

under State authority, may conduct a fishing’’ in subsection

(b)(1) and inserting ‘‘the Governor of a State for fisheries under

State authority, or a majority of permit holders in the fishery,

may conduct a voluntary fishing’’;

(4) by inserting ‘‘practicable’’ after ‘‘entrants,’’ in subsection

(b)(1)(B)(i);

(5) by striking ‘‘cost-effective and’’ in subsection (b)(1)(C)

and inserting ‘‘cost-effective and, in the instance of a program

involving an industry fee system, prospectively’’;

(6) by striking subparagraph (A) of subsection (b)(2) and

inserting the following:

‘‘(A) the owner of a fishing vessel, if the permit authorizing

the participation of the vessel in the fishery is surrendered

for permanent revocation and the vessel owner and permit

holder relinquish any claim associated with the vessel or permit

that could qualify such owner or holder for any present or

future limited access system permit in the fishery for which

the program is established or in any other fishery and such

vessel is (i) scrapped, or (ii) through the Secretary of the department in which the Coast Guard is operating, subjected to

title restrictions (including loss of the vessel’s fisheries endorsement) that permanently prohibit and effectively prevent its

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3599

use in fishing in federal or state waters, or fishing on the

high seas or in the waters of a foreign nation; or’’;

(7) by striking ‘‘The Secretary shall consult, as appropriate,

with Councils,’’ in subsection (b)(4) and inserting ‘‘The harvester

proponents of each program and the Secretary shall consult,

as appropriate and practicable, with Councils,’’;

(8) by adding at the end of subsection (b) the following:

‘‘(5) PAYMENT CONDITION.—The Secretary may not make a payment under paragraph (2) with respect to a vessel that will not

be scrapped unless the Secretary certifies that the vessel will not

be used for fishing in the waters of a foreign nation or fishing

on the high seas.

‘‘(6) REPORT.—

‘‘(A) IN GENERAL.—Subject to the availability of funds, the

Secretary shall, within 12 months after the date of the enactment of the Magnuson-Stevens Fishery Conservation and

Management Reauthorization Act of 2006 submit to the Congress a report—

‘‘(i) identifying and describing the 20 fisheries in United

States waters with the most severe examples of excess

harvesting capacity in the fisheries, based on value of

each fishery and the amount of excess harvesting capacity

as determined by the Secretary;

‘‘(ii) recommending measures for reducing such excess

harvesting capacity, including the retirement of any latent

fishing permits that could contribute to further excess harvesting capacity in those fisheries; and

‘‘(iii) potential sources of funding for such measures.

‘‘(B) BASIS FOR RECOMMENDATIONS.—The Secretary shall

base the recommendations made with respect to a fishery on—

‘‘(i) the most cost effective means of achieving voluntary

reduction in capacity for the fishery using the potential

for industry financing; and

‘‘(ii) including measures to prevent the capacity that

is being removed from the fishery from moving to other

fisheries in the United States, in the waters of a foreign

nation, or on the high seas.’’;

(9) by striking ‘‘Secretary, at the request of the appropriate

Council,’’ in subsection (d)(1)(A) and inserting ‘‘Secretary’’;

(10) by striking ‘‘Secretary, in consultation with the

Council,’’ in subsection (d)(1)(A) and inserting ‘‘Secretary’’;

(11) by striking ‘‘a two-thirds majority of the participants

voting.’’ in subsection (d)(1)(B) and inserting ‘‘at least a majority

of the permit holders in the fishery, or 50 percent of the

permitted allocation of the fishery, who participated in the

fishery.’’;

(12) by striking ‘‘establish;’’ in subsection (d)(2)(C) and

inserting ‘‘establish, unless the Secretary determines that such

fees should be collected from the seller;’’; and

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

‘‘(e) IMPLEMENTATION PLAN.—

‘‘(1) FRAMEWORK REGULATIONS.—The Secretary shall propose and adopt framework regulations applicable to the

implementation of all programs under this section.

Certification.

120 STAT. 3600 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(2) PROGRAM REGULATIONS.—The Secretary shall implement each program under this section by promulgating regulations that, together with the framework regulations, establish

each program and control its implementation.

‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTATION PLAN.—The

Secretary may not propose implementation regulations for a

program to be paid for by an industry fee system until the

harvester proponents of the program provide to the Secretary

a proposed implementation plan that, among other matters—

‘‘(A) proposes the types and numbers of vessels or

permits that are eligible to participate in the program

and the manner in which the program shall proceed, taking

into account—

‘‘(i) the requirements of this section;

‘‘(ii) the requirements of the framework regulations;

‘‘(iii) the characteristics of the fishery and affected

fishing communities;

‘‘(iv) the requirements of the applicable fishery

management plan and any amendment that such plan

may require to support the proposed program;

‘‘(v) the general needs and desires of harvesters

in the fishery;

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

‘‘(vii) other matters, including the manner in which

such proponents propose to fund the program to ensure

its cost effectiveness, as well as any relevant factors

demonstrating the potential for, or necessary to obtain,

the support and general cooperation of a substantial

number of affected harvesters in the fishery (or portion

of the fishery) for which the program is intended; and

‘‘(B) proposes procedures for program participation

(such as submission of owner bids under an auction system

or fair market-value assessment), including any terms and

conditions for participation, that the harvester proponents

deem to be reasonably necessary to meet the program’s

proposed objectives.

‘‘(4) PARTICIPATION CONTRACTS.—The Secretary shall contract with each person participating in a program, and each

such contract shall, in addition to including such other matters

as the Secretary deems necessary and appropriate to effectively

implement each program (including penalties for contract nonperformance) 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.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3601

‘‘(6) BID INVITATIONS.—Each program shall proceed by the

Secretary issuing invitations to bid setting out the terms and

conditions for participation consistent with the framework and

implementing regulations. Each bid that the Secretary receives

in response to the invitation to bid shall constitute an irrevocable offer from the bidder.’’.

(b) TECHNICAL AMENDMENT.—Sections 116, 203, 204, 205, and

206 of the Sustainable Fisheries Act are deemed to have added

sections 312, 402, 403, 404, and 405, respectively to the Act as

of the date of enactment of the Sustainable Fisheries Act.

SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION,

AND RECOVERY PROGRAM.

(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) is amended

by adding at the end the following:

‘‘SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION,

AND RECOVERY PROGRAM.

‘‘(a) IN GENERAL.—When there is a catastrophic regional fishery

disaster the Secretary may, upon the request of, and in consultation

with, the Governors of affected States, establish a regional economic

transition program to provide immediate disaster relief assistance

to the fishermen, charter fishing operators, United States fish processors, and owners of related fishery infrastructure affected by

the disaster.

‘‘(b) PROGRAM COMPONENTS.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the program shall provide funds or other economic assistance to affected entities, or to governmental entities for

disbursement to affected entities, for—

‘‘(A) meeting immediate regional shoreside fishery

infrastructure needs, including processing facilities, cold

storage facilities, ice houses, docks, including temporary

docks and storage facilities, and other related shoreside

fishery support facilities and infrastructure while ensuring

that those projects will not result in an increase or replacement of fishing capacity;

‘‘(B) financial assistance and job training assistance

for fishermen who wish to remain in a fishery in the

region that may be temporarily closed as a result of

environmental or other effects associated with the disaster;

‘‘(C) funding, pursuant to the requirements of section

312(b), to fishermen who are willing to scrap a fishing

vessel and permanently surrender permits for fisheries

named on that vessel; and

‘‘(D) any other activities authorized under section 312

of this Act or section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)).

‘‘(2) JOB TRAINING.—Any fisherman who decides to scrap

a fishing vessel under the program shall be eligible for job

training assistance.

‘‘(3) STATE PARTICIPATION OBLIGATION.—The participation

by a State in the program shall be conditioned upon a commitment by the appropriate State entity to ensure that the relevant

State fishery meets the requirements of section 312(b) of this

Act to ensure excess capacity does not re-enter the fishery.

‘‘(4) NO MATCHING REQUIRED.—The Secretary may waive

the matching requirements of section 312 of this Act, section

16 USC 1864.

15 USC 1861a

note.

120 STAT. 3602 PUBLIC LAW 109–479—JAN. 12, 2007

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

Deadline.

16 USC 460ss

note.

Deadline.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3603

(D) the actions taken by the Secretary to address the

calendar year 2003 National Research Council recommendations regarding monitoring and research on

Klamath River Basin salmon stocks.

(c) OREGON AND CALIFORNIA SALMON FISHERY.—Federally recognized Indian tribes and small businesses, including fishermen,

fish processors, and related businesses serving the fishing industry,

adversely affected by Federal closures and fishing restrictions in

the Oregon and California 2006 fall Chinook salmon fishery are

eligible to receive direct assistance under section 312(a) of the

Magnuson-Stevens Fishery Conservation and Management Act (16

U.S.C. 1861a(a)) and section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)). The Secretary may use no

more than 4 percent of any monetary assistance to pay for administrative costs.

SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.

(a) LOAN ASSISTANCE.—Subject to availability of appropriations,

the Secretary of Commerce shall provide assistance to eligible

holders of fishery finance program loans and allocate such assistance among eligible holders based upon their outstanding principal

balances as of December 2, 2005, for any of the following purposes:

(1) To defer principal payments on the debt for 1 year

and re-amortize the debt over the remaining term of the loan.

(2) To allow for an extension of the term of the loan

for up to 1 year beyond the remaining term of the loan, or

September 30, 2013, whichever is later.

(3) To pay the interest costs for such loans over fiscal

years 2007 through 2013, not to exceed amounts authorized

under subsection (d).

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

(b) LOAN FORGIVENESS.—Upon application made by an eligible

holder of a fishery finance program loan, made at such time, in

such manner, and containing such information as the Secretary

may require, the Secretary, on a calendar year basis beginning

in 2005, may, with respect to uninsured losses—

(1) offset against the outstanding balance on the loan an

amount equal to the sum of the amounts expended by the

holder during the calendar year to repair or replace covered

vessels or facilities, or to invest in new fisheries infrastructure

within or for use within the declared fisheries disaster area;

or

(2) cancel the amount of debt equal to 100 hundred percent

of actual expenditures on eligible repairs, reinvestment, expansion, or new investment in fisheries infrastructure in the disaster region, or repairs to, or replacement of, eligible fishing

vessels.

(c) DEFINITIONS.—In this section:

(1) DECLARED FISHERIES DISASTER AREA.—The term

‘‘declared fisheries disaster area’’ means fisheries located in

the major disaster area designated by the President under

the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane

Katrina or Hurricane Rita.

(2) ELIGIBLE HOLDER.—The term ‘‘eligible holder’’ means

the holder of a fishery finance program loan if—

120 STAT. 3604 PUBLIC LAW 109–479—JAN. 12, 2007

(A) that loan is used to guarantee or finance any fishing

vessel or fish processing facility home-ported or located

within the declared fisheries disaster area; and

(B) the holder makes expenditures to repair or replace

such covered vessels or facilities, or invests in new fisheries

infrastructure within or for use within the declared fisheries disaster area, to restore such facilities following the

disaster.

(3) FISHERY FINANCE PROGRAM LOAN.—The term ‘‘fishery

finance program loan’’ means a loan made or guaranteed under

the fishery finance program under chapter 537 of title 46,

United States Code.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Commerce for the purposes

of this section not more than $15,000,000 for each eligible holder

for the period beginning with fiscal year 2007 through fiscal year

2013.

SEC. 115. FISHERIES HURRICANE ASSISTANCE PROGRAM.

(a) IN GENERAL.—The Secretary of Commerce shall establish

an assistance program for the Gulf of Mexico commercial and recreational fishing industry.

(b) ALLOCATION OF FUNDS.—Under the program, the Secretary

shall allocate funds appropriated to carry out the program among

the States of Alabama, Louisiana, Florida, Mississippi, and Texas

in proportion to the percentage of the fishery (including crawfish)

catch landed by each State before August 29, 2005, except that

the amount allocated to Florida shall be based exclusively on the

proportion of such catch landed by the Florida Gulf Coast fishery.

(c) USE OF FUNDS.—Of the amounts made available to each

State under the program—

(1) 2 percent shall be retained by the State to be used

for the distribution of additional payments to fishermen with

a demonstrated record of compliance with turtle excluder and

bycatch reduction device regulations; and

(2) the remainder of the amounts shall be used for—

(A) personal assistance, with priority given to food,

energy needs, housing assistance, transportation fuel, and

other urgent needs;

(B) assistance for small businesses, including fishermen, fish processors, and related businesses serving the

fishing industry;

(C) domestic product marketing and seafood promotion;

(D) State seafood testing programs;

(E) the development of limited entry programs for the

fishery;

(F) funding or other incentives to ensure widespread

and proper use of turtle excluder devices and bycatch reduction devices in the fishery; and

(G) voluntary capacity reduction programs for shrimp

fisheries under limited access programs.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Commerce $17,500,000 for

each of fiscal years 2007 through 2012 to carry out this section.

State listing.

16 USC 1864

note.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3605

SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.

(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.), as amended

by section 113 of this Act, is further amended by adding at the

end the following:

‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

‘‘(a) BYCATCH REDUCTION ENGINEERING PROGRAM.—Not later

than 1 year after the date of enactment of the Magnuson-Stevens

Fishery Conservation and Management Reauthorization Act of

2006, the Secretary, in cooperation with the Councils and other

affected interests, and based upon the best scientific information

available, shall establish a bycatch reduction program, including

grants, to develop technological devices and other conservation

engineering changes designed to minimize bycatch, seabird interactions, bycatch mortality, and post-release mortality in Federally

managed fisheries. The program shall—

‘‘(1) be regionally based;

‘‘(2) be coordinated with projects conducted under the

cooperative research and management program established

under this Act;

‘‘(3) provide information and outreach to fishery participants that will encourage adoption and use of technologies

developed under the program; and

‘‘(4) provide for routine consultation with the Councils in

order to maximize opportunities to incorporate results of the

program in Council actions and provide incentives for adoption

of methods developed under the program in fishery management plans developed by the Councils.

‘‘(b) INCENTIVES.—Any fishery management plan prepared by

a Council or by the Secretary may establish a system of incentives

to reduce total bycatch and seabird interactions, amounts, bycatch

rates, and post-release mortality in fisheries under the Council’s

or Secretary’s jurisdiction, including—

‘‘(1) measures to incorporate bycatch into quotas, including

the establishment of collective or individual bycatch quotas;

‘‘(2) measures to promote the use of gear with verifiable

and monitored low bycatch and seabird interactions, rates;

and

‘‘(3) measures that, based on the best scientific information

available, will reduce bycatch and seabird interactions, bycatch

mortality, post-release mortality, or regulatory discards in the

fishery.

‘‘(c) COORDINATION ON SEABIRD INTERACTIONS.—The Secretary,

in coordination with the Secretary of Interior, is authorized to

undertake projects in cooperation with industry to improve information and technology to reduce seabird bycatch, including—

‘‘(1) outreach to industry on new technologies and methods;

‘‘(2) projects to mitigate for seabird mortality; and

‘‘(3) actions at appropriate international fishery organizations to reduce seabird interactions in fisheries.

‘‘(d) REPORT.—The Secretary shall transmit an annual report

to the Senate Committee on Commerce, Science, and Transportation

and the House of Representatives Committee on Resources that—

‘‘(1) describes funding provided to implement this section;

‘‘(2) describes developments in gear technology achieved

under this section; and

Deadline.

16 USC 1865.

120 STAT. 3606 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(3) describes improvements and reduction in bycatch and

seabird interactions associated with implementing this section,

as well as proposals to address remaining bycatch or seabird

interaction problems.’’.

(b) CDQ BYCATCH LIMITATIONS.—

(1) IN GENERAL.—Section 305(i) (16 U.S.C. 1855(i)) is

amended—

(A) by striking ‘‘directed fishing allocation’’ and all

that follows in paragraph (1)(B)(ii)(I), and inserting ‘‘total

allocation (directed and nontarget combined) of 10.7 percent

effective January 1, 2008; and’’;

(B) by striking ‘‘directed fishing allocation of 10 percent.’’ in paragraph (1)(B)(ii)(II) and inserting ‘‘total allocation (directed and nontarget combined) of 10.7 percent.’’;

(C) by inserting after paragraph (1)(B)(ii) the following:

‘‘The total allocation (directed and nontarget combined)

for a fishery to which subclause (I) or (II) applies

may not be exceeded.’’; and

(D) by inserting ‘‘Voluntary transfers by and among

eligible entities shall be allowed, whether before or after

harvesting. Notwithstanding the first sentence of this

subparagraph, seven-tenths of one percent of the total

allowable catch, guideline harvest level, or other annual

catch limit, within the amount allocated to the program

by subclause (I) or subclause (II) of subparagraph (B)(ii),

shall be allocated among the eligible entities by the panel

established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities

in the absence of a panel decision.’’ after ‘‘2006.’’ in paragraph (1)(C).

(2) EFFECTIVE DATE.—The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C.

1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector

of a fishery to which such subclause applies and in which

a fishing cooperative is established in 2007, and such sector’s

2007 allocation shall be reduced by a pro rata amount to

accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act and of this subsection,

the term ‘‘fishing cooperative’’ means a fishing cooperative

whether or not authorized by a fishery management council

or Federal agency, if a majority of the participants in the

sector are participants in the fishing cooperative.

SEC. 117. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY

AND COASTAL HABITATS.

(a) IN GENERAL.—The Secretary of Commerce shall establish

a community-based fishery and coastal habitat restoration program

to implement and support the restoration of fishery and coastal

habitats.

(b) AUTHORIZED ACTIVITIES.—In carrying out the program, the

Secretary may—

(1) provide funding and technical expertise to fishery and

coastal communities to assist them in restoring fishery and

coastal habitat;

16 USC 1891a.

16 USC 1855

note.

Applicability.

Effective date.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3607

(2) advance the science and monitoring of coastal habitat

restoration;

(3) transfer restoration technologies to the private sector,

the public, and other governmental agencies;

(4) develop public-private partnerships to accomplish sound

coastal restoration projects;

(5) promote significant community support and volunteer

participation in fishery and coastal habitat restoration;

(6) promote stewardship of fishery and coastal habitats;

and

(7) leverage resources through national, regional, and local

public-private partnerships.

SEC. 118. PROHIBITED ACTS.

Section 307(1) (16 U.S.C. 1857(1)) is amended—

(1) by striking ‘‘or’’ after the semicolon in subparagraph

(O);

(2) by striking ‘‘carcass.’’ in subparagraph (P) and inserting

‘‘carcass;’’; and

(3) by inserting after subparagraph (P) and before the

last sentence the following:

‘‘(Q) to import, export, transport, sell, receive, acquire,

or purchase in interstate or foreign commerce any fish

taken, possessed, transported, or sold in violation of any

foreign law or regulation; or

‘‘(R) to use any fishing vessel to engage in fishing

in Federal or State waters, or on the high seas or in

the waters of another country, after the Secretary has

made a payment to the owner of that fishing vessel under

section 312(b)(2).’’.

SEC. 119. SHARK FEEDING.

Title III (16 U.S.C. 1851 et seq.), as amended by section 116

of this Act, is further amended by adding at the end the following:

‘‘SEC. 317. SHARK FEEDING.

‘‘Except to the extent determined by the Secretary, or under

State law, as presenting no public health hazard or safety risk,

or when conducted as part of a research program funded in whole

or in part by appropriated funds, it is unlawful to introduce, or

attempt to introduce, food or any other substance into the water

to attract sharks for any purpose other than to harvest sharks

within the Exclusive Economic Zone seaward of the State of Hawaii

and of the Commonwealths, territories, and possessions of the

United States in the Pacific Ocean Area.’’.

SEC. 120. CLARIFICATION OF FLEXIBILITY.

(a) IN GENERAL.—The Secretary of Commerce has the discretion

under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) to extend the time for rebuilding

the summer flounder fishery to not later than January 1, 2013,

only if—

(1) the Secretary has determined that—

(A) overfishing is not occurring in the fishery and

that a mechanism is in place to ensure overfishing does

not occur in the fishery; and

(B) stock biomass levels are increasing;

Extension.

Hawaii.

Territories.

16 USC 1866.

120 STAT. 3608 PUBLIC LAW 109–479—JAN. 12, 2007

(2) the biomass rebuilding target previously applicable to

such stock will be met or exceeded within the new time for

rebuilding;

(3) the extension period is based on the status and biology

of the stock and the rate of rebuilding;

(4) monitoring will ensure rebuilding continues;

(5) the extension meets the requirements of section

301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and

(6) the best scientific information available shows that

the extension will allow continued rebuilding.

(b) AUTHORITY.—Nothing in this section shall be construed

to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter

the authority of the Secretary under that Act concerning other

species.

SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY

REDUCTION.

Section 209 of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2884)

is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ after ‘‘SEC. 209.’’;

(2) by striking ‘‘is authorized to’’ in the first sentence and

inserting ‘‘shall’’;

(3) by striking ‘‘$50,000,000’’ and all that follows in the

first sentence and inserting ‘‘up to $25,000,000 pursuant to

section 57735 of title 46, United States Code.’’;

(4) by striking the third sentence and inserting: ‘‘The loan

shall have a term of 40 years.’’; and

(5) by adding at the end the following:

‘‘(b) SOUTHEAST ALASKA FISHERIES PROGRAM.—

‘‘(1) CONDUCT OF PROGRAM BY RSA.—The program described

in subsection (a) shall be conducted under Alaska law by the

Southeast Revitalization Association.

‘‘(2) TREATMENT UNDER CHAPTER 577 OF TITLE 46.—For purposes of section 57735 of title 46, United States Code, the

program shall be considered to be a program established under

section 312 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1861a).

‘‘(3) APPLICATION OF MAGNUSON-STEVENS ACT.—Notwithstanding paragraph (2), the program shall not be subject to

section 312 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1861a), except for subsections

(b)(1)(C) and (d) of that section.

‘‘(c) SOUTHEAST ALASKA FISHERIES PROGRAM APPROVAL AND

REFERENDUM.—

‘‘(1) IN GENERAL.—The Secretary of Commerce may approve

a capacity reduction plan submitted by the Southeast Revitalization Association under subsection (b).

‘‘(2) REFERENDUM.—The Secretary shall conduct an

industry fee system referendum for the buyback under the

program in accordance with section 312(d)(1) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1861a), except that—

‘‘(A) no Council request and no consultation shall be

required; and

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3609

‘‘(B) the fee shall not exceed 3 percent of the annual

ex-vessel value of all salmon harvested in the southeast

Alaska purse seine fishery.

‘‘(d) DISBURSAL OF LOAN PROCEEDS.—If the industry fee system

is approved as provided in section 312(d)(1)(B) of that Act (16

U.S.C. 1861a(d)(1)(B)), the Secretary shall disburse the loan in

the form of reduction payments to participants in such amounts

as the Southeast Revitalization Association certifies to have been

accepted under Alaska law for reduction payments. The Secretary

shall thereafter administer the fee system in accordance with section 312(d)(2) of that Act (16 U.S.C. 1861a(d)(2)), and any person

paying or collecting the fee shall make such payments or collection

such fees in accordance with the requirements of that Act (16

U.S.C. 1801 et seq.)’’.

SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES.

(a) IN GENERAL.—

(1) AMENDMENT OF PLAN.—Not later than 90 days after

the date of enactment of this Act, the Secretary of Commerce

shall amend the fishery management plan for the Bering Sea/

Aleutian Islands King and Tanner Crabs for the Northern

Region (as that term is used in the plan) to authorize—

(A) an eligible entity holding processor quota shares

to elect on an annual basis to work together with other

entities holding processor quota shares and affiliated with

such eligible entity through common ownership to combine

any catcher vessel quota shares for the Northern Region

with their processor quota shares and to exchange them

for newly created catcher/processor owner quota shares

for the Northern Region; and

(B) an eligible entity holding catcher vessel quota

shares to elect on an annual basis to work together with

other entities holding catcher vessel quota shares and affiliated with such eligible entity through common ownership

to combine any processor quota shares for the Northern

Region with their catcher vessel quota shares and to

exchange them for newly created catcher/processor owner

quota shares for the Northern Region.

(2) ELIGIBILITY AND LIMITATIONS.—

(A) The authority provided in paragraph (1)(A) shall—

(i)(I) apply only to an entity which was initially

awarded both catcher/processor owner quota shares,

and processor quota shares under the plan (in combination with the processor quota shares of its commonly

owned affiliates) of less than 7 percent of the Bering

Sea/Aleutian Island processor quota shares; or

(II) apply only to an entity which was initially

awarded both catcher/processor owner quota shares

under the plan and processor quota shares under section 417(a) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120 Stat.

546);

(ii) be limited to processor quota shares initially

awarded to such entities and their commonly owned

affiliates under the plan or section 417(a) of that Act;

and

Applicability.

Deadline.

Alaska.

Fees.

Certification.

120 STAT. 3610 PUBLIC LAW 109–479—JAN. 12, 2007

(iii) shall not exceed 1 million pounds per entity

during any calendar year.

(B) The authority provided in paragraph (1)(B) shall—

(i) apply only to an entity which was initially

awarded both catcher/processor owner quota shares,

and processor quota shares under the plan (in combination with the processor quota shares of its commonly

owned affiliates) of more than 7 percent of the Bering

Sea/Aleutian Island processor quota shares;

(ii) be limited to catcher vessel quota shares initially awarded to such entity and its commonly owned

affiliates; and

(iii) shall not exceed 1 million pounds per entity

during any calendar year.

(3) EXCHANGE RATE.—The entities referred to in paragraph

(1) shall receive under the amendment 1 unit of newly created

catcher/processor owner quota shares in exchange for 1 unit

of catcher vessel owner quota shares and 0.9 units of processor

quota shares.

(4) AREA OF VALIDITY.—Each unit of newly created catcher/

processor owner quota shares under this subsection shall only

be valid for the Northern Region.

(b) FEES.—

(1) LOCAL FEES.—The holder of the newly created catcher/

processor owner quota shares under subsection (a) shall pay

a fee of 5 percent of the ex-vessel value of the crab harvested

pursuant to those shares to any local governmental entities

in the Northern Region if the processor quota shares used

to produce those newly created catcher/processor owner quota

shares were originally derived from the processing activities

that occurred in a community under the jurisdiction of those

local governmental entities.

(2) STATE FEE.—The State of Alaska may collect from the

holder of the newly created catcher/processor owner quota

shares under subsection (a) a fee of 1 percent of the ex-vessel

value of the crab harvested pursuant to those shares.

(c) OFF-LOADING REQUIREMENT.—Crab harvested pursuant to

catcher/processor owner quota shares created under this subsection

shall be off-loaded in those communities receiving the local governmental entities fee revenue set forth in subsection (b)(1).

(d) PERIODIC COUNCIL REVIEW.—As part of its periodic review

of the plan, the North Pacific Fishery Management Council may

review the effect, if any, of this subsection upon communities in

the Northern Region. If the Council determines that this section

adversely affects the communities, the Council may recommend

to the Secretary of Commerce, and the Secretary may approve,

such changes to the plan as are necessary to mitigate those adverse

effects.

(e) USE CAPS.—

(1) IN GENERAL.—Notwithstanding sections 680.42(b)(ii)(2)

and 680.7(a)(ii)(7) of title 50, Code of Federal Regulations,

custom processing arrangements shall not count against any

use cap for the processing of opilio crab in the Northern Region

so long as such crab is processed in the Northern Region

by a shore-based crab processor.

(2) SHORE-BASED CRAB PROCESSOR DEFINED.—In this paragraph, the term ‘‘shore-based crab processor’’ means any person

Applicability.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3611

or vessel that receives, purchases, or arranges to purchase

unprocessed crab, that is located on shore or moored within

the harbor.

TITLE II—INFORMATION AND

RESEARCH

SEC. 201. RECREATIONAL FISHERIES INFORMATION.

Section 401 (16 U.S.C. 1881) is amended by striking subsection

(g) and inserting the following:

‘‘(g) RECREATIONAL FISHERIES.— ‘‘(1) FEDERAL PROGRAM.—The Secretary shall establish and

implement a regionally based registry program for recreational

fishermen in each of the 8 fishery management regions. The

program, which shall not require a fee before January 1, 2011,

shall provide for—

‘‘(A) the registration (including identification and contact information) of individuals who engage in recreational

fishing—

‘‘(i) in the Exclusive Economic Zone;

‘‘(ii) for anadromous species; or

‘‘(iii) for Continental Shelf fishery resources beyond

the Exclusive Economic Zone; and

‘‘(B) if appropriate, the registration (including the

ownership, operator, and identification of the vessel) of

vessels used in such fishing.

‘‘(2) STATE PROGRAMS.—The Secretary shall exempt from

registration under the program recreational fishermen and

charter fishing vessels licensed, permitted, or registered under

the laws of a State if the Secretary determines that information

from the State program is suitable for the Secretary’s use

or is used to assist in completing marine recreational fisheries

statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational

fisheries.

‘‘(3) DATA COLLECTION.—

‘‘(A) IMPROVEMENT OF THE MARINE RECREATIONAL

FISHERY STATISTICS SURVEY.—Within 24 months after the

date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006,

the Secretary, in consultation with representatives of the

recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information

generated by the Marine Recreational Fishery Statistics

Survey, with a goal of achieving acceptable accuracy and

utility for each individual fishery.

‘‘(B) NRC REPORT RECOMMENDATIONS.—The program

shall take into consideration and, to the extent feasible,

implement the recommendations of the National Research

Council in its report Review of Recreational Fisheries

Survey Methods (2006), including—

‘‘(i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation

procedures, its applicability to various kinds of

Deadline.

Exemption.

120 STAT. 3612 PUBLIC LAW 109–479—JAN. 12, 2007

management decisions, and its usefulness for social

and economic analyses; and

‘‘(ii) providing for ongoing technical evaluation and

modification as needed to meet emerging management

needs.

‘‘(C) METHODOLOGY.—Unless the Secretary determines

that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent

possible, include—

‘‘(i) an adequate number of intercepts to accurately

estimate recreational catch and effort;

‘‘(ii) use of surveys that target anglers registered

or licensed at the State or Federal level to collect

participation and effort data;

‘‘(iii) collection and analysis of vessel trip report

data from charter fishing vessels;

‘‘(iv) development of a weather corrective factor

that can be applied to recreational catch and effort

estimates; and

‘‘(v) an independent committee composed of recreational fishermen, academics, persons with expertise

in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries

Service to review the collection estimates, geographic,

and other variables related to dockside intercepts and

to identify deficiencies in recreational data collection,

and possible correction measures.

‘‘(D) DEADLINE.—The Secretary shall complete the program under this paragraph and implement the improved

Marine Recreational Fishery Statistics Survey not later

than January 1, 2009.

‘‘(4) REPORT.—Within 24 months after establishment of

the program, the Secretary shall submit a report to Congress

that describes the progress made toward achieving the goals

and objectives of the program.’’.

SEC. 202. COLLECTION OF INFORMATION.

Section 402(a) (16 U.S.C. 1881a(a)) is amended—

(1) by striking ‘‘(a) COUNCIL REQUESTS.—’’ in the subsection

heading and inserting ‘‘(a) COLLECTION PROGRAMS.—’’;

(2) by resetting the text following ‘‘(a) COLLECTION PROGRAMS.—’’ as a new paragraph 2 ems from the left margin;

(3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ before ‘‘If a

Council’’;

(4) by striking ‘‘subsection’’ in the last sentence and

inserting ‘‘paragraph’’;

(5) by striking ‘‘(other than information that would disclose

proprietary or confidential commercial or financial information

regarding fishing operations or fish processing operations)’’ each

place it appears; and

(6) by adding at the end the following:

‘‘(2) SECRETARIAL INITIATION.—If the Secretary determines

that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan,

or for determining whether a fishery is in need of management,

the Secretary may, by regulation, implement an information

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3613

collection or observer program requiring submission of such

additional information for the fishery.’’.

SEC. 203. ACCESS TO CERTAIN INFORMATION.

(a) IN GENERAL.—Section 402(b) (16 U.S.C. 1881a(b)) is

amended—

(1) by redesignating paragraph (2) as paragraph (3) and

resetting it 2 ems from the left margin;

(2) by striking all preceding paragraph (3), as redesignated,

and inserting the following:

‘‘(b) CONFIDENTIALITY OF INFORMATION.— ‘‘(1) Any information submitted to the Secretary, a State

fishery management agency, or a marine fisheries commission

by any person in compliance with the requirements of this

Act shall be confidential and shall not be disclosed except—

‘‘(A) to Federal employees and Council employees who

are responsible for fishery management plan development,

monitoring, or enforcement;

‘‘(B) to State or Marine Fisheries Commission

employees as necessary to further the Department’s mission, subject to a confidentiality agreement that prohibits

public disclosure of the identity of business of any person;

‘‘(C) to State employees who are responsible for fishery

management plan enforcement, if the States employing

those employees have entered into a fishery enforcement

agreement with the Secretary and the agreement is in

effect;

‘‘(D) when required by court order;

‘‘(E) when such information is used by State, Council,

or Marine Fisheries Commission employees to verify catch

under a limited access program, but only to the extent

that such use is consistent with subparagraph (B);

‘‘(F) when the Secretary has obtained written

authorization from the person submitting such information

to release such information to persons for reasons not otherwise provided for in this subsection, and such release does

not violate other requirements of this Act;

‘‘(G) when such information is required to be submitted

to the Secretary for any determination under a limited

access program; or

‘‘(H) in support of homeland and national security

activities, including the Coast Guard’s homeland security

missions as defined in section 888(a)(2) of the Homeland

Security Act of 2002 (6 U.S.C. 468(a)(2)).

‘‘(2) Any observer information shall be confidential and

shall not be disclosed, except in accordance with the requirements of subparagraphs (A) through (H) of paragraph (1), or—

‘‘(A) as authorized by a fishery management plan or

regulations under the authority of the North Pacific Council

to allow disclosure to the public of weekly summary bycatch

information identified by vessel or for haul-specific bycatch

information without vessel identification;

‘‘(B) when such information is necessary in proceedings

to adjudicate observer certifications; or

‘‘(C) as authorized by any regulations issued under

paragraph (3) allowing the collection of observer information, pursuant to a confidentiality agreement between the

120 STAT. 3614 PUBLIC LAW 109–479—JAN. 12, 2007

observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or

observer employers, in order—

‘‘(i) to allow the sharing of observer information

among observers and between observers and observer

employers as necessary to train and prepare observers

for deployments on specific vessels; or

‘‘(ii) to validate the accuracy of the observer

information collected.’’; and

(3) by striking ‘‘(1)(E).’’ in paragraph (3), as redesignated,

and inserting ‘‘(2)(A).’’.

(b) CONFORMING AMENDMENT.—Section 404(c)(4) (16 U.S.C.

1881c(c)(4)) is amended by striking ‘‘under section 401’’.

SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

Title III (16 U.S.C. 1851 et seq.), as amended by section 119

of this Act, is further amended by adding at the end the following:

‘‘SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary of Commerce, in consultation

with the Councils, shall establish a cooperative research and

management program to address needs identified under this Act

and under any other marine resource laws enforced by the Secretary. The program shall be implemented on a regional basis

and shall be developed and conducted through partnerships among

Federal, State, and Tribal managers and scientists (including interstate fishery commissions), fishing industry participants (including

use of commercial charter or recreational vessels for gathering

data), and educational institutions.

‘‘(b) ELIGIBLE PROJECTS.—The Secretary shall make funds available under the program for the support of projects to address

critical needs identified by the Councils in consultation with the

Secretary. The program shall promote and encourage efforts to

utilize sources of data maintained by other Federal agencies, State

agencies, or academia for use in such projects.

‘‘(c) FUNDING.—In making funds available the Secretary shall

award funding on a competitive basis and based on regional fishery

management needs, select programs that form part of a coherent

program of research focused on solving priority issues identified

by the Councils, and shall give priority to the following projects:

‘‘(1) Projects to collect data to improve, supplement, or

enhance stock assessments, including the use of fishing vessels

or acoustic or other marine technology.

‘‘(2) Projects to assess the amount and type of bycatch

or post-release mortality occurring in a fishery.

‘‘(3) Conservation engineering projects designed to reduce

bycatch, including avoidance of post-release mortality, reduction

of bycatch in high seas fisheries, and transfer of such fishing

technologies to other nations.

‘‘(4) Projects for the identification of habitat areas of particular concern and for habitat conservation.

‘‘(5) Projects designed to collect and compile economic and

social data.

‘‘(d) EXPERIMENTAL PERMITTING PROCESS.—Not later than 180

days after the date of enactment of the Magnuson-Stevens Fishery

Conservation and Management Reauthorization Act of 2006, the

Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based

Deadline.

Regulations.

16 USC 1867.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3615

process to promote issuance, where practicable, of experimental

fishing permits.

‘‘(e) GUIDELINES.—The Secretary, in consultation with the

Councils, shall establish guidelines to ensure that participation

in a research project funded under this section does not result

in loss of a participant’s catch history or unexpended days-atsea as part of a limited entry system.

‘‘(f) EXEMPTED PROJECTS.—The procedures of this section shall

not apply to research funded by quota set-asides in a fishery.’’.

SEC. 205. HERRING STUDY.

Title III (16 U.S.C. 1851 et seq.), as amended by section 204,

is further amended by adding at the end the following:

‘‘SEC. 319. HERRING STUDY.

‘‘(a) IN GENERAL.—The Secretary may conduct a cooperative

research program to study the issues of abundance, distribution

and the role of herring as forage fish for other commercially important fish stocks in the Northwest Atlantic, and the potential for

local scale depletion from herring harvesting and how it relates

to other fisheries in the Northwest Atlantic. In planning, designing,

and implementing this program, the Secretary shall engage multiple

fisheries sectors and stakeholder groups concerned with herring

management.

‘‘(b) REPORT.—The Secretary shall present the final results

of this study to Congress within 3 months following the completion

of the study, and an interim report at the end of fiscal year 2008.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $2,000,000 for fiscal year 2007 through fiscal

year 2009 to conduct this study.’’.

SEC. 206. RESTORATION STUDY.

Title III (16 U.S.C. 1851 et seq.), as amended by section 205,

is further amended by adding at the end the following:

‘‘SEC. 320. RESTORATION STUDY.

‘‘(a) IN GENERAL.—The Secretary may conduct a study to update

scientific information and protocols needed to improve restoration

techniques for a variety of coast habitat types and synthesize the

results in a format easily understandable by restoration practitioners and local communities.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $500,000 for fiscal year 2007 to conduct this

study.’’.

SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855

note) is amended—

(1) by striking ‘‘and the Secretary of the Interior are’’

in paragraph (1) and inserting ‘‘is’’;

(2) by striking ‘‘not less than three and not more than

five’’ in paragraph (1); and

(3) by striking paragraph (6) and inserting the following:

‘‘(6) In this subsection the term ‘Western Pacific community’

means a community eligible to participate under section

305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i)

through (iv)).’’.

16 USC 1869.

16 USC 1868.

120 STAT. 3616 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

(a) IN GENERAL.—The Secretary shall establish and maintain

a fund, to be known as the ‘‘Fisheries Conservation and Management Fund’’, which shall consist of amounts retained and deposited

into the Fund under subsection (c).

(b) PURPOSES.—Subject to the allocation of funds described

in subsection (d), amounts in the Fund shall be available to the

Secretary of Commerce, without appropriation or fiscal year limitation, to disburse as described in subsection (e) for—

(1) efforts to improve fishery harvest data collection

including—

(A) expanding the use of electronic catch reporting

programs and technology; and

(B) improvement of monitoring and observer coverage

through the expanded use of electronic monitoring devices

and satellite tracking systems such as VMS on small vessels;

(2) cooperative fishery research and analysis, in collaboration with fishery participants, academic institutions, community

residents, and other interested parties;

(3) development of methods or new technologies to improve

the quality, health safety, and value of fish landed;

(4) conducting analysis of fish and seafood for health benefits and risks, including levels of contaminants and, where

feasible, the source of such contaminants;

(5) marketing of sustainable United States fishery products,

including consumer education regarding the health or other

benefits of wild fishery products harvested by vessels of the

United States;

(6) improving data collection under the Marine Recreational

Fishery Statistics Survey in accordance with section 401(g)(3)

of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3)); and

(7) providing financial assistance to fishermen to offset

the costs of modifying fishing practices and gear to meet the

requirements of this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and

other Federal laws in pari materia.

(c) DEPOSITS TO THE FUND.—

(1) QUOTA SET-ASIDES.—Any amount generated through

quota set-asides established by a Council under the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.) and designated by the Council for inclusion in

the Fishery Conservation and Management Fund, may be

deposited in the Fund.

(2) OTHER FUNDS.—In addition to amounts received pursuant to paragraph (1) of this subsection, the Fishery Conservation and Management Fund may also receive funds from—

(A) appropriations for the purposes of this section;

and

(B) States or other public sources or private or nonprofit organizations for purposes of this section.

(d) REGIONAL ALLOCATION.—The Secretary shall, every 2 years,

apportion monies from the Fund among the eight Council regions

according to recommendations of the Councils, based on regional

priorities identified through the Council process, except that no

16 USC 1891b.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3617

region shall receive less than 5 percent of the Fund in each allocation period.

(e) LIMITATION ON THE USE OF THE FUND.—No amount made

available from the Fund may be used to defray the costs of carrying

out requirements of this Act or the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1801 et seq.) other

than those uses identified in this section.

SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE

PURPOSES.

Section 53706(a)(7) of title 46, United States Code, is amended

to read as follows:

‘‘(7) Financing or refinancing—

‘‘(A) the purchase of individual fishing quotas in accordance with section 303(d)(4) of the Magnuson-Stevens

Fishery Conservation and Management Act (including the

reimbursement of obligors for expenditures previously

made for such a purchase);

‘‘(B) activities that assist in the transition to reduced

fishing capacity; or

‘‘(C) technologies or upgrades designed to improve

collection and reporting of fishery-dependent data, to

reduce bycatch, to improve selectivity or reduce adverse

impacts of fishing gear, or to improve safety.’’.

SEC. 210. REGIONAL ECOSYSTEM RESEARCH.

Section 406 (16 U.S.C. 1882) is amended by adding at the

end the following:

‘‘(f) REGIONAL ECOSYSTEM RESEARCH.—

‘‘(1) STUDY.—Within 180 days after the date of enactment

of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in consultation with the Councils, shall undertake and complete a study

on the state of the science for advancing the concepts and

integration of ecosystem considerations in regional fishery

management. The study should build upon the recommendations of the advisory panel and include—

‘‘(A) recommendations for scientific data, information

and technology requirements for understanding ecosystem

processes, and methods for integrating such information

from a variety of federal, state, and regional sources;

‘‘(B) recommendations for processes for incorporating

broad stake holder participation;

‘‘(C) recommendations for processes to account for

effects of environmental variation on fish stocks and fisheries; and

‘‘(D) a description of existing and developing council

efforts to implement ecosystem approaches, including lessons learned by the councils.

‘‘(2) AGENCY TECHNICAL ADVICE AND ASSISTANCE, REGIONAL

PILOT PROGRAMS.—The Secretary is authorized to provide necessary technical advice and assistance, including grants, to

the Councils for the development and design of regional pilot

programs that build upon the recommendations of the advisory

panel and, when completed, the study.’’.

Deadline.

120 STAT. 3618 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

Title IV (16 U.S.C. 1881 et seq.) is amended by adding at

the end the following:

‘‘SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

‘‘(a) IN GENERAL.—The Secretary, in consultation with appropriate regional fishery management councils and in coordination

with other federal agencies and educational institutions, shall, subject to the availability of appropriations, establish a program—

‘‘(1) to identify existing research on, and known locations

of, deep sea corals and submit such information to the appropriate Councils;

‘‘(2) to locate and map locations of deep sea corals and

submit such information to the Councils;

‘‘(3) to monitor activity in locations where deep sea corals

are known or likely to occur, based on best scientific information

available, including through underwater or remote sensing technologies and submit such information to the appropriate Councils;

‘‘(4) to conduct research, including cooperative research

with fishing industry participants, on deep sea corals and

related species, and on survey methods;

‘‘(5) to develop technologies or methods designed to assist

fishing industry participants in reducing interactions between

fishing gear and deep sea corals; and

‘‘(6) to prioritize program activities in areas where deep

sea corals are known to occur, and in areas where scientific

modeling or other methods predict deep sea corals are likely

to be present.

‘‘(b) REPORTING.—Beginning 1 year after the date of enactment

of the Magnuson-Stevens Fishery Conservation and Management

Reauthorization Act of 2006, the Secretary, in consultation with

the Councils, shall submit biennial reports to Congress and the

public on steps taken by the Secretary to identify, monitor, and

protect deep sea coral areas, including summaries of the results

of mapping, research, and data collection performed under the

program.’’.

SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

(a) IN GENERAL.—The Undersecretary of Commerce for Oceans

and Atmosphere shall execute an agreement with the National

Academy of Sciences to conduct, jointly, a multi-year, comprehensive

in-water study designed—

(1) to measure accurately the efforts and effects of shrimp

fishery efforts to utilize turtle excluder devices;

(2) to analyze the impact of those efforts on sea turtle

mortality, including interaction between turtles and shrimp

trawlers in the inshore, nearshore, and offshore waters of the

Gulf of Mexico and similar geographical locations in the waters

of the Southeastern United States; and

(3) to evaluate innovative technologies to increase shrimp

retention in turtle excluder devices while ensuring the protection of endangered and threatened sea turtles.

(b) OBSERVERS.—In conducting the study, the Undersecretary

shall ensure that observers are placed onboard commercial shrimp

fishing vessels where appropriate or necessary.

Contracts.

16 USC 1884.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3619

(c) INTERIM REPORTS.—During the course of the study and

until a final report is submitted to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources, the National Academy of Sciences

shall transmit interim reports to the Committees biannually containing a summary of preliminary findings and conclusions from

the study.

SEC. 213. HURRICANE EFFECTS ON COMMERCIAL AND RECREATION

FISHERY HABITATS.

(a) FISHERIES REPORT.—Within 180 days after the date of enactment of this Act, the Secretary of Commerce shall transmit a

report to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Resources on the impact of Hurricane Katrina, Hurricane Rita,

and Hurricane Wilma on—

(1) commercial and recreational fisheries in the States of

Alabama, Louisiana, Florida, Mississippi, and Texas;

(2) shrimp fishing vessels in those States; and

(3) the oyster industry in those States.

(b) HABITAT REPORT.—Within 180 days after the date of enactment of this Act, the Secretary of Commerce shall transmit a

report to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Resources on the impact of Hurricane Katrina, Hurricane Rita,

and Hurricane Wilma on habitat, including the habitat of shrimp

and oysters in those States.

(c) HABITAT RESTORATION.—The Secretary shall carry out

activities to restore fishery habitats, including the shrimp and

oyster habitats in Louisiana and Mississippi.

SEC. 214. NORTH PACIFIC FISHERIES CONVENTION.

Section 313 (16 U.S.C. 1862) is amended—

(1) by striking ‘‘all fisheries under the Council’s jurisdiction

except salmon fisheries’’ in subsection (a) and inserting ‘‘any

fishery under the Council’s jurisdiction except a salmon

fishery’’;

(2) by striking subsection (a)(2) and inserting the following:

‘‘(2) establishes a system, or system, of fees, which may

vary by fishery, management area, or observer coverage level,

to pay for the cost of implementing the plan.’’;

(3) by striking ‘‘observers’’ in subsection (b)(2)(A) and

inserting ‘‘observers, or electronic monitoring systems,’’;

(4) by inserting ‘‘a fixed amount reflecting actual observer

costs as described in subparagraph (A) or’’ in subsection

(b)(2)(E) after ‘‘expressed as’’;

(5) by inserting ‘‘some or’’ in subsection (b)(2)(F) after

‘‘against’’;

(6) by inserting ‘‘or an electronic monitoring system’’ after

‘‘observer’’ in subsection (b)(2)(F);

(7) by striking ‘‘and’’ after the semicolon in subsection

(b)(2)(H); and

(8) by redesignating subparagraph (I) of subsection (b)(2)

as subparagraph (J) and inserting after subparagraph (H) the

following:

‘‘(I) provide that fees collected will be credited against

any fee for stationing observers or electronic monitoring systems on board fishing vessels and United States fish processors

State listing.

120 STAT. 3620 PUBLIC LAW 109–479—JAN. 12, 2007

and the actual cost of inputting collected data to which a

fishing vessel or fish processor is subject under section 304(d)

of this Act; and’’.

SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.

(a) REVIEW.—The Secretary of Commerce shall conduct a

unique, thorough examination of the potential impact on all affected

and interested parties of Framework 42 to the Northeast Multispecies Fishery Management Plan.

(b) REPORT.—The Secretary shall report the Secretary’s findings

under subsection (a) within 30 days after the date of enactment

of this Act. The Secretary shall include in the report a detailed

discussion of each of the following:

(1) The economic and social implications for affected parties

within the fishery, including potential losses to infrastructure,

expected from the imposition of Framework 42.

(2) The estimated average annual income generated by

fishermen in New England, separated by State and vessel size,

and the estimated annual income expected after the imposition

of Framework 42.

(3) Whether the differential days-at-sea counting imposed

by Framework 42 would result in a reduction in the number

of small vessels actively participating in the New England

Fishery.

(4) The percentage and approximate number of vessels

in the New England fishery, separated by State and vessel

type, that are incapable of fishing outside the areas designated

in Framework 42 for differential days-at-sea counting.

(5) The percentage of the annual groundfish catch in the

New England fishery that is harvested by small vessels.

(6) The current monetary value of groundfish permits in

the New England fishery and the actual impact that the potential imposition of Framework 42 is having on such value.

(7) Whether permitting days-at-sea to be leased is altering

the market value for groundfish permits or days-at-sea in New

England.

(8) Whether there is a substantially high probability that

the biomass targets used as a basis for Amendment 13 remain

achievable.

(9) An identification of the year in which the biomass

targets used as a basis for Amendment 13 were last evident

or achieved, and the evidence used to determine such date.

(10) Any separate or non-fishing factors, including environmental factors, that may be leading to a slower rebuilding

of groundfish than previously anticipated.

(11) The potential harm to the non-fishing environment

and ecosystem from the reduction in fishing resulting from

Framework 42 and the potential redevelopment of the coastal

land for other purposes, including potential for increases in

non-point source of pollution and other impacts.

SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.

The Mid-Atlantic Fishery Council, in consultation with the

New England Fishery Council, shall submit a report to the Senate

Committee on Commerce, Science, and Transportation within 9

months after the date of enactment of this Act—

(1) describing the role of council liaisons between the MidAtlantic and New England Councils, including an explanation

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3621

of council policies regarding the liaison’s role in Council decision-making since 1996;

(2) describing how management actions are taken regarding

the operational aspects of current joint fishery management

plans, and how such joint plans may undergo changes through

amendment or framework processes;

(3) evaluating the role of the New England Fishery Council

and the Mid-Atlantic Fishery Council liaisons in the development and approval of management plans for fisheries in which

the liaisons or members of the non-controlling Council have

a demonstrated interest and significant current and historical

landings of species managed by either Council;

(4) evaluating the effectiveness of the various approaches

developed by the Councils to improve representation for affected

members of the non-controlling Council in Council decisionmaking, such as use of liaisons, joint management plans, and

other policies, taking into account both the procedural and

conservation requirements of the Magnuson-Stevens Fishery

Conservation and Management Act; and

(5) analyzing characteristics of North Carolina and Florida

that supported their inclusion as voting members of more than

one Council and the extent to which those characteristics support Rhode Island’s inclusion on a second Council (the MidAtlantic Council).

SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS

WITH POST- BACCALAUREATE DEGREES IN SUBJECTS

RELATED TO FISHERY SCIENCE.

(a) IN GENERAL.—The Secretary of Commerce and the Secretary

of Education shall collaborate to conduct a study of—

(1) whether there is a shortage in the number of individuals

with post-baccalaureate degrees in subjects related to fishery

science, including fishery oceanography, fishery ecology, and

fishery anthropology, who have the ability to conduct high

quality scientific research in fishery stock assessment, fishery

population dynamics, and related fields, for government, nonprofit, and private sector entities;

(2) what Federal programs are available to help facilitate

the education of students hoping to pursue these degrees; and

(3) what institutions of higher education, the private sector,

and the Congress could do to try to increase the number of

individuals with such post-baccalaureate degrees.

(b) REPORT.—Not later than 8 months after the date of enactment of this Act, the Secretaries of Commerce and Education shall

transmit a report to each committee of Congress with jurisdiction

over the programs referred to in subsection (a), detailing the

findings and recommendations of the study under this section.

SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM.

Section 802 of Public Law 108–199 (118 Stat. 110) is amended

by striking ‘‘2 years’’ and inserting ‘‘5 years’’.

TITLE III—OTHER FISHERIES STATUTES

SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

(a) CIVIL PENALTIES.—Section 8(a) of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773f(a)) is amended—

16 USC 1851

note.

120 STAT. 3622 PUBLIC LAW 109–479—JAN. 12, 2007

(1) by striking ‘‘$25,000’’ and inserting ‘‘$200,000’’;

(2) by striking ‘‘violation, the degree of culpability, and

history of prior offenses, ability to pay,’’ in the fifth sentence

and inserting ‘‘violator, the degree of culpability, any history

of prior offenses,’’; and

(3) by adding at the end the following: ‘‘In assessing such

penalty, the Secretary may also consider any information provided by the violator relating to the ability of the violator

to pay if the information is provided to the Secretary at least

30 days prior to an administrative hearing.’’.

(b) PERMIT SANCTIONS.—Section 8 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773f) is amended by adding at the

end the following:

‘‘(e) REVOCATION OR SUSPENSION OF PERMIT.— ‘‘(1) IN GENERAL.—The Secretary may take any action

described in paragraph (2) in any case in which—

‘‘(A) a vessel has been used in the commission of any

act prohibited under section 7;

‘‘(B) the owner or operator of a vessel or any other

person who has been issued or has applied for a permit

under this Act has acted in violation of section 7; or

‘‘(C) any amount in settlement of a civil forfeiture

imposed on a vessel or other property, or any civil penalty

or criminal fine imposed on a vessel or owner or operator

of a vessel or any other person who has been issued or

has applied for a permit under any marine resource law

enforced by the Secretary has not been paid and is overdue.

‘‘(2) PERMIT-RELATED ACTIONS.—Under the circumstances

described in paragraph (1) the Secretary may—

‘‘(A) revoke any permit issued with respect to such

vessel or person, with or without prejudice to the issuance

of subsequent permits;

‘‘(B) suspend such permit for a period of time considered by the Secretary to be appropriate;

‘‘(C) deny such permit; or

‘‘(D) impose additional conditions and restrictions on

any permit issued to or applied for by such vessel or person

under this Act and, with respect to any foreign fishing

vessel, on the approved application of the foreign nation

involved and on any permit issued under that application.

‘‘(3) FACTORS TO BE CONSIDERED.—In imposing a sanction

under this subsection, the Secretary shall take into account—

‘‘(A) the nature, circumstances, extent, and gravity of

the prohibited acts for which the sanction is imposed; and

‘‘(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters

as justice may require.

‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of ownership of

a vessel, a permit, or any interest in a permit, by sale or

otherwise, shall not extinguish any permit sanction that is

in effect or is pending at the time of transfer of ownership.

Before executing the transfer of ownership of a vessel, permit,

or interest in a permit, by sale or otherwise, the owner shall

disclose in writing to the prospective transferee the existence

of any permit sanction that will be in effect or pending with

respect to the vessel, permit, or interest at the time of the

transfer.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3623

‘‘(5) REINSTATEMENT.—In the case of any permit that is

suspended under this subsection for nonpayment of a civil

penalty, criminal fine, or any amount in settlement of a civil

forfeiture, the Secretary shall reinstate the permit upon payment of the penalty, fine, or settlement amount and interest

thereon at the prevailing rate.

‘‘(6) HEARING.—No sanction shall be imposed under this

subsection unless there has been prior opportunity for a hearing

on the facts underlying the violation for which the sanction

is imposed either in conjunction with a civil penalty proceeding

under this section or otherwise.

‘‘(7) PERMIT DEFINED.—In this subsection, the term ‘permit’

means any license, certificate, approval, registration, charter,

membership, exemption, or other form of permission issued

by the Commission or the Secretary, and includes any quota

share or other transferable quota issued by the Secretary.’’.

(c) CRIMINAL PENALTIES.—Section 9(b) of the Northern Pacific

Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended—

(1) by striking ‘‘$50,000’’ and inserting ‘‘$200,000’’; and

(2) by striking ‘‘$100,000,’’ and inserting ‘‘$400,000,’’.

SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

(a) ATLANTIC STRIPED BASS CONSERVATION ACT.—Section 7(a)

of the Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a))

is amended to read as follows:

‘‘(a) AUTHORIZATION.—For each of fiscal years 2007, 2008, 2009,

2010, 2011, there are authorized to be appropriated to carry out

this Act—

‘‘(1) $1,000,000 to the Secretary of Commerce; and

‘‘(2) $250,000 to the Secretary of the Interior.’’.

(b) YUKON RIVER SALMON ACT OF 2000.—Section 208 of the

Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended

by striking ‘‘$4,000,000 for each of fiscal years 2004 through 2008,’’

and inserting ‘‘$4,000,000 for each of fiscal years 2007 through

2011’’.

(c) SHARK FINNING PROHIBITION ACT.—Section 10 of the Shark

Finning Prohibition Act (16 U.S.C. 1822 note) is amended by

striking ‘‘fiscal years 2001 through 2005’’ and inserting ‘‘fiscal years

2007 through 2011’’.

(d) PACIFIC SALMON TREATY ACT.—

(1) TRANSFER OF SECTION TO ACT.—The text of section

623 of title VI of H.R. 3421 (113 Stat. 1501A–56), as introduced

on November 17, 1999, enacted into law by section 1000(a)(1)

of the Act of November 29, 1999 (Public Law 106–113), and

amended by Public Law 106–533 (114 Stat. 2762A–108)—

(A) is transferred to the Pacific Salmon Treaty Act

(16 U.S.C. 3631 et seq.) and inserted after section 15;

and

(B) amended—

(i) by striking ‘‘SEC. 623.’’; and

(ii) inserting before ‘‘(a) NORTHERN FUND AND

SOUTHERN FUND.—’’ the following:

16 USC 3645.

120 STAT. 3624 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.’’.

(2) REAUTHORIZATION.—Section 16(d)(2)(A) of the Pacific

Salmon Treaty Act, as transferred by paragraph (1), is

amended—

(1) by inserting ‘‘sustainable salmon fisheries,’’ after

‘‘enhancement,’’;

(2) by inserting ‘‘2005, 2006, 2007, 2008, and 2009,’’ after

‘‘2003,’’; and

(3) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’.

(e) STATE AUTHORITY FOR DUNGENESS CRAB FISHERY MANAGE- MENT.—Section 203 of Public Law 105–384 (16 U.S.C. 1856 note)

is amended—

(1) by striking ‘‘September 30, 2006.’’ in subsection (i) and

inserting ‘‘September 30, 2016.’’;

(2) by striking ‘‘health’’ in subsection (j) and inserting

‘‘status’’; and

(3) by striking ‘‘California.’’ in subsection (j) and inserting

‘‘California, including—

‘‘(1) stock status and trends throughout its range;

‘‘(2) a description of applicable research and scientific

review processes used to determine stock status and trends;

and

‘‘(3) measures implemented or planned that are designed

to prevent or end overfishing in the fishery.’’.

(f) PACIFIC FISHERY MANAGEMENT COUNCIL.—

(1) IN GENERAL.—The Pacific Fishery Management Council

shall develop a proposal for the appropriate rationalization

program for the Pacific trawl groundfish and whiting fisheries,

including the shore-based sector of the Pacific whiting fishery

under its jurisdiction. The proposal may include only the Pacific

whiting fishery, including the shore-based sector, if the Pacific

Council determines that a rationalization plan for the fishery

as a whole cannot be achieved before the report is required

to be submitted under paragraph (3).

(2) REQUIRED ANALYSIS.—In developing the proposal to

rationalize the fishery, the Pacific Council shall fully analyze

alternative program designs, including the allocation of limited

access privileges to harvest fish to fishermen and processors

working together in regional fishery associations or some other

cooperative manner to harvest and process the fish, as well

as the effects of these program designs and allocations on

competition and conservation. The analysis shall include an

assessment of the impact of the proposal on conservation and

the economics of communities, fishermen, and processors

participating in the trawl groundfish fisheries, including the

shore-based sector of the Pacific whiting fishery.

(3) REPORT.—The Pacific Council shall submit the proposal

and related analysis to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Resources no later than 24 months after the

date of enactment of this Act.

(g) REAUTHORIZATION OF THE INTERJURISDICTIONAL FISHERIES

ACT OF 1986.—Section 308 of the Interjurisdictional Fisheries Act

of 1986 (16 U.S.C. 4107) is amended—

(1) by striking subsection (a) and inserting the following:

Proposal.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3625

‘‘(a) GENERAL APPROPRIATIONS.—There are authorized to be

appropriated to the Secretary of Commerce for apportionment to

carry out the purposes of this title $5,000,000 for each of fiscal

years 2007 through 2012.’’; and

(2) by striking ‘‘$850,000 for each of fiscal years 2003

and 2004, and $900,000 for each of fiscal years 2005 and

2006’’ in subsection (c) and inserting ‘‘$900,000 for each of

fiscal years 2007 through 2012’’.

(h) REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS

FISH CONSERVATION ACT.—Section 4 of the Anadromous Fish Conservation Act (16 U.S.C. 757d) is amended to read as follows:

‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out the

purposes of this Act not to exceed $4,500,000 for each of fiscal

years 2007 through 2012.’’.

(i) REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES

CONVENTION ACT OF 1995.—Section 211 of the Northwest Atlantic

Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended

by striking ‘‘2006’’ and inserting ‘‘2012’’.

TITLE IV—INTERNATIONAL

SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

Title II (16 U.S.C. 1821 et seq.) is amended by adding at

the end the following:

‘‘SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

‘‘(a) IN GENERAL.—The Secretary may undertake activities to

promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management

agreements, and to implement the requirements of this title.

‘‘(b) SPECIFIC AUTHORITIES.—In carrying out subsection (a), the

Secretary may—

‘‘(1) share information on harvesting and processing

capacity and illegal, unreported and unregulated fishing on

the high seas, in areas covered by international fishery management agreements, and by vessels of other nations within the

United States exclusive economic zone, with relevant law

enforcement organizations of foreign nations and relevant international organizations;

‘‘(2) further develop real time information sharing capabilities, particularly on harvesting and processing capacity and

illegal, unreported and unregulated fishing;

‘‘(3) participate in global and regional efforts to build an

international network for monitoring, control, and surveillance

of high seas fishing and fishing under regional or global agreements;

‘‘(4) support efforts to create an international registry or

database of fishing vessels, including by building on or

enhancing registries developed by international fishery management organizations;

‘‘(5) enhance enforcement capabilities through the application of commercial or governmental remote sensing technology

to locate or identify vessels engaged in illegal, unreported,

16 USC 1829.

16 USC 757d.

120 STAT. 3626 PUBLIC LAW 109–479—JAN. 12, 2007

or unregulated fishing on the high seas, including encroachments into the exclusive economic zone by fishing vessels of

other nations;

‘‘(6) provide technical or other assistance to developing

countries to improve their monitoring, control, and surveillance

capabilities; and

‘‘(7) support coordinated international efforts to ensure that

all large-scale fishing vessels operating on the high seas are

required by their flag State to be fitted with vessel monitoring

systems no later than December 31, 2008, or earlier if so

decided by the relevant flag State or any relevant international

fishery management organization.’’.

SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND

UNREGULATED FISHING.

Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of

this Act, is further amended by adding at the end the following:

‘‘(12) International cooperation is necessary to address

illegal, unreported, and unregulated fishing and other fishing

practices which may harm the sustainability of living marine

resources and disadvantage the United States fishing

industry.’’.

SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED

FISHING AND REDUCE BYCATCH OF PROTECTED MARINE

SPECIES.

(a) IN GENERAL.—Title VI of the High Seas Driftnet Fishing

Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended

by adding at the end the following:

‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

‘‘The Secretary, in consultation with the Secretary of State,

shall provide to Congress, by not later than 2 years after the

date of enactment of the Magnuson-Stevens Fishery Conservation

and Management Reauthorization Act of 2006, and every 2 years

thereafter, a report that includes—

‘‘(1) the state of knowledge on the status of international

living marine resources shared by the United States or subject

to treaties or agreements to which the United States is a

party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with

extinction by any international or other authority charged with

management or conservation of living marine resources;

‘‘(2) a list of nations whose vessels have been identified

under section 609(a) or 610(a), including the specific offending

activities and any subsequent actions taken pursuant to section

609 or 610;

‘‘(3) a description of efforts taken by nations on those

lists to comply take appropriate corrective action consistent

with sections 609 and 610, and an evaluation of the progress

of those efforts, including steps taken by the United States

to implement those sections and to improve international

compliance;

‘‘(4) progress at the international level, consistent with

section 608, to strengthen the efforts of international fishery

management organizations to end illegal, unreported, or

unregulated fishing; and

16 USC 1826h.

Deadline.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3627

‘‘(5) steps taken by the Secretary at the international level

to adopt international measures comparable to those of the

United States to reduce impacts of fishing and other practices

on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international

fishery or conservation organization has failed to implement

effective measures to end or reduce the adverse impacts of

fishing practices on such species.

‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY

MANAGEMENT ORGANIZATIONS.

‘‘The Secretary, in consultation with the Secretary of State,

and in cooperation with relevant fishery management councils and

any relevant advisory committees, shall take actions to improve

the effectiveness of international fishery management organizations

in conserving and managing fish stocks under their jurisdiction.

These actions shall include—

‘‘(1) urging international fishery management organizations

to which the United States is a member—

‘‘(A) to incorporate multilateral market-related measures against member or nonmember governments whose

vessels engage in illegal, unreported, or unregulated

fishing;

‘‘(B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or

unregulated fishing that can be shared among all members

and other international fishery management organizations;

‘‘(C) to seek international adoption of a centralized

vessel monitoring system in order to monitor and document

capacity in fleets of all nations involved in fishing in areas

under an international fishery management organization’s

jurisdiction;

‘‘(D) to increase use of observers and technologies

needed to monitor compliance with conservation and

management measures established by the organization,

including vessel monitoring systems and automatic identification systems; and

‘‘(E) to seek adoption of stronger port state controls

in all nations, particularly those nations in whose ports

vessels engaged in illegal, unreported, or unregulated

fishing land or transship fish;

‘‘(2) urging international fishery management organizations

to which the United States is a member, as well as all members

of those organizations, to adopt and expand the use of marketrelated measures to combat illegal, unreported, or unregulated

fishing, including—

‘‘(A) import prohibitions, landing restrictions, or other

market-based measures needed to enforce compliance with

international fishery management organization measures,

such as quotas and catch limits;

‘‘(B) import restrictions or other market-based measures to prevent the trade or importation of fish caught

by vessels identified multilaterally as engaging in illegal,

unreported, or unregulated fishing; and

‘‘(C) catch documentation and certification schemes to

improve tracking and identification of catch of vessels

engaged in illegal, unreported, or unregulated fishing,

16 USC 1826i.

120 STAT. 3628 PUBLIC LAW 109–479—JAN. 12, 2007

including advance transmission of catch documents to ports

of entry; and

‘‘(3) urging other nations at bilateral, regional, and international levels, including the Convention on International

Trade in Endangered Species of Fauna and Flora and the

World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies

that will prevent fish or other living marine resources harvested

by vessels engaged in illegal, unreported, or unregulated fishing

from being traded or imported into their nation or territories.

‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

‘‘(a) IDENTIFICATION.—The Secretary shall identify, and list in

the report under section 607, a nation if fishing vessels of that

nation are engaged, or have been engaged at any point during

the preceding 2 years, in illegal, unreported, or unregulated

fishing—

‘‘(1) the relevant international fishery management

organization has failed to implement effective measures to end

the illegal, unreported, or unregulated fishing activity by vessels of that nation or the nation is not a party to, or does

not maintain cooperating status with, such organization; or

‘‘(2) where no international fishery management organization exists with a mandate to regulate the fishing activity

in question.

‘‘(b) NOTIFICATION.—An identification under subsection (a) or

section 610(a) is deemed to be an identification under section

101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act

(16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President and that nation of such identification.

‘‘(c) CONSULTATION.—No later than 60 days after submitting

a report to Congress under section 607, the Secretary, acting

through the Secretary of State, shall—

‘‘(1) notify nations listed in the report of the requirements

of this section;

‘‘(2) initiate consultations for the purpose of encouraging

such nations to take the appropriate corrective action with

respect to the offending activities of their fishing vessels identified in the report; and

‘‘(3) notify any relevant international fishery management

organization of the actions taken by the United States under

this section.

‘‘(d) IUU CERTIFICATION PROCEDURE.—

‘‘(1) CERTIFICATION.—The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter

5 of title 5, United States Code, for determining if a nation

identified under subsection (a) and listed in the report under

section 607 has taken appropriate corrective action with respect

to the offending activities of its fishing vessels identified in

the report under section 607. The certification procedure shall

provide for notice and an opportunity for comment by any

such nation. The Secretary shall determine, on the basis of

the procedure, and certify to the Congress no later than 90

days after the date on which the Secretary promulgates a

final rule containing the procedure, and biennially thereafter

in the report under section 607—

Deadlines.

Regulations.

Deadline.

Notification.

16 USC 1826j.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3629

‘‘(A) whether the government of each nation identified

under subsection (a) has provided documentary evidence

that it has taken corrective action with respect to the

offending activities of its fishing vessels identified in the

report; or

‘‘(B) whether the relevant international fishery

management organization has implemented measures that

are effective in ending the illegal, unreported, or unregulated fishing activity by vessels of that nation.

‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary may establish a procedure for certification, on a shipment-by-shipment,

shipper-by-shipper, or other basis of fish or fish products from

a vessel of a harvesting nation not certified under paragraph

(1) if the Secretary determines that—

‘‘(A) the vessel has not engaged in illegal, unreported,

or unregulated fishing under an international fishery

management agreement to which the United States is a

party; or

‘‘(B) the vessel is not identified by an international

fishery management organization as participating in illegal,

unreported, or unregulated fishing activities.

‘‘(3) EFFECT OF CERTIFICATION.—

‘‘(A) IN GENERAL.—The provisions of section 101(a) and

section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a),

(b)(3), and (b)(4))—

‘‘(i) shall apply to any nation identified under subsection (a) that has not been certified by the Secretary

under this subsection, or for which the Secretary has

issued a negative certification under this subsection;

but

‘‘(ii) shall not apply to any nation identified under

subsection (a) for which the Secretary has issued a

positive certification under this subsection.

‘‘(B) EXCEPTIONS.—Subparagraph (A)(i) does not

apply—

‘‘(i) to the extent that such provisions would apply

to sport fishing equipment or to fish or fish products

not managed under the applicable international fishery

agreement; or

‘‘(ii) if there is no applicable international fishery

agreement, to the extent that such provisions would

apply to fish or fish products caught by vessels not

engaged in illegal, unreported, or unregulated fishing.

‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING

DEFINED.—

‘‘(1) IN GENERAL.—In this Act the term ‘illegal, unreported,

or unregulated fishing’ has the meaning established under paragraph (2).

‘‘(2) SECRETARY TO DEFINE TERM WITHIN LEGISLATIVE GUIDELINES.—Within 3 months after the date of enactment of the

Magnuson-Stevens Fishery Conservation and Management

Reauthorization Act of 2006, the Secretary shall publish a

definition of the term ‘illegal, unreported, or unregulated

fishing’ for purposes of this Act.

‘‘(3) GUIDELINES.—The Secretary shall include in the definition, at a minimum—

Deadline.

Publication.

Applicability.

120 STAT. 3630 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(A) fishing activities that violate conservation and

management measures required under an international

fishery management agreement to which the United States

is a party, including catch limits or quotas, capacity restrictions, and bycatch reduction requirements;

‘‘(B) overfishing of fish stocks shared by the United

States, for which there are no applicable international conservation or management measures or in areas with no

applicable international fishery management organization

or agreement, that has adverse impacts on such stocks;

and

‘‘(C) fishing activity that has an adverse impact on

seamounts, hydrothermal vents, and cold water corals

located beyond national jurisdiction, for which there are

no applicable conservation or management measures or

in areas with no applicable international fishery management organization or agreement.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary for fiscal years 2007 through

2013 such sums as are necessary to carry out this section.

‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES.

‘‘(a) IDENTIFICATION.—The Secretary shall identify, and list in

the report under section 607, a nation if—

‘‘(1) fishing vessels of that nation are engaged, or have

been engaged during the preceding calendar year in fishing

activities or practices;

‘‘(A) in waters beyond any national jurisdiction that

result in bycatch of a protected living marine resource;

or

‘‘(B) beyond the exclusive economic zone of the United

States that result in bycatch of a protected living marine

resource shared by the United States;

‘‘(2) the relevant international organization for the conservation and protection of such resources or the relevant international or regional fishery organization has failed to implement effective measures to end or reduce such bycatch, or

the nation is not a party to, or does not maintain cooperating

status with, such organization; and

‘‘(3) the nation has not adopted a regulatory program governing such fishing practices designed to end or reduce such

bycatch that is comparable to that of the United States, taking

into account different conditions.

‘‘(b) CONSULTATION AND NEGOTIATION.—The Secretary, acting

through the Secretary of State, shall—

‘‘(1) notify, as soon as possible, other nations whose vessels

engage in fishing activities or practices described in subsection

(a), about the provisions of this section and this Act;

‘‘(2) initiate discussions as soon as possible with all foreign

governments which are engaged in, or which have persons

or companies engaged in, fishing activities or practices

described in subsection (a), for the purpose of entering into

bilateral and multilateral treaties with such countries to protect

such species;

‘‘(3) seek agreements calling for international restrictions

on fishing activities or practices described in subsection (a)

through the United Nations, the Food and Agriculture

Notification.

16 USC 1826k.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3631

Organization’s Committee on Fisheries, and appropriate international fishery management bodies; and

‘‘(4) initiate the amendment of any existing international

treaty for the protection and conservation of such species to

which the United States is a party in order to make such

treaty consistent with the purposes and policies of this section.

‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— ‘‘(1) DETERMINATION.—The Secretary shall establish a

procedure consistent with the provisions of subchapter II of

chapter 5 of title 5, United States Code, for determining

whether the government of a harvesting nation identified under

subsection (a) and listed in the report under section 607—

‘‘(A) has provided documentary evidence of the adoption

of a regulatory program governing the conservation of the

protected living marine resource that is comparable to that

of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing,

includes mandatory use of circle hooks, careful handling

and release equipment, and training and observer programs; and

‘‘(B) has established a management plan containing

requirements that will assist in gathering species-specific

data to support international stock assessments and conservation enforcement efforts for protected living marine

resources.

‘‘(2) PROCEDURAL REQUIREMENT.—The procedure established by the Secretary under paragraph (1) shall include notice

and opportunity for comment by any such nation.

‘‘(3) CERTIFICATION.—The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether

each such nation has provided the documentary evidence

described in paragraph (1)(A) and established a management

plan described in paragraph (1)(B).

‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary shall establish a procedure for certification, on a shipment-by-shipment,

shipper-by-shipper, or other basis of fish or fish products from

a vessel of a harvesting nation not certified under paragraph

(3) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected

marine species, or were harvested by practices that—

‘‘(A) are comparable to those of the United States,

taking into account different conditions, and which, in the

case of pelagic longline fishing, includes mandatory use

of circle hooks, careful handling and release equipment,

and training and observer programs; and

‘‘(B) include the gathering of species specific data that

can be used to support international and regional stock

assessments and conservation efforts for protected living

marine resources.

‘‘(5) EFFECT OF CERTIFICATION.—The provisions of section

101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.

1826a(a), (b)(3), and (b)(4)) (except to the extent that such

provisions apply to sport fishing equipment or fish or fish

products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) shall apply to any nation identified under subsection (a) that has not been certified by the

Secretary under this subsection, or for which the Secretary

Applicability.

Certification.

Deadlines.

120 STAT. 3632 PUBLIC LAW 109–479—JAN. 12, 2007

has issued a negative certification under this subsection, but

shall not apply to any nation identified under subsection (a)

for which the Secretary has issued a positive certification under

this subsection.

‘‘(d) INTERNATIONAL COOPERATION AND ASSISTANCE.—To the

greatest extent possible consistent with existing authority and the

availability of funds, the Secretary shall—

‘‘(1) provide appropriate assistance to nations identified

by the Secretary under subsection (a) and international

organizations of which those nations are members to assist

those nations in qualifying for certification under subsection

(c);

‘‘(2) undertake, where appropriate, cooperative research

activities on species statistics and improved harvesting techniques, with those nations or organizations;

‘‘(3) encourage and facilitate the transfer of appropriate

technology to those nations or organizations to assist those

nations in qualifying for certification under subsection (c); and

‘‘(4) provide assistance to those nations or organizations

in designing and implementing appropriate fish harvesting

plans.

‘‘(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this

section the term ‘protected living marine resource’—

‘‘(1) means non-target fish, sea turtles, or marine mammals

that are protected under United States law or international

agreement, including the Marine Mammal Protection Act, the

Endangered Species Act, the Shark Finning Prohibition Act,

and the Convention on International Trade in Endangered Species of Wild Flora and Fauna; but

‘‘(2) does not include species, except sharks, managed under

the Magnuson-Stevens Fishery Conservation and Management

Act, the Atlantic Tunas Convention Act, or any international

fishery management agreement.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary for fiscal years 2007 through

2013 such sums as are necessary to carry out this section.’’.

(b) CONFORMING AMENDMENTS.—

(1) DENIAL OF PORT PRIVILEGES.—Section 101(b) of the High

Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b))

is amended by inserting ‘‘or illegal, unreported, or unregulated

fishing’’ after ‘‘fishing’’ in paragraph (1)(A)(i), paragraph (1)(B),

paragraph (2), and paragraph (4)(A)(i).

(2) DURATION OF DENIAL.—Section 102 of the High Seas

Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is

amended by inserting ‘‘or illegal, unreported , or unregulated

fishing’’ after ‘‘fishing’’.

SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

(a) WAIVER AUTHORITY.—Section 201(h)(2)(B) (16 U.S.C.

1821(h)(2)(B)) is amended by striking ‘‘that is at least equal in

effectiveness to the program established by the Secretary;’’ and

inserting ‘‘or other monitoring program that the Secretary, in consultation with the Western Pacific Management Council, determines

is adequate to monitor harvest, bycatch, and compliance with the

laws of the United States by vessels fishing under the agreement;’’.

(b) MARINE CONSERVATION PLANS.—Section 204(e)(4)(A)(i) (16

U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3633

‘‘(i) Pacific Insular Area observer programs, or other monitoring programs, that the Secretary determines are adequate

to monitor the harvest, bycatch, and compliance with the laws

of the United States by foreign fishing vessels that fish under

Pacific Insular Area fishing agreements;’’.

SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

(a) IN GENERAL.—Section 10 of the Atlantic Tunas Convention

Act of 1975 (16 U.S.C. 971h) is amended to read as follows:

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to the Secretary to carry out this Act, including use for payment

of the United States share of the joint expenses of the Commission

as provided in Article X of the Convention— ‘‘(1) $5,770,000 for each of fiscal years 2007 and 2008;

‘‘(2) $6,058,000 for each of fiscal years 2009 and 2010;

and

‘‘(3) $6,361,000 for each of fiscal years 2011 and 2013.

‘‘(b) ALLOCATION.—Of the amounts made available under subsection (a) for each fiscal year—

‘‘(1) $160,000 are authorized for the advisory committee

established under section 4 of this Act and the species working

groups established under section 4A of this Act; and

‘‘(2) $7,500,000 are authorized for research activities under

this Act and section 3 of Public Law 96–339 (16 U.S.C. 971i),

of which $3,000,000 shall be for the cooperative research program under section 3(b)(2)(H) of that section (16 U.S.C.

971i(b)(2)(H).’’.

(b) ATLANTIC BILLFISH COOPERATIVE RESEARCH PROGRAM.—

Section 3(b)(2) of Public Law 96–339 (16 U.S.C. 971i(b)(2)) is

amended—

(1) by striking ‘‘and’’ after the semicolon in subparagraph

(G);

(2) by redesignating subparagraph (H) as subparagraph

(I); and

(3) by inserting after subparagraph (G) the following:

‘‘(H) include a cooperative research program on Atlantic

billfish based on the Southeast Fisheries Science Center

Atlantic Billfish Research Plan of 2002; and’’.

(c) SENSE OF CONGRESS REGARDING FISH HABITAT.—Section

3 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a)

is amended by adding at the end the following:

‘‘(e) SENSE OF CONGRESS REGARDING FISH HABITAT.—It is the

sense of the Congress that the United States Commissioners should

seek to include ecosystem considerations in fisheries management,

including the conservation of fish habitat.’’.

SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

(a) INTERNATIONAL OVERFISHING.—Section 304 (16 U.S.C. 1854)

is amended by adding at the end thereof the following:

‘‘(i) INTERNATIONAL OVERFISHING.—The provisions of this subsection shall apply in lieu of subsection (e) to a fishery that the

Secretary determines is overfished or approaching a condition of

being overfished due to excessive international fishing pressure,

and for which there are no management measures to end overfishing

under an international agreement to which the United States is

a party. For such fisheries—

Applicability.

120 STAT. 3634 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(1) the Secretary, in cooperation with the Secretary of

State, immediately take appropriate action at the international

level to end the overfishing; and

‘‘(2) within 1 year after the Secretary’s determination, the

appropriate Council, or Secretary, for fisheries under section

302(a)(3) shall—

‘‘(A) develop recommendations for domestic regulations

to address the relative impact of fishing vessels of the

United States on the stock and, if developed by a Council,

the Council shall submit such recommendations to the

Secretary; and

‘‘(B) develop and submit recommendations to the Secretary of State, and to the Congress, for international

actions that will end overfishing in the fishery and rebuild

the affected stocks, taking into account the relative impact

of vessels of other nations and vessels of the United States

on the relevant stock.’’.

(b) HIGHLY MIGRATORY SPECIES TAGGING RESEARCH.—Section

304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking ‘‘(16 U.S.C.

971d)’’ and inserting ‘‘(16 U.S.C. 971d), or highly migratory species

harvested in a commercial fishery managed by a Council under

this Act or the Western and Central Pacific Fisheries Convention

Implementation Act,’’.

SEC. 407. UNITED STATES CATCH HISTORY.

In establishing catch allocations under international fisheries

agreements, the Secretary, in consultation with the Secretary of

the Department in which the Coast Guard is operating, and the

Secretary of State, shall ensure that all catch history associated

with a vessel of the United States remains with the United States

and is not transferred or credited to any other nation or vessel

of such nation, including when a vessel of the United States is

sold or transferred to a citizen of another nation or to an entity

controlled by citizens of another nation.

SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISHERIES.

(a) IN GENERAL.—The Secretary, in consultation with the Under

Secretary of Commerce for Oceans and Atmosphere, shall designate

a Senate-confirmed, senior official within the National Oceanic and

Atmospheric Administration to perform the duties of the Secretary

with respect to international agreements involving fisheries and

other living marine resources, including policy development and

representation as a U.S. Commissioner, under any such international agreements.

(b) ADVICE.—The designated official shall, in consultation with

the Deputy Assistant Secretary for International Affairs and the

Administrator of the National Marine Fisheries Service, advise

the Secretary, Undersecretary of Commerce for Oceans and

Atmosphere, and other senior officials of the Department of Commerce and the National Oceanic and Atmospheric Administration

on development of policy on international fisheries conservation

and management matters.

(c) CONSULTATION.—The designated official shall consult with

the Senate Committee on Commerce, Science, and Transportation

and the House Committee on Resources on matters pertaining

to any regional or international negotiation concerning living marine

resources, including shellfish.

16 USC 1891d.

16 USC 1891c.

Deadline.

Recommendations.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3635

(d) DELEGATION.—The designated official may delegate and

authorize successive re-delegation of such functions, powers, and

duties to such officers and employees of the National Oceanic and

Atmospheric Administration as deemed necessary to discharge the

responsibility of the Office.

(e) EFFECTIVE DATE.—This section shall take effect on January

1, 2009.

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Western and Central Pacific

Fisheries Convention Implementation Act’’.

SEC. 502. DEFINITIONS.

In this title:

(1) 1982 CONVENTION.—The term ‘‘1982 Convention’’ means

the United Nations Convention on the Law of the Sea of 10

December 1982.

(2) AGREEMENT.—The term ‘‘Agreement’’ means the Agreement for the Implementation of the Provisions of the United

Nations Convention on the Law of the Sea of 10 December

1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

(3) COMMISSION.—The term ‘‘Commission’’ means the

Commission for the Conservation and Management of Highly

Migratory Fish Stocks in the Western and Central Pacific Ocean

established in accordance with this Convention.

(4) CONVENTION AREA.—The term ‘‘convention area’’ means

all waters of the Pacific Ocean bounded to the south and

to the east by the following line:

From the south coast of Australia due south along the 141th

meridian of east longitude to its intersection with the 55th

parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian

of east longitude; thence due south along the 150th meridian

of east longitude to its intersection with the 60th parallel

of south latitude; thence due east along the 60th parallel of

south latitude to its intersection with the 130th meridian of

west longitude; thence due north along the 130th meridian

of west longitude to its intersection with the 4th parallel of

south latitude; thence due west along the 4th parallel of south

latitude to its intersection with the 150th meridian of west

longitude; thence due north along the 150th meridian of west

longitude.

(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive economic zone’’ means the zone established by Presidential

Proclamation Numbered 5030 of March 10, 1983.

(6) FISHING.—The term ‘‘fishing’’ means—

(A) searching for, catching, taking, or harvesting fish;

(B) attempting to search for, catch, take, or harvest

fish;

16 USC 6901.

16 USC 6901

note.

Western and

Central Pacific

Fisheries

Convention

Implementation

Act.

120 STAT. 3636 PUBLIC LAW 109–479—JAN. 12, 2007

(C) engaging in any other activity which can reasonably

be expected to result in the locating, catching, taking, or

harvesting of fish for any purpose;

(D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as

radio beacons;

(E) any operations at sea directly in support of, or

in preparation for, any activity described in subparagraphs

(A) through (D), including transshipment; and

(F) use of any other vessel, vehicle, aircraft, or hovercraft, for any activity described in subparagraphs (A)

through (E) except for emergencies involving the health

and safety of the crew or the safety of a vessel.

(7) FISHING VESSEL.—The term ‘‘fishing vessel’’ means any

vessel used or intended for use for the purpose of fishing,

including support ships, carrier vessels, and any other vessel

directly involved in such fishing operations.

(8) HIGHLY MIGRATORY FISH STOCKS.—The term ‘‘highly

migratory fish stocks’’ means all fish stocks of the species

listed in Annex 1 of the 1982 Convention, except sauries, occurring in the Convention Area, and such other species of fish

as the Commission may determine.

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Commerce.

(10) STATE.—The term ‘‘State’’ means each of the several

States of the United States, the District of Columbia, the

Commonwealth of the Northern Mariana Islands, American

Samoa, Guam, and any other commonwealth, territory, or

possession of the United States.

(11) TRANSHIPMENT.—The term ‘‘transshipment’’ means the

unloading of all or any of the fish on board a fishing vessel

to another fishing vessel either at sea or in port.

(12) WCPFC CONVENTION; WESTERN AND CENTRAL PACIFIC

CONVENTION.—The terms ‘‘WCPFC Convention’’ and ‘‘Western

and Central Pacific Convention’’ means the Convention on the

Conservation and Management of the Highly Migratory Fish

Stocks in the Western and Central Pacific Ocean, (including

any annexes, amendments, or protocols which are in force,

or have come into force, for the United States) which was

adopted at Honolulu, Hawaii, on September 5, 2000, by the

Multilateral High Level Conference on the Highly Migratory

Fish Stocks in the Western and Central Pacific Ocean.

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

(a) IN GENERAL.—The United States shall be represented on

the Commission by 5 United States Commissioners. The President

shall appoint individuals to serve on the Commission at the pleasure

of the President. In making the appointments, the President shall

select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the

Western and Central Pacific Ocean, one of whom shall be an officer

or employee of the Department of Commerce, and one of whom

shall be the chairman or a member of the Western Pacific Fishery

Management Council and the Pacific Fishery Management Council.

The Commissioners shall be entitled to adopt such rules of procedures as they find necessary and to select a chairman from among

President.

16 USC 6902.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3637

members who are officers or employees of the United States Government.

(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in

consultation with the Secretary, may designate from time to time

and for periods of time deemed appropriate Alternate United States

Commissioners to the Commission. Any Alternate United States

Commissioner may exercise at any meeting of the Commission,

Council, any Panel, or the advisory committee established pursuant

to subsection (d), all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant

to subsection (a) of this section for whatever reason. The number

of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of

United States Commissioners appointed pursuant to subsection (a)

of this section who will not be present at such meeting.

(c) ADMINISTRATIVE MATTERS.— (1) EMPLOYMENT STATUS.—Individuals serving as such

Commissioners, other than officers or employees of the United

States Government, shall be considered to be Federal employees

while performing such service, only for purposes of—

(A) injury compensation under chapter 81 of title 5,

United States Code;

(B) requirements concerning ethics, conflicts of

interest, and corruption as provided under title 18, United

States Code; and

(C) any other criminal or civil statute or regulation

governing the conduct of Federal employees.

(2) COMPENSATION.—The United States Commissioners or

Alternate Commissioners, although officers of the United States

while so serving, shall receive no compensation for their services

as such Commissioners or Alternate Commissioners.

(3) TRAVEL EXPENSES.—

(A) The Secretary of State shall pay the necessary

travel expenses of United States Commissioners and Alternate United States Commissioners in accordance with the

Federal Travel Regulations and sections 5701, 5702, 5704

through 5708, and 5731 of title 5, United States Code.

(B) The Secretary may reimburse the Secretary of State

for amounts expended by the Secretary of State under

this subsection.

(d) ADVISORY COMMITTEES.—

(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.—

(A) MEMBERSHIP.—There is established an advisory

committee which shall be composed of—

(i) not less than 15 nor more than 20 individuals

appointed by the Secretary of Commerce in consultation with the United States Commissioners, who shall

select such individuals from the various groups concerned with the fisheries covered by the WCPFC

Convention, providing, to the maximum extent practicable, an equitable balance among such groups;

(ii) the chair of the Western Pacific Fishery

Management Council’s Advisory Committee or the

chair’s designee; and

(iii) officials of the fisheries management authorities of American Samoa, Guam, and the Northern Mariana Islands (or their designees).

120 STAT. 3638 PUBLIC LAW 109–479—JAN. 12, 2007

(B) TERMS AND PRIVILEGES.—Each member of the

advisory committee appointed under subparagraph (A)

shall serve for a term of 2 years and shall be eligible

for reappointment. The advisory committee shall be invited

to attend all non-executive meetings of the United States

Commissioners and at such meetings shall be given opportunity to examine and to be heard on all proposed programs

of investigation, reports, recommendations, and regulations

of the Commission.

(C) PROCEDURES.—The advisory committee established

by subparagraph (A) shall determine its organization, and

prescribe its practices and procedures for carrying out its

functions under this chapter, the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801

et seq.), and the WCPFC Convention. The advisory committee shall publish and make available to the public a

statement of its organization, practices, and procedures.

A majority of the members of the advisory committee shall

constitute a quorum. Meetings of the advisory committee,

except when in executive session, shall be open to the

public, and prior notice of meetings shall be made public

in a timely fashion. and the advisory committee shall not

be subject to the Federal Advisory Committee Act (5 U.S.C.

App.).

(D) PROVISION OF INFORMATION.—The Secretary and

the Secretary of State shall furnish the advisory committee

with relevant information concerning fisheries and international fishery agreements.

(2) ADMINISTRATIVE MATTERS.—

(A) SUPPORT SERVICES.—The Secretary shall provide

to advisory committees in a timely manner such administrative and technical support services as are necessary

for their effective functioning.

(B) COMPENSATION; STATUS; EXPENSES.—Individuals

appointed to serve as a member of an advisory committee—

(i) shall serve without pay, but while away from

their homes or regular places of business in the

performance of services for the advisory committee

shall be allowed travel expenses, including per diem

in lieu of subsistence, in the same manner as persons

employed intermittently in the Government service are

allowed expenses under section 5703 of title 5, United

States Code; and

(ii) shall be considered Federal employees while

performing service as members of an advisory committee only for purposes of—

(I) injury compensation under chapter 81 of

title 5, United States Code;

(II) requirements concerning ethics, conflictsof-interest, and corruption, as provided by title

18, United States Code; and

(III) any other criminal or civil statute or regulation governing the conduct of Federal employees

in their capacity as Federal employees.

(f) MEMORANDUM OF UNDERSTANDING.—For highly migratory

species in the Pacific, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding

Publication.

Public

information.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3639

with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of the relevant Council or

Councils with respect to—

(1) participation in United States delegations to international fishery organizations in the Pacific Ocean, including

government-to-government consultations;

(2) providing formal recommendations to the Secretary and

the Secretary of State regarding necessary measures for both

domestic and foreign vessels fishing for these species;

(3) coordinating positions with the United States delegation

for presentation to the appropriate international fishery

organization; and

(4) recommending those domestic fishing regulations that

are consistent with the actions of the international fishery

organization, for approval and implementation under the

Magnuson-Stevens Fishery Conservation and Management Act

(16 U.S.C. 1801 et seq.)

SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF

STATE.

The Secretary of State may—

(1) receive and transmit, on behalf of the United States,

reports, requests, recommendations, proposals, decisions, and

other communications of and to the Commission;

(2) in consultation with the Secretary approve, disapprove,

object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the WCPFC Commission, and, with

the concurrence of the Secretary to approve or disapprove the

general annual program of the WCPFC Commission with

respect to conservation and management measures and other

measures proposed or adopted in accordance with the WCPFC

Convention; and

(3) act upon, or refer to other appropriate authority, any

communication referred to in paragraph (1).

SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

(a) PROMULGATION OF REGULATIONS.—The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the

Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the United States international obligations under the WCPFC Convention and this title,

including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that

would govern fisheries under the authority of a Regional Fishery

Management Council, the Secretary may, to the extent practicable

within the implementation schedule of the WCPFC Convention

and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures

established by the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.).

(b) ADDITIONS TO FISHERY REGIMES AND REGULATIONS.—The

Secretary may promulgate regulations applicable to all vessels and

persons subject to the jurisdiction of the United States, including

United States flag vessels wherever they may be operating, on

such date as the Secretary shall prescribe.

16 USC 6904.

16 USC 6903.

120 STAT. 3640 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 506. ENFORCEMENT.

(a) IN GENERAL.—The Secretary may—

(1) administer and enforce this title and any regulations

issued under this title, except to the extent otherwise provided

for in this Act;

(2) request and utilize on a reimbursed or non-reimbursed

basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in—

(A) the administration and enforcement of this title;

and

(B) the conduct of scientific, research, and other programs under this title;

(3) conduct fishing operations and biological experiments

for purposes of scientific investigation or other purposes necessary to implement the WCPFC Convention;

(4) collect, utilize, and disclose such information as may

be necessary to implement the WCPFC Convention, subject

to sections 552 and 552a of title 5, United States Code, and

section 402(b) of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1881a(b));

(5) if recommended by the United States Commissioners

or proposed by a Council with authority over the relevant

fishery, assess and collect fees, not to exceed three percent

of the ex-vessel value of fish harvested by vessels of the United

States in fisheries managed pursuant to this title, to recover

the actual costs to the United States of management and

enforcement under this title, which shall be deposited as an

offsetting collection in, and credited to, the account providing

appropriations to carry out the functions of the Secretary under

this title; and

(6) issue permits to owners and operators of United States

vessels to fish in the convention area seaward of the United

States Exclusive Economic Zone, under such terms and conditions as the Secretary may prescribe, and shall remain valid

for a period to be determined by the Secretary.

(b) CONSISTENCY WITH OTHER LAWS.—The Secretary shall

ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et

seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South

Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public

Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore

tuna), and the Atlantic Tunas Convention Act (16 U.S.C. 971).

(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent

any person from violating this title in the same manner, by the

same means, and with the same jurisdiction, powers, and duties

as though all applicable terms and provisions of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1857) were incorporated into and made a part of this title. Any

person that violates any provision of this title is subject to the

penalties and entitled to the privileges and immunities provided

in the Magnuson-Stevens Fishery Conservation and Management

Act in the same manner, by the same means, and with the same

jurisdiction, power, and duties as though all applicable terms and

provisions of that Act were incorporated into and made a part

of this title.

(d) CONFIDENTIALITY.—

16 USC 6905.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3641

(1) IN GENERAL.—Any information submitted to the Secretary in compliance with any requirement under this Act

shall be confidential and shall not be disclosed, except—

(A) to Federal employees who are responsible for

administering, implementing, and enforcing this Act;

(B) to the Commission, in accordance with requirements in the Convention and decisions of the Commission,

and, insofar as possible, in accordance with an agreement

with the Commission that prevents public disclosure of

the identity or business of any person;

(C) to State or Marine Fisheries Commission employees

pursuant to an agreement with the Secretary that prevents

public disclosure of the identity or business or any person;

(D) when required by court order; or

(E) when the Secretary has obtained written authorization from the person submitting such information to release

such information to persons for reasons not otherwise provided for in this subsection, and such release does not

violate other requirements of this Act.

(2) USE OF INFORMATION.—The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve

the confidentiality of information submitted in compliance with

any requirement or regulation under this Act, except that the

Secretary may release or make public any such information

in any aggregate or summary form that does not directly or

indirectly disclose the identity or business of any person.

Nothing in this subsection shall be interpreted or construed

to prevent the use for conservation and management purposes

by the Secretary of any information submitted in compliance

with any requirement or regulation under this Act.

SEC. 507. PROHIBITED ACTS.

(a) IN GENERAL.—It is unlawful for any person—

(1) to violate any provision of this title or any regulation

or permit issued pursuant to this title;

(2) to use any fishing vessel to engage in fishing after

the revocation, or during the period of suspension, on an

applicable permit issued pursuant to this title;

(3) to refuse to permit any officer authorized to enforce

the provisions of this title to board a fishing vessel subject

to such person’s control for the purposes of conducting any

search, investigation, or inspection in connection with the

enforcement of this title or any regulation, permit, or the

Convention;

(4) to forcibly assault, resist, oppose, impede, intimidate,

or interfere with any such authorized officer in the conduct

of any search, investigations, or inspection in connection with

the enforcement of this title or any regulation, permit, or the

Convention;

(5) to resist a lawful arrest for any act prohibited by this

title;

(6) to ship, transport, offer for sale, sell, purchase, import,

export, or have custody, control, or possession of, any fish

taken or retained in violation of this title or any regulation,

permit, or agreement referred to in paragraph (1) or (2);

(7) to interfere with, delay, or prevent, by any means,

the apprehension or arrest of another person, knowing that

16 USC 6906.

Regulations.

120 STAT. 3642 PUBLIC LAW 109–479—JAN. 12, 2007

such other person has committed any chapter prohibited by

this section;

(8) to knowingly and willfully submit to the Secretary

false information (including false information regarding the

capacity and extent to which a United States fish processor,

on an annual basis, will process a portion of the optimum

yield of a fishery that will be harvested by fishery vessels

of the United States), regarding any matter that the Secretary

is considering in the course of carrying out this title;

(9) to forcibly assault, resist, oppose, impede, intimidate,

sexually harass, bribe, or interfere with any observer on a

vessel under this title, or any data collector employed by the

National Marine Fisheries Service or under contract to any

person to carry out responsibilities under this title;

(10) to engage in fishing in violation of any regulation

adopted pursuant to section 506(a) of this title;

(11) to ship, transport, purchase, sell, offer for sale, import,

export, or have in custody, possession, or control any fish taken

or retained in violation of such regulations;

(12) to fail to make, keep, or furnish any catch returns,

statistical records, or other reports as are required by regulations adopted pursuant to this title to be made, kept, or furnished;

(13) to fail to stop a vessel upon being hailed and instructed

to stop by a duly authorized official of the United States;

(14) to import, in violation of any regulation adopted pursuant to section 506(a) of this title, any fish in any form of

those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any tuna

in any form not under regulation but under investigation by

the Commission, during the period such fish have been denied

entry in accordance with the provisions of section 506(a) of

this title.

(b) ENTRY CERTIFICATION.—In the case of any fish described

in subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary

that such fish is not ineligible for such entry under the terms

of section 506(a) of this title.

SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTITUTIONS AND

ORGANIZATIONS.—The Secretary may cooperate with agencies of

the United States government, any public or private institutions

or organizations within the United States or abroad, and, through

the Secretary of State, the duly authorized officials of the government of any party to the WCPFC Convention, in carrying out

responsibilities under this title.

(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES AND PERSONNEL.—All Federal agencies are authorized, upon the request

of the Secretary, to cooperate in the conduct of scientific and other

programs and to furnish facilities and personnel for the purpose

of assisting the Commission in carrying out its duties under the

WCPFC Convention.

(c) SANCTIONED FISHING OPERATIONS AND BIOLOGICAL EXPERIMENTS.—Nothing in this title, or in the laws or regulations of

any State, prevents the Secretary or the Commission from—

16 USC 6907.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3643

(1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes

of scientific investigation; or

(2) discharging any other duties prescribed by the WCPFC

Convention.

(d) STATE JURISDICTION NOT AFFECTED.—Except as provided

in subsection (e) of this section, nothing in this title shall be

construed to diminish or to increase the jurisdiction of any State

in the territorial sea of the United States.

(e) APPLICATION OF REGULATIONS— (1) IN GENERAL.—Regulations promulgated under section

506(a) of this title shall apply within the boundaries of any

State bordering on the Convention area if the Secretary has

provided notice to such State, the State does not request an

agency hearing, and the Secretary determines that the State—

(A) has not, within a reasonable period of time after

the promulgation of regulations pursuant to this title,

enacted laws or promulgated regulations that implement

the recommendations of the Commission within the boundaries of such State; or

(B) has enacted laws or promulgated regulations that

implement the recommendations of the commission within

the boundaries of such State that—

(i) are less restrictive that the regulations promulgated under section 506(a) of this title; or

(ii) are not effectively enforced.

(2) DETERMINATION BY SECRETARY.—The regulations

promulgated pursuant to section 506(a) of this title shall apply

until the Secretary determines that the State is effectively

enforcing within its boundaries measures that are not less

restrictive than the regulations promulgated under section

506(a) of this title.

(3) HEARING.—If a State requests a formal agency hearing,

the Secretary shall not apply the regulations promulgated

pursuant section 506(a) of this title within that State’s boundaries unless the hearing record supports a determination under

paragraph (1)(A) or (B).

(f) REVIEW OF STATE LAWS AND REGULATIONS.—To ensure that

the purposes of subsection (e) are carried out, the Secretary shall

undertake a continuing review of the laws and regulations of all

States to which subsection (e) applies or may apply and the extent

to which such laws and regulations are enforced.

SEC. 509. TERRITORIAL PARTICIPATION.

The Secretary of State shall ensure participation in the

Commission and its subsidiary bodies by American Samoa, Guam,

and the Northern Mariana Islands to the same extent provided

to the territories of other nations.

SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

Masters of commercial fishing vessels of nations fishing for

species under the management authority of the Western and Central Pacific Fisheries Convention that do not carry vessel monitoring

systems capable of communicating with United States enforcement

authorities shall, prior to, or as soon as reasonably possible after,

entering and transiting the Exclusive Economic Zone seaward of

Hawaii and of the Commonwealths, territories, and possessions

of the United States in the Pacific Ocean area—

Hawaii.

Territories.

16 USC 6909.

16 USC 6908.

120 STAT. 3644 PUBLIC LAW 109–479—JAN. 12, 2007

(1) notify the United States Coast Guard or the National

Marine Fisheries Service Office of Law Enforcement in the

appropriate region of the name, flag state, location, route, and

destination of the vessel and of the circumstances under which

it will enter United States waters;

(2) ensure that all fishing gear on board the vessel is

stowed below deck or otherwise removed from the place where

it is normally used for fishing and placed where it is not

readily available for fishing; and

(3) where requested by an enforcement officer, proceed

to a specified location so that a vessel inspection can be conducted.

SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of

Commerce such sums as may be necessary to carry out this title

and to pay the United States’ contribution to the Commission

under section 5 of part III of the WCPFC Convention.

TITLE VI—PACIFIC WHITING

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Pacific Whiting Act of 2006’’.

SEC. 602. DEFINITIONS.

In this title:

(1) ADVISORY PANEL.—The term ‘‘advisory panel’’ means

the Advisory Panel on Pacific Hake/Whiting established by

the Agreement.

(2) AGREEMENT.—The term ‘‘Agreement’’ means the Agreement between the Government of the United States and the

Government of Canada on Pacific Hake/Whiting, signed at

Seattle, Washington, on November 21, 2003.

(3) CATCH.—The term ‘‘catch’’ means all fishery removals

from the offshore whiting resource, including landings, discards,

and bycatch in other fisheries.

(4) JOINT MANAGEMENT COMMITTEE.—The term ‘‘joint

management committee’’ means the joint management committee established by the Agreement.

(5) JOINT TECHNICAL COMMITTEE.—The term ‘‘joint technical committee’’ means the joint technical committee established by the Agreement.

(6) OFFSHORE WHITING RESOURCE.—The term ‘‘offshore

whiting resource’’ means the transboundary stock of Merluccius

productus that is located in the offshore waters of the United

States and Canada except in Puget Sound and the Strait of

Georgia.

(7) SCIENTIFIC REVIEW GROUP.—The term ‘‘scientific review

group’’ means the scientific review group established by the

Agreement.

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Commerce.

(9) UNITED STATES SECTION.—The term ‘‘United States Section’’ means the United States representatives on the joint

management committee.

16 USC 7001.

16 USC 7001

note.

Pacific Whiting

Act of 2006.

16 USC 6910.

Notification.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3645

SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT

COMMITTEE.

(a) REPRESENTATIVES.—

(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of State, shall appoint 4 individuals to represent

the United States as the United States Section on the joint

management committee. In making the appointments, the Secretary shall select representatives from among individuals who

are knowledgeable or experienced concerning the offshore

whiting resource. Of these—

(A) 1 shall be an official of the National Oceanic and

Atmospheric Administration;

(B) 1 shall be a member of the Pacific Fishery Management Council, appointed with consideration given to any

recommendation provided by that Council;

(C) 1 shall be appointed from a list submitted by the

treaty Indian tribes with treaty fishing rights to the offshore whiting resource; and

(D) 1 shall be appointed from the commercial sector

of the whiting fishing industry concerned with the offshore

whiting resource.

(2) TERM OF OFFICE.—Each representative appointed under

paragraph (1) shall be appointed for a term not to exceed

4 years, except that, of the initial appointments, 2 representatives shall be appointed for terms of 2 years. Any individual

appointed to fill a vacancy occurring prior to the expiration

of the term of office of that individual’s predecessor shall be

appointed for the remainder of that term. A representative

may be appointed for a term of less than 4 years if such

term is necessary to ensure that the term of office of not

more than 2 representatives will expire in any single year.

An individual appointed to serve as a representative is eligible

for reappointment.

(3) CHAIR.—Unless otherwise agreed by all of the 4 representatives, the chair shall rotate annually among the 4 members, with the order of rotation determined by lot at the first

meeting.

(b) ALTERNATE REPRESENTATIVES.—The Secretary, in consultation with the Secretary of State, may designate alternate representatives of the United States to serve on the joint management

committee. An alternative representative may exercise, at any

meeting of the committee, all the powers and duties of a representative in the absence of a duly designated representative for whatever

reason.

SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC

REVIEW GROUP.

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of State, shall appoint no more than 2 scientific experts

to serve on the scientific review group. An individual shall not

be eligible to serve on the scientific review group while serving

on the joint technical committee.

(b) TERM.—An individual appointed under subsection (a) shall

be appointed for a term of not to exceed 4 years, but shall be

eligible for reappointment. An individual appointed to fill a vacancy

16 USC 7003.

16 USC 7002.

120 STAT. 3646 PUBLIC LAW 109–479—JAN. 12, 2007

occurring prior to the expiration of a term of office of that individual’s predecessor shall be appointed to serve for the remainder

of that term.

(c) JOINT APPOINTMENTS.—In addition to individuals appointed

under subsection (a), the Secretary, jointly with the Government

of Canada, may appoint to the scientific review group, from a

list of names provided by the advisory panel—

(1) up to 2 independent members of the scientific review

group; and

(2) 2 public advisors.

SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL

COMMITTEE.

(a) SCIENTIFIC EXPERTS.—

(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of State, shall appoint at least 6 but not more than

12 individuals to serve as scientific experts on the joint technical committee, at least 1 of whom shall be an official of

the National Oceanic and Atmospheric Administration.

(2) TERM OF OFFICE.—An individual appointed under paragraph (1) shall be appointed for a term of not to exceed 4

years, but shall be eligible for reappointment. An individual

appointed to fill a vacancy occurring prior to the expiration

of the term of office of that individual’s predecessor shall be

appointed for the remainder of that term.

(b) INDEPENDENT MEMBER.—In addition to individuals

appointed under subsection (a), the Secretary, jointly with the

Government of Canada, shall appoint 1 independent member to

the joint technical committee selected from a list of names provided

by the advisory panel.

SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

(a) IN GENERAL.—

(1) APPOINTMENT.—The Secretary, in consultation with the

Secretary of State, shall appoint at least 6 but not more than

12 individuals to serve as members of the advisory panel,

selected from among individuals who are—

(A) knowledgeable or experienced in the harvesting,

processing, marketing, management, conservation, or

research of the offshore whiting resource; and

(B) not employees of the United States.

(2) TERM OF OFFICE.—An individual appointed under paragraph (1) shall be appointed for a term of not to exceed 4

years, but shall be eligible for reappointment. An individual

appointed to fill a vacancy occurring prior to the expiration

of the term of office of that individual’s predecessor shall be

appointed for the remainder of that term.

SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

(a) IN GENERAL.—The Secretary is responsible for carrying

out the Agreement and this title, including the authority, to be

exercised in consultation with the Secretary of State, to accept

or reject, on behalf of the United States, recommendations made

by the joint management committee.

(b) REGULATIONS; COOPERATION WITH CANADIAN OFFICIALS.—

In exercising responsibilities under this title, the Secretary—

16 USC 7006.

16 USC 7005.

16 USC 7004.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3647

(1) may promulgate such regulations as may be necessary

to carry out the purposes and objectives of the Agreement

and this title; and

(2) with the concurrence of the Secretary of State, may

cooperate with officials of the Canadian Government duly

authorized to carry out the Agreement.

SEC. 608. RULEMAKING.

(a) APPLICATION WITH MAGNUSON-STEVENS ACT.—The Secretary shall establish the United States catch level for Pacific

whiting according to the standards and procedures of the Agreement

and this title rather than under the standards and procedures

of the Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.), except to the extent necessary to

address the rebuilding needs of other species. Except for establishing the catch level, all other aspects of Pacific whiting management shall be—

(1) subject to the Magnuson-Stevens Fishery Conservation

and Management Act; and

(2) consistent with this title.

(b) JOINT MANAGEMENT COMMITTEE RECOMMENDATIONS.—For

any year in which both parties to the Agreement approve recommendations made by the joint management committee with

respect to the catch level, the Secretary shall implement the

approved recommendations. Any regulation promulgated by the

Secretary to implement any such recommendation shall apply, as

necessary, to all persons and all vessels subject to the jurisdiction

of the United States wherever located.

(c) YEARS WITH NO APPROVED CATCH RECOMMENDATIONS.—

If the parties to the Agreement do not approve the joint management committee’s recommendation with respect to the catch level

for any year, the Secretary shall establish the total allowable catch

for Pacific whiting for the United States catch. In establishing

the total allowable catch under this subsection, the Secretary shall—

(1) take into account any recommendations from the Pacific

Fishery Management Council, the joint management committee, the joint technical committee, the scientific review

group, and the advisory panel;

(2) base the total allowable catch on the best scientific

information available;

(3) use the default harvest rate set out in paragraph 1

of Article III of the Agreement unless the Secretary determines

that the scientific evidence demonstrates that a different rate

is necessary to sustain the offshore whiting resource; and

(4) establish the United State’s share of the total allowable

catch based on paragraph 2 of Article III of the Agreement

and make any adjustments necessary under section 5 of Article

II of the Agreement.

SEC. 609. ADMINISTRATIVE MATTERS.

(a) EMPLOYMENT STATUS.—Individuals appointed under section

603, 604, 605, or 606 of this title who are serving as such Commissioners, other than officers or employees of the United States

Government, shall be considered to be Federal employees while

performing such service, only for purposes of—

(1) injury compensation under chapter 81 of title 5, United

States Code;

16 USC 7008.

Applicability.

16 USC 7007.

120 STAT. 3648 PUBLIC LAW 109–479—JAN. 12, 2007

(2) requirements concerning ethics, conflicts of interest,

and corruption as provided under title 18, United States Code;

and

(3) any other criminal or civil statute or regulation governing the conduct of Federal employees.

(b) COMPENSATION.— (1) IN GENERAL.—Except as provided in paragraph (2), an

individual appointed under this title shall receive no compensation for the individual’s service as a representative, alternate

representative, scientific expert, or advisory panel member

under this title.

(2) SCIENTIFIC REVIEW GROUP.—Notwithstanding paragraph

(1), the Secretary may employ and fix the compensation of

an individual appointed under section 604(a) to serve as a

scientific expert on the scientific review group who is not

employed by the United States Government, a State government, or an Indian tribal government in accordance with section

3109 of title 5, United States Code.

(c) TRAVEL EXPENSES.—Except as provided in subsection (d),

the Secretary shall pay the necessary travel expenses of individuals

appointed under this title in accordance with the Federal Travel

Regulations and sections 5701, 5702, 5704 through 5708, and 5731

of title 5, United States Code.

(d) JOINT APPOINTEES.—With respect to the 2 independent

members of the scientific review group and the 2 public advisors

to the scientific review group jointly appointed under section 604(c),

and the 1 independent member to the joint technical committee

jointly appointed under section 605(b), the Secretary may pay up

to 50 percent of—

(1) any compensation paid to such individuals; and

(2) the necessary travel expenses of such individuals.

SEC. 610. ENFORCEMENT.

(a) IN GENERAL.—The Secretary may—

(1) administer and enforce this title and any regulations

issued under this title;

(2) request and utilize on a reimbursed or non-reimbursed

basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this title; and

(3) collect, utilize, and disclose such information as may

be necessary to implement the Agreement and this title, subject

to sections 552 and 552a of title 5, United States Code.

(b) PROHIBITED ACTS.—It is unlawful for any person to violate

any provision of this title or the regulations promulgated under

this title.

(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent

any person from violating this title in the same manner, by the

same means, and with the same jurisdiction, powers, and duties

as though all applicable terms and provisions of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1857) were incorporated into and made a part of this title. Any

person that violates any provision of this title is subject to the

penalties and entitled to the privileges and immunities provided

in the Magnuson-Stevens Fishery Conservation and Management

Act in the same manner, by the same means, and with the same

jurisdiction, power, and duties as though all applicable terms and

16 USC 7009.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3649

provisions of that Act were incorporated into and made a part

of this title.

(d) PENALTIES.—This title shall be enforced by the Secretary

as if a violation of this title or of any regulation promulgated

by the Secretary under this title were a violation of section 307

of the Magnuson-Stevens Fishery Conservation and Management

Act (16 U.S.C. 1857).

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary such

sums as may be necessary to carry out the obligations of the

United States under the Agreement and this title.

TITLE VII—MISCELLANEOUS

SEC. 701. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT

ON FISHERIES.

The Secretary of Commerce shall request the National Research

Council to conduct a study of the acidification of the oceans and

how this process affects the United States.

SEC. 702. PUGET SOUND REGIONAL SHELLFISH SETTLEMENT.

(a) FINDINGS AND PURPOSES.— (1) FINDINGS.—Congress finds that—

(A) the Tribes have established treaty rights to take

shellfish from public and private tidelands in Washington

State, including from some lands owned, leased, or otherwise subject to harvest by commercial shellfish growers;

(B) the district court that adjudicated the Tribes’ treaty

rights to take shellfish found that the growers are innocent

purchasers who had no notice of the Tribes’ fishing right

when they acquired their properties;

(C) numerous unresolved issues remain outstanding

regarding implementation of the Tribes’ treaty right to

take shellfish from lands owned, leased, or otherwise subject to harvest by the growers;

(D) the Tribes, the growers, the State of Washington,

and the United States Department of the Interior have

resolved by a settlement agreement many of the disputes

between and among them regarding implementation of the

Tribes’ treaty right to take shellfish from covered tidelands

owned or leased by the growers;

(E) the settlement agreement does not provide for resolution of any claims to take shellfish from lands owned

or leased by the growers that potentially may be brought

in the future by other Tribes;

(F) in the absence of congressional actions, the prospect

of other Tribes claims to take shellfish from lands owned

or leased by the growers could be pursued through the

courts, a process which in all likelihood could consume

many years and thereby promote uncertainty in the State

of Washington and the growers and to the ultimate detriment of both the Tribes and other Tribes and their members;

(G) in order to avoid this uncertainty, it is the intent

of Congress that other Tribes have the option of resolving

their claims, if any, to a treaty right to take shellfish

Washington.

Native

Americans.

16 USC 7010.

120 STAT. 3650 PUBLIC LAW 109–479—JAN. 12, 2007

from covered tidelands owned or leased by the growers;

and

(H) this Act represents a good faith effort on the part

of Congress to extend to other Tribes the same fair and

just option of resolving their claims to take shellfish from

covered tidelands owned or leased by the growers that

the Tribes have agreed to in the settlement agreement.

(2) PURPOSES.—The purposes of this section are—

(A) to approve, ratify, and confirm the settlement

agreement entered into by and among the Tribes, commercial shellfish growers, the State of Washington, and the

United States;

(B) to provide other Tribes with a fair and just resolution of any claims to take shellfish from covered tidelands,

as that term is defined in the settlement agreement, that

potentially could be brought in the future by other Tribes;

and

(C) to authorize the Secretary to implement the terms

and conditions of the settlement agreement and this section.

(b) APPROVAL OF SETTLEMENT AGREEMENT.—

(1) IN GENERAL.—The settlement agreement is hereby

approved, ratified, and confirmed, and section 6 of the settlement agreement, Release of Claims, is specifically adopted and

incorporated into this section as if fully set forth herein.

(2) AUTHORIZATION FOR IMPLEMENTATION.—The Secretary

is hereby authorized to implement the terms and conditions

of the settlement agreement in accordance with the settlement

agreement and this section.

(c) FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.—

(1) PUGET SOUND REGIONAL SHELLFISH SETTLEMENT TRUST

FUND.—

(A) There is hereby established in the Treasury of

the United States an account to be designated as the ‘‘Puget

Sound Regional Shellfish Settlement Trust Fund’’. The Secretary shall deposit funds in the amount of $22,000,000

at such time as appropriated pursuant to this section into

the Fund.

(B) The Fund shall be maintained and invested by

the Secretary of the Interior pursuant to the Act of June

24, 1938 (25 U.S.C. 162a) until such time as all monies

are transferred from the Fund.

(C) The Secretary shall transfer monies held in the

Fund to each Tribe of the Tribes in the amounts and

manner specified by and in accordance with the payment

agreement established pursuant to the settlement agreement and this section.

(2) PUGET SOUND REGIONAL SHELLFISH SETTLEMENT SPECIAL

HOLDING ACCOUNT.—

(A) There is hereby established in the Treasury of

the United States a fund to be designated as the ‘‘Puget

Sound Regional Shellfish Settlement Special Holding

Account’’. The Secretary shall deposit funds in the amount

of $1,500,000 into the Special Holding Account in fiscal

year 2011 at such time as such funds are appropriated

pursuant to this section.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3651

(B) The Special Holding Account shall be maintained

and invested by the Secretary of the Interior pursuant

to the Act of June 24, 1938, (25 U.S.C. 162a) until such

time as all monies are transferred from the Special Holding

Account.

(C) If a court of competent jurisdiction renders a final

decision declaring that any of the other Tribes has an

established treaty right to take or harvest shellfish in

covered tidelands, as that term is defined in the settlement

agreement, and such tribe opts to accept a share of the

Special Holding Account, rather than litigate this claim

against the growers, the Secretary shall transfer the appropriate share of the monies held in the Special Holding

Account to each such tribe of the other Tribes in the

amounts appropriate to compensate the other Tribes in

the same manner and for the same purposes as the Tribes

who are signatory to the settlement agreement. Such a

transfer to a tribe shall constitute full and complete satisfaction of that tribe’s claims to shellfish on the covered

tidelands.

(D) The Secretary may retain such amounts of the

Special Holding Account as necessary to provide for additional tribes that may judicially establish their rights to

take shellfish in the covered tidelands within the term

of that Account, provided that the Secretary pays the

remaining balance to the other Tribes prior to the expiration of the term of the Special Holding Account.

(E) The Tribes shall have no interest, possessory or

otherwise, in the Special Holding Account.

(F) Twenty years after the deposit of funds into the

Special Holding Account, the Secretary shall close the

Account and transfer the balance of any funds held in

the Special Holding Account at that time to the Treasury.

However, the Secretary may continue to maintain the Special Holding Account in order to resolve the claim of an

other Tribe that has notified the Secretary in writing within

the 20-year term of that Tribe’s interest in resolving its

claim in the manner provided for in this section.

(G) It is the intent of Congress that the other Tribes,

if any, shall have the option of agreeing to similar rights

and responsibilities as the Tribes that are signatories to

the settlement agreement, if they opt not to litigate against

the growers.

(3) ANNUAL REPORT.—Each tribe of the Tribes, or any of

the other Tribes accepting a settlement of its claims to shellfish

on covered lands pursuant to paragraph (2)(C), shall submit

to the Secretary an annual report that describes all expenditures made with monies withdrawn from the Fund or Special

Holding Account during the year covered by the report.

(4) JUDICIAL AND ADMINISTRATIVE ACTION.—The Secretary

may take judicial or administrative action to ensure that any

monies withdrawn from the Fund or Special Holding Account

are used in accordance with the purposes described in the

settlement agreement and this section.

(5) CLARIFICATION OF TRUST RESPONSIBILITY.—Beginning

on the date that monies are transferred to a tribe of the

Tribes or a tribe of the other Tribes pursuant to this section,

Effective date.

120 STAT. 3652 PUBLIC LAW 109–479—JAN. 12, 2007

any trust responsibility or liability of the United States with

respect to the expenditure or investment of the monies withdrawn shall cease.

(d) STATE OF WASHINGTON PAYMENT.—The Secretary shall not

be accountable for nor incur any liability for the collection, deposit,

management or nonpayment of the State of Washington payment

of $11,000,000 to the Tribes pursuant to the settlement agreement.

(e) RELEASE OF OTHER TRIBES CLAIMS.— (1) RIGHT TO BRING ACTIONS.—As of the date of enactment

of this section, all right of any other Tribes to bring an action

to enforce or exercise its treaty rights to take shellfish from

public and private tidelands in Washington State, including

from some lands owned, leased, or otherwise subject to harvest

by any and all growers shall be determined in accordance

with the decisions of the Courts of the United States in United

States v. Washington, Civ. No. 9213 (Western District of Washington).

(2) CERTAIN RIGHTS GOVERNED BY THIS SECTION.—If a tribe

falling within the other Tribes category opts to resolve its

claims to take shellfish from covered tidelands owned or leased

by the growers pursuant to subsection (c)(2)(C) of this section,

that tribe’s rights shall be governed by this section, as well

as by the decisions of the Courts in United States v. Washington, Civ. No. 9213.

(3) NO BREACH OF TRUST.—Notwithstanding whether the

United States has a duty to initiate such an action, the failure

or declination by the United States to initiate any action to

enforce any other Tribe’s or other Tribes’ treaty rights to take

shellfish from public and private tidelands in Washington State,

including from covered tidelands owned, leased, or otherwise

subject to harvest by any and all growers shall not constitute

a breach of trust by the United States or be compensable

to other Tribes.

(f) CAUSE OF ACTION.—If any payment by the United States

is not paid in the amount or manner specified by this section,

or is not paid within 6 months after the date specified by the

settlement agreement, such failure shall give rise to a cause of

action by the Tribes either individually or collectively against the

United States for money damages for the amount authorized but

not paid to the Tribes, and the Tribes, either individually or collectively, are authorized to bring an action against the United States

in the United States Court of Federal Claims for such funds plus

interest.

(g) DEFINITIONS.—In this section:

(1) FUND.—The term ‘‘Fund’’ means the Puget Sound Shellfish Settlement Trust Fund Account established by this section.

(2) GROWERS.—The term ‘‘growers’’ means Taylor United,

Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm;

Cedric E. Lindsay; Minterbrook Oyster Company; Charles and

Willa Murray; Skookum Bay Oyster Company; J & G Gunstone

Clams, Inc.; and all persons who qualify as ‘‘growers’’ in accordance with and pursuant to the settlement agreement.

(3) OTHER TRIBES.—The term ‘‘other Tribes’’ means any

federally recognized Indian nation or tribe other than the Tribes

described in paragraph (6) that, within 20 years after the

deposit of funds in the Special Holding Account, establishes

a legally enforceable treaty right to take shellfish from covered

Deadline.

Effective date.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3653

tidelands described in the settlement agreement, owned, leased

or otherwise subject to harvest by those persons or entities

that qualify as growers.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) SETTLEMENT AGREEMENT.—The term ‘‘settlement agreement’’ means the settlement agreement entered into by and

between the Tribes, commercial shellfish growers, the State

of Washington and the United States, to resolve certain disputes between and among them regarding implementation of

the Tribes’ treaty right to take shellfish from certain covered

tidelands owned, leased or otherwise subject to harvest by

the growers.

(6) TRIBES.—The term ‘‘Tribes’’ means the following federally recognized Tribes that executed the settlement agreement:

Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, Squaxin

Island, Makah, Muckleshoot, Upper Skagit, Nooksack,

Nisqually, Skokomish, Port Gamble S’Klallam, Lower Elwha

Klallam, Jamestown S’Klallam, and Suquamish Tribes, the

Lummi Nation, and the Swinomish Indian Tribal Community.

(7) SPECIAL HOLDING ACCOUNT.—The term ‘‘Special Holding

Account’’ means the Puget Sound Shellfish Settlement Special

Holding Account established by this section.

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $23,500,000 to carry out this section—

(A) $2,000,000 for fiscal year 2007;

(B) $5,000,000 for each of fiscal years 2008 through

2010; and

(C) $6,500,000 for fiscal year 2011.

TITLE VIII—TSUNAMI WARNING AND

EDUCATION

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Tsunami Warning and Education

Act’’.

SEC. 802. DEFINITIONS.

In this title:

(1) The term ‘‘Administration’’ means the National Oceanic

and Atmospheric Administration.

(2) The term ‘‘Administrator’’ means the Administrator of

the National Oceanic and Atmospheric Administration.

SEC. 803. PURPOSES.

The purposes of this title are—

(1) to improve tsunami detection, forecasting, warnings,

notification, outreach, and mitigation to protect life and property in the United States;

(2) to enhance and modernize the existing Pacific Tsunami

Warning System to increase coverage, reduce false alarms,

and increase the accuracy of forecasts and warnings, and to

expand detection and warning systems to include other vulnerable States and United States territories, including the Atlantic

Ocean, Caribbean Sea, and Gulf of Mexico areas;

33 USC 3202.

33 USC 3201.

33 USC 3201

note.

Tsunami

Warning and

Education Act.

120 STAT. 3654 PUBLIC LAW 109–479—JAN. 12, 2007

(3) to improve mapping, modeling, research, and assessment efforts to improve tsunami detection, forecasting,

warnings, notification, outreach, mitigation, response, and

recovery;

(4) to improve and increase education and outreach activities and ensure that those receiving tsunami warnings and

the at-risk public know what to do when a tsunami is

approaching;

(5) to provide technical and other assistance to speed international efforts to establish regional tsunami warning systems

in vulnerable areas worldwide, including the Indian Ocean;

and

(6) to improve Federal, State, and international coordination for detection, warnings, and outreach for tsunami and

other coastal impacts.

SEC. 804. TSUNAMI FORECASTING AND WARNING PROGRAM.

(a) IN GENERAL.—The Administrator, through the National

Weather Service and in consultation with other relevant Administration offices, shall operate a program to provide tsunami detection,

forecasting, and warnings for the Pacific and Arctic Ocean regions

and for the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico

region.

(b) COMPONENTS.—The program under this section shall—

(1) include the tsunami warning centers established under

subsection (d);

(2) utilize and maintain an array of robust tsunami detection technologies;

(3) maintain detection equipment in operational condition

to fulfill the detection, forecasting, and warning requirements

of this title;

(4) provide tsunami forecasting capability based on models

and measurements, including tsunami inundation models and

maps for use in increasing the preparedness of communities,

including through the TsunamiReady program;

(5) maintain data quality and management systems to

support the requirements of the program;

(6) include a cooperative effort among the Administration,

the United States Geological Survey, and the National Science

Foundation under which the Geological Survey and the

National Science Foundation shall provide rapid and reliable

seismic information to the Administration from international

and domestic seismic networks;

(7) provide a capability for the dissemination of warnings

to at-risk States and tsunami communities through rapid and

reliable notification to government officials and the public,

including utilization of and coordination with existing Federal

warning systems, including the National Oceanic and

Atmospheric Administration Weather Radio All Hazards Program;

(8) allow, as practicable, for integration of tsunami detection technologies with other environmental observing technologies; and

(9) include any technology the Administrator considers

appropriate to fulfill the objectives of the program under this

section.

33 USC 3203.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3655

(c) SYSTEM AREAS.—The program under this section shall

operate—

(1) a Pacific tsunami warning system capable of forecasting

tsunami anywhere in the Pacific and Arctic Ocean regions

and providing adequate warnings; and

(2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico

tsunami warning system capable of forecasting tsunami and

providing adequate warnings in areas of the Atlantic Ocean,

Caribbean Sea, and Gulf of Mexico that are determined—

(A) to be geologically active, or to have significant

potential for geological activity; and

(B) to pose significant risks of tsunami for States along

the coastal areas of the Atlantic Ocean, Caribbean Sea,

or Gulf of Mexico.

(d) TSUNAMI WARNING CENTERS.— (1) IN GENERAL.—The Administrator, through the National

Weather Service, shall maintain or establish—

(A) a Pacific Tsunami Warning Center in Hawaii;

(B) a West Coast and Alaska Tsunami Warning Center

in Alaska; and

(C) any additional forecast and warning centers determined by the National Weather Service to be necessary.

(2) RESPONSIBILITIES.—The responsibilities of each tsunami

warning center shall include—

(A) continuously monitoring data from seismological,

deep ocean, and tidal monitoring stations;

(B) evaluating earthquakes that have the potential

to generate tsunami;

(C) evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunami resulting from

earthquakes and other sources;

(D) disseminating forecasts and tsunami warning bulletins to Federal, State, and local government officials and

the public;

(E) coordinating with the tsunami hazard mitigation

program described in section 805 to ensure ongoing sharing

of information between forecasters and emergency management officials; and

(F) making data gathered under this title and postwarning analyses conducted by the National Weather

Service or other relevant Administration offices available

to researchers.

(e) TRANSFER OF TECHNOLOGY; MAINTENANCE AND UPGRADES.—

(1) IN GENERAL.—In carrying out this section, the National

Weather Service, in consultation with other relevant Administration offices, shall—

(A) develop requirements for the equipment used to

forecast tsunami, which shall include provisions for multipurpose detection platforms, reliability and performance

metrics, and to the maximum extent practicable how the

equipment will be integrated with other United States

and global ocean and coastal observation systems, the

global earth observing system of systems, global seismic

networks, and the Advanced National Seismic System;

(B) develop and execute a plan for the transfer of

technology from ongoing research described in section 806

into the program under this section; and

Establishment.

120 STAT. 3656 PUBLIC LAW 109–479—JAN. 12, 2007

(C) ensure that maintaining operational tsunami detection equipment is the highest priority within the program

carried out under this title.

(2) REPORT TO CONGRESS.— (A) Not later than 1 year after the date of enactment

of this Act, the National Weather Service, in consultation

with other relevant Administration offices, shall transmit

to Congress a report on how the tsunami forecast system

under this section will be integrated with other United

States and global ocean and coastal observation systems,

the global earth observing system of systems, global seismic

networks, and the Advanced National Seismic System.

(B) Not later than 3 years after the date of enactment

of this Act, the National Weather Service, in consultation

with other relevant Administration offices, shall transmit

a report to Congress on how technology developed under

section 806 is being transferred into the program under

this section.

(f) FEDERAL COOPERATION.—When deploying and maintaining

tsunami detection technologies, the Administrator shall seek the

assistance and assets of other appropriate Federal agencies.

(g) ANNUAL EQUIPMENT CERTIFICATION.—At the same time Congress receives the budget justification documents in support of

the President’s annual budget request for each fiscal year, the

Administrator shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Science of the House of Representatives a certification that—

(1) identifies the tsunami detection equipment deployed

pursuant to this title, as of December 31 of the preceding

calendar year;

(2) certifies which equipment is operational as of December

31 of the preceding calendar year;

(3) in the case of any piece of such equipment that is

not operational as of such date, identifies that equipment and

describes the mitigation strategy that is in place—

(A) to repair or replace that piece of equipment within

a reasonable period of time; or

(B) to otherwise ensure adequate tsunami detection

coverage;

(4) identifies any equipment that is being developed or

constructed to carry out this title but which has not yet been

deployed, if the Administration has entered into a contract

for that equipment prior to December 31 of the preceding

calendar year, and provides a schedule for the deployment

of that equipment; and

(5) certifies that the Administrator expects the equipment

described in paragraph (4) to meet the requirements, cost,

and schedule provided in that contract.

(h) CONGRESSIONAL NOTIFICATIONS.—The Administrator shall

notify the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Science of the House of Representatives within 30 days of—

(1) impaired regional forecasting capabilities due to equipment or system failures; and

(2) significant contractor failures or delays in completing

work associated with the tsunami forecasting and warning

system.

Deadline.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3657

(i) REPORT.—Not later than January 31, 2010, the Comptroller

General of the United States shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Science of the House of Representatives

that—

(1) evaluates the current status of the tsunami detection,

forecasting, and warning system and the tsunami hazard mitigation program established under this title, including progress

toward tsunami inundation mapping of all coastal areas vulnerable to tsunami and whether there has been any degradation

of services as a result of the expansion of the program;

(2) evaluates the National Weather Service’s ability to

achieve continued improvements in the delivery of tsunami

detection, forecasting, and warning services by assessing policies and plans for the evolution of modernization systems,

models, and computational abilities (including the adoption of

new technologies); and

(3) lists the contributions of funding or other resources

to the program by other Federal agencies, particularly agencies

participating in the program.

(j) EXTERNAL REVIEW.—The Administrator shall enter into an

arrangement with the National Academy of Sciences to review

the tsunami detection, forecast, and warning program established

under this title to assess further modernization and coverage needs,

as well as long-term operational reliability issues, taking into

account measures implemented under this title. The review shall

also include an assessment of how well the forecast equipment

has been integrated into other United States and global ocean

and coastal observation systems and the global earth observing

system of systems. Not later than 2 years after the date of enactment of this Act, the Administrator shall transmit a report containing the National Academy of Sciences’ recommendations, the

Administrator’s responses to the recommendations, including those

where the Administrator disagrees with the Academy, a timetable

to implement the accepted recommendations, and the cost of implementing all the Academy’s recommendations, to the Committee

on Commerce, Science, and Transportation of the Senate and the

Committee on Science of the House of Representatives.

(k) REPORT.—Not later than 3 months after the date of enactment of this Act, the Administrator shall establish a process for

monitoring and certifying contractor performance in carrying out

the requirements of any contract to construct or deploy tsunami

detection equipment, including procedures and penalties to be

imposed in cases of significant contractor failure or negligence.

SEC. 805. NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM.

(a) IN GENERAL.—The Administrator, through the National

Weather Service and in consultation with other relevant Administration offices, shall conduct a community-based tsunami hazard

mitigation program to improve tsunami preparedness of at-risk

areas in the United States and its territories.

(b) COORDINATING COMMITTEE.—In conducting the program

under this section, the Administrator shall establish a coordinating

committee comprising representatives of Federal, State, local, and

tribal government officials. The Administrator may establish subcommittees to address region-specific issues. The committee shall—

Establishment.

33 USC 3204.

Deadline.

Reports.

120 STAT. 3658 PUBLIC LAW 109–479—JAN. 12, 2007

(1) recommend how funds appropriated for carrying out

the program under this section will be allocated;

(2) ensure that areas described in section 804(c) in the

United States and its territories can have the opportunity to

participate in the program;

(3) provide recommendations to the National Weather

Service on how to improve the TsunamiReady program, particularly on ways to make communities more tsunami resilient

through the use of inundation maps and other mitigation practices; and

(4) ensure that all components of the program are

integrated with ongoing hazard warning and risk management

activities, emergency response plans, and mitigation programs

in affected areas, including integrating information to assist

in tsunami evacuation route planning.

(c) PROGRAM COMPONENTS.—The program under this section

shall—

(1) use inundation models that meet a standard of accuracy

defined by the Administration to improve the quality and extent

of inundation mapping, including assessment of vulnerable

inner coastal and nearshore areas, in a coordinated and

standardized fashion to maximize resources and the utility

of data collected;

(2) promote and improve community outreach and education networks and programs to ensure community readiness,

including the development of comprehensive coastal risk and

vulnerability assessment training and decision support tools,

implementation of technical training and public education programs, and providing for certification of prepared communities;

(3) integrate tsunami preparedness and mitigation programs into ongoing hazard warning and risk management

activities, emergency response plans, and mitigation programs

in affected areas, including integrating information to assist

in tsunami evacuation route planning;

(4) promote the adoption of tsunami warning and mitigation measures by Federal, State, tribal, and local governments

and nongovernmental entities, including educational programs

to discourage development in high-risk areas; and

(5) provide for periodic external review of the program.

(d) SAVINGS CLAUSE.—Nothing in this section shall be construed

to require a change in the chair of any existing tsunami hazard

mitigation program subcommittee.

SEC. 806. TSUNAMI RESEARCH PROGRAM.

The Administrator shall, in consultation with other agencies

and academic institutions, and with the coordinating committee

established under section 805(b), establish or maintain a tsunami

research program to develop detection, forecast, communication,

and mitigation science and technology, including advanced sensing

techniques, information and communication technology, data collection, analysis, and assessment for tsunami tracking and numerical

forecast modeling. Such research program shall—

(1) consider other appropriate research to mitigate the

impact of tsunami;

(2) coordinate with the National Weather Service on technology to be transferred to operations;

33 USC 3205.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3659

(3) include social science research to develop and assess

community warning, education, and evacuation materials; and

(4) ensure that research and findings are available to the

scientific community.

SEC. 807. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.

(a) INTERNATIONAL TSUNAMI WARNING SYSTEM.—The Administrator, through the National Weather Service and in consultation

with other relevant Administration offices, in coordination with

other members of the United States Interagency Committee of

the National Tsunami Hazard Mitigation Program, shall provide

technical assistance and training to the Intergovernmental Oceanographic Commission, the World Meteorological Organization, and

other international entities, as part of international efforts to

develop a fully functional global tsunami forecast and warning

system comprising regional tsunami warning networks, modeled

on the International Tsunami Warning System of the Pacific.

(b) INTERNATIONAL TSUNAMI INFORMATION CENTER.—The

Administrator, through the National Weather Service and in consultation with other relevant Administration offices, in cooperation

with the Intergovernmental Oceanographic Commission, shall

operate an International Tsunami Information Center to improve

tsunami preparedness for all Pacific Ocean nations participating

in the International Tsunami Warning System of the Pacific, and

may also provide such assistance to other nations participating

in a global tsunami warning system established through the Intergovernmental Oceanographic Commission. As part of its responsibilities around the world, the Center shall—

(1) monitor international tsunami warning activities

around the world;

(2) assist member states in establishing national warning

systems, and make information available on current technologies for tsunami warning systems;

(3) maintain a library of materials to promulgate knowledge

about tsunami in general and for use by the scientific community; and

(4) disseminate information, including educational materials and research reports.

(c) DETECTION EQUIPMENT; TECHNICAL ADVICE AND TRAINING.—

In carrying out this section, the National Weather Service—

(1) shall give priority to assisting nations in identifying

vulnerable coastal areas, creating inundation maps, obtaining

or designing real-time detection and reporting equipment, and

establishing communication and warning networks and contact

points in each vulnerable nation;

(2) may establish a process for transfer of detection and

communication technology to affected nations for the purposes

of establishing the international tsunami warning system; and

(3) shall provide technical and other assistance to support

international tsunami programs.

(d) DATA-SHARING REQUIREMENT.—The National Weather

Service, when deciding to provide assistance under this section,

may take into consideration the data sharing policies and practices

of nations proposed to receive such assistance, with a goal to encourage all nations to support full and open exchange of data.

33 USC 3206.

120 STAT. 3660 PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator

to carry out this title—

(1) $25,000,000 for fiscal year 2008, of which—

(A) not less than 27 percent of the amount appropriated

shall be for the tsunami hazard mitigation program under

section 805; and

(B) not less than 8 percent of the amount appropriated

shall be for the tsunami research program under section

806;

(2) $26,000,000 for fiscal year 2009, of which—

(A) not less than 27 percent of the amount appropriated

shall be for the tsunami hazard mitigation program under

section 805; and

(B) not less than 8 percent of the amount appropriated

shall be for the tsunami research program under section

806;

(3) $27,000,000 for fiscal year 2010, of which—

(A) not less than 27 percent of the amount appropriated

shall be for the tsunami hazard mitigation program under

section 805; and

(B) not less than 8 percent of the amount appropriated

shall be for the tsunami research program under section

806;

(4) $28,000,000 for fiscal year 2011, of which—

(A) not less than 27 percent of the amount appropriated

shall be for the tsunami hazard mitigation program under

section 805; and

(B) not less than 8 percent of the amount appropriated

shall be for the tsunami research program under section

806; and

(5) $29,000,000 for fiscal year 2012, of which—

(A) not less than 27 percent of the amount appropriated

shall be for the tsunami hazard mitigation program under

section 805; and

(B) not less than 8 percent of the amount appropriated

shall be for the tsunami research program under section

806.

TITLE IX—POLAR BEARS

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘United States-Russia Polar

Bear Conservation and Management Act of 2006’’.

SEC. 902. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF

1972.

(a) IN GENERAL.—The Marine Mammal Protection Act of 1972

(16 U.S.C. 1361 et seq.) is amended by adding at the end thereof

the following:

‘‘TITLE V—POLAR BEARS

‘‘SEC. 501. DEFINITIONS.

‘‘In this title:

16 USC 1423.

16 USC 1361

note.

United StatesRussia Polar

Bear

Conservation and

Management Act

of 2006.

33 USC 3207.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3661

‘‘(1) AGREEMENT.—The term ‘Agreement’ means the Agreement Between the Government of the United States of America

and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear

Population, signed at Washington, D.C., on October 16, 2000.

‘‘(2) ALASKA NANUUQ COMMISSION.—The term ‘Alaska

Nanuuq Commission’ means the Alaska Native entity, in existence on the date of enactment of the United States-Russia

Polar Bear Conservation and Management Act of 2006, that

represents all villages in the State of Alaska that engage in

the annual subsistence taking of polar bears from the AlaskaChukotka population and any successor entity.

‘‘(3) IMPORT.—The term ‘import’ 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, without regard to whether the landing, bringing, or

introduction constitutes an importation within the meaning

of the customs laws of the United States.

‘‘(4) POLAR BEAR PART OR PRODUCT.—The term ‘part or

product of a polar bear’ means any polar bear part or product,

including the gall bile and gall bladder.

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary

of the Interior.

‘‘(6) TAKING.—The term ‘taking’ has the meaning given

the term in the Agreement.

‘‘(7) COMMISSION.—The term ‘Commission’ means the

commission established under article 8 of the Agreement.

‘‘SEC. 502. PROHIBITIONS.

‘‘(a) IN GENERAL.—It is unlawful for any person who is subject

to the jurisdiction of the United States or any person in waters

or on lands under the jurisdiction of the United States—

‘‘(1) to take any polar bear in violation of the Agreement;

‘‘(2) to take any polar bear in violation of the Agreement

or any annual taking limit or other restriction on the taking

of polar bears that is adopted by the Commission pursuant

to the Agreement;

‘‘(3) to import, export, possess, transport, sell, receive,

acquire, or purchase, exchange, barter, or offer to sell, purchase,

exchange, or barter any polar bear, or any part or product

of a polar bear, that is taken in violation of paragraph (2);

‘‘(4) to import, export, sell, purchase, exchange, barter,

or offer to sell, purchase, exchange, or barter, any polar bear

gall bile or polar bear gall bladder;

‘‘(5) to attempt to commit, solicit another person to commit,

or cause to be committed, any offense under this subsection;

or

‘‘(6) to violate any regulation promulgated by the Secretary

to implement any of the prohibitions established in this subsection.

‘‘(b) EXCEPTIONS.—For the purpose of forensic testing or any

other law enforcement purpose, the Secretary, and Federal law

enforcement officials, and any State or local law enforcement official

authorized by the Secretary, may import a polar bear or any part

or product of a polar bear.

16 USC 1423a.

120 STAT. 3662 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘SEC. 503. ADMINISTRATION.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director

of the United States Fish and Wildlife Service, shall do all things

necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the

Agreement on behalf of the United States. The Secretary shall

consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.

‘‘(b) UTILIZATION OF OTHER GOVERNMENT RESOURCES AND

AUTHORITIES.—

‘‘(1) OTHER GOVERNMENT RESOURCES.—The Secretary may

utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency,

any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this title or the Agreement.

‘‘(2) OTHER POWERS AND AUTHORITIES.—Any person authorized by the Secretary under this subsection to enforce this

title or the Agreement shall have the authorities that are

enumerated in section 6(b) of the Lacey Act Amendments of

1981 (16 U.S.C. 3375(b)).

‘‘(c) ENSURING COMPLIANCE.—

‘‘(1) TITLE I AUTHORITIES.—The Secretary may use authorities granted under title I for enforcement, imposition of penalties, and the seizure of cargo for violations under this title,

provided that any polar bear or any part or product of a

polar bear taken, imported, exported, possessed, transported,

sold, received, acquired, purchased, exchanged, or bartered,

or offered for sale, purchase, exchange, or barter in violation

of this title, shall be subject to seizure and forfeiture to the

United States without any showing that may be required for

assessment of a civil penalty or for criminal prosecution under

this Act.

‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, trap, net, or other

equipment used, and any vessel, aircraft, or other means of

transportation used, to aid in the violation or attempted violation of this title shall be subject to seizure and forfeiture

under section 106.

‘‘(d) REGULATIONS.—

‘‘(1) IN GENERAL.—The Secretary shall promulgate such

regulations as are necessary to carry out this title and the

Agreement.

‘‘(2) ORDINANCES AND REGULATIONS.—If necessary to carry

out this title and the Agreement, and to improve compliance

with any annual taking limit or other restriction on taking

adopted by the Commission and implemented by the Secretary

in accordance with this title, the Secretary may promulgate

regulations that adopt any ordinance or regulation that restricts

the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska

Nanuuq Commission.

‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO

DELEGATE ENFORCEMENT AUTHORITY.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director

of the United States Fish and Wildlife Service, may share authority

under this title for the management of the taking of polar bears

16 USC 1423c.

16 USC 1423b.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3663

for subsistence purposes with the Alaska Nanuuq Commission if

such commission is eligible under subsection (b).

‘‘(b) DELEGATION.—To be eligible for the management authority

described in subsection (a), the Alaska Nanuuq Commission shall—

‘‘(1) enter into a cooperative agreement with the Secretary

under section 119 for the conservation of polar bears;

‘‘(2) meaningfully monitor compliance with this title and

the Agreement by Alaska Natives; and

‘‘(3) administer its co-management program for polar bears

in accordance with—

‘‘(A) this title; and

‘‘(B) the Agreement.

‘‘SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL

EXPENSES, AND CLAIMS.

‘‘(a) APPOINTMENT OF UNITED STATES COMMISSIONERS.—

‘‘(1) APPOINTMENT.—The United States commissioners on

the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after

taking into consideration the recommendations of—

‘‘(A) the Secretary;

‘‘(B) the Secretary of State; and

‘‘(C) the Alaska Nanuuq Commission.

‘‘(2) QUALIFICATIONS.—With respect to the United States

commissioners appointed under this subsection, in accordance

with paragraph 2 of article 8 of the Agreement—

‘‘(A) 1 United States commissioner shall be an official

of the Federal Government;

‘‘(B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular,

the Native people for whom polar bears are an integral

part of their culture; and

‘‘(C) both commissioners shall be knowledgeable of,

or have expertise in, polar bears.

‘‘(3) SERVICE AND TERM.—Each United States commissioner

shall serve—

‘‘(A) at the pleasure of the President; and

‘‘(B) for an initial 4-year term and such additional

terms as the President shall determine.

‘‘(4) VACANCIES.—

‘‘(A) IN GENERAL.—Any individual appointed to fill a

vacancy occurring before the expiration of any term of

office of a United States commissioner shall be appointed

for the remainder of that term.

‘‘(B) MANNER.—Any vacancy on the Commission shall

be filled in the same manner as the original appointment.

‘‘(b) ALTERNATE COMMISSIONERS.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of State and the Alaska Nanuuq Commission, shall

designate an alternate commissioner for each member of the

United States section.

‘‘(2) DUTIES.—In the absence of a United States commissioner, an alternate commissioner may exercise all functions

of the United States commissioner at any meetings of the

Commission or of the United States section.

‘‘(3) REAPPOINTMENT.—An alternate commissioner—

Native Alaskans.

President.

16 USC 1423d.

120 STAT. 3664 PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(A) shall be eligible for reappointment by the President; and

‘‘(B) may attend all meetings of the United States

section.

‘‘(c) DUTIES.—The members of the United States section may

carry out the functions and responsibilities described in article

8 of the Agreement in accordance with this title and the Agreement.

‘‘(d) COMPENSATION AND EXPENSES.—

‘‘(1) COMPENSATION.—A member of the United States section shall serve without compensation.

‘‘(2) TRAVEL EXPENSES.—A member of the United States

section shall be allowed travel expenses, including per diem

in lieu of subsistence, at rates authorized for an employee

of an agency under subchapter I of chapter 57 of title 5, United

States Code, while away from the home or regular place of

business of the member in the performance of the duties of

the United States-Russia Polar Bear Commission.

‘‘(e) AGENCY DESIGNATION.—The United States section shall,

for the purpose of title 28, United States Code, relating to claims

against the United States and tort claims procedure, be considered

to be a Federal agency.

‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE THE COMMISSION.

‘‘In accordance with paragraph 3 of article 8 of the Agreement,

the United States section, made up of commissioners appointed

by the President, shall vote on any issue before the United StatesRussia Polar Bear Commission only if there is no disagreement

between the United States commissioners regarding the vote.

‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.

‘‘(a) IN GENERAL.—The Secretary shall take all necessary

actions to implement the decisions and determinations of the

Commission under paragraph 7 of article 8 of the Agreement.

‘‘(b) TAKING LIMITATION.—Not later than 60 days after the

date on which the Secretary receives notice of the determination

of the Commission of an annual taking limit, or of the adoption

by the Commission of other restriction on the taking of polar bears

for subsistence purposes, the Secretary shall publish a notice in

the Federal Register announcing the determination or restriction.

‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.

‘‘(a) IN GENERAL.—The authority of the Secretary under this

title is in addition to, and shall not affect—

‘‘(1) the authority of the Secretary under other titles of

this Act or the Lacey Act Amendments of 1981 (16 U.S.C.

3371 et seq.) or the exemption for Alaskan natives under section

101(b) of this Act as applied to other marine mammal populations; or

‘‘(2) the authorities provided under title II of this Act.

‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.—The provisions of

titles I through IV of this Act do not apply with respect to the

implementation or administration of this title, except as specified

in section 503.

16 USC 1423g.

Deadline.

Notice.

Federal Register,

publication.

16 USC 1423f.

16 USC 1423e.

President.

PUBLIC LAW 109–479—JAN. 12, 2007 120 STAT. 3665

LEGISLATIVE HISTORY—H.R. 5946 (S. 2012):

SENATE REPORTS: No. 109–229 accompanying S. 2012 (Comm. on Commerce,

Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 27, considered and passed House.

Dec. 7, considered and passed Senate, amended.

Dec. 8, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):

Jan. 12, Presidential statement.

Æ

‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to the Secretary to carry out the functions and responsibilities

of the Secretary under this title and the Agreement $1,000,000

for each of fiscal years 2006 through 2010.

‘‘(b) COMMISSION.—There are authorized to be appropriated

to the Secretary to carry out functions and responsibilities of the

United States Section $150,000 for each of fiscal years 2006 through

2010.

‘‘(c) ALASKAN COOPERATIVE MANAGEMENT PROGRAM.—There are

authorized to be appropriated to the Secretary to carry out this

title and the Agreement in Alaska $150,000 for each of fiscal years

2006 through 2010.’’.

(b) CLERICAL AMENDMENT.—The table of contents in the first

section of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.) is amended by adding at the end the following:

‘‘TITLE V—POLAR BEARS

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Prohibitions.

‘‘Sec. 503. Administration.

‘‘Sec. 504. Cooperative management agreement; authority to delegate enforcement

authority.

‘‘Sec. 505. Commission appointments; compensation, travel expenses, and claims.

‘‘Sec. 506. Votes taken by the United States Section on matters before the Commission.

‘‘Sec. 507. Implementation of actions taken by the Commission.

‘‘Sec. 508. Application with other titles of Act.

‘‘Sec. 509. Authorization of appropriations.’’.

(c) TREATMENT OF CONTAINERS.—Section 107(d)(2) of the

Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is

amended by striking ‘‘vessel or other conveyance’’ each place it

appears and inserting ‘‘vessel, other conveyance, or container’’.

Approved January 12, 2007.

16 USC 1423h.