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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2005

  Mr. Stevens (for himself, Mr. Inouye, Ms. Snowe, Ms. Cantwell, Mr. 
 Vitter, and Mrs. Boxer) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2006 through 2012, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Changes in definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
                  Title I--Conservation and Management

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and 
                            recovery program.
Sec. 115. Bycatch reduction engineering program.
                   Title II--Information and Research

Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund 
                            for sustainable purposes.
                  Title III--Other Fisheries Statutes

Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries acts.
                        Title IV--International

Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated 
                            fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and 
                            reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
   Title V--Implementation of Western and Central Pacific Fisheries 
                               Convention

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Penalties.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Authorization of appropriations.
                       Title VI--Pacific Whiting

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the Secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. CHANGES IN DEFINITIONS.

    (a) In General.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by inserting after paragraph (6) the following:
            ``(6A) The term `confidential information' means--
                    ``(A) trade secrets; or
                    ``(B) commercial or financial information the 
                disclosure of which is likely to result in substantial 
                harm to the competitive position of the person who 
                submitted the information to the Secretary.'';
            (2) by inserting after paragraph (13) the following:
            ``(13B) the term `regional fishery association' means an 
        association formed for the mutual benefit of members comprising 
        persons engaging in the harvest or processing of fishery 
        resources in a specific geographic region or subregion who 
        otherwise own or operate businesses substantially dependent 
        upon a fishery to meet social and economic needs in that region 
        or subregion.'';
            (3) by inserting after paragraph (23) the following:
            ``(23A) The term `limited access privilege'--
                    ``(A) means a Federal permit, issued as part of a 
                limited access system under section 303A to harvest a 
                quantity of fish 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).''; and
            (4) by inserting after paragraph (27) the following:
            ``(27A) The term `observer information' means any 
        information collected, observed, retrieved, or created by an 
        observer or electronic monitoring system pursuant to 
        authorization by the Secretary, or collected as part of a 
        cooperative research initiative, including fish harvest or 
        processing observations, fish sampling or weighing data, vessel 
        logbook data, vessel or processor-specific information 
        (including any safety, location, or operating condition 
        observations), and video, audio, photographic, or written 
        documents.''.
    (b) Redesignation.--Paragraphs (1) through (45) of section 3 (16 
U.S.C. 1802), as amended by subsection (a), are redesignated as 
paragraphs (1) thorough (49), respectively.
    (c) Conforming Amendments.--
            (1) The following provisions of the Act are amended by 
        striking ``an individual fishing quota'' and inserting ``a 
        limited access privilege'':
                    (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
                    (B) Section 304(d)(2)(A)(i) (16 U.S.C. 
                1854(d)(2)(A)(i)).
                    (C) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16 
                U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)).
            (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
        striking ``individual fishing quotas,'' and inserting ``limited 
        access privileges,''.

SEC. 4. HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1912) is amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:
    ``(b) Traditional Participation.--For fisheries being managed under 
an international fisheries agreement to which the United States is a 
party, Council or Secretarial action, if any, shall reflect traditional 
participation in the fishery, relative to other Nations, by fishermen 
of the United States on fishing vessels of the United States.
    ``(c) Promotion of Stock Management.--If a relevant international 
fisheries organization does not have a process for developing a formal 
plan to rebuild a depleted stock, an overfished stock, or a stock that 
is approaching a condition of being overfished, the provisions of this 
Act in this regard shall be communicated to and promoted by the United 
States in the international or regional fisheries organization.''.

SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

    Section 201(d) (16 U.S.C. 1821(d)) is amended--
            (1) by striking ``shall be'' and inserting ``is'';
            (2) by striking ``will not'' and inserting ``cannot, or 
        will not,''; and
            (3) by inserting after ``Act.'' the following: 
        ``Allocations of the total allowable level of foreign fishing 
        are discretionary, except that the total allowable level shall 
        be zero for fisheries determined by the secretary to have 
        adequate or excess harvest capacity.''

SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

    Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
            (1) by inserting ``and any funds or contributions received 
        in support of conservation and management objectives under a 
        marine conservation plan'' after ``agreement'' in paragraph 
        (7);
            (2) by striking ``authority, after payment of direct costs 
        of the enforcement action to all entities involved in such 
        action,'' in paragraph (8); and
            (3) by inserting after ``paragraph (4).'' in paragraph (8) 
        ``In the case of violations by foreign vessels occurring within 
        the exclusive economic zones off Midway Atoll, Johnston Atoll, 
        Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake 
        Islands, amounts received by the Secretary attributable to 
        fines and penalties imposed under this Act, shall be deposited 
        into the Western Pacific Sustainable Fisheries Fund established 
        under paragraph (7) of this subsection.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out the provisions of this Act $328,004,000.00 for fiscal year 2006, 
and such sums as may be necessary for fiscal years 2007 through 2012.''

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended by inserting ``by utilizing economic and social data and 
assessment methods based on the best economic and social information 
available,'' after ``fishing communities''.
    (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is 
amended by striking ``describe the likely effects, if any, of the 
conservation and management measures on--'' and inserting ``analyze the 
likely effects, if any, including the cumulative economic and social 
impacts, of the conservation and management measures on, and possible 
mitigation measures for--''.

SEC. 102. CARIBBEAN COUNCIL JURISDICTION.

    Section 302(a)(1)(D) (16 U.S.C. 852(a)(1)(D)) is amended by 
inserting ``and of commonwealths, territories, and possessions of the 
United States in the Caribbean Sea'' after ``seaward of such States''.

SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16 
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the 
following:
    ``(D) The tribal representative appointed under subparagraph (A) 
may designate as an alternate, during the period of the 
representative's term, an individual knowledgeable concerning tribal 
rights, tribal law, and the fishery resources of the geographical area 
concerned.''.
    (b) Scientific and Statistical Committees.--Section 302 (16 U.S.C. 
1852) is amended--
            (1) by striking so much of subsection (g) as precedes 
        paragraph (2) and inserting the following:
    ``(g) Committees and Advisory Panels.--
            ``(1)(A) Each Council shall establish, maintain, and 
        appoint the members of, a scientific and statistical committee 
        to assist it in the development, collection, evaluation, and 
        peer review of such statistical, biological, economic, social, 
        and other scientific information as is relevant to such 
        Council's development and amendment of any fishery management 
        plan.
            ``(B) Each scientific and statistical committee shall 
        provide its Council ongoing scientific advice for fishery 
        management decisions, including recommendations for acceptable 
        biological catch or optimum 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, developed in consultation with 
        the Council coordination committee 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.''; and
            (2) by striking ``other'' in paragraph (2); and
            (3) by resetting the left margin of paragraphs (2) through 
        (5) 2 ems from the left.
    (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (5);
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) adopt annual catch limits for each of its managed 
        fisheries after considering the recommendations of its 
        scientific and statistical committee or other appropriate 
        scientific body; and''.
    (d) Regular and Emergency Meetings.--The first sentence of section 
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
            (1) by striking ``published in local newspapers'' and 
        inserting ``provided by any means that will result in wide 
        publicity (except that e-mail notification and website postings 
        alone are not sufficient)''; and
            (2) by striking ``fishery) and such notice may be given by 
        such other means as will result in wide publicity.'' and 
        inserting ``fishery).''.
    (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers'' and 
inserting ``provide notice by any means that will result in wide 
publicity''.
    (f) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
    ``(k) Council Training Program.--
            ``(1) Training course.--Within 6 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 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.''.
    (g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is 
amended--
            (1) by striking ``to the Councils or to the scientific and 
        statistical committees or advisory panels established under 
        subsection (g)'' in paragraph (1) and inserting ``to the 
        Councils, the Council coordination committee established under 
        subsection (l), or to the scientific and statistical committees 
        or other committees or advisory panels established under 
        subsection (g)'';
            (2) by striking ``of a Council, and of the scientific and 
        statistical committee and advisory panels established under 
        subsection (g)'' in paragraph (2) and inserting ``of a Council, 
        of the Council coordination committee established under 
        subsection (l), and of the scientific and statistical 
        committees or other committees or advisory panels established 
        under subsection (g)''; and
            (3) by inserting ``other committee,'' in paragraph (3)(A) 
        after ``committee,''.
    (h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (2)(B);
            (2) by inserting after paragraph (2)(C) the following:
            ``(D) the members of any fishing, processing, or marketing 
        association if the individual is serving as an employee or 
        contractor or otherwise receiving compensation from the 
        association; and
            ``(E) any entity or other individual from whom the 
        individual is receiving or will receive compensation of any 
        kind;''
            (3) by striking subparagraph (B) of paragraph (5) and 
        inserting the following:
            ``(B) be kept on file by the Council and made available on 
        the Internet and for public inspection at the Council offices 
        during reasonable times; and''; and
            (4) by adding at the end the following:
    ``(9) On January 1, 2008, and annually thereafter, the Secretary 
shall submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Resources 
on action taken by the Secretary and the Councils to implement the 
disclosure of financial interest and recusal requirements of this 
subsection.''.

SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) striking ``and charter fishing'' in paragraph (5) and 
        inserting ``charter fishing, and fish processing'';
            (2) by inserting ``economic information necessary to meet 
        the requirements of this Act,'' in paragraph (5) after ``number 
        of hauls,'';
            (3) by striking ``and'' after the semicolon in paragraph 
        (13);
            (4) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and''; and
            (5) by adding at the end the following:
            ``(15) specify, in the plan or implementing regulations, 
        annual catch limits, which shall be established by the Council 
        or Secretary based on the best scientific information available 
        at a level that does not exceed optimum yield, and, for the 
        purposes of which harvests exceeding the specified annual catch 
        limit (including the specified annual catch limit for a sector) 
        shall be deducted from the following year's annual catch limit 
        (including that sector).''.
    (b) Effective Date.--The amendment made by subsection (a)(5) shall 
take effect 2 years after the date of enactment of this Act.

SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

    Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if, in developing such system, 
        the Council and the Secretary take into account--
                    ``(A) the conservation requirements of this Act 
                with respect to the fishery;
                    ``(B) present participation in the fishery;
                    ``(C) historical fishing practices in, and 
                dependence on, the fishery;
                    ``(D) the economics of the fishery;
                    ``(E) the capability of fishing vessels used in the 
                fishery to engage in other fisheries;
                    ``(F) the cultural and social framework relevant to 
                the fishery and any affected fishing communities;
                    ``(G) the fair and equitable distribution of access 
                privileges to a public resource; and
                    ``(H) any other relevant considerations;'';
            (2) by striking ``(other than economic data)'' in paragraph 
        (7);
            (3) by striking ``and'' after the semicolon in paragraph 
        (11); and
            (4) by redesignating paragraph (12) as paragraph (13) and 
        inserting after paragraph (11) the following:
            ``(12) establish a process for complying with the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to 
        section 304(h) of this Act; and''.

SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
            (1) by striking section 303(d); and
            (2) by inserting after section 303 the following:

``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

    ``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2005, a Council may submit, and the Secretary may approve, for a 
fishery that has been managed under a limited access system for at 
least 1 year, a limited access privilege program to harvest fish, if 
the program meets the requirements of this section.
    ``(b) No Creation of Right, Title, or Interest.--A limited access 
system, limited access privilege, quota share, or other authorization 
established, implemented, or managed under this Act--
            ``(1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
            ``(2) may be revoked, limited, or modified at any time in 
        accordance with this Act, including revocation for failure to 
        comply with the terms of the plan or if the system is found to 
        have jeopardized the sustainability of the stock or the safety 
        of fishermen;
            ``(3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, or other 
        such limited access system authorization if it is revoked, 
        limited, or modified;
            ``(4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested or purchased 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) Limited Access Privileges to Harvest Fish.--
            ``(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--
                    ``(A) shall--
                            ``(i) if established in a fishery that is 
                        overfished or subject to a rebuilding plan, 
                        assist in its rebuilding; and
                            ``(ii) if established in a fishery that is 
                        determined by the Secretary or the Council to 
                        have excess capacity, contribute to reducing 
                        capacity;
                    ``(B) shall promote--
                            ``(i) the safety of human life at sea; and
                            ``(ii) the conservation and management of 
                        the fishery;
                    ``(C) shall 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, a permanent resident alien, a fishing 
                community, or a regional fishery association from 
                acquiring a privilege to harvest fish; and
                    ``(D) shall 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).
            ``(2) Fishing communities.--
                    ``(A) In general.--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 for approval based on criteria 
                        developed by the Council that have been 
                        approved by the Secretary and published in the 
                        Federal Register.
                    ``(B) Participation criteria.--In developing 
                participation criteria for eligible communities and 
                regional fishery associations under this paragraph, a 
                Council shall base the criteria on traditional fishing 
                or processing practices in, and dependence on, the 
                fishery, the cultural and social framework relevant to 
                the fishery, economic barriers to access to fishery, 
                and 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.
            ``(3) 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 own; and
                            ``(ii) establishing any other limitations 
                        or measures necessary to prevent an inequitable 
                        concentration of limited access privileges;
                    ``(E) establish procedures to minimize 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 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.
            ``(4) Program initiation.--
                    ``(A) Certification requirement.--Except as 
                provided in subparagraph (D), a Council may initiate a 
                fishery management plan or amendment to establish a 
                limited access privilege program to harvest fish on its 
                own initiative if the Secretary has certified an 
                appropriate petition.
                    ``(B) Initiation request.--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.
                    ``(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, the Secretary shall certify the 
                petition to the appropriate Council or Councils.
                    ``(D)D23/ 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 a fishing quota system, 
                        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. If 
                        a fishing quota system 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 fishing 
                        quota system. Within 1 year after the date of 
                        enactment of the Magnuson-Stevens Fishery 
                        Conservation 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 any fishing quota system 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.''.
            ``(5) Program requirements.--Any such limited access 
        privilege program to harvest fish shall--
                    ``(A) specify the goals of the program;
                    ``(B) include provisions for the regular monitoring 
                and review by the Council and the Secretary of the 
                operations of the program, including determined 
                progress in meeting the goals of the program and this 
                Act, and any necessary modification of the program, 
                with a formal and detailed review 5 years after the 
                establishment of the program and every 5 years 
                thereafter;
                    ``(C) include an effective system for enforcement, 
                monitoring, and management of the program, including 
                the use of observers;
                    ``(D) include an appeals process for administrative 
                review of determinations with respect to the 
                Secretary's decisions regarding administration of the 
                limited access privilege program;
                    ``(E) provide for the establishment by the 
                Secretary, in consultation with the Department of 
                Justice and the Federal Trade Commission, for a 
                mandatory information collection and review process to 
                provide any and all information necessary for 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 persons receiving limited access 
                privileges to harvest fish under the program; and
                    ``(F) 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.
            ``(6) Transferability.--In establishing a limited access 
        privilege program, a Council shall--
                    ``(A) establish a policy on the transferability of 
                limited access privilege shares (through sale or 
                lease), including a policy on any conditions that apply 
                to the transferability of limited access privilege 
                shares that is consistent with the policies adopted by 
                the Council for the fishery under paragraph (3); and
                    ``(B) establish criteria for the approval and 
                monitoring of transfers (including sales and leases) of 
                limited access privilege shares.
            ``(7) Preparation and implementation of secretarial 
        plans.--This subsection also applies to a plan prepared and 
        implemented by the Secretary under section 304(g). For the 
        purpose of applying this subsection to such a plan--
                    ``(A) the term `Secretary' shall be substituted for 
                the term `Council'; and
                    ``(B) paragraphs (2)(A), (4)(A), and (4)(C) shall 
                not apply.
            ``(8) No waiver.--Nothing in this Act shall constitute a 
        waiver, either express or implied, of the antitrust laws of the 
        United States.
    ``(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 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, science, data collection, observer 
        coverage, and enforcement programs that are directly related to 
        and in support of the program; and
            ``(2) provide, under section 304(d)(2), for a program of 
        fees paid by limited access privilege holders that will cover 
        the costs of management, science, data collection and analysis, 
        observer coverage, and enforcement activities.
    ``(f) 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.
    ``(g) Effect on Certain Existing Shares and Programs.--Nothing in 
this Act, or the amendments by this Act, shall be construed to require 
a reallocation of individual quota shares or processor quota shares or 
other quota programs, including sector allocation, submitted by a 
Council or approved by the Secretary or Congressional action before the 
date of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2005.''.
    (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is 
amended by striking ``management and enforcement'' and inserting 
``management, data collection, and enforcement''.
    (c) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C. 
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and 
all that follows and inserting ``section 305(h)(5)(B).''.

SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

    Section 304 (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(h) 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 analysis 
                process, including the time frames for public input, 
                with the process 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 sill be the sole environmental impact assessment 
        process for fishery management plans, amendments, regulations, 
        or other actions taken or approved pursuant to this Act.
            ``(3) Schedule for promulgation of final procedures.--The 
        Secretary shall--
                    ``(A) propose revised procedures within 12 months 
                after the date of enactment of the Magnuson-Stevens 
                Fishery Conservation and Management Reauthorization Act 
                of 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. 108. EMERGENCY REGULATIONS.

    (a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B) 
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' and 
inserting ``186 days,''.
    (b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C. 
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after 
``emergency regulations''.

SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.

    Section 305 (16 U.S.C. 1855) is amended by adding at the end 
thereof the following:
    ``(j) Western Pacific Regional Marine Education and Training.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program for regionally-based marine education and training 
        programs in the Western Pacific to foster understanding, 
        practical use of knowledge (including native Hawaiian and other 
        Pacific Islander-based knowledge), and technical expertise 
        relevant to stewardship of living marine resources. The 
        Secretary shall, in cooperation with the Western Pacific 
        Regional Fishery Management Council, regional educational 
        institutions, and local Western Pacific community training 
        entities, establish programs or projects that will improve 
        communication, education, and training on marine resource 
        issues throughout the region and increase scientific education 
        for marine-related professions among coastal community 
        residents, including indigenous Pacific islanders, Native 
        Hawaiians and other underrepresented groups in the region.
            ``(2) Program components.--The program shall--
                    ``(A) include marine science and technology 
                education and training programs focused on preparing 
                community residents for employment in marine related 
                professions, including marine resource conservation and 
                management, marine science, marine technology, and 
                maritime operations;
                    ``(B) include fisheries and seafood-related 
                training programs, including programs for fishery 
                observers, seafood safety and seafood marketing, 
                focused on increasing the involvement of coastal 
                community residents in fishing, fishery management, and 
                seafood-related operations;
                    ``(C) include outreach programs and materials to 
                educate and inform consumers about the quality and 
                sustainability of wild fish or fish products farmed 
                through responsible aquaculture, particularly in Hawaii 
                and the Western Pacific;
                    ``(D) include programs to identify, with the 
                fishing industry, methods and technologies that will 
                improve the data collection, quality, and reporting and 
                increase the sustainability of fishing practices, and 
                to transfer such methods and technologies among 
                fisheries sectors and to other nations in the Western 
                and Central Pacific;
                    ``(E) develop means by which local and traditional 
                knowledge (including Pacific islander and Native 
                Hawaiian knowledge) can enhance science-based 
                management of fishery resources of the region; and
                    ``(F) develop partnerships with other Western 
                Pacific Island agencies, academic institutions, and 
                other entities to meet the purposes of this section.''.

SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
            (1) by striking ``To'' in subparagraph (B) and inserting 
        ``Except as provided in subparagraph (E), to''; and
            (2) by adding at the end the following:
                    ``(E) A community shall be eligible to participate 
                in the western Alaska community development quota 
                program under subparagraph (A) if the community was--
                            ``(i) listed in table 7 to part 679 of 
                        title 50, Code of Federal Regulations, as in 
                        effect on January 1, 2004; or
                            ``(ii) approved by the National Marine 
                        Fisheries Service on April 19, 1999.''.

SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

    Section 305 (16 U.S.C. 1855) is amended by adding at the end 
thereof the following:
    ``(k) Multispecies Groundfish.--Within 60 days after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 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. 112. JOINT ENFORCEMENT AGREEMENTS.

    (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
            (1) by striking ``and'' after the semicolon in subsection 
        (b)(1)(A)(iv);
            (2) by inserting ``and'' after the semicolon in subsection 
        (b)(1)(A)(v);
            (3) by inserting after clause (v) of subsection (b)(1)(A) 
        the following:
                            ``(vi) access, directly or indirectly, for 
                        enforcement purposes any data or information 
                        required to be provided under this title or 
                        regulations under this title, including data 
                        from Global Maritime Distress and Safety 
                        Systems, vessel monitoring systems, or any 
                        similar system, subject to the confidentiality 
                        provisions of section 402;'';
            (4) by redesignating subsection (h) as subsection (j); and
            (5) by inserting after subsection (g) the following:
    ``(h) Joint Enforcement Agreements.--
            ``(1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint enforcement 
        agreement with the Secretary that will authorize the 
        deputization and funding of State law enforcement officers with 
        marine law enforcement responsibilities to perform duties of 
        the Secretary relating to law enforcement provisions under this 
        title or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may enter into a 
        joint enforcement agreement with the requesting State.
            ``(2) Eligible state.--A State is eligible to participate 
        in the cooperative enforcement agreements under this section if 
        it is in, or bordering on, the Atlantic Ocean (including the 
        Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 
        of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
            ``(3) Requirements.--Joint enforcement agreements executed 
        under paragraph (1)--
                    ``(A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities;
                    ``(B) may include specifications for joint 
                management responsibilities as provided by the first 
                section of Public Law 91-412 (15 U.S.C. 1525); and
                    ``(C) shall provide for confidentiality of data and 
                information submitted to the State under section 402.
            ``(4) Allocation of funds.--The Secretary shall include in 
        each joint enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        fairly distributed among all eligible States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, the 
        specific marine conservation enforcement needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the marine enforcement mission and assist with 
        enforcement needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical or 
        other assistance provided to the State by the Secretary under 
        the agreement.
    ``(i) Improved Data Sharing.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, as soon as practicable but no later than 21 months 
        after the date of enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 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 or similar systems--
                    ``(A) directly accessible by State enforcement 
                officers authorized under subsection (a) of this 
                section; and
                    ``(B) available to a State management agency 
                involved in, or affected by, management of a fishery if 
                the State has entered into an agreement with the 
                Secretary under section 402(b)(1)(B) of this Act.
            ``(2) Agreement required.--The Secretary shall promptly 
        enter into an agreement with a State under section 402(b)(1)(B) 
        of this Act if--
                    ``(A) the Attorney General or highest ranking legal 
                officer of the State provides a written opinion or 
                certification that State law allows the State to 
                maintain the confidentiality of information required by 
                Federal law to be kept confidential; or
                    ``(B) the Secretary is provided other reasonable 
                assurance that the State can and will protect the 
                identity or business of any person to which such 
                information relates.''.
    (b) Report on Using GMDSS for Fishery Purposes.--Within 15 months 
after the date of enactment of this Act, the National Marine Fisheries 
Service and the United States Coast Guard shall transmit a joint report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Resources containing--
            (1) a cost-to-benefit analysis of the feasibility, value, 
        and cost of using the Global Maritime Distress and Safety 
        Systems or similar systems for fishery management, 
        conservation, enforcement, and safety purposes with the Federal 
        government bearing the capital costs of any such system;
            (2) an examination of the cumulative impact of existing 
        requirements for commercial vessels;
            (3) an examination of whether the Global Maritime Distress 
        and Safety Systems or similar requirements would overlap 
        existing requirements or render them redundant;
            (4) an examination of how data integration from such 
        systems could be addressed;
            (5) an examination of how to maximize the data-sharing 
        opportunities between relevant State and Federal agencies and 
        provide specific information on how to develop these 
        opportunities, including the provision of direct access to the 
        Global Maritime Distress and Safety Systems or similar system 
        data to State enforcement officers, while considering the need 
        to maintain or provide an appropriate level of individual 
        vessel confidentiality where practicable; and
            (6) an assessment of how the Global Maritime Distress and 
        Safety Systems or similar systems could be developed, 
        purchased, and distributed to regulated vessels.

SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
            (1) by striking ``measures;'' in subsection (a)(1)(B) and 
        inserting ``measures, including regulatory or judicial harvest 
        restrictions imposed to protect human health or the marine 
        environment;'';
            (2) by striking ``1996, 1997, 1998, and 1999.'' in 
        subsection (a)(4) and inserting ``2006 through 2012.'';
            (3) by striking ``or the Governor of a State for fisheries 
        under State authority, may conduct a fishing'' in subsection 
        (b)(1) and inserting ``the Governor of a State for fisheries 
        under State authority, or a majority of permit holders in the 
        fishery, may conduct a voluntary fishing'';
            (4) by inserting ``practicable'' after ``entrants,'' in 
        subsection (b)(1)(B)((i);
            (5) by striking ``cost-effective and'' in subsection 
        (b)(1)C) and inserting ``cost-effective and, in the instance of 
        a program involving an industry fee system, prospectively, 
        and'';
            (6) by striking subparagraph (A) of subsection (b)(2) and 
        inserting the following:
            ``(A) the owner of a fishing vessel, if the permit 
        authorizing the participation of the vessel in the fishery is 
        surrendered for permanent revocation and the vessel owner and 
        permit holder relinquish any claim associated with the vessel 
        or permit that could qualify such owner or holder for any 
        present or future limited access system permit in the fishery 
        for which the program is established and such vessel is (i) 
        scrapped, or (ii) through the Secretary of the department in 
        which the Coast Guard is operating, subjected to title 
        restrictions (including loss of the vessel's fisheries 
        endorsement) that permanently prohibit and effectively prevent 
        its use in fishing in federal or state waters, or fishing on 
        the high seas or in the waters of a foreign nation ; or'';
            (7) by striking ``The Secretary shall consult, as 
        appropriate, with Councils,'' in subsection (b)(4) and 
        inserting ``The harvester proponents of each program and the 
        Secretary shall consult, as appropriate and practicable, with 
        Councils,'';
            (8) by striking ``Secretary, at the request of the 
        appropriate Council,'' in subsection (d)(1)(A) and inserting 
        ``Secretary'';
            (9) by striking ``Secretary, in consultation with the 
        Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
            (10) by striking ``a two-thirds majority of the 
        participants voting.'' in subsection (d)(1)(B) and inserting 
        ``at least a majority of the permit holders in the fishery, or 
        50 percent of the permitted allocation of the fishery.'';
            (11) by striking ``establish;'' in subsection (d)(2)((C) 
        and inserting ``establish, unless the Secretary determines that 
        such fees should be collected from the seller;'' and
            (12) striking subsection (e) and inserting the following:
    ``(e) Implementation Plan.--
            ``(1) Framework regulations.--The Secretary shall propose 
        and adopt framework regulations applicable to the 
        implementation of all programs under this section.
            ``(2) Program regulations.--The Secretary shall implement 
        each program under this section by promulgating regulations 
        that, together with the framework regulations, establish each 
        program and control its implementation.
            ``(3) Harvester proponents' implementation plan.--The 
        Secretary may not propose implementation regulations for a 
        program to be paid for by an industry fee system until the 
        harvester proponents of the program provide to the Secretary a 
        proposed implementation plan that, among other matters--
                    ``(A) proposes the types and numbers of vessels or 
                permits that are eligible to participate in the program 
                and the manner in which the program shall proceed, 
                taking into account--
                            ``(i) the requirements of this section;
                            ``(ii) the requirements of the framework 
                        regulations;
                            ``(iii) the characteristics of the fishery;
                            ``(iv) the requirements of the applicable 
                        fishery management plan and any amendment that 
                        such plan may require to support the proposed 
                        program;
                            ``(v) the general needs and desires of 
                        harvesters in the fishery;
                            ``(vi) the need to minimize program costs; 
                        and
                            ``(vii) other matters, including the manner 
                        in which such proponents propose to fund the 
                        program to ensure its cost effectiveness, as 
                        well as any relevant factors demonstrating the 
                        potential for, or necessary to obtain, the 
                        support and general cooperation of a 
                        substantial number of affected harvesters in 
                        the fishery (or portion of the fishery) for 
                        which the program is intended; and
                    ``(B) proposes procedures for program participation 
                (such as submission of owner bids under an auction 
                system or fair market-value assessment), including any 
                terms and conditions for participation, that the 
                harvester proponents deem to be reasonably necessary to 
                meet the program's proposed objectives.
            ``(4) Participation contracts.--The Secretary shall 
        contract with each person participating in a program, and each 
        such contract shall, in addition to including such other 
        matters as the Secretary deems necessary and appropriate to 
        effectively implement each program (including penalties for 
        contract non-performance) be consistent with the framework and 
        implementing regulations and all other applicable law.
            ``(5) Reduction auctions.--Each program not involving fair 
        market assessment shall involve a reduction auction that scores 
        the reduction price of each bid offer by the data relevant to 
        each bidder under an appropriate fisheries productivity factor. 
        If the Secretary accepts bids, the Secretary shall accept 
        responsive bids in the rank order of their bid scores, starting 
        with the bid whose reduction price is the lowest percentage of 
        the productivity factor, and successively accepting each 
        additional responsive bid in rank order until either there are 
        no more responsive bids or acceptance of the next bid would 
        cause the total value of bids accepted to exceed the amount of 
        funds available for the program.
            ``(6) Bid invitations.--Each program shall proceed by the 
        Secretary issuing invitations to bid setting out the terms and 
        conditions for participation consistent with the framework and 
        implementing regulations. Each bid that the Secretary receives 
        in response to the invitation to bid shall constitute an 
        irrevocable offer from the bidder.''.
    (b) Technical Amendment.--Sections 116, 203, 204, 205, and 206 of 
the Sustainable Fisheries Act are deemed to have added sections 312, 
402, 403, 404, and 405, respectively to the Act as of the date of 
enactment of the Sustainable Fisheries Act.

SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
              RECOVERY PROGRAM.

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

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

    ``(a) In General.--When there is a catastrophic regional fishery 
disaster the Secretary may, upon the request of, and in consultation 
with, the Governors of affected States, establish a regional economic 
transition program to provide immediate disaster relief assistance to 
the fishermen, charter fishing operators, United States fish 
processors, and owners of related fishery infrastructure affected by 
the disaster.
    ``(b) Program Components.--
            ``(1) In general.--The program shall provide funds or other 
        economic assistance to affected entities for--
                    ``(A) meeting immediate regional shoreside fishery 
                infrastructure needs, including processing facilities, 
                cold storage facilities, ice houses, docks, including 
                temporary docks and storage facilities, and other 
                related shoreside fishery support facilities and 
                infrastructure;
                    ``(B) financial assistance and job training 
                assistance for fishermen who wish to remain in a 
                fishery in the region that may be temporarily closed as 
                a result of environmental or other effects associated 
                with the disaster;
                    ``(C) funding, pursuant to the requirements of 
                section 312(b), to fishermen who are willing to scrap a 
                fishing vessel and permanently surrender permits for 
                fisheries named on that vessel; and
                    ``(D) any other activities authorized under section 
                312(a) of this Act or section 308(d) of the 
                Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
                4107(d)).
            ``(2) Job training.--Any fisherman who decides to scrap a 
        fishing vessel under the program shall be eligible for job 
        training assistance.
            ``(3) State participation obligation.--The participation by 
        a State in the program shall be conditioned upon a commitment 
        by the appropriate State entity to ensure that the relevant 
        State fishery meets the requirements of section 312(b) of this 
        Act to ensure excess capacity does not re-enter the fishery.
            ``(4) No matching.--Amounts provided under the program may 
        not be conditioned upon matching State or local government 
        funds or contributions.
            ``(5) Net revenue limit inapplicable.--Section 308(d)(3) of 
        the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
        shall not apply to assistance under this section.''.
    ``(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall provide the 
Governor of each State participating in the program a comprehensive 
economic and socio-economic evaluation of the affected region's 
fisheries to assist the Governor in assessing the current and future 
economic viability of affected fisheries, including the economic impact 
of foreign fish imports and the direct, indirect, or environmental 
impact of the disaster on the fishery and coastal communities.
    ``(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term `catastrophic regional fishery disaster' means a 
natural disaster, including a hurricane or tsunami, or a judicial or 
regulatory closure to protect human health or the marine environment, 
that--
            ``(1) results in economic losses to coastal or fishing 
        communities;
            ``(2) affects more than 1 State or a major fishery managed 
        by a Council or interstate fishery commission; and
            ``(3) is determined by the Secretary to be a commercial 
        fishery failure under section 312(a) of this Act or a fishery 
        resource disaster or section 308(d) of the Interjurisdictional 
        Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.

SEC. 115. BYCATCH REDUCTION ENGINEERING PROGRAM.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 114 of 
this Act, is further amended by adding at the end the following:

``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

    ``(a) Bycatch Reduction Engineering Program.--Not later than 1 year 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 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, 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 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 rates; and
            ``(3) measures that, based on the best scientific 
        information available, will reduce bycatch, bycatch mortality, 
        post-release mortality, or regulatory discards in the 
        fishery.''.

                   TITLE II--INFORMATION AND RESEARCH

SEC. 201. RECREATIONAL FISHERIES INFORMATION.

    Section 401 (16 U.S.C. 1881) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Recreational Fisheries.--
            ``(1) Federal program.--The Secretary shall establish and 
        implement a regionally based registry program for recreational 
        fishermen in each of the 8 fishery management regions. The 
        program, which shall not require a fee, 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 acceptible 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 
        describes the progress made toward achieving the goals and 
        objectives of the program.''.

SEC. 202. COLLECTION OF INFORMATION.

    Section 402(a) (16 U.S.C. 1881a(a)) is amended--
            (1) by striking ``(a) Council Requests.--'' in the 
        subsection heading and inserting ``(a) Collection Programs.--
        '';
            (2) by resetting the text following ``(a) Collection 
        Programs.--'' as a new paragraph 2 ems from the left margin;
            (3) by inserting ``(1) Council requests.--'' before ``If a 
        Council'';
            (4) by striking ``subsection'' in the last sentence and 
        inserting ``paragraph'';
            (5) by striking ``(other than information that would 
        disclose proprietary or confidential commercial or financial 
        information regarding fishing operations or fish processing 
        operations)'' each place it appears; and
            (6) by adding at the end the following:
            ``(2) Secretarial initiation.--If the Secretary determines 
        that additional information is necessary for developing, 
        implementing, revising, or monitoring a fishery management 
        plan, or for determining whether a fishery is in need of 
        management, the Secretary may, by regulation, implement an 
        information collection or observer program requiring submission 
        of such additional information for the fishery.''.

SEC. 203. ACCESS TO CERTAIN INFORMATION.

    (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3) and 
        resetting it 2 ems from the left margin;
            (2) by striking all preceding paragraph (3), as 
        redesignated, and inserting the following:
    ``(b) Confidentiality of Information.--
            ``(1) Any information submitted to the Secretary, a state 
        fishery management agency, or a marine fisheries commission by 
        any person in compliance with the requirements of this Act 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, pursuant to a confidentiality agreement 
                between the observers, observer employers, and the 
                Secretary prohibiting disclosure of the information by 
                the observers or observer employers, in order--
                            ``(i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as necessary 
                        to train and prepare observers for deployments 
                        on specific vessels; or
                            ``(ii) to validate the accuracy of the 
                        observer information collected.''; and
            (3) by striking ``(1)(E).'' in paragraph (3), as 
        redesignated, and inserting ``(2)(A).''.
    (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
1881c(c)(4)) is amended by striking ``under section 401''.

SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 111, is 
further amended by adding at the end the following:

``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 Secretary in consultation with the Councils. The 
program shall promote and encourage efforts to utilize sources of data 
maintained by other Federal agencies, State agencies, or academia for 
use in such projects.
    ``(c) Funding.--In making funds available the Secretary shall award 
funding on a competitive basis and based on regional fishery management 
needs, select programs that form part of a coherent program of research 
focused on solving priority issues identified by the Councils, and 
shall give priority to the following projects:
            ``(1) Projects to collect data to improve, supplement, or 
        enhance stock assessments, including the use of fishing vessels 
        or acoustic or other marine technology.
            ``(2) Projects to assess the amount and type of bycatch or 
        post-release mortality occurring in a fishery.
            ``(3) Conservation engineering projects designed to reduce 
        bycatch, including avoidance of post-release mortality, 
        reduction of bycatch in high seas fisheries, and transfer of 
        such fishing technologies to other nations.
            ``(4) Projects for the identification of habitat areas of 
        particular concern and for habitat conservation.
            ``(5) Projects designed to collect and compile economic and 
        social data.
    ``(d) Experimental Permitting Process.--Not later than 180 days 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 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.''.

SEC. 205. HERRING STUDY.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is 
further amended by adding at the end the following:

``SEC. 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. 206. RESTORATION STUDY.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 205, is 
further amended by adding at the end the following:

``SEC. 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.''.

SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

    Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855 
note) is amended--
            (1) by striking ``and the Secretary of the Interior are'' 
        in paragraph (1) and inserting ``is'';
            (2) by striking ``not less than three and not more than 
        five'' in paragraph (1); and
            (3) by striking paragraph (6) and inserting the following:
            ``(6) In this subsection the term `Western Pacific 
        community' means a community eligible to participate under 
        section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855(i)(2)(B)(i) through (iv)).''.

SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

    (a) In General.--The Secretary shall establish and maintain a fund, 
to be known as the ``Fisheries Conservation and Management Fund'', 
which shall consist of amounts retained and deposited into the Fund 
under subsection (c).
    (b) Purposes.--Subject to the allocation of funds described in 
subsection (d), amounts in the Fund shall be available to the Secretary 
of Commerce, without appropriation or fiscal year limitation, to 
disburse as described in subsection (e) for--
            (1) efforts to improve fishery harvest data collection 
        including--
                    (A) expanding the use of electronic catch reporting 
                programs and technology; and
                    (B) improvement of monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices and satellite tracking systems such as VMS on 
                small vessels;
            (2) cooperative fishery research and analysis, in 
        collaboration with fishery participants, academic institutions, 
        community residents, and other interested parties;
            (3) development of methods or new technologies to improve 
        the quality, health safety, and value of fish landed;
            (4) conducting analysis of fish and seafood for health 
        benefits and risks, including levels of contaminants and, where 
        feasible, the source of such contaminants;
            (5) marketing of sustainable United States fishery 
        products, including consumer education regarding the health or 
        other benefits of wild fishery products harvested by vessels of 
        the United States; and
            (6) providing financial assistance to fishermen to offset 
        the costs of modifying fishing practices and gear to meet the 
        requirements of this Act, the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
        other Federal laws in pari materia.
    (c) Deposits to the Fund.--
            (1) Compliance assistance.--Paragraph (1) of section 311(e) 
        (16 U.S.C. 1861(e)) is amended--
                    (A) by striking ``and'' after the semicolon in 
                subparagraph (E);
                    (B) by striking ``law.'' in subparagraph (F); and
                    (C) by adding at the end the following:
                    ``(G) amounts to the Fishery Conservation and 
                Management fund established by section 208 of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Reauthorization Act of 2005 necessary to assist in 
                improving monitoring, enforcement, and compliance 
                activities under this Act.''.
            (2) Quota set-asides.--Any amount generated through quota 
        set-asides established by a Council under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) and designated by the Council for inclusion in the 
        Fishery Conservation and Management Fund, may be deposited in 
        the Fund.
            (3) Other funds.--In addition to amounts received under 
        sections 311(e)(1)(G) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1861(e)(1)(G), and 
        amounts received pursuant to paragraph (2) of this subsection, 
        the Fishery Conservation and Management Fund may also receive 
        funds from--
                    (A) appropriations for the purposes of this 
                section; and
                    (B) States or other public sources or private or 
                non-profit organizations for purposes of this section.
    (d) Regional Allocation.--The Secretary shall, every 2 years, 
apportion monies from the Fund among the eight Council regions 
according to consensus recommendations of the Councils, based on 
regional priorities identified through the Council process, except that 
no region shall receive less than 5 percent of the Fund in each 
allocation period.
    (e) Limitation on the Use of the Fund.--No amount made available 
from the Fund may be used to defray the costs of carrying out other 
requirements of this Act or the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.).

SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL CONSTRUCTION FUND 
              FOR SUSTAINABLE PURPOSES.

    (a) Purpose of Obligations.--Section 1104A(a)(7) of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is amended to read as 
follows:
            ``financing or refinancing including,
                    ``(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;
                    ``(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; 
                or
                    ``(D) developing a sustainable fisheries labeling 
                and marketing plan for a fishery, as defined in section 
                607(k)(10) of this Act, determined by the Secretary to 
                be in compliance with the requirements of this Act and 
                any other marine resource law implemented by the 
                Secretary.''.
    (b) by striking ``fisheries of the United States'' in the second 
sentence of subsection (a) and inserting ``fisheries of the United 
States, or for the purpose of developing a sustainable fisheries 
labeling and marketing plan for a fishery determined by the Secretary 
to be in compliance with the requirements of this Act and any other 
living marine resource law implemented by the Secretary, or with 
respect to seafood imports, to have been taken and retained in a manner 
consistent with international regulations governing the taking of such 
stock of fish and is accompanied by a certificate of origin under 
section 219 of the Fish and Seafood Promotion Act of 1986,'';
    (c) Expansion of Purposes for Qualified Withdrawals.--Section 
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) 
is amended--
            (1) by striking ``for:'' and inserting ``for--'';
            (2) by striking ``vessel,'' in subparagraph (A) and 
        inserting ``vessel;'';
            (3) by striking ``vessel, or'' in subparagraph (B) and 
        inserting ``vessel;'';
            (4) by striking ``vessel.'' in subparagraph (C) and 
        inserting ``vessel;''; and
            (5) by inserting after subparagraph (C) the following:
                    ``(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 Magnuson-Stevens 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;
                            ``(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.''.

                  TITLE III--OTHER FISHERIES STATUTES

SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

    (a) Civil Penalties.--Section 8(a) of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f(a)) is amended--
            (1) by striking ``$25,000'' and inserting ``$200,000'';
            (2) by striking ``violation, the degree of culpability, and 
        history of prior offenses, ability to pay,'' in the fifth 
        sentence and inserting ``violator, the degree of culpability, 
        any history of prior offenses,''; and
            (3) by adding at the end the following: ``In assessing such 
        penalty, the Secretary may also consider any information 
        provided by the violator relating to the ability of the 
        violator to pay if the information is provided to the Secretary 
        at least 30 days prior to an administrative hearing.''.
    (b) Permit Sanctions.--Section 8 of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f) is amended by adding at the end the 
following:
    ``(e) Revocation or Suspension of Permit.--
            ``(1) In general.--The Secretary may take any action 
        described in paragraph (2) in any case in which--
                    ``(A) a vessel has been used in the commission of 
                any act prohibited under section 7;
                    ``(B) the owner or operator of a vessel or any 
                other person who has been issued or has applied for a 
                permit under this Act has acted in violation of section 
                7; or
                    ``(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other property, or 
                any civil penalty or criminal fine imposed on a vessel 
                or owner or operator of a vessel or any other person 
                who has been issued or has applied for a permit under 
                any marine resource law enforced by the Secretary has 
                not been paid and is overdue.
            ``(2) Permit-related actions.--Under the circumstances 
        described in paragraph (1) the Secretary may--
                    ``(A) revoke any permit issued with respect to such 
                vessel or person, with or without prejudice to the 
                issuance of subsequent permits;
                    ``(B) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                    ``(C) deny such permit; or
                    ``(D) impose additional conditions and restrictions 
                on any permit issued to or applied for by such vessel 
                or person under this Act and, with respect to any 
                foreign fishing vessel, on the approved application of 
                the foreign nation involved and on any permit issued 
                under that application.
            ``(3) Factors to be considered.--In imposing a sanction 
        under this subsection, the Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the sanction 
                is imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
            ``(4) Transfers of ownership.--Transfer of ownership of a 
        vessel, a permit, or any interest in a permit, by sale or 
        otherwise, shall not extinguish any permit sanction that is in 
        effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, permit, 
        or interest in a permit, by sale or otherwise, the owner shall 
        disclose in writing to the prospective transferee the existence 
        of any permit sanction that will be in effect or pending with 
        respect to the vessel, permit, or interest at the time of the 
        transfer.
            ``(5) Reinstatement.--In the case of any permit that is 
        suspended under this subsection for nonpayment of a civil 
        penalty, criminal fine, or any amount in settlement of a civil 
        forfeiture, the Secretary shall reinstate the permit upon 
        payment of the penalty, fine, or settlement amount and interest 
        thereon at the prevailing rate.
            ``(6) Hearing.--No sanction shall be imposed under this 
        subsection unless there has been prior opportunity for a 
        hearing on the facts underlying the violation for which the 
        sanction is imposed either in conjunction with a civil penalty 
        proceeding under this section or otherwise.
            ``(7) Permit defined.--In this subsection, the term 
        `permit' means any license, certificate, approval, 
        registration, charter, membership, exemption, or other form of 
        permission issued by the Commission or the Secretary, and 
        includes any quota share or other transferable quota issued by 
        the Secretary.''.
    (c) Criminal Penalties.--Section 9(b) of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
            (1) by striking ``$50,000'' and inserting ``$200,000''; and
            (2) by striking ``$100,000,'' and inserting ``$400,000,''.

SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

    (a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the 
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended 
to read as follows:
    ``(a) Authorization.--For each of fiscal years 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) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River 
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000 
for each of fiscal years 2004 through 2008,'' and inserting 
``$4,000,000 for each of fiscal years 2006 through 2010,''.
    (c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning 
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal 
years 2001 through 2005'' and inserting ``fiscal years 2006 through 
2010''.
    (d) Pacific Salmon Treaty Act.--
            (1) Transfer of section to act.--The text of section 623 of 
        title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on 
        November 17, 1999, and enacted into law by section 1000(a)(1) 
        of the Act of November 29, 1999 (Public Law 106-113)--
                    (A) is transferred to the Pacific Salmon Treaty Act 
                (16 U.S.C. 3631 et seq.) and inserted after section 15; 
                and
                    (B) amended--
                            (i) by striking ``Sec. 623.''; and
                            (ii) inserting before ``(a) Northern Fund 
                        and Southern Fund.--'' the following:

``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; 
              ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.

            (2) Technical correction.--The amendment made by the 
        Department of Commerce and Related Agencies Appropriations Act, 
        2005 under the heading ``pacific coastal salmon recovery'' (118 
        Stat. 2881), to section 628(2)(A) of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2001 is deemed to have been made 
        to section 623(d)(2)(A) of title VI of H.R. 3421 (113 Stat. 
        1501A-56), as introduced on November 17, 1999, enacted into law 
        by section 1000(a)(1) of the Act of November 29, 1999 (Public 
        Law 106-113) instead of to such section 628(2)(A), as of the 
        date of enactment of the Department of Commerce and Related 
        Agencies Appropriations Act, 2005.
            (3) Reauthorization.--Section 16(d)(2)(A) of the Pacific 
        Salmon Treaty Act, as transferred by subsection (a), is 
        amended--
                    (A) by inserting ``sustainable salmon fisheries,'' 
                after ``enhancement,''; and
                    (B) by inserting ``2006, 2007, 2008, 2009, and 
                2010,'' after ``2005,''.
    (e) Atlantic Coastal Fisheries Cooperative Management Act.--Section 
811(a) of the Atlantic Coastal Fisheries Cooperative Management Act (16 
U.S.C. 5108(a)) is amended by striking ``2005.'' and inserting ``2005 
and $15,000,000 for each of fiscal years 2006 through 2010.''.
    (f) State Authority for Dungeness Crab Fishery Management.--Section 
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
            (1) by striking ``September 30, 2006.'' in subsection (i) 
        and inserting ``September 30, 2011.'';
            (2) by striking ``health'' in subsection (j) and inserting 
        ``status''; and
            (3) by striking ``California.'' in subsection (j) and 
        inserting ``California, including--
            ``(1) stock status and trends throughout its range;
            ``(2) a description of applicable research and scientific 
        review processes used to determine stock status and trends; and
            ``(3) measures implemented or planned that are designed to 
        prevent or end overfishing in the fishery.''.

                        TITLE IV--INTERNATIONAL

SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

    Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end 
the following:

``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

    ``(a) In General.--The Secretary may undertake activities to 
promote improved monitoring and compliance for high seas fisheries, or 
fisheries governed by international fishery management agreements, and 
to implement the requirements of this title.
    ``(b) Specific Authorities.--In carrying out subsection (a), the 
Secretary may--
            ``(1) share information on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing on the 
        high seas, in areas covered by international fishery management 
        agreements, and by vessels of other nations within the United 
        States exclusive economic zone, with relevant law enforcement 
        organizations of foreign nations and relevant international 
        organizations;
            ``(2) further develop real time information sharing 
        capabilities, particularly on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing;
            ``(3) participate in global and regional efforts to build 
        an international network for monitoring, control, and 
        surveillance of high seas fishing and fishing under regional or 
        global agreements;
            ``(4) support efforts to create an international registry 
        or database of fishing vessels, including by building on or 
        enhancing registries developed by international fishery 
        management organizations;
            ``(5) enhance enforcement capabilities through the 
        application of commercial or governmental remote sensing 
        technology to locate or identify vessels engaged in illegal, 
        unreported, or unregulated fishing on the high seas, including 
        encroachments into the exclusive economic zone by fishing 
        vessels of other nations;
            ``(6) provide technical or other assistance to developing 
        countries to improve their monitoring, control, and 
        surveillance capabilities; and
            ``(7) support coordinated international efforts to ensure 
        that all large-scale fishing vessels operating on the high seas 
        are required by their flag State to be fitted with vessel 
        monitoring systems no later than December 31, 2008, or earlier 
        if so decided by the relevant flag State or any relevant 
        international fishery management organization.''.

SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED 
              FISHING.

    Section 2(a) (16 U.S.C. 1802(a)) is amended by adding at the end 
the following:
            ``(11) International cooperation is necessary to address 
        illegal, unreported, and unregulated fishing and other fishing 
        practices which may harm the sustainability of living marine 
        resources and disadvantage the United States fishing 
        industry.''.

SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND 
              REDUCE BYCATCH OF PROTECTED MARINE SPECIES.

    (a) In General.--The High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826d et seq.), is amended by adding at the 
end the following:

``SEC. 607 BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

    ``The Secretary, in consultation with the Secretary of State, shall 
provide to Congress, by not later than 2 years after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 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--
                    ``(A) to incorporate multilateral sanctions against 
                member 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 market-
        related 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
            ``(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, 
        shipper-by-shipper, or other basis of fish or fish products 
        from a vessel of a harvesting nation not certified under 
        paragraph (1) if the Secretary determines that--
                    ``(A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to which the 
                United States is a party; or
                    ``(B) the vessel is not identified by an 
                international fishery management organization as 
                participating in illegal, unreported, or unregulated 
                fishing activities.
            ``(3) Effect of certification.--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 
        guidelines.--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 for which there 
                are no applicable conservation or management measures 
                or in areas with no applicable international fishery 
                management organization or agreement; and
                    ``(C) destructive fishing practices, 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--
            ``(1) 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 species, 
        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 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.''.
    (b) Conforming Amendments.--
            (1) Denial of port privileges.--Section 101(b) of the High 
        Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is 
        amended by inserting ``or illegal, unreported, or unregulated 
        fishing'' after ``fishing'' in paragraph (1)(A)(i), paragraph 
        (1)(B), paragraph (2), and paragraph (4)(A)(i).
            (2) Duration of denial.--Section 102 of the High Seas 
        Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended 
        by inserting ``or illegal, unreported, or unregulated fishing'' 
        after ``fishing''.

SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

    (a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C. 
1821(h)(2)(B)) is amended by striking ``that is at least equal in 
effectiveness to the program established by the Secretary;'' and 
inserting ``or other monitoring program that the Secretary, in 
consultation with the Western Pacific Management Council, determines is 
adequate to monitor harvest, bycatch, and compliance with the laws of 
the United States by vessels fishing under the agreement;''.
    (b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C. 
1824(e)(4)(A)(i)) is amended to read as follows:
            ``(i) Pacific Insular Area observer programs, or other 
        monitoring programs, that the Secretary determines are adequate 
        to monitor the harvest, bycatch, and compliance with the laws 
        of the United States by foreign fishing vessels that fish under 
        Pacific Insular Area fishing agreements;''.

SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

    (a) In General.--Section 10 of the Atlantic Tunas Convention Act of 
1975 (16 U.S.C. 971h) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including use for payment of the 
United States share of the joint expenses of the Commission as provided 
in Article X of the Convention--
            ``(1) $5,495,000 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.
    ``(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 94-339 (16 U.S.C. 
        971i), of which $3,000,000 shall be for the cooperative 
        research program under section 3(b)(2)(H) of that section (16 
        U.S.C. 971i(b)(2)(H).''.
    (b) Atlantic Billfish Cooperative Research Program.--Section 
3(b)(2) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971i(b)(2)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) include a cooperative research program on 
                Atlantic billfish based on the Southeast Fisheries 
                Science Center Atlantic Billfish Research Plan of 2002; 
                and''.

SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

    (a) Rebuilding Overfished Fisheries.--Section 304(e) (16 U.S.C. 
1854(e)) is amended by adding at the end thereof the following:
            ``(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--
                            ``(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.''.
    (b) Highly Migratory Species Tagging Research.--Section 304(g)(2) 
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and 
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in 
a commercial fishery managed by a Council under this Act or the Western 
and Central Pacific Fisheries Convention Implementation Act,''.

   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Western and Central Pacific 
Fisheries Convention Implementation Act''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.
            (2) Agreement.--The term ``Agreement'' means the Agreement 
        for the Implementation of the Provisions of the United Nations 
        Convention on the Law of the Sea of 10 December 1982 relating 
        to the Conservation and Management of Straddling Fish Stocks 
        and Highly Migratory Fish Stocks.
            (3) Commission.--The term ``Commission'' means the 
        Commission for the Conservation and Management of Highly 
        Migratory Fish Stocks in the Western and Central Pacific Ocean 
        established in accordance with this Convention.
            (4) Convention area.--The term ``convention area'' means 
        all waters of the Pacific Ocean bounded to the south and to the 
        east by the following line:
        From the south coast of Australia due south along the 141th 
        meridian of east longitude to its intersection with the 55th 
        parallel of south latitude; thence due east along the 55th 
        parallel of south latitude to its intersection with the 150th 
        meridian of east longitude; thence due south along the 150th 
        meridian of east longitude to its intersection with the 60th 
        parallel of south latitude; thence due east along the 60th 
        parallel of south latitude to its intersection with the 130th 
        meridian of west longitude; thence due north along the 130th 
        meridian of west longitude to its intersection with the 4th 
        parallel of south latitude; thence due west along the 4th 
        parallel of south latitude to its intersection with the 150th 
        meridian of west longitude; thence due north along the 150th 
        meridian of west longitude.
            (5) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the zone established by Presidential Proclamation 
        Numbered 5030 of March 10, 1983.
            (6) Fishing.--The term ``fishing'' means--
                    (A) searching for, catching, taking, or harvesting 
                fish;
                    (B) attempting to search for, catch, take, or 
                harvest fish;
                    (C) engaging in any other activity which can 
                reasonably be expected to result in the locating, 
                catching, taking, or harvesting of fish for any 
                purpose;
                    (D) placing, searching for, or recovering fish 
                aggregating devices or associated electronic equipment 
                such as radio beacons;
                    (E) any operations at sea directly in support of, 
                or in preparation for, any activity described in 
                subparagraphs (A) through (D), including transshipment; 
                and
                    (F) use of any other vessel, vehicle, aircraft, or 
                hovercraft, for any activity described in subparagraphs 
                (A) through (E) except for emergencies involving the 
                health and safety of the crew or the safety of a 
                vessel.
            (7) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended for use for the purpose of fishing, 
        including support ships, carrier vessels, and any other vessel 
        directly involved in such fishing operations.
            (8) Highly migratory fish stocks.--The term ``highly 
        migratory fish stocks'' means all fish stocks of the species 
        listed in Annex 1 of the 1982 Convention occurring in the 
        Convention Area, and such other species of fish as the 
        Commission may determine.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (10) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, and any other commonwealth, territory, or possession of 
        the United States.
            (11) Transhipment.--The term ``transshipment'' means the 
        unloading of all or any of the fish on board a fishing vessel 
        to another fishing vessel either at sea or in port.
            (12) WCPCF convention; western and central pacific 
        convention.--The terms ``WCPCF Convention'' and ``Western and 
        Central Pacific Convention'' means the Convention on the 
        Conservation and Management of the Highly Migratory Fish Stocks 
        in the Western and Central Pacific Ocean, with Annexes, which 
        was adopted at Honolulu, Hawaii, on September 5, 2000, by the 
        Multilateral High Level Conference on the Highly Migratory Fish 
        Stocks in the Western and Central Pacific Ocean.

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

    (a) In General.--The President shall appoint at least 5 individuals 
as United States Commissioners to represent the United States as 
members of the United States Section of the Commission. In making the 
appointments, the President shall select Commissioners from among 
individuals, including officials of the United States government (one 
of whom shall be an officer or employee of the Department of Commerce), 
and the chairman of the Western Pacific Fishery Management Council or 
the chairman's designee, who are knowledgeable or experienced 
concerning highly migratory fish stocks in the Western and Central 
Pacific Ocean. The Secretary of State, or the Secretary of State's 
designee, shall also serve as a member of the United States Section. 
The Commissioners shall be entitled to select a Chairman and to adopt 
such rules of procedures as they find necessary.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise at any meeting of the Commission, Council, 
any Panel, or the advisory committee established pursuant to subsection 
(d), all powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection (a) of 
this section for whatever reason. The number of such Alternate United 
States Commissioners that may be designated for any such meeting shall 
be limited to the number of United States Commissioners appointed 
pursuant to subsection (a) of this section who will not be present at 
such meeting.
    (c) Administrative Matters.--
            (1) Employment status.--Individuals serving as such 
        Commissioners shall not be considered to be Federal employees 
        while performing such service, except for purposes of injury 
        compensation or tort claims liability as provided in chapter 81 
        of title 5 and chapter 171 of title 28, United States Code.
            (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as such Commissioners or Alternate Commissioners.
            (3) Travel expenses.--
                    (A) The Secretary of State shall pay the necessary 
                travel expenses of United States Commissioners, 
                Alternate United States Commissioners, and authorized 
                advisers in accordance with the Federal Travel 
                Regulations and sections 5701, 5702, 5704 through 5708, 
                and 5731 of title 5, United States Code.
                    (B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.
    (d) Advisory Committees.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee which shall be composed of--
                            (i) not less than 10 nor more than 15 
                        individuals appointed by the United States 
                        Commissioners who shall select such individuals 
                        from the various groups concerned with the 
                        fisheries covered by the WCPFC Convention, 
                        providing, to the maximum extent practicable, 
                        an equitable balance among such groups;
                            (ii) the chair of the Western Pacific 
                        Fishery Management Council's Advisory Committee 
                        or the chair's designee; and
                            (iii) officials of the fisheries management 
                        authorities of American Samoa, Guam, and the 
                        Northern Mariana Islands (or their designees).
                    (B) Terms and privileges.--Each member of the 
                advisory committee appointed under subparagraph (A) 
                shall serve for a term of 2 years and shall be eligible 
                for reappointment. Members of the advisory committee 
                may attend all public meetings of the Commission, 
                Council, or any Panel and any other meetings to which 
                they are invited by the Commission, Council, or any 
                Panel. The advisory committee shall be invited to 
                attend all non-executive meetings of the United States 
                Commissioners and at such meetings shall be given 
                opportunity to examine and to be heard on all proposed 
                programs of investigation, reports, recommendations, 
                and regulations of the Commission.
                    (C) Procedures.--The advisory committee established 
                by subparagraph (A) shall determine its organization, 
                and prescribe its practices and procedures for carrying 
                out its functions under this chapter, the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and the WCPFC Convention. The 
                advisory committee shall publish and make available to 
                the public a statement of its organization, practices, 
                and procedures. A majority of the members of the 
                advisory committee shall constitute a quorum, but one 
                or more such members designated by the advisory 
                committee may hold meetings to provide for public 
                participation and to discuss measures relating to the 
                United States implementation of Commission 
                recommendations. Meetings of the advisory committee, 
                except when in executive session, shall be open to the 
                public, and prior notice of meetings shall be made 
                public in a timely fashion. and the advisory committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the advisory 
                committee with relevant information concerning 
                fisheries and international fishery agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to advisory committees in a timely manner such 
                administrative and technical support services as are 
                necessary for their effective functioning.
                    (B) Compensation; status; expenses.--Individuals 
                appointed to serve as a member of an advisory 
                committee--
                            (i) shall serve without pay, but while away 
                        from their homes or regular places of business 
                        in the performance of services for the advisory 
                        committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, in 
                        the same manner as persons employed 
                        intermittently in the Government service are 
                        allowed expenses under section 5703 of title 5, 
                        United States Code; and
                            (ii) shall not be considered Federal 
                        employees by reason of their service as members 
                        of an advisory committee, except for purposes 
                        of injury compensation or tort claims liability 
                        as provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.
    (e) Memorandum of Understanding.--For highly migratory species in 
the Pacific, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Western 
Pacific, Pacific, and North Pacific Fishery Management Councils, that 
establishes a mechanism for the relevant Council or Councils to--
            (1) participate in United States delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;
            (2) make formal recommendations to the Secretary and the 
        Secretary of State regarding necessary measures for both 
        domestic and foreign vessels fishing for these species;
            (3) coordinate positions with the United States delegation 
        for presentation to the appropriate international fishery 
        organization; and
            (4) recommend those domestic fishing regulations that are 
        consistent with the actions of the international fishery 
        organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.)

SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, and other 
        communications of and to the Commission;
            (2) in consultation with the Secretary and the United 
        States Commissioners, approve, disapprove, object to, or 
        withdraw objections to the general annual program of the WCPFC 
        Commission with respect to conservation and management measures 
        and other measures proposed or adopted in accordance with the 
        WCPCF Convention; and
            (3) act upon, or refer to other appropriate authority, any 
        communication referred to in paragraph (1).

SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--The Secretary, in consultation 
with the Secretary of the Department in which the Coast Guard is 
operating and the appropriate Regional Fishery Management Council, 
shall promulgate such regulations as may be necessary to carry out the 
United States international obligations under the WCPFC Convention and 
this title. The Secretary shall promulgate such regulations in 
accordance with the procedures established by the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
    (b) Additions to Fishery Regimes and Regulations.--The Secretary 
may promulgate regulations applicable to nationals or vessels of the 
United States, or both, which are in addition to, and not in conflict 
with, fishery conservation and management measures and regulations 
adopted under the WCPFC Convention.

SEC. 506. ENFORCEMENT.

    (a) In General.--The Secretary may--
            (1) administer and enforce this title and any regulations 
        issued under this title, including enforcement of any such 
        regulations within the boundaries of any State bordering on the 
        convention area;
            (2) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies in--
                    (A) the administration and enforcement of this 
                title; and
                    (B) the conduct of scientific, research, and other 
                programs under this title;
            (3) conduct fishing operations and biological experiments 
        for purposes of scientific investigation or other purposes 
        necessary to implement the WCPFC Convention;
            (4) collect, utilize, and disclose such information as may 
        be necessary to implement the WCPFC Convention, subject to 
        sections 552 and 552a of title 5, United States Code, and 
        section 402(b) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881a(b));
            (5) assess and collect fees to recover the costs of 
        implementing and enforcing this title, policy and rulemaking 
        activities, user information services, international activities 
        under this title, and the costs to the United States of 
        enforcing the WCPFC Convention, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this title; and
            (6) issue permits to owners and operators of United States 
        vessels to fish in the convention area seaward of the United 
        States Exclusive Economic Zone.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation Act (16 U.S.C. 1857) were incorporated into and made a 
part of this title. Any person that violates any provision of this 
title is subject to the penalties and entitled to the privileges and 
immunities provided in the Magnuson-Stevens Fishery Conservation Act in 
the same manner, by the same means, and with the same jurisdiction, 
power, and duties as though all applicable terms and provisions of that 
Act were incorporated into and made a part of this title.

SEC. 507. PENALTIES.

    This title shall be enforced by the Secretary as if a violation of 
this title or of any regulation promulgated by the Commission under 
this title were a violation of section 307 of the Magnuson-Stevens 
Fishery Conservation Act (16 U.S.C. 1857).

SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The United States Commissioners, through the Secretary 
of State and with the concurrence of the Secretary, institution, or 
organization concerned, may arrange for the cooperation of Federal 
agencies and of State and private institutions and organizations in 
carrying out responsibilities under the WCPFC Convention.
    (b) Scientific and Other Programs; Facilities and Personnel.--All 
Federal agencies are authorized, upon the request of the Secretary of 
Commerce Commission, to cooperate in the conduct of scientific and 
other programs and to furnish facilities and personnel for the purpose 
of assisting the Commission in carrying out its duties under the WCPFC 
Convention.

SEC. 509. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Northern 
Mariana Islands to the same extent provided to the territories of other 
nations.

SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary to carry out this title and to 
pay the United States' contribution to the Commission under section 5 
of part III of the WCPFC Convention.D23/

                       TITLE VI--PACIFIC WHITING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Pacific Whiting Act of 2005''.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Advisory panel.--The term ``advisory panel'' means the 
        Advisory Panel on Pacific Hake/Whiting established by the 
        Agreement.
            (2) Agreement.--The term ``Agreement'' means the Agreement 
        between the Government of the United States and the Government 
        of Canada on Pacific Hake/Whiting, signed at Seattle, 
        Washington, on November 21, 2003.
            (3) Catch.--The term ``catch'' means all fishery removals 
        from the offshore whiting resource, including landings, 
        discards, and bycatch in other fisheries.
            (4) Joint management committee.--The term ``joint 
        management committee'' means the joint management committee 
        established by the Agreement.
            (5) Joint technical committee.--The term ``joint technical 
        committee'' means the joint technical committee established by 
        the Agreement.
            (6) Offshore whiting resource.--The term ``offshore whiting 
        resource'' means the transboundary stock of Merluccius 
        productus that is located in the offshore waters of the United 
        States and Canada except in Puget Sound and the Strait of 
        Georgia.
            (7) Scientific review group.--The term ``scientific review 
        group'' means the scientific review group established by the 
        Agreement.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) United states section.--The term ``United States 
        Section'' means the United States representatives on the joint 
        management committee.

SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT COMMITTEE.

    (a) Representatives.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint 4 individuals to represent 
        the United States as the United States Section on the joint 
        management committee. In making the appointments, the Secretary 
        shall select representatives from among individuals who are 
        knowledgeable or experienced concerning the offshore whiting 
        resource. Of these--
                    (A) 1 shall be an official of the National Oceanic 
                and Atmospheric Administration;
                    (B) 1 shall be a member of the Pacific Fishery 
                Management Council, appointed with consideration given 
                to any recommendation provided by that Council;
                    (C) 1 shall be appointed from a list submitted by 
                the treaty Indian tribes with treaty fishing rights to 
                the offshore whiting resource; and
                    (D) 1 shall be appointed from the commercial sector 
                of the whiting fishing industry concerned with the 
                offshore whiting resource.
            (2) Term of office.--Each representative appointed under 
        paragraph (1) shall be appointed for a term not to exceed 4 
        years, except that, of the initial appointments, 2 
        representatives shall be appointed for terms of 2 years. Any 
        individual appointed to fill a vacancy occurring prior to the 
        expiration of the term of office of that individual's 
        predecessor shall be appointed for the remainder of that term. 
        A representative may be appointed for a term of less than 4 
        years if such term is necessary to ensure that the term of 
        office of not more than 2 representatives will expire in any 
        single year. An individual appointed to serve as a 
        representative is eligible for reappointment.
            (3) Chair.--Unless otherwise agreed by all of the 4 
        representatives, the chair shall rotate annually among the 4 
        members, with the order of rotation determined by lot at the 
        first meeting.
    (b) Alternate Representatives.--The Secretary, in consultation with 
the Secretary of State, may designate alternate representatives of the 
United States to serve on the joint management committee. An 
alternative representative may exercise, at any meeting of the 
committee, all the powers and duties of a representative in the absence 
of a duly designated representative for whatever reason.

SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC REVIEW GROUP.

    (a) In General.--The Secretary, in consultation with the Secretary 
of State, shall appoint no more than 2 scientific experts to serve on 
the scientific review group. An individual shall not be eligible to 
serve on the scientific review group while serving on the joint 
technical committee.
    (b) Term.--An individual appointed under subsection (a) shall be 
appointed for a term of not to exceed 4 years, but shall be eligible 
for reappointment. An individual appointed to fill a vacancy occurring 
prior to the expiration of a term of office of that individual's 
predecessor shall be appointed to serve for the remainder of that term.
    (c) Joint Appointments.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
may appoint to the scientific review group, from a list of names 
provided by the advisory panel --
            (1) up to 2 independent members of the scientific review 
        group; and
            (2) 2 public advisors.

SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.

    (a) Scientific Experts.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as scientific experts on the joint 
        technical committee, at least 1 of whom shall be an official of 
        the National Oceanic and Atmospheric Administration.
            (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.
    (b) Independent Member.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
shall appoint 1 independent member to the joint technical committee 
selected from a list of names provided by the advisory panel.

SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

    (a) In General.--
            (1) Appointment.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as members of the advisory panel, 
        selected from among individuals who are--
                    (A) knowledgeable or experienced in the harvesting, 
                processing, marketing, management, conservation, or 
                research of the offshore whiting resource; and
                    (B) not employees of the United States.
            (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.

SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

    (a) In General.--The Secretary is responsible for carrying out the 
Agreement and this title, including the authority, to be exercised in 
consultation with the Secretary of State, to accept or reject, on 
behalf of the United States, recommendations made by the joint 
management committee.
    (b) Regulations; Cooperation with Canadian Officials.--In 
exercising responsibilities under this title, the Secretary--
            (1) may promulgate such regulations as may be necessary to 
        carry out the purposes and objectives of the Agreement and this 
        title; and
            (2) with the concurrence of the Secretary of State, may 
        cooperate with officials of the Canadian Government duly 
        authorized to carry out the Agreement.

SEC. 608. RULEMAKING.

    (a) Application With Magnuson-Stevens Act.--The Secretary shall 
establish the United States catch level for Pacific whiting according 
to the standards and procedures of the Agreement and this title rather 
than under the standards and procedures of the Magnuson-Stevens Fishery 
Conservation Act (16 U.S.C. 1801 et seq.), except to the extent 
necessary to address the rebuilding needs of other species. Except for 
establishing the catch level, all other aspects of Pacific whiting 
management shall be--
            (1) subject to the Magnuson-Stevens Fishery Conservation 
        Act; and
            (2) consistent with this title.
    (b) Joint Management Committee Recommendations.--For any year in 
which both parties to the Agreement approve recommendations made by the 
joint management committee with respect to the catch level, the 
Secretary shall implement the approved recommendations. Any regulation 
promulgated by the Secretary to implement any such recommendation shall 
apply, as necessary, to all persons and all vessels subject to the 
jurisdiction of the United States wherever located.
    (c) Years With No Approved Catch Recommendations.--If the parties 
to the Agreement do not approve the joint management committee's 
recommendation with respect to the catch level for any year, the 
Secretary shall establish the total allowable catch for Pacific whiting 
for the United States catch. In establishing the total allowable catch 
under this subsection, the Secretary shall--
            (1) take into account any recommendations from the Pacific 
        Fishery Management Council, the joint management committee, the 
        joint technical committee, the scientific review group, and the 
        advisory panel;
            (2) base the total allowable catch on the best scientific 
        information available;
            (3) use the default harvest rate set out in paragraph 1 of 
        Article III of the Agreement unless the Secretary determines 
        that the scientific evidence demonstrates that a different rate 
        is necessary to sustain the offshore whiting resource; and
            (4) establish the United State's share of the total 
        allowable catch based on paragraph 2 of Article III of the 
        Agreement and make any adjustments necessary under section 5 of 
        Article II of the Agreement.

SEC. 609. ADMINISTRATIVE MATTERS.

    (a) Employment Status.--Except for an individual who is an employee 
(as defined in section 2103 of title 5, United States Code), without 
regard to an appointment under this title, an individual appointed as a 
United States representative under section 603(a), an alternate United 
States representative under section 603(b), a scientific expert under 
section 604(a) or 605(a), or a member of the advisory panel under 
section 606(a) (other than an individual described in subsection 
(b)(2)) shall not be considered to be a Federal employee while serving 
as such a representative, alternate representative, scientific expert, 
or member, except for purposes of injury compensation or tort claims 
liability as provided in chapter 81 of title 5 and chapter 171 of title 
28, United States Code.
    (b) Compensation.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual appointed under this title shall receive no 
        compensation for the individual's service as a representative, 
        alternate representative, scientific expert, or advisory panel 
        member under this title.
            (2) Scientific review group.--Notwithstanding paragraph 
        (1), the Secretary may employ and fix the compensation of an 
        individual appointed under section 604(a) to serve as a 
        scientific expert on the scientific review group who is not 
        employed by the United States government, a State government, 
        or an Indian tribal government in accordance with section 3109 
        of title 5, United States Code.
    (c) Travel Expenses.--Except as provided in subsection (d), the 
Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 
title 5, United States Code.
    (d) Joint Appointees.--With respect to the 2 independent members of 
the scientific review group and the 2 public advisors to the scientific 
review group jointly appointed under section 604(c), and the 1 
independent member to the joint technical committee jointly appointed 
under section 605(b), the Secretary may pay up to 50 percent of--
            (1) any compensation paid to such individuals; and
            (2) the necessary travel expenses of such individuals.

SEC. 610. ENFORCEMENT.

    (a) In General.--The Secretary may--
            (1) administer and enforce this title and any regulations 
        issued under this title;
            (2) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies in the 
        administration and enforcement of this title; and
            (3) collect, utilize, and disclose such information as may 
        be necessary to implement the Agreement and this title, subject 
        to sections 552 and 552a of title 5, United States Code.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation Act (16 U.S.C. 1857) were incorporated into and made a 
part of this title. Any person that violates any provision of this 
title is subject to the penalties and entitled to the privileges and 
immunities provided in the Magnuson-Stevens Fishery Conservation Act in 
the same manner, by the same means, and with the same jurisdiction, 
power, and duties as though all applicable terms and provisions of that 
Act were incorporated into and made a part of this title.
    (d) Penalties.--This title shall be enforced by the Secretary as if 
a violation of this title or of any regulation promulgated by the 
Secretary under this title were a violation of section 307 of the 
Magnuson-Stevens Fishery Conservation Act (16 U.S.C. 1857).

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out the obligations of the United States 
under the Agreement and this title.
                               <all>D23/
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