U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

2nd Session 

REPORT

2006

109–229 

Calendar No. 389 

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2012 

APRIL 4, 2006.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

TED STEVENS, Alaska, Chairman 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN McCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA SUTHERLAND, Staff Director 

CHRISTINE DRAGER KURTH, Deputy Staff Director 

KENNETH NAHIGIAN, Chief Counsel 

MARGARET CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL WHITEHORN, Democratic Deputy Staff Director and General Counsel 


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Calendar No. 389 

109TH CONGRESS REPORT " ! SENATE 2d Session 109–229 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT REAUTHORIZATION ACT OF 2005 

APRIL 4, 2006.—Ordered to be printed 

Mr. STEVENS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2012] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2012) to authorize appropriations to 

the Secretary of Commerce for the Magnuson-Stevens Fishery Conservation and Management Act for fiscal years 2006 through 2012, 

and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 2012 is to reauthorize the Magnuson-Stevens 

Fishery and Conservation and Management Act (16 U.S.C. 1801 et 

seq.) (Magnuson-Stevens Act). In particular, S. 2012 would amend 

the Magnuson-Stevens Act to: (1) improve the regional fishery 

management council decision-making process, including strengthening the role science plays in management decisions, (2) provide 

consistency in the environmental review process, (3) establish national criteria for quota-based programs (limited access privilege 

programs), (4) strengthen fisheries enforcement, (5) improve the 

sustainability of fishing practices, and (6) strengthen compliance 

authorities for international fisheries management. S. 2012 would 

authorize appropriations of $328 million for fiscal year (FY) 2006 

and such sums as necessary for FYs 2007 through 2012 to carry 

out the purposes of the Magnuson-Stevens Act. S. 2012 also contains provisions to combat illegal, unreported, and unregulated 

fishing and other unsustainable high seas fishing activities, and 

the bill would reauthorize and amend several other relevant fishery 


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statutes, and it contains implementing legislation for two international fisheries treaties. 

BACKGROUND AND NEEDS

The exclusive ocean jurisdiction of the United States is larger 

than its combined land mass, and the fishery resources managed 

in this vast marine environment are an important national asset. 

At the end of 2004, our nation’s commercial fisheries were valued 

at more than $31.6 billion, and saltwater recreational fishing generated an additional $30.5 billion in sales. In that year, the United 

States landed over 9.6 billion pounds of fish and shellfish. According to the United Nations Food and Agriculture Organization, 

Americans rank as the third largest consumer of seafood in the 

world. In 2004, the United States consumed 4.8 billion pounds of 

seafood, up to 16.6 pounds per person annually, and generated 

$61.9 billion in consumer expenditures. While the U.S. is one of the 

world’s largest seafood exporters ($3.7 billion in 2004), the nation 

imports over 80 percent of domestically consumed seafood. Currently, the largest offshore fishery in terms of volume landed is 

walleye pollock, with 3.4 billion pounds in 2004. By value, the leading U.S. fisheries in 2004 were: crab, at $447.9 million; shrimp, at 

$425.6 million; lobster, at $344.1 million; and scallops, at $322.1 

million. 

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

The enactment of the Fishery Conservation and Management Act 

of 1976 (P.L. 94–265) ushered in a new era of marine fishery management for the United States by establishing a national framework for conserving and managing marine fisheries within a 200- 

mile wide zone contiguous to the United States. Authority to develop and recommend management measures in specific regions 

was divided among eight regional fishery management councils 

(Councils). The 1996 Sustainable Fisheries Act (SFA) (P.L. 104–

297) substantially amended the legislation, which was renamed the 

Magnuson-Stevens Fishery Conservation and Management Act 

(Magnuson-Stevens Act), to improve conservation and management, and assist fishing communities in adapting to the ensuing 

changes. The authorization of appropriations for SFA expired in 

1999. 

The Councils established under the Magnuson-Stevens Act are 

the New England Council, Mid-Atlantic Council, South Atlantic 

Council, Caribbean Council, Gulf of Mexico Council, Pacific Council, North Pacific Council, and Western Pacific Council. Each Council is comprised of industry, recreational, governmental, and some 

non-affiliated representatives (e.g., scientists) and each has authority over the fisheries seaward of the States comprising the region 

for which it has responsibility. The voting members of each Council 

include the regional fisheries director of the National Oceanic and 

Atmospheric Administration (NOAA), the chief fishery official from 

each State, and between four and twelve individuals with fishery 

expertise. The primary responsibility of each Council is to develop 

fishery management plans (FMPs) for important fishery resources. 

Each plan must be consistent with the ten national standards established under the Magnuson-Stevens Act, including a requireVerDate Aug 31 2005 07:39 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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ment that the plan prevent overfishing. An environmental assessment or impact statement is prepared for every FMP, which is then 

subject to public hearings. 

The Secretary of Commerce (Secretary), through NOAA’s National Marine Fisheries Service (NMFS), administers the Magnuson-Stevens Act and reviews, approves (or disapproves), and implements each FMP prepared by a Council. The Secretary must report 

annually on the health of marine fisheries and identify fisheries 

that either are overfished, or approaching an overfished condition. 

For fisheries identified as either overfished, or approaching an 

overfished condition, the appropriate Council is given one year to 

develop a plan to stop overfishing and rebuild the fishery, and the 

Secretary is required to intervene if either the Council fails to act 

or a Council-prepared plan is inconsistent with the national standards. While a rebuilding plan is being formulated, the Council and 

Secretary can impose interim or emergency restrictions to reduce 

overfishing. In addition, the Secretary is responsible for the development of plans for wide-ranging Atlantic fish species like tuna 

and swordfish, also known as ‘‘highly migratory species.’’ Fisheries 

law enforcement is the joint responsibility of the Secretary and the 

Secretary of the department in which the Coast Guard is operating. 

RECOMMENDATIONS OF THE U.S. COMMISSION ON OCEAN POLICY

The U.S. Commission on Ocean Policy (U.S. Ocean Commission), 

established pursuant to the Oceans Act of 2000 (P.L. 106–256), 

submitted its final report to Congress in September 2004. This 

comprehensive evaluation of U.S. ocean policy, the first in over 30 

years, provided important recommendations for the reauthorization 

of the Magnuson-Stevens Act. While the Commission found that 

the existing Federal system for managing the nation’s fisheries provided a solid foundation, it suggested a number of improvements. 

The following major recommendations of the Commission for the 

reauthorization of the Magnuson-Stevens Act were a catalyst for 

moving the legislation forward and were incorporated in S. 2012: 

• Require the Councils to make management decisions based 

on the findings of their scientific and statistical committees 

(SSCs). 

• Require nominees to the SSCs to be individuals with strong 

technical credentials and experience, selected from Federal, 

State, or academia. 

• Require each Council to set harvest limits at or below the 

allowable biological catch determined by its SSC. 

• Develop a process for independent peer review of scientific 

information provided by the SSCs to the Councils. 

• Require all saltwater fishermen to obtain licenses to better 

assess the impacts that recreational fishing has on fisheries, 

and improve collection of data. 

• Require newly appointed Council members to complete a 

training course within six months of their appointment covering a variety of topics relevant to preparing and better understanding fishery management. 

• Affirm that fish managers can use dedicated access privileges (e.g., limited access privilege programs), including community quotas, cooperatives, and geographically based programs. 


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• Provide national guidelines for dedicated access privileges 

that allow for regional flexibility in implementation and consider the biological, social, and economic goals of the plan; provide for periodic review; include measures to prevent excessive 

share consolidation; and be adopted only after adequate public 

discussion and consultation with all affected stakeholders. 

• Take steps to reduce the overcapitalization of fisheries. 

• Expand NMFS’ use of joint enforcement agreements to implement cooperative fisheries enforcement programs with State 

agencies. 

• Move the management of fisheries towards an ecosystem 

approach, considering the health of non-commercial resources, 

and non-fishing impacts on fish stocks, such as pollution. 

• Pursue, enforce, and implement international fishing 

agreements. 

• Continue to press for inclusion of environmental objectives 

as legitimate elements of trade policy, which can play an important role in marine conservation. 

Many of these recommendations were supported by the Department of Commerce, which either began implementation or included 

them in its proposed reauthorization legislation. Even where the 

recommendations could be achieved under existing Magnuson-Stevens Act authority, such as ecosystem considerations and joint enforcement agreements, the Committee has included language in S. 

2012 to signal its support for their continued implementation. Explanations of these provisions appear below and in the section-bysection description of the bill. 

OTHER AUTHORIZATIONS

ATLANTIC STRIPED BASS CONSERVATION ACT

Congress passed the Atlantic Striped Bass Conservation Act 

(P.L. 98–613) in 1984 in response to the critical decline of Atlantic 

striped bass, an important commercial and recreational species in 

the northeast. It granted oversight authority to the Atlantic States 

Marine Fisheries Commission (ASMFC) and required the Secretary 

of Commerce to institute a moratorium on striped bass fishing in 

any State that failed to comply with the ASMFC’s plan for striped 

bass. The Atlantic Striped Bass Conservation Act has been amended several times, clarifying management and enforcement authorities and reauthorizing appropriations. Appropriations have been divided between the Secretaries of Commerce and Interior who share 

responsibility for oversight of the ASMFC’s striped bass manage- ment. S. 2012 would further reauthorize appropriations of $1 million to the Secretary of Commerce and $250,000 to the Secretary 

of the Interior for each of FYs 2006 through 2010. 


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SHARK FINNING PROHIBITION ACT

In 2000, Congress passed the Shark Finning Prohibition Act 

(P.L. 106–557) in an attempt to curtail the practice of shark finning in U.S. fisheries. Shark finning involves catching a shark, removing the fins, and discarding the carcass at sea. The Shark Finning Prohibition Act also prohibits processing or landing a shark 

fin without the corresponding carcass. It further requires the Secretary to initiate discussions and agreements with other nations to 

expand shark finning prohibition efforts in order to ensure protection for highly migratory shark species. S. 2012 would reinstate 

and extend the authorization of this Act from FYs 2006 through 

2010. 

PACIFIC SALMON TREATY ACT

In an effort to improve cooperation in the management and enhancement of transboundary Pacific salmon stocks, the U.S. and 

Canada signed the Pacific Salmon Treaty (Treaty) in 1985. The 

same year, Congress passed the Pacific Salmon Treaty Act (PSTA) 

(P.L. 99–5) to: (1) establish the U.S. delegation to the Pacific Salmon Commission as directed by the Treaty and (2) clarify matters of 

jurisdiction, enforcement, adoption of regulations, and authorization of appropriations under the Treaty. Subsequent appropriations 

have been divided between the Northern Boundary and 

Transboundary Rivers Restoration and Enhancement Fund (Northern Fund) and the Southern Boundary Restoration and Enhancement Fund (Southern Fund). S. 2012 would insert language authorizing the Northern and Southern Funds and provide guidelines 

for fund administration, and it would make a technical correction 

clarifying the proper location of previous appropriations language. 

S. 2012 also would reauthorize the PSTA from 2006 through 2009. 

STATE AUTHORITY FOR DUNGENESS CRAB FISHERY MANAGEMENT

In 1996 the SFA granted the States of California, Oregon, and 

Washington interim authority through September 30, 1999, to 

manage the Dungeness crab fishery out to the 200-mile limit of the 

exclusive economic zone (EEZ) until a Federal plan developed by 

the Pacific Council is approved by the Secretary. The SFA also required the Pacific States Marine Fisheries Commission (PSMFC) to 

submit a report to Congress detailing the ‘‘health and management’’ of the fishery. In 1997, the PSFMC recommended to Congress that the States’ interim authority be continued until Federal 

management offered better management options with no time 

limit. The PSMFC concurred in 1998 and Congress responded by 

extending the sunset clause on States’ authority through September 30, 2001, and again through September 30, 2006. In 2005, 

the Council reaffirmed its position that State management is adequate, the PSMFC role in facilitating the tri-State effort is working 

well, management measures are preventing overfishing, and that 

the status quo be retained for the time being. The PSMFC requested a ten-year extension. S. 2012 would respond by making 

two changes to this existing legislation: (1) extend the States’ interim authority through September 30, 2016 and (2) change the description of the report to be issued by the PSFMC to ‘‘status and 

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cluded in that report. Such criteria shall include descriptions of 

stock status and trends, a description of the research and reviews 

used to determine such trends, and measures being implemented 

to prevent over-exploitation of the Dungeness crab fishery. 

SUMMARY OF PROVISIONS

S. 2012 includes provisions to improve the effectiveness of the 

Magnuson-Stevens Act and strengthen fishery conservation and 

management both domestically and internationally. Some of the 

more substantive changes contained in S. 2012 include: (1) a new 

requirement for Councils to establish an annual catch limit capped 

at optimal yield (OY) for each of its managed fisheries, and to ensure any overages are deducted from the following year’s annual 

limit, (2) a provision to strengthen the process for SSCs to provide 

scientific advice to Councils, (3) the development of a environmental review process that integrates and conforms the environmental impact assessment requirements of both the Magnuson-Stevens Act and the National Environmental Policy Act (NEPA) into 

one consistent and predictable review process for fishery management, (4) national criteria for quota programs (known as ‘‘limited 

access privilege programs’’), including quota programs for fishing 

communities and RFAs, (5) a program to develop and engineer new 

technological devices to reduce bycatch and mortality associated 

with bycatch, (6) incentives for increased U.S. ownership of shoreside fishery-related infrastructure, and (7) strengthened controls on 

illegal, unreported, and unregulated fishing that also would require 

other nations to provide comparable protections to populations of 

living marine resources at risk from high seas fishing activities. 

Several provisions in S. 2012 received considerable attention and 

generated important discussion over the last year and merit additional comment below. 

OVERFISHING AND ANNUAL CATCH LIMITS

The SFA established new requirements in the Magnuson-Stevens 

Act designed to prevent overfishing and rebuild overfished or depleted fisheries. The SFA attempted to address overfishing by capping fish harvests at maximum sustainable yield (MSY) and requiring FMPs to include measures to rebuild overfished stocks. However, recent evaluations of stock status have shown that ten years 

after enactment of the SFA, overfishing is still occurring in a number of fisheries, even those fisheries under a rebuilding plan established early in the SFA implementation process. 

Establishing a scientifically-based total allowable catch (TAC) for 

each managed fishery was a unanimous recommendation from all 

of the Council chairs, a recommendation of the Managing Our Nation’s Fisheries Conference II final report, and a recommendation 

of the U.S. Ocean Commission. Requiring routine adherence to an 

annual catch limit or TAC is a well-known management approach 

that has been utilized effectively by several Councils, but failure to 

adopt this technique more broadly has contributed to continued 

overfishing. Many commercial and recreational fisheries do not use 

TACs, opting instead to use effort controls that allow catch to be 

spread out among a variety of vessel sizes and gear types. TACs, 

when coupled with sector-based management, can end the race for 


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fish and prevent impacts on communities and specific gear types 

while providing a more efficient method of adhering to mortality 

limits. Nevertheless, some regions argued that with proper accountability safeguards, effort controls could achieve the same results with less disruption to the fishery. However, the Committee 

concluded that explicit direction is needed to ensure accountability 

in all regions. After numerous meetings and discussions with the 

Councils, industry, and conservation groups, the Committee determined that, to ensure compliance with the 1996 amendments, S. 

2012 needed to require that: (1) scientifically established annual 

catch limits be set and adhered to in each managed fishery, and 

(2) any catch in excess of that limit (overages) should be deducted 

from the following year’s catch limit through appropriate management measures. 

As a result, section 104 of the bill would require each FMP to 

contain a mechanism to establish an annual catch limit at or below 

OY, which the Magnuson-Stevens Act defines as being capped at 

MSY. In addition, the section would require that any overages be 

deducted from the following year’s catch and such a deduction may 

employ the types of control measures used in that fishery, which 

could include TACs or effort controls. Section 103(b) would require 

the SSCs to provide recommendations for the Council to consider 

in establishing the annual catch limits. The Committee intends 

that these annual catch limits, taken with the existing overfishing 

and rebuilding authorities, will ensure full compliance with the 

Magnuson-Stevens Act, thereby producing better data collection on 

the abundance of the stocks and eventually providing real time 

catch figures—information that will help achieve greater accountability in fishery management. The intent of this provision is not 

only to prevent overfishing from occurring, but also to drive improvements in fishery data collection and research to develop a 

more precise assessment of the amount of fish that can be caught 

without exceeding OY. Such improvements are likely to increase 

the reliability of management measures to keep mortality within 

sustainable levels. A two-year phase-in of the annual catch limit requirement is provided to allow adequate transition time for fisheries not currently managed under catch limits and to allow for adjustments as new plans and amendments are developed by each 

Council. 

INCREASING THE ROLE OF SCIENCE IN DECISION-MAKING

The bill’s catch limit provision works in concert with a number 

of provisions in the bill that respond to calls for strengthening the 

role of science in Council decision-making. First, section 103 of the 

bill specifies that the role of the SSCs would be to provide their 

Councils with the ongoing scientific advice they require in order to 

make management decisions, including development of mortality 

limits. Such a role is intended to ensure closer integration of scientific advice into management decisions nationwide. The SSCs 

also are expected to advise the Councils on a variety of other 

issues, including stock status and health, bycatch, habitat status, 

and socio-economic impacts. The bill would require that SSC appointees be Federal, State, academic, or independent experts with 

strong scientific or technical credentials and experience, and it 

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ernment agency. Second, as noted above, section 104 of the bill 

would mandate the annual catch limit be set at or below the OY 

of the fishery, based on the best available scientific information, 

and section 103 would direct the Councils to consult with its SSCs, 

or other appropriate scientific body, in setting such catch limits. Finally, sections 201 and 204 contain provisions intended to improve 

scientific and economic data collection in both commercial and recreational fisheries, including through cooperative research. 

COUNCIL PROCESS REFORMS

The bill includes provisions based on both the Department of 

Commerce bill and expert reports that respond to calls for improving the efficiency, integrity, and expertise of the Council process. 

Section 103 of the bill would establish a Council training program 

open to both new and existing Council members designed to prepare members for complying with the legal, scientific, economic, 

and conflict of interest requirements applicable to the fishery management process. The bill also strengthens and clarifies the Magnuson-Stevens Act’s conflict of interest and recusal requirements to 

ensure that all potential financial conflicts of interest are disclosed 

and made easily accessible for public review. 

Sections 103 and 107 of the bill incorporate provisions designed 

to improve the speed and uniformity of decision-making. Section 

103 would authorize the establishment of a Coordinating Committee comprised of Council chairs, vice chairs, and executive directors as a forum to discuss issues relevant to all Councils. In addition, section 107 would direct the Secretary, with public participation and in consultation with the Council on Environmental Quality (CEQ) and the Councils, to develop one uniform, fishery management-specific environmental review process that conforms the 

National Environmental Policy Act (NEPA) review, analysis, and 

public input schedules to the timelines appropriate for fishery management decisions under the Magnuson-Stevens Act. The intent is 

not to exempt the Magnuson-Stevens Act from NEPA or any of its 

substantive environmental protections, including those in existing 

regulation, but to establish one consistent, timely, and predictable 

regulatory process for fishery management decisions. The Committee understands that it is not uncommon for Councils and 

NMFS to spend several years developing and reviewing NEPA 

analyses for FMPs. The Committee intends section 107 to streamline this environmental review process in the context of fishery 

management. 

NATIONAL GUIDELINES FOR LIMITED ACCESS PRIVILEGE PROGRAMS

Section 106 of the bill would establish national guidelines for 

limited access privilege programs (LAPPs) for the harvesting of 

fish. These include individual fishing quotas (IFQs), but are expanded to allow allocation of harvesting privileges to fishing communities and creation of voluntary regional fishery associations 

(RFAs), in order to ensure inclusion of small vessel or entry-level 

participants, communities, and affected non-harvesters, such as 

processors, in any plan to rationalize a fishery. Only fisheries that 

have been operating under a limited access system for at least one 

year would be eligible for consideration for a LAPP. As for any 

FMP, LAPPs would be developed by Councils under national criVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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teria, and subject to Secretarial approval, an approach that balances the benefits of regional flexibility with the need for a national policy. The bill would provide for a five-year administrative 

review of each program’s compliance with the goals of the program 

and the Magnuson-Stevens Act. 

The Committee incorporated criteria in S. 2012 that would allow 

Councils to balance many of the concerns fishermen, crew, communities, conservation groups, and other interests have had over the 

potential impacts of quota or rationalization programs. Many of 

these issues were highlighted in the 1999 report of the National 

Research Council, as well as in subsequent Committee hearings 

and expert reports, such as the report of the U.S. Ocean Commission. These include requirements regarding eligibility to hold 

shares, fairness in initial allocation, excessive share caps, consideration of the needs of entry-level and small-vessel fishermen, maintaining the participation of owner-operated fishing vessels, consideration of crew, prevention of consolidation, and the need to establish policies on transferability, auctions, and cost recovery. 

The bill would address concerns raised by harvesters, processors, 

crew, communities, and related businesses about impacts of harvester quota programs in a region or community, including quota 

consolidation or transfer out of the region, by allowing them to participate in RFAs. Coastal communities dependent on fishery resources crossing their docks and the associated taxes and jobs from 

related shoreside businesses, have raised concerns that quota programs reward the ‘‘actual participants’’ but ignore the community 

and next-generation fishermen who were not part of the initial allocation and could be forever priced out of the fishery. RFAs are intended to mitigate such impacts by providing a means of designation or ‘‘linking’’ harvesting LAPPs to a region or a community, 

which will ensure continued participation of harvesters, processors, 

and other community interests dependent on the fishery. Processors would be eligible to hold LAPPs to harvest fish to the same 

extent as permitted under current law, as determined in the Council allocation process. The bill also would provide communities with 

the opportunity to be issued and hold LAPP quota. 

IMPROVING FISHERIES ENFORCEMENT

In response to recommendations by both the U.S. Ocean Commission and the Department of Commerce, the bill contains provisions 

to strengthen enforcement authorities and increase penalties for 

violations, consistent with authorities provided under other legislation. In addition, the bill would authorize the establishment of joint 

enforcement agreements under which the Secretary would deputize 

and provide Federal funding for State law enforcement officials to 

carry out any of the Secretary’s marine law enforcement responsibilities, including those contained within the Magnuson-Stevens 

Act. 

IMPROVING SUSTAINABILITY OF FISHING PRACTICES

While there has been progress in reducing overfishing after enactment of the SFA, bycatch reduction remains an important goal 

of the Magnuson-Stevens Act and one that could benefit from 

greater gear engineering research and deployment. Section 117 of 

the bill would establish a bycatch reduction engineering program 


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dedicated to the development of technologies and methods to improve the ability of fishery participants to reduce bycatch and associated mortality. Such technologies should be developed in collaboration with outside experts as well as industry participants. The 

provision includes an outreach mandate to facilitate use of new 

technologies, and also encourages the adoption of bycatch reduction 

incentives in FMPs, such as bycatch quotas. 

In addition, the bill would make changes to address overcapacity 

in certain fisheries, which can also contribute to unsustainable 

practices. Federal funding for capacity reduction has declined in recent years, but voluntary capacity reduction programs can be financed by a long-term Federal loan that may be reimbursed by 

landing fees paid by those remaining in the fishery. Section 113 

would establish streamlined procedures for such voluntary capacity 

reduction programs, as agreed to by industry participants, under 

framework regulations. The bill would retain all aspects of existing 

section 312(b) regarding requirements that any vessel removed 

through the program must either be scrapped or prohibited from 

fishing; and the program ensures that no new capacity be allowed 

to re-enter the fishery. Section 209 of the bill would amend existing 

loan programs and construction accounts to assist in these transitions. 

In response to the recent series of fishery disasters around the 

country, from hurricanes Katrina and Rita to losses from harmful 

algal blooms, section 114 of the bill also would establish an authority for a multi-State or catastrophic fishery disaster program. The 

program would link disaster assistance under current section 

312(a) and the capacity reduction standards of section 312(b) with 

an economic fishery recovery plan that also would consider shoreside and coastal restoration needs. Such a plan would be developed 

in coordination with the affected States and implemented by the 

Secretary. 

ECOSYSTEM CONSIDERATIONS IN FISHERY MANAGEMENT

The U.S. Ocean Commission recommended that ecosystem considerations guide management of all marine resources, including 

fisheries. A number of the Councils have already demonstrated 

progress in implementing ecosystem approaches to fisheries management using existing Magnuson-Stevens Act authorities. In recognition of these achievements, and to clarify existing statutory authority to incorporate ecosystem considerations in FMPs, section 

105 includes a provision that would expressly authorize FMPs to 

contain management measures for the conservation of non-target 

species and habitat. This approach should involve multiple and diverse stakeholders in the decision-making process and should be 

pursued and improved through an iterative process in which Councils will learn from both successes and failures. 

Continued progress in this area will require improved scientific 

understanding of ecological processes in each fishery management 

region, as well as better coordination among State and Federal 

agencies responsible for marine resource science and management, 

academic and research institutions, fishery participants, and other 

interested and knowledgeable entities. Section 210 of the bill therefore would direct the Secretary to undertake a study based on the 

recommendations of the Ecosystem Principles Advisory Panel esVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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tablished under the SFA. The study is to report on the state of the 

science for advancing the concepts and integration of ecosystems 

considerations in regional fishery management and should provide 

a roadmap to Councils for increasing the sophistication and integration of ecosystem considerations in fishery management. 

DESIGNATION OF DEEP SEA CORALS

Scientists and managers have recently begun to gain an appreciation for the important role that deep, cold water, coral communities play in regional ecosystems. In recognition of deep sea coral 

communities’ intrinsic value, section 105 of the bill would authorize 

Councils to restrict the use of destructive gear types within known 

areas of deep sea coral habitat. This provision is meant to promote 

a proactive approach by the Councils towards the protection of deep 

sea corals that also will focus on preventing gear loss and damage. 

Section 105 of the bill would authorize discretionary measures to 

mitigate effects of certain destructive fishing practices on deep sea 

coral habitats in their FMPs, but the measures do not need to be 

linked to a determination that the corals comprise essential fish 

habitat for the relevant fishery. In addition, the language for designating deep sea corals in Section 105 would allow for the consideration of sustainable uses of fishery resources in such areas before 

restrictions on fishing and access are put in place. 

Section 211 of the bill would provide a complementary deep sea 

coral research and technology program to the coral protection provision included in Section 105. The research and technology program is meant to conduct basic research, and provide Councils with 

information on the location of deep sea coral habitat and on any 

ongoing or planned human activity that could affect such habitat. 

STRENGTHENING U.S. LEADERSHIP IN INTERNATIONAL CONSERVATION

AND MANAGEMENT

The U.S. regulatory regime for fisheries management is widely 

regarded as one of the most stringent in the world. Sections 401 

through 403 contain provisions designed to strengthen the ability 

of international fishery management organizations, and the United 

States, to ensure appropriate enforcement and compliance with 

conservation and management measures in high seas fisheries. As 

the Committee heard at a hearing in 2003, illegal, unreported, and 

unregulated (IUU) fishing, expanding fleets, and high bycatch levels, are threats to sustainable fisheries worldwide. There are few 

effective tools in place to ensure international and regional management organizations can end these practices. These trends have 

continued under existing law. 

S. 2012 would create a new section 207 of the Magnuson-Stevens 

Act that would establish an international compliance and monitoring program, and contains provisions to help reduce IUU fishing, 

promote international cooperation, and strengthen the ability of regional fishery management organizations to combat IUU fishing 

and other harmful fishing practices. The bill would direct the Secretary to define IUU fishing but, to ensure the provision covers enforcement gaps identified by the Committee, it would specify that 

the definition must include violations of quotas or other rules established under a regional or international agreement, as well as 

overfishing or use of certain damaging gear in high seas areas 


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where there is no international or regional conservation and management regime. 

In the case where regional or international fishery management 

organizations or the nation in question are unable to stop IUU fishing, the bill would allow for the use of measures authorized under 

the High Seas Driftnet Fisheries Enforcement Act (P.L. 102–582) 

to enforce compliance, but to ensure fairness puts in place procedures to end such measures on a national or vessel-specific basis 

if IUU fishing ceases. The bill would provide a parallel mechanism 

to encourage use of new bycatch reduction methods comparable to 

methods used by U.S. fishermen in high seas fisheries, for protection of certain vulnerable species of concern to the United States, 

such as endangered sea turtles. The Secretary and the Secretary 

of State are would be encouraged to provide assistance to nations 

or organizations in development and adoption of such gear and appropriate fish harvesting plans. 

The bill also contains implementing legislation for two treaties 

that have received the advice and consent of the Senate: (1) the 

Western and Central Pacific Fisheries Convention—a treaty to establish the first regional management regime for highly migratory 

species in the Central and Western Pacific, and (2) the Pacific 

Whiting Treaty, to establish an international scientific and management regime for Pacific whiting. 

FUNDING

The bill would authorize $328 million for the implementation of 

activities under the Magnuson-Stevens Act, as revised, in FY 2006, 

which is the authorization level the Department of Commerce recommended in its Magnuson-Stevens reauthorization proposal. 

Funds required for full implementation of S. 2012 are not yet 

known, and thus the bill would authorize such sums as are necessary for FYs 2007 through 2012. In FY 2005, Congress provided 

NOAA with $311 million for Magnuson-Stevens related activities, 

and many expert groups have identified the need for increased 

funds to address emerging science and management needs under 

current Magnuson-Stevens Act requirements. 

For example, the U.S. Ocean Commission estimated annual additional costs for fisheries management over existing levels at approximately $90 million. None of these amounts include estimates 

for capacity reduction, disaster funding or international measures 

included in S.2012. NMFS has estimated that capacity reduction 

needs in five major U.S. fisheries alone may total $1 billion. The 

importance of taking a realistic look at budget needs was underscored in a 2002 report by the National Academy of Public Administration, Courts, Congress, and Constituencies: Managing Fisheries by Default, which chronicled the science and management impacts of under-funding the requirements of the 1996 amendments, 

and made recommendations for budget and planning changes at 

NMFS. It also noted that correct agency budgets could not support 

a sustained ecosystem-based management system, which could require as much as $340 million more than FY 2000 levels. 

In order to address the growing need for additional funding for 

fisheries technology, science, and related information, the bill includes a provision that would establish a new Fisheries Conservation and Management Fund. This fund is intended to respond to 


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the recommendation by the U.S. Ocean Commission for dedicated 

funding for ocean-related needs, but establishes a fishery management-specific fund, patterned on the Wallop-Breaux Trust Fund 

‘‘user pays, user benefits’’ model. Section 208 would provide that allocations from the fund would be determined in consultation with 

the Councils, and would be for specific activities not funded under 

current law, including technology upgrades, cooperative research, 

gear buybacks and development, and sustainable seafood marketing and handling activities. Money to be deposited in the fund 

would include any quota set-asides designated by a Council, targeted appropriations, and donated funds. 

LEGISLATIVE HISTORY

The Magnuson-Stevens Act was last reauthorized in 1996 (Public 

Law 104–297) providing authorization of appropriations through 

FY 1999. The Committee has held numerous hearings on the reauthorization of the Magnuson-Stevens Act since its authorization expired. The provisions contained in S. 2012 reflect some of those earlier discussions. In addition, Chairman Stevens and Co-Chairman 

Inouye held several listening sessions with a variety of constituents 

during 2005 to provide Committee members and staff an informal 

forum for open dialogue on the many complex, and sometimes divisive, issues facing this process. 

On February 17, 2005, a listening session for Committee members and staff was held with the Chairmen and Executive Directors 

of all eight Councils, focusing on issues such as reconciling the 

similar requirements of NEPA and the Magnuson-Stevens Act in 

development of FMPs, and ongoing Council work on ecosystembased fishery management. A listening session held with national 

environmental groups on April 12, 2005, provided an important discussion on Council reforms, the need to end overfishing and rebuild 

stocks, and the growing problem of illegal, unreported and unregulated fishing on the high seas. On May 19, 2005, commercial fishing industry groups provided recommendations at a listening session that focused on standards for quota programs that allow for 

sustained participation of coastal communities in the fishery and 

the ability for the fishing industry to grow in the global seafood 

market. 

On August 4, 2005, the Chairman and Co-Chairman released a 

discussion draft of S. 2012 for comment. This draft was based on 

the Department of Commerce’s reauthorization proposal, listening 

sessions, and the recommendations contained in the following expert reports and documents: the Reports of the U.S. Commission on 

Ocean Policy and Pew Ocean Commission, consensus positions of 

the Council chairs, the Managing Our Fisheries II Conference Report (2004), and Sharing The Fish: Toward a National Policy on Individual Fishing Quotas (National Research Council, 1999). Numerous groups provided specific expertise for the development of 

the bill, including the Department of Commerce, the Councils, 

State fishery managers, industry (fishermen, processors, and suppliers), environmental groups, sportsmen and recreational groups, 

and members of the U.S. Commission on Ocean Policy. 

During the month of August, Committee staff met with all sectors of the fishing industry, States, conservation and other interest 

groups, concerned individuals, the Department of Commerce, and 


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Members’ staff to discuss any potential questions or issues with the 

draft bill or recommendations on its improvement. Over 700 comments were received, read, categorized, and evaluated by Committee staff for consideration by Senators Stevens and Inouye for 

inclusion in the introduced bill. 

S. 2012 was introduced in the Senate on November 15, 2005, by 

Senators Stevens and Inouye and was cosponsored at that time by 

Senators Snowe, Cantwell, Vitter, and Boxer. The bill was referred 

to the Senate Committee on Commerce, Science, and Transportation. On November 16, 2005, the Committee held a full Committee hearing on S. 2012, which received broad support from Committee members, with eleven cosponsors representing all the coastal regions of the United States. On December 15, 2005, the Committee considered the bill in an open Executive Session. Senator 

Stevens offered a substitute amendment to S. 2012 at the Executive Session, it was agreed to by voice vote without objection, and 

the Committee ordered S. 2012 reported subject to amendment. No 

other amendments were offered. 

ESTIMATED COSTS

In compliance with subsection (a)(3) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, the Committee states 

that, in its opinion, it is necessary to dispense with the requirements of paragraphs (1) and (2) of that subsection in order to expedite the business of the Senate. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2012 as reported by the Committee would authorize appropriations for the Magnuson-Stevens Fishery Conservation and Management Act. The bill would have impacts on fishery regulations in 

Federal waters. 

ECONOMIC IMPACT

The bill, as reported, provides authorization of appropriations of 

$328 million for the Secretary of Commerce for FY 2007, and such 

sums as may be necessary for FYs 2007 through 2012 to carry out 

the provisions of the Magnuson-Stevens Act. 

PRIVACY

The reported bill would have little, if any, impact on the personal 

privacy of U.S. citizens. Council members would have an increased 

financial disclosure requirement. 

PAPERWORK

The reported bill may increase paperwork requirements for the 

private sector engaged in the commercial fishing industry or recVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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reational fishing, including charter fishing business operations. 

Members of the Councils would be required to complete a member 

training course to prepare and better understand fishery management. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title and table of contents. 

This section sets forth the short title of the bill, the ‘‘MagnusonStevens Fishery Conservation and Management Reauthorization 

Act of 2005,’’ and the table of contents of the bill. 

Section 2. Amendment of Magnuson-Stevens Fishery Conservation 

and Management Act. 

This section provides that any amendments or repeals set forth 

in the bill are to the Magnuson-Stevens Fishery Conservation and 

Management Act (Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.), 

unless otherwise indicated. 

Section 3. Changes in findings and definitions. 

This section would make a number changes to the findings and 

definitions set forth in sections 2 and 3 of the Magnuson-Stevens 

Act respectively. The section also would make technical and conforming changes to reflect the use of the term ‘‘limited access privilege’’ in place of ‘‘individual fishing quota’’ in various sections of the 

Magnuson-Stevens Act, as revised by the draft. 

In addition, the section would insert a new finding in section 2(a) 

of the Magnuson-Stevens Act, acknowledging that a number of 

Councils have demonstrated progress in integrating ecosystem considerations in fisheries management under existing authorities in 

the Magnuson-Stevens Act. 

This section also would make the following changes to definitions 

in section 3 of the Magnuson-Stevens Act: 

• Defines the term ‘‘confidential information’’ to mean any information submitted to the Secretary that could cause competitive harm if disclosed. 

• Defines the term ‘‘regional fishery association’’ (RFA) as an 

association formed for mutual benefit of members for social or 

economic benefit in a region or subregion, and, is comprised of 

persons engaged in fish harvesting or processing in that region 

or subregion or who own or operate businesses substantially 

dependent on a fishery. 

• Defines the term ‘‘import’’ as it applies to fisheries products 

or goods and specifies that the definition does not apply to fish 

caught within the U.S. EEZ or by a U.S. vessel. 

• Defines the term ‘‘limited access privilege’’ as a permit 

issued for the harvesting in a limited access system authorized 

under section 107 of the bill. The definition mirrors the existing definition of individual fishing quota, but does not include 

language from that definition specifying that the quantity of 

fish involved must be expressed as a percentage of the allowable catch, which is intended to indicate that quantities may 

be expressed by volume alone. The provision specifies that 

IFQs are included in the definition but that community development quotas (CDQs) are not. 


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• Defines the term ‘‘observer information’’ to cover the broad 

range of information that may be collected by a fishery observer, electronic monitoring system, or as part of a cooperative 

research program. 

Section 4. Highly migratory species. 

This section would amend section 102 of the Magnuson-Stevens 

Act to ensure that any Council or Secretarial action pursuant to an 

international fishery agreement must reflect the traditional level of 

U.S. participation in the fishery, relative to other nations. This 

change is intended to ensure fair treatment of U.S. fishermen in 

both negotiation of international measures and in development of 

domestic management measures to achieve internationally-agreed 

conservation and management goals. It is particularly focused on 

initiating high-level international discussions in the interest of 

avoiding the imposition of management measures solely on U.S. 

vessels when foreign vessels participating in the same fishery are 

not required to meet similar requirements. Amended subsection 

102(c) would require the Secretary to promote provisions of the 

Magnuson-Stevens Act relating to the rebuilding of a stock that is, 

or is approaching, being overfished if an international fishery organization does not have a process for developing a formal plan. 

Section 5. Total allowable level of foreign fishing. 

This section contains technical amendments to section 201(d) of 

the Magnuson-Stevens Act to clarify that allocations of the total allowable level of foreign fishing (TALFF) would be discretionary and 

that any TALFF allocation would be set at zero for fisheries with 

adequate or excess capacity. This provision is intended to ensure 

that Councils not be required to declare TALFF when harvesting 

levels are below MSY in order to safeguard the stock or associated 

stocks from excessive fishing effort. 

Section 6. Western Pacific Sustainable Fisheries Fund 

This section would amend section 204(e) of the Magnuson-Stevens Act, which governs the establishment of Pacific Insular Area 

fishing agreements with foreign nations. The amendment would 

allow funds or contributions given to support a marine conservation 

plan in a Pacific insular area to be deposited in the Western Pacific 

Sustainable Fisheries Fund. Currently, the fund can only receive 

money through foreign fishing agreements that allow fishing in the 

EEZ around the Pacific remote island areas. Presently, there are 

no such foreign fishing agreements, creating a shortage of funds. 

Subsection 204(e)(8) currently mandates all fines and penalties 

imposed under the Magnuson-Stevens Act in the EEZ adjacent to 

American Samoa, Guam, and the Northern Marianna Islands, 

minus enforcement costs, to be deposited in the treasury of the relevant Pacific insular area. The amendment would remove the requirement to subtract enforcement costs from these funds and also 

require that such funds collected in the EEZ adjacent to Midway 

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

Howland, and Wake Islands be deposited in the Western Pacific 

Sustainable Fisheries Fund. 


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Section 7. Authorization of appropriations. 

This section would authorize appropriations for activities under 

the Magnuson-Stevens Act, as amended, for $328 million in FY 

2006, and such sums as necessary for FY 2007 through 2012. 

TITLE I—CONSERVATION AND MANAGEMENT

Section 101. Cumulative impacts. 

Under National Standard 8, section 301(a)(8) of the MagnusonStevens Act, management measures must take into account the importance of fishery resources to fishing communities. This section 

would amend National Standard 8 to require the evaluation to utilize the best data and methodology available. This clarifies that the 

Committee intends that the ‘‘best scientific information available’’ requirement of National Standard 2 should extend to economic and 

social information evaluated under National Standard 8. This requirement is not limited to evaluation of economic and social impacts under National Standard 8, but would apply to all such evaluations under the Magnuson-Stevens Act. The provision also would 

amend section 303(a)(9) to require the cumulative economic and social impacts of conservation and management measures be included in any fishery impact assessment submitted as part of a 

FMP. 

Section 102. Caribbean Council jurisdiction. 

This section would amend section 302(a)(1)(D) of the MagnusonStevens Act to clarify that the jurisdictional boundaries of the Caribbean Fishery Management Council include the U.S. waters surrounding all U.S. territories in the Caribbean Sea. Current law 

provides the Council jurisdiction over the fisheries seaward of the 

Virgin Islands and Puerto Rico, which are both defined under the 

Magnuson-Stevens Act as ‘‘States.’’ This provision, which was proposed by the Department of Commerce, extends the Council’s jurisdiction to the areas seaward of other territories and possessions in 

the Caribbean. This will enable the Council to address the conservation of coral reefs, reef fish, queen conch, and spiny lobsters 

in areas not presently under its jurisdiction. 

Section 103. Regional Fishery Management Councils. 

This section would make a number of changes to section 302 of 

the Magnuson-Stevens Act, which defines and authorizes the activities of the Councils. Under this broad heading, the bill includes 

provisions covering the following topics: 

TRIBAL ALTERNATE ON PACIFIC COUNCIL.—Subsection 103(a) of 

the bill amends section 302(b)(5), which establishes the voting 

membership of the Councils. The amendment would allow the tribal representative on the Pacific Council to appoint an alternate 

during the period of the representative’s term. Such an alternate 

is required to be knowledgeable concerning tribal rights and law, 

as well as the fishery resources of the geographical area concerned. 

SCIENTIFIC AND STATISTICAL COMMITTEES (SSCS).—Subsection 

103(b) of the bill amends section 302(g) to more fully set forth the 

role of the SSCs in the Council process. This subsection responds 

to recommendations to increase the role of science Council decisionmaking. The amendment adds new sections 302(g)(1)(B)-(E), and 


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reclassifies the existing text of section 302(g)(1) into subsection 

(1)(A) with modifications. 

Subsection 302(g)(1)(A), as amended, would expand the role of 

the SSCs to include responsibility for peer review of scientific and 

socio-economic information relevant to Council development and 

amendment of any FMP. 

In addition, new subsection 302(g)(1)(B) would direct each SSC 

to provide its Council with ongoing scientific advice for fishery 

management decisions. The Committee intends that the addition of 

the term ‘‘ongoing’’ will ensure that all Councils routinely utilize 

and consult with their SSCs in the development of management 

measures. Currently, some SSCs are integrally involved in the development and review of management measures, meeting concurrently or on a similar schedule as the Council. Others provide scientific information only when asked by a Council, which may be 

limited to one or two times per year. The intent of this provision 

is to ensure that each Council utilizes its SSC meaningfully 

throughout the management process. The provision also specifies 

that the types of advice to be provided by SSCs would include recommendations for acceptable biological catch or MSY, as well as reports on socio-economic impacts, stock status and health, bycatch, 

habitat status, and the sustainability of fishery practices. 

New subsection 302(g)(1)(C) would require all SSC appointees to 

be Federal, State, academic, or independent experts with strong 

scientific or technical credentials and experience. The Committee 

intends, with this requirement, to respond to the recommendations 

of the U.S. Ocean Commission that SSC members have the requisite qualifications to ensure sound scientific advice is provided to 

the Councils. 

New subsection 302(g)(1)(D) would authorize the Secretary to establish a peer review process with each Council for scientific information used by that Council. Such a process would provide the best 

scientific information available as required under National Standard 1 and be adequate to respond to recommendations by the U.S. 

Ocean Commission and other experts that Council decision-making 

be guided by scientific advice. The provision states that such peer 

review process, which may include existing committees or panels, 

shall satisfy the requirements established in the FY 2001 appropriations legislation for review of Federal scientific information. 

These requirements are often too onerous and time-consuming to 

accommodate fishery management procedures and timetables. 

New subsection 302(g)(1)(E) would authorize the Secretary to pay 

members of a SSC or advisory panel a stipend so long as they are 

not Federal or State employees. This provision is intended to help 

Councils attract, as resources provided by the Secretary allow, 

qualified experts to serve on SSCs who otherwise may not have the 

funding necessary to enable them to perform the required work. 

COUNCIL FUNCTIONS.—Subsection 103(c) of the bill would amend 

section 302(h) of the Magnuson-Stevens Act to require Councils to 

develop annual catch limits for each managed fishery after considering the recommendations of their SSC or the peer review process 

described above. The Committee has not included an absolute requirement that the Council be bound by SSC recommendations due 

to concerns that such a requirement would unduly politicize the 

SSC process and be too rigid to take into account unique cirVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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cumstances. However, the Committee expects Councils to follow the 

recommendation of the SSC or the appropriate peer review process, 

which the Magnuson-Stevens Act ensures will represent the best 

scientific information available. Section 104 of the bill sets forth 

the mechanism for ensuring this catch limit is established for the 

fishery by requiring its inclusion in each FMP or amendment. That 

provision provides further scientific accountability by ensuring that 

the catch limits do not exceed OY, which is capped in the Magnuson-Stevens Act at the maximum sustainable level. 

REGULAR AND EMERGENCY MEETINGS AND CLOSED MEETINGS.— Subsections (d) and (e) of section 103 of the bill would alter existing 

notification requirements for Council meetings by amending sections 302(i)(2)(C) and 302(i)(3)(B) of the Magnuson-Stevens Act to 

eliminate the requirement to notice meetings in newspapers, and 

allowing the Councils the flexibility to provide notice of meetings 

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. 

COUNCIL TRAINING PROGRAM.—Subsection 103(f) of the bill would 

amend section 302 of the Magnuson-Stevens Act by adding a new 

subsection (k), which would establish a Council training program. 

New section 302(k) would require the Secretary, in consultation 

with the Councils and the National Sea Grant College Program, to 

develop a training course for new Council members to provide them 

with a background in a variety of topics relevant to fishery management. Topics may include fishery science, management, conflict 

of interest requirements, economics, tribal rights and customs, and 

legal requirements. The course would be open to both new and existing Council members, and would also be available to members 

of committees or advisory panels as resources allow. The Committee believes that all participants in the Council process would 

benefit from this course, but understands there may be resource 

limitations. Nevertheless, the Committee expects that Councils will 

implement policies to ensure that new members have completed 

the training course prior to participating in Council deliberations 

on management measures. 

COUNCIL COORDINATING COMMITTEE.—Subsection 103(g) would 

amend section 302(i) of the Magnuson-Stevens Act to authorize the 

establishment of a Council Coordinating Committee comprised of 

Council Chairs, Vice Chairs, and Executive Directors as a forum to 

discuss issues relevant to all Councils. This Coordinating Committee would be subject to the same procedural and notice requirements as the Councils and advisory bodies under section 302(i) of 

the Magnuson-Stevens Act. 

CONFLICTS OF INTEREST.—Subsection 103(h) of the bill would 

amend section 302(j) of the Magnuson-Stevens Act to improve 

transparency of the process for disclosure of financial interests and 

recusal by Council members. Under current law, Council members 

are required to disclose any financial arrangements they, any family member, or organization in which the individual holds a position, may have in any harvesting, processing, or marketing activity 

undertaken within a fishery over which the Council has jurisdiction. The changes made by this subsection would ensure that financial interests associated with lobbying and advocacy must also be 

disclosed, as well as financial interests (such as contractual arVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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rangements) of the member with any other individual or organization with a financial interest in such fishery activities undertaken 

in a fishery under Council jurisdiction. In addition, the provision 

would require that all such disclosure information, which is currently publicly available at Council offices during business hours, 

also be made available over the internet. Finally, this subsection 

requires the Secretary to report to Congress annually, beginning in 

2008, on action taken to implement the requirements of section 

302(j), as amended, to ensure that the conflict of interest requirements of the Magnuson-Stevens Act are being adequately enforced 

by the Secretary and to provide further transparency. 

GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL.—Subsection 

103(i) of the bill would amend section 302(b)(2) of the MagnusonStevens Act to establish guidelines for State Governors and the 

Secretary in the nomination and selection of voting members to the 

Gulf of Mexico Council. The provision, intended to remain in force 

until the authorization of appropriations expires at the end of FY 

2012, would require the Secretary to select candidates for Council 

membership that would maintain a balance of five members from 

the commercial sector, five members from the recreational sector, 

and one other individual who is knowledgeable in the conservation 

and management of fishery resources within the Gulf of Mexico 

Council’s jurisdiction. It would further require that any slate of 

candidates submitted by a Governor to the Secretary must include 

at least one individual representing the commercial, recreational, 

and charter fishing sectors, as well as one other individual knowledgeable in the conservation and management of fisheries resources within the jurisdiction of the Gulf of Mexico Council. If the 

Secretary makes a determination that a slate of candidates does 

not meet these requirements, the amendment would solicit the 

public for nominations to the Council through a notice in the Federal Register. Finally, the amendment would specify that owners or 

operators of fish farms outside the U.S. would not qualify as representatives of the commercial fishing sector. 

REPORT AND RECOMMENDATIONS ON GULF COUNCIL AMEND- MENT.—Section 103(j) of the bill would require the Secretary to 

evaluate the success of the guidelines provided in section 103(i) in 

creating a fair and balanced representation of the commercial and 

recreational sectors on the Gulf of Mexico Council. This evaluation, 

and a report to Congress on the findings, would be required to be 

completed by August, 2011, prior to the expiration of the authorizations for the Magnuson-Stevens Act. The report should include recommendations on any changes that may be necessary to achieve 

fair representation and whether to renew the authority contained 

in section 103(i). 

Section 104. Fishery management plan requirements. 

This section would amend section 303(a) of the Magnuson-Stevens Act, which sets forth the mandatory requirements of FMPs. 

Section 104 would expand the categories of data that may be submitted, ensure that the plan describes the economic importance of 

the sectors participating in a fishery, consider the economic impacts on a sector when allocating harvest restrictions among sectors, and require that each plan include a mechanism for establishing an enforceable annual catch limit. Other amendments to 


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section 303(a) relating to cumulative impact assessments are made 

in section 101 of the bill. 

NEW INFORMATION AND ANALYSES.—Section 104(a) would amend 

section 303(a)(5) of the Magnuson-Stevens Act to include fish processors and charter fishing among the sectors of a fishery from 

which data may be collected and to include economic data among 

the types of data submitted to the Secretary in a FMP. The provision also would amend section 303(a)(13) to require an assessment 

of the relative economic importance of the commercial, recreational, 

and charter fishing sectors of the fishery and amend section 

303(a)(14) to ensure that in allocating harvest restrictions among 

sectors, the economic impact of such restrictions on each sector participating in the fishery is considered. 

ANNUAL CATCH LIMITS.—Section 104 would also create a new 

subsection 303(a)(15) to require each FMP to provide a mechanism 

for setting annual catch limits for each managed sector in the plan 

(including for a multiyear plan). Such a limit should be set at or 

below OY as based on the best scientific information available. If 

a harvest exceeds the annual catch limit, any excess would be deducted from the following year’s catch limit through management 

measures determined appropriate by the Council for the fishery, including by adjusting the following year’s management measures 

and input controls or reducing the fishing mortality rate in the following year. New subsection (15) applies this annual catch limit 

and adjustment requirement on a sector-specific basis so that harvest overages in one sector result in adjustments in the following 

year only in that sector. The Committee expects that if a sector is 

likely to exceed its annual catch limit, the Council will restrict that 

sector’s harvest to ensure the sector stays within its annual catch 

limit. 

This provision is intended to provide a transparent accounting 

mechanism to help ensure that each fishery is in compliance with 

the overfishing and rebuilding requirements of the Magnuson-Stevens Act. The 1996 amendments made by the SFA established new 

requirements to cap harvests at sustainable levels and to establish 

plans to rebuild overfished fisheries, and there has been progress 

in achieving these goals in a number of fisheries. However, a full 

10 years after passage of the SFA, recent evaluations of stock status have revealed that overfishing is still occurring in a number of 

fisheries, even those fisheries under a rebuilding plan or determined to be overfished during the early phase of SFA implementation. In many cases, this has resulted from failure of a plan to require adherence to scientifically-established mortality limits from 

one year to the next. As a result, the Committee determined that 

it needed to include a new mechanism in FMPs for ensuring compliance with the existing conservation requirements. 

Existing requirements of the Magnuson-Stevens Act.—The 

SFA established for the first time that harvests must be 

capped at scientifically-determined sustainable levels, i.e. 

below MSY. National Standard 1 of the Magnuson-Stevens Act 

(16 USC 1851(a)(1)) provides that conservation and management measures in any FMP shall ‘‘prevent overfishing, while 

achieving, on a continuing basis, the [OY] from each fishery...’’

The Magnuson-Stevens Act defines ‘‘OY’’ as the amount of fish 

that will provide the greatest overall benefit to the Nation, 


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‘‘prescribed as such on the basis of the [MSY] from the fishery, 

as reduced by any relevant economic, social, or ecological factor,’’ and in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the MSY in such 

fishery (U.S.C. 16 1802(28)). Overfishing is defined in the Act 

‘‘as a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the [MSY] on a continuing basis.’’ (16 U.S.C. 1802(29)). MSY is a theoretical concept meaning the 

amount that is ‘‘the largest long-term average catch or yield 

that can be taken from a stock or stock complex under prevailing ecological and environmental conditions’’ (50 Fed. Reg. 

§ 600.310(c)(2)(i)) . 

Section 304 of the Magnuson-Stevens Act requires preparation of 

a rebuilding plan for any overfished fishery that specifies a time 

period for ending overfishing and rebuilding the fishery. Section 

304(e)(4) requires the rebuilding time period to: (1) be as short as 

possible, taking into account the status and biology of the stock of 

fish, the needs of the fishing communities, and the interaction of 

the overfished stocks of fish within the marine ecosystem, and (2) 

not exceed 10 years, except in cases where the biology of the stock 

of fish, or other environmental conditions dictate otherwise. Congress assumed that, on average, 10 years would provide sufficient 

rebuilding time for many species, based on their life history, but in 

any particular case, the biology of the stock would govern if 10 

years was not enough time for recovery. NMFS guidelines issued 

in 1998 interpreted the Magnuson-Stevens Act to provide that 

whenever it would take longer than 10 years to rebuild an overfished species, NMFS would set a ceiling on the rebuilding duration 

that would be reached by adding the shortest possible time to rebuild plus ‘‘one mean generation time’’ based on the species’ life 

history characteristics. A ‘‘mean generation time’’ is defined by 

NMFS to be the time it will take for an average mature fish to be 

replaced by its offspring. 

Taken together, these provisions were intended to end overfishing and rebuild overfished stocks in a reasonable period of time. 

Congress envisioned some pragmatic flexibility on the timeframe 

for ending overfishing in order for the Secretary and the Councils 

to identify fisheries in which overfishing was occurring, evaluate 

the status of the stocks, and then make necessary changes in the 

FMPs to end the overfishing activity and rebuild these stocks to 

sustainable levels. However, the effects of overfishing that continues during a rebuilding period have been exacerbated when rebuilding periods have been extended based on the biology of the 

stock (as permitted by the Magnuson-Stevens Act), or ‘‘re-set’’

based on new information that increased the biomass target for the 

stock, in which case overfishing continues long after the 10 year rebuilding benchmark. 

The goal of the Magnuson-Stevens Act should be to produce MSY 

‘‘on a continuing basis’’ in order to end overfishing and rebuild fisheries within a reasonable period of time. To achieve this goal, plans 

must establish a reasonable end-date for fishing beyond sustainable levels, particularly because it is necessary to ensure that overfishing during the rebuilding period will not undermine rebuilding 

goals. In addition, as noted by the U.S. Ocean Commission, even 

where target catch levels are set in a plan at sustainable levels, 


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23 

amounts harvested over such levels in one year have not been accounted for in setting the next year’s levels, which has resulted in 

compounding problems for the stocks at issue. 

Changes to the Magnuson-Stevens Act.—S. 2012 would preserve existing law on overfishing and rebuilding, since the 

Committee believes that the basic provisions are sound. However, the bill would amend the Magnuson-Stevens Act to require establishment of a mandatory accounting mechanism in 

every FMP to keep harvests at sustainable levels. Such mechanism would assure annual harvests will be at or below OY 

(thus below MSY), based on the best scientific information 

available. While some of the best managed fisheries use TACbased management, the most direct means of controlling mortality, a Council can use any management measure deemed appropriate for the fishery (e.g., days at sea/trip limits, bag limits, escapement). However, the Council must assure that 

amounts taken over OY are deducted from the next year’s 

limit, utilizing similar measures. 

The Committee expects that TAC-managed fisheries will continue to use TACs and that fisheries managed using other effort 

controls may continue to use presently employed methods though 

some may consider moving to TAC-based management over time. 

Although some regions have avoided using TACs because they fear 

they may inspire a ‘‘race for fish,’’ experience in other regions has 

shown that sector-based TACs offer management certainty and 

community protections that can address these concerns. 

The Committee recognizes that almost every Council implements 

multi-year plans or multi-species FMPs, and believes the annual 

catch limit can be met in these types of plans. Section 104 allows 

multi-year plans to continue if they include a mechanism for establishing catch limits (and adjusting for over- or under-harvesting) 

within the years covered in the FMP. The annual catch limit process is distinct from stock status and fishing mortality rate determinations, which may take place on a two to five year cycle, although such determinations will influence the specific ‘‘catch limit’’

that is established for the year or years covered in the FMP. 

Furthermore, the Committee believes that the annual catch limit 

mechanism could apply to the overall catch limit for all species 

under a multi-species FMP. Several Councils have developed multispecies management plans for fisheries that employ a wide variety 

of gear types. For example, Pacific cod, pollock, and flatfish are 

major fisheries in the North Pacific and are targeted by multiple 

gear types (trawl, hook-and-line, pot, jig gear). Currently, NMFS 

credits both directed harvest of Pacific cod and the incidental harvest of Pacific cod against the Pacific cod annual catch limit to ensure that Pacific cod are not over harvested. When cod is open for 

directed fishing, all cod must be retained. Directed fishing for Pacific cod is closed when the amount of cod available for harvest in 

the directed fishery is caught, reserving the remainder of the annual catch limit for incidental catch in other groundfish fisheries. 

NMFS then allows vessels to retain incidental catches of Pacific cod 

(if the annual catch limit has not been reached) taken in other directed fisheries that are open, up to a maximum retainable amount 

(determined in regulations). Catch of all species, whether targeted 

or taken as bycatch, whether retained or discarded, count toward 


HMoore on PROD1PC68 with HMRPT
24 

the annual catch limits, and fisheries are closed when these limits 

are reached. 

The Committee heard numerous concerns that the science and 

data collection, including catch reporting, is not yet timely or sufficient for setting annual catch limits, particularly in a multi-species 

fishery. However, better and timelier data collection and reporting 

should result from establishing an annual catch limit before the 

fishery season begins and managing to that limit, as has been demonstrated in a number of fisheries. Furthermore, S.2012 supports 

the expanded use of catch monitoring technologies and improved 

information concerning fishing effort and stock status which should 

assist in providing the data needed to improve catch limit compliance. 

Section 105. Fishery management plan discretionary provisions. 

This section would make a number of changes to section 303(b) 

of the Magnuson-Stevens Act, which governs the discretionary provisions that may be included in a FMP. 

DEEP SEA CORAL PROTECTION ZONES.—Section 105(2) of the bill 

would add subsection 303(b)(2)(B), which would authorize Councils 

to restrict certain types of fishing in zones where deep sea corals 

have been identified by the deep sea coral research and technology 

program established in section 211 of the bill. Deep sea coral communities provide critical habitat for many species, including several that are commercially important, and may host greater biological diversity than their shallow water counterparts. They can also 

provide scientists with data on historical climate patterns and hold 

great promise as a potential source of future medicines. However, 

these communities, which may include both coral and sponge species, are extremely susceptible to damage from certain types of 

fishing gear and techniques. Such interactions are also of concern 

to industry because of economic impacts to fishermen from lost or 

damaged gear. The section is intended to permit a Council to establish closures to address these problems without requiring a prior 

identification of the area as essential fish habitat. Closures to protect deep sea coral under this section will only be initiated after 

known locations of deep sea corals have been identified, as provided in section 408. In addition, the Committee intends consideration of long-term sustainable uses to ensure the Councils can provide opportunities for the continued use in the fishery of gear that 

does not cause physical damage to deep sea coral. 

ACCESS TO RESTRICTED AREAS.—Section 105(2) would add subsection 303(b)(2)(C) to establish four criteria that must be met 

under the Magnuson-Stevens Act whenever a Council elects to 

close an area to all fishing activity. These criteria, which are consistent with the recommendations of the U.S. Ocean Commission, 

are that: (1) that such closure be based on the best available 

science, as required under National Standard 1, (2) such closure include criteria to assess the conservation benefit thereof, (3) there 

is a timetable for review of the closure’s performance, and (4) such 

closure is based on an assessment of the benefits and impacts of 

the closure in relation to other management measures. While the 

Committee expects FMPs generally will address all four criteria in 

any fishing closure, in a case where all fishing is prohibited, extra 

care should be taken to ensure each criterion is met. 


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CONSIDERATION OF INTERSTATE DIFFERENCES.—Section 105(3) 

would amend section 303(b)(5) of the Magnuson-Stevens Act to authorize a Council to consider differences within a fishery but between various States and ports, including distance to fishing 

grounds and the proximity to time and area closures, in their 

FMPs. 

LIMITED ACCESS SYSTEMS.—Section 105(4) would amend section 

303(b)(6) to clarify that, in addition to the current criteria for establishing limited access systems, a Council must also consider the 

conservation requirements of the Magnuson-Stevens Act and the 

fair and equitable distribution of access privileges. While these criteria are already contained in two of the National Standards, the 

Committee’s intent is to highlight their importance in the context 

of other listed considerations. 

ECONOMIC DATA COLLECTION.—Sections 105(5)-(7) would make 

technical changes in several subsections of 303(b) to allow for the 

collection of economic data from fish processors. 

NEPA COMPLIANCE.—The bill would create a new subsection 

303(b)(12) to allow an FMP to set forth a process for compliance 

with NEPA established pursuant to section 107 of the bill. 

ECOLOGICAL FACTORS.—The bill would create a new subsection 

303(b)(13) to allow an FMP to include management measures that 

consider a variety of ecological factors affecting fishery populations, 

including the conservation of target and non-target species. This 

provision is intended to encourage Councils to continue to include 

ecosystem considerations in FMPs. 

Section 106. Limited Access Privilege Programs. 

This section would create a new Magnuson-Stevens Act section 

303A to authorize Councils to create a Limited Access Privilege 

Program (LAPP) for the harvesting of fish within a given fishery. 

A LAPP, defined in section 3 of the bill, includes individual fishing 

quota (IFQ) programs as well as other programs in which a permit 

is issued to a specific person or authorized entity that allows harvest of a specified unit or units of the TAC of a fishery. All LAPPs 

would be subject to Secretarial approval through the FMP process 

and could only be developed for a fishery already being run under 

a limited access system. 

The bill also contains specific provisions that would authorize the 

issuance of quota to fishing communities and for the creation of regional fishery associations (RFAs). These provisions were created in 

response to the concerns of communities and shoreside businesses 

around the country over the economic harm that could result from 

consolidation of quota in IFQs and similar programs. Many of these 

concerns were reflected in hearings and expert reports, including 

the 1999 National Research Council report required under the 

SFA. While some groups argued that allocating specific shares of 

processing privileges (‘‘processor shares’’) would provide economic 

stability to communities, other groups believed that no special status should be granted to processors. The Committee chose to take 

a broader, community-based view and allow allocation of harvesting privileges to communities, and inclusion of processors and 

other shore-based businesses in RFAs with LAPP holders which 

would allow for the designation or linkage of LAPPs to a region or 

community. 


HMoore on PROD1PC68 with HMRPT
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In particular, the Committee recognizes that many small, poor 

coastal communities lack the resources to enter fisheries that may 

be subject to future LAPPs, and they have often been overlooked 

in allocation decisions. The Committee cautions the Councils not to 

use the requirements of section 106 to prevent these communities 

from being fully included in allocation of the fishery resource. 

In addition, LAPPs are not intended to be used as a mechanism 

to reduce harvests through refinement of catch quota by those who 

are not fishery participants. Total quota available for harvest is established separately under the conservation requirements of the 

Act. Therefore, this section restricts the holding, acquisition, use, 

or issuance of LAPPs only to persons who substantially participate 

in a fishery. 

The new section 303A would set forth the following provisions 

concerning LAPPs: 

NO CREATION OF RIGHT, TITLE, OR INTEREST.—The new section 

303A(b) would re-affirm existing law relating to IFQs that a LAPP 

is a permit that may be revoked or limited at any time without 

right to compensation. This permit would be considered a grant of 

permission to participate in the fishery and, as such, would not 

grant the holder any right to a fish before it was harvested. As a 

permit, the privilege could also be revoked or modified for any failure to comply with the program or if the system is found to have 

jeopardized the sustainability of the stock or the safety of fishermen. 

REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.—New section 

303A(c)(1) lists the criteria that any proposed LAPP must meet. 

These requirements specify that any LAPP must: 

(A) Assist in rebuilding an overfished fishery; 

(B) Reduce capacity in a fishery that is over capacity; 

(C) Promote fishing safety and fishery conservation and 

management; 

(D) Prohibit any person other than a U.S. citizen, corporation, partnership, or other entity established under the laws of 

the United States or a State, or resident alien that meets the 

requisite participation and eligibility requirements, from holding a harvesting privilege; 

(E) Require that processing of fish harvested under a LAPP 

be done within U.S. jurisdiction, i.e. in U.S. territory or by vessels of the United States. New section 303A(c)(2) would allow 

a waiver of this requirement for fisheries that have historically 

processed their catch outside the United States if the United 

States has a seafood safety equivalency agreement with the 

country where processing is to occur; 

(F) Specify the goals of the program; 

(G) Be subject to continual monitoring with a formal review 

of the program every 5 years which shall include any modifications needed to ensure the program meets its goals; 

(H) Include an effective system for monitoring, management, 

and enforcement, including the use of observers of electronic 

monitoring systems; 

(I) Include an appeals process for administrative review of 

Secretarial determinations; 

(J) Provide for a separate review process, established by the 

Secretary in consultation with the Department of Justice and 


HMoore on PROD1PC68 with HMRPT
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Federal Trade Commission, to determine if any acts of illegal 

collusion, anti-competition, antitrust, or price-fixing occurs 

among members of RFAs established under the program; and 

(K) Provide for the revocation of privilege held by anyone 

who violates U.S. antitrust laws. 

FISHING COMMUNITIES.—New section 303A(c)(3) would establish 

that fishing communities may be deemed eligible to receive and 

hold harvest privileges if they meet criteria developed by the relevant Council. According to new section 303A(c)(3)(A)(i), the community would have to: (1) be located within the management area 

of the relevant Council, (2) meet criteria developed by the relevant 

Council, approved by the Secretary, and published in the Federal 

Register, (3) consist of residents who conduct commercial or recreational fishing, processing, or fishery-dependent support businesses within the relevant Council’s jurisdiction, and (4) develop 

and submit a community sustainability plan to the Council and 

Secretary. This plan must address the social and economic development needs of the community, including those who have not historically had access to resources to participate in the fishery. Failure to adhere to this plan will result in the loss of any privilege. 

Participation criteria for a Council to consider are: (1) traditional 

fishing or processing practices in, and dependence on, the fishery, 

(2) the cultural and social framework of the fishing community, (3) 

economic barriers to access to the fishery, (4) the existence and severity of projected socio-economic impacts associated with a LAPP 

on participants in the fishery and related businesses, (5) the expected effectiveness, transparency and equitability of the community sustainability plan, and (6) the potential for improving economic conditions in remote coastal communities that lack the resources to participate in fishery related activities. The Committee 

intends the Councils to consider as ‘‘traditional’’ those uses that 

pre-date contemporary commercial fishing in smaller, isolated communities that can demonstrate historic dependence on combination 

fisheries or participation in the fishery during years that may not 

fall within the qualifying period for individual LAPPs. 

REGIONAL FISHERY ASSOCIATIONS.—RFAs provide for persons in 

the limited access fisheries in a specific region or subregion to 

make voluntary arrangements for their own mutual interest, and 

to promote the economic and social well-being of the region. The 

Committee intends that participation in a particular RFA will be 

limited to persons substantially participating in or substantially 

dependent on one or more fisheries subject to a LAPP within the 

RFA’s region or subregion of concern. Determinations of substantial 

participation and substantial dependence shall be established by 

the Secretary upon recommendation by the Council. In an RFA, 

quota would be allocated to the harvester but classified for use in 

a specific region in order to maintain a relative balance between 

the harvesting sector receiving the quota and the communities, 

processors, and other fishery-related businesses that have become 

dependent on the resource entering their port. Establishment of 

such RFAs would allow for mitigation of any impacts of a LAPP on 

a variety of community and fishery-related business interests, 

without allocation to individual companies of an exclusive right to 

process fish. The bill would also allow a Council to consider regional or port-specific landing requirements to maintain a relative 


HMoore on PROD1PC68 with HMRPT
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balance of the commercial industry sectors, such that fishermen, 

processors, and communities could participate in and benefit from 

the rationalized fishery. 

New section 303A(c)(4) would provide that an RFA may participate in a LAPP if it meets certain eligibility and participation criteria. To be eligible, an RFA must: (1) be located within the management area of the relevant Council, (2) meet criteria developed 

by the relevant Council, approved by the Secretary, and published 

in the Federal Register, (3) be voluntary organizations with bylaws 

and procedures and consisting of members who conduct commercial 

or recreational fishing, fish processing, or support businesses, and 

(4) develop and submit an RFA sustainability plan to the relevant 

Council and Secretary. Failure to adhere to this plan would result 

in the loss of harvest privileges. 

RFA participation criteria set by a Council must consider: (1) traditional fishing or processing practices, (2) the cultural and social 

framework relevant to the fishery, (3) economic barriers to access 

to the fishery, (4) the existence and severity of projected socio-economic impacts associated with a LAPP on participants in the fishery and its related businesses, (5) the administrative and fiduciary 

soundness of the RFA, and (6) the expected effectiveness, transparency, and equitability of the RFA’s sustainability plan. 

ALLOCATION.—New section 303A(c)(5) would require LAPPs to 

provide a fair and equitable distribution of the initial allocation of 

catch in a way that: 

(A) Considers catch history, employment, investment, dependence on the fishery, and historic participation of fishing 

communities; 

(B) Considers the basic social and cultural framework of the 

fishery, and promotes the sustained participation of small, 

owner-operated fishing vessels and communities that depend 

on the fisheries, which could include regional landing requirements; 

(C) Assists entry level and small scale members of the fishing community; 

(D) Limits the maximum share of the access privileges able 

to be held, acquired, or used by a qualified entity; and 

(E) Authorizes all those who substantially participate in the 

fishery to hold a limited access privilege. 

PROGRAM INITIATION.—New section 303A(c)(6) would provide 

that any Council may establish a LAPP in an FMP or FMP amendment on its own initiative or in response to a petition certified by 

the Secretary and signed by a group of fishermen representing a 

majority of the permit holders or allocation within a multi-species 

fishery. Section 303A(c)(6)(B) provides that for a petition initiated 

in the Gulf of Mexico region for a fishery using multi-species permits, only those fishermen who had substantially fished the species 

named in the petition would be eligible to sign. 

Subsection 303A(c)(6)(D) would specify that in the New England 

and Gulf of Mexico regions any IFQ program would also be subject 

to a final referendum in order to be approved. Approval in New 

England would require a 2/3 majority of voting permit holders and 

approval in the Gulf of Mexico would require a majority of eligible 

permit holders. Only fishermen who have fished the species in 

question will be eligible to vote in a Gulf of Mexico referendum on 


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an IFQ in a multi-species fishery. With respect to such Gulf of 

Mexico programs, the majority vote may be measured by weighting 

votes considering the quantity of fish authorized to be harvested 

under the permit (e.g., 200 pounds per day or 2,000 pounds per 

day). The Gulf of Mexico Red Snapper Fishery would be exempted 

from these requirements. The Secretary would be responsible for 

the conduct of the referendum and any referenda would not be subject to the requirements of the Paperwork Reduction Act (Chapter 

33 of 44 U.S.C.). 

TRANSFERABILITY.—New subsection 303A(c)(7) would require a 

Council to establish a policy on the transferability of privileges and 

a program to monitor such transfers that is consistent with the 

policies that the Council established during the allocation process, 

including with respect to continued participation of small vessel 

owner-operators and communities. 

PREPARATION AND IMPLEMENTATION OF SECRETARIAL PLANS.—

New subsection 303A(c)(8) would state that any FMP prepared by 

the Secretary for Atlantic highly migratory species under section 

304(g) of the Magnuson-Stevens Act would be required to meet the 

same requirements for any potential LAPPs. 

ANTITRUST SAVINGS CLAUSE.—New subsection 303A(c)(9) would 

provide a savings clause stating that nothing in the Magnuson-Stevens Act shall waive any U.S. antitrust laws as defined in the first 

section of the Clayton Act or section 5 of the Federal Trade Commission Act. 

AUCTION AND OTHER PROGRAMS.—New section 303A(d) would authorize a Council to use an auction or other system to collect royalties from the initial distribution of privilege in a LAPP if: (1) the 

system or program is conducted in a manner consistent with the 

requirements, and (2) revenues from the distribution system are 

deposited in the limited access system administration fund (established in section 305(h)(5)(b) of the Magnuson-Stevens Act). Funds 

from the limited access system administration fund would be made 

available through annual appropriations. 

COST RECOVERY.—New section 303A(e) would require a Council 

that develops a LAPP to establish a methodology for assessing the 

management, data collection and analysis, and enforcement programs, and provide for a schedule of fees to support these activities. Section 106(b) amends section 304(d)(2)(A) of the MagnusonStevens Act to establish technical amendments allowing the collection of fees for this purpose. 

LIMITED DURATION.—New section 303A(f) would authorize a 

Council to establish limits on the duration of any LAPP allocation 

and provide a mechanism for participants and new entrants to require or re-acquire allocations. 

LIMITED ACCESS PRIVILEGE ASSISTED PURCHASE PROGRAM.—New 

section 303A(g) would retain language of existing section 303(d)(4), 

which authorizes Councils to allow 25 percent of fees collected from 

a fishery to be used to aid entry-level and small boat fishermen in 

purchasing shares. Such a program would be developed under a 

Council’s standard rules and procedures and be subject to public 

comment. The Secretary would be prohibited from approving a plan 

that has not met all the other requirements for LAPPs. 

EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.—New section 303A(h) would ensure that section 303A would not require a 


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reallocation of quota share from any limited access system, including sector allocations, submitted to the Secretary and approved by 

the Council prior to the date of enactment of this bill. 

However, the LAPP provisions of S. 2012 adopt the recommendations of the U.S. Ocean Commission, and the Committee expects 

that quota programs now being developed by the Councils will incorporate these recommendations even before enactment of this legislation. The Committee recognizes that Councils must move forward on programs under development and does not intend to cause 

unwarranted delays by requiring mature plans to be re-drafted 

wholesale. But Councils should attempt to ensure plans adhere to 

the spirit of the criteria recommended by the U.S. Ocean Commission and those contained in the bill in order to improve the consistency and fairness of future programs. 

FEES.—Section 106(b) would amend section 304(d)(2)(A) of the 

Magnuson-Stevens Act to authorize the Secretary to collect fees 

from any LAPP to cover the costs of the data collection, in addition 

to fees for enforcement and management, already permitted under 

current law. 

INVESTMENT IN UNITED STATES SEAFOOD PROCESSING FACILITIES.—Section 106(c) would direct the Secretary to work with the 

Small Business Administration and other Federal Agencies to develop incentives for U.S. investment in U.S. seafood processing facilities for fisheries that lack U.S. based facilities. 

APPLICATION WITH AMERICAN FISHERIES ACT.—Subsection 106(e) 

of the bill contains a savings clause, stating that any changes in 

law contained in section 106 would not supersede the requirements 

of the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 

1851 note et alia). 

Section 107. Environmental review process. 

This section would add a new subsection 304(i) to the MagnusonStevens Act requiring the Secretary, with public participation and 

in consultation with the Council on Environmental Quality (CEQ) 

and the Councils, to develop integrated procedures for compliance 

with NEPA. These integrated procedures would then be established 

as the sole environmental impact assessment for FMPs. Such a 

procedure would have to meet a number of criteria including: (1) 

conformity to timelines for review and approval of FMPs, and (2) 

integration of the environmental analytical procedures and public 

input timelines with FMP preparation and dissemination. The Secretary would be given 12 months to propose the revised procedures, 

allow a requisite 90 days for public comment, and promulgate final 

procedures 18 months after enactment of the bill. 

Section 108. Emergency regulations. 

This section would amend section 305(c)(3)(B) of the MagnusonStevens Act to extend from 180 to 186 days the period during 

which an emergency amendment to an FMP may remain in effect. 

It also permits a potential extension period of the same length. 

These changes would allow an emergency regulation to remain in 

effect for a full year. 


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Section 109. Western Pacific Community Development 

This provision would create a new subsection 305(j), directing the 

Secretary to create a pilot program for regionally based marine 

education programs in the western Pacific. The program’s goal 

would be to increase communication, education, and training with 

regard to marine resource issues throughout the region, especially 

among indigenous Pacific islanders, native Hawaiians, and other 

underrepresented groups. Subsection 305(j)(2) specifies that the 

program is required to have six components: 

(1) marine science and technology education focused on 

preparing residents for employment in related fields; 

(2) fisheries and seafood related training programs, including observer training programs; 

(3) outreach programs and materials designed to inform 

residents about the quality and sustainability of wild caught 

fish or fish products farmed through responsible aquaculture, 

particularly in Hawaii and the western Pacific; 

(4) programs to identify methods and technologies that will 

improve data collection and quality, and increase the sustainability of fishing practices and that may be shared with other 

communities and nations in the western and central Pacific; 

(5) enhancement of science-based fishery management 

with local and traditional knowledge (including Pacific islander 

and native Hawaiian knowledge); and 

(6) development of partnerships with other western Pacific 

island agencies, academic institutions, and other entities to 

meet the purposes of the section. 

Section 110. Western Alaska Community Development Quota Program. 

This section would amend section 305(i)(1) of the Magnuson-Stevens Act to clarify that communities currently participating in the 

western Alaska community development quota programs that were 

included in NMFS regulations in effect on January 1, 2004 or were 

approved by NMFS on April 19, 1999 are authorized by statute to 

participate in the progress. 

Section 111. Secretarial action on State groundfish fishing. 

This section would add a new subsection 305(k) to the Magnuson-Stevens Act to require the Secretary to make a determination 

within 60 days of enactment as to whether fishing in State waters 

on regulated species in the New England multi-species complex 

without a New England multi-species groundfish fishery permit is 

consistent with the relevant Federal FMP. If the Secretary finds 

that such fishing activity in State waters is not consistent with the 

Federal plan, the Secretary would be directed to notify the State 

and develop measures to establish consistency with the Federal 

plan, in consultation with the New England Council. 

Section 112. Joint enforcement agreements. 

This section would add section 311(b)(1)(A)(vi) to the MagnusonStevens Act, clarifying that enforcement authority for any marine 

resource law administered by the Secretary is given jointly to the 

Secretary of Commerce and the Secretary of the department in 

which the Coast Guard is operating. This enforcement authority is 


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also broadened to allow any officer of the Secretaries to access any 

data required to be submitted under this title. The provision specifically mentions information from Global Maritime Distress and 

Safety Systems (GMDSS), vessel monitoring systems, or other similar systems. Data collected from these systems would be subject to 

all the confidentiality requirements of section 402 of the Magnuson-Stevens Act. 

This section also would add two new sections to section 311 of 

the Magnuson-Stevens Act. These provisions, designated section 

311(h) and section 311(i), would authorize the Secretary to enter 

into joint enforcement agreements (JEAs) with the States for the 

enforcement of marine resource laws. 

JOINT ENFORCEMENT AGREEMENTS.—New subsection 311(h) 

would authorize State Governors to apply to the Secretary for execution of a JEA. Such an agreement would deputize and provide 

Federal funding for State law enforcement officials to carry out any 

of the Secretary’s marine law enforcement responsibilities, including those contained within the Magnuson-Stevens Act. All coastal 

states, including those bordering the Great Lakes, are eligible to 

enter into a JEA with the Secretary. Each JEA is required to: 

• Be consistent with the purposes of section 311; 

• Contain an allocation of funds that will be distributed equitably among participating States, based on: (1) consideration of 

Federal enforcement needs, (2) State enforcement needs, and 

(3) State enforcement capacity; and 

• Provide for the confidentiality of data and information to 

States pursuant to section 402 of the Magnuson-Stevens Act. 

IMPROVED DATA SHARING.—New subsection 311(i) is designed to 

ensure that States which enter into a JEA under this section, or 

a confidentiality agreement under section 402(b)(1)(B) of the Magnuson-Stevens Act, may also gain access to data gathered by the 

Secretary from GMDSS, vessel monitoring systems, or similar systems subject to certain conditions. 

REPORT ON USING GMDSS.—Section 112(b) would also require 

NMFS and the Coast Guard to submit a report to Congress on the 

following aspects of the use of GMDSS and similar systems in 

JEAs: 

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

of using the GMDSS, vessel monitoring system, or similar system in fishery management and enforcement if the Federal 

government were to bear the primary capital investment costs. 

(2) The cumulative impact of existing system requirements 

for commercial vessels. 

(3) Whether the GMDSS requirements would overlap with 

existing requirements. 

(4) How to address data integration from such systems. 

(5) How to maximize data sharing between Federal and 

State governments while considering appropriate levels of confidentiality. 

(6) How to develop, purchase, or distribute GMDSS or similar systems to regulated vessels. 

Section 113. Transition to sustainable fisheries. 

This section makes a number of changes to section 312 of the 

Magnuson-Stevens Act. Most of the changes relate to subsections 


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312(b)-(e), which establish the fishing capacity reduction program, 

but two technical changes are made to subsection 312(a), regarding 

fisheries disaster relief. The changes to section 312(a) would include harvest restrictions to protect human health or the marine 

environment, including under other statutory authority, among the 

causes of a fishery failure that could qualify a community for disaster relief, and reauthorize the program for FY 2006 through 

2012. 

Amendments to Subsection 312(b)-(d) include technical changes 

that would: 

• Allow a majority of permit holders or individuals holding 

a majority of the allocation in a fishery to conduct a voluntary 

fishing capacity reduction program. Currently only a Council or 

State may request that the Secretary initiate such a program. 

• Include achieving stability, safety, or organizational effectiveness in the list of qualified reasons for initiating a capacity 

reduction program. 

• Require a program involving industry fee systems to demonstrate the prospect of paying off its debts rather than demonstrate certainty. 

• Require that if payment is made to a vessel owner under 

a capacity reduction program, the owner must also relinquish 

any claim to a permit associated with the vessel or the vessel 

itself, and that the vessel be either scrapped or permanently 

prohibited from use for fishing in State, Federal, or high seas 

area, or in the waters of a foreign nation. 

• Include harvester proponents of a capacity reduction program in consultations between the Secretary and the relevant 

Council. 

• Allow the Secretary to conduct a referendum on establishing an industry fee system to fund a capacity reduction program without request of the Councils. 

• Reduce the requirements for a successful referendum on an 

industry fee system to a simple majority of those voting, rather 

than a two-thirds majority. 

• Allow industry fees to be collected from the seller rather 

than only the first ex-vessel fish purchaser. 

The bill also would revise subsection 312(e) of the Magnuson-Stevens Act, which establishes requirements for implementation of a 

voluntary capacity reduction program. Revised subsections 

312(e)(1)-(2) would direct the Secretary to propose and adopt framework regulations for all capacity reduction programs and implement all such programs through the adoption and promulgation of 

program regulations. Revised subsection 312(e)(3) would establish 

a harvester proponents’ implementation plan for those capacity reduction programs funded through an industry fee system. Under 

this plan, the Secretary would not be able to propose implementing 

regulations until the harvester proponents of the plan provide a 

proposal that: (1) specifies the type and number of vessels or permits eligible to participate, taking into account various considerations, and (2) outlines procedures for program participation. Revised subsection 312(e)(4) would direct the Secretary to enter into 

a contract with each person participating in a program. Such a contract would be required to be consistent with the framework and 

implementing regulations. Revised subsections 312(e)(5)-(6) would 


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establish the procedures for reduction auctions which are to take 

place if a capacity reduction program does not involve a fair market 

assessment. 

Section 114. Regional coastal disaster assistance, transition, and recovery program. 

This section would create a new section 315 in the MagnusonStevens Act to establish a regional coastal disaster assistance, 

transition, and recovery program. This program would authorize 

the Secretary, in consultation with the relevant Governors, to provide immediate relief to the fishery sector of a region afflicted by 

a catastrophic fishery disaster. Economic assistance would be made 

available for: (1) meeting immediate shoreside infrastructure 

needs, (2) financial assistance and job training for fishermen in a 

fishery that may be temporarily closed, (3) funding for a capacity 

reduction program under section 312(b), and (4) any other activities 

authorized under the fisheries disaster assistance provisions in section 312(a) of the Magnuson-Stevens Act, or section 308(d) of the 

Interjurisdictional Fisheries Act of 1986. Any fisherman who opts 

to scrap a fishing vessel would be eligible for job training. 

New section 315(b)(4) would allow the Secretary to waive the 

State or local matching requirements of section 308(d)(3) of the 

Interjurisdictional Fisheries Act or section 312 of the MagnusonStevens Act if no such funds are available and if the benefits of full 

Federal financing outweigh the cost. However, a State would be required to meet the requirements of section 312(b), the fisheries disaster relief provision of the Magnuson-Stevens Act. New section 

315(c) would direct the Secretary to provide the Governor of each 

State participating in a program under this section with a comprehensive socio-economic evaluation of the affected fisheries to aid 

in the assessment of their future viability. New section 315(d) 

would define a catastrophic fishery disaster as a natural disaster, 

a judicial closure, or regulatory fishery closure to protect human 

health or the marine environment that: (1) results in economic loss 

to coastal or fishing communities, (2) affects more than one fishery 

managed by a State, interstate fishery commission, or pursuant to 

a Federal FMP, and (3) is determined to be a fishery failure under 

section 312(a) of the Magnuson-Stevens Act or a resource disaster 

under section 308(d) of the Interjurisdictional Fisheries Act of 

1986. 

Section 115. Fishery finance program hurricane assistance. 

This section would create a program directing the Secretary, subject to appropriations, to provide assistance to holders of fishery finance program (FFP) loans who were affected by Hurricanes 

Katrina or Rita. Any funds would be made available to loan holders 

based on their outstanding balance in order to: (1) defer principal 

payments for one year and reamortize the debt, (2) extend the term 

of the loan for one year, (3) pay the interest costs for loans during 

FY 2006-2012, and (4) provide opportunities for loan forgiveness 

subject to Secretarial approval. To be eligible for this program, loan 

holders must use monies for the new investment in, repair, or replacement of vessels, facilities, or fisheries infrastructure for use 

within the affected areas. 


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Eligibility for such assistance would be limited to holders of FFP 

loans who use the assistance to replace any damaged capital for 

use within the declared disaster area. The section would authorize 

up to $15 million for each eligible FFP loan holder for FY 2006 

through 2012. 

Section 116. Shrimp fisheries hurricane assistance program. 

This section would authorize $17,500,000 for FY 2006 through 

2011 to the Secretary in order to carry out a disaster assistance 

program in the Gulf of Mexico shrimp fishing industry. Monies 

would be allocated to States based on the percentage of the shrimp 

catch caught by their Gulf Coast fisheries and would be used for 

such purposes as marketing, seafood testing programs, development of limited access programs, bycatch reduction, capacity reduction, and individual and small business personal assistance. 

Section 117. Bycatch reduction engineering program. 

This section would create a new section 316 of the MagnusonStevens Act directing the Secretary, in cooperation with the Councils and other interests, to create a bycatch reduction engineering 

program within one year of enactment. The program would be 

tasked with developing technological devices and engineering techniques for minimizing bycatch, seabird bycatch, bycatch mortality, 

and post-release mortality. The provision requires the program to: 

(1) be regionally based, (2) coordinate with projects under the Magnuson-Stevens Act’s cooperative research and management program, (3) use information and outreach to encourage the adoption 

of new technologies, and (4) provide for consultation with Councils 

so they may incorporate new approaches to bycatch reduction in 

FMPs. 

This section would also authorize an FMP to contain various incentives to encourage the reduction of all types of bycatch. These 

incentives could include the use of bycatch quota, measures to promote the use of gear that reduces bycatch rates, post-release mortality, or other measures as determined by the best scientific information available. 

Section 118. Community-based restoration program for fishery and 

coastal habitats. 

This section would authorize the existing NMFS communitybased restoration program to implement and support the restoration of fishery and coastal habitats. The program would be authorized to—

(1) provide funding and expertise to communities in order to 

assist them with habitat restoration; 

(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 community support and volunteer participation 

in habitat restoration; 

(6) promote stewardship of fishery and coastal habitats; and 

(7) leverage resources at national, regional, and local levels. 


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Section 119. Prohibited acts. 

This section would add two items to the list of prohibited acts in 

section 307(1) of the Magnuson-Stevens Act: (1) a prohibition on 

commercial activity with respect to any fish acquired in violation 

of any foreign law or regulation, and (2) a prohibition on the use 

of any vessel that has been removed from a fishery through the 

fishing capacity reduction program described in section 312(b)(2) of 

the Magnuson-Stevens Act. These provisions are similar to language contained in the Lacey Act (16 U.S.C. 3371 et seq.), but their 

placement here would make transgressors subject to penalties 

under the Magnuson-Stevens Act as well. 

Section 120. Enforcement. 

This section would amend sections 308 through 311 of the Magnuson-Stevens Act to make a number of technical and substantive 

changes to the authority of the Secretary and the ways in which 

civil and criminal penalties are assessed, enforced, and administered under the Magnuson-Stevens Act. 

The Committee expects the Agency to exercise discretion in the 

enforcement of these provisions. This increase in civil penalties is 

needed in order to make the collections from violations more than 

the cost of doing business in particularly lucrative fisheries and to 

provide an adequate response to especially egregious violations or 

violations involving repeat offenders. The Committee feels an increase in penalties for criminal offenses and the possibility of imprisonment is particularly justified to provide adequate enforcement measures to deter egregious, large-scale and repeat violators, 

who feel monetary fines are a normal part of commercial fishing 

operations. However, the new maximums and enhanced enforcement authority should be focused on large-scale and repeat violators and are not intended for use in routine enforcement cases. 

Amendments to section 308: Civil Enforcement. Section 120(a)(1)- 

(5) would amend section 308 to: (1) raise the maximum civil penalty from $100,000 to $240,000, (2) give the Secretary authority to 

issue subpoenas for the purposes of any investigation carried out 

under the Magnuson-Stevens Act or any other marine resource law 

enforced by the Secretary, (3) make technical changes to clarify 

that transfer of ownership of a permit, such as those held in a 

LAPP, does not release it from any sanctions held against it, and 

(4) make other technical changes to include settlement of civil forfeitures in language regarding the reinstatement of permits. In addition, this section would amend section 308(a)(4) of the MagnusonStevens Act to allow the Secretary to use subpoenas in the investigation of alleged violations of the Magnuson-Stevens Act and 

other marine resource laws enforced by the Secretary. Existing law 

authorizes subpoenas for civil penalty hearings but not for the investigations of alleged violations. The Committee intends the inclusion of investigative subpoena authority to allow for more thorough 

investigations of an alleged violation prior to a decision to issue a 

notice of violation and assessment of civil monetary penalty. 

AMENDMENTS TO SECTION 309: CRIMINAL PENALTIES.—Section 

120(b) would amend Magnuson-Stevens Act sections 309(a)-(c) 

which govern criminal penalties, in order to: 

• Increase the maximum penalty for non-violent criminal violations of Magnuson-Stevens Act provisions under sections 


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307(1)(D),(E),(F),(H),(I),(L) or section 307(2) to $500,000 and 5 

years imprisonment except for corporations or other organizations, for which the maximum penalty would be $1 million. 

The Magnuson-Stevens Act currently authorizes penalties of 

$100,000 and/or six months imprisonment for violations of the 

section 307(1) provisions listed above, and fines of $200,000 

but no imprisonment for violations of section 307(2). The violations covered under this provision are generally related to enforcement actions or unlicensed fishing in State waters and are 

not changed from the current Act. 

• Remove the fine levied for aggravated criminal offenses but 

keep the penalty of up to 10 years in prison. This penalty is 

currently levied against individuals who threaten or commit a 

violent offense against observers and enforcement officers. The 

amendment would also extend the coverage to Council members or staff. 

• Criminalize knowing violations of any other provisions of 

section 307 of the Magnuson-Stevens Act and set the maximum penalty at 5 years imprisonment and/or fines as stipulated by Title 18. U.S.C. This change would bring the Magnuson-Stevens Act into parity with other environmental management statutes such as the Clean Water Act. 

• Establish that legal actions related to the Magnuson-Stevens Act fall under the jurisdiction of the U.S. district courts 

and that each violation of Magnuson-Stevens Act provisions 

shall be considered a separate offense. 

AMENDMENTS TO SECTION 310: CIVIL FORFEITURES.—Section 

120(c) would make technical changes to section 310(a) of the Magnuson-Stevens Act in order to clarify that vessel forfeiture will not 

be imposed as a penalty for violations of Magnuson-Stevens Act 

provisions in cases where a citation issued under section 311(a) is 

deemed sufficient. 

AMENDMENTS TO SECTION 311: ENFORCEMENT RESPONSIBILITY.—

Sections 120(d) and (e) would make technical changes to sections 

311(a) and (b) to clarify that the Secretary has the authority to enforce any marine resource law administered by the Secretary and 

to use, by agreement, the services of any other Federal, State, Territory, Commonwealth, or Tribal agency in doing so. Section 120(f) 

would make a technical change to section 311(e)(1)(b) to allow the 

Secretary to pay rewards less than $20,000 or 20 percent of the 

penalty in question for assistance in resolving a violation of the 

Magnuson-Stevens Act. Previously, rewards were to be not less 

than $20,000 or 20 percent of the penalty. 

TITLE II—INFORMATION AND RESEARCH

Section 201. Recreational fisheries information. 

This section would create a new subsection 401(g) of the Magnuson-Stevens Act that would direct the Secretary to establish a national program for the registration of marine recreational fishermen. The new registry would include all individuals who fish 

recreationally: (1) in the EEZ, (2) for anadromous species, or (3) for 

continental shelf fishery resources beyond the EEZ. New subsection 

401(g)(2) would require the Secretary to exempt any individuals or 

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istered in a State which uses that information to assist in completing marine recreational fisheries statistical surveys or for evaluating the effects of proposed conservation and management measures. 

Subsection 401(g)(3) would direct the Secretary to establish a 

program for improving the marine recreational fisheries statistical 

surveys including to the extent possible: (1) dockside interviews, (2) 

surveys to target anglers registered at the State or local level, (3) 

collection of trip data from charter fishing vessels, and (4) development of a weather corrective factor to be applied to catch estimates. 

The Secretary would report to Congress on the program’s progress 

two years after its establishment. Improved fishing data collection 

is imperative to the successful implementation of section 104(7) of 

the Magnuson-Stevens Act. Additionally, this will help ensure that 

all fish caught under a recreational permit are accurately accounted for under that recreational sector’s allocation. 

Section 202. Collection of information. 

This section would amend section 402(a) of the Magnuson-Stevens Act to allow Councils to request that the Secretary gather economic data regarding fish or fish processing operations. It would 

also authorize the Secretary to initiate an additional information 

collection program if it is deemed necessary. 

Section 203. Access to certain information. 

This section would make technical changes to section 402(b), 

which governs the handling of confidential information pursuant to 

the Magnuson-Stevens Act. An amendment to section 402(b)(1) 

would clarify that confidential information, as defined in this bill, 

would be kept confidential and be exempt from disclosure under 

the Freedom of Information Act, except to various parties or under 

certain circumstances. These exemptions include: (1) Federal or 

Council employees responsible for fishery management, (2) State or 

Marine Fishery Commission employees, subject to a confidentiality 

agreement prohibiting public disclosure of information, (3) State 

employees charged with fishery management in a State party to a 

JEA, (4) use to verify catch in a LAPP, subject to a confidentiality 

agreement prohibiting public disclosure of information, (5) with 

written authorization from the appropriate parties, (6) use in Secretarial determinations in a LAPP, and (7) use in support of homeland security activities. 

This section would also make requisite technical changes and 

inset a new section 402(b)(2) to govern the confidentiality of observer information. This information would be deemed confidential, 

with the exceptions described above and three additional exceptions: (1) for the North Pacific Council to allow disclosure of bycatch information, (2) when the information is necessary to adjudicate observer certifications, and (3) for the training and assessment of observers. 

Section 204. Cooperative research and management program. 

This section would create a new section 317 of the MagnusonStevens Act. This new section would establish a cooperative research and management program to fund partnerships between 

Federal and State entities in research and management activities 


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that are consistent with the goals of the Magnuson-Stevens Act. 

The program would be implemented on a regional basis and be developed and conducted through partnerships among Federal and 

State managers and scientists, commercial and recreational fishing 

industry participants, and educational institutions. 

Project eligibility would be based on a determination of critical 

need by the Councils, made in consultation with the Secretary. 

Funding would be awarded on a competitive basis and based on regional needs with priority given to projects designed to: (1) collect 

data to improve stock assessments, (2) assess bycatch or post release mortality, (3) reduce bycatch or post release mortality, (4) 

identify or conserve habitat areas of particular concern, and (5) collect and compile socio-economic data. The Committee expects the 

Secretary to be sensitive to the research needs of each fisheries region and the expectation that each region should be treated fairly 

with respect to such allocation. 

New subsection 317(d) would direct the Secretary to establish a 

uniform, but regionally based, expedited permitting process for 

projects under this section within six months after enactment. Any 

programs funded through quota set-asides within a fishery would 

be exempt from the requirements of this section. 

Section 205. Herring study. 

This section would create a new section 318 in the MagnusonStevens Act that would authorize the Secretary to conduct a study 

on herring in the northwest Atlantic to examine its abundance, distribution, and role as a forage fish for other commercially important stocks. An interim report on the study would be due at the 

end of FY 2008, and a final report would be due within three 

months of the study’s completion. The section would authorize $2 

million for FY 2007 through 2009 to complete the study. 

Section 206. Restoration study. 

This section would create a new section 319 in the MagnusonStevens Act that would authorize the Secretary to conduct a study 

to update the scientific information and protocols needed to improve coastal habitat restoration. The section would authorize 

$500,000 for FY 2007 to complete the study. 

Section 207. Western Pacific fishery demonstration projects. 

This section would amend section 111(b) of the SFA to remove 

the Secretary of the Interior as a granting agent for western Pacific 

demonstration projects and to remove limits on the number of 

projects that may exist at a given time. This section also contains 

a technical correction to language in section 111(b)(6) of the SFA. 

Section 208. Fisheries conservation and management fund. 

This section would direct the Secretary to establish a fishery conservation and management fund that shall be available to the Secretary to disburse on a regional basis for purposes including: (1) efforts to improve fishery harvest data collection, (2) cooperative fishery research and analysis, (3) development of methods or technology to improve the quality, safety, and value of landed fish, (4) 

analysis of fishery products for health benefits and risk, (5) marketing including consumer education, and (6) financial assistance 


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to fishermen to offset the costs of modifying gear to comply with 

the Magnuson-Stevens Act. The fund may receive deposits from the 

sale of quota set aside by a Council for that purpose or from outside sources, including donations from State and local authorities 

and private or non-profit organizations. Money in the fund would 

be disbursed to the various management regions based on a consensus decision by the Councils except that no region would receive 

less than 5 percent of the Fund. 

Section 209. Use of fishery finance program and capital construction fund for sustainable purposes. 

This section would amend the Merchant Marine Act of 1936 (46 

U.S.C. App. 1274(a)(7)) to expand the eligibility for federally guaranteed loans, under the FFP. The expansion would include activities that assist in the transition to reduced fishing capacity, outlays 

for technologies, or upgrades designed to improve collection and reporting on fishery-dependent data to reduce bycatch, improve selectivity, reduce adverse impacts of fishing gear, or to increase vessel 

safety. These provisions would implement recommendations of the 

fishery financial investment task force established under the SFA. 

Subsection 209(b) would expand the purposes of the capital construction fund by authorizing termination and withdrawal from a 

fund in exchange for the retirement of the related commercial fishing vessels and commercial fishing permits. Persons could also 

withdraw money from the fund for investment in shoreside fishery 

related facilities for the purpose of promoting U.S. ownership. 

Section 210. Regional ecosystem research. 

This section would add a new subsection 406(f) to the MagnusonStevens Act. This subsection would direct the Secretary, in consultation with the Councils, to undertake a study on the state of 

the science for advancing the concepts and integration of ecosystem 

considerations in regional fishery management. The study would be 

based on the recommendations of the Ecosystem Principles Advisory Panel, established in section 406 of the Magnuson-Stevens 

Act, and would include—

(1) recommendations on data requirements for understanding ecosystem processes; 

(2) recommendations for incorporating broad stakeholder 

participation; 

(3) recommendations on how to account for the effects of environmental variation in fish stocks; and 

(4) a description of existing and developing Council efforts to 

implement ecosystem approaches. 

The study would be completed six months after enactment. 

Section 211. Deep sea coral research and technology program. 

This section would create a new section 408 in the MagnusonStevens Act to direct the Secretary to establish a deep sea coral research and technology program. This program would be developed 

in consultation with appropriate Councils and in coordination with 

other Federal agencies and education institutions. Its purpose 

would be to—

(1) identify existing research on, and known locations of, 

deep sea corals; 


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(2) locate and map deep sea corals; 

(3) monitor activity in known areas of deep sea corals; 

(4) conduct research, including cooperative research with the 

fishing industry, on deep sea corals and survey methods; 

(5) develop technologies to reduce the interaction between 

fishing gear and deep sea corals; and 

(6) prioritize program activities in areas where deep sea corals are known to occur. 

This program would benefit from the active participation of a 

wide range of knowledgeable individuals including commercial fishermen, recreational fishermen, independent scientists, government 

officials, conservationists, and other members of the public. The 

Secretary and Councils should strive to involve these individuals in 

the design and implementation of this research program. All data 

collected by the program would be transmitted to the appropriate 

Council, and the Secretary would be required to submit a biennial 

report to Congress on steps taken to identify, monitor and protect 

deep sea corals. 

Section 212. Impact of turtle excluder devices on shrimping. 

This section would direct the Undersecretary of Commerce for 

Oceans and Atmosphere to establish an agreement with the National Academy of Sciences to conduct a study on the effect of turtle 

excluder devices on the shrimping industry. This would authorize 

the same study for which funding was provided in a previous appropriations bill. 

Section 213. Hurricane effects on shrimp and oyster fisheries and 

habitats. 

This section would direct the Secretary to complete two reports 

within six months of enactment, detailing the effects of Hurricanes 

Katrina and Rita on commercial and recreational fisheries and fishery habitat in States bordering the Gulf of Mexico. Subsection 

213(c) of the bill would direct the Secretary to restore fishery habitats, including shrimp and oyster habitats, in Louisiana and Mississippi. 

TITLE III—OTHER FISHERIES STATUTES

Section 301. Amendments to Northern Pacific Halibut Act. 

This section would make technical changes and would amend 

section 8(a) of the Northern Pacific Halibut Act of 1982 (NPHA) to 

expand its Permit Sanctions and Criminal and Civil Penalties provisions as follows: (1) by raising caps on civil penalties to $200,000 

from $25,000, and (2) by allowing the Secretary to consider information on the ability of a violator to pay a penalty if such information is provided 30 days prior to the hearing. 

PERMIT SANCTIONS.—Subsection 301(b) of the bill would allow the 

Secretary, after a hearing, to deny, suspend, revoke, or impose additional conditions on any permit issued under the NPHA for the 

following transgressions: (1) use of a vessel in a prohibited act, (2) 

violation of the Magnuson-Stevens Act by a permit holder or vessel 

owner/operator, or (3) failure of a permit holder or vessel owner/operator to pay any portion of a fine or civil penalty associated with 

the violation of any marine resource law enforced by the Secretary. 


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Prior to imposing any sanctions, the Secretary must consider the 

same mitigating factors as for assessing a civil penalty, including 

the nature, circumstances, extent, and gravity of the violation, and 

the violator’s degree of culpability, past history, and any other matters justice may require. A permit sanction would remain in place, 

including through any transfer of ownership, until all fines and settlements have been paid. 

CRIMINAL PENALTIES.—Subsection 301(c) of the bill would raise 

the cap on fines associated with criminal penalties under the Magnuson-Stevens Act from $50,000 to $200,000, except in cases involving weapons or assault on an officer, in which case the fine is 

raised from $100,000 to $400,000. 

Section 302. Reauthorization of other fisheries acts. 

This section would reauthorize a number of additional fisheries 

acts including the: 

ATLANTIC STRIPED BASS CONSERVATION ACT.—$1 million is authorized to the Secretary of Commerce and $250,000 to the Secretary of the Interior for each of FY 2006 through 2010. 

YUKON RIVER SALMON ACT OF 2000.—$4 million is authorized for 

each of FY 2006 through 2010. 

SHARK FINNING PROHIBITION ACT.—Reauthorized at the same 

funding level for FY 2006 through 2010. 

PACIFIC SALMON TREATY ACT.—This provision would take language related to the 1999 Pacific Salmon Treaty Agreement between the United States and Canada, from the Commerce, Justice, 

and Science portion of the FY 2000 omnibus appropriations bill and 

transfer it to the Pacific Salmon Treaty Act (16 U.S.C. 3631 et 

seq.). This language covers the authorization and management of 

the Northern and Southern Boundary Restoration and Enhancement Funds and would reauthorize the funds for FY 2006 through 

2009. 

STATE AUTHORITY FOR DUNGENESS CRAB FISHERY MANAGE- MENT.—This provision would make technical amendments to PL 

105–384 to extend the authority of States to manage the Dungeness Crab fishery in the EEZ adjacent to State waters through 

2016. The extension would provide time for the States to consider 

long term management needs, including development of a capacity 

reduction plan. The provision also changes the State reporting requirements to a report on stock ‘‘status’’ rather than ‘‘health’’ and 

stipulates that such reports must include information on: (1) stock 

status and trends, (2) a description of the types of scientific information and processes used to determine the stock trends, and (3) 

measures implemented or planned that are designed to end overfishing in the fishery. 

TITLE IV—INTERNATIONAL

The Magnuson-Stevens Act requirements govern fishing within 

the 4.5 million square mile U.S. EEZ, as well as harvesting activities by U.S. fishermen on the high seas. However, many other 

countries do not impose the same stringent regime on their fishing 

fleets, either within their EEZs or on the high seas. Moreover, 

many fisheries are not covered by international agreements. Even 

when agreements exist, implementation is slow, and management 

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sures. The absence of effective management rules has both economic and conservation implications for U.S. industry and management. There is a clear need to ensure other nations, particularly 

those that fish on shared or high seas stocks, adhere to conservation and management standards comparable to those adhered to by 

U.S. fishermen both in U.S. waters and on the high seas. 

To the extent that fish stocks found in the U.S. EEZ migrate outside these boundaries, unsustainable fishing practices of foreign 

fleets adversely impact fish stocks and undermine the effectiveness 

of the U.S. management measures. In addition, as high seas stocks 

decline due to foreign overfishing, and as bycatch of endangered or 

protected species by those fisheries increases, additional restrictions placed on U.S. vessels under the Magnuson-Stevens Act or 

other U.S. law both disadvantage U.S. fleets and fail to address the 

problem. For example, a court barred the Hawaiian long-line fishing fleet, a tiny fraction of the Pacific longline fleet (1-3 percent), 

from harvesting swordfish (and initially, tuna) on the high seas as 

a result of concerns over interactions with endangered sea turtles. 

However, longline fleets from other nations, which are growing annually, continued to fish those same stocks without protective 

measures, disadvantaging U.S. fishermen, and increasing threats 

to sea turtles. 

U.S. fishermen feel these effects in the marketplace, as they 

must compete with cheaper imports harvested using unsustainable 

fishing practices, while bearing the costs of compliance with U.S. 

law. In addition, exploitation of fishery resources by unregulated, 

expanding foreign fleets on the high seas has resulted in falling 

world prices for many species. The growing U.S. appetite for fish, 

and flow of inexpensive imports to the United States, provides foreign fleets an incentive to maximize unsustainable harvests, while 

economically disadvantaging U.S. fishermen. 

As such, the following provisions are included in S. 2012 in order 

to strengthen the ability of international fishery organizations and 

the United States to ensure compliance with, enforcement of, and 

adherence to existing international conservation and management 

measures for high seas fisheries. 

Section 401. International monitoring and compliance. 

This section would create a new section 207 of the MagnusonStevens Act. The new section would contain provisions authorizing 

the Secretary to promote improved monitoring and compliance for 

high seas fisheries or fisheries governed by international or regional fishery management agreements. To accomplish these goals, 

the provision would authorize the Secretary to—

(1) share information on harvesting and processing capacity 

and IUU fishing on the high seas with law enforcement organizations of foreign nations and international organizations; 

(2) further develop real time information sharing capabilities, on IUU fishing; 

(3) participate in global and regional efforts to build an international network for monitoring; 

(4) support efforts to create an international registry of fishing vessels; 

(5) enhance regional enforcement capabilities through the 

use of remote sensing technology; 


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(6) provide technical assistance to developing countries to improve their monitoring, control, and surveillance capabilities; 

and 

(7) support efforts requiring all large-scale fishing vessels operating on the high seas to be fitted with vessel monitoring 

systems by the end of 2008. 

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

This section would add a new finding to subsection 2(a) of the 

Magnuson-Stevens Act stating that international cooperation is 

necessary to address IUU fishing. 

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

This section would amend the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et seq.) by creating four new sections, 607-610, that aim to improve: (1) United States awareness of 

the status of international marine resources, and (2) international 

compliance with laws on IUU fishing and protected marine resources. This information would be summarized in a biennial report (Report) created by the Secretary. 

BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.—New section 

607 would require the Secretary to report to Congress every two 

years containing the following information: (1) state of knowledge 

of the status of international living marine resources of interest to 

the United States, (2) a list of nations identified under new sections 609 and 610, (3) a description of efforts taken by nations to 

comply with new sections 609 and 610, (4) a description of progress 

made at the international level pursuant to new section 608, in 

strengthening international fishery management organizations 

with the goal of ending IUU fishing, and (5) a plan of action for 

implementing international measures to reduce the impacts of fishing on protected marine resources. 

ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT

ORGANIZATIONS.—New section 608 would direct the Secretary, in 

consultation with the Secretary of State, to improve the effectiveness of international fishery management organizations (IFMOs) 

by urging those organizations to which the United States is a party 

to: (1) incorporate sanctions against member or nonmember governments with vessels engaging in IUU fishing, (2) seek adoption of 

lists of IUU vessels including authorized (green) and unauthorized 

(red) vessel lists, (3) seek international adoption of a vessel monitoring system to document capacity, (4) increase the use of observers and compliance monitoring technologies, (5) adopt greater port 

state controls in all nations, (6) seek adoption of market related 

measures to combat IUU fishing including import prohibitions, restrictions, and catch documentation schemes, and (7) urge other nations at all levels, including the Convention on International Trade 

in Endangered Species and the World Trade Organization, to adopt 

measures to restrict trade in IUU products. 

ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.—New section 

609 would describe the process for identifying nations whose vessels participate in IUU fishing. For a nation to be listed, the Secretary must determine that vessels of that nation have engaged in 


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IUU fishing within the past year; and that the relevant IFMO has 

not implemented measures to end IUU fishing by that nation’s vessels or that the nation is not party to an IFMO, or no relevant 

IFMO exists. Listing a nation in the Report shall constitute an 

identification under section 101(b)(1)(a) of the High Seas Driftnet 

Enforcement Act (16 U.S.C. 1826a(b)(1)(A)). This identification 

would require the Secretary of the Treasury to: (1) withhold or revoke the clearance of any vessels of the identified nation and deny 

them entry into the navigable waters or any port of the United 

States, (2) prohibit the importation of fish, fish products, or sport 

fishing gear from that nation, and (3) impose other economic sanctions if items (1) and (2) are not successful in stopping the violation. 

New section 609(c) would require the Secretary, in consultation 

with the Secretary of State to notify the President and the nation 

in question of its status within 60 days of submitting a report to 

Congress pursuant to section 607. The Secretary must also initiate 

consultations with listed nations to encourage them to take corrective action and, notify any relevant IFMOs of the actions taken by 

the United States. 

New section 609(d) would require the Secretary to establish a 

procedure for certifying that a listed nation is taking corrective action. Such a determination must be provided in the Report for each 

listed nation. To become certified as taking corrective action a nation must provide documentary evidence, or the relevant IFMO 

must implement measures that are effective in ending IUU fishing 

by the listed nation. Alternatively, the Secretary may certify vessels from a listed nation on a shipment by shipment or other similar basis. If a nation becomes certified as taking corrective action 

it would not be subject to the sanctions described above. 

The new section 609(e) would direct the Secretary to promulgate 

a definition of IUU fishing within three months of enactment. Such 

a definition would include: (1) fishing activities that violate IFMO 

agreements to which the United States is a party, (2) overfishing 

of fish stocks shared with the United States for which there are no 

international management measures or in areas not covered by an 

IFMO or agreement, and (3) fishing activity that has adverse impacts on seamounts, hydrothermal vents, and deep water corals located beyond national jurisdiction for which there are no applicable 

management measures or in areas with no applicable IFMO or 

agreement. The Secretary would be authorized to receive such 

sums as necessary to carry out section 609 for FY 2006 through 

2012. 

EQUIVALENT CONSERVATION MEASURES.—New section 610 would 

establish a similar listing procedure to section 609 for nations that 

fail to end or reduce bycatch of protected living marine resources 

by using regulatory measures that are comparable to those of the 

United States, taking into account different conditions. The section 

would define a protected living marine resource as non-target fish, 

marine mammals, or sea turtles in areas beyond U.S. jurisdiction 

that are protected under U.S. law or international agreement. This 

definition includes sharks, but does not include any other fish species managed under the Magnuson-Stevens Act, Atlantic Tunas 

Convention Act, or another IFMO. 


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To be listed in the Report: (1) vessels of that nation must have 

been engaged in fishing practices during the past year that result 

in bycatch of a protected marine resource, (2) the relevant international or regional organization must have failed to implement effective measures to end or reduce the impacts, and (3) the nation 

in question must have failed to adopt a regulatory program governing such practices that is comparable to that of the United 

States. The notification, consultation, sanctions, and certification 

provisions of this section are all similar to those of section 609 except that the Secretary must seek international agreements for restricting fishing practices that result in the bycatch of protected 

marine resources through the United Nations Food and Agriculture 

Organization as well as the relevant IFMO. The Secretary must 

also seek the amendment of any relevant international treaty to 

ensure that it is consistent with the requirements of this section. 

In certifying a nation as taking corrective action, the Secretary 

must ensure that the nation in question is taking measures to 

maximize the probability of post-release survival, including the 

mandatory use of circle hooks in pelagic longline fishing. 

This section would also require the Secretary to assist nations in 

achieving certification, including by undertaking cooperative research activities, facilitating the transfer of appropriate technology, 

and designing and implementing fish harvesting plans. The Secretary would be authorized to receive such sums as are necessary 

for FY 2006 through 2012 to carry out this section. 

Sec. 404. Monitoring of Pacific insular area fisheries. 

Section 404 would amend sections 201(h)(2)(B) and 204(e)(4)(A)(i) 

of the Magnuson-Stevens Act. These sections concern observer coverage of foreign fishing under a Pacific insular area fishery agreement. The amendments would allow foreign fishing under such an 

agreement to be monitored by any program that the Secretary determines is adequate to monitor harvest, bycatch, and compliance 

with U.S. laws. The existing law appears to require 100 percent observer coverage in these fisheries, and some foreign nations have 

expressed concern over the high cost of maintaining that level of 

coverage. These changes would recognize that automated vessel 

monitoring systems have become a valuable tool that can effectively complement an observer program, thus enabling foreign fishing to be monitored successfully at a lower cost. 

Section 405. Reauthorization of the Atlantic Tunas Convention Act. 

This section would reauthorize the Atlantic Tunas Convention 

Act (ATCA) for $5,495 million in FY 2006, $5,770 million for each 

of FY 2007 and 2008, $6,058 million for each of FY 2009 and 2010; 

and $6,361 million for each of FY 2011 and 2012. These funding 

levels represent a 5 percent increase per year. Of the total authorization, $160,000 per year would be allocated to the advisory committee established under ATCA and $4,500 million per year would 

be allocated to research activities. This section would also establish 

a cooperative research program on Atlantic billfish that would be 

allocated $3 million based on the Atlantic Billfish Research Plan of 

2002. This program would be established at the Southeast Fisheries Science Center. 


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Section 406. International overfishing and domestic equity. 

Section 406(a) would amend section 304(e) of the Magnuson-Stevens Act which addresses rebuilding in overfished fisheries. The 

amendment would add a new subsection 304(e)(8) to address a situation in which a fishery is overfished due to international fishing 

pressure and for which no international agreement or measures 

exist to end overfishing. In this event, the provision would direct 

the Secretary to seek international action to end overfishing. The 

relevant Council would also be directed to recommend regulations 

for U.S. fishermen relative to their impact on the fishery and to 

provide recommendations for international action. 

Section 406(b) would amend section 304(g)(2) of the MagnusonStevens Act which states that any highly migratory species managed by the Secretary or pursuant to the ATCA that are caught 

and released as part of a tagging study shall not be considered bycatch. The amendment would expand this exemption to highly migratory species managed by a Council or pursuant to the Western 

and Central Pacific Fisheries Convention Implementation Act described in title V. 

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC

FISHERIES CONVENTION

Title V contains the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), which 

is legislation to implement the Convention on the Conservation and 

Management of Highly Migratory Stocks in the Western and Central Pacific Ocean (Convention), adopted on September 5, 2000 in 

Honolulu, Hawaii. The Convention, which the United States signed 

in 2000, became effective on June 19, 2004 prior to U.S. ratification. The President transmitted the Convention to the Senate on 

May 16, 2005, and the Senate provided its advice and consent on 

November 17, 2005. 

The objective of the Convention is to ensure the long-term conservation and sustainable use of tuna and other highly migratory 

stocks in the Western and Central Pacific Ocean, and also will be 

an important tool in helping to reduce the impact of fishing for 

such stocks on non-target species. The Convention adopts provisions that implement key aspects of the 1995 United Nations Fish 

Stocks Agreement, including provisions on compliance and enforcement, and bycatch of non-target species. 

Section 501 sets forth the title of the legislation, and section 502 

sets forth the definitions for terms used in the WCPFC Implementation Act, including ‘‘Convention Area,’’ which is the same as that 

which appears in the Convention, and ‘‘highly migratory fish 

stocks,’’ which tracks the definition in the United States Convention on the Law of the Sea. Examples of highly migratory species 

include tuna, swordfish, marlin and related highly migratory species. 

Section 503 would set forth the President’s authority to nominate 

five commissioners (and alternates) to represent the United States 

on the Convention’s governing Commission, as well as their status 

and associated administrative matters. The section would direct 

that one commissioner be an officer or employee of the Department 

of Commerce (e.g., of NMFS), to ensure the U.S. government is repVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00049 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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resented. Another commissioner position is set aside for the Chairman or a sitting member of the Western Pacific Council, which has 

authority under the Magnuson-Stevens Act over development of 

FMPs for vessels of the United States fishing for highly migratory 

species in the areas seaward of Hawaii and U.S. Pacific island 

areas, including, American Samoa, Guam, and the Northern Mariana Islands. The Committee expects the Commissioners to include 

representatives of each of the harvesting sectors participating in 

the fisheries of the Convention Area, which should also provide geographic diversity among the Commissioners. 

Section 503 (d) would authorize U.S. Commission members to appoint an Advisory Committee and establishes the status, terms, 

and responsibilities of such a Committee. Section 503 (f) would provide for the development of a memorandum of understanding 

(MOU) among the Secretary, the Secretary of State, and the three 

Councils in the Pacific, setting forth a clear understanding of the 

roles of the respective Councils in international fishery management discussions relating to stocks under Council jurisdiction, as 

well as with respect to development of domestic fishing regulations 

for such stocks that are consistent with international management 

actions. 

Section 504 authorizes the Secretary of State, in consultation 

with the Secretary and the U.S. commissioners, to approve or disapprove acts of the Commission and act on them either directly or 

by referral to the appropriate authority. Section 505 would authorize the Secretary, in consultation with the Coast Guard and the appropriate Councils, to implement and enforce the provisions, and 

any regulations issued under, the WCPFC Implementation Act. 

Consistent with practice in other regions of the country, implementation of any discretionary provisions of the Convention relating to 

stocks under Council jurisdiction could be made, to the extent practicable and within necessary timelines, under procedures used in 

the Magnuson-Stevens Act. 

Section 506 would set forth other authorities of the Secretary 

under the WCPFC Implementation Act, including all relevant research, permitting, and enforcement pursuant. Subsection (b) 

would provide that all violations of the WCPFC Implementation 

Act shall be prosecuted in the same manner, by the same means, 

and with the same powers provided to the Secretary under the 

Magnuson-Stevens Act, and section 507(b) would state that any 

violation of the WCPFC Implementation Act shall be enforced as 

if it were a violation of section 307 (Prohibited Acts) of the Magnuson-Stevens Act. 

Section 508 would authorize the Commissioners, through the 

Secretary of State and with the concurrence of the Secretary or 

other organization involved, to cooperate with Federal, State, and 

private institutions and organizations to carry out their duties 

under the Convention. 

Section 509 would direct the Secretary of State to ensure participation by American Samoa, Guam, and the Northern Mariana Islands to the same extent provided to territories of other nations. Finally, section 510 would authorize to the Secretary such sums as 

may be necessary for implementation of the WCPFC Implementation Act. 


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TITLE VI—PACIFIC WHITING

Title VI implements the terms of the Agreement on Pacific Hake/ 

Whiting as signed by the United States and Canada in November, 

2003 (Agreement). It shall be known as the Pacific Whiting Act of 

2005 (Pacific Whiting Act). 

Section 601 sets out the title of the legislation, and section 602 

provides a list of definitions used in the Pacific Whiting Act, including ‘‘offshore whiting resource,’’ which is defined as the 

transboundary stock of whiting excluding that portion of the stock 

located in Puget Sound and the Strait of Georgia. 

Sections 603 through 606 would authorize the Secretary, in consultation with the Secretary of State, to appoint U.S. representatives to the various groups and committees authorized by the 

Agreement. Section 603 would authorize the appointment of four 

U.S. members of the joint management committee. These representatives would include an official of NOAA, a member of the 

Pacific Council, one member from a list submitted by the treaty Indian tribes with rights to the offshore whiting resource, and one 

appointee from the commercial fishing sector. The term of office for 

each member would be 4 years. Section 604 would authorize the 

appointment of not more than two scientific experts to the scientific 

review group for renewable terms of not more than four years. Section 605 would authorize the appointment of between six and 

twelve U.S. members to serve as scientific experts on the joint technical committee, including at least one NOAA official. Section 606 

would authorize appointment of between six and twelve members 

of the advisory panel. These members shall have knowledge of or 

experience with the offshore whiting resource, and shall not be U.S. 

employees. 

Section 607 would authorize the Secretary, in conjunction with 

the Secretary of State, to accept or reject recommendations of the 

joint management committee. Section 607(b) would authorize the 

Secretary to promulgate regulations and cooperate with Canadian 

officials. 

Section 608 would require the Secretary to establish a catch level 

for Pacific whiting according to the standards of the agreement but, 

otherwise, to manage the Pacific whiting fishery according to the 

standards set forth in the Magnuson-Stevens Act. The agreement 

stipulates that the Secretary shall set the annual catch level in accordance with the recommendations of the joint management committee in years when both Canadian and U.S. members of the 

Committee agree on the appropriate level. In years when no agreement is reached, the Secretary shall set a catch level such that it: 

(1) takes into account the recommendations of the Pacific Council, 

(2) uses the best scientific information available, and (3) is based 

on the default total allowable catch and allocation rules set forth 

in the Agreement. 

Section 609 would deal with administrative matters such as employment status of Commissioners and their compensation. 

Section 610 would authorize the Secretary to enforce the provisions of this title, including prosecution of all violations under the 

authority of the Magnuson-Stevens Act. Finally, section 611 would 

authorize appropriation of such sums as may be necessary for the 

implementation of the Pacific Whiting Act. 


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(50) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

NORTHERN PACIFIC HALIBUT ACT OF 1982 

SEC. 8. CIVIL PENALTY; PROCEDURE. 

[16 U.S.C. 773f] 

(a) LIABILITY; CONTINUING VIOLATIONS; NOTICE; DETERMINATION

OF AMOUNT.—Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with section 554 

of title 5, United States Code, to have committed an act prohibited 

by section 7 shall be liable to the United States for a civil penalty. 

The amount of the civil penalty shall not exceed ø$25,000¿ 

$200,000 for each violation. Each day of a continuing violation shall 

constitute a separate offense. The amount of such civil penalty 

shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary 

shall taken into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed and, with respect to the 

øviolation, the degree of culpability, and history of prior offenses, 

ability to pay,¿ violator, the degree of culpability, any history of 

prior offenses, and such other matters as justice may require. 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) JUDICIAL REVIEW.—Any person against whom a civil penalty 

is assessed under subsection (a) may obtain a review thereof in the 

appropriate court of the United States by filing a notice of appeal 

in such court within 30 days from the date of such order and by 

simultaneously sending a copy of such notice by certified mail to 

the Secretary and the Attorney General. The Secretary shall 

promptly file in such court a certified copy of the record upon 

which such violation was found or such penalty imposed, in accordance with rules prescribed pursuant to section 2112 of title 28, 

United States Code. The findings and order of the Secretary shall 

be set aside by such court if they are not found to be supported by 

substantial evidence, as provided in section 706(2) of title 5, United 

States Code. 

(c) RECOVERY OF ASSESSED PENALTIES BY ATTORNEY GENERAL.—

If any person fails to pay an assessment of a civil penalty after it 

has become a final and unappealable order, or after the appropriate 

court has entered final judgment in favor of the Secretary, the SecVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00052 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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retary shall refer the matter to the Attorney General of the United 

States, who shall recover the amount assessed in any validity and 

appropriateness of the final order imposing the civil penalty shall 

not be subject to review. 

(d) COMPROMISE, MODIFICATION, AND REMISSION OF PENALTIES.— The Secretary may compromise, modify, or remit, with or without 

conditions, any civil penalty which is subject to imposition or which 

has been imposed under this section. 

(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. 

(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, 


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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. 

SEC. 9. CRIMES AND CRIMINAL PENALTIES. 

[16 U.S.C. 773g] 

(a) OFFENSES.—A person is guilty of any offense if he commits 

an act prohibited by section 7(a)(2), (3), (4), or (6); or section 7(b). 

(b) FINES; IMPRISONMENT.—Any offense described in subsection 

(a) is punishable by a fine of not more than ø$50,000¿ $200,000 or 

imprisonment for not more than 6 months or both; except that if 

in the commission of any offense the person uses a dangerous 

weapon, engages in conduct that causes bodily injury to any officer 

authorized to enforce the provisions of this Act, or places any such 

officer in fear of imminent bodily injury the offense is punishable 

by a fine of not more than ø$100,000,¿ $400,000, or imprisonment 

for not more than 10 years or both. 

ATLANTIC TUNAS CONVENTION ACT OF 1975 

øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 971h] 

ø(a) IN GENERAL.—There are authorized to be appropriated 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, the following sums: 

ø(1) For each of fiscal years 2003 and 2004, $5,480,000. 

ø(2) For each of fiscal years 2005 and 2006, $5,495,000. 

ø(b) ALLOCATION.—Of amounts available under this section for 

each fiscal year—

ø(1) $150,000 are authorized for the advisory committee established under section 4 and the species working groups established under section 4A; and 

ø(2) $4,240,000 are authorized for research activities under 

this Act and the Act of September 4, 1980 (16 U.S.C. 971i).¿ 

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) $5,495,000 for fiscal year 2006; 

(2) $5,770,000 for each of fiscal years 2007 and 2008; 

(3) $6,058,000 for each of fiscal years 2009 and 2010; and 

(4) $6,631,000 for each of fiscal years 2011 and 2012. 


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53 

(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). 

PUBLIC LAW 96–339 

SEC. 3. BIENNIAL REPORT ON BLUEFIN TUNA; HIGHLY MIGRATORY 

SPECIES RESEARCH AND MONITORING. 

[16 U.S.C. 971i] 

(a) [Omitted. The report required by subsection (a) was terminated by section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note).] 

(b) HIGHLY MIGRATORY SPECIES RESEARCH AND MONITORING.—

(1) Within 6 months after the date of enactment of the Atlantic Tunas Convention Authorization Act of 1995, the Secretary of Commerce, in cooperation with the advisory committee established under section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in consultation with 

the United States Commissioners on the International Commission for the Conservation of Atlantic Tunas (referred to 

elsewhere in this section as the ‘‘Commission’’) and the Secretary of State, shall develop and implement a comprehensive 

research and monitoring program to support the conservation 

and management of Atlantic bluefin tuna and other highly migratory species that shall—

(A) identify and define the range of stocks of highly migratory species in the Atlantic Ocean, including Atlantic 

bluefin tuna; and 

(B) provide for appropriate participation by nations 

which are members of the Commission. 

(2) The program shall provide for, but not be limited to—

(A) statistically designed cooperative tagging studies; 

(B) genetic and biochemical stock analyses; 

(C) population censuses carried out through aerial surveys of fishing grounds and known migration areas; 

(D) adequate observer coverage and port sampling of 

commercial and recreational fishing activity; 

(E) collection of comparable real-time data on commercial and recreational catches and landings through the use 

of permits, logbooks, landing reports for charter operations 

and fishing tournaments, and programs to provide reliable 

reporting of the catch by private anglers; 

(F) studies of the life history parameters of Atlantic 

bluefin tuna and other highly migratory species; 

(G) integration of data from all sources and the preparation of data bases to support management decisions; øand¿ 


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54 

(H) include a cooperative research program on Atlantic 

billfish based on the Southeast Fisheries Science Center Atlantic Billfish Research Plan of 2002; and 

ø(H)¿ (I) other research as necessary. 

(3) In developing a program under this section, the Secretary 

shall—

(A) ensure that personnel and resources of each regional 

research center shall have substantial participation in the 

stock assessments and monitoring of highly migratory species that occur in the region; 

(B) provide for comparable monitoring of all United 

States fishermen to which the Atlantic Tunas Convention 

Act of 1975 applies with respect to effort and species composition of catch and discards; 

(C) consult with relevant Federal and State agencies, 

scientific and technical experts, commercial and recreational fishermen, and other interested persons, public 

and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment 

on the plan; and 

(D) through the Secretary of State, encourage other 

member nations to adopt a similar program. 

SHARK FINNING PROHIBITION ACT 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 1822 note] 

There are authorized to be appropriated to the Secretary of Commerce for øfiscal years 2001 through 2005¿ fiscal years 2006 

through 2010 such sums as are necessary to carry out this Act. 

ATLANTIC STRIPED BASS CONSERVATION ACT 

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS. 

[16 U.S.C. 5156] 

ø(a) AUTHORIZATION.—For each of fiscal years 2001, 2002, and 

2003, there are authorized to be appropriated to carry out this 

Act—

ø(1) $1,000,000 to the Secretary of Commerce; and 

ø(2) $250,000 to the Secretary of the Interior.¿ 

(a) AUTHORIZATION.—For each of fiscal years 2006, 2007, 2008, 

2009, and 2010, 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) COOPERATIVE AGREEMENTS.—The Secretaries may enter into 

cooperative agreements with the Atlantic States Marine Fisheries 

Commission or with States, for the purpose of using amounts appropriated pursuant to this section to provide financial assistance 

for carrying out the purposes of this Act. 


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55 

YUKON RIVER SALMON ACT OF 2000 

SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 5727] 

There are authorized to be appropriated to the Secretary of the 

Interior to carry out this title ø$4,000,000 for each of fiscal years 

2004 through 2008,¿ $4,000,000 for each of fiscal years 2006 

through 2010, of which— (1) such sums as are necessary shall be available each fiscal 

year for travel expenses of Panel members, alternate Panel 

members, United States members of the Joint Technical Committee established by paragraph C.2 of the memorandum of 

understanding concerning the Pacific Salmon Treaty between 

the Government of the United States and the Government of 

Canada (recorded January 28, 1985), and members of an advisory committee established and appointed under section 203, 

in accordance with Federal Travel Regulations and sections 

5701, 5702, 5704 through 5708, and 5731 of title 5, United 

States Code; 

(2) such sums as are necessary shall be available for the 

United States share of expenses incurred by the Joint Technical Committee and any panel established by any agreement 

between the Government of the United States and the Government of Canada for restoration and enhancement of salmon 

originating in Canada; (3) up to $3,000,000 shall be available each fiscal year for activities by the Department of the Interior and the Department 

of Commerce for survey, restoration, and enhancement activities related to salmon stocks originating from the Yukon River 

in Canada, of which up to $1,200,000 shall be available each 

fiscal year for Yukon River salmon stock restoration and enhancement projects under section 207(b); and (4) $600,000 shall be available each fiscal year for cooperative salmon research and management projects in the portion 

of the Yukon River drainage located in the United States that 

are recommended by the Panel. 

SUSTAINABLE FISHERIES ACT 

SEC. 111. PACIFIC COMMUNITY FISHERIES. 

[16 U.S.C. 1855 note] 

(a) [Omitted. Subsection (a) amended section 305 of the Magnuson-Stevens Fishery Conservation and Management Act.] 

(b) WESTERN PACIFIC DEMONSTRATION PROJECTS.—(1) The Secretary of Commerce øand the Secretary of the Interior are¿ is authorized to make direct grants to eligible western Pacific communities, as recommended by the Western Pacific Fishery Management Council, for the purpose of establishing ønot less than three 

and not more than five¿ fishery demonstration projects to foster 

and promote traditional indigenous fishing practices. There are authorized to be appropriated to carry out this section $500,000 for 

each fiscal year. 

(2) Demonstration projects funded pursuant to this subsection 

shall foster and promote the involvement of western Pacific communities in western Pacific fisheries and may—


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(A) identify and apply traditional indigenous fishing practices; 

(B) develop or enhance western Pacific community-based 

fishing opportunities; and 

(C) involve research, community education, or the acquisition 

of materials and equipment necessary to carry out any such 

demonstration project. 

(3)(A) The Western Pacific Fishery Management Council, in consultation with the Secretary of Commerce, shall establish an advisory panel under section 302(g) of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1852(g)) to evaluate, 

determine the relative merits of, and annually rank applications 

for such grants. The panel shall consist of not more than 8 individuals who are knowledgeable or experienced in traditional indigenous fishery practices of western Pacific communities and who are 

not members or employees of the Western Pacific Fishery Management Council. 

(B) If the Secretary of Commerce or the Secretary of the Interior awards a grant for a demonstration project not in accordance with the rank given to such project by the advisory panel, 

the Secretary shall provide a detailed written explanation of 

the reasons therefor. 

(4) The Western Pacific Fishery Management Council shall, with 

the assistance of such advisory panel, submit an annual report to 

the Congress assessing the status and progress of demonstration 

projects carried out under this subsection. 

(5) Appropriate Federal agencies may provide technical assistance to western Pacific community-based entities to assist in carrying out demonstration projects under this subsection. 

ø(6) For the purposes of this subsection, ‘‘western Pacific community’’ shall mean a community eligible to participate under section 

305(i)(2)(B) of the Magnuson-Stevens Fishery Conservation and 

Management Act, as amended by this Act.¿ 

(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)). 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

SEC. 2. FINDINGS, PURPOSES AND POLICY. 

[16 U.S.C. 1801] 

(a) FINDINGS.—The Congress finds and declares the following: 

(1) The fish off the coasts of the United States, the highly 

migratory species of the high seas, the species which dwell on 

or in the Continental Shelf appertaining to the United States, 

and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, 

economy, and health of the Nation and provide recreational opportunities. 


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57 

(2) Certain stocks of fish have declined to the point where 

their survival is threatened, and other stocks of fish have been 

so substantially reduced in number that they could become 

similarly threatened as a consequence of (A) increased fishing 

pressure, (B) the inadequacy of fishery resource conservation 

and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. 

(3) Commercial and recreational fishing constitutes a major 

source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon 

fishing and related activities, and their economies have been 

badly damaged by the overfishing of fishery resources at an 

ever-increasing rate over the past decade. The activities of 

massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing 

gear of United States fishermen. 

(4) International fishery agreements have not been effective 

in preventing or terminating the overfishing of these valuable 

fishery resources. There is danger that irreversible effects from 

overfishing will take place before an effective international 

agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. 

(5) Fishery resources are finite but renewable. If placed 

under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained 

so as to provide optimum yields on a continuing basis. 

(6) A national program for the conservation and management of the fishery resources of the United States is necessary 

to prevent overfishing, to rebuild overfished stocks, to insure 

conservation, to facilitate long-term protection of essential fish 

habitats, and to realize the full potential of the Nation’s fishery 

resources. 

(7) A national program for the development of fisheries 

which are underutilized or not utilized by the United States 

fishing industry, including bottom fish off Alaska, is necessary 

to assure that our citizens benefit from the employment, food 

supply, and revenue which could be generated thereby. 

(8) The collection of reliable data is essential to the effective 

conservation, management, and scientific understanding of the 

fishery resources of the United States. 

(9) One of the greatest long-term threats to the viability of 

commercial and recreational fisheries is the continuing loss of 

marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation 

and management of fishery resources of the United States. 

(10) Pacific Insular Areas contain unique historical, cultural, 

legal, political, and geographical circumstances which make 

fisheries resources important in sustaining their economic 

growth. 

(11) A number of the Fishery Management Councils have 

demonstrated significant progress in integrating ecosystem conVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00059 Fmt 6604 Sfmt 6603 E:\HR\OC\SR229.XXX SR229

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siderations in fisheries management using the existing authorities provided under this Act. 

(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. 

(b) PURPOSES.—It is therefore declared to be the purposes of the 

Congress in this Act— (1) to take immediate action to conserve and manage the 

fishery resources found off the coasts of the United States, and 

the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights 

for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established 

by Presidential Proclamation 5030, dated March 10, 1983, and 

(B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources; 

(2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such 

agreements as necessary; 

(3) to promote domestic commercial and recreational fishing 

under sound conservation and management principles, including the promotion of catch and release programs in recreational fishing; 

(4) to provide for the preparation and implementation, in accordance with national standards, of fishery management 

plans which will achieve and maintain, on a continuing basis, 

the optimum yield from each fishery; 

(5) to establish Regional Fishery Management Councils to 

exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of 

such plans under circumstances (A) which will enable the 

State, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and 

advise on, the establishment and administration of such plans, 

and (B) which take into account the social and economic needs 

of the States; 

(6) to encourage the development by the United States fishing industry of fisheries which are currently underutilized or 

not utilized by United States fishermen, including bottom fish 

off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful 

manner; and 

(7) to promote the protection of essential fish habitat in the 

review of projects conducted under Federal permits, licenses, or 

other authorities that affect or have the potential to affect such 

habitat. 

(c) POLICY.—It is further declared to be the policy of the Congress in this Act— (1) to maintain without change the existing territorial or 

other ocean jurisdiction of the United States for all purposes 


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59 

other than the conservation and management of fishery resources, as provided for in this Act; 

(2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary 

for the conservation and management of fishery resources, as 

provided for in this Act; 

(3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the 

needs of, interested and affected States and citizens; considers 

efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and 

enforcement; considers the effects of fishing on immature fish 

and encourages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective; 

(4) to permit foreign fishing consistent with the provisions of 

this Act; 

(5) to support and encourage active United States efforts to 

obtain internationally acceptable agreements which provide for 

effective conservation and management of fishery resources, 

and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; 

(6) to foster and maintain the diversity of fisheries in the 

United States; and 

(7) to ensure that the fishery resources adjacent to a Pacific 

Insular Area, including resident or migratory stocks within the 

exclusive economic zone adjacent to such areas, be explored, 

developed, conserved, and managed for the benefit of the people of such area and of the United States. 

SEC. 3. DEFINITIONS. 

[16 U.S.C. 1802] 

As used in this Act, unless the context otherwise requires—

(1) The term ‘‘anadromous species’’ means species of fish 

which spawn in fresh or estuarine waters of the United States 

and which migrate to ocean waters. 

(2) The term ‘‘bycatch’’ means fish which are harvested in a 

fishery, but which are not sold or kept for personal use, and 

includes economic discards and regulatory discards. Such term 

does not include fish released alive under a recreational catch 

and release fishery management program. 

(3) The term ‘‘charter fishing’’ means fishing from a vessel 

carrying a passenger for hire (as defined in section 2101(21a) 

of title 46, United States Code) who is engaged in recreational 

fishing. 

(4) The term ‘‘commercial fishing’’ means fishing in which 

the fish harvested, either in whole or in part, are intended to 

enter commerce or enter commerce through sale, barter or 

trade. 

(5) The term ‘‘conservation and management’’ refers to all of 

the rules, regulations, conditions, methods, and other measures 

(A) which are required to rebuild, restore, or maintain, and 

which are useful in rebuilding, restoring, or maintaining, any 


HMoore on PROD1PC68 with HMRPT
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fishery resource and the marine environment; and (B) which 

are designed to assure that— (i) a supply of food and other products may be taken, 

and that recreational benefits may be obtained, on a 

continuing basis; 

(ii) irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and 

(iii) there will be a multiplicity of options available 

with respect to future uses of these resources. 

(6) The term ‘‘Continental Shelf’’ means the seabed and subsoil of the submarine areas adjacent to the coast, but outside 

the area of the territorial sea, of the United States, to a depth 

of 200 meters or, beyond that limit, to where the depth of the 

superjacent waters admits of the exploitation of the natural resources of such areas. 

(7) The term ‘‘confidential information’’ means— (A) trade secrets; or 

(B) commercial or financial information the disclosure of 

which is likely to result in substantial harm to the competitive position of the person who submitted the information 

to the Secretary. 

ø(7)¿ (8) The term ‘‘Continental Shelf fishery resources’’ means the following: Cnidaria Bamboo Coral—Acanella spp.; 

Black Coral—Antipathes spp.; Gold Coral—Callogorgia spp.; 

Precious Red Coral—Corallium spp.; Bamboo Coral—Keratoisis 

spp.; and Gold Coral—Parazoanthus spp. Crustacea Tanner 

Crab—Chionoecetes tanneri; Tanner Crab—Chionoecetes 

opilio; Tanner Crab—Chionoecetes angulatus; Tanner Crab— Chionoecetes bairdi; King Crab—Paralithodes camtschatica; 

King Crab—Paralithodes platypus; King Crab—Paralithodes 

brevipes; Lobster—Homarus americanus; Dungeness Crab— Cancer magister; California King Crab—Paralithodes 

californiensis; California King Crab—Paralithodes rathbuni; 

Golden King Crab—Lithodes aequispinus; Northern Stone 

Crab—Lithodes maja; Stone Crab—Menippe mercenaria; and 

Deep-sea Red Crab—Chaceon quinquedens. Mollusks Red Abalone—Haliotis rufescens; Pink Abalone—Haliotis corrugata; 

Japanese Abalone—Haliotis kamtschatkana; Queen Conch—

Strombus gigas; Surf Clam—Spisula solidissima; and Ocean 

Quahog—Arctica islandica. Sponges Glove Sponge—Spongia 

cheiris; Sheepswool Sponge—Hippiospongia lachne; Grass 

Sponge—Spongia graminea; and Yellow Sponge—Spongia 

barbera. If the Secretary determines, after consultation with 

the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either—

(A) immobile on or under the seabed, or 

(B) unable to move except in constant physical contact 

with the seabed or subsoil, of the Continental Shelf which 

appertains to the United States, and publishes notice of 

such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this 

Act. 


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ø(8)¿ (9) The term ‘‘Council’’ means any Regional Fishery 

Management Council established under section 302. 

ø(9)¿ (10) The term ‘‘economic discards’’ means fish which 

are the target of a fishery, but which are not retained because 

they are of an undesirable size, sex, or quality, or for other economic reasons. 

ø(10)¿ (11) The term ‘‘essential fish habitat’’ means those waters and substrate necessary to fish for spawning, breeding, 

feeding or growth to maturity. 

ø(11)¿ (12) The term ‘‘exclusive economic zone’’ means the 

zone established by Proclamation Numbered 5030, dated 

March 10, 1983. For purposes of applying this Act, the inner 

boundary of that zone is a line coterminous with the seaward 

boundary of each of the coastal States. 

ø(12)¿ (13) The term ‘‘fish’’ means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life 

other than marine mammals, and birds. 

ø(13)¿ (14) The term ‘‘fishery’’ means— (A) one or more stocks of fish which can be treated as 

a unit for purposes of conservation and management and 

which are identified on the basis of geographical, scientific, 

technical, recreational, and economic characteristics; and 

(B) any fishing for such stocks. 

(15) 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. 

ø(14)¿ (16) The term ‘‘fishery resource’’ means any fishery, 

any stock of fish, any species of fish, and any habitat of fish. 

ø(15)¿ (17) The term ‘‘fishing’’ means—

(A) the catching, taking, or harvesting of fish; 

(B) the attempted catching, taking, or harvesting of fish; 

(C) any other activity which can reasonably be expected 

to result in the catching, taking, or harvesting of fish; or 

(D) any operations at sea in support of, or in preparation 

for, any activity described in subparagraphs (A) through 

(C). Such term does not include any scientific research activity which is conducted by a scientific research vessel. 

ø(16)¿ (18) The term ‘‘fishing community’’ means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet 

social and economic needs, and includes fishing vessel owners, 

operators, and crew and United States fish processors that are 

based in such community. 

ø(17)¿ (19) The term ‘‘fishing vessel’’ means any vessel, boat, 

ship, or other craft which is used for, equipped to be used for, 

or of a type which is normally used for—

(A) fishing; or 

(B) aiding or assisting one or more vessels at sea in the 

performance of any activity relating to fishing, including, 


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but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. 

ø(18)¿ (20) The term ‘‘foreign fishing’’ means fishing by a 

vessel other than a vessel of the United States. 

ø(19)¿ (21) The term ‘‘high seas’’ means all waters beyond 

the territorial sea of the United States and beyond any foreign 

nation’s territorial sea, to the extent that such sea is recognized by the United States. 

ø(20)¿ (22) The term ‘‘highly migratory species’’ means tuna 

species, marlin (Tetrapturus spp. and Makaira spp.), oceanic 

sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias 

gladius). 

(23) 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. 

ø(21)¿ (24) The term ‘‘individual fishing quota’’ means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does 

not include community development quotas as described in section 305(i). 

ø(22)¿ (25) The term ‘‘international fishery agreement’’ means any bilateral or multilateral treaty, convention, or 

agreement which relates to fishing and to which the United 

States is a party. 

ø(23)¿ (26) The term ‘‘large-scale driftnet fishing’’ means a 

method of fishing in which a gillnet composed of a panel or 

panels of webbing, or a series of such gillnets, with a total 

length of two and one-half kilometers or more is placed in the 

water and allowed to drift with the currents and winds for the 

purpose of entangling fish in the webbing. 

(27) The term ‘‘limited access privilege’’—

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

access system under section 303A to harvest a quantity of 

fish that may be received or held for exclusive use by a person; and 

(B) includes an individual fishing quota; but 

(C) does not include community development quotas as 

described in section 305(i). 

ø(24)¿ (28) The term ‘‘Marine Fisheries Commission’’ means 

the Atlantic States Marine Fisheries Commission, the Gulf 

States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission. 

ø(25)¿ (29) The term ‘‘migratory range’’ means the maximum 

area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as 


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determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the 

term does not include any part of such area which is in the waters of a foreign nation. 

ø(26)¿ (30) The term ‘‘national standards’’ means the national standards for fishery conservation and management set 

forth in section 301. 

ø(27)¿ (31) The term ‘‘observer’’ means any person required 

or authorized to be carried on a vessel for conservation and 

management purposes by regulations or permits under this 

Act. 

(32) 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. 

ø(28)¿ (33) The term ‘‘optimum’’, with respect to the yield 

from a fishery, means the amount of fish which— (A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; 

(B) is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant social, economic, or ecological factor; and 

(C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum 

sustainable yield in such fishery. 

ø(29)¿ (34) The terms ‘‘overfishing’’ and ‘‘overfished’’ mean a 

rate or level of fishing mortality that jeopardizes the capacity 

of a fishery to produce the maximum sustainable yield on a 

continuing basis. 

ø(30)¿ (35) The term ‘‘Pacific Insular Area’’ means American 

Samoa, Guam, the Northern Mariana Islands, Baker Island, 

Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, 

Midway Island, Wake Island, or Palmyra Atoll, as applicable, 

and includes all islands and reefs appurtenant to such island, 

reef, or atoll. 

ø(31)¿ (36) The term ‘‘person’’ means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or 

not organized or existing under the laws of any State), and any 

Federal, State, local, or foreign government or any entity of 

any such government. 

ø(32)¿ (37) The term ‘‘recreational fishing’’ means fishing for 

sport or pleasure. 

ø(33)¿ (38) The term ‘‘regulatory discards’’ means fish harvested in a fishery which fishermen are required by regulation 

to discard whenever caught, or are required by regulation to 

retain but not sell. 


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ø(34)¿ (39) The term ‘‘Secretary’’ means the Secretary of 

Commerce or his designee. 

ø(35)¿ (40) The term ‘‘State’’ means each of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, American Samoa, the Virgin Islands, Guam, and any 

other Commonwealth, territory, or possession of the United 

States. 

ø(36)¿ (41) The term ‘‘special areas’’ means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of 

Soviet Socialist Republics on the Maritime Boundary, signed 

June 1, 1990. In particular, the term refers to those areas east 

of the maritime boundary, as defined in that Agreement, that 

lie within 200 nautical miles of the baselines from which the 

breadth of the territorial sea of Russia is measured but beyond 

200 nautical miles of the baselines from which the breadth of 

the territorial sea of the United States is measured. 

ø(37)¿ (42) The term ‘‘stock of fish’’ means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. 

ø(38)¿ (43) The term ‘‘treaty’’ means any international fishery agreement which is a treaty within the meaning of section 

2 of article II of the Constitution. 

ø(39)¿ (44) The term ‘‘tuna species’’ means the following: Albacore Tuna—Thunnus alalunga; Bigeye Tuna—Thunnus 

obesus; Bluefin Tuna—Thunnus thynnus; Skipjack Tuna— Katsuwonus pelamis; and Yellowfin Tuna—Thunnus albacares. 

ø(40)¿ (45) The term ‘‘United States’’, when used in a geographical context, means all the States thereof. 

ø(41)¿ (46) The term ‘‘United States fish processors’’ means 

facilities located within the United States for, and vessels of 

the United States used or equipped for, the processing of fish 

for commercial use or consumption. 

ø(42)¿ (47) The term ‘‘United States harvested fish’’ means 

fish caught, taken, or harvested by vessels of the United States 

within any fishery regulated under this Act. 

ø(43)¿ (48) The term ‘‘vessel of the United States’’ means—

(A) any vessel documented under chapter 121 of title 46, 

United States Code; 

(B) any vessel numbered in accordance with chapter 123 

of title 46, United States Code, and measuring less than 

5 net tons; 

(C) any vessel numbered in accordance with chapter 123 

of title 46, United States Code, and used exclusively for 

pleasure; or 

(D) any vessel not equipped with propulsion machinery 

of any kind and used exclusively for pleasure. 

ø(44)¿ (49) The term ‘‘vessel subject to the jurisdiction of the 

United States’’ has the same meaning such term has in section 

3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. 

App. 1903(c)). 

ø(45)¿ (50) The term ‘‘waters of a foreign nation’’ means any 

part of the territorial sea or exclusive economic zone (or the 

equivalent) of a foreign nation, to the extent such territorial 


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sea or exclusive economic zone is recognized by the United 

States. 

øSEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 1803] 

øThere are authorized to be appropriated to the Secretary for the 

purposes of carrying out the provisions of this Act, not to exceed 

the following sums: 

ø(1) $147,000,000 for fiscal year 1996; 

ø(2) $151,000,000 for fiscal year 1997; 

ø(3) $155,000,000 for fiscal year 1998; and 

ø(4) $159,000,000 for fiscal year 1999.¿ 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to carry 

out the provisions of this Act—

(1) $328,004,000 for fiscal year 2006; and 

(2) such sums as may be necessary for fiscal years 2007 

through 2012. 

* * * * * * * 

SEC. 102. HIGHLY MIGRATORY SPECIES. 

[16 U.S.C. 1812] 

(a) IN GENERAL.—The United States shall cooperate directly or 

through appropriate international organizations with those nations 

involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum 

yield of such species throughout their range, both within and beyond the exclusive economic zone. 

(b) TRADITIONAL PARTICIPATION.—For fisheries being managed 

under an international fisheries agreement to which the United 

States is a party, Council or Secretarial action, if any, shall reflect 

traditional participation in the fishery, relative to other Nations, by 

fishermen of the United States on fishing vessels of the United 

States. 

(c) PROMOTION OF STOCK MANAGEMENT.—If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, 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. 201. FOREIGN FISHING. 

[16 U.S.C. 1821] 

(a) IN GENERAL.—After February 28, 1977, no foreign fishing is 

authorized within the exclusive economic zone, or for anadromous 

species or Continental Shelf fishery resources beyond the exclusive 

economic zone, unless such foreign fishing—

(1) is authorized under subsections (b) or (c) or section 

204(e), or under a permit issued under section 204(d); 

(2) is not prohibited under subsection (f); and 

(3) is conducted under, and in accordance with, a valid and 

applicable permit issued pursuant to section 204. 


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(b) EXISTING INTERNATIONAL FISHERY AGREEMENTS.—Foreign 

fishing described in subsection (a) may be conducted pursuant to 

an international fishery agreement (subject to the provisions of section 202(b) or (c), if such agreement— (1) was in effect on the date of enactment of this Act; and 

(2) has not expired, been renegotiated, or otherwise ceased to 

be of force and effect with respect to the United States. 

(c) GOVERNING INTERNATIONAL FISHERY AGREEMENTS.—Foreign 

fishing described in subsection (a) may be conducted pursuant to 

an international fishery agreement (other than a treaty) which 

meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred 

to as a ‘‘governing international fishery agreement’’. Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set 

forth in this Act. It is the sense of the Congress that each such 

agreement shall include a binding commitment, on the part of such 

foreign nation and its fishing vessels, to comply with the following 

terms and conditions: 

(1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all 

regulations promulgated by the Secretary pursuant to this Act, 

including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery 

management plan. 

(2) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by 

the requirement that— (A) any officer authorized to enforce the provisions of 

this Act (as provided for in section 311) be permitted— (i) to board, and search or inspect, any such vessel 

at any time, 

(ii) to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause 

to believe, as a result of such a search or inspection, 

that any such vessel or any person has committed an 

act prohibited by section 307, and 

(iii) to examine and make notations on the permit 

issued pursuant to section 204 for such vessel; 

(B) the permit issued for any such vessel pursuant to 

section 204 be prominently displayed in the wheelhouse of 

such vessel; 

(C) transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the 

department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in 

working order on each such vessel; 

(D) United States observers required under subsection 

(h) be permitted to be stationed aboard any such vessel 

and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and 

observer monitoring, be paid for, in accordance with such 

subsection, by the owner or operator of the vessel; 


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(E) any fees required under section 204(b)(10) be paid in 

advance; 

(F) agents be appointed and maintained within the 

United States who are authorized to receive and respond 

to any legal process issued in the United States with respect to such owner or operator; and 

(G) responsibility be assumed, in accordance with any 

requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or 

damage to, their fishing vessels, fishing gear, or catch 

which is caused by any fishing vessel of that nation; and 

will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and 

management which is included in such agreement. 

(3) The foreign nation and the owners or operators of all of 

the fishing vessels of such nation shall not, in any year, harvest an amount of fish which exceeds such nation’s allocation 

of the total allowable level of foreign fishing, as determined 

under subsection (e). 

(4) The foreign nation will— (A) apply, pursuant to section 204, for any required permits; 

(B) deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under 

that section for such vessel; 

(C) abide by, and take appropriate steps under its own 

laws to assure that all such owners and operators comply 

with, section 204(a) and the applicable conditions and restrictions established under section 204(b)(7); and 

(D) take, or refrain from taking, as appropriate, actions 

of the kind referred to in subsection (e)(1) in order to receive favorable allocations under such subsection. 

(d) TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.—The total allowable level of foreign fishing, if any, with respect to any fishery 

subject to the exclusive fishery management authority of the 

United States, øshall be¿ is that portion of the optimum yield of 

such fishery which øwill not¿ cannot, or will not, be harvested by 

vessels of the United States, as determined in accordance with this 

Act. Allocations of the total allowable level of foreign fishing are 

discretionary, except that the total allowable level shall be zero for 

fisheries determined by the Secretary to have adequate or excess 

harvest capacity. 

(e) ALLOCATION OF ALLOWABLE LEVEL.—

(1)(A) The Secretary of State, in cooperation with the Secretary, may make allocations to foreign nations from the total 

allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States. 

(B) From the determinations made under subparagraph 

(A), the Secretary of State shall compute the aggregate of 

all of the fishery allocations made to each foreign nation. 

(C) The Secretary of State shall initially release to each 

foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparaVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00069 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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graph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the 

Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis 

on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State. 

(D) After the initial release of fishery allocations under 

subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall 

only be made— (i) after the lapse of such period of time as may be 

sufficient for purposes of making the determination required under clause (ii); and 

(ii) if the Secretary of State and the Secretary, after 

taking into account the size of the allocation for such 

fishery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph 

with respect to such fishery. If the foreign nation is 

not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner 

and quantity he considers to be appropriate (I) the remainder of such allocation, or (II) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation. 

(E) The determinations required to be made under subparagraphs (A) and (D)(ii), and the apportionments required to be made under subparagraph (C), with respect to 

a foreign nation shall be based on— (i) whether, and to what extent, such nation imposes 

tariff barriers or nontariff barriers on the importation, 

or otherwise restricts the market access, of both 

United States fish and fishery products, particularly 

fish and fishery products for which the foreign nation 

has requested an allocation; 

(ii) whether, and to what extent, such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries 

exports from the United States through the purchase 

of fishery products from United States processors, and 

the advancement of fisheries trade through the purchase of fish and fishery products from United States 

fishermen, particularly fish and fishery products for 

which the foreign nation has requested an allocation; 

(iii) whether, and to what extent, such nation and 

the fishing fleets of such nation have cooperated with 

the United States in the enforcement of United States 

fishing regulations; 

(iv) whether, and to what extent, such nation requires the fish harvested from the exclusive economic 

zone for its domestic consumption; 

(v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound 

and economic United States fishing industry, including 


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minimizing gear conflicts with fishing operations of 

United States fishermen, and transferring harvesting 

or processing technology which will benefit the United 

States fishing industry; 

(vi) whether, and to what extent, the fishing vessels 

of such nation have traditionally engaged in fishing in 

such fishery; 

(vii) whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the 

identification of fishery resources; and 

(viii) such other matters as the Secretary of State, 

in cooperation with the Secretary, deems appropriate. 

(2)(A) For the purposes of this paragraph—

(i) The term ‘‘certification’’ means a certification 

made by the Secretary that nationals of a foreign 

country, directly or indirectly, are conducting fishing 

operations or engaging in trade or taking which diminishes the effectiveness of the International Convention 

for the Regulation of Whaling. A certification under 

this section shall also be deemed a certification for the 

purposes of section 8(a) of the Fishermen’s Protective 

Act of 1967 (22 U.S.C. 1978(a)). 

(ii) The term ‘‘remedial period’’ means the 365-day 

period beginning on the date on which a certification 

is issued with respect to a foreign country. 

(B) If the Secretary issues a certification with respect to 

any foreign country, then each allocation under paragraph 

(1) that—

(i) is in effect for that foreign country on the date of 

issuance; or 

(ii) is not in effect on such date but would, without 

regard to this paragraph, be made to the foreign country within the remedial period; shall be reduced by the 

Secretary of State, in consultation with the Secretary, 

by not less than 50 percent. 

(C) The following apply for purposes of administering 

subparagraph (B) with respect to any foreign country: 

(i) If on the date of certification, the foreign country 

has harvested a portion, but not all, of the quantity of 

fish specified under any allocation, the reduction 

under subparagraph (B) for that allocation shall be applied with respect to the quantity not harvested as of 

such date. 

(ii) If the Secretary notified the Secretary of State 

that it is not likely that the certification of the foreign 

country will be terminated under section 8(d) of the 

Fishermen’s Protective Act of 1967 before the close of 

the period for which an allocation is applicable or before the close of the remedial period (whichever close 

first occurs) the Secretary of State, in consultation 

with the Secretary, shall reallocate any portion of any 

reduction made under subparagraph (B) among one or 


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more foreign countries for which no certification is in 

effect. 

(iii) If the certification is terminated under such section 8(d) during the remedial period, the Secretary of 

State shall return to the foreign country that portion 

of any allocation reduced under subparagraph (B) that 

was not reallocated under clause (ii); unless the harvesting of the fish covered by the allocation is otherwise prohibited under this Act. 

(iv) The Secretary may refund or credit, by reason 

of reduction of any allocation under this paragraph, 

any fee paid under section 204. 

(D) If the certification of a foreign country is not terminated under section 8(d) of the Fishermen’s Protective Act 

of 1967 before the close of the last day of the remedial period, the Secretary of State—

(i) with respect to any allocation made to that country and in effect (as reduced under subparagraph (B)) 

on such last day, shall rescind, effective on and after 

the day after such last day, any harvested portion of 

such allocation; and 

(ii) may not thereafter make any allocation to that 

country under paragraph (1) until the certification is 

terminated. 

(f) RECIPROCITY.—Foreign fishing shall not be authorized for the 

fishing vessels of any foreign nation unless such nation satisfies 

the Secretary and the Secretary of State that such nation extends 

substantially the same fishing privileges to fishing vessels of the 

United States, if any, as the United States extends to foreign fishing vessels. 

(g) PRELIMINARY FISHERY MANAGEMENT PLANS.—The Secretary, 

when notified by the Secretary of State that any foreign nation has 

submitted an application under section 204(b), shall prepare a preliminary fishery management plan for any fishery covered by such 

application if the Secretary determines that no fishery management plan for that fishery will be prepared and implemented, pursuant to title III, before March 1, 1977. To the extent practicable, 

each such plan—

(1) shall contain a preliminary description of the fishery and 

a preliminary determination as to—

(A) the optimum yield from such fishery; 

(B) when appropriate, the capacity and extent to which 

United States fish processors will process that portion of 

such optimum yield that will be harvested by vessels of the 

United States; and 

(C) the total allowable level of foreign fishing with respect to such fishery; 

(2) shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary; 

(3) shall require the submission of pertinent data to the Secretary, with respect to such fishery, as described in section 

303(a)(5); and 


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(4) may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain 

conservation and management measures applicable to foreign 

fishing which— (A) are determined to be necessary and appropriate for 

the conservation and management of such fishery, 

(B) are consistent with the national standards, the other 

provisions of this Act, and other applicable law, and 

(C) are described in section 303(b)(2), (3), (4), (5), and 

(7). 

Each preliminary fishery management plan shall be in effect 

with respect to foreign fishing for which permits have been issued 

until a fishery management plan is prepared and implemented, 

pursuant to title III, with respect to such fishery. The Secretary 

may, in accordance with section 553 of title 5, United States Code, 

also prepare and promulgate interim regulations with respect to 

any such preliminary plan. Such regulations shall be in effect until 

regulations implementing the applicable fishery management plan 

are promulgated pursuant to section 305. 

(h) FULL OBSERVER COVERAGE PROGRAM.—

(1)(A) Except as provided in paragraph (2), the Secretary 

shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel 

while that vessel is engaged in fishing within the exclusive economic zone. 

(B) The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to 

the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers. 

(2) The requirement in paragraph (1) that a United States 

observer be placed aboard each foreign fishing vessel may be 

waived by the Secretary if he finds that— (A) in a situation where a fleet of harvesting vessels 

transfers its catch taken within the exclusive economic 

zone to another vessel, aboard which is a United States observer, the stationing of United States observers on only a 

portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch 

species are being complied with; 

(B) in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, 

the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established 

an observer coverage program øthat is at least equal in effectiveness to the program established by the Secretary;¿ 

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; 


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(C) the time during which a foreign fishing vessel will 

engage in fishing within the exclusive economic zone will 

be of such short duration that the placing of a United 

States observer aboard the vessel would be impractical; or 

(D) for reasons beyond the control of the Secretary, an 

observer is not available. 

(3) Observers, while stationed aboard foreign fishing vessels, 

shall carry out such scientific, compliance monitoring, and 

other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act; and shall cooperate 

in carrying out such other scientific programs relating to the 

conservation and management of living resources as the Secretary deems appropriate. 

(4) In addition to any fee imposed under section 204(b)(10) 

of this Act and section 10(e) of the Fishermen’s Protective Act 

of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for 

any year after 1980, the Secretary shall impose, with respect 

to each foreign fishing vessel for which a permit is issued 

under such section 204, a surcharge in an amount sufficient to 

cover all the costs of providing a United States observer aboard 

that vessel. The failure to pay any surcharge imposed under 

this paragraph shall be treated by the Secretary as a failure 

to pay the permit fee for such vessel under section 204(b)(10). 

All surcharges collected by the Secretary under this paragraph 

shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5). 

(5) There is established in the Treasury of the United States 

the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All 

payments made by the Secretary to carry out this subsection 

shall be paid from the Fund, only to the extent and in the 

amounts provided for in advance in appropriation Acts. Sums 

in the Fund which are not currently needed for the purposes 

of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. 

(6) If at any time the requirement set forth in paragraph (1) 

cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program: 

(A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the 

United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3); 

(B) establish standards of conduct for certified observers 

equivalent to those applicable to Federal personnel; 

(C) establish a reasonable schedule of fees that certified 

observers or their agents shall be paid by the owners and 

operators of foreign fishing vessels for observer services; 

and 

(D) monitor the performance of observers to ensure that 

it meets the purposes of this Act. 


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(i) RECREATIONAL FISHING.—Notwithstanding any other provision 

of this title, foreign fishing vessels which are not operated for profit 

may engage in recreational fishing within the exclusive economic 

zone and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying 

with such conditions and restrictions as the Secretary and the Governor of the State (or his designee) shall impose as being necessary 

or appropriate to insure that the fishing activity of such foreign 

vessels within such zone or waters, respectively, is consistent with 

all applicable Federal and State laws and any applicable fishery 

management plan implemented under section 304. The Secretary 

shall consult with the Secretary of State and the Secretary of the 

Department in which the Coast Guard is operating in formulating 

the conditions and restrictions to be applied by the Secretary under 

the authority of this subsection. 

* * * * * * * 

SEC. 204. PERMITS FOR FOREIGN FISHING. 

[16 U.S.C. 1824] 

(a) IN GENERAL.—After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone, or 

for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit 

issued under this section for such vessel. 

(b) APPLICATIONS AND PERMITS UNDER GOVERNING INTERNATIONAL FISHERY AGREEMENTS.—

(1) ELIGIBILITY; DURATION.—Each foreign nation with which 

the United States has entered into a governing international 

fishery agreement shall submit an application to the Secretary 

of State each year for a permit for each of its fishing vessels 

that wishes to engage in fishing described in subsection (a). No 

permit issued under this section may be valid for longer than 

a year; and section 558(c) of title 5, United States Code, does 

not apply to the renewal of any such permit. 

(2) FORMS.—The Secretary, in consultation with the Secretary of State and the Secretary of the department in which 

the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application. 

(3) CONTENTS.—Any application made under this subsection 

shall specify—

(A) the name and official number or other identification 

of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; 

(B) the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other 

pertinent information with respect to characteristics of 

each such vessel as the Secretary may require; 

(C) each fishery in which each such vessel wishes to fish; 

(D) the estimated amount of tonnage of fish which will 

be caught, taken, or harvested in each such fishery by each 

such vessel during the time the permit is in force; 


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(E) the amount or tonnage of United States harvested 

fish, if any, which each such vessel proposes to receive at 

sea from vessels of the United States; 

(F) the ocean area in which, and the season or period 

during which, such fishing will be conducted; and 

(G) all applicable vessel safety standards imposed by the 

foreign country, and shall include written certification that 

the vessel is in compliance with those standards; and shall 

include any other pertinent information and material 

which the Secretary may require. 

(4) TRANSMITTAL FOR ACTION.—Upon receipt of any application which complies with the requirements of paragraph (3), 

the Secretary of State shall publish a notice of receipt of the 

application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in paragraph (3). The Secretary of State shall promptly transmit— (A) such application, together with his comments and 

recommendations thereon, to the Secretary; 

(B) a copy of the application to the Secretary of the department in which the Coast Guard is operating; and 

(C) a copy or a summary of the application to the appropriate Council. 

(5) ACTION BY COUNCIL.—After receiving a copy or summary 

of an application under paragraph (4)(C), the Council may prepare and submit to the Secretary such written comments on 

the application as it deems appropriate. Such comments shall 

be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, 

if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary. 

(6) APPROVAL.— (A) After receipt of any application transmitted under 

paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the 

Secretary of the department in which the Coast Guard is 

operating. The Secretary, after taking into consideration 

the views and recommendations of such Secretaries, and 

any comments submitted by any Council under paragraph 

(5), may approve, subject to subparagraph (B), the application, if he determines that the fishing described in the application will meet the requirements of this Act, or he may 

disapprove all or any portion of the application. 

(B)(i) In the case of any application which specifies that 

one or more foreign fishing vessels propose to receive at 

sea United States harvested fish from vessels of the 

United States, the Secretary may approve the application 

unless the Secretary determines, on the basis of the views, 

recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United 


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States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested 

fish from the fishery concerned. 

(ii) The amount or tonnage of United States harvested fish which may be received at sea during any 

year by foreign fishing vessels under permits approved 

under this paragraph may not exceed that portion of 

the optimum yield of the fishery concerned which will 

not be utilized by United States fish processors. 

(iii) In deciding whether to approve any application 

under this subparagraph, the Secretary may take into 

account, with respect to the foreign nation concerned, 

such other matters as the Secretary deems appropriate. 

(7) ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS.—The 

Secretary shall establish conditions and restrictions which 

shall be included in each permit issued pursuant to any application approved under paragraph (6) or subsection (d) and 

which must be complied with by the owner or operator of the 

fishing vessel for which the permit is issued. Such conditions 

and restrictions shall include the following: 

(A) All of the requirements of any applicable fishery 

management plan, or preliminary fishery management 

plan, and any applicable Federal or State fishing regulations. 

(B) The requirement that no permit may be used by any 

vessel other than the fishing vessel for which it is issued. 

(C) The requirements described in section 201(c)(1), (2), 

and (3). 

(D) If the permit is issued other than pursuant to an application approved under paragraph (6)(B) or subsection 

(d), the restriction that the foreign fishing vessel may not 

receive at sea United States harvested fish from vessels of 

the United States. 

(E) If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or 

tonnage of United States harvested fish which may be received at sea from vessels of the United States. 

(F) Any other condition and restriction related to fishery 

conservation and management which the Secretary prescribes as necessary and appropriate. 

(8) NOTICE OF APPROVAL.—The Secretary shall promptly 

transmit a copy of each application approved under paragraph 

(6) and the conditions and restrictions established under paragraph (7) to—

(A) the Secretary of State for transmittal to the foreign 

nation involved; 

(B) the Secretary of the department in which the Coast 

Guard is operating; and 

(C) any Council which has authority over any fishery 

specified in such application. 

(9) DISAPPROVAL OF APPLICATIONS.—If the Secretary does not 

approve any application submitted by a foreign nation under 

this subsection, he shall promptly inform the Secretary of 


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State of the disapproval and his reasons therefore. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after 

taking into consideration the reasons for disapproval, may submit a revised application under this subsection. 

(10) FEES.— (A) Fees shall be paid to the Secretary by the owner or 

operator of any foreign fishing vessel for which a permit 

has been issued pursuant to this section. The Secretary, in 

consultation with the Secretary of State, shall establish a 

schedule of reasonable fees that shall apply 

nondiscriminatorily to each foreign nation. 

(B) Amounts collected by the Secretary under this paragraph shall be deposited in the general fund of the Treasury. 

(11) ISSUANCE OF PERMITS.—If a foreign nation notifies the 

Secretary of State of its acceptance of the conditions and restrictions established by the Secretary under paragraph (7), 

the Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall 

thereupon issue to such foreign nation, through the Secretary 

of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all conditions 

and restrictions established under paragraph (7) which apply 

to the fishing vessel for which the permit is issued. 

(c) REGISTRATION PERMITS.—The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit 

for each fishing vessel of a foreign nation which is a party to an 

international fishery agreement under which foreign fishing is authorized by section 201(b) and which wishes to engage in fishing 

described in subsection (a). Each such permit shall set forth the 

terms and conditions contained in the agreement that apply with 

respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the 

permit is issued shall prominently display such permit in the 

wheelhouse of such vessel and show it, upon request, to any officer 

authorized to enforce the provisions of this Act (as provided for in 

section 311). The Secretary of State, after consultation with the 

Secretary and the Secretary of the department in which the Coast 

Guard is operating, shall prescribe the form and manner in which 

applications for registration permits may be made, and the forms 

of such permits. The Secretary of State may establish, require the 

payment of, and collect fees for registration permits; except that 

the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits. 

(d) TRANSSHIPMENT PERMITS.—

(1) AUTHORITY TO ISSUE PERMITS.—The Secretary may issue 

a transshipment permit under this subsection which authorizes 

a vessel other than a vessel of the United States to engage in 

fishing consisting solely of transporting fish or fish products at 

sea from a point within the exclusive economic zone or, with 

the concurrence of a State, within the boundaries of that State, 

to a point outside the United States to any person who—


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(A) submits an application which is approved by the Secretary under paragraph (3); and 

(B) pays a fee imposed under paragraph (7). 

(2) TRANSMITTAL.—Upon receipt of an application for a permit under this subsection, the Secretary shall promptly transmit copies of the application to the Secretary of State, Secretary of the department in which the Coast Guard is operating, any appropriate Council, and any affected State. 

(3) APPROVAL OF APPLICATION.—The Secretary may approve, 

in consultation with the appropriate Council or Marine Fisheries Commission, an application for a permit under this section if the Secretary determines that— (A) the transportation of fish or fish products to be conducted under the permit, as described in the application, 

will be in the interest of the United States and will meet 

the applicable requirements of this Act; 

(B) the applicant will comply with the requirements described in section 201(c)(2) with respect to activities authorized by any permit issued pursuant to the application; 

(C) the applicant has established any bonds or financial 

assurances that may be required by the Secretary; and 

(D) no owner or operator of a vessel of the United States 

which has adequate capacity to perform the transportation 

for which the application is submitted has indicated to the 

Secretary an interest in performing the transportation at 

fair and reasonable rates. 

(4) WHOLE OR PARTIAL APPROVAL.—The Secretary may approve all or any portion of an application under paragraph (3). 

(5) FAILURE TO APPROVE APPLICATION.—If the Secretary does 

not approve any portion of an application submitted under 

paragraph (1), the Secretary shall promptly inform the applicant and specify the reasons therefor. 

(6) CONDITIONS AND RESTRICTIONS.—The Secretary shall establish and include in each permit under this subsection conditions and restrictions, including those conditions and restrictions set forth in subsection (b)(7), which shall be complied 

with by the owner and operator of the vessel for which the permit is issued. 

(7) FEES.—The Secretary shall collect a fee for each permit 

issued under this subsection, in an amount adequate to recover 

the costs incurred by the United States in issuing the permit, 

except that the Secretary shall waive the fee for the permit if 

the foreign nation under which the vessel is registered does not 

collect a fee from a vessel of the United States engaged in similar activities in the waters of such foreign nation. 

(e) PACIFIC INSULAR AREAS.—

(1) NEGOTIATION OF PACIFIC INSULAR AREA FISHERY AGREE- MENTS.—The Secretary of State, with the concurrence of the 

Secretary and in consultation with any appropriate Council, 

may negotiate and enter into a Pacific Insular Area fishery 

agreement to authorize foreign fishing within the exclusive economic zone adjacent to a Pacific Insular Area—

(A) in the case of American Samoa, Guam, or the Northern Mariana Islands, at the request and with the concurVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00079 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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rence of, and in consultation with, the Governor of the Pacific Insular Area to which such agreement applies; and 

(B) in the case of a Pacific Insular Area other than 

American Samoa, Guam, or the Northern Mariana Islands, 

at the request of the Western Pacific Council. 

(2) AGREEMENT TERMS AND CONDITIONS.—A Pacific Insular 

Area fishery agreement— (A) shall not be considered to supersede any governing 

international fishery agreement currently in effect under 

this Act, but shall provide an alternative basis for the conduct of foreign fishing within the exclusive economic zone 

adjacent to Pacific Insular Areas; 

(B) shall be negotiated and implemented consistent only 

with the governing international fishery agreement provisions of this title specifically made applicable in this subsection; 

(C) may not be negotiated with a nation that is in violation of a governing international fishery agreement in effect under this Act; 

(D) shall not be entered into if it is determined by the 

Governor of the applicable Pacific Insular Area with respect to agreements initiated under paragraph (1)(A), or 

the Western Pacific Council with respect to agreements 

initiated under paragraph (1)(B), that such an agreement 

will adversely affect the fishing activities of the indigenous 

people of such Pacific Insular Area; 

(E) shall be valid for a period not to exceed three years 

and shall only become effective according to the procedures 

in section 203; and 

(F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), 

(2), (3) and (4)(A) of section 201(c), section 201 (d), and section 201(h). 

(3) PERMITS FOR FOREIGN FISHING.—

(A) Application for permits for foreign fishing authorized 

under a Pacific Insular Areas fishing agreement shall be 

made, considered and approved or disapproved in accordance with paragraphs (3), (4), (5), (6), (7)(A) and (B), (8), 

and (9) of subsection (b), and shall include any conditions 

and restrictions established by the Secretary in consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, the Governor of the applicable Pacific Insular Area, and the appropriate Council. 

(B) If a foreign nation notifies the Secretary of State of 

its acceptance of the requirements of this paragraph, paragraph (2)(F), and paragraph (5), including any conditions 

and restrictions established under subparagraph (A), the 

Secretary of State shall promptly transmit such notification to the Secretary. Upon receipt of any payment required under a Pacific Insular Area fishing agreement, the 

Secretary shall thereupon issue to such foreign nation, 

through the Secretary of State, permits for the appropriate 

fishing vessels of that nation. Each permit shall contain a 


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statement of all of the requirements, conditions, and restrictions established under this subsection which apply to 

the fishing vessel for which the permit is issued. 

(4) MARINE CONSERVATION PLANS.— (A) Prior to entering into a Pacific Insular Area fishery 

agreement, the Western Pacific Council and the appropriate Governor shall develop a 3-year marine conservation plan detailing uses for funds to be collected by the 

Secretary pursuant to such agreement. Such plan shall be 

consistent with any applicable fishery management plan, 

identify conservation and management objectives (including criteria for determining when such objectives have 

been met), and prioritize planned marine conservation 

projects. Conservation and management objectives shall 

include, but not be limited to— ø(i) establishment of Pacific Insular Area observer 

programs, approved by the Secretary in consultation 

with the Western Pacific Council, that provide observer coverage for foreign fishing under Pacific Insular Area fishery agreements that is at least equal in 

effectiveness to the program established by the Secretary under section 201(h);¿ 

(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; 

(ii) conduct of marine and fisheries research, including development of systems for information collection, 

analysis, evaluation, and reporting; 

(iii) conservation, education, and enforcement activities related to marine and coastal management, such 

as living marine resource assessments, habitat monitoring and coastal studies; 

(iv) grants to the University of Hawaii for technical 

assistance projects by the Pacific Island Network, such 

as education and training in the development and implementation of sustainable marine resources development projects, scientific research, and conservation 

strategies; and 

(v) western Pacific community-based demonstration 

projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvement projects to 

foster and promote the management, conservation, 

and economic enhancement of the Pacific Insular 

Areas. 

(B) In the case of American Samoa, Guam, and the 

Northern Mariana Islands, the appropriate Governor, with 

the concurrence of the Western Pacific Council, shall develop the marine conservation plan described in subparagraph (A) and submit such plan to the Secretary for approval. In the case of other Pacific Insular Areas, the 

Western Pacific Council shall develop and submit the maVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00081 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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rine conservation plan described in subparagraph (A) to 

the Secretary for approval. 

(C) If a Governor or the Western Pacific Council intends 

to request that the Secretary of State renew a Pacific Insular Area fishery agreement, a subsequent 3-year plan shall 

be submitted to the Secretary for approval by the end of 

the second year of the existing 3-year plan. 

(5) RECIPROCAL CONDITIONS.—Except as expressly provided 

otherwise in this subsection, a Pacific Insular Area fishing 

agreement may include terms similar to the terms applicable 

to United States fishing vessels for access to similar fisheries 

in waters subject to the fisheries jurisdiction of another nation. 

(6) USE OF PAYMENTS BY AMERICAN SAMOA, GUAM, NORTHERN MARIANA ISLANDS.—Any payments received by the Secretary under a Pacific Insular Area fishery agreement for 

American Samoa, Guam, or the Northern Mariana Islands 

shall be deposited into the United States Treasury and then 

covered over to the Treasury of the Pacific Insular Area for 

which those funds were collected. Amounts deposited in the 

Treasury of a Pacific Insular Area shall be available, without 

appropriation or fiscal year limitation, to the Governor of the 

Pacific Insular Area—

(A) to carry out the purposes of this subsection; 

(B) to compensate (i) the Western Pacific Council for mutually agreed upon administrative costs incurred relating 

to any Pacific Insular Area fishery agreement for such Pacific Insular Area, and (ii) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal representatives incurred as a direct result of complying with paragraph (1)(A); and 

(C) to implement a marine conservation plan developed 

and approved under paragraph (4). 

(7) WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.—There 

is established in the United States Treasury a Western Pacific 

Sustainable Fisheries Fund into which any payments received 

by the Secretary under a Pacific Insular Area fishery agreement and any funds or contributions received in support of conservation and management objectives under a marine conservation plan for any Pacific Insular Area other than American 

Samoa, Guam, or the Northern Mariana Islands shall be deposited. The Western Pacific Sustainable Fisheries Fund shall 

be made available, without appropriation or fiscal year limitation, to the Secretary, who shall provide such funds only to— (A) the Western Pacific Council for the purpose of carrying out the provisions of this subsection, including implementation of a marine conservation plan approved 

under paragraph (4); 

(B) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal representatives incurred as a direct result of complying with paragraph 

(1)(B); and 

(C) the Western Pacific Council to meet conservation and 

management objectives in the State of Hawaii if monies remain in the Western Pacific Sustainable Fisheries Fund 


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after the funding requirements of subparagraphs (A) and 

(B) have been satisfied. Amounts deposited in such fund 

shall not diminish funding received by the Western Pacific 

Council for the purpose of carrying out other responsibilities under this Act. 

(8) USE OF FINES AND PENALTIES.—In the case of violations 

occurring within the exclusive economic zone off American 

Samoa, Guam, or the Northern Mariana Islands, amounts received by the Secretary which are attributable to fines or penalties imposed under this Act, including such sums collected 

from the forfeiture and disposition or sale of property seized 

subject to its øauthority, after payment of direct costs of the 

enforcement action to all entities involved in such action,¿ 

shall be deposited into the Treasury of the Pacific Insular Area 

adjacent to the exclusive economic zone in which the violation 

occurred, to be used for fisheries enforcement and for implementation of a marine conservation plan under paragraph (4). 

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. 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 

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regulated 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. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND 

MANAGEMENT. 

[16 U.S.C. 1851] 

(a) IN GENERAL.—Any fishery management plan prepared, and 

any regulation promulgated to implement any such plan, pursuant 

to this title shall be consistent with the following national standards for fishery conservation and management. 

(1) Conservation and management measures shall prevent 

overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. 

(2) Conservation and management measures shall be based 

upon the best scientific information available. 

(3) To the extent practicable, an individual stock of fish shall 

be managed as a unit throughout its range, and interrelated 

stocks of fish shall be managed as a unit or in close coordination. 

(4) Conservation and management measures shall not discriminate between residents of different States. If it becomes 

necessary to allocate or assign fishing privileges among various 

United States fishermen, such allocation shall be 

(A) fair and equitable to all such fishermen; 

(B) reasonably calculated to promote conservation; and 

(C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive 

share of such privileges. 

(5) Conservation and management measures shall, where 

practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose. 

(6) Conservation and management measures shall take into 

account and allow for variations among, and contingencies in, 

fisheries, fishery resources, and catches. 

(7) Conservation and management measures shall, where 

practicable, minimize costs and avoid unnecessary duplication. 

(8) Conservation and management measures shall, consistent 

with the conservation requirements of this Act (including the 

prevention of overfishing and rebuilding of overfished stocks), 

take into account the importance of fishery resources to fishing 

communities by utilizing economic and social data and assessment methods based on the best economic and social information available, in order to (A) provide for the sustained particiVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00084 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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pation of such communities, and (B) to the extent practicable, 

minimize adverse economic impacts on such communities. 

(9) Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch. 

(10) Conservation and management measures shall, to the 

extent practicable, promote the safety of human life at sea. 

(b) GUIDELINES.—The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on 

the national standards, to assist in the development of fishery 

management plans. 

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. 

[16 U.S.C. 1852] 

(a) ESTABLISHMENT.— (1) There shall be established, within 120 days after the date 

of the enactment of this Act, eight Regional Fishery Management Councils, as follows: 

(A) NEW ENGLAND COUNCIL.—The New England Fishery 

Management Council shall consist of the States of Maine, 

New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the 

Atlantic Ocean seaward of such States (except as provided 

in paragraph (3). The New England Council shall have 18 

voting members, including 12 appointed by the Secretary 

in accordance with subsection (b)(2) (at least one of whom 

shall be appointed from each such State). 

(B) MID-ATLANTIC COUNCIL.—The Mid-Atlantic Fishery 

Management Council shall consist of the States of New 

York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over 

the fisheries in the Atlantic Ocean seaward of such States 

(except North Carolina, and as provided in paragraph (3). 

The Mid-Atlantic Council shall have 21 voting members, 

including 13 appointed by the Secretary in accordance 

with subsection (b)(2) (at least one of whom shall be appointed from each such State). 

(C) SOUTH ATLANTIC COUNCIL.—The South Atlantic 

Fishery Management Council shall consist of the States of 

North Carolina, South Carolina, Georgia, and Florida and 

shall have authority over the fisheries in the Atlantic 

Ocean seaward of such States (except as provided in paragraph (3). The South Atlantic Council shall have 13 voting 

members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall 

be appointed from each such State). 

(D) CARIBBEAN COUNCIL.—The Caribbean Fishery Management Council shall consist of the Virgin Islands and 

the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic 

Ocean seaward of such States and of commonwealths, territories, and possessions of the United States in the Caribbean Sea (except as provided in paragraph (3). The Caribbean Council shall have 7 voting members, including 4 apVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00085 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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pointed by the Secretary in accordance with subsection 

(b)(2) (at least one of whom shall be appointed from each 

such State). 

(E) GULF COUNCIL.—The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have 

authority over the fisheries in the Gulf of Mexico seaward 

of such States (except as provided in paragraph (3). The 

Gulf Council shall have 17 voting members, including 11 

appointed by the Secretary in accordance with subsection 

(b)(2) (at least one of whom shall be appointed from each 

such State). 

(F) PACIFIC COUNCIL.—The Pacific Fishery Management 

Council shall consist of the States of California, Oregon, 

Washington, and Idaho and shall have authority over the 

fisheries in the Pacific Ocean seaward of such States. The 

Pacific Council shall have 14 voting members, including 8 

appointed by the Secretary in accordance with subsection 

(b)(2) (at least one of whom shall be appointed from each 

such State), and including one appointed from an Indian 

tribe with Federally recognized fishing rights from California, Oregon, Washington, or Idaho in accordance with 

subsection (b)(5). 

(G) NORTH PACIFIC COUNCIL.—The North Pacific Fishery 

Management Council shall consist of the States of Alaska, 

Washington, and Oregon and shall have authority over the 

fisheries in the Arctic Ocean, Bering Sea, and Pacific 

Ocean seaward of Alaska. The North Pacific Council shall 

have 11 voting members, including 7 appointed by the Secretary in accordance with subsection (b)(2)(5 of whom shall 

be appointed from the State of Alaska and 2 of whom shall 

be appointed from the State of Washington). 

(H) WESTERN PACIFIC COUNCIL.—The Western Pacific 

Fishery Management Council shall consist of the States of 

Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in 

the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United 

States in the Pacific Ocean area. The Western Pacific 

Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection 

(b)(2) (at least one of whom shall be appointed from each 

of the following States: Hawaii, American Samoa, Guam, 

and the Northern Mariana Islands). 

(2) Each Council shall reflect the expertise and interest of 

the several constituent States in the ocean area over which 

such Council is granted authority. 

(3) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of 

authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, 

Gulf Council, and Caribbean Council. 

(b) VOTING MEMBERS.—

(1) The voting members of each Council shall be: 


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(A) The principal State official with marine fishery management responsibility and expertise in each constituent 

State, who is designated as such by the Governor of the 

State, so long as the official continues to hold such position, or the designee of such official. 

(B) The regional director of the National Marine Fisheries Service for the geographic area concerned, or his designee, except that if two such directors are within such 

geographical area, the Secretary shall designate which of 

such directors shall be the voting member. 

(C) The members required to be appointed by the Secretary in accordance with paragraphs (2) and (5). 

(2)(A) The members of each Council required to be appointed 

by the Secretary must be individuals who, by reason of their 

occupational or other experience, scientific expertise, or training, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of the fishery resources of the geographical area concerned. Within nine 

months after the date of enactment of the Fishery Conservation Amendments of 1990, the Secretary shall, by regulation, 

prescribe criteria for determining whether an individual satisfies the requirements of this subparagraph. 

(B) The Secretary, in making appointments under this 

section, shall, to the extent practicable, ensure a fair and 

balanced apportionment, on a rotating or other basis, of 

the active participants (or their representatives) in the 

commercial and recreational fisheries under the jurisdiction of the Council. On January 31, 1991, and each year 

thereafter, the Secretary shall submit to the Committee on 

Commerce, Science, and Transportation of the Senate and 

the Committee on Merchant Marine and Fisheries of the 

House of Representatives a report on the actions taken by 

the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall—

(i) list the fisheries under the jurisdiction of each 

Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods 

employed, the number of participants, the duration 

and range of the fishery, and other distinguishing 

characteristics; 

(ii) assess the membership of each Council in terms 

of the apportionment of the active participants in each 

such fishery; and 

(iii) state the Secretary’s plans and schedule for actions to achieve a fair and balanced apportionment on 

the Council for the active participants in any such 

fishery. 

(C) The Secretary shall appoint the members of each 

Council from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may 

not submit the names of individuals to the Secretary for 

appointment unless the Governor has determined that 

each such individual is qualified under the requirements of 

subparagraph (A) and unless the Governor has, to the exVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00087 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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tent practicable, first consulted with representatives of the 

commercial and recreational fishing interests of the State 

regarding those individuals. Each such list shall include 

the names and pertinent biographical data of not less than 

three individuals for each applicable vacancy and shall be 

accompanied by a statement by the Governor explaining 

how each such individual meets the requirements of subparagraph (A). The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the 

list are qualified for the vacancy on the basis of such requirements. If the Secretary determines that any individual is not qualified, the Secretary shall notify the appropriate Governor of that determination. The Governor 

shall then submit a revised list or resubmit the original 

list with an additional explanation of the qualifications of 

the individual in question. An individual is not eligible for 

appointment by the Secretary until that individual complies with the applicable financial disclosure requirements 

under subsection (k). 

(D)(i) The Secretary shall appoint to the Gulf of Mexico Fisheries 

Management Council—

(I) 5 representatives of the commercial fishing sector; 

(II) 5 representatives of the recreational fishing and charter 

fishing sectors; and 

(III) 1 other individual who is knowledgeable regarding the 

conservation and management of fisheries resources in the jurisdiction of the Council. 

(ii) The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf of 

Mexico Fisheries Management Council under subparagraph (C) 

shall include—

(I) at least 1 nominee each from the commercial, recreational, 

and charter fishing sectors; and 

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

the jurisdiction of the Council. 

(iii) If the Secretary determines that the list of names submitted 

by the Governor does not meet the requirements of clause (ii), the 

Secretary shall—

(I) publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the requirement 

not met for appointment to the Council; and 

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

the public who meets the unmet requirement to the list of names 

submitted by the Governor. 

(iv) For purposes of clause (ii), an individual who owns or operates a fish farm outside of the Unites States shall not be considered 

to be a representative of the commercial fishing sector. 

ø(D)¿ (E) Whenever the Secretary makes an appointment to a 

Council, the Secretary shall make a public announcement of such 

appointment not less than 45 days before the first day on which 

the individual is to take office as a member of the Council. 


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(3) Each voting member appointed to a Council by the Secretary in accordance with paragraphs (2) and (5) shall serve for 

a term of 3 years; except that the Secretary may designate a 

shorter term if necessary to provide for balanced expiration to 

terms of office. No member appointed after January 1, 1986, 

may serve more than three consecutive terms. Any term in 

which an individual was appointed to replace a member who 

left office during the term shall not be counted in determining 

the number of consecutive terms served by that Council member. 

(4) Successors to the voting members of any Council shall be 

appointed in the same manner as the original voting members. 

Any individual appointed to fill a vacancy occurring prior to 

the expiration of any term of office shall be appointed for the 

remainder of that term. 

(5)(A) The Secretary shall appoint to the Pacific Council one 

representative of an Indian tribe with Federally recognized 

fishing rights from California, Oregon, Washington, or Idaho 

from a list of not less than 3 individuals submitted by the tribal governments. The Secretary, in consultation with the Secretary of the Interior and tribal governments, shall establish 

by regulation the procedure for submitting a list under this 

subparagraph. 

(B) Representation shall be rotated among the tribes 

taking into consideration— (i) the qualifications of the individuals on the list referred to in subparagraph (A), 

(ii) the various rights of the Indian tribes involved 

and judicial cases that set forth how those rights are 

to be exercised, and 

(iii) the geographic area in which the tribe of the 

representative is located. 

(C) A vacancy occurring prior to the expiration of any 

term shall be filled in the same manner as set out in subparagraphs (A) and (B), except that the Secretary may use 

the list from which the vacating representative was chosen. 

(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. 

(6) The Secretary may remove for cause any member of a 

Council required to be appointed by the Secretary in accordance with paragraphs (2) or (5) if—

(A) the Council concerned first recommends removal by 

not less than two-thirds of the members who are voting 

members and submits such removal recommendation to 

the Secretary in writing together with a statement of the 

basis for the recommendation; or 

(B) the member is found by the Secretary, after notice 

and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed 

an act prohibited by section 307(1)(O). 


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(c) NONVOTING MEMBERS.— (1) The nonvoting members of each Council shall be: 

(A) The regional or area director of the United States 

Fish and Wildlife Service for the geographical area concerned, or his designee. 

(B) The commander of the Coast Guard district for the 

geographical area concerned, or his designee; except that, 

if two Coast Guard districts are within such geographical 

area, the commander designated for such purpose by the 

commandant of the Coast Guard. 

(C) The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his 

designee. 

(D) One representative of the Department of State designated for such purpose by the Secretary of State, or his 

designee. 

(2) The Pacific Council shall have one additional nonvoting 

member who shall be appointed by, and serve at the pleasure 

of, the Governor of Alaska. 

(d) COMPENSATION AND EXPENSES.—The voting members of each 

Council who are required to be appointed by the Secretary and who 

are not employed by the Federal Government or any State or local 

government, shall receive compensation at the daily rate for GS-15, 

step 7 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each 

Council, any nonvoting member described in subsection (c)(1)(C), 

and the nonvoting member appointed pursuant to subsection (c)(2) 

shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council 

staff members may be reimbursed for actual expenses. 

(e) TRANSACTION OF BUSINESS.— (1) A majority of the voting members of any Council shall 

constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any 

Council shall be by majority vote of the voting members 

present and voting. 

(2) The voting members of each Council shall select a Chairman for such Council from among the voting members. 

(3) Each Council shall meet at appropriate times and places 

in any of the constituent States of the Council at the call of the 

Chairman or upon the request of a majority of its voting members. 

(4) If any voting member of a Council disagrees with respect 

to any matter which is transmitted to the Secretary by such 

Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement. The regional director of the National Marine Fisheries Service serving on the Council, or the regional director’s designee, shall 

submit such a statement, which shall be made available to the 

public upon request, if the regional director disagrees with any 

such matter. 

(5) At the request of any voting member of a Council, the 

Council shall hold a roll call vote on any matter before the 

Council. The official minutes and other appropriate records of 


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any Council meeting shall identify all roll call votes held, the 

name of each voting member present during each roll call vote, 

and how each member voted on each roll call vote. 

(f) STAFF AND ADMINISTRATION.— (1) Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative 

employees as the Secretary determines are necessary to the 

performance of its functions. 

(2) Upon the request of any Council, and after consultation 

with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of 

the personnel of such agency, to assist such Council in the performance of its functions under this Act. 

(3) The Secretary shall provide to each Council such administrative and technical support services as are necessary for 

the effective functioning of such Council. 

(4) The Administrator of General Services shall furnish each 

Council with such offices, equipment, supplies, and services as 

he is authorized to furnish to any other agency or instrumentality of the United States. 

(5) The Secretary and the Secretary of State shall furnish 

each Council with relevant information concerning foreign fishing and international fishery agreements. 

(6) Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. The procedures of a 

Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection 

(i)(2). Each Council shall publish and make available to the 

public a statement of its organization, practices, and procedures. 

(7) The Secretary shall pay—

(A) the compensation and expenses provided for in subsection (d); 

(B) appropriate compensation to employees appointed 

under paragraph (1); 

(C) the amounts required for reimbursement of other 

Federal agencies under paragraphs (2) and (4); 

(D) the actual expenses of the members of the committees and panels established under subsection (g); and 

(E) such other costs as the Secretary determines are necessary to the performance of the functions of the Councils. 

ø(g) COMMITTEES AND PANELS.—(1) Each Council shall establish 

and maintain, and appoint the members of, a scientific and statistical committee to assist it in the development, collection, and evaluation 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.¿ 

(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 


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such statistical, biological, economic, social, and other scientific 

information as is relevant to such Council’s development and 

amendment of any fishery management plan. 

(B) Each scientific and statistical committee shall provide its 

Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological 

catch or maximum sustainable yield, and reports on stock status and health, bycatch, habitat status, socio-economic impacts 

of management measures, and sustainability of fishing practices. 

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

statistical committees shall be Federal employees, State employees, academicians, or independent experts with strong scientific 

or technical credentials and experience. 

(D) The Secretary and each Council may establish a peer review process for that Council for scientific information used to 

advise the Council about the conservation and management of 

the fishery. The review process, which may include existing 

committees or panels, is deemed to satisfy the requirements of 

the guidelines issued pursuant to section 515 of the Treasury 

and General Government Appropriations Act for Fiscal year 

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

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

Secretary may pay a stipend to members of the scientific 

and statistical committees or advisory panels who are not 

employed by the Federal government or a State marine 

fisheries agency. 

(2) Each Council shall establish such øother¿ advisory panels 

as are necessary or appropriate to assist it in carrying out its 

functions under this Act. 

(3)(A) Each Council shall establish and maintain a fishing 

industry advisory committee which shall provide information 

and recommendations on, and assist in the development of, 

fishery management plans and amendments to such plans. 

(B) Appointments to a committee established under subparagraph (A) shall be made by each Council in such a manner as 

to provide fair representation to commercial fishing interests in 

the geographical area of authority of the Council. 

(4) The Secretary shall establish advisory panels to assist in 

the collection and evaluation of information relevant to the development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each advisory panel shall participate in all aspects of the development 

of the plan or amendment; be balanced in its representation of 

commercial, recreational, and other interests; and consist of 

not less than 7 individuals who are knowledgeable about the 

fishery for which the plan or amendment is developed, selected 

from among—

(A) members of advisory committees and species working 

groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory 

species; and 

(B) other interested persons. 


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(5) Decisions and recommendations made by committees and 

panels established under this subsection shall be considered to 

be advisory in nature. 

(h) FUNCTIONS.—Each Council shall, in accordance with the provisions of this Act— (1) for each fishery under its authority that requires conservation and management, prepare and submit to the Secretary (A) a fishery management plan, and (B) amendments to 

each such plan that are necessary from time to time (and 

promptly whenever changes in conservation and management 

measures in another fishery substantially affect the fishery for 

which such plan was developed); 

(2) prepare comments on any application for foreign fishing 

transmitted to it under section 204(b)(4)(C) or section 204(d), 

and any fishery management plan or amendment transmitted 

to it under section 304(c)(4); 

(3) conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to 

allow all interested persons an opportunity to be heard in the 

development of fishery management plans and amendments to 

such plans, and with respect to the administration and implementation of the provisions of this Act (and for purposes of this 

paragraph, the term ‘‘geographical area concerned’’ may include an area under the authority of another Council if the fish 

in the fishery concerned migrate into, or occur in, that area or 

if the matters being heard affect fishermen of that area; but 

not unless such other Council is first consulted regarding the 

conduct of such hearings within its area); 

(4) submit to the Secretary such periodic reports as the 

Council deems appropriate, and any other relevant report 

which may be requested by the Secretary; 

(5) review on a continuing basis, and revise as appropriate, 

the assessments and specifications made pursuant to section 

303(a)(3) and (4) with respect to the optimum yield from, the 

capacity and extent to which United States fish processors will 

process United States harvested fish from, and the total allowable level of foreign fishing in, each fishery (except as provided 

in subsection (a)(3)) within its geographical area of øauthority, 

and¿ authority; 

(6) adopt annual catch limits for each of its managed fisheries after considering the recommendations of its scientific and 

statistical committee or the peer review process established 

under subsection (g); and’’. 

ø(6)¿ (7) conduct any other activities which are required by, 

or provided for in, this Act or which are necessary and appropriate to the foregoing functions. 

(i) PROCEDURAL MATTERS.—

(1) The Federal Advisory Committee Act (5 U.S.C. App. 1) 

shall not apply øto the Councils or to the scientific and statistical committees or advisory panels established under subsection (g).¿ 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). 


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(2) The following guidelines apply with respect to the conduct of business at meetings øof a Council, and of the scientific 

and statistical committee and advisory panels established 

under subsection (g):¿ 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): 

(A) Unless closed in accordance with paragraph (3), each 

regular meeting and each emergency meeting shall be 

open to the public. 

(B) Emergency meetings shall be held at the call of the 

chairman or equivalent presiding officer. 

(C) Timely public notice of each regular meeting and 

each emergency meeting, including the time, place, and 

agenda of the meeting, shall be øpublished in local newspapers¿ provided by any means that will result in wide 

publicity (except that e-mail notification and website postings alone are not sufficient) in the major fishing ports of 

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

interest in the affected øfishery) and such notice may be 

given by such other means as will result in wide publicity.¿ fishery). Timely notice of each regular meeting 

shall also be published in the Federal Register. The published agenda of the meeting may not be modified to include additional matters for Council action without public 

notice or within 14 days prior to the meeting date, unless 

such modification is to address an emergency action under 

section 305(c), in which case public notice shall be given 

immediately. 

(D) Interested persons shall be permitted to present oral 

or written statements regarding the matters on the agenda 

at meetings. All written information submitted to a Council by an interested person shall include a statement of the 

source and date of such information. Any oral or written 

statement shall include a brief description of the background and interests of the person in the subject of the 

oral or written statement. 

(E) Detailed minutes of each meeting of the Council, except for any closed session, shall be kept and shall contain 

a record of the persons present, a complete and accurate 

description of matters discussed and conclusions reached, 

and copies of all statements filed. The Chairman shall certify the accuracy of the minutes of each such meeting and 

submit a copy thereof to the Secretary. The minutes shall 

be made available to any court of competent jurisdiction. 

(F) Subject to the procedures established under paragraph (4), and the guidelines prescribed by the Secretary 

under section 402(b), relating to confidentiality, the administrative record, including minutes required under subparagraph (E), of each meeting, and records or other documents which were made available to or prepared for or by 

the Council, committee, or panel incident to the meeting, 

shall be available for public inspection and copying at a 


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single location in the offices of the Council or the Secretary, as appropriate. 

(3)(A) Each Council, the Council Coordination Committee established under subsection (1), scientific and statistical committee, other committee, and advisory panel—

(i) shall close any meeting, or portion thereof, that 

concerns matters or information that bears a national 

security classification; and 

(ii) may close any meeting, or portion thereof, that 

concerns matters or information that pertains to national security, employment matters, or briefings on 

litigation in which the Council is interested. 

Subparagraphs (D) and (F) of paragraph (2) shall not apply to 

any meeting or portion thereof that is so closed. 

(B) If any meeting or portion is closed, the Council concerned shall ønotify local newspapers¿ provide notice by 

any means that will result in wide publicity in the major 

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

fishing ports), including in that notification the time and 

place of the meeting. This subparagraph does not require 

notification regarding any brief closure of a portion of a 

meeting in order to discuss employment or other internal 

administrative matters. 

(4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private persons; including, but not 

limited to, procedures for the restriction of Council employee 

access and the prevention of conflicts of interest; except that 

such procedures, in the case of statistics submitted to the 

Council by a State or by the Secretary under section 402(b), 

must be consistent with the laws and regulations of that State, 

or with the procedures of the Secretary, as the case may be, 

concerning the confidentiality of the statistics. 

(5) Each Council shall specify those procedures that are necessary or appropriate to ensure that the committees and advisory panels established under subsection (g) are involved, on a 

continuing basis, in the development and amendment of fishery management plans. 

(6) At any time when a Council determines it appropriate to 

consider new information from a State or Federal agency or 

from a Council advisory body, the Council shall give comparable consideration to new information offered at that time 

by interested members of the public. Interested parties shall 

have a reasonable opportunity to respond to new data or information before the Council takes final action on conservation 

and management measures. 

(j) DISCLOSURE OF FINANCIAL INTEREST AND RECUSAL.—

(1) For the purposes of this subsection—

(A) the term ‘‘affected individual’’ means an individual 

who—


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(i) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2); or 

(ii) is a voting member of a Council appointed—

(I) under subsection (b)(2); or 

(II) under subsection (b)(5) who is not subject to 

disclosure and recusal requirements under the 

laws of an Indian tribal government; and 

(B) the term ‘‘designated official’’ means a person with 

expertise in Federal conflict-of-interest requirements who 

is designated by the Secretary, in consultation with the 

Council, to attend Council meetings and make determinations under paragraph (7)(B). 

(2) Each affected individual must disclose any financial interest held by—

(A) that individual; 

(B) the spouse, minor child, or partner of that individual; 

and 

(C) any organization (other than the Council) in which 

that individual is serving as an officer, director, trustee, 

partner, or employee; in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will 

be, undertaken within any fishery over which the Council 

concerned has øjurisdiction.¿ jurisdiction, or with respect 

to any other individual or organization with a financial interest in such activity. 

(3) The disclosure required under paragraph (2) shall be 

made—

(A) in the case of an affected individual referred to in 

paragraph (1)(A)(i), before appointment by the Secretary; 

and 

(B) in the case of an affected individual referred to in 

paragraph (1)(A)(ii), within 45 days of taking office. 

(4) An affected individual referred to in paragraph (1)(A)(ii) 

must update his or her disclosure form at any time any such 

financial interest is acquired, or substantially changed, by any 

person referred to in paragraph (2)(A), (B), or (C). 

(5) The financial interest disclosures required by this subsection shall—

(A) be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation prescribe; 

ø(B) be kept on file, and made available for public inspection at reasonable hours, at the Council offices; and¿ 

(B) be kept on file by the Council and made available on 

the Internet and for public inspection at the Council offices 

during reasonable times; and 

(C) be kept on file by the Secretary for use in reviewing 

determinations under paragraph (7)(B) and made available 

for public inspection at reasonable hours. 

(6) The participation by an affected individual referred to in 

paragraph (1)(A)(ii) in an action by a Council during any time 

in which that individual is not in compliance with the regulaVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00096 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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tions prescribed under paragraph (5) may not be treated as 

cause for the invalidation of that action. 

(7)(A) After the effective date of regulations promulgated 

under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph 

(2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A 

Council decision shall be considered to have a significant and 

predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of 

the affected individual relative to the financial interests of 

other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate 

in Council deliberations relating to the decision after notifying 

the Council of the voting recusal and identifying the financial 

interest that would be affected. 

(B) At the request of an affected individual, or upon the 

initiative of the appropriate designated official, the designated official shall make a determination for the record 

whether a Council decision would have a significant and 

predictable effect on a financial interest. 

(C) Any Council member may submit a written request 

to the Secretary to review any determination by the designated official under subparagraph (B) within 10 days of 

such determination. Such review shall be completed within 

30 days of receipt of the request. 

(D) Any affected individual who does not vote in a Council decision in accordance with this subsection may state 

for the record how he or she would have voted on such decision if he or she had voted. 

(E) If the Council makes a decision before the Secretary 

has reviewed a determination under subparagraph (C), the 

eventual ruling may not be treated as cause for the invalidation or reconsideration by the Secretary of such decision. 

(F) The Secretary, in consultation with the Councils and 

by not later than one year from the date of enactment of 

the Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in 

accordance with subparagraph (A), and which allow for the 

making of determinations under subparagraphs (B) and 

(C). 

(8) Section 208 of title 18, United States Code, does not 

apply to an affected individual referred to in paragraph 

(1)(A)(ii) during any time in which that individual is in compliance with the regulations prescribed under paragraph (5). 

(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. 

(k) COUNCIL TRAINING PROGRAM.—


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(1) TRAINING COURSE.—Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and 

Management Reauthorization Act of 2005, the Secretary, in consultation with the Councils and the National Sea Grant College 

Program, shall develop a training course for newly appointed 

Council members. The course may cover a variety of topics relevant to matters before the Councils, including—

(A) fishery science and basic stock assessment methods; 

(B) fishery management techniques, data needs, and 

Council procedures; 

(C) social science and fishery economics; 

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

other rights related to Western Pacific indigenous communities; 

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

interest and disclosure provisions of this section and related policies; 

(F) other relevant legal and regulatory requirements, including the National Environmental Policy Act (42 U.S.C. 

4321 et seq.); 

(G) public process for development of fishery management 

plans; and 

(H) other topics suggested by the Council. 

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

made available to committee or advisory panel members as resources allow. 

(l) COUNCIL COORDINATION COMMITTEE.—The Councils may establish a Council coordination committee consisting of the chairs, 

vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in 

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

related to the implementation of this Act. 

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS. 

[16 U.S.C. 1853] 

(a) REQUIRED PROVISIONS.—Any fishery management plan which 

is prepared by any Council, or by the Secretary, with respect to any 

fishery, shall—

(1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United 

States, which are—

(A) necessary and appropriate for the conservation and 

management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery; 

(B) described in this subsection or subsection (b), or 

both; and 

(C) consistent with the national standards, the other 

provisions of this Act, regulations implementing recommendations by international organizations in which the 

United States participates (including but not limited to 

closed areas, quotas, and size limits), and any other applicable law; 


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(2) contain a description of the fishery, including, but not 

limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their 

location, the cost likely to be incurred in management, actual 

and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing 

and Indian treaty fishing rights, if any; 

(3) assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield 

from, the fishery, and include a summary of the information 

utilized in making such specification; 

(4) assess and specify— (A) the capacity and the extent to which fishing vessels 

of the United States, on an annual basis, will harvest the 

optimum yield specified under paragraph (3), 

(B) the portion of such optimum yield which, on an annual basis, will not be harvested by fishing vessels of the 

United States and can be made available for foreign fishing, and 

(C) the capacity and extent to which United States fish 

processors, on an annual basis, will process that portion of 

such optimum yield that will be harvested by fishing vessels of the United States; 

(5) specify the pertinent data which shall be submitted to the 

Secretary with respect to commercial, recreational, øand charter fishing¿ charter fishing, and fish processing in the fishery, 

including, but not limited to, information regarding the type 

and quantity of fishing gear used, catch by species in numbers 

of fish or weight thereof, areas in which fishing was engaged 

in, time of fishing, number of hauls, economic information necessary to meet the requirements of this Act, and the estimated 

processing capacity of, and the actual processing capacity utilized by, United States fish processors, 

(6) consider and provide for temporary adjustments, after 

consultation with the Coast Guard and persons utilizing the 

fishery, regarding access to the fishery for vessels otherwise 

prevented from harvesting because of weather or other ocean 

conditions affecting the safe conduct of the fishery; except that 

the adjustment shall not adversely affect conservation efforts 

in other fisheries or discriminate among participants in the affected fishery; 

(7) describe and identify essential fish habitat for the fishery 

based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such 

habitat; 

(8) in the case of a fishery management plan that, after January 1, 1991, is submitted to the Secretary for review under 

section 304(a) (including any plan for which an amendment is 

submitted to the Secretary for such review) or is prepared by 

the Secretary, assess and specify the nature and extent of scientific data which is needed for effective implementation of the 

plan; 


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(9) include a fishery impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted 

to or prepared by the Secretary after October 1, 1990) which 

shall assess, specify, and ødescribe the likely effects, if any, of 

the conservation and management measures on—¿ analyze the 

likely effects, if any, including the cumulative economic and social impacts, of the conservation and management measures on, 

and possible mitigation measures for— (A) participants in the fisheries and fishing communities 

affected by the plan or amendment; and 

(B) participants in the fisheries conducted in adjacent 

areas under the authority of another Council, after consultation with such Council and representatives of those 

participants; 

(10) specify objective and measurable criteria for identifying 

when the fishery to which the plan applies is overfished (with 

an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks 

of fish in that fishery) and, in the case of a fishery which the 

Council or the Secretary has determined is approaching an 

overfished condition or is overfished, contain conservation and 

management measures to prevent overfishing or end overfishing and rebuild the fishery; 

(11) establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, 

and include conservation and management measures that, to 

the extent practicable and in the following priority— (A) minimize bycatch; and 

(B) minimize the mortality of bycatch which cannot be 

avoided; 

(12) assess the type and amount of fish caught and released 

alive during recreational fishing under catch and release fishery management programs and the mortality of such fish, and 

include conservation and management measures that, to the 

extent practicable, minimize mortality and ensure the extended survival of such fish; 

(13) include a description of the commercial, recreational, 

and charter fishing sectors which participate in the øfishery¿ 

fishery, including their economic impact, and, to the extent 

practicable, quantify trends in landings of the managed fishery 

resource by the commercial, recreational, and charter fishing 

sectors; øand¿ 

(14) to the extent that rebuilding plans or other conservation 

and management measures which reduce the overall harvest in 

a fishery are necessary, øallocate¿ allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector, any harvest restrictions or recovery benefits fairly and equitably 

among the commercial, recreational, and charter fishing sectors in the øfishery.¿ fishery; and 

(15) provide a mechanism for specifying annual catch limits 

in the plan (including a multiyear plan), the implementing regulations, or the annual specifications that shall be established 

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tion available at a level that does not exceed optimum yield, 

and, for purposes of which harvests exceeding the specified annual catch limit (including the specified annual catch limit for 

a sector) shall either be deducted from the following year’s annual catch limit (including the annual catch limit for that sector), or by adjusting other management measures and input 

controls such that the fishing mortality rate for the following 

year is reduced to account for the overage to achieve the overfishing and rebuilding objectives of the plan for that sector. 

(b) DISCRETIONARY PROVISIONS.—Any fishery management plan 

which is prepared by any Council, or by the Secretary, with respect 

to any fishery, may—

(1) require a permit to be obtained from, and fees to be paid 

to, the Secretary, with respect to—

(A) any fishing vessel of the United States fishing, or 

wishing to fish, in the exclusive economic zone, or for 

anadromous species or Continental Shelf fishery resources 

beyond such zone; 

(B) the operator of any such vessel; or 

(C) any United States fish processor who first receives 

fish that are subject to the plan; 

(2)(A) designate zones where, and periods when, fishing shall 

be limited, or shall not be permitted, or shall be permitted only 

by specified types of fishing vessels or with specified types and 

quantities of fishing gear; 

(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 to all fisheries managed under this Act, 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) establish specified limitations which are necessary and 

appropriate for the conservation and management of the fishery on the—

(A) catch of fish (based on area, species, size, number, 

weight, sex, bycatch, total biomass, or other factors); 

(B) sale of fish caught during commercial, recreational, 

or charter fishing, consistent with any applicable Federal 

and State safety and quality requirements; and 


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(C) transshipment or transportation of fish or fish products under permits issued pursuant to section 204; 

(4) prohibit, limit, condition, or require the use of specified 

types and quantities of fishing gear, fishing vessels, or equipment for such vessels, including devices which may be required 

to facilitate enforcement of the provisions of this Act; 

(5) incorporate (consistent with the national standards, the 

other provisions of this Act, and any other applicable law) the 

relevant fishery conservation and management measures of the 

coastal States nearest to the øfishery;¿ fishery and take into 

account the different circumstances affecting fisheries from different States and port, including distances to fishing grounds 

and proximity to time and area closures; 

ø(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— ø(A) present participation in the fishery, 

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

the fishery, 

ø(C) the economics of the fishery, 

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

to engage in other fisheries, 

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

fishery and any affected fishing communities, and 

ø(F) any other relevant considerations;¿ 

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

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

Council and the Secretary take into account— (A) the conservation requirements of this Act with respect 

to the fishery; 

(B) present participation in the fishery; 

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

fishery; 

(D) the economics of the fishery; 

(E) the capability of fishing vessels used in the fishery to 

engage in other fisheries; 

(F) the cultural and social framework relevant to the 

fishery and any affected fishing communities; 

(G) the fair and equitable distribution of access privileges 

to a public resource; and 

(H) any other relevant considerations; 

(7) require fish processors who first receive fish that are subject to the plan to submit data ø(other than economic data)¿ 

which are necessary for the conservation and management of 

the fishery; 

(8) require that one or more observers be carried on board 

a vessel of the United States engaged in fishing for species 

that are subject to the plan, for the purpose of collecting data 

necessary for the conservation and management of the fishery; 

except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering 

of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or 

the safe operation of the vessel would be jeopardized; 


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(9) assess and specify the effect which the conservation and 

management measures of the plan will have on the stocks of 

naturally spawning anadromous fish in the region; 

(10) include, consistent with the other provisions of this Act, 

conservation and management measures that provide harvest 

incentives for participants within each gear group to employ 

fishing practices that result in lower levels of bycatch or in 

lower levels of the mortality of bycatch; 

(11) reserve a portion of the allowable biological catch of the 

fishery for use in scientific research; øand¿ 

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

(13) include management measures in the plan to conserve 

target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and 

ø(12)¿ (14) prescribe such other measures, requirements, or 

conditions and restrictions as are determined to be necessary 

and appropriate for the conservation and management of the 

fishery. 

(c) PROPOSED REGULATIONS.—Proposed regulations which the 

Council deems necessary or appropriate for the purposes of— (1) implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with 

the plan or amendment under section 304; and 

(2) making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to 

the Secretary at any time after the plan or amendment is approved under section 304. 

ø(d) INDIVIDUAL FISHING QUOTAS.—(1)(A) A Council may not submit and the Secretary may not approve or implement before October 1, 2002, any fishery management plan, plan amendment, or 

regulation under this Act which creates a new individual fishing 

quota program. 

ø(B) Any fishery management plan, plan amendment, or regulation approved by the Secretary on or after January 4, 1995, 

which creates any new individual fishing quota program shall 

be repealed and immediately returned by the Secretary to the 

appropriate Council and shall not be resubmitted, reapproved, 

or implemented during the moratorium set forth in subparagraph (A). 

ø(2)(A) No provision of law shall be construed to limit the authority of a Council to submit and the Secretary to approve the termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan, plan 

amendment, or regulation that provides for a limited access system, including an individual fishing quota program. 

ø(B) This subsection shall not be construed to prohibit a Council 

from submitting, or the Secretary from approving and implementing, amendments to the North Pacific halibut and sablefish, 

South Atlantic wreckfish, or Mid-Atlantic surf clam and ocean (including mahogany) quahog individual fishing quota programs. 

ø(3) An individual fishing quota or other limited access system 

authorization—


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ø(A) shall be considered a permit for the purposes of sections 

307, 308, and 309; 

ø(B) may be revoked or limited at any time in accordance 

with this Act; 

ø(C) shall not confer any right of compensation to the holder 

of such individual fishing quota or other such limited access 

system authorization if it is revoked or limited; and 

ø(D) shall not create, or be construed to create, any right, 

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

ø(4)(A) A Council may submit, and the Secretary may approve 

and implement, a program which reserves up to 25 percent of any 

fees collected from a fishery under section 304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 

U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing 

the— ø(i) purchase of individual fishing quotas in that fishery by 

fishermen who fish from small vessels; and 

ø(ii) first-time purchase of individual fishing quotas in that 

fishery by entry level fishermen. 

ø(B) A Council making a submission under subparagraph (A) 

shall recommend criteria, consistent with the provisions of this Act, 

that a fisherman must meet to qualify for guarantees under clauses 

(i) and (ii) of subparagraph (A) and the portion of funds to be allocated for guarantees under each clause. 

ø(5) In submitting and approving any new individual fishing 

quota program on or after October 1, 2002, the Councils and the 

Secretary shall consider the report of the National Academy of 

Sciences required under section 108(f) of the Sustainable Fisheries 

Act, and any recommendations contained in such report, and shall 

ensure that any such program— ø(A) establishes procedures and requirements for the review 

and revision of the terms of any such program (including any 

revisions that may be necessary once a national policy with respect to individual fishing quota programs is implemented), 

and, if appropriate, for the renewal, reallocation, or reissuance 

of individual fishing quotas; 

ø(B) provides for the effective enforcement and management 

of any such program, including adequate observer coverage, 

and for fees under section 304(d)(2) to recover actual costs directly related to such enforcement and management; and 

ø(C) provides for a fair and equitable initial allocation of individual fishing quotas, prevents any person from acquiring an 

excessive share of the individual fishing quotas issued, and 

considers the allocation of a portion of the annual harvest in 

the fishery for entry-level fishermen, small vessel owners, and 

crew members who do not hold or qualify for individual fishing 

quotas.¿ 

SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 

(a) IN GENERAL.—After the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization Act 

of 2005, 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. 


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(b) NO CREATION OF RIGHT, TITLE, OR INTEREST.—A limited access system, limited access privilege, quota share, or other authorization established, implemented, or managed under this Act— (1) shall be considered a permit for the purposes of sections 

307, 308, and 309; 

(2) may be revoked, limited, or modified at any time in accordance with this Act, including revocation for failure to comply with the terms of the plan or if the system is found to have 

jeopardized the sustainability of the stock or the safety of fishermen; 

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

of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or 

modified; 

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

or interest in or to any fish before the fish is harvested by the 

holder; and 

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

the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share. 

(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.— (1) IN GENERAL.—In addition to complying with the other requirements of this Act, any limited access privilege program to 

harvest fish submitted by a Council or approved by the Secretary under this section shall— (A) if established in a fishery that is overfished or subject 

to a rebuilding plan, assist in its rebuilding; and 

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

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

reducing capacity; 

(C) promote— (i) the safety of human life at sea; and 

(ii) the conservation and management of the fishery; 

(D) prohibit any person other than a United States citizen, a corporation, partnership, or other entity established 

under the laws of the United States or any State, or a permanent resident alien, that meets the eligibility and participation requirements established in the program from acquiring a privilege to harvest fish; 

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

privilege program be processed by vessels of the United 

States, in United States waters, or on United States soil 

(including any territory of the United States). 

(F) specify the goals of the program; 

(G) include provisions for the regular monitoring and review by the Council and the Secretary of the operations of 

the program, including determining progress in meeting the 

goals of the program and this Act, and any necessary modification of the program to meet those goals, with a formal 

and detailed review 5 years after the establishment of the 

program and every 5 years thereafter; 

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

of observers; 


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(I) include an appeals process for administrative review 

of determinations with respect to the Secretary’s decisions 

regarding administration of the limited access privilege 

program; 

(J) provide for the establishment by the Secretary, in consultation with the Department of Justice and the Federal 

Trade Commission, for an information collection and review process to provide any additional information needed 

by the Department of Justice and the Federal Trade Commission to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or price fixing have occurred among regional fishery associations or persons receiving limited access privileges under the program; and 

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

access privileges held by any person found to have violated 

the antitrust laws of the United States. 

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

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

(A) the fishery has historically processed the fish outside 

of the United States; and 

(B) the United States has a seafood safety equivalency 

agreement with the country where processing will occur (or 

other assurance that seafood safety procedures to be used in 

such processing are equivalent or superior to the applicable 

United States seafood safety standards). 

(3) FISHING COMMUNITIES.—

(A) IN GENERAL.—

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

limited access privilege program to harvest fish, a fishing community shall—

(I) be located within the management area of the 

relevant Council; 

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

the Federal Register; 

(III) consist of residents who conduct commercial 

or recreational fishing, processing, or fishery-dependent support businesses within the Council’s 

management area; and 

(IV) develop and submit a community sustainability plan to the Council and the Secretary that 

demonstrates how the plan will address the social 

and economic development needs of fishing communities, including those that have not historically 

had the resources to participate in the fishery, for 

approval based on criteria developed by the Council that have been approved by the Secretary and 

published in the Federal Register. 

(ii) FAILURE TO COMPLY WITH PLAN.—The Secretary 

shall deny limited access privileges granted under this 

section for any person who fails to comply with the requirements of the plan. 


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(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 bylaws and operating procedures consisting of participants in the fishery, including commercial or recreational fishing, processing, fishery-dependent support 

businesses, or fishing communities; and 

(iv) develop and submit a regional fishery association 

plan to the Council and the Secretary for approval 

based on criteria developed by the Council that have 

been approved by the Secretary and published in the 

Federal Register. 

(B) FAILURE TO COMPLY WITH PLAN.—The Secretary shall 

deny limited access privileges granted under this section for 

any person who fails to comply with the requirements of the 

plan. 

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

this paragraph, a Council shall consider—

(i) traditional fishing or processing practices in, and 

dependence on, the fishery; 

(ii) the cultural and social framework relevant to the 

fishery; 

(iii) economic barriers to access to fishery; 

(iv) the existence and severity of projected economic 

and social impacts associated with implementation of 


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limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion, upon the administrative and fiduciary soundness of the association and its by-laws; and 

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

plan. 

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

program to harvest fish a Council or the Secretary shall— (A) establish procedures to ensure fair and equitable initial allocations, including consideration of— (i) current and historical harvests; 

(ii) employment in the harvesting and processing sectors; 

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

(iv) the current and historical participation of fishing 

communities; 

(B) to the extent practicable, consider the basic cultural 

and social framework of the fishery, especially through the 

development of policies to promote the sustained participation of small owner-operated fishing vessels and fishing 

communities that depend on the fisheries, including regional or port-specific landing or delivery requirements; 

(C) include measures to assist, when necessary and appropriate, entry-level and small vessel operators, captains, 

crew, and fishing communities through set-asides of harvesting allocations, including providing privileges and, 

where appropriate, recommending the provision of economic 

assistance in the purchase of limited access privileges to 

harvest fish; 

(D) ensure that limited access privilege holders do not acquire an excessive share of the total limited access privileges in the program by—

(i) establishing a maximum share, expressed as a 

percentage of the total limited access privileges, that a 

limited access privilege holder is permitted to hold, acquired, or use; and 

(ii) establishing any other limitations or measures 

necessary to prevent an inequitable concentration of 

limited access privileges; 

(E) establish procedures to address geographic or other 

consolidation in both the harvesting and processing sectors 

of the fishery; and 

(F) authorize limited access privileges to harvest fish to 

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

persons who substantially participate in the fishery, as 

specified by the Council, including, as appropriate, fishing 

vessel owners, vessel captains, vessel crew members, fishing 

communities, and regional fishery associations. 

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

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


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amendment to establish a limited access privilege program 

to harvest fish on its own initiative or if the Secretary has 

certified an appropriate petition. 

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

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

50 percent of the allocation, in the fishery for which a limited access privilege program to harvest fish is sought, may 

submit a petition to the Secretary requesting that the relevant Council or Councils with authority over the fishery be 

authorized to initiate the development of the program. Any 

such petition shall clearly state the fishery to which the 

limited access privilege program would apply. For multispecies permits in the Gulf, only those participants who 

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

sign a petition for such a program and shall serve as the 

basis for determining the percentage described in the first 

sentence of this subparagraph. 

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

any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines 

that the signatures on the petition represent more than 50 

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

percent of the allocation in the fishery, as described by subparagraph (B), the Secretary shall certify the petition to the 

appropriate Council or Councils. 

(D) NEW ENGLAND AND GULF REFERENDUM.— (i) Except as provided in clause (iii) for the Gulf of 

Mexico commercial red snapper fishery, the New England and Gulf Councils may not submit, and the Secretary may not approve or implement, a fishery management plan or amendment that creates an individual 

fishing quota program, including a Secretarial plan, 

unless such a system, as ultimately developed, has been 

approved by more than 2⁄3 of those voting in a referendum among eligible permit holders with respect to 

the New England Council, and by a majority of those 

voting in the referendum among eligible permit holders 

with respect to the Gulf Council. For multispecies permits in the Gulf, only those participants who have substantially fished the species proposed to be included in 

the individual fishing quota program shall be eligible 

to vote in such a referendum. If an individual fishing 

quota program fails to be approved by the requisite 

number of those voting, it may be revised and submitted for approval in a subsequent referendum. 

(ii) The Secretary shall conduct a referendum under 

this subparagraph, including notifying all persons eligible to participate in the referendum and making 

available to them information concerning the schedule, 

procedures, and eligibility requirements for the referendum process and the proposed individual fishing 

quota program. Within 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation 


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and Management Reauthorization Act of 2005, the Secretary shall publish guidelines and procedures to determine procedures and voting eligibility requirements for 

referenda and to conduct such referenda in a fair and 

equitable manner. 

(iii) The provisions of section 407(c) of this Act shall 

apply in lieu of this subparagraph for an individual 

fishing quota program for the Gulf of Mexico commercial red snapper fishery. 

(iv) Chapter 35 of title 44, United States Code, (commonly known as the Paperwork Reduction Act) does 

not apply to the referenda conducted under this subparagraph. 

(7) TRANSFERABILITY.—In establishing a limited access privilege program, a Council shall—

(A) establish a policy on the transferability of limited access privilege shares (through sale or lease), including a 

policy on any conditions that apply to the transferability of 

limited access privilege shares that is consistent with the 

policies adopted by the Council for the fishery under paragraph (3); and 

(B) establish criteria for the approval and monitoring of 

transfers (including sales and leases) of limited access 

privilege shares. 

(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL

PLANS.—This subsection also applies to a plan prepared and 

implemented by the Secretary under section 304(g). 

(9) ANTITRUST SAVINGS CLAUSE.—Nothing in this Act shall be 

construed to modify, impair, or supersede the operation of any 

of the antitrust laws. For purposes of the preceding sentence, 

the term ‘‘antitrust laws’’ has the meaning given such term in 

subsection (a) of the first section of the Clayton Act, except that 

such term includes section 5 of the Federal Trade Commission 

Act to the extent that such section 5 applies to unfair methods 

of competition. 

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

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

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

a limited access privilege program if—

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

the resulting distribution of limited access privilege shares 

meets the program requirements of subsection (c)(3)(A); and 

(2) revenues generated through such a royalty program are 

deposited in the Limited Access System Administration Fund 

established by section 305(h)(5)(B) and available subject to annual appropriations. 

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

program, a Council shall—

(1) develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement programs that are directly related to and in support of the 

program; and 


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

paid by limited access privilege holders that will cover the costs 

of management, data collection and analysis, and enforcement 

activities. 

(f) LIMITED DURATION.—In establishing a limited access privilege 

program after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2005, a 

Council may establish— (1) a set term after which any initial or subsequent allocation 

of a limited access privilege shall expire; 

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

and 

(3) a mechanism under which participants in and entrants to 

the program may acquire or reacquire allocations. 

(g) LIMITED ACCESS PRIVILEGE ASSISTED PURCHASE PROGRAM.— (1) IN GENERAL.—A Council may submit, and the Secretary 

may approve and implement, a program which reserves up to 

25 percent of any fees collected from a fishery under section 

304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing— (A) the purchase of limited access privileges in that fishery by fishermen who fish from small vessels; and 

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

that fishery by entry level fishermen. 

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

under paragraph (1) shall recommend criteria, consistent with 

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

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

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

under each subparagraph. 

(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.— Nothing in this Act, or the amendments made by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 

2005, shall be construed to require a reallocation of individual 

quota shares, processor quota shares, cooperative programs, or other 

quota programs, including sector allocation, under development or 

submitted by a Council or approved by the Secretary or by Congressional action before the date of enactment of the Magnuson-Stevens 

Fishery Conservation and Management Reauthorization Act of 

2005. 

SEC. 304. ACTION BY SECRETARY. 

[16 U.S.C. 1854] 

(a) REVIEW OF PLANS.— (1) Upon transmittal by the Council to the Secretary of a 

fishery management plan or plan amendment, the Secretary 

shall—

(A) immediately commence a review of the plan or 

amendment to determine whether it is consistent with the 

national standards, the other provisions of this Act, and 

any other applicable law; and 

(B) immediately publish in the Federal Register a notice 

stating that the plan or amendment is available and that 


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written information, views, or comments of interested persons on the plan or amendment may be submitted to the 

Secretary during the 60-day period beginning on the date 

the notice is published. 

(2) In undertaking the review required under paragraph (1), 

the Secretary shall— (A) take into account the information, views, and comments received from interested persons; 

(B) consult with the Secretary of State with respect to 

foreign fishing; and 

(C) consult with the Secretary of the department in 

which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 303(a)(6). 

(3) The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the 

comment period under paragraph (1) by written notice to the 

Council. A notice of disapproval or partial approval shall specify— (A) the applicable law with which the plan or amendment is inconsistent; 

(B) the nature of such inconsistencies; and 

(C) recommendations concerning the actions that could 

be taken by the Council to conform such plan or amendment to the requirements of applicable law. If the Secretary does not notify a Council within 30 days of the end 

of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or 

amendment shall take effect as if approved. 

(4) If the Secretary disapproves or partially approves a plan 

or amendment, the Council may submit a revised plan or 

amendment to the Secretary for review under this subsection. 

(5) For purposes of this subsection and subsection (b), the 

term ‘‘immediately’’ means on or before the 5th day after the 

day on which a Council transmits to the Secretary a fishery 

management plan, plan amendment, or proposed regulation 

that the Council characterizes as final. 

(b) REVIEW OF REGULATIONS.—(1) Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 

303(c), the Secretary shall immediately initiate an evaluation of the 

proposed regulations to determine whether they are consistent with 

the fishery management plan, plan amendment, this Act and other 

applicable law. Within 15 days of initiating such evaluation the 

Secretary shall make a determination and— (A) if that determination is affirmative, the Secretary shall 

publish such regulations in the Federal Register, with such 

technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 

60 days; or 

(B) if that determination is negative, the Secretary shall notify the Council in writing of the inconsistencies and provide 

recommendations on revisions that would make the proposed 

regulations consistent with the fishery management plan, plan 

amendment, this Act, and other applicable law. 


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(2) Upon receiving a notification under paragraph (1)(B), the 

Council may revise the proposed regulations and submit them to 

the Secretary for reevaluation under paragraph (1). 

(3) The Secretary shall promulgate final regulations within 30 

days after the end of the comment period under paragraph (1)(A). 

The Secretary shall consult with the Council before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any differences between the proposed and final regulations. 

(c) PREPARATION AND REVIEW OF SECRETARIAL PLANS.—(1) The 

Secretary may prepare a fishery management plan, with respect to 

any fishery, or any amendment to any such plan, in accordance 

with the national standards, the other provisions of this Act, and 

any other applicable law, if— (A) the appropriate Council fails to develop and submit to 

the Secretary, after a reasonable period of time, a fishery management plan for such fishery, or any necessary amendment to 

such a plan, if such fishery requires conservation and management; 

(B) the Secretary disapproves or partially disapproves any 

such plan or amendment, or disapproves a revised plan or 

amendment, and the Council involved fails to submit a revised 

or further revised plan or amendment; or 

(C) the Secretary is given authority to prepare such plan or 

amendment under this section. 

(2) In preparing any plan or amendment under this subsection, 

the Secretary shall— (A) conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation 

and amendment of the plan and any regulations implementing 

the plan; and 

(B) consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which 

the Coast Guard is operating with respect to enforcement at 

sea. 

(3) Notwithstanding paragraph (1) for a fishery under the authority of a Council, the Secretary may not include in any fishery 

management plan, or any amendment to any such plan, prepared 

by him, a provision establishing a limited access system, including 

any øindividual fishing quota¿ limited access privilege program, unless such system is first approved by a majority of the voting members, present and voting, of each appropriate Council. 

(4) Whenever the Secretary prepares a fishery management plan 

or plan amendment under this section, the Secretary shall immediately—

(A) for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to the appropriate Council for consideration and comment; and 

(B) publish in the Federal Register a notice stating that the 

plan or amendment is available and that written information, 

views, or comments of interested persons on the plan or 

amendment may be submitted to the Secretary during the 60- 

day period beginning on the date the notice is published. 


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(5) Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments 

and recommendations, if any, regarding the plan or amendment to 

the Secretary before the close of the 60-day period referred to in 

paragraph (4)(B). After the close of such 60-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, information, or comments 

submitted under paragraph (4)(B), may adopt such plan or amendment. 

(6) The Secretary may propose regulations in the Federal Register to implement any plan or amendment prepared by the Secretary. In the case of a plan or amendment to which paragraph 

(4)(A) applies, such regulations shall be submitted to the Council 

with such plan or amendment. The comment period on proposed 

regulations shall be 60 days, except that the Secretary may shorten 

the comment period on minor revisions to existing regulations. 

(7) The Secretary shall promulgate final regulations within 30 

days after the end of the comment period under paragraph (6). The 

Secretary must publish in the Federal Register an explanation of 

any substantive differences between the proposed and final rules. 

All final regulations must be consistent with the fishery management plan, with the national standards and other provisions of this 

Act, and with any other applicable law. 

(d) ESTABLISHMENT OF FEES.—(1) The Secretary shall by regulation establish the level of any fees which are authorized to be 

charged pursuant to section 303(b)(1). The Secretary may enter 

into a cooperative agreement with the States concerned under 

which the States administer the permit system and the agreement 

may provide that all or part of the fees collected under the system 

shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing 

the permits. 

(2)(A) Notwithstanding paragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the ømanagement and enforcement¿ management, data 

collection, and enforcement of any—

(i) øindividual fishing quota¿ limited access privilege program; and 

(ii) community development quota program that allocates a 

percentage of the total allowable catch of a fishery to such program. 

(B) Such fee shall not exceed 3 percent of the ex-vessel value of 

fish harvested under any such program, and shall be collected at 

either the time of the landing, filing of a landing report, or sale of 

such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested. 

(C)(i) Fees collected under this paragraph shall be in addition to 

any other fees charged under this Act and shall be deposited in the 

Limited Access System Administration Fund established under 

øsection 305(h)(5)(B), except that the portion of any such fees reserved under section 303(d)(4)(A) shall be deposited in the Treasury and available, subject to annual appropriations, to cover the 

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HMoore on PROD1PC68 with HMRPT
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mitments as required by section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(1)).¿ section 305(h)(5)(B). 

(ii) Upon application by a State, the Secretary shall transfer to 

such State up to 33 percent of any fee collected pursuant to subparagraph (A) under a community development quota program and 

deposited in the Limited Access System Administration Fund in 

order to reimburse such State for actual costs directly incurred in 

the management and enforcement of such program. 

(e) REBUILDING OVERFISHED FISHERIES.—

(1) The Secretary shall report annually to the Congress and 

the Councils on the status of fisheries within each Council’s 

geographical area of authority and identify those fisheries that 

are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such 

plan or agreement. A fishery shall be classified as approaching 

a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the 

Secretary estimates that the fishery will become overfished 

within two years. 

(2) If the Secretary determines at any time that a fishery is 

overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the 

Federal Register. 

(3) Within one year of an identification under paragraph (1) 

or notification under paragraphs (2) or (7), the appropriate 

Council (or the Secretary, for fisheries under section 302(a)(3)) 

shall prepare a fishery management plan, plan amendment, or 

proposed regulations for the fishery to which the identification 

or notice applies—

(A) to end overfishing in the fishery and to rebuild affected stocks of fish; or 

(B) to prevent overfishing from occurring in the fishery 

whenever such fishery is identified as approaching an 

overfished condition. 

(4) For a fishery that is overfished, any fishery management 

plan, amendment, or proposed regulations prepared pursuant 

to paragraph (3) or paragraph (5) for such fishery shall—

(A) specify a time period for ending overfishing and rebuilding the fishery that shall—

(i) be as short as possible, taking into account the 

status and biology of any overfished stocks of fish, the 

needs of fishing communities, recommendations by 

international organizations in which the United States 

participates, and the interaction of the overfished 

stock of fish within the marine ecosystem; and 

(ii) not exceed 10 years, except in cases where the 

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HMoore on PROD1PC68 with HMRPT
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national agreement in which the United States participates dictate otherwise; 

(B) allocate both overfishing restrictions and recovery 

benefits fairly and equitably among sectors of the fishery; 

and 

(C) for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States. 

(5) If, within the one-year period beginning on the date of 

identification or notification that a fishery is overfished, the 

Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required 

by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish 

within 9 months under subsection (c). 

(6) During the development of a fishery management plan, 

a plan amendment, or proposed regulations required by this 

subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 

305(c) until such measures can be replaced by such plan, 

amendment, or regulations. Such measures, if otherwise in 

compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to 

stop overfishing of a fishery. 

(7) The Secretary shall review any fishery management plan, 

plan amendment, or regulations required by this subsection at 

routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, 

the Secretary shall—

(A) in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve 

adequate progress; or 

(B) for all other fisheries, immediately notify the appropriate Council. Such notification shall recommend further 

conservation and management measures which the Council should consider under paragraph (3) to achieve adequate progress. 

(8) The provisions of this paragraph shall apply in lieu of 

paragraphs (2) through (7) of this subsection 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—

(A) the Secretary, in cooperation with the Secretary of 

State, immediately take appropriate action at the international level to end the overfishing; and 

(B) within 1 year after the Secretary’s determination, the 

appropriate Council, or Secretary, for fisheries under section 302(a)(3) shall—


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(i) 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 

(ii) 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. 

(f) FISHERIES UNDER AUTHORITY OF MORE THAN ONE COUNCIL.—

(1) Except as provided in paragraph (3), if any fishery extends beyond the geographical area of authority of any one Council, the 

Secretary may—

(A) designate which Council shall prepare the fishery management plan for such fishery and any amendment to such 

plan; or 

(B) may require that the plan and amendment be prepared 

jointly by the Councils concerned. No jointly prepared plan or 

amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned. 

(2) The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils. 

(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—(1) Preparation and 

implementation of plan or plan amendment. The Secretary shall 

prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to 

which section 302(a)(3) applies. In preparing and implementing any 

such plan or amendment, the Secretary shall—

(A) consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed 

under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and the advisory 

panel established under section 302(g); 

(B) establish an advisory panel under section 302(g) for each 

fishery management plan to be prepared under this paragraph; 

(C) evaluate the likely effects, if any, of conservation and 

management measures on participants in the affected fisheries 

and minimize, to the extent practicable, any disadvantage to 

United States fishermen in relation to foreign competitors; 

(D) with respect to a highly migratory species for which the 

United States is authorized to harvest an allocation, quota, or 

at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States 

with a reasonable opportunity to harvest such allocation, 

quota, or at such fishing mortality level; 

(E) review, on a continuing basis (and promptly whenever a 

recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery 

agreement), and revise as appropriate, the conservation and 

management measures included in the plan; 


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(F) diligently pursue, through international entities (such as 

the International Commission for the Conservation of Atlantic 

Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and 

(G) ensure that conservation and management measures 

under this subsection— (i) promote international conservation of the affected 

fishery; 

(ii) take into consideration traditional fishing patterns of 

fishing vessels of the United States and the operating requirements of the fisheries; 

(iii) are fair and equitable in allocating fishing privileges 

among United States fishermen and do not have economic 

allocation as the sole purpose; and 

(iv) promote, to the extent practicable, implementation of 

scientific research programs that include the tagging and 

release of Atlantic highly migratory species. 

(2) CERTAIN FISH EXCLUDED FROM ‘‘BYCATCH’’ DEFINITION.—Notwithstanding section 3(2), fish harvested in a commercial fishery 

managed by the Secretary under this subsection or the Atlantic 

Tunas Convention Act of 1975 ø(16 U.S.C. 971d)¿ (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, that are not regulatory 

discards and that are tagged and released alive under a scientific 

tagging and release program established by the Secretary shall not 

be considered bycatch for purposes of this Act. 

(h) REPEAL OR REVOCATION OF A FISHERY MANAGEMENT PLAN.— The Secretary may repeal or revoke a fishery management plan for 

a fishery under the authority of a Council only if the Council approves the repeal or revocation by a three-quarters majority of the 

voting members of the Council. 

(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. 


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(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES.— The Secretary shall— (A) propose revised procedures within 12 months after the 

date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2005; 

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

(C) promulgate final procedures no later than 18 months 

after the date of enactment of that Act. 

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

directed, in cooperation with the Council on Environmental 

Quality and the Councils, to involve the affected public in the 

development of revised procedures, including workshops or 

other appropriate means of public involvement. 

SEC. 305. OTHER REQUIREMENTS AND AUTHORITY. 

[16 U.S.C. 1855] 

(a) GEAR EVALUATION AND NOTIFICATION OF ENTRY.—(1) Not 

later than 18 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, a list of 

all fisheries— (A) under the authority of each Council and all fishing gear 

used in such fisheries, based on information submitted by the 

Councils under section 303(a); and 

(B) to which section 302(a)(3) applies and all fishing gear 

used in such fisheries. 

(2) The Secretary shall include with such list guidelines for determining when fishing gear or a fishery is sufficiently different 

from those listed as to require notification under paragraph (3). 

(3) Effective 180 days after the publication of such list, no person 

or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance written notice 

to the appropriate Council, or the Secretary with respect to a fishery to which section 302(a)(3) applies. A signed return receipt shall 

serve as adequate evidence of such notice and as the date upon 

which the 90-day period begins. 

(4) A Council may submit to the Secretary any proposed changes 

to such list or such guidelines the Council deems appropriate. The 

Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed 

changes from a Council. 

(5) A Council may request the Secretary to promulgate emergency regulations under subsection (c) to prohibit any persons or 

vessels from using an unlisted fishing gear or engaging in an unlisted fishery if the appropriate Council, or the Secretary for fisheries to which section 302(a)(3) applies, determines that such unlisted gear or unlisted fishery would compromise the effectiveness 

of conservation and management efforts under this Act. 

(6) Nothing in this subsection shall be construed to permit a person or vessel to engage in fishing or employ fishing gear when such 

fishing or gear is prohibited or restricted by regulation under a 

fishery management plan or plan amendment, or under other applicable law. 

(b) FISH HABITAT.—(1)(A) The Secretary shall, within 6 months 

of the date of enactment of the Sustainable Fisheries Act, establish 


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by regulation guidelines to assist the Councils in the description 

and identification of essential fish habitat in fishery management 

plans (including adverse impacts on such habitat) and in the consideration of actions to ensure the conservation and enhancement 

of such habitat. The Secretary shall set forth a schedule for the 

amendment of fishery management plans to include the identification of essential fish habitat and for the review and updating of 

such identifications based on new scientific evidence or other relevant information. 

(B) The Secretary, in consultation with participants in the fishery, shall provide each Council with recommendations and information regarding each fishery under that Council’s authority to assist 

it in the identification of essential fish habitat, the adverse impacts 

on that habitat, and the actions that should be considered to ensure the conservation and enhancement of that habitat. 

(C) The Secretary shall review programs administered by the Department of Commerce and ensure that any relevant programs further the conservation and enhancement of essential fish habitat. 

(D) The Secretary shall coordinate with and provide information 

to other Federal agencies to further the conservation and enhancement of essential fish habitat. 

(2) Each Federal agency shall consult with the Secretary with respect to any action authorized, funded, or undertaken, or proposed 

to be authorized, funded, or undertaken, by such agency that may 

adversely affect any essential fish habitat identified under this Act. 

(3) Each Council— (A) may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity 

authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency 

that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under its authority; and 

(B) shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such 

activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an 

anadromous fishery resource under its authority. 

(4)(A) If the Secretary receives information from a Council or 

Federal or State agency or determines from other sources that an 

action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any State or Federal agency would 

adversely affect any essential fish habitat identified under this Act, 

the Secretary shall recommend to such agency measures that can 

be taken by such agency to conserve such habitat. 

(B) Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response 

in writing to any Council commenting under paragraph (3) and the 

Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In 

the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons 

for not following the recommendations. 


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(c) EMERGENCY ACTIONS AND INTERIM MEASURES.—(1) If the Secretary finds that an emergency exists or that interim measures are 

needed to reduce overfishing for any fishery, he may promulgate 

emergency regulations or interim measures necessary to address 

the emergency or overfishing, without regard to whether a fishery 

management plan exists for such fishery. 

(2) If a Council finds that an emergency exists or that interim 

measures are needed to reduce overfishing for any fishery within 

its jurisdiction, whether or not a fishery management plan exists 

for such fishery— (A) the Secretary shall promulgate emergency regulations or 

interim measures under paragraph (1) to address the emergency or overfishing if the Council, by unanimous vote of the 

members who are voting members, requests the taking of such 

action; and 

(B) the Secretary may promulgate emergency regulations or 

interim measures under paragraph (1) to address the emergency or overfishing if the Council, by less than a unanimous 

vote, requests the taking of such action. 

(3) Any emergency regulation or interim measure which changes 

any existing fishery management plan or amendment shall be 

treated as an amendment to such plan for the period in which such 

regulation is in effect. Any emergency regulation or interim measure promulgated under this subsection— (A) shall be published in the Federal Register together with 

the reasons therefor; 

(B) shall, except as provided in subparagraph (C), remain in 

effect for not more than ø180 days¿ 186 days after the date of 

publication, and may be extended by publication in the Federal 

Register for one additional period of not more than 180 days, 

provided the public has had an opportunity to comment on the 

emergency regulation or interim measure, and, in the case of 

a Council recommendation for emergency regulations or interim measures, the Council is actively preparing a fishery 

management plan, plan amendment, or proposed regulations to 

address the emergency or overfishing on a permanent basis; 

(C) that responds to a public health emergency or an oil spill 

may remain in effect until the circumstances that created the 

emergency no longer exist, Provided, That the public has an 

opportunity to comment after the regulation is published, and, 

in the case of a public health emergency, the Secretary of 

Health and Human Services concurs with the Secretary’s action; and 

(D) may be terminated by the Secretary at an earlier date 

by publication in the Federal Register of a notice of termination, except for emergency regulations or interim measures 

promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned. 

(d) RESPONSIBILITY OF SECRETARY.—The Secretary shall have 

general responsibility to carry out any fishery management plan or 

amendment approved or prepared by him, in accordance with the 

provisions of this Act. The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, 


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as may be necessary to discharge such responsibility or to carry out 

any other provision of this Act. 

(e) EFFECT OF CERTAIN LAWS ON CERTAIN TIME REQUIRE- MENTS.—The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 

seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12866, dated September 30, 1993, shall be 

complied with within the time limitations specified in subsections 

(a), (b), and (c) of section 304 as they apply to the functions of the 

Secretary under such provisions. 

(f) JUDICIAL REVIEW.—(1) Regulations promulgated by the Secretary under this Act and actions described in paragraph (2) shall 

be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, United States Code, if a petition 

for such review is filed within 30 days after the date on which the 

regulations are promulgated or the action is published in the Federal Register, as applicable; except that— (A) section 705 of such title is not applicable, and 

(B) the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2)(A), (B), 

(C), or (D) of such title. 

(2) The actions referred to in paragraph (1) are actions that are 

taken by the Secretary under regulations which implement a fishery management plan, including but not limited to actions that establish the date of closure of a fishery to commercial or recreational 

fishing. 

(3)(A) Notwithstanding any other provision of law, the Secretary 

shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is 

served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the 

Secretary of good cause for that extension. 

(B) A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that 

are the subject of the petition. 

(4) Upon a motion by the person who files a petition under this 

subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in 

every possible way. 

(g) NEGOTIATED CONSERVATION AND MANAGEMENT MEASURES.— (1)(A) In accordance with regulations promulgated by the Secretary 

pursuant to this paragraph, a Council may establish a fishery negotiation panel to assist in the development of specific conservation 

and management measures for a fishery under its authority. The 

Secretary may establish a fishery negotiation panel to assist in the 

development of specific conservation and management measures required for a fishery under section 304(e)(5), for a fishery for which 

the Secretary has authority under section 304(g), or for any other 

fishery with the approval of the appropriate Council. 

(B) No later than 180 days after the date of enactment of the 

Sustainable Fisheries Act, the Secretary shall promulgate regulations establishing procedures, developed in cooperation with the 

Administrative Conference of the United States, for the establishment and operation of fishery negotiation panels. Such procedures 

shall be comparable to the procedures for negotiated rulemaking 


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established by subchapter III of chapter 5 of title 5, United States 

Code. 

(2) If a negotiation panel submits a report, such report shall 

specify all the areas where consensus was reached by the panel, including, if appropriate, proposed conservation and management 

measures, as well as any other information submitted by members 

of the negotiation panel. Upon receipt, the Secretary shall publish 

such report in the Federal Register for public comment. 

(3) Nothing in this subsection shall be construed to require either 

a Council or the Secretary, whichever is appropriate, to use all or 

any portion of a report from a negotiation panel established under 

this subsection in the development of specific conservation and 

management measures for the fishery for which the panel was established. 

(h) CENTRAL REGISTRY SYSTEM FOR LIMITED ACCESS

SYSTEMPPERMITS.—(1) Within 6 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish 

an exclusive central registry system (which may be administered 

on a regional basis) for limited access system permits established 

under section 303(b)(6) or other Federal law, including øindividual 

fishing quotas,¿ limited access privileges, which shall provide for 

the registration of title to, and interests in, such permits, as well 

as for procedures for changes in the registration of title to such permits upon the occurrence of involuntary transfers, judicial or nonjudicial foreclosure of interests, enforcement of judgments thereon, 

and related matters deemed appropriate by the Secretary. Such 

registry system shall—

(A) provide a mechanism for filing notice of a nonjudicial 

foreclosure or enforcement of a judgment by which the holder 

of a senior security interest acquires or conveys ownership of 

a permit, and in the event of a nonjudicial foreclosure, by 

which the interests of the holders of junior security interests 

are released when the permit is transferred; 

(B) provide for public access to the information filed under 

such system, notwithstanding section 402(b); and 

(C) provide such notice and other requirements of applicable 

law that the Secretary deems necessary for an effective registry system. 

(2) The Secretary shall promulgate such regulations as may be 

necessary to carry out this subsection, after consulting with the 

Councils and providing an opportunity for public comment. The 

Secretary is authorized to contract with non-Federal entities to administer the central registry system. 

(3) To be effective and perfected against any person except the 

transferor, its heirs and devisees, and persons having actual notice 

thereof, all security interests, and all sales and other transfers of 

permits described in paragraph (1), shall be registered in compliance with the regulations promulgated under paragraph (2). Such 

registration shall constitute the exclusive means of perfection of 

title to, and security interests in, such permits, except for Federal 

tax liens thereon, which shall be perfected exclusively in accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). 

The Secretary shall notify both the buyer and seller of a permit if 

a lien has been filed by the Secretary of the Treasury against the 


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permit before collecting any transfer fee under paragraph (5) of 

this subsection. 

(4) The priority of security interests shall be determined in order 

of filing, the first filed having the highest priority. A validly-filed 

security interest shall remain valid and perfected notwithstanding 

a change in residence or place of business of the owner of record. 

For the purposes of this subsection, ‘‘security interest’’ shall include 

security interests, assignments, liens and other encumbrances of 

whatever kind. 

(5)(A) Notwithstanding section 304(d)(1), the Secretary shall collect a reasonable fee of not more than one-half of one percent of the 

value of a limited access system permit upon registration of the 

title to such permit with the central registry system and upon the 

transfer of such registered title. Any such fee collected shall be deposited in the Limited Access System Administration Fund established under subparagraph (B). 

(B) There is established in the Treasury a Limited Access System 

Administration Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purposes of—

(i) administering the central registry system; and 

(ii) administering and implementing this Act in the fishery 

in which the fees were collected. Sums in the Fund that are 

not currently needed for these purposes shall be kept on deposit or invested in obligations of, or guaranteed by, the United 

States. 

(i) ALASKA AND WESTERN PACIFIC COMMUNITY DEVELOPMENT

PROGRAMS.—

(1)(A) The North Pacific Council and the Secretary shall establish a western Alaska community development quota program under which a percentage of the total allowable catch of 

any Bering Sea fishery is allocated to the program. 

(B) øTo¿ Except as provided in subparagraph (E), to be eligible to participate in the western Alaska community development quota program under subparagraph (A) a community 

shall—

(i) be located within 50 nautical miles from the baseline 

from which the breadth of the territorial sea is measured 

along the Bering Sea coast from the Bering Strait to the 

western most of the Aleutian Islands, or on an island within the Bering Sea; 

(ii) not be located on the Gulf of Alaska coast of the 

north Pacific Ocean; 

(iii) meet criteria developed by the Governor of Alaska, 

approved by the Secretary, and published in the Federal 

Register; 

(iv) be certified by the Secretary of the Interior pursuant 

to the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 et seq.) to be a Native village; 

(v) consist of residents who conduct more than one-half 

of their current commercial or subsistence fishing effort in 

the waters of the Bering Sea or waters surrounding the 

Aleutian Islands; and 


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(vi) not have previously developed harvesting or processing capability sufficient to support substantial participation in the groundfish fisheries in the Bering Sea, unless 

the community can show that the benefits from an approved Community Development Plan would be the only 

way for the community to realize a return from previous 

investments. 

(C)(i) Prior to October 1, 2001, the North Pacific Council may 

not submit to the Secretary any fishery management plan, 

plan amendment, or regulation that allocates to the western 

Alaska community development quota program a percentage of 

the total allowable catch of any Bering Sea fishery for which, 

prior to October 1, 1995, the Council had not approved a percentage of the total allowable catch for allocation to such community development quota program. The expiration of any 

plan, amendment, or regulation that meets the requirements of 

clause (ii) prior to October 1, 2001, shall not be construed to 

prohibit the Council from submitting a revision or extension of 

such plan, amendment, or regulation to the Secretary if such 

revision or extension complies with the other requirements of 

this paragraph. 

(ii) With respect to a fishery management plan, plan 

amendment, or regulation for a Bering Sea fishery that—

(I) allocates to the western Alaska community development quota program a percentage of the total allowable catch of such fishery; and 

(II) was approved by the North Pacific Council prior 

to October 1, 1995; the Secretary shall, except as provided in clause (iii) and after approval of such plan, 

amendment, or regulation under section 304, allocate 

to the program the percentage of the total allowable 

catch described in such plan, amendment, or regulation. Prior to October 1, 2001, the percentage submitted by the Council and approved by the Secretary 

for any such plan, amendment, or regulation shall be 

no greater than the percentage approved by the Council for such fishery prior to October 1, 1995. 

(iii) The Secretary shall phase in the percentage for community development quotas approved in 1995 by the North 

Pacific Council for the Bering Sea crab fisheries as follows: 

(I) 3.5 percent of the total allowable catch of each 

such fishery for 1998 shall be allocated to the western 

Alaska community development quota program; 

(II) 5 percent of the total allowable catch of each 

such fishery for 1999 shall be allocated to the western 

Alaska community development quota program; and 

(III) 7.5 percent of the total allowable catch of each 

such fishery for 2000 and thereafter shall be allocated 

to the western Alaska community development quota 

program, unless the North Pacific Council submits and 

the Secretary approves a percentage that is no greater 

than 7.5 percent of the total allowable catch of each 

such fishery for 2001 or the North Pacific Council subVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00125 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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mits and the Secretary approves any other percentage 

on or after October 1, 2001. 

(D) This paragraph shall not be construed to require the 

North Pacific Council to resubmit, or the Secretary to reapprove, any fishery management plan or plan amendment approved by the North Pacific Council prior to October 1, 1995, 

that includes a community development quota program, or any 

regulations to implement such plan or amendment. 

(E) A community shall be eligible to participate in the 

western Alaska community development quota program 

under subparagraph (A) if the community was—

(i) listed in table 7 to part 679 of title 50, Code of 

Federal Regulations, as in effect on January 1, 2004; 

or 

(ii) approved by the National Marine Fisheries Service on April 19, 1999. 

(2)(A) The Western Pacific Council and the Secretary may establish a western Pacific community development program for any 

fishery under the authority of such Council in order to provide access to such fishery for western Pacific communities that participate in the program. 

(B) To be eligible to participate in the western Pacific community 

development program, a community shall—

(i) be located within the Western Pacific Regional Fishery 

Management Area; 

(ii) meet criteria developed by the Western Pacific Council, 

approved by the Secretary and published in the Federal Register; 

(iii) consist of community residents who are descended from 

the aboriginal people indigenous to the area who conducted 

commercial or subsistence fishing using traditional fishing 

practices in the waters of the Western Pacific region; 

(iv) not have previously developed harvesting or processing 

capability sufficient to support substantial participation in 

fisheries in the Western Pacific Regional Fishery Management 

Area; and 

(v) develop and submit a Community Development Plan to 

the Western Pacific Council and the Secretary. 

(C) In developing the criteria for eligible communities under subparagraph (B)(ii), the Western Pacific Council shall base such criteria on traditional fishing practices in or dependence on the fishery, the cultural and social framework relevant to the fishery, and 

economic barriers to access to the fishery. 

(D) For the purposes of this subsection ‘‘Western Pacific Regional 

Fishery Management Area’’ means the area under the jurisdiction 

of the Western Pacific Council, or an island within such area. 

(E) Notwithstanding any other provision of this Act, the Western 

Pacific Council shall take into account traditional indigenous fishing practices in preparing any fishery management plan. 

(3) The Secretary shall deduct from any fees collected from a 

community development quota program under section 304(d)(2) the 

costs incurred by participants in the program for observer and reporting requirements which are in addition to observer and reportVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00126 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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ing requirements of other participants in the fishery in which the 

allocation to such program has been made. 

(4) After the date of enactment of the Sustainable Fisheries Act, 

the North Pacific Council and Western Pacific Council may not 

submit to the Secretary a community development quota program 

that is not in compliance with this subsection. 

(j) WESTERN PACIFIC REGIONAL MARINE EDUCATION AND TRAIN- ING.—(1) IN GENERAL.—The Secretary shall establish a pilot program for regionally-based marine education and training programs in the Western Pacific to foster understanding, practical 

use of knowledge (including native Hawaiian and other Pacific 

Islander-based knowledge), and technical expertise relevant to 

stewardship of living marine resources. The Secretary shall, in 

cooperation with the Western Pacific Regional Fishery Management Council, regional educational institutions, and local Western Pacific community training entities, establish programs or 

projects that will improve communication, education, and training on marine resource issues throughout the region and increase scientific education for marine-related professions among 

coastal community residents, including indigenous Pacific islanders, Native Hawaiians and other underrepresented groups 

in the region. 

(2) PROGRAM COMPONENTS.—The program shall— (A) include marine science and technology education and 

training programs focused on preparing community residents for employment in marine related professions, including marine resource conservation and management, marine 

science, marine technology, and maritime operations; 

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

safety and seafood marketing, focused on increasing the involvement of coastal community residents in fishing, fishery 

management, and seafood-related operations; 

(C) include outreach programs and materials to educate 

and inform consumers about the quality and sustainability 

of wild fish or fish products farmed through responsible 

aquaculture, particularly in Hawaii and the Western Pacific; 

(D) include programs to identify, with the fishing industry, methods and technologies that will improve the data 

collection, quality, and reporting and increase the sustainability of fishing practices, and to transfer such methods 

and technologies among fisheries sectors and to other nations in the Western and Central Pacific; 

(E) develop means by which local and traditional knowledge (including Pacific islander and Native Hawaiian 

knowledge) can enhance science-based management of fishery resources of the region; and 

(F) develop partnerships with other Western Pacific Island agencies, academic institutions, and other entities to 

meet the purposes of this section. 

(k) MULTISPECIES GROUNDFISH.—Within 60 days after the date of 

enactment of the Magnuson-Stevens Fishery Conservation and ManVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00127 Fmt 6604 Sfmt 6603 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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agement Reauthorization Act of 2005, the Secretary of Commerce 

shall determine whether fishing in State waters without a New England multispecies groundfish fishery permit on regulated species 

within the multispecies complex is not consistent with the applicable 

Federal fishery management plan. If the Secretary makes a determination that such actions are not consistent with the plan, the Secretary shall, in consultation with the Council, and after notifying 

the affected State, develop and implement measures to cure the inconsistency. 

* * * * * * * 

SEC. 307. PROHIBITED ACTS. 

[16 U.S.C. 1857] 

It is unlawful—

(1) for any person—

(A) to violate any provision of this Act or any regulation 

or permit issued pursuant to this Act; 

(B) to use any fishing vessel to engage in fishing after 

the revocation, or during the period of suspension, of an 

applicable permit issued pursuant to this Act; 

(C) to violate any provision of, or regulation under, an 

applicable governing international fishery agreement entered into pursuant to section 201(c); 

(D) to refuse to permit any officer authorized to enforce 

the provisions of this Act (as provided for in section 311) 

to board a fishing vessel subject to such person’s control 

for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, 

permit, or agreement referred to in subparagraph (A) or 

(C); 

(E) to forcibly assault, resist, oppose, impede, intimidate, 

or interfere with any such authorized officer in the conduct 

of any search or inspection described in subparagraph (D); 

(F) to resist a lawful arrest for any act prohibited by this 

section; 

(G) 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 Act or any regulation, permit, or agreement referred to in subparagraph 

(A) or (C); 

(H) to interfere with, delay, or prevent, by any means, 

the apprehension or arrest of another person, knowing 

that such other person has committed any act prohibited 

by this section; 

(I) to knowingly and willfully submit to a Council, the 

Secretary, or the Governor of a State false information (including, but not limited to, 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 fishing 

vessels of the United States) regarding any matter that 

the Council, Secretary, or Governor is considering in the 

course of carrying out this Act; 


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(J) to ship, transport, offer for sale, sell, or purchase, in 

interstate or foreign commerce, any whole live lobster of 

the species Homarus americanus, that— (i) is smaller than the minimum possession size in 

effect at the time under the American Lobster Fishery 

Management Plan, as implemented by regulations 

published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented 

under this title, or in the absence of any such plan, is 

smaller than the minimum possession size in effect at 

the time under a coastal fishery management plan for 

American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal 

Fisheries Cooperative Management Act (16 U.S.C. 

5101 et seq.); 

(ii) is bearing eggs attached to its abdominal appendages; or 

(iii) bears evidence of the forcible removal of extruded eggs from its abdominal appendages; 

(K) to steal or attempt to steal or to negligently and 

without authorization remove, damage, or tamper with— (i) fishing gear owned by another person, which is 

located in the exclusive economic zone, 

(ii) fish contained in such fishing gear; 

(L) to forcibly assault, resist, oppose, impede, intimidate, 

sexually harass, bribe, or interfere with any observer on a 

vessel under this Act, or any data collector employed by 

the National Marine Fisheries Service or under contract to 

any person to carry out responsibilities under this Act; 

(M) to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use 

of a fishing vessel of the United States to engage in such 

fishing beyond the exclusive economic zone of any nation; 

(N) to strip pollock of its roe and discard the flesh of the 

pollock; 

(O) to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 

302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A); øor¿ 

(P)(i) to remove any of the fins of a shark (including the 

tail) and discard the carcass of the shark at sea; 

(ii) to have custody, control, or possession of any such fin 

aboard a fishing vessel without the corresponding carcass; 

or 

(iii) to land any such fin without the corresponding øcarcass.¿carcass; 

(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 the waters of 

another country, after the Secretary has made a payment to 

the owner of that fishing vessel under section 312(b)(2). 


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128 

For purposes of subparagraph (P) there is a rebuttable presumption that any shark fins landed from a fishing vessel or 

found on board a fishing vessel were taken, held, or landed in 

violation of subparagraph (P) if the total weight of shark fins 

landed or found on board exceeds 5 percent of the total weight 

of shark carcasses landed or found on board. 

(2) for any vessel other than a vessel of the United States, 

and for the owner or operator of any vessel other than a vessel 

of the United States, to engage— (A) in fishing within the boundaries of any State, except—(i) recreational fishing permitted under section 

201(i); 

(ii) fish processing permitted under section 306(c); or 

(iii) transshipment at sea of fish or fish products 

within the boundaries of any State in accordance with 

a permit approved under section 204(d); 

(B) in fishing, except recreational fishing permitted 

under section 201(i), within the exclusive economic zone, or 

for any anadromous species or Continental Shelf fishery 

resources beyond such zone, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 204(b), (c), or 

(d); or 

(C) except as permitted under section 306(c), in fish 

processing (as defined in paragraph (4)(A) of such section) 

within the internal waters of a State (as defined in paragraph (4)(B) of such section); 

(3) for any vessel of the United States, and for the owner or 

operator of any vessel of the United States, to transfer at sea 

directly or indirectly, or attempt to so transfer at sea, any 

United States harvested fish to any foreign fishing vessel, 

while such foreign vessel is within the exclusive economic zone 

or within the boundaries of any State except to the extent that 

the foreign fishing vessel has been permitted under section 

204(d) or section 306(c) to receive such fish; 

(4) for any fishing vessel other than a vessel of the United 

States to operate, and for the owner or operator of a fishing 

vessel other than a vessel of the United States to operate such 

vessel, in the exclusive economic zone or within the boundaries 

of any State, if—

(A) all fishing gear on the vessel is not stored below deck 

or in an area where it is not normally used, and not readily available, for fishing; or 

(B) all fishing gear on the vessel which is not so stored 

is not secured and covered so as to render it unusable for 

fishing; unless such vessel is authorized to engage in fishing in the area in which the vessel is operating; and 

(5) for any vessel of the United States, and for the owner or 

operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates 

an international fishery agreement between that nation and 

the United States that has been subject to Congressional oversight in the manner described in section 203, or any regulaVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00130 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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tions issued to implement such an agreement; except that the 

binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior 

to such violation. 

SEC. 308. CIVIL PENALTIES AND PERMIT SANCTIONS. 

[16 U.S.C. 1858] 

(a) ASSESSMENT OF PENALTY.—Any person who is found by the 

Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307 shall be liable to the United 

States for a civil penalty. The amount of the civil penalty shall not 

exceed ø$100,000¿ $240,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of 

such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed 

and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider 

any information provided by the violator relating to the ability of 

the violator to pay, Provided, That the information is served on the 

Secretary at least 30 days prior to an administrative hearing. 

(b) REVIEW OF CIVIL PENALTY.—Any person against whom a civil 

penalty is assessed under subsection (a) or against whom a permit 

sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review 

thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such court a certified copy of the record upon which such 

violation was found or such penalty imposed, as provided in section 

2112 of title 28, United States Code. The findings and order of the 

Secretary shall be set aside by such court if they are not found to 

be supported by substantial evidence, as provided in section 706(2) 

of title 5, United States Code. 

(c) ACTION UPON FAILURE TO PAY ASSESSMENT.—If any person 

fails to pay an assessment of a civil penalty after it has become a 

final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall 

refer the matter to the Attorney General of the United States, who 

shall recover the amount assessed in any appropriate district court 

of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. 

(d) IN REM JURISDICTION.—A fishing vessel (including its fishing 

gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 307 shall be liable in rem 

for any civil penalty assessed for such violation under section 308 

and may be proceeded against in any district court of the United 

States having jurisdiction thereof. Such penalty shall constitute a 

maritime lien on such vessel which may be recovered in an action 

in rem in the district court of the United States having jurisdiction 

over the vessel. 


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(e) COMPROMISE OR OTHER ACTION BY SECRETARY.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has 

been imposed under this section. 

(f) SUBPENAS.—For the purposes of conducting any hearing under 

øthis section,¿ this Act (or any other marine resource law enforced 

by the Secretary), the Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses 

summoned shall be paid the same fees and mileage that are paid 

to witnesses in the courts of the United States. In case of contempt 

or refusal to obey a subpena served upon any person pursuant to 

this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, 

upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person 

to appear and give testimony before the Secretary or to appear and 

produce documents before the Secretary, or both, and any failure 

to obey such order of the court may be punished by such court as 

a contempt thereof. 

(g) PERMIT SANCTIONS.—(1) In any case in which (A) a vessel has 

been used in the commission of an act prohibited under section 

307, (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 307, (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, or (D) any payment required for observer services provided to or contracted by an owner 

or operator who has been issued a permit or applied for a permit 

under any marine resource law administered by the Secretary has 

not been paid and is overdue, the Secretary may—

(i) revoke any permit issued with respect to such vessel or 

person, with or without prejudice to the issuance of subsequent 

permits; 

(ii) suspend such permit for a period of time considered by 

the Secretary to be appropriate; 

(iii) deny such permit; or 

(iv) 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 foreign fishing vessels, on the approved application of the foreign nation involved and on any 

permit issued under that application. 

(2) 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. 

(3) Transfer of ownership of a vessel, a permit, or any interest in 

a permit, by sale or otherwise, shall not extinguish any permit 


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sanction that is in effect or is pending at the time of transfer of 

ownership. Before executing the transfer of ownership of a vessel, 

a permit, or any 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 øthe vessel¿ the vessel, permit, or interest at the time of 

the transfer. 

(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, or any 

amount in settlement of a civil forfeiture, the Secretary shall reinstate the permit upon payment of the øpenalty or fine¿ penalty, 

fine, or settlement amount and interest thereon at the prevailing 

rate. 

(5) No sanctions shall be imposed under this subsection unless 

there has been a 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. 

øSEC. 309. CRIMINAL OFFENSES. 

[16 U.S.C. 1859] 

ø(a) OFFENSES.—A person is guilty of an offense if he commits 

any act prohibited by—

ø(1) section 307(1)(D), (E), (F), (H), (I), or (L); or 

ø(2) section 307(2). 

ø(b) PUNISHMENT.—Any offense described in subsection (a)(1) is 

punishable by a fine or not more than $100,000, or imprisonment 

for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 307(1)(L) or any officer authorized to enforce the 

provisions of this Act (as provided for in section 311), or places any 

such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described 

in subsection (a)(2) is punishable by a fine of not more than 

$200,000. 

ø(c) JURISDICTION.—There is Federal jurisdiction over any offense 

described in this section.¿ 

SEC. 309. CRIMINAL PENALTIES. 

(a) FINES AND IMPRISONMENT.—

(1) IN GENERAL.—Any person (other than a foreign government or entity thereof) who knowingly violates subparagraph 

(D), (E), (F), (H), (I), or (L) of paragraph (1) of section 307, or 

paragraph (2) of section 307, shall be imprisoned for not more 

than 5 years and fined—

(A) not more than $500,000 if such person is an individual; or 

(B) not more than $1,000,000 if such person is a corporation or other legal entity other than an individual. 

(2) AGGRAVATED OFFENSES.—Notwithstanding paragraph (1), 

the maximum term of imprisonment shall be for not more than 

10 years if— (A) the violator is an individual; and 


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(B) in the commission of a violation described in paragraph (1), that individual—

(A) used a dangerous weapon; 

(B) engaged in conduct that caused bodily injury to any 

observer described in section 307, any officer authorized to 

enforce the provisions of this Act under section 311, or any 

Council member or staff; or 

(C) placed any such observer, officer, Council member, or 

staff in fear of imminent bodily injury. 

(b) OTHER VIOLATIONS.—Any person (other than a foreign government or entity thereof) who knowingly violates any other provision 

of section 307 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. 

(c) JURISDICTION.—

(1) IN GENERAL.—The district courts of the United States 

shall have jurisdiction over any action arising under this Act. 

(2) VENUE.—For purposes of this Act—

(A) each violation of this Act shall constitute a separate 

offense and the offense shall be deemed to have been committed not only in the district where it first occurred, but 

also in any other district as authorized by law; 

(B) any offense not committed within a judicial district 

of the United States is subject to the venue provisions of 

section 3238 of title 18, United States Code; and 

(C) American Samoa shall be included within the judicial district of the United States District Court for the District of Hawaii. 

SEC. 310. CIVIL FORFEITURES. 

[16 U.S.C. 1860] 

(a) IN GENERAL.—Any fishing vessel (including its fishing gear, 

furniture, appurtenances, stores, and cargo) used, and any fish (or 

the fair market value thereof) taken or retained, in any manner, 

in connection with or as a result of the commission of any act prohibited by section 307 ø(other than any act for which the issuance 

of a citation under section 311(c) is sufficient sanction)¿ shall be 

subject to forfeiture to the United øStates.¿ States, except that no 

fishing vessel shall be subject to forfeiture under this section as the 

result of any act for which the issuance of a citation under section 

311(a) is sufficient sanction. All or part of such vessel may, and all 

such fish (or the fair market value thereof) shall, be forfeited to the 

United States pursuant to a civil proceeding under this section. 

(b) JURISDICTION OF DISTRICT COURTS.—Any district court of the 

United States which has jurisdiction under section 311(d) shall 

have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under 

subsection (a) and any action provided for under subsection (d). 

(c) JUDGMENT.—If a judgment is entered for the United States in 

a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to 

the United States, which has not previously been seized pursuant 

to this Act or for which security has not previously been obtained 

under subsection (d). The provisions of the customs laws relating 

to—


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(1) the seizure, forfeiture, and condemnation of property for 

violation of the customs law; 

(2) the disposition of such property or the proceeds from the 

sale thereof; and 

(3) the remission or mitigation of any such forfeiture; shall 

apply to seizures and forfeitures incurred, or alleged to have 

been incurred, under the provisions of this Act, unless such 

provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the 

Commissioner of Customs or other persons under such provisions shall, with respect to this Act, be performed by officers 

or other persons designated for such purpose by the Secretary. 

(d) PROCEDURE.—(1) Any officer authorized to serve any process 

in rem which is issued by a court having jurisdiction under section 

311(d) shall—

(A) stay the execution of such process; or 

(B) discharge any fish seized pursuant to such process; upon 

the receipt of a satisfactory bond or other security from any 

person claiming such property. Such bond or other security 

shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any 

impairment of its value, or (ii) paying the monetary value of 

such property pursuant to an order of such court. Judgment 

shall be recoverable on such bond or other security against 

both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the 

order of a court under section 311(d), to release on bond any 

seized fish or other property or the proceeds from the sale 

thereof. 

(2) Any fish seized pursuant to this Act may be sold, subject to 

the approval and direction of the appropriate court, for not less 

than the fair market value thereof. The proceeds of any such sale 

shall be deposited with such court pending the disposition of the 

matter involved. 

(e) REBUTTABLE PRESUMPTION.—

(1) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is 

seized in connection with an act prohibited by section 307 were 

taken or retained in violation of this Act. 

(2) For purposes of this Act, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or 

estuarine waters and migrates to ocean waters that is found on 

board a vessel is of United States origin if the vessel is within 

the migratory range of the species during that part of the year 

to which the migratory range applies. 

(3) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has 

gear on board that is capable of use for large-scale driftnet 

fishing, is engaged in such fishing. 


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SEC. 311. ENFORCEMENT. 

[16 U.S.C. 1861] 

(a) RESPONSIBILITY.—The provisions of this øAct¿ Act, and the 

provisions of any marine resource law administered by the Secretary, shall be enforced by the Secretary and the Secretary of the 

department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, 

utilize the personnel, services, equipment (including aircraft and 

vessels), and facilities of any other Federal agency, including all 

elements of the Department of Defense, and of any øState agency,¿ 

agency of any State, Territory, Commonwealth, or Tribe, in the performance of such duties. 

(b) POWERS OF AUTHORIZED OFFICERS.—

(1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any øFederal or State¿ agency which has 

entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this Act may—

(A) with or without a warrant or other process—

(i) arrest any person, if he has reasonable cause to 

believe that such person has committed an act prohibited by section 307; 

(ii) board, and search or inspect, any fishing vessel 

which is subject to the provisions of this Act; 

(iii) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) 

used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act; 

(iv) seize any fish (wherever found) taken or retained in violation of any provision of this Act; øand¿ 

(v) seize any other evidence related to any violation 

of any provision of this Act; and 

(vi) access, directly or indirectly, for enforcement purposes any data or information required to be provided 

under this title or regulations under this title, including data from Global Maritime Distress and Safety 

Systems, vessel monitoring systems, or any similar system, subject to the confidentiality provisions of section 

402; 

(B) execute any warrant or other process issued by any 

court of competent jurisdiction; and 

(C) exercise any other lawful authority. 

(2) Subject to the direction of the Secretary, a person charged 

with law enforcement responsibilities by the Secretary who is 

performing a duty related to enforcement of a law regarding 

fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the 

laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee 

of a State agency, subject to such conditions and restrictions as 


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are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations within the 

exclusive economic zone, the Secretary of the department in 

which the Coast Guard is operating. 

(c) ISSUANCE OF CITATIONS.—If any officer authorized to enforce 

the provisions of this Act (as provided for in this section) finds that 

a fishing vessel is operating or has been operated in violation of 

any provision of this Act, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation 

to the owner or operator of such vessel in lieu of proceeding under 

subsection (b). If a permit has been issued pursuant to this Act for 

such vessel, such officer shall note the issuance of any citation 

under this subsection, including the date thereof and the reason 

therefor, on the permit. The Secretary shall maintain a record of 

all citations issued pursuant to this subsection. 

(d) JURISDICTION OF COURTS.—The district courts of the United 

States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. In the case of 

Guam or any possession of the United States in the Pacific Ocean, 

the appropriate court is the United States District Court for the 

District of Guam, except that in the case of American Samoa, the 

appropriate court is the United States District Court for the District of Hawaii, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District 

Court for the District of the Northern Mariana Islands. Any such 

court may, at any time—

(1) enter restraining orders or prohibitions; 

(2) issue warrants, process in rem, or other process; 

(3) prescribe and accept satisfactory bonds or other security; 

and 

(4) take such other actions as are in the interest of justice. 

(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.—(1) Notwithstanding any other provision of law, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for violations of any provisions of 

this Act or of any other fishery resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 

3371 et seq.)— (A) the reasonable and necessary costs incurred in providing 

temporary storage, care, and maintenance of seized fish or 

other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act or any 

other marine resource law enforced by the Secretary with respect to that fish or other property; 

ø(B) a reward of not less than 20 percent of the penalty col- lected or $20,000, whichever is the lesser amount, to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any 

violation of any provision of this Act or any other marine resource law enforced by the Secretary;¿ 

(B) a reward to any person who furnishes information which 

leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this Act 


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or any other marine resource law enforced by the Secretary of 

up to the lesser of— (i) 20 percent of the penalty or fine collected; or 

(ii) $20,000; 

(C) any expenses directly related to investigations and civil 

or criminal enforcement proceedings, including any necessary 

expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings; 

(D) any valid liens or mortgages against any property that 

has been forfeited; 

(E) claims of parties in interest to property disposed of under 

section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), as 

made applicable by section 310(c) of this Act or by any other 

marine resource law enforced by the Secretary, to seizures 

made by the Secretary, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; 

and 

(F) reimbursement to any Federal or State agency, including 

the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a), or any similar 

agreement authorized by law. 

(2) Any person found in an administrative or judicial proceeding 

to have violated this Act or any other marine resource law enforced 

by the Secretary shall be liable for the cost incurred in the sale, 

storage, care, and maintenance of any fish or other property lawfully seized in connection with the violation. 

(f) ENFORCEMENT OF NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN.—

(1) ENFORCEMENT AGREEMENTS.—Beginning not later than 

October 1, 1993, the Secretary shall, if requested by the Governor of a State represented on the New England Fishery Management Council, enter into an agreement under subsection 

(a), with each of the States represented on such Council, that 

authorizes the marine law enforcement agency of such State to 

perform duties of the Secretary relating to enforcement of the 

Northeast Multispecies Fishery Management Plan. 

(2) REIMBURSEMENT.—An agreement with a State under this 

subsection shall provide, subject to the availability of appropriations, for reimbursement of the State for expenses incurred 

in detection and prosecution of violations of any fishery management plan approved by the Secretary. 

(3) COAST GUARD ENFORCEMENT WORKING GROUP.—

(A) ESTABLISHMENT.—The Commander of the First 

Coast Guard District shall establish an informal fisheries 

enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under 

the Northeast Multispecies Fishery Management Plan. 

(B) MEMBERSHIP.—The working group shall consist of 

members selected by the Commander, and shall include— (i) individuals who are representatives of various 

fishing ports located in the States represented on the 

New England Fishery Management Council; 


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(ii) captains of fishing vessels that operate in waters 

under the jurisdiction of that Council; and 

(iii) other individuals the Commander considers appropriate. 

(C) NON-FEDERAL STATUS OF WORKING GROUP MEM- BERS.—An individual shall not receive any compensation 

for, and shall not be considered to be a Federal employee 

based on, membership in the working group. 

(D) MEETINGS.—The working group shall meet, at the 

call of the Commander, at least 4 times each year. The 

meetings shall be held at various major fishing ports in 

States represented on the New England Fishery Management Council, as specified by the Commander. 

(4) USE OF FINES AND PENALTIES.—Amounts available to the 

Secretary under this Act which are attributable to fines and 

penalties imposed for violations of the Northeast Multispecies 

Fishery Management Plan shall be used by the Secretary pursuant to this section to enforce that Plan. 

(g) ENFORCEMENT IN THE PACIFIC INSULAR AREAS.—The Secretary, in consultation with the Governors of the Pacific Insular 

Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities. 

(h) JOINT ENFORCEMENT AGREEMENTS.— (1) IN GENERAL.—The Governor of an eligible State may 

apply to the Secretary for execution of a joint enforcement agreement with the Secretary that will authorize the deputization 

and funding of State law enforcement officers with marine law 

enforcement responsibilities to perform duties of the Secretary 

relating to law enforcement provisions under this title or any 

other marine resource law enforced by the Secretary. Upon receiving an application meeting the requirements of this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State. 

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

cooperative enforcement agreements under this section if it is in, 

or bordering on, the Atlantic Ocean (including the Caribbean 

Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, 

Long Island Sound, or 1 or more of the Great Lakes. 

(3) REQUIREMENTS.—Joint enforcement agreements executed 

under paragraph (1)—

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

this section to the extent applicable to the regulated activities; 

(B) may include specifications for joint management responsibilities as provided by the first section of Public Law 

91–412 (15 U.S.C. 1525); and 

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

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

each joint enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be 

fairly distributed among all eligible States participating in cooperative enforcement agreements under this subsection, based 


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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 2005, the 

Secretary shall implement data-sharing measures to make any 

data required to be provided by this Act from Global Maritime 

Distress and Safety Systems, vessel monitoring systems, or 

similar systems—

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

(B) available to a State management agency involved in, 

or affected by, management of a fishery if the State has entered into an agreement with the Secretary under section 

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

(2) AGREEMENT REQUIRED.—The Secretary shall promptly 

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

of this Act if—

(A) the Attorney General or highest ranking legal officer 

of the State provides a written opinion or certification that 

State law allows the State to maintain the confidentiality 

of information required by Federal law to be kept confidential; or 

(B) the Secretary is provided other reasonable assurance 

that the State can and will protect the identity or business 

of any person to which such information relates. 

ø(h)¿ (j) DEFINITIONS.—For purposes of this section—

(1) The term ‘‘provisions of this Act’’ includes (A) any regulation or permit issued pursuant to this Act, and (B) any provision of, or regulation issued pursuant to, any international 

fishery agreement under which foreign fishing is authorized by 

section 201(b) or (c), or section 204(d), with respect to fishing 

subject to the exclusive fishery management authority of the 

United States. 

(2) The term ‘‘violation of any provision of this Act’’ includes 

(A) the commission of any act prohibited by section 307, and 

(B) the violation of any regulation, permit, or agreement referred to in paragraph (1). 

SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES. 

[16 U.S.C. 1861a] 

(a) FISHERIES DISASTER RELIEF.—(1) At the discretion of the Secretary or at the request of the Governor of an affected State or a 

fishing community, the Secretary shall determine whether there is 

a commercial fishery failure due to a fishery resource disaster as 

a result of—

(A) natural causes; 


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(B) man-made causes beyond the control of fishery managers 

to mitigate through conservation and management ømeasures;¿ measures, including regulatory restrictions imposed to 

protect human health or the marine environment and judicially 

imposed harvest restrictions; or 

(C) undetermined causes. 

(2) Upon the determination under paragraph (1) that there is a 

commercial fishery failure, the Secretary is authorized to make 

sums available to be used by the affected State, fishing community, 

or by the Secretary in cooperation with the affected State or fishing 

community for assessing the economic and social effects of the commercial fishery failure, or any activity that the Secretary determines is appropriate to restore the fishery or prevent a similar failure in the future and to assist a fishing community affected by 

such failure. Before making funds available for an activity authorized under this section, the Secretary shall make a determination 

that such activity will not expand the size or scope of the commercial fishery failure in that fishery or into other fisheries or other 

geographic regions. 

(3) The Federal share of the cost of any activity carried out under 

the authority of this subsection shall not exceed 75 percent of the 

cost of that activity. 

(4) There are authorized to be appropriated to the Secretary such 

sums as are necessary for each of the fiscal years ø1996, 1997, 

1998, and 1999.¿ 2006 through 2012. 

(b) FISHING CAPACITY REDUCTION PROGRAM.—

(1) The Secretary, at the request of the appropriate Council 

for fisheries under the authority of such Council, øor the Governor of a State for fisheries under State authority, may conduct a fishing¿ the Governor of a State for fisheries under State 

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

conduct a voluntary fishing capacity reduction program (referred to in this section as the ‘‘program’’) in a fishery if the 

Secretary determines that the program—

(A) is necessary to prevent or end overfishing, rebuild 

stocks of fish, or achieve measurable and significant improvements in the conservation and management of the 

fishery; 

(B) is consistent with the Federal or State fishery management plan or program in effect for such fishery, as appropriate, and that the fishery management plan—

(i) will prevent the replacement of fishing capacity 

removed by the program through a moratorium on 

new entrants, practicable restrictions on vessel upgrades, and other effort control measures, taking into 

account the full potential fishing capacity of the fleet; 

and 

(ii) establishes a specified or target total allowable 

catch or other measures that trigger closure of the 

fishery or adjustments to reduce catch; and 

(C) is øcost-effective and¿ cost-effective and, in the instance of a program involving an industry fee system, prospectively capable of repaying any debt obligation incurred 


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under section 1111 of title XI of the Merchant Marine Act, 

1936. 

(2) The objective of the program shall be to obtain the maximum sustained reduction in fishing capacity at the least cost 

and in a minimum period of time. To achieve that objective, 

the Secretary is authorized to pay—

ø(A) the owner of a fishing vessel, if such vessel is (i) 

scrapped, or (ii) through the Secretary of the department 

in which the Coast Guard is operating, subjected to title 

restrictions that permanently prohibit and effectively prevent its use in fishing, and if the permit authorizing the 

participation of the vessel in the fishery is surrendered for 

permanent revocation and the owner relinquishes any 

claim associated with the vessel and permit that could 

qualify such owner for any present or future limited access 

system permit in the fishery for which the program is established; or¿ 

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

participation of the vessel in the fishery is surrendered for permanent revocation and the vessel owner and permit holder relinquish any claim associated with the vessel or permit that 

could qualify such owner or holder for any present or future 

limited access system permit in the fishery for which the program is established and such vessel is (i) scrapped, or (ii) 

through the Secretary of the department in which the Coast 

Guard is operating, subjected to title restrictions (including loss 

of the vessel’s fisheries endorsement) that permanently prohibit 

and effectively prevent its use in fishing in federal or state waters, or fishing on the high seas or in the waters of a foreign 

nation; or 

(B) the holder of a permit authorizing participation in 

the fishery, if such permit is surrendered for permanent 

revocation, and such holder relinquishes any claim associated with the permit and vessel used to harvest fishery resources under the permit that could qualify such holder for 

any present or future limited access system permit in the 

fishery for which the program was established. 

(3) Participation in the program shall be voluntary, but the 

Secretary shall ensure compliance by all who do participate. 

(4) øThe Secretary shall consult, as appropriate, with Councils,¿ The harvester proponents of each program and the Secretary shall consult, as appropriate and practicable, with Councils, Federal agencies, State and regional authorities, affected 

fishing communities, participants in the fishery, conservation 

organizations, and other interested parties throughout the development and implementation of any program under this section. 

(c) PROGRAM FUNDING.—(1) The program may be funded by any 

combination of amounts—

(A) available under clause (iv) of section 2(b)(1)(A) of the Act 

of August 11, 1939 (15 U.S.C. 713c-3(b)(1)(A); the SaltonstallKennedy Act); 

(B) appropriated for the purposes of this section; 


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(C) provided by an industry fee system established under 

subsection (d) and in accordance with section 1111 of title XI 

of the Merchant Marine Act, 1936; or 

(D) provided from any State or other public sources or private or non-profit organizations. 

(2) All funds for the program, including any fees established 

under subsection (d), shall be paid into the fishing capacity reduction fund established under section 1111 of title XI of the Merchant 

Marine Act, 1936. 

(d) INDUSTRY FEE SYSTEM.—(1)(A) If an industry fee system is 

necessary to fund the program, the øSecretary, at the request of 

the appropriate Council,¿ Secretary may conduct a referendum on 

such system. Prior to the referendum, the øSecretary, in consultation with the Council,¿ Secretary shall— (i) identify, to the extent practicable, and notify all permit or 

vessel owners who would be affected by the program; and 

(ii) make available to such owners information about the industry fee system describing the schedule, procedures, and eligibility requirements for the referendum, the proposed program, and the amount and duration and any other terms and 

conditions of the proposed fee system. 

(B) The industry fee system shall be considered approved if the 

referendum votes which are cast in favor of the proposed system 

constitute øa two-thirds majority of the participants voting.¿ 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. 

(2) Notwithstanding section 304(d) and consistent with an approved industry fee system, the Secretary is authorized to establish 

such a system to fund the program and repay debt obligations incurred pursuant to section 1111 of title XI of the Merchant Marine 

Act, 1936. The fees for a program established under this section 

shall—

(A) be determined by the Secretary and adjusted from time 

to time as the Secretary considers necessary to ensure the 

availability of sufficient funds to repay such debt obligations; 

(B) not exceed 5 percent of the ex-vessel value of all fish harvested from the fishery for which the program is established; 

(C) be deducted by the first ex-vessel fish purchaser from the 

proceeds otherwise payable to the seller and accounted for and 

forwarded by such fish purchasers to the Secretary in such 

manner as the Secretary may øestablish;¿ establish, unless the 

Secretary determines that such fees should be collected from the 

seller; and 

(D) be in effect only until such time as the debt obligation 

has been fully paid. 

ø(e) IMPLEMENTATION PLAN.—(1) The Secretary, in consultation 

with the appropriate Council or State and other interested parties, 

shall prepare and publish in the Federal Register for a 60-day public comment period an implementation plan, including proposed 

regulations, for each program. The implementation plan shall— ø(A) define criteria for determining types and numbers of 

vessels which are eligible for participation in the program taking into account characteristics of the fishery, the requirements 


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of applicable fishery management plans, the needs of fishing 

communities, and the need to minimize program costs; and 

ø(B) establish procedures for program participation (such as 

submission of owner bid under an auction system or fair market-value assessment) including any terms and conditions for 

participation which the Secretary deems to be reasonably necessary to meet the goals of the program. 

ø(2) During the 60-day public comment period— ø(A) the Secretary shall conduct a public hearing in each 

State affected by the program; and 

ø(B) the appropriate Council or State shall submit its comments and recommendations, if any, regarding the plan and 

regulations. 

ø(3) Within 45 days after the close of the public comment period, 

the Secretary, in consultation with the appropriate Council or 

State, shall analyze the public comment received and publish in 

the Federal Register a final implementation plan for the program 

and regulations for its implementation. The Secretary may not 

adopt a final implementation plan involving industry fees or debt 

obligation unless an industry fee system has been approved by a 

referendum under this section.¿ 

(e) IMPLEMENTATION PLAN.— (1) FRAMEWORK REGULATIONS.—The Secretary shall propose 

and adopt framework regulations applicable to the implementation of all programs under this section. 

(2) PROGRAM REGULATIONS.—The Secretary shall implement 

each program under this section by promulgating regulations 

that, together with the framework regulations, establish each 

program and control its implementation. 

(3) HARVESTER PROPONENTS’ IMPLEMENTATION PLAN.—The 

Secretary may not propose implementation regulations for a 

program to be paid for by an industry fee system until the harvester proponents of the program provide to the Secretary a proposed implementation plan that, among other matters— (A) proposes the types and numbers of vessels or permits 

that are eligible to participate in the program and the manner in which the program shall proceed, taking into account—

(i) the requirements of this section; 

(ii) the requirements of the framework regulations; 

(iii) the characteristics of the fishery; 

(iv) the requirements of the applicable fishery management plan and any amendment that such plan may 

require to support the proposed program; 

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

fishery; 

(vi) the need to minimize program costs; and 

(vii) other matters, including the manner in which 

such proponents propose to fund the program to ensure 

its cost effectiveness, as well as any relevant factors 

demonstrating the potential for, or necessary to obtain, 

the support and general cooperation of a substantial 

number of affected harvesters in the fishery (or portion 

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


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(B) proposes procedures for program participation (such 

as submission of owner bids under an auction system or 

fair market-value assessment), including any terms and 

conditions for participation, that the harvester proponents 

deem to be reasonably necessary to meet the program’s proposed objectives. 

(4) PARTICIPATION CONTRACTS.—The Secretary shall contract 

with each person participating in a program, and each such 

contract shall, in addition to including such other matters as 

the Secretary deems necessary and appropriate to effectively implement each program (including penalties for contract non-performance) be consistent with the framework and implementing 

regulations and all other applicable law. 

(5) REDUCTION AUCTIONS.—Each program not involving fair 

market assessment shall involve a reduction auction that scores 

the reduction price of each bid offer by the data relevant to each 

bidder under an appropriate fisheries productivity factor. If the 

Secretary accepts bids, the Secretary shall accept responsive 

bids in the rank order of their bid scores, starting with the bid 

whose reduction price is the lowest percentage of the productivity factor, and successively accepting each additional responsive bid in rank order until either there are no more responsive 

bids or acceptance of the next bid would cause the total value 

of bids accepted to exceed the amount of funds available for the 

program. 

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

Secretary issuing invitations to bid setting out the terms and 

conditions for participation consistent with the framework and 

implementing regulations. Each bid that the Secretary receives 

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

* * * * * * * 

SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 

AND RECOVERY PROGRAM. 

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

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

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

transition program to provide immediate disaster relief assistance to 

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

disaster. 

(b) PROGRAM COMPONENTS.—

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

(A) meeting immediate regional shoreside fishery infrastructure needs, including processing facilities, cold storage 

facilities, ice houses, docks, including temporary docks and 

storage facilities, and other related shoreside fishery support facilities and infrastructure; 

(B) financial assistance and job training assistance for 

fishermen who wish to remain in a fishery in the region 


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that may be temporarily closed as a result of environmental 

or other effects associated with the disaster; 

(C) funding, pursuant to the requirements of section 

312(b), to fishermen who are willing to scrap a fishing vessel and permanently surrender permits for fisheries named 

on that vessel; and 

(D) any other activities authorized under section 312(a) of 

this Act or section 308(d) of the Interjurisdictional Fisheries 

Act of 1986 (16 U.S.C. 4107(d)). 

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

fishing vessel under the program shall be eligible for job training assistance. 

(3) STATE PARTICIPATION OBLIGATION.—The participation by 

a State in the program shall be conditioned upon a commitment 

by the appropriate State entity to ensure that the relevant State 

fishery meets the requirements of section 312(b) of this Act to 

ensure excess capacity does not re-enter the fishery. 

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

matching requirements of section 312 of this Act, section 308 of 

the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107), 

and any other provision of law under which the Federal share 

of the cost of any activity is limited to less than 100 percent if 

the Secretary determines that—

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

(B) the probable benefit of 100 percent Federal financing 

outweighs the public interest in imposition of the matching 

requirement. 

(5) NET REVENUE LIMIT INAPPLICABLE.—Section 308(d)(3) of 

the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) shall 

not apply to assistance under this section. 

(c) REGIONAL IMPACT EVALUATION.—Within 2 months after a catastrophic regional fishery disaster the Secretary shall provide the 

Governor of each State participating in the program a comprehensive economic and socio-economic evaluation of the affected region’s 

fisheries to assist the Governor in assessing the current and future 

economic viability of affected fisheries, including the economic impact of foreign fish imports and the direct, indirect, or environmental impact of the disaster on the fishery and coastal communities. 

(d) CATASTROPHIC REGIONAL FISHERY DISASTER DEFINED.—In 

this section the term ‘‘catastrophic regional fishery disaster’’ means 

a natural disaster, including a hurricane or tsunami, or a judicial 

or regulatory closure to protect human health or the marine environment, that—

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

(2) affects more than 1 State or a major fishery managed by 

a Council or interstate fishery commission; and 

(3) is determined by the Secretary to be a commercial fishery 

failure under section 312(a) of this Act or a fishery resource disaster or section 308(d) of the Interjurisdictional Fisheries Act of 

1986 (16 U.S.C. 4107(d)). 


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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 2005, 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 to develop technological devices and other conservation engineering changes designed to minimize bycatch, seabird bycatch, 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 bycatch 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 bycatch rates; and 

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

available, will reduce bycatch and seabird bycatch, bycatch 

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

fishery. 

SEC. 317. 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, 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 


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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 postrelease 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 2005, the 

Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based 

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-at-sea 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. 318. 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. 319. 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. 


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SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT. 

[16 U.S.C. 1881] 

(a) STANDARDIZED FISHING VESSEL REGISTRATION AND INFORMA- TION MANAGEMENT SYSTEM.—The Secretary shall, in cooperation 

with the Secretary of the department in which the Coast Guard is 

operating, the States, the Councils, and Marine Fisheries Commissions, develop recommendations for implementation of a standardized fishing vessel registration and information management system on a regional basis. The recommendations shall be developed 

after consultation with interested governmental and nongovernmental parties and shall— (1) be designed to standardize the requirements of vessel 

registration and information collection systems required by 

this Act, the Marine Mammal Protection Act (16 U.S.C. 1361 

et seq.), and any other marine resource law implemented by 

the Secretary, and, with the permission of a State, any marine 

resource law implemented by such State; 

(2) integrate information collection programs under existing 

fishery management plans into a non-duplicative information 

collection and management system; 

(3) avoid duplication of existing State, tribal, or Federal systems and shall utilize, to the maximum extent practicable, information collected from existing systems; 

(4) provide for implementation of the system through cooperative agreements with appropriate State, regional, or tribal entities and Marine Fisheries Commissions; 

(5) provide for funding (subject to appropriations) to assist 

appropriate State, regional, or tribal entities and Marine Fisheries Commissions in implementation; 

(6) establish standardized units of measurement, nomenclature, and formats for the collection and submission of information; 

(7) minimize the paperwork required for vessels registered 

under the system; 

(8) include all species of fish within the geographic areas of 

authority of the Councils and all fishing vessels including charter fishing vessels, but excluding recreational fishing vessels; 

(9) require United States fish processors, and fish dealers 

and other first ex-vessel purchasers of fish that are subject to 

the proposed system, to submit information (other than economic information) which may be necessary to meet the goals 

of the proposed system; and 

(10) include procedures necessary to ensure—

(A) the confidentiality of information collected under this 

section in accordance with section 402(b); and 

(B) the timely release or availability to the public of information collected under this section consistent with section 402(b). 

(b) FISHING VESSEL REGISTRATION.—The proposed registration 

system should, at a minimum, obtain the following information for 

each fishing vessel— (1) the name and official number or other identification, together with the name and address of the owner or operator or 

both; 


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(2) gross tonnage, vessel capacity, type and quantity of fishing gear, mode of operation (catcher, catcher processor, or 

other), and such other pertinent information with respect to 

vessel characteristics as the Secretary may require; and 

(3) identification (by species, gear type, geographic area of 

operations, and season) of the fisheries in which the fishing 

vessel participates. 

(c) FISHERY INFORMATION.—The proposed information management system should, at a minimum, provide basic fisheries performance information for each fishery, including—

(1) the number of vessels participating in the fishery including charter fishing vessels; 

(2) the time period in which the fishery occurs; 

(3) the approximate geographic location or official reporting 

area where the fishery occurs; 

(4) a description of fishing gear used in the fishery, including 

the amount and type of such gear and the appropriate unit of 

fishing effort; and 

(5) other information required under subsection 303(a)(5) or 

requested by the Council under section 402. 

(d) USE OF REGISTRATION.—Any registration recommended under 

this section shall not be considered a permit for the purposes of 

this Act, and the Secretary may not propose to revoke, suspend, 

deny, or impose any other conditions or restrictions on any such 

registration or the use of such registration under this Act. 

(e) PUBLIC COMMENT.—Within one year after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish 

in the Federal Register for a 60-day public comment period a proposal that would provide for implementation of a standardized fishing vessel registration and information collection system that meets 

the requirements of subsections (a) through (c). The proposal shall 

include—

(1) a description of the arrangements of the Secretary for 

consultation and cooperation with the department in which the 

Coast Guard is operating, the States, the Councils, Marine 

Fisheries Commissions, the fishing industry and other interested parties; and 

(2) any proposed regulations or legislation necessary to implement the proposal. 

(f) CONGRESSIONAL TRANSMITTAL.—Within 60 days after the end 

of the comment period and after consideration of comments received under subsection (e), the Secretary shall transmit to the 

Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a recommended proposal for implementation of a national 

fishing vessel registration system that includes—

(1) any modifications made after comment and consultation; 

(2) a proposed implementation schedule, including a schedule 

for the proposed cooperative agreements required under subsection (a)(4); and 

(3) recommendations for any such additional legislation as 

the Secretary considers necessary or desirable to implement 

the proposed system. 


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ø(g) REPORT TO CONGRESS.—Within 15 months after the date of 

enactment of the Sustainable Fisheries Act, the Secretary shall report to Congress on the need to include recreational fishing vessels 

into a national fishing vessel registration and information collection system. In preparing its report, the Secretary shall cooperate 

with the Secretary of the department in which the Coast Guard is 

operating, the States, the Councils, and Marine Fisheries Commissions, and consult with governmental and nongovernmental parties.¿ 

(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 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.—Within 24 months after the date of 

enactment of the Magnuson-Stevens Fishery conservation and 

Management Reauthorization Act of 2005, the Secretary 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. Unless the Secretary determines that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent possible, 

include—

(A) an adequate number of dockside interviews to accurately estimate recreational catch and effort; 

(B) use of surveys that target anglers registered or licensed at the State or Federal level to collect participation 

and effort data; 

(C) collection and analysis of vessel trip report data from 

charter fishing vessels; and 

(D) development of a weather corrective factor that can be 

applied to recreational catch and effort estimates. 

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

program, the Secretary shall submit a report to Congress that 


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describes the progress made toward achieving the goals and objectives of the program. 

SEC. 402. INFORMATION COLLECTION. 

[16 U.S.C. 1881a] 

ø(a) COUNCIL REQUESTS.—¿ (a) COLLECTION PROGRAMS.—

(1) COUNCIL REQUESTS.—If a Council determines that additional information ø(other than information that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations)¿ would be beneficial for developing, implementing, or 

revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection 

program for the fishery which would provide the types of information ø(other than information that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations)¿ specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is 

justified, and shall promulgate regulations to implement the 

program within 60 days after such determination is made. If 

the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the 

Council of the reasons for such determination in writing. The 

determinations of the Secretary under this øsubsection¿ paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request. 

(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 

collection or observer program requiring submission of such additional information for the fishery. 

ø(b) CONFIDENTIALITY OF INFORMATION.—(1) Any information 

submitted to the Secretary by any person in compliance with any 

requirement under this Act shall be confidential and shall not be 

disclosed, except—

ø(A) to Federal employees and Council employees who are 

responsible for fishery management plan development and 

monitoring; 

ø(B) to State or Marine Fisheries Commission employees 

pursuant to an agreement with the Secretary that prevents 

public disclosure of the identity or business of any person; 

ø(C) when required by court order; 

ø(D) when such information is used to verify catch under øan 

individual fishing quota program¿ a limited access privilege; 

ø(E) that observer information collected in fisheries under 

the authority of the North Pacific Council may be released to 

the public as specified in a fishery management plan or regulation for weekly summary bycatch information identified by vessel, and for haul-specific bycatch information without vessel 

identification; or 


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ø(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. 

(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 that contains confidential information shall be confidential and shall be 

exempt from disclosure under section 552(h)(3) of title 5, United 

States Code, except—

(A) to Federal employees and Council employees who are 

responsible for fishery management plan development, 

monitoring, or enforcement; 

(B) to State or Marine Fisheries Commission employees 

as necessary to further the Department’s mission, subject to 

a confidentiality agreement that prohibits public disclosure 

of confidential information relating to 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 such information is used by State, Council, or 

Marine Fisheries Commission employees to verify catch 

under a limited access program, but only to the extent that 

such use is consistent with subparagraph (B); 

(E) 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; 

(F) when such information is required to be submitted to 

the Secretary for any determination under a limited access 

program; or 

(G) 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 (G) 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, 

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closure 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. 

ø(2)¿ (3) 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 which does not directly or indirectly disclose the 

identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management 

purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this Act or the 

use, release, or publication of bycatch information pursuant to 

paragraph (1)(E). 

(c) RESTRICTION ON USE OF CERTAIN INFORMATION.—(1) The Secretary shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this Act, the Marine 

Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the 

Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, 

while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not 

required by any of such Acts or regulations thereunder. 

(2) The Secretary may not require the submission of a Federal 

or State income tax return or statement as a prerequisite for 

issuance of a permit until such time as the Secretary has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation 

and management purpose, and to provide appropriate penalties for 

violation of such regulations. 

(d) CONTRACTING AUTHORITY.—Notwithstanding any other provision of law, the Secretary may provide a grant, contract, or other 

financial assistance on a sole-source basis to a State, Council, or 

Marine Fisheries Commission for the purpose of carrying out information collection or other programs if—

(1) the recipient of such a grant, contract, or other financial 

assistance is specified by statute to be, or has customarily 

been, such State, Council, or Marine Fisheries Commission; or 

(2) the Secretary has entered into a cooperative agreement 

with such State, Council, or Marine Fisheries Commission. 

(e) RESOURCE ASSESSMENTS.—(1) The Secretary may use the private sector to provide vessels, equipment, and services necessary to 

survey the fishery resources of the United States when the arrangement will yield statistically reliable results. 


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(2) The Secretary, in consultation with the appropriate Council 

and the fishing industry— (A) may structure competitive solicitations under paragraph 

(1) so as to compensate a contractor for a fishery resources survey by allowing the contractor to retain for sale fish harvested 

during the survey voyage; 

(B) in the case of a survey during which the quantity or 

quality of fish harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide 

that compensation by permitting the contractor to harvest on 

a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and 

(C) may permit fish harvested during such survey to count 

toward a vessel’s catch history under a fishery management 

plan if such survey was conducted in a manner that precluded 

a vessel’s participation in a fishery that counted under the 

plan for purposes of determining catch history. 

(3) The Secretary shall undertake efforts to expand annual fishery resource assessments in all regions of the Nation. 

SEC. 404. FISHERIES RESEARCH. 

[16 U.S.C. 1881c] 

(a) IN GENERAL.—The Secretary shall initiate and maintain, in 

cooperation with the Councils, a comprehensive program of fishery 

research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation 

and management and on the economics and social characteristics 

of the fisheries. 

(b) STRATEGIC PLAN.—Within one year after the date of enactment of the Sustainable Fisheries Act and at least every 3 years 

thereafter, the Secretary shall develop and publish in the Federal 

Register a strategic plan for fisheries research for the 5 years immediately following such publication. The plan shall— (1) identify and describe a comprehensive program with a 

limited number of priority objectives for research in each of the 

areas specified in subsection (c); 

(2) indicate goals and timetables for the program described 

in paragraph (1); 

(3) provide a role for commercial fishermen in such research, 

including involvement in field testing; 

(4) provide for collection and dissemination, in a timely manner, of complete and accurate information concerning fishing 

activities, catch, effort, stock assessments, and other research 

conducted under this section; and 

(5) be developed in cooperation with the Councils and affected States, and provide for coordination with the Councils, 

affected States, and other research entities. 

(c) AREAS OF RESEARCH.—Areas of research are as follows: 

(1) Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of 

fish, the interdependence of fisheries or stocks of fish, the identification of essential fish habitat, the impact of pollution on 

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tion, and other factors affecting the abundance and availability 

of fish. 

(2) Conservation engineering research, including the study of 

fish behavior and the development and testing of new gear 

technology and fishing techniques to minimize bycatch and any 

adverse effects on essential fish habitat and promote efficient 

harvest of target species. 

(3) Research on the fisheries, including the social, cultural, 

and economic relationships among fishing vessel owners, crew, 

United States fish processors, associated shoreside labor, seafood markets and fishing communities. 

(4) Information management research, including the development of a fishery information base and an information management system øunder section 401¿ that will permit the full 

use of information in the support of effective fishery conservation and management. 

(d) PUBLIC NOTICE.—In developing the plan required under subsection (a), the Secretary shall consult with relevant Federal, State, 

and international agencies, scientific and technical experts, and 

other interested persons, public and private, and shall publish a 

proposed plan in the Federal Register for the purpose of receiving 

public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the 

plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives. 

* * * * * * * 

SEC. 406. FISHERIES SYSTEMS RESEARCH. 

[16 U.S.C. 1882] 

(a) ESTABLISHMENT OF PANEL.—Not later than 180 days after the 

date of enactment of the Sustainable Fisheries Act, the Secretary 

shall establish an advisory panel under this Act to develop recommendations to expand the application of ecosystem principles in 

fishery conservation and management activities. 

(b) PANEL MEMBERSHIP.—The advisory panel shall consist of not 

more than 20 individuals and include—

(1) individuals with expertise in the structures, functions, 

and physical and biological characteristics of ecosystems; and 

(2) representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the 

management of marine resources. 

(c) RECOMMENDATIONS.—Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described 

in subsection (b)(1), solicit recommendations from the National 

Academy of Sciences. 

(d) REPORT.—Within 2 years after the date of enactment of this 

Act, the Secretary shall submit to the Congress a completed report 

of the panel established under this section, which shall include—

(1) an analysis of the extent to which ecosystem principles 

are being applied in fishery conservation and management activities, including research activities; 


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(2) proposed actions by the Secretary and by the Congress 

that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; 

and 

(3) such other information as may be appropriate. 

(e) PROCEDURAL MATTER.—The advisory panel established under 

this section shall be deemed an advisory panel under section 

302(g). 

(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 2005, 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. 

SEC. 405. GULF OF MEXICO RED SNAPPER RESEARCH. 

[16 U.S.C. 1883] 

(a) INDEPENDENT PEER REVIEW.—

(1) Within 30 days of the date of enactment of the Sustainable Fisheries Act, the Secretary shall initiate an independent 

peer review to evaluate—

(A) the accuracy and adequacy of fishery statistics used 

by the Secretary for the red snapper fishery in the Gulf of 

Mexico to account for all commercial, recreational, and 

charter fishing harvests and fishing effort on the stock; 

(B) the appropriateness of the scientific methods, information, and models used by the Secretary to assess the 

status and trends of the Gulf of Mexico red snapper stock 

and as the basis for the fishery management plan for the 

Gulf of Mexico red snapper fishery; 

(C) the appropriateness and adequacy of the management measures in the fishery management plan for red 

snapper in the Gulf of Mexico for conserving and managing the red snapper fishery under this Act; and 


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(D) the costs and benefits of all reasonable alternatives 

to øan individual fishing quota¿ a limited access privilege 

program for the red snapper fishery in the Gulf of Mexico. 

(2) The Secretary shall ensure that commercial, recreational, 

and charter fishermen in the red snapper fishery in the Gulf 

of Mexico are provided an opportunity to— (A) participate in the peer review under this subsection; 

and 

(B) provide information to the Secretary concerning the 

review of fishery statistics under this subsection without 

being subject to penalty under this Act or other applicable 

law for any past violation of a requirement to report such 

information to the Secretary. 

(3) The Secretary shall submit a detailed written report on 

the findings of the peer review conducted under this subsection 

to the Gulf Council no later than one year after the date of enactment of the Sustainable Fisheries Act. 

(b) PROHIBITION.—In addition to the restrictions under section 

303(d)(1)(A), the Gulf Council may not, prior to October 1, 2002, 

undertake or continue the preparation of any fishery management 

plan, plan amendment or regulation under this Act for the Gulf of 

Mexico commercial red snapper fishery that creates an individual 

fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits 

for vessels in the same class. 

(c) REFERENDUM.—(1) On or after October 1, 2002, the Gulf 

Council may prepare and submit a fishery management plan, plan 

amendment, or regulation for the Gulf of Mexico commercial red 

snapper fishery that creates øan individual fishing quota¿ a limited 

access privilege program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits 

for vessels in the same class, only if the preparation of such plan, 

amendment, or regulation is approved in a referendum conducted 

under paragraph (2) and only if the submission to the Secretary of 

such plan, amendment, or regulation is approved in a subsequent 

referendum conducted under paragraph (2). 

(2) The Secretary, at the request of the Gulf Council, shall conduct referendums under this subsection. Only a person who held an 

annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person to whom such permit with 

such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial fishery using 

such endorsement in each red snapper fishing season occurring between January 1, 1993, and such date may vote in a referendum 

under this subsection. The referendum shall be decided by a majority of the votes cast. The Secretary shall develop a formula to 

weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the fishery between January 1, 1993, and September 1, 1996. Prior to each referendum, the Secretary, in consultation with the Council, shall—

(A) identify and notify all such persons holding permits with 

red snapper endorsements and all such vessel captains; and 

(B) make available to all such persons and vessel captains 

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quirements for the referendum and the proposed øindividual 

fishing quota¿ limited access privilege program. 

(d) CATCH LIMITS.—Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after the date of enactment of the Sustainable Fisheries 

Act shall contain conservation and management measures that—

(1) establish separate quotas for recreational fishing (which, 

for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a 

prohibition on the retention of fish caught during recreational 

fishing and commercial fishing, respectively, for the remainder 

of the fishing year; and 

(2) ensure that such quotas reflect allocations among such 

sectors and do not reflect any harvests in excess of such allocations. 

* * * * * * * 

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 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 2005, the Secretary, in consultation with the 

Councils, shall submit biennial reports to Congress and the public 

on steps taken by the Secretary to identify and monitor, and the 

Councils to protect, deep sea coral areas, including summaries of 

the results of mapping, research, and data collection performed 

under the program. 


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HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH 

SEAS LARGE-SCALE DRIFTNET FISHING. 

[16 U.S.C. 1826a] 

(a) DENIAL OF PORT PRIVILEGES.—

(1) PUBLICATION OF LIST.—Not later than 30 days after the 

date of enactment of this Act and periodically thereafter, the 

Secretary of Commerce, in consultation with the Secretary of 

State, shall publish a list of nations whose nationals or vessels 

conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation. 

(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasury shall, in accordance with recognized principles of international law—

(A) withhold or revoke the clearance required by section 

4197 of the Revised Statutes of the United States (46 App. 

U.S.C. 91) for any large-scale driftnet fishing vessel that is 

documented under the laws of the United States or of a 

nation included on a list published under paragraph (1); 

and 

(B) deny entry of that vessel to any place in the United 

States and to the navigable waters of the United States. 

(3) NOTIFICATION OF NATION.—Before the publication of a list 

of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding—

(A) the effect of that publication on port privileges of 

vessels of that nation under paragraph (1); and 

(B) any sanctions or requirements, under this Act or any 

other law, that may be imposed on that nation if nationals 

or vessels of that nation continue to conduct large-scale 

driftnet fishing beyond the exclusive economic zone of any 

nation after December 31, 1992. 

(b) SANCTIONS.—

(1) IDENTIFICATIONS.—

(A) INITIAL IDENTIFICATIONS.—Not later than January 

10, 1993, the Secretary of Commerce shall—

(i) identify each nation whose nationals or vessels 

are conducting large-scale driftnet fishing or illegal, 

unreported, or unregulated fishing beyond the exclusive economic zone of any nation; and 

(ii) notify the President and that nation of the identification under clause (i). 

(B) ADDITIONAL IDENTIFICATIONS.—At any time after 

January 10, 1993, whenever the Secretary of Commerce 

has reason to believe that the nationals or vessels of any 

nation are conducting large-scale driftnet fishing or illegal, 

unreported, or unregulated fishing beyond the exclusive 

economic zone of any nation, the Secretary of Commerce 

shall—

(i) identify that nation; and 

(ii) notify the President and that nation of the identification under clause (i). 


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(2) CONSULTATIONS.—Not later than 30 days after a nation 

is identified under paragraph (1)(B), the President shall enter 

into consultations with the government of that nation for the 

purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing or illegal, unreported, or unregulated fishing by the nationals or vessels of 

that nation beyond the exclusive economic zone of any nation. 

(3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND

SPORT FISHING EQUIPMENT.—

(A) PROHIBITION.—The President—

(i) upon receipt of notification of the identification of 

a nation under paragraph (1)(A); or 

(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of 

the Treasury to prohibit the importation into the 

United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 

of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) 

from that nation. 

(B) IMPLEMENTATION OF PROHIBITION.—With respect to 

an import prohibition directed under subparagraph (A), 

the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after 

the date on which the Secretary has received the direction 

from the President. 

(C) PUBLIC NOTICE OF PROHIBITION.—Before the effective 

date of any import prohibition under this paragraph, the 

Secretary of the Treasury shall provide public notice of the 

impending prohibition. 

(4) ADDITIONAL ECONOMIC SANCTIONS.—

(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS.—

Not later than six months after the date the Secretary of 

Commerce identifies a nation under paragraph (1), the 

Secretary shall determine whether—

(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation to terminate largescale driftnet fishing or illegal, unreported, or unregulated fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; or 

(ii) that nation has retaliated against the United 

States as a result of that prohibition. 

(B) CERTIFICATION.—The Secretary of Commerce shall 

certify to the President each affirmative determination 

under subparagraph (A) with respect to a nation. 

(C) EFFECT OF CERTIFICATION.—Certification by the Secretary of Commerce under subparagraph (B) is deemed to 

be a certification under section 8(a) of the Fishermen’s 

Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by 

this Act. 


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SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS. 

[16 U.S.C. 1826b] 

Any denial of port privileges or sanction under section 101 with 

respect to a nation shall remain in effect until such time as the 

Secretary of Commerce certifies to the President and the Congress 

that such nation has terminated large-scale driftnet fishing or illegal, unreported, or unregulated fishing by its nationals and vessels 

beyond the exclusive economic zone of any nation. 

* * * * * * * 

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 2005, and every 2 years thereafter, 

a report that includes—

(1) the state of knowledge on the status of international living 

marine resources, including a list of all 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 

sections 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 with the provisions of 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, pursuant to section 

608, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated 

fishing; and 

(5) a plan of action for ensuring the conclusion and entry into 

force of 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, 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—


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(A) to incorporate multilateral sanctions against member 

or nonmember governments whose vessels engage in illegal, 

unreported, or unregulated fishing; 

(B) to seek adoption of lists that identify fishing vessels 

engaged in illegal, unreported, or unregulated fishing, including authorized (green) and unauthorized (red) vessel 

lists, that can be shared among all members and other 

international fishery management organizations; 

(C) to seek international adoption of a centralized vessel 

monitoring system with an independent secretariat in order 

to monitor and document capacity in fleets of all nations 

involved in fishing in areas under the 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 greater port state controls in all 

nations, particularly those nations whose vessels engage in 

illegal, unreported, or unregulated fishing; 

(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, 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—

(1) fishing vessels of that nation are engaged, or have been 

engaged during the preceding calendar year in illegal, unreported, or unregulated fishing; and 


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(2) 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 where no international fishery management organization exists. 

(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, in consultation 

with 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, and including notice and an 

opportunity for comment by the governments of any nation listed by the Secretary under subsection (a), for determining if that 

government has taken appropriate corrective action with respect 

to the offending activities of its fishing vessels identified in the 

report under section 607. 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—

(A) whether the government of each nation identified 

under subsection (b) 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, shipperby-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 


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(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.—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)) 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 shall not apply 

to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. 

(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 GUIDE- LINES.—Within 3 months after the date of enactment of the 

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2005, 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— (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, including bottom trawling, that have 

adverse impacts 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 2006 through 2012 

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—

(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding calendar year in fishing 

activities or practices beyond the exclusive economic zone 

that result in bycatch of a protected living marine resource; 

(2) the relevant international organization for the conservation and protection of such species or the relevant 

international or regional fishery organization has failed to 

implement effective measures to end or reduce the impacts 

of the fishing practices of the nation’s vessels on such speVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00165 Fmt 6604 Sfmt 6603 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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cies, 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 and associated bycatch of protected living marine resources that are comparable to those 

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 requirements 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 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) CERTIFICATION.—The Secretary shall determine, on the 

basis of a procedure consistent with the provisions of subchapter II of chapter 5 of title 5, United States Code, and including notice and an opportunity for comment by the governments of any nation identified by the Secretary under subsection (a). The Secretary shall certify to the Congress by January 31, 2007, and annually thereafter whether the government 

of each harvesting nation—

(A) has provided documentary evidence of the adoption of 

a regulatory program governing the conservation of the protected living marine resource, including measures to ensure 

maximum probability for survival after release, 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) 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 (1) 

if the Secretary determines that such imports were harvested by 


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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. 

(3) 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)) 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 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 occurring in areas beyond United States jurisdiction 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 2006 through 2012 

such sums as are necessary to carry out this section. 


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PUBLIC LAW 105-384 

SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND 

CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY. 

[16 U.S.C. 1856 note] 

(a) IN GENERAL.—Subject to the provisions of this section and 

notwithstanding section 306(a) of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1856(a)), each of the 

States of Washington, Oregon, and California may adopt and enforce State laws and regulations governing fishing and processing 

in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer magister) fishery for which there is no fishery 

management plan in effect under that Act. 

(b) REQUIREMENTS FOR STATE MANAGEMENT.—Any law or regulation adopted by a State under this section for a Dungeness crab 

fishery—

(1) except as provided in paragraph (2), shall apply equally 

to vessels engaged in the fishery in the exclusive economic 

zone and vessels engaged in the fishery in the waters of the 

State, and without regard to the State that issued the permit 

under which a vessel is operating; 

(2) shall not apply to any fishing by a vessel in exercise of 

tribal treaty rights except as provided in United States v. 

Washington, D.C. No. CV-70-09213, United States District 

Court for the Western District of Washington; and 

(3) shall include any provisions necessary to implement tribal treaty rights pursuant to the decision in United States v. 

Washington, D.C. No. CV-70-09213. 

(c) LIMITATION ON ENFORCEMENT OF STATE LIMITED ACCESS SYSTEMS.—Any law of the State of Washington, Oregon, or California 

that establishes or implements a limited access system for a Dungeness crab fishery may not be enforced against a vessel that is 

otherwise legally fishing in the exclusive economic zone adjacent to 

that State and that is not registered under the laws of that State, 

except a law regulating landings. 

(d) STATE PERMIT OR TREATY RIGHT REQUIRED.—No vessel may 

harvest or process Dungeness crab in the exclusive economic zone 

adjacent to the State of Washington, Oregon, or California, except 

as authorized by a permit issued by any of those States or pursuant to any tribal treaty rights to Dungeness crab pursuant to the 

decision in United States v. Washington, D.C. No. CV-70-09213. 

(e) STATE AUTHORITY OTHERWISE PRESERVED.—Except as expressly provided in this section, nothing in this section reduces the 

authority of any State under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to regulate 

fishing, fish processing, or landing of fish. 

(f) TERMINATION OF AUTHORITY.—The authority of the States of 

Washington, Oregon, and California under this section with respect 

to a Dungeness crab fishery shall expire on the effective date of a 

fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservation and Management Act. 

(g) [Omitted. Subsection (g) repealed section 112(d) of the Magnuson-Stevens Fishery Conservation and Management Act.] 


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(h) DEFINITIONS.—The definitions set forth in section 3 of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1802) shall apply to this section. 

(i) SUNSET.—This section shall have no force or effect on and 

after øSeptember 30, 2006.¿ September 30, 2016. 

(j) Not later than December 31, 2001, and every 2 years thereafter, the Pacific State Marine Fisheries Commission shall submit 

to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Resources of the House of Representatives a report on the øhealth¿ status and management of the Dungeness Crab fishery located off the coasts of the States of Washington, Oregon, and øCalifornia.¿ 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. 

MERCHANT MARINE ACT, 1936 

TITLE XI—FEDERAL SHIP FINANCING GUARANTEE 

PROGRAM 

SEC. 607. CAPITAL CONSTRUCTION FUND. 

[46 U.S.C. App. 1177] 

(a) AGREEMENT RULES; PERSONS ELIGIBLE; REPLACEMENT, ADDI- TIONAL, OR RECONSTRUCTED VESSELS FOR PRESCRIBED TRADE AND

FISHERY OPERATIONS; AMOUNT OF DEPOSITS, ANNUAL LIMITATION; 

CONDITIONS AND REQUIREMENTS FOR DEPOSITS AND WITH- DRAWALS.—Any citizen of the United States owning or leasing one 

or more eligible vessels (as defined in subsection (k)(l)) may enter 

into an agreement with the Secretary under, and as provided in, 

this section to establish a capital construction fund (hereinafter in 

this section referred to as the ‘‘fund’’) with respect to any or all of 

such vessels. Any agreement entered into under this section shall 

be for the purpose of providing replacement vessels, additional vessels, or reconstructed vessels, built in the United States and documented under the laws of the United States for operation in the 

United States foreign, Great Lakes, or noncontiguous domestic 

trade or in the fisheries of the United States and shall provide for 

the deposit in the fund of the amounts agreed upon as necessary 

or appropriate to provide for qualified withdrawals under subsection (f). The deposits in the fund, and all withdrawals from the 

fund, whether qualified or nonqualified, shall be subject to such 

conditions and requirements as the Secretary may by regulations 

prescribe or are set forth in such agreement; except that the Secretary may not require any person to deposit in the fund for any 

taxable year more than 50 percent of that portion of such person’s 

taxable income for such year (computed in the manner provided in 

subsection (b)(1)(A)) which is attributable to the operation of the 

agreement vessels. 

(b) CEILING ON DEPOSITS; LESSEES; ‘‘AGREEMENT VESSEL’’ DEFINED.—

(1) The amount deposited under subsection (a) in the fund 

for any taxable year shall not exceed the sum of; 


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(A) that portion of the taxable income of the owner or 

lessee for such year (computed as provided in chapter 1 of 

the Internal Revenue Code of 1954 but without regard to 

the carryback of any net operating loss or net capital loss 

and without regard to this section) which is attributable to 

the operation of the agreement vessels in the foreign or domestic commerce of the United States or in the fisheries 

of the United States, 

(B) the amount allowable as a deduction under section 

167 of the Internal Revenue Code of 1954 for such year 

with respect to the agreement vessels, 

(C) if the transaction is not taken into account for purposes of subparagraph (A), the net proceeds (as defined in 

joint regulations) from (i) the sale or other disposition of 

any agreement vessel, or (ii) insurance or indemnity attributable to any agreement vessel, and 

(D) the receipts from the investment or reinvestment of 

amounts held in such fund. 

(2) In the case of a lessee, the maximum amount which may 

be deposited with respect to an agreement vessel by reason of 

paragraph (1)(B) for any period shall be reduced by any 

amount which, under an agreement entered into under this 

section, the owner is required or permitted to deposit for such 

period with respect to such vessel by reason of paragraph 

(1)(B). 

(3) For purposes of paragraph (1), the term ‘‘agreement vessel’’ includes barges and containers which are part of the complement of such vessel and which are provided for in the agreement. 

(c) INVESTMENT REQUIREMENTS; DEPOSITORIES; FIDUCIARY RE- QUIREMENTS; INTEREST-BEARING SECURITIES; STOCK: PERCENTAGE

FOR DOMESTIC ISSUES, LISTING AND REGISTRATION, PRUDENT ACQUISITIONS, VALUE AND PERCENTAGE EQUILIBRIUM, AND TREAT- MENT OF PREFERRED ISSUES.—Amounts in any fund established 

under this section shall be kept in the depository or depositories 

specified in the agreement and shall be subject to such trustee and 

other fiduciary requirements as may be specified by the Secretary. 

They may be invested only in interest-bearing securities approved 

by the Secretary; except that, if the Secretary consents thereto, an 

agreed percentage (not in excess of 60 percent) of the assets of the 

fund may be invested in the stock of domestic corporations. Such 

stock must be currently fully listed and registered on an exchange 

registered with the Securities and Exchange Commission as a national securities exchange, and must be stock which would be acquired by prudent men of discretion and intelligence in such matters who are seeking a reasonable income and the preservation of 

their capital. If at any time the fair market value of the stock in 

the fund is more than the agreed percentage of the assets in the 

fund, any subsequent investment of amounts deposited in the fund, 

and any subsequent withdrawal from the fund, shall be made in 

such a way as to tend to restore the fund to a situation in which 

the fair market value of the stock does not exceed such agreed percentage. For purposes of this subsection, if the common stock of a 

corporation meets the requirements of this subsection and if the 


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preferred stock of such corporation would meet such requirements 

but for the fact that it cannot be listed and registered as required 

because it is nonvoting stock, such preferred stock shall be treated 

as meeting the requirements of this subsection. 

(d) NONTAXABILITY OF DEPOSITS; ELIGIBLE DEPOSITS.— (1) For purposes of the Internal Revenue Code of 1954— (A) taxable income (determined without regard to this 

section and section 7518 of such Code) for the taxable year 

shall be reduced by an amount equal to the amount deposited for the taxable year out of amounts referred to in subsection (b)(1)(A), 

(B) gain from a transaction referred to in subsection 

(b)(1)(C) shall not be taken into account if an amount 

equal to the net proceeds (as defined in joint regulations) 

from such transaction is deposited in the fund, 

(C) the earnings (including gains and losses) from the investment and reinvestment of amounts held in the fund 

shall not be taken into account, 

(D) the earnings and profits of any corporation (within 

the meaning of section 316 of such Code) shall be determined without regard to this section and section 7518 of 

such Code, and 

(E) in applying the tax imposed by section 531 of such 

Code (relating to the accumulated earnings tax), amounts 

while held in the fund shall not be taken into account. 

(2) Paragraph (1) shall apply with respect to any amount 

only if such amount is deposited in the fund pursuant to the 

agreement and not later than the time provided in joint regulations. 

(e) ACCOUNTS WITHIN FUND: CAPITAL ACCOUNT, CAPITAL GAIN

ACCOUNT, AND ORDINARY INCOME ACCOUNT; LIMITATION ON CAPITAL LOSSES.—For purposes of this section—

(1) Within the fund established pursuant to this section 

three accounts shall be maintained: 

(A) the capital account, 

(B) the capital gain account, and 

(C) the ordinary income account. 

(2) The capital account shall consist of— (A) amounts referred to in subsection (b)(1)(B), 

(B) amounts referred to in subsection (b)(1)(C) other 

than that portion thereof which represents gain not taken 

into account by reason of subsection (d)(1)(B), 

(C) the percentage applicable under section 243(a)(1) of 

the Internal Revenue Code of 1986 of any dividend received by the fund with respect to which the person maintaining the fund would (but for subsection (d)(1)(C)) be allowed a deduction under section 243 of the Internal Revenue Code of 1954, and 

(D) interest income exempt from taxation under section 

103 of such Code. 

(3) The capital gain account shall consist of—

(A) amounts representing capital gains on assets held for 

more than 6 months and referred to in subsection (b)(1)(C) 

or (b)(1)(D) reduced by 


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(B) amounts representing capital losses on assets held in 

the fund for more than 6 months. 

(4) The ordinary income account shall consist of— (A) amounts referred to in subsection (b)(1)(A), 

(B)(i) amounts representing capital gains on assets held 

for 6 months or less and referred to in subsection (b)(1)(C) 

or (b)(1)(D), reduced by— (ii) amounts representing capital losses on assets held in 

the fund for 6 months or less, 

(C) interest (not including any tax-exempt interest referred to in paragraph (2)(D)) and other ordinary income 

(not including any dividend referred to in subparagraph 

(E)) received on assets held in the fund, 

(D) ordinary income from a transaction described in subsection (b)(1)(C), and 

(E) the portion of any dividend referred to in paragraph 

(2)(C) not taken into account under such paragraph. 

(5) Except on termination of a fund, capital losses referred 

to in paragraph (3)(B) or in paragraph (4)(B)(ii) shall be allowed only as an offset to gains referred to in paragraph (3)(A) 

or (4)(B)(i), respectively. 

(f) PURPOSES OF QUALIFIED WITHDRAWALS; NONQUALIFIED WITH- DRAWAL TREATMENT FOR NONFULFILLMENT OF SUBSTANTIAL OBLI- GATIONS.—(1) A qualified withdrawal from the fund is one made in accordance with the terms of the agreement but only if it is 

øfor:¿ for— (A) the acquisition, construction, or reconstruction of a 

qualified øvessel,¿ vessel; 

(B) the acquisition, construction, or reconstruction of 

barges and containers which are part of the complement of 

a qualified øvessel, or¿ vessel; 

(C) the payment of the principal on indebtedness incurred in connection with the acquisition, construction or 

reconstruction of a qualified vessel or a barge or container 

which is part of the complement of a qualified øvessel.¿ 

vessel; 

(D) in the case of any person for whose benefit the fund 

was established and who participates in the fishing capacity reduction program under section 312 of the MagnusonStevens Fishery Conservation and Management Act (16 

U.S.C. 1861a)—

(i) if such person remains in the fishery, the satisfaction of any debt obligation undertaken pursuant to 

such program; and 

(ii) if such person withdraws 1 or more vessels from 

the fishery, the substitution of amounts the person 

would otherwise receive under such program for such 

person’s vessel or permit to engage in the fishery; 

(E) the repair, maintenance, or upgrade of an eligible 

vessel or its equipment for the purpose of—

(i) making conservation engineering changes to reduce bycatch, improve selectivity of fishing gear, or reduce adverse impacts of fishing gear; 


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(ii) improving vessel safety; or 

(iii) acquiring, installing, or upgrading equipment to 

improve collection, reporting, or accuracy of fishery 

data; or 

(F) the acquisition, construction, reconstruction, upgrading, or investment in shoreside fishery-related facilities or 

infrastructure in the United States for the purpose of promoting United States ownership of fishery-related facilities 

in the United States without contributing to overcapacity in 

the sector. 

Except to the extent provided in regulations prescribed by the Secretary subparagraph (B), and so much of subparagraph (C) as relates only to barges and containers, shall apply only with respect 

to barges and containers constructed in the United States. 

(2) Under joint regulations, if the Secretary determines that 

any substantial obligation under or any agreement is not being 

fulfilled, he may, after notice and opportunity for hearing to 

the person maintaining the fund, treat the entire fund or any 

portion thereof as an amount withdrawn from the fund in a 

nonqualified withdrawal. 

(g) TAX TREATMENT OF QUALIFIED WITHDRAWALS; BASIS: REDUC- TION.—

(1) Any qualified withdrawal from a fund shall be treated— (A) first as made out of the capital account, 

(B) second as made out of the capital gain account, and 

(C) third as made out of the ordinary income account. 

(2) If any portion of a qualified withdrawal for a vessel, 

barge, or container is made out of the ordinary income account, 

the basis of such vessel, barge, or container shall be reduced 

by an amount equal to such portion. 

(3) If any portion of a qualified withdrawal for a vessel, 

barge, or container is made out of the capital gain account, the 

basis of such vessel, barge, or container shall be reduced by an 

amount equal to such portion. 

(4) If any portion of a qualified withdrawal to pay the principal on any indebtedness is made out of the ordinary income 

account or the capital gain account, then an amount equal to 

the aggregate reduction which would be required by paragraphs (2) and (3) if this were a qualified withdrawal for a purpose described in such paragraphs shall be applied, in the 

order provided in joint regulations, to reduce the basis of vessels, barges, and containers owned by the person maintaining 

the fund. Any amount of a withdrawal remaining after the application of the preceding sentence shall be treated as a nonqualified withdrawal. 

(5) If any property the basis of which was reduced under 

paragraph (2), (3), or (4) is disposed of, any gain realized on 

such disposition, to the extent it does not exceed the aggregate 

reduction in the basis of such property under such paragraphs, 

shall be treated as an amount referred to in subsection 

(h)(3)(A) which was withdrawn on the date of such disposition. 

Subject to such conditions and requirements as may be provided in joint regulations, the preceding sentence shall not 

apply to a disposition where there is a redeposit in an amount 


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determined under joint regulations which will, insofar as practicable, restore the fund to the position it was in before the 

withdrawal. 

(h) TAX TREATMENT OF NONQUALIFIED WITHDRAWALS; FIFO AND

LIFO BASES; INTEREST RATE.— (1) Except as provided in subsection (i), any withdrawal from 

a fund which is not a qualified withdrawal shall be treated as 

a nonqualified withdrawal. 

(2) Any nonqualified withdrawal from a fund shall be treated— (A) first as made out of the ordinary income account, 

(B) second as made out of the capital gain account, and 

(C) third as made out of the capital account. For purposes of this section, items withdrawn from any account 

shall be treated as withdrawn on a first-in-first-out basis; 

except that (i) any nonqualified withdrawal for research, 

development, and design expenses incident to new and advanced ship design, machinery and equipment, and (ii) any 

amount treated as a nonqualified withdrawal under the 

second sentence of subsection (g)(4), shall be treated as 

withdrawn on a last-in-first-out basis. 

(3) For purposes of the Internal Revenue Code of 1954— (A) any amount referred to in paragraph (2)(A) shall be 

included in income as an item of ordinary income for the 

taxable year in which the withdrawal is made, 

(B) any amount referred to in paragraph (2)(B) shall be 

included in income for the taxable year in which the withdrawal is made as an item of gain realized during such 

year from the disposition of an asset held for more than 

6 months, and 

(C) for the period on or before the last date prescribed 

for payment of tax for the taxable year in which this withdrawal is made— (i) no interest shall be payable under section 6601 of 

such Code and no addition to the tax shall be payable 

under section 6651 of such Code, 

(ii) interest on the amount of the additional tax attributable to any item referred to in subparagraph (A) 

or (B) shall be paid at the applicable rate (as defined 

in paragraph (4)) from the last date prescribed for payment of the tax for the taxable year for which such 

item was deposited in the fund, and 

(iii) no interest shall be payable on amounts referred 

to in clauses (i) and (ii) of paragraph (2) or in the case 

of any nonqualified withdrawal arising from the application of the recapture provision of section 606(5) of 

the Merchant Marine Act of 1936 as in effect on December 31, 1969. 

(4) For purposes of paragraph (3)(C)(ii), the applicable rate 

of interest for any nonqualified withdrawal—

(A) made in a taxable year beginning in 1970 or 1971 is 

8 percent, or 

(B) made in a taxable year beginning after 1971, shall 

be determined and published jointly by the Secretary of 


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the Treasury and the Secretary and shall bear a relationship to 8 percent which the Secretaries determine under 

joint regulations to be comparable to the relationship 

which the money rates and investment yields for the calendar year immediately preceding the beginning of the 

taxable year bear to the money rates and investment 

yields for the calendar year 1970. 

(5) AMOUNT NOT WITHDRAWN FROM FUND AFTER 25 YEARS

FROM DEPOSIT TAXED AS NONQUALIFIED WITHDRAWAL.—

(A) IN GENERAL.—The applicable percentage of any 

amount which remains in a capital construction fund at 

the close of the 26th, 27th, 28th, 29th, or 30th taxable year 

following the taxable year for which such amount was deposited shall be treated as a nonqualified withdrawal in 

accordance with the following table: 

If the amount remains in the fund at the close of 

the— The applicable percentage is— 

26th taxable year .................................................... 20 percent 

27th taxable year .................................................... 40 percent 

28th taxable year .................................................... 60 percent 

29th taxable year .................................................... 80 percent 

30th taxable year .................................................... 100 percent. 

(B) EARNINGS TREATED AS DEPOSITS.—The earnings of 

any capital construction fund for any taxable year (other 

than net gains) shall be treated for purposes of this paragraph as an amount deposited for such taxable year. 

(C) AMOUNTS COMMITTED TREATED AS WITHDRAWN.—For 

purposes of subparagraph (A), an amount shall not be 

treated as remaining in a capital construction fund at the 

close of any taxable year to the extent there is a binding 

contract at the close of such year for a qualified withdrawal of such amount with respect to an identified item 

for which such withdrawal may be made. 

(D) AUTHORITY TO TREAT EXCESS FUNDS AS WITH- DRAWN.—If the Secretary determines that the balance in 

any capital construction fund exceeds the amount which is 

appropriate to meet the vessel construction program objectives of the person who established such fund, the amount 

of such excess shall be treated as a nonqualified withdrawal under subparagraph (A) unless such person develops appropriate program objectives within 3 years to dissipate such excess. 

(E) AMOUNTS IN FUND ON JANUARY 1, 1987.—For purposes 

of this paragraph, all amounts in a capital construction 

fund on January 1, 1987, shall be treated as deposited in 

such fund on such date. 

(6) NONQUALIFIED WITHDRAWALS TAXED AT HIGHEST MARGINAL RATE.—


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(A) IN GENERAL.—In the case of any taxable year for 

which there is a nonqualified withdrawal (including any 

amount so treated under paragraph (5)), the tax imposed 

by chapter 1 of the Internal Revenue Code of 1986 shall 

be determined—

(i) by excluding such withdrawal from gross income, 

and 

(ii) by increasing the tax imposed by chapter 1 of 

such Code by the product of the amount of such withdrawal and the highest rate of tax specified in section 

1 (section 11 in the case of a corporation) of such Code. 

With respect to the portion of any nonqualified withdrawal made out of the capital gain account during a 

taxable year to which section 1(h) or 1201(a) of such 

Code applies, the rate of tax taken into account under 

the preceding sentence shall not exceed 15 percent (34 

percent in the case of a corporation). 

(B) TAX BENEFIT RULE.—If any portion of a nonqualified 

withdrawal is properly attributable to deposits (other than 

earnings on deposits) made by the taxpayer in any taxable 

year which did not reduce the taxpayer’s liability for tax 

under chapter 1 for any taxable year preceding the taxable 

year in which such withdrawal occurs—

(i) such portion shall not be taken into account 

under subparagraph (A), and 

(ii) an amount equal to such portion shall be treated 

as allowed as a deduction under section 172 of such 

Code for the taxable year in which such withdrawal 

occurs. 

(i) CORPORATE REORGANIZATIONS AND PARTNERSHIP CHANGES.—

Under joint regulations—

(1) a transfer of a fund from one person to another person 

in a transaction to which section 381 of the Internal Revenue 

Code of 1954 applies may be treated as if such transaction did 

not constitute a nonqualified withdrawal, and 

(2) a similar rule shall be applied in the case of a continuation of a partnership (within the meaning of subchapter K of 

such Code). 

(j) TREATMENT OF EXISTING FUNDS; RELATION OF OLD TO NEW

FUND.—

(1) Any person who was maintaining a fund or funds (hereinafter in this subsection referred to as ‘‘old fund’’) under this 

section (as in effect before the enactment of this subsection) 

may elect to continue such old fund but—

(A) may not hold moneys in the old fund beyond the expiration date provided in the agreement under which such 

old fund is maintained (determined without regard to any 

extension or renewal entered into after April 14, 1970), 

(B) may not simultaneously maintain such old fund and 

a new fund established under this section, and 

(C) if he enters into an agreement under this section to 

establish a new fund, may agree to the extension of such 

agreement to some or all of the amounts in the old fund. 


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(2) In the case of any extension of an agreement pursuant to 

paragraph (1)(C), each item in the old fund to be transferred 

shall be transferred in a nontaxable transaction to the appropriate account in the new fund established under this section. 

For purposes of subsection (h)(3)(C), the date of the deposit of 

any item so transferred shall be July 1, 1971, or the date of 

the deposit in the old fund, whichever is the later. 

(k) DEFINITIONS.—For the purposes of this section— (1) The term ‘‘eligible vessel’’ means any vessel— (A) constructed in the United States and, if reconstructed, reconstructed in the United States, 

(B) documented under the laws of the United States, and 

(C) operated in the foreign or domestic commerce of the 

United States or in the fisheries of the United States. Any 

vessel which (i) was constructed outside of the United 

States but documented under the laws of the United 

States on April 15, 1970, or (ii) constructed outside the 

United States for use in the United States foreign trade 

pursuant to a contract entered into before April 15, 1970, 

shall be treated as satisfying the requirements of subparagraph (A) of this paragraph and the requirements of subparagraph (A) of paragraph (2). 

(2) The term ‘‘qualified vessel’’ means any vessel— (A) constructed in the United States and, if reconstructed, reconstructed in the United States, 

(B) documented under the laws of the United States, and 

(C) which the person maintaining the fund agrees with 

the Secretary of Commerce will be operated in the United 

States foreign, Great Lakes, or noncontiguous domestic 

trade or in the fisheries of the United States. 

(3) The term ‘‘agreement vessel’’ means any eligible vessel or 

qualified vessel which is subject to an agreement entered into 

under this section. 

(4) The term ‘‘United States’’, when used in a geographical 

sense, means the continental United States including Alaska, 

Hawaii, and Puerto Rico. 

(5) The term ‘‘United States foreign trade’’ includes (but is 

not limited to) those areas in domestic trade in which a vessel 

built with construction-differential subsidy is permitted to operate under the first sentence of section 506 of this Act. 

(6) The term ‘‘joint regulations’’ means regulations prescribed 

under subsection (l). 

(7) The term ‘‘vessel’’ includes cargo handling equipment 

which the Secretary of Commerce determines is intended for 

use primarily on the vessel. The term ‘‘vessel’’ also includes an 

ocean- going towing vessel or an ocean-going barge or comparable towing vessel or barge operated on the Great Lakes. 

(8) The term ‘‘noncontiguous trade’’ means (i) trade between 

the contiguous forty-eight States on the one hand and Alaska, 

Hawaii, Puerto Rico and the insular territories and possessions 

of the United States on the other hand, and (ii) trade from any 

point in Alaska, Hawaii, Puerto Rico, and such territories and 

possessions to any other point in Alaska, Hawaii, Puerto Rico, 

and such territories and possessions. 


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(9) The term ‘‘Secretary’’ means the Secretary of Commerce 

with respect to eligible or qualified vessels operated or to be 

operated in the fisheries of the United States, and the Secretary of Transportation with respect to all other vessels. 

(l) RECORDS; REPORTS; RULES AND REGULATIONS; TERMINATION

OF AGREEMENT UPON CHANGES IN REGULATIONS WITH

WUBSTANTIAL EFFECT ON RIGHTS OR OBLIGATIONS.—Each person 

maintaining a fund under this section shall keep such records and 

shall make such reports as the Secretary or the Secretary of the 

Treasury shall require. The Secretary of the Treasury and the Secretary shall jointly prescribe all rules and regulations, not inconsistent with the foregoing provisions of this section, as may be necessary or appropriate to the determination of tax liability under 

this section. If, after an agreement has been entered into under 

this section, a change is made either in the joint regulations or in 

the regulations prescribed by the Secretary under this section 

which could have a substantial effect on the rights or obligations 

of any person maintaining a fund under this section, such person 

may terminate such agreement. 

(m) DEPARTMENTAL REPORTS AND CERTIFICATION.—

(1) IN GENERAL.—For each calendar year, the Secretaries 

shall each provide the Secretary of the Treasury, within 120 

days after the close of such calendar year, a written report 

with respect to those capital construction funds that are under 

their jurisdiction. 

(2) CONTENTS OF REPORTS.—Each report shall set forth the 

name and taxpayer identification number of each person—

(A) establishing a capital construction fund during such 

calendar year; 

(B) maintaining a capital construction fund as of the last 

day of such calendar year; 

(C) terminating a capital construction fund during such 

calendar year; 

(D) making any withdrawal from or deposit into (and the 

amounts thereof) a capital construction fund during such 

calendar year; or 

(E) with respect to which a determination has been 

made during such calendar year that such person has 

failed to fulfill a substantial obligation under any capital 

construction fund agreement to which such person is a 

party. 

* * * * * * * 

SEC. 1104A. ELIGIBILITY FOR GUARANTEE. 

[46 U.S.C. App. 1274] 

(a) PURPOSE OF OBLIGATIONS.—Pursuant to the authority granted under section 1103(a), the Secretary upon such terms as he 

shall prescribe, may guarantee or make a commitment to guarantee, payment of the principal of and interest on an obligation 

which aids in—

(1) financing, including reimbursement of an obligor for expenditures previously made for, construction, reconstruction, or 

reconditioning of a vessel (including an eligible export vessel), 


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which is designed principally for research, or for commercial 

use 

(A) in the coastwise or intercoastal trade; 

(B) on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States; 

(C) in foreign trade as defined in section 905 of this Act 

for purposes of title V of this Act; or 

(D) as an ocean thermal energy conversion facility or 

plantship; 

(E) with respect to floating drydocks in the construction, 

reconstruction, reconditioning, or repair of vessels; or 

(F) with respect to an eligible export vessel, in worldwide trade; Provided, however, That no guarantee shall be 

entered into pursuant to this paragraph (a)(1) later than 

one year after delivery, or redelivery in the case of reconstruction or reconditioning of any such vessel unless the 

proceeds of the obligation are used to finance the construction, reconstruction, or reconditioning of a vessel or vessels, or facilities or equipment pertaining to marine operations; 

(2) financing, including reimbursement of an obligor for expenditures previously made for, construction, reconstruction, 

reconditioning, or purchase of a vessel or vessels owned by citizens or nationals of the United States or citizens of the Northern Mariana Islands which are designed principally for research, or for commercial use in the fishing trade or industry; 

(3) financing the purchase, reconstruction, or reconditioning 

of vessels or fishery facilities for which obligations were guaranteed under this title that, under the provisions of section 

1105: 

(A) are vessels or fishery facilities for which obligations 

were accelerated and paid; 

(B) were acquired by the Fund; or 

(C) were sold at foreclosure instituted by the Secretary; 

(4) financing, in whole or in part, the repayment to the 

United States of any amount of construction-differential subsidy paid with respect to a vessel pursuant to title V of this 

Act, as amended; 

(5) refinancing existing obligations issued for one of the purposes specified in (1), (2), (3), or (4) whether or not guaranteed 

under this title, including, but not limited to, short-term obligations incurred for the purpose of obtaining temporary funds 

with the view to refinancing from time to time; 

(6) financing or refinancing, including, but not limited to, the 

reimbursement of obligors for expenditures previously made 

for, the construction, reconstruction, reconditioning, or purchase of fishery facilities; or 

ø(7) financing or refinancing, including, but not limited to, 

the reimbursement of obligors for expenditures previously 

made, for the purchase of individual fishing quotas in accordance with section 303(d)(4) of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1853(d)(4)).¿ 

(7) financing or refinancing including, 


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(A) the reimbursement of obligors for expenditures previously made, for the purchase of individual fishing quotas 

in accordance with section 303(d)(4) of the Magnuson-Stevens Fishery Conservation and Management Act; 

(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. 

Any obligation guaranteed under paragraphs (6) and (7) shall be 

treated, for purposes of this title, in the same manner and to the 

same extent as an obligation guaranteed under this title which aids 

in the construction, reconstruction, reconditioning, or purchase of a 

vessel; except with respect to provisions of this title that by their 

nature can only be applied to vessels.¿ 

(b) CONTENTS OF OBLIGATIONS.—Obligations guaranteed under 

this title—

(1) shall have an obligor approved by the Secretary as responsible and possessing the ability, experience, financial resources, and other qualifications necessary to the adequate operation and maintenance of the vessel or vessels which serve 

as security for the guarantee of the Secretary; 

(2) subject to the provisions of subsection (c)(1) and subsection (i), shall be in an aggregate principal amount which 

does not exceed 75 per centum of the actual cost or depreciated 

actual cost, as determined by the Secretary, of the vessel which 

is used as security for the guarantee of the Secretary: Provided, however, That in the case of a vessel, the size and speed 

of which are approved by the Secretary, and which is or would 

have been eligible for mortgage aid for construction under section 509 of this Act (or would have been eligible for mortgage 

aid under section 509 of this Act except that the vessel was 

built with the aid of construction-differential subsidy and said 

subsidy has been repaid) and in respect of which the minimum 

downpayment by the mortgagor required by that section would 

be or would have been 121⁄2 per centum of the cost of such vessel, such obligations may be in an amount which does not exceed 871⁄2 per centum of such actual cost or depreciated actual 

cost: Provided, further, That the obligations which relate to a 

barge which is constructed without the aid of construction-differential subsidy, or, if so subsidized, on which said subsidy 

has been repaid, may be in an aggregate principal amount 

which does not exceed 871⁄2 per centum of the actual cost or 

depreciated actual cost thereof: Provided further, That in the 

case of a fishing vessel or fishery facility, the obligation shall 

be in an aggregate principal amount not to exceed 80 percent 

of the actual cost or depreciated actual cost of the fishing vessel or fishery facility, except that no debt may be placed under 

this proviso through the Federal Financing Bank: Provided further, That in the case of an ocean thermal energy conversion 

facility or plantship which is constructed without the aid of 

construction-differential subsidy, such obligations may be in an 

aggregate principal amount which does not exceed 871⁄2 perVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00180 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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cent of the actual cost or depreciated actual cost of the facility 

or plantship: Provided further, That in the case of an eligible 

export vessel, such obligations may be in an aggregate principal amount which does not exceed 871⁄2 of the actual cost or 

depreciated actual cost of the eligible export vessel; 

(3) shall have maturity dates satisfactory to the Secretary 

but, subject to the provisions of paragraph (2) of subsection (c) 

of this section, not to exceed twenty-five years from the date 

of the delivery of the vessel which serves as security for the 

guarantee of the Secretary or, if the vessel has been reconstructed or reconditioned, not to exceed the later of (i) twentyfive years from the date of delivery of the vessel and (ii) the 

remaining years of the useful life of the vessel as determined 

by the Secretary; 

(4) shall provide for payments by the obligor satisfactory to 

the Secretary; 

(5) shall bear interest (exclusive of charges for the guarantee 

and service charges, if any) at rates not to exceed such per centum per annum on the unpaid principal as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and 

the risks assumed by the Secretary; 

(6) shall provide, or a related agreement shall provide, that 

if the vessel used as security for the guarantee of the Secretary 

is a delivered vessel, the vessel shall be in class A-1, American 

Bureau of Shipping, or shall meet such other standards as may 

be acceptable to the Secretary, with all required certificates, 

including but not limited to, marine inspection certificates of 

the United States Coast Guard or, in the case of an eligible export vessel, of the appropriate national flag authorities under 

a treaty, convention, or other international agreement to which 

the United States is a party, with all outstanding requirements 

and recommendations necessary for retention of class accomplished, unless the Secretary permits a deferment of such repairs, and shall be tight, stanch, strong, and well and sufficiently tackled, appareled, furnished, and equipped, and in 

every respect seaworthy and in good running condition and repair, and in all respects fit for service; and 

(7) may provide, or a related agreement may provide, if the 

vessel used as security for the guarantee of the Secretary is a 

passenger vessel having the tonnage, speed, passenger accommodations and other characteristics set forth in title V of this 

Act, as amended, and if the Secretary approves, that the sole 

recourse against the obligor by the United States for any payments under the guarantee shall be limited to repossession of 

the vessel and the assignment of insurance claims and that the 

liability of the obligor for any payments of principal and interest under the guarantee shall be satisfied and discharged by 

the surrender of the vessel and all right, title, and interest 

therein to the United States: Provided, That the vessel upon 

surrender shall be—

(i) free and clear of all liens and encumbrances whatsoever except the security interest conveyed to the Secretary 

under this title, 


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(ii) in class, and 

(iii) in as good order and condition, ordinary wear and 

tear excepted, as when acquired by the obligor, except that 

any deficiencies with respect to freedom from encumbrances, condition and class may, to the extent covered by 

valid policies of insurance, be satisfied by the assignment 

to the Secretary of claims of the obligor under such policies. The Secretary may not establish, as a condition of eligibility for guarantee under this title, a minimum principal amount for an obligation covering the reconstruction 

or reconditioning of a fishing vessel or fishery facility. For 

purposes of this title, the reconstruction or reconditioning 

of a fishing vessel or fishery facility does not include the 

routine minor repair or maintenance of the vessel or facility. 

(c) SECURITY.—(1) The security for the guarantee of an obligation 

by the Secretary under this title may relate to more than one vessel and may consist of any combination of types of security. The aggregate principal amount of obligations which have more than one 

vessel as security for the guarantee of the Secretary under this 

title may equal, but not exceed, the sum of the principal amount 

of obligations permissible with respect to each vessel. 

(2) If the security for the guarantee of an obligation by the Secretary under this title relates to more than one vessel, such obligation may have the latest maturity date permissible under subsection (b) of this section with respect to any of such vessels: Provided, That the Secretary may require such payments of principal, 

prior to maturity, with respect to all related obligations as he 

deems necessary in order to maintain adequate security for his 

guarantee. 

(d) RESTRICTIONS.—(1)(A) No commitment to guarantee, or guarantee of, an obligation shall be made by the Secretary of Transportation unless the Secretary finds that the property or project with 

respect to which the obligation will be executed will be economically sound. In making that determination, the Secretary shall consider—

(i) the need in the particular segment of the maritime industry for new or additional capacity, including any impact on existing equipment for which a guarantee under this title is in 

effect; 

(ii) the market potential for the employment of the vessel 

over the life of the guarantee; 

(iii) projected revenues and expenses associated with employment of the vessel; 

(iv) any charters, contracts of affreightment, transportation 

agreements, or similar agreements or undertakings relevant to 

the employment of the vessel; 

(v) other relevant criteria; and 

(vi) for inland waterways, the need for technical improvements, including but not limited to increased fuel efficiency, or 

improved safety. 

(B) No commitment to guarantee, or guarantee of, and obligation 

shall be made by the Secretary of Commerce unless the Secretary 

finds, at or prior to the time such commitment is made or guarVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00182 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

HMoore on PROD1PC68 with HMRPT
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antee becomes effective, that the property or project with respect 

to which the obligation will be executed will be, in the Secretary’s 

opinion, economically sound and in the case of fishing vessels, that 

the purpose of the financing or refinancing is consistent with the 

wise use of the fisheries resources and with the development, advancement, management, conservation, and protection of the fisheries resources, or with the need for technical improvements including but not limited to increased fuel efficiency or improved 

safety. 

(2) No commitment to guarantee, or guarantee of an obligation 

may be made by the Secretary under this title for the purchase of 

a used fishing vessel or used fishery facility unless—

(A) the vessel or facility will be reconstructed or reconditioned in the United States and will contribute to the development of the United States fishing industry; or 

(B) the vessel or facility will be used in the harvesting of fish 

from, or for a purpose described in section 1101(k) with respect 

to, an underutilized fishery. 

(3) No commitment to guarantee, or guarantee of an obligation may be made by the Secretary under this title for the construction, reconstruction, or reconditioning of an eligible export 

vessel unless—

(A) the Secretary finds that the construction, reconstruction, or reconditioning of that vessel will aid in the transition of United States shipyards to commercial activities or 

will preserve shipbuilding assets that would be essential in 

time of war or national emergency, and 

(B) the owner of the vessel agrees with the Secretary of 

Transportation that the vessel shall not be transferred to 

any country designated by the Secretary of Defense as a 

country whose interests are hostile to the interests of the 

United States. 

(4) The Secretary shall promulgate regulations concerning 

circumstances under which waivers of or exceptions to otherwise applicable regulatory requirements concerning financial 

condition can be made. The regulations shall require that—

(A) the economic soundness requirements set forth in 

paragraph (1)(A) of this subsection are met after the waiver of the financial condition requirement; and 

(B) the waiver shall provide for the imposition of other 

requirements on the obligor designed to compensate for 

the increased risk associated with the obligor’s failure to 

meet regulatory requirements applicable to financial condition. 

(e) GUARANTEE FEES.—

(1) Except as otherwise provided in this subsection, the Secretary shall prescribe regulations to assess in accordance with 

this subsection a fee for the guarantee of an obligation under 

this title. 

(2)(A) The amount of a fee under this subsection for a guarantee is equal to the sum determined by adding the amounts 

determined under subparagraph (B) for the years in which the 

guarantee is in effect. 


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(B) The amount referred to in subparagraph (A) for a year 

is the present value (determined by applying the discount rate 

determined under subparagraph (F)) of the amount determined 

by multiplying—

(i) the estimated average unpaid principal amount of the 

obligation that will be outstanding during the year (determined in accordance with subparagraph (E)), by 

(ii) the fee rate established under subparagraph (C) for 

the obligation for each year. 

(C) The fee rate referred to in subparagraph (B)(ii) for an obligation shall be—

(i) in the case of an obligation for a delivered vessel or 

equipment, not less than one-half of 1 percent and not 

more than 1 percent, determined by the Secretary for the 

obligation under the formula established under subparagraph (D); or 

(ii) in the case of an obligation for a vessel to be constructed, reconstructed, or reconditioned, or of equipment 

to be delivered, not less than one-quarter of 1 percent and 

not more than one-half of 1 percent, determined by the 

Secretary for the obligation under the formula established 

under subparagraph (D). 

(D) The Secretary shall establish a formula for determining 

the fee rate for an obligation for purposes of subparagraph (C), 

that—

(i) is a sliding scale based on the creditworthiness of the 

obligor; 

(ii) takes into account the security provided for a guarantee under this title for the obligation; and 

(iii) uses—

(I) in the case of the most creditworthy obligors, the 

lowest rate authorized under subparagraph (C)(i) or 

(ii), as applicable; and 

(II) in the case of the least creditworthy obligors, the 

highest rate authorized under subparagraph (C)(i) or 

(ii), as applicable. 

(E) For purposes of subparagraph (B)(i), the estimated average unpaid principal amount does not include the average 

amount (except interest) on deposit in a year in the escrow 

fund under section 1108. 

(F) For purposes of determining present value under subparagraph (B) for an obligation, the Secretary shall apply a 

discount rate determined by the Secretary of the Treasury taking into consideration current market yields on outstanding obligations of the United States having periods to maturity comparable to the period to maturity for the obligation with respect to which the determination of present value is made. 

(3) A fee under this subsection shall be assessed and collected not later than the date on which amounts are first paid 

under an obligation with respect to which the fee is assessed. 

(4) A fee paid under this subsection is not refundable. However, an obligor shall receive credit for the amount paid for the 

remaining term of the guaranteed obligation if the obligation 


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is refinanced and guaranteed under this title after such refinancing. 

(5) A fee paid under subsection (e) shall be included in the 

amount of the actual cost of the obligation guaranteed under 

this title and is eligible to be financed under this title. 

(f) INVESTIGATION OF APPLICATIONS.—

(1) The Secretary shall charge and collect from the obligor 

such amounts as he may deem reasonable for the investigation 

of applications for a guarantee, for the appraisal of properties 

offered as security for a guarantee, for the issuance of commitments, for services in connection with the escrow fund authorized by section 1108 and for the inspection of such properties 

during construction, reconstruction, or reconditioning: Provided, That such charges shall not aggregate more than onehalf of 1 per centum of the original principal amount of the obligations to be guaranteed. 

(2) The Secretary may make a determination that aspects of 

an application under this title require independent analysis to 

be conducted by third party experts due to risk factors associated with markets, technology, financial structures, or other 

risk factors identified by the Secretary. Any independent analysis conducted pursuant to this provision shall be performed by 

a party chosen by the Secretary. 

(3) Notwithstanding any other provision of this title, the Secretary may make a determination that an application under 

this title requires additional equity because of increased risk 

factors associated with markets, technology, financial structures, or other risk factors identified by the Secretary. 

(4) The Secretary may charge and collect fees to cover the 

costs of independent analysis under paragraph (2). Notwithstanding section 3302 of title 31, United States Code, any fee 

collected under this paragraph shall—

(A) be credit as an offsetting collection to the account 

that finances the administration of the loan guarantee program; 

(B) shall be available for expenditure only to pay the 

costs of activities and services for which the fee is imposed; 

and 

(C) shall remain available until expended. 

(g) DISPOSITION OF MONEYS.—All moneys received by the Secretary under the provisions of sections 1101-1107 of this title shall 

be deposited in the Fund. 

(h) ADDITIONAL REQUIREMENTS.—Obligations guaranteed under 

this title and agreements relating thereto shall contain such other 

provisions with respect to the protection of the security interests of 

the United States (including acceleration, assumptions, and subrogation provisions and the issuance of notes by the obligor to the 

Secretary), liens and releases of liens, payments of taxes, and such 

other matters as the Secretary may, in his discretion, prescribe. 

(i) LIMITATION ON ESTABLISHMENT OF PERCENTAGE.—The Secretary may not, with respect to—

(1) the general 75 percent or less limitation in subsection 

(b)(2); 


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(2) the 871⁄2 percent or less limitation in the 1st, 2nd, 4th, 

or 5th proviso to subsection (b)(2) or section 1112(b); or 

(3) the 80 percent or less limitation in the 3rd proviso to 

such subsection; establish by rule, regulation, or procedure any 

percentage within any such limitation that is, or is intended to 

be, applied uniformly to all guarantees or commitments to 

guarantee made under this section that are subject to the limitation. 

(j) PROCEDURE UPON RECEIVING LOAN GUARANTEE APPLICA- TION.—(1) Upon receiving an application for a loan guarantee for 

an eligible export vessel, the Secretary shall promptly provide to 

the Secretary of Defense notice of the receipt of the application. 

During the 30-day period beginning on the date on which the Secretary of Defense receives such notice, the Secretary of Defense 

may disapprove the loan guarantee based on the assessment of the 

Secretary of the potential use of the vessel in a manner that may 

cause harm to United States national security interests. The Secretary of Defense may not disapprove a loan guarantee under this 

section solely on the basis of the type of vessel to be constructed 

with the loan guarantee. The authority of the Secretary to disapprove a loan guarantee under this section may not be delegated 

to any official other than a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate. 

(2) The Secretary of Transportation may not make a loan guarantee disapproved by the Secretary of Defense under paragraph (1). 

(k) MONITORING.—The Secretary shall monitor the financial conditions and operations of the obligor on a regular basis during the 

term of the guarantee. The Secretary shall document the results of 

the monitoring on an annual or quarterly basis depending upon the 

condition of the obligor. If the Secretary determines that the financial condition of the obligor warrants additional protections to the 

Secretary, then the Secretary shall take appropriate action under 

subsection (m) of this section. If the Secretary determines that the 

financial condition of the obligor jeopardizes its continued ability to 

perform its responsibilities in connection with the guarantee of obligations by the Secretary, the Secretary shall make an immediate 

determination whether default should take place and whether further measures described in subsection (m) should be taken to protect the interests of the Secretary while insuring that program objectives are met. 

(l) REVIEW OF APPLICATIONS.—No commitment to guarantee, or 

guarantee of, an obligation shall be made by the Secretary unless 

the Secretary certifies that a full and fair consideration of all the 

regulatory requirements, including economic soundness and financial requirements applicable to obligors and related parties, and a 

thorough assessment of the technical, economic, and financial aspects of the loan application has been made. 

(m) AGREEMENT WITH OBLIGOR.—The Secretary shall include provisions in loan agreements with obligors that provide additional authority to the Secretary to take action to limit potential losses in 

connection with defaulted loans or loans that are in jeopardy due 

to the deteriorating financial condition of obligors. Provisions that 

the Secretary shall include in loan agreements include requireVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00186 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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ments for additional collateral or greater equity contributions that 

are effective upon the occurrence of verifiable conditions relating to 

the obligors financial condition or the status of the vessel or shipyard project. 

(n) DECISION PERIOD.—

(1) IN GENERAL.—The Secretary of Transportation shall approve or deny an application for a loan guarantee under this 

title within 270 days after the date on which the signed application is received by the Secretary. 

(2) EXTENSION.—Upon request by an applicant, the Secretary 

may extend the 270-day period in paragraph (1) to a date not 

later than 2 years after the date on which the signed application for the loan guarantee was received by the Secretary. 

øDEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2000 

øSEC. 623. (a) NORTHERN FUND AND SOUTHERN FUND.—¿ 

[16 U.S.C. 3645] 

SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. 

(a) NORTHERN FUND AND SOUTHERN FUND.—

(1) As provided in the June 30, 1999, Agreement of the 

United States and Canada on the Treaty Between the Government of the United States and the Government of Canada Concerning Pacific Salmon, 1985 (hereafter referred to as the 

‘‘1999 Pacific Salmon Treaty Agreement’’) there are hereby established a Northern Boundary and Transboundary Rivers 

Restoration and Enhancement Fund (hereafter referred to as 

the ‘‘Northern Fund’’) and a Southern Boundary Restoration 

and Enhancement Fund (hereafter referred to as the ‘‘Southern 

Fund’’) to be held by the Pacific Salmon Commission. The 

Northern Fund and Southern Fund shall be invested in interest bearing accounts, bonds, securities, or other investments in 

order to achieve the highest annual yield consistent with protecting the principal of each Fund. Income from investments 

made pursuant to this paragraph shall be available until expended, without appropriation or fiscal year limitation, for programs and activities relating to salmon restoration and enhancement, salmon research, the conservation of salmon habitat, and implementation of the Pacific Salmon Treaty and related agreements. Amounts provided by grants under this subsection may be held in interest bearing accounts prior to the 

disbursement of such funds for program purposes, and any interest earned may be retained for program purposes without 

further appropriation. The Northern Fund and Southern Fund 

are subject to the laws governing Federal appropriations and 

funds and to unrestricted circulars of the Office of Management and Budget. Recipients of amounts from either Fund 

shall keep separate accounts and such records as are reasonably necessary to disclose the use of the funds as well as to facilitate effective audits. 


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(2) FUND MANAGEMENT.— (A) As provided in the 1999 Pacific Salmon Treaty 

Agreement, amounts made available from the Northern 

Fund pursuant to paragraph (1) shall be administered by 

a Northern Fund Committee, which shall be comprised of 

three representatives of the Government of Canada, and 

three representatives of the United States. The three 

United States representatives shall be the United States 

Commissioner and Alternate Commissioner appointed (or 

designated) from a list submitted by the Governor of Alaska for appointment to the Pacific Salmon Commission and 

the Regional Administrator of the National Marine Fisheries Service for the Alaska Region. Only programs and activities consistent with the purposes in paragraph (1) 

which affect the geographic area from Cape Caution, Canada to Cape Suckling, Alaska may be approved for funding 

by the Northern Fund Committee. 

(B) As provided in the 1999 Pacific Salmon Treaty 

Agreement, amounts made available from the Southern 

Fund pursuant to paragraph (1) shall be administered by 

a Southern Fund Committee, which shall be comprised of 

three representatives of Canada and three representatives 

of the United States. The United States representatives 

shall be appointed by the Secretary of Commerce: one shall 

be selected from a list of three qualified individuals submitted by the Governors of the States of Washington and 

Oregon; one shall be selected from a list of three qualified 

individuals submitted by the treaty Indian tribes (as defined by the Secretary of Commerce); and one shall be the 

Regional Administrator of the National Marine Fisheries 

Service for the Northwest Region. Only programs and activities consistent with the purposes in paragraph (1) 

which affect the geographic area south of Cape Caution, 

Canada may be approved for funding by the Southern 

Fund Committee. 

(b) PACIFIC SALMON TREATY IMPLEMENTATION.—(1) None of the 

funds authorized by this section for implementation of the 1999 Pacific Salmon Treaty Agreement shall be made available until each 

of the following conditions to the 1999 Pacific Salmon Treaty 

Agreement has been fulfilled— (A) stipulations are revised and court orders requested as 

set forth in the letter of understanding of the United States negotiators dated June 22, 1999. If such orders are not requested 

by December 31, 1999, this condition shall be considered 

unfulfilled; and 

(B) a determination is made that— (i) the entry by the United States into the 1999 Pacific 

Salmon Treaty Agreement; 

(ii) the conduct of the Alaskan fisheries pursuant to 

the 1999 Pacific Salmon Treaty Agreement, without further clarification or modification of the management regimes contained therein; and 

(iii) the decision by the North Pacific Fisheries Management Council to continue to defer its management auVerDate Aug 31 2005 00:46 Apr 05, 2006 Jkt 049010 PO 00000 Frm 00188 Fmt 6604 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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thority over salmon to the State of Alaska are not likely 

to cause jeopardy to, or adversely modify designated critical habitat of, any salmonid species listed under Public 

Law 93–205, as amended, in any fishery subject to the Pacific Salmon Treaty. 

(2) If the requests for orders in subparagraph (1)(A) are withdrawn after December 31, 1999, or if such orders are not entered 

by March 1, 2000, amounts in the Northern Fund and the Southern Fund shall be transferred to the general fund of the United 

States Treasury. 

(3) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce shall determine whether Southern United States fisheries are likely to cause jeopardy to, or adversely modify designated critical habitat of, any salmonid species 

listed under Public Law 93–205, as amended, before the Secretary 

of Commerce may initiate or reinitiate consultation on Alaska fisheries under such Act. 

(4) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce may not initiate or reinitiate consultation on Alaska fisheries under section 7 of Public Law 93–205, 

as amended, until— (A) the Pacific Salmon Commission has had a reasonable 

opportunity to implement the provisions of the 1999 Pacific 

Salmon Treaty Agreement, including the harvest responses 

pursuant to paragraph 9, chapter 3 of Annex IV to the Pacific 

Salmon Treaty; and 

(B) he determines, in consultation with the United States 

Section of the Pacific Salmon Commission, that implementation actions under the 1999 Agreement will not return 

escapements as expeditiously as possible to maximum sustainable yield or other biologically-based escapement objectives 

agreed to by the Pacific Salmon Commission. 

(5) The Secretary of Commerce shall notify the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Resources of the House of Representatives of his intent to initiate or reinitiate consultation on Alaska fisheries. 

(6)(A) For purposes of this section, ‘‘Alaska fisheries’’ means all 

directed Pacific salmon fisheries off the coast of Alaska that are 

subject to the Pacific Salmon Treaty. 

(B) For purposes of this section, ‘‘Southern United States fisheries’’ means all directed Pacific salmon fisheries in Washington, 

Oregon, and the Snake River basin of Idaho that are subject to the 

Pacific Salmon Treaty. 

(c) [Omitted. Subsection (c) amended section 3(g) of Public Law 

99–5.] 

(d)(1) PACIFIC SALMON TREATY.—

(A) For capitalizing the Northern Fund there is authorized 

to be appropriated in fiscal years 2000, 2001, 2002, and 2003 

a total of $75,000,000. 

(B) For capitalizing the Southern Fund there is authorized 

to be appropriated in fiscal years 2000, 2001, 2002, and 2003 

a total of $65,000,000. 

(C) To provide economic adjustment assistance to fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement, 


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there is authorized to be appropriated in fiscal years 2000, 

2001, and 2002 a total of $30,000,000. 

(2) PACIFIC COASTAL SALMON RECOVERY.— (A) For salmon habitat restoration, salmon stock enhancement, sustainable salmon fisheries, and salmon research, including the construction of salmon research and related facilities, there is authorized to be appropriated for each of fiscal 

years 2005, 2006, 2007, 2008, and 2009, $90,000,000 to the 

States of Alaska, Washington, Oregon, Idaho, and California. 

Amounts appropriated pursuant to this subparagraph shall be 

made available as direct payments. The State of Alaska may 

allocate a portion of any funds it receives under this subsection 

to eligible activities outside Alaska. 

(B) For salmon habitat restoration, salmon stock enhancement, salmon research, and supplementation activities, there 

is authorized to be appropriated in each of fiscal years 2000, 

2001, 2002, and 2003, $10,000,000 to be divided between the 

Pacific Coastal tribes (as defined by the Secretary of Commerce) and the Columbia River tribes (as defined by the Secretary of Commerce). 

Funds appropriated to the States under the authority of this section shall be subject to a 25 percent non-Federal match requirement. In addition, not more than 3 percent of such funds shall be 

available for administrative expenses, with the exception of funds 

used in the Washington State for the Forest and Fish Agreement. 

Æ 


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