II 

Calendar No. 389 

109TH CONGRESS 

2D SESSION S. 2012 

[Report No. 109–229] 

To authorize appropriations to the Secretary of Commerce for the MagnusonStevens 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, Mrs. BOXER, Mrs. HUTCHISON, Mr. LAUTENBERG, Mr. KERRY, 

Mr. LOTT, Mr. SMITH, Mr. PRYOR, and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

APRIL 4, 2006 

Reported by Mr. STEVENS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Magnuson-Stevens Fishery Conservation and Manage4 ment Reauthorization Act of 2005’’. 

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

6 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. 


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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. 

1 SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

2 CONSERVATION AND MANAGEMENT ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

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1 ery Conservation and Management Act (16 U.S.C. 1801 

2 et seq.). 

3 SEC. 3. CHANGES IN DEFINITIONS. 

4 (a) IN GENERAL.—Section 3 (16 U.S.C. 1802) is 

5 amended— 

6 (1) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(6A) The term ‘confidential information’ 

9 means— 

10 ‘‘(A) trade secrets; or 

11 ‘‘(B) commercial or financial information 

12 the disclosure of which is likely to result in sub13 stantial harm to the competitive position of the 

14 person who submitted the information to the 

15 Secretary.’’; 

16 (2) by inserting after paragraph (13) the fol17 lowing: 

18 ‘‘(13B) the term ‘regional fishery association’ 

19 means an association formed for the mutual benefit 

20 of members comprising persons engaging in the har21 vest or processing of fishery resources in a specific 

22 geographic region or subregion who otherwise own or 

23 operate businesses substantially dependent upon a 

24 fishery to meet social and economic needs in that re25 gion or subregion.’’; 


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1 (3) by inserting after paragraph (23) the fol2 lowing: 

3 ‘‘(23A) The term ‘limited access privilege’— 

4 ‘‘(A) means a Federal permit, issued as 

5 part of a limited access system under section 

6 303A to harvest a quantity of fish that may be 

7 received or held for exclusive use by a person; 

8 and 

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

10 but 

11 ‘‘(C) does not include community develop12 ment quotas as described in section 305(i).’’; 

13 and 

14 (4) by inserting after paragraph (27) the fol15 lowing: 

16 ‘‘(27A) The term ‘observer information’ means 

17 any information collected, observed, retrieved, or cre18 ated by an observer or electronic monitoring system 

19 pursuant to authorization by the Secretary, or col20 lected as part of a cooperative research initiative, in21 cluding fish harvest or processing observations, fish 

22 sampling or weighing data, vessel logbook data, ves23 sel or processor-specific information (including any 

24 safety, location, or operating condition observations), 


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1 and video, audio, photographic, or written docu2 ments.’’. 

3 (b) REDESIGNATION.—Paragraphs (1) through (45) 

4 of section 3 (16 U.S.C. 1802), as amended by subsection 

5 (a), are redesignated as paragraphs (1) thorough (49), re6 spectively. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) The following provisions of the Act are 

9 amended by striking ‘‘an individual fishing quota’’ 

10 and inserting ‘‘a limited access privilege’’: 

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

12 1854(c)(3)). 

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

14 1854(d)(2)(A)(i)). 

15 (C) Section 402(b)(1)(D) (16 U.S.C. 

16 1881a(b)(1)(D)). 

17 (D) Section 407(a)(1)(D), (c)(1), and 

18 (c)(2)(B) (16 U.S.C. 1883(a)(1)(D), (c)(1), and 

19 (c)(2)(B)). 

20 (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is 

21 amended by striking ‘‘individual fishing quotas,’’ 

22 and inserting ‘‘limited access privileges,’’. 

23 SEC. 4. HIGHLY MIGRATORY SPECIES. 

24 Section 102 (16 U.S.C. 1912) is amended— 


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

2 ‘‘The’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) TRADITIONAL PARTICIPATION.—For fisheries 

5 being managed under an international fisheries agreement 

6 to which the United States is a party, Council or Secre7 tarial action, if any, shall reflect traditional participation 

8 in the fishery, relative to other Nations, by fishermen of 

9 the United States on fishing vessels of the United States. 

10 ‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If a rel11 evant international fisheries organization does not have a 

12 process for developing a formal plan to rebuild a depleted 

13 stock, an overfished stock, or a stock that is approaching 

14 a condition of being overfished, the provisions of this Act 

15 in this regard shall be communicated to and promoted by 

16 the United States in the international or regional fisheries 

17 organization.’’. 

18 SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING. 

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

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

21 (2) by striking ‘‘will not’’ and inserting ‘‘can22 not, or will not,’’; and 

23 (3) by inserting after ‘‘Act.’’ the following: ‘‘Al24 locations of the total allowable level of foreign fish25 ing are discretionary, except that the total allowable 


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1 level shall be zero for fisheries determined by the 

2 secretary to have adequate or excess harvest capac3 ity.’’ 

4 SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND. 

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

6 (1) by inserting ‘‘and any funds or contribu7 tions received in support of conservation and man8 agement objectives under a marine conservation 

9 plan’’ after ‘‘agreement’’ in paragraph (7); 

10 (2) by striking ‘‘authority, after payment of di11 rect costs of the enforcement action to all entities in12 volved in such action,’’ in paragraph (8); and 

13 (3) by inserting after ‘‘paragraph (4).’’ in para14 graph (8) ‘‘In the case of violations by foreign ves15 sels occurring within the exclusive economic zones 

16 off Midway Atoll, Johnston Atoll, Kingman Reef, 

17 Palmyra Atoll, Jarvis, Howland, Baker, and Wake 

18 Islands, amounts received by the Secretary attrib19 utable to fines and penalties imposed under this Act, 

20 shall be deposited into the Western Pacific Sustain21 able Fisheries Fund established under paragraph (7) 

22 of this subsection.’’. 

23 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

25 follows: 


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1 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to the Sec3 retary to carry out the provisions of this Act 

4 $328,004,000.00 for fiscal year 2006, and such sums as 

5 may be necessary for fiscal years 2007 through 2012.’’ 

6 TITLE I—CONSERVATION AND 

7 MANAGEMENT 

8 SEC. 101. CUMULATIVE IMPACTS. 

9 (a) NATIONAL STANDARDS.—Section 301(a)(8) (16 

10 U.S.C. 1851(a)(8)) is amended by inserting ‘‘by utilizing 

11 economic and social data and assessment methods based 

12 on the best economic and social information available,’’ 

13 after ‘‘fishing communities’’. 

14 (b) CONTENTS OF PLANS.—Section 303(a)(9) (16 

15 U.S.C. 1853(a)(9)) is amended by striking ‘‘describe the 

16 likely effects, if any, of the conservation and management 

17 measures on—’’ and inserting ‘‘analyze the likely effects, 

18 if any, including the cumulative economic and social im19 pacts, of the conservation and management measures on, 

20 and possible mitigation measures for—’’. 

21 SEC. 102. CARIBBEAN COUNCIL JURISDICTION. 

22 Section 302(a)(1)(D) (16 U.S.C. 852(a)(1)(D)) is 

23 amended by inserting ‘‘and of commonwealths, territories, 

24 and possessions of the United States in the Caribbean 

25 Sea’’ after ‘‘seaward of such States’’. 


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1 SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS. 

2 (a) TRIBAL ALTERNATE ON PACIFIC COUNCIL.—Sec3 tion 302(b)(5) (16 U.S.C. 1852(b)(5)) is amended by add4 ing at the end thereof the following: 

5 ‘‘(D) The tribal representative appointed under sub6 paragraph (A) may designate as an alternate, during the 

7 period of the representative’s term, an individual knowl8 edgeable concerning tribal rights, tribal law, and the fish9 ery resources of the geographical area concerned.’’. 

10 (b) SCIENTIFIC AND STATISTICAL COMMITTEES.— 

11 Section 302 (16 U.S.C. 1852) is amended— 

12 (1) by striking so much of subsection (g) as 

13 precedes paragraph (2) and inserting the following: 

14 ‘‘(g) COMMITTEES AND ADVISORY PANELS.— 

15 ‘‘(1)(A) Each Council shall establish, maintain, 

16 and appoint the members of, a scientific and statis17 tical committee to assist it in the development, col18 lection, evaluation, and peer review of such statis19 tical, biological, economic, social, and other scientific 

20 information as is relevant to such Council’s develop21 ment and amendment of any fishery management 

22 plan. 

23 ‘‘(B) Each scientific and statistical committee 

24 shall provide its Council ongoing scientific advice for 

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1 mum yield, and reports on stock status and health, 

2 bycatch, habitat status, socio-economic impacts of 

3 management measures, and sustainability of fishing 

4 practices. 

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

6 scientific and statistical committees shall be Federal 

7 employees, State employees, academicians, or inde8 pendent experts with strong scientific or technical 

9 credentials and experience. 

10 ‘‘(D) The Secretary and each Council may es11 tablish a peer review process for that Council, devel12 oped in consultation with the Council coordination 

13 committee for scientific information used to advise 

14 the Council about the conservation and management 

15 of the fishery. The review process, which may in16 clude existing committees or panels, is deemed to 

17 satisfy the requirements of the guidelines issued pur18 suant to section 515 of the Treasury and General 

19 Government Appropriations Act for Fiscal year 2001 

20 (Public Law 106–554—Appendix C; 114 Stat. 

21 2763A–153). 

22 ‘‘(E) In addition to the provisions of section 

23 302(f)(7), the Secretary may pay a stipend to mem24 bers of the scientific and statistical committees or 

25 advisory panels who are not employed by the Federal 


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1 government or a State marine fisheries agency.’’; 

2 and 

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

4 (3) by resetting the left margin of paragraphs 

5 (2) through (5) 2 ems from the left. 

6 (c) COUNCIL FUNCTIONS.—Section 302(h) (16 

7 U.S.C. 1852(h)) is amended— 

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

9 paragraph (5); 

10 (2) by redesignating paragraph (6) as para11 graph (7); and 

12 (3) by inserting after paragraph (5) the fol13 lowing: 

14 ‘‘(6) adopt annual catch limits for each of its 

15 managed fisheries after considering the rec16 ommendations of its scientific and statistical com17 mittee or other appropriate scientific body; and’’. 

18 (d) REGULAR AND EMERGENCY MEETINGS.—The 

19 first sentence of section 302(i)(2)(C) (16 U.S.C. 

20 1852(i)(2)(C)) is amended— 

21 (1) by striking ‘‘published in local newspapers’’ 

22 and inserting ‘‘provided by any means that will re23 sult in wide publicity (except that e-mail notification 

24 and website postings alone are not sufficient)’’; and 


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1 (2) by striking ‘‘fishery) and such notice may 

2 be given by such other means as will result in wide 

3 publicity.’’ and inserting ‘‘fishery).’’. 

4 (e) CLOSED MEETINGS.—Section 302(i)(3)(B) (16 

5 U.S.C. 1852(i)(3)(B)) is amended by striking ‘‘notify local 

6 newspapers’’ and inserting ‘‘provide notice by any means 

7 that will result in wide publicity’’. 

8 (f) TRAINING.—Section 302 (16 U.S.C. 1852) is 

9 amended by adding at the end the following: 

10 ‘‘(k) COUNCIL TRAINING PROGRAM.— 

11 ‘‘(1) TRAINING COURSE.—Within 6 months 

12 after the date of enactment of the Magnuson-Ste13 vens Fishery Conservation and Management Reau14 thorization Act of 2005, the Secretary, in consulta15 tion with the Councils and the National Sea Grant 

16 College Program, shall develop a training course for 

17 newly appointed Council members. The course may 

18 cover a variety of topics relevant to matters before 

19 the Councils, including— 

20 ‘‘(A) fishery science and basic stock assess21 ment methods; 

22 ‘‘(B) fishery management techniques, data 

23 needs, and Council procedures; 

24 ‘‘(C) social science and fishery economics; 


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1 ‘‘(D) tribal treaty rights and native cus2 toms, access, and other rights related to West3 ern Pacific indigenous communities; 

4 ‘‘(E) legal requirements of this Act, includ5 ing conflict of interest and disclosure provisions 

6 of this section and related policies; 

7 ‘‘(F) other relevant legal and regulatory 

8 requirements, including the National Environ9 mental Policy Act (42 U.S.C. 4321 et seq.); 

10 ‘‘(G) public process for development of 

11 fishery management plans; and 

12 ‘‘(H) other topics suggested by the Coun13 cil. 

14 ‘‘(2) MEMBER TRAINING.—The training course 

15 shall be available to both new and existing Council 

16 members, and may be made available to committee 

17 or advisory panel members as resources allow. 

18 ‘‘(l) COUNCIL COORDINATION COMMITTEE.—The 

19 Councils may establish a Council coordination committee 

20 consisting of the chairs, vice chairs, and executive direc21 tors of each of the 8 Councils described in subsection 

22 (a)(1), or other Council members or staff, in order to dis23 cuss issues of relevance to all Councils, including issues 

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


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1 (g) PROCEDURAL MATTERS.—Section 302(i) (16 

2 U.S.C. 1852(i)) is amended— 

3 (1) by striking ‘‘to the Councils or to the sci4 entific and statistical committees or advisory panels 

5 established under subsection (g)’’ in paragraph (1) 

6 and inserting ‘‘to the Councils, the Council coordina7 tion committee established under subsection (l), or 

8 to the scientific and statistical committees or other 

9 committees or advisory panels established under sub10 section (g)’’; 

11 (2) by striking ‘‘of a Council, and of the sci12 entific and statistical committee and advisory panels 

13 established under subsection (g)’’ in paragraph (2) 

14 and inserting ‘‘of a Council, of the Council coordina15 tion committee established under subsection (l), and 

16 of the scientific and statistical committees or other 

17 committees or advisory panels established under sub18 section (g)’’; and 

19 (3) by inserting ‘‘other committee,’’ in para20 graph (3)(A) after ‘‘committee,’’. 

21 (h) CONFLICTS OF INTEREST.—Section 302(j) (16 

22 U.S.C. 1852(j)) is amended— 

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

24 paragraph (2)(B); 


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1 (2) by inserting after paragraph (2)(C) the fol2 lowing: 

3 ‘‘(D) the members of any fishing, processing, or 

4 marketing association if the individual is serving as 

5 an employee or contractor or otherwise receiving 

6 compensation from the association; and 

7 ‘‘(E) any entity or other individual from whom 

8 the individual is receiving or will receive compensa9 tion of any kind;’’ 

10 (3) by striking subparagraph (B) of paragraph 

11 (5) and inserting the following: 

12 ‘‘(B) be kept on file by the Council and made 

13 available on the Internet and for public inspection at 

14 the Council offices during reasonable times; and’’; 

15 and 

16 (4) by adding at the end the following: 

17 ‘‘(9) On January 1, 2008, and annually thereafter, 

18 the Secretary shall submit a report to the Senate Com19 mittee on Commerce, Science, and Transportation and the 

20 House of Representatives Committee on Resources on ac21 tion taken by the Secretary and the Councils to implement 

22 the disclosure of financial interest and recusal require23 ments of this subsection.’’. 


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1 SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS. 

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

3 1853(a)) is amended— 

4 (1) striking ‘‘and charter fishing’’ in paragraph 

5 (5) and inserting ‘‘charter fishing, and fish proc6 essing’’; 

7 (2) by inserting ‘‘economic information nec8 essary to meet the requirements of this Act,’’ in 

9 paragraph (5) after ‘‘number of hauls,’’; 

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

11 paragraph (13); 

12 (4) by striking ‘‘fishery.’’ in paragraph (14) 

13 and inserting ‘‘fishery; and’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(15) specify, in the plan or implementing regu16 lations, annual catch limits, which shall be estab17 lished by the Council or Secretary based on the best 

18 scientific information available at a level that does 

19 not exceed optimum yield, and, for the purposes of 

20 which harvests exceeding the specified annual catch 

21 limit (including the specified annual catch limit for 

22 a sector) shall be deducted from the following year’s 

23 annual catch limit (including that sector).’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a)(5) shall take effect 2 years after the date 

26 of enactment of this Act. 


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1 SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY 

2 PROVISIONS. 

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

4 (1) by striking paragraph (6) and inserting the 

5 following: 

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

7 fishery in order to achieve optimum yield if, in devel8 oping such system, the Council and the Secretary 

9 take into account— 

10 ‘‘(A) the conservation requirements of this 

11 Act with respect to the fishery; 

12 ‘‘(B) present participation in the fishery; 

13 ‘‘(C) historical fishing practices in, and de14 pendence on, the fishery; 

15 ‘‘(D) the economics of the fishery; 

16 ‘‘(E) the capability of fishing vessels used 

17 in the fishery to engage in other fisheries; 

18 ‘‘(F) the cultural and social framework rel19 evant to the fishery and any affected fishing 

20 communities; 

21 ‘‘(G) the fair and equitable distribution of 

22 access privileges to a public resource; and 

23 ‘‘(H) any other relevant considerations;’’; 

24 (2) by striking ‘‘(other than economic data)’’ in 

25 paragraph (7); 


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

2 paragraph (11); and 

3 (4) by redesignating paragraph (12) as para4 graph (13) and inserting after paragraph (11) the 

5 following: 

6 ‘‘(12) establish a process for complying with the 

7 National Environmental Policy Act (42 U.S.C. 4321 

8 et seq.) pursuant to section 304(h) of this Act; 

9 and’’. 

10 SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS. 

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

12 is amended— 

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

14 (2) by inserting after section 303 the following: 

15 ‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 

16 ‘‘(a) IN GENERAL.—After the date of enactment of 

17 the Magnuson-Stevens Fishery Conservation and Manage18 ment Reauthorization Act of 2005, a Council may submit, 

19 and the Secretary may approve, for a fishery that has been 

20 managed under a limited access system for at least 1 year, 

21 a limited access privilege program to harvest fish, if the 

22 program meets the requirements of this section. 

23 ‘‘(b) NO CREATION OF RIGHT, TITLE, OR INTER24 EST.—A limited access system, limited access privilege, 


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1 quota share, or other authorization established, imple2 mented, or managed under this Act— 

3 ‘‘(1) shall be considered a permit for the pur4 poses of sections 307, 308, and 309; 

5 ‘‘(2) may be revoked, limited, or modified at 

6 any time in accordance with this Act, including rev7 ocation for failure to comply with the terms of the 

8 plan or if the system is found to have jeopardized 

9 the sustainability of the stock or the safety of fisher10 men; 

11 ‘‘(3) shall not confer any right of compensation 

12 to the holder of such limited access privilege, quota 

13 share, or other such limited access system authoriza14 tion if it is revoked, limited, or modified; 

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

16 any right, title, or interest in or to any fish before 

17 the fish is harvested or purchased by the holder; and 

18 ‘‘(5) shall be considered a grant of permission 

19 to the holder of the limited access privilege or quota 

20 share to engage in activities permitted by such lim21 ited access privilege or quota share. 

22 ‘‘(c) LIMITED ACCESS PRIVILEGES TO HARVEST

23 FISH.— 

24 ‘‘(1) IN GENERAL.—In addition to complying 

25 with the other requirements of this Act, any limited 


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1 access privilege program to harvest fish submitted 

2 by a Council or approved by the Secretary under 

3 this section— 

4 ‘‘(A) shall— 

5 ‘‘(i) if established in a fishery that is 

6 overfished or subject to a rebuilding plan, 

7 assist in its rebuilding; and 

8 ‘‘(ii) if established in a fishery that is 

9 determined by the Secretary or the Council 

10 to have excess capacity, contribute to re11 ducing capacity; 

12 ‘‘(B) shall promote— 

13 ‘‘(i) the safety of human life at sea; 

14 and 

15 ‘‘(ii) the conservation and manage16 ment of the fishery; 

17 ‘‘(C) shall prohibit any person other than 

18 a United States citizen, a corporation, partner19 ship, or other entity established under the laws 

20 of the United States or any State, a permanent 

21 resident alien, a fishing community, or a re22 gional fishery association from acquiring a 

23 privilege to harvest fish; and 

24 ‘‘(D) shall require that all fish harvested 

25 under a limited access privilege program be 


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1 processed by vessels of the United States in 

2 United States waters or on United States soil 

3 (including any territory of the United States). 

4 ‘‘(2) FISHING COMMUNITIES.— 

5 ‘‘(A) IN GENERAL.—To be eligible to par6 ticipate in a limited access privilege program to 

7 harvest fish, a fishing community shall— 

8 ‘‘(i) be located within the management 

9 area of the relevant Council; 

10 ‘‘(ii) meet criteria developed by the 

11 relevant Council, approved by the Sec12 retary, and published in the Federal Reg13 ister; 

14 ‘‘(iii) consist of residents who conduct 

15 commercial or recreational fishing, proc16 essing, or fishery-dependent support busi17 nesses within the Council’s management 

18 area; and 

19 ‘‘(iv) develop and submit a community 

20 sustainability plan to the Council and the 

21 Secretary for approval based on criteria 

22 developed by the Council that have been 

23 approved by the Secretary and published in 

24 the Federal Register. 


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1 ‘‘(B) PARTICIPATION CRITERIA.—In devel2 oping participation criteria for eligible commu3 nities and regional fishery associations under 

4 this paragraph, a Council shall base the criteria 

5 on traditional fishing or processing practices in, 

6 and dependence on, the fishery, the cultural 

7 and social framework relevant to the fishery, 

8 economic barriers to access to fishery, and the 

9 existence and severity of projected economic 

10 and social impacts associated with implementa11 tion of limited access privilege programs on 

12 harvesters, captains, crew, processors, and 

13 other businesses substantially dependent upon 

14 the fishery in the region or subregion. 

15 ‘‘(3) ALLOCATION.—In developing a limited ac16 cess privilege program to harvest fish a Council or 

17 the Secretary shall— 

18 ‘‘(A) establish procedures to ensure fair 

19 and equitable initial allocations, including con20 sideration of— 

21 ‘‘(i) current and historical harvests; 

22 ‘‘(ii) employment in the harvesting 

23 and processing sectors; 

24 ‘‘(iii) investments in, and dependence 

25 upon, the fishery; and 


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1 ‘‘(iv) the current and historical par2 ticipation of fishing communities; 

3 ‘‘(B) to the extent practicable, consider the 

4 basic cultural and social framework of the fish5 ery, especially through the development of poli6 cies to promote the sustained participation of 

7 small owner-operated fishing vessels and fishing 

8 communities that depend on the fisheries, in9 cluding regional or port-specific landing or de10 livery requirements; 

11 ‘‘(C) include measures to assist, when nec12 essary and appropriate, entry-level and small 

13 vessel operators, captains, crew, and fishing 

14 communities through set-asides of harvesting 

15 allocations, including providing privileges and, 

16 where appropriate, recommending the provision 

17 of economic assistance in the purchase of lim18 ited access privileges to harvest fish; 

19 ‘‘(D) ensure that limited access privilege 

20 holders do not acquire an excessive share of the 

21 total limited access privileges in the program 

22 by— 

23 ‘‘(i) establishing a maximum share, 

24 expressed as a percentage of the total limVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ited access privileges, that a limited access 

2 privilege holder is permitted to own; and 

3 ‘‘(ii) establishing any other limitations 

4 or measures necessary to prevent an in5 equitable concentration of limited access 

6 privileges; 

7 ‘‘(E) establish procedures to minimize geo8 graphic or other consolidation in both the har9 vesting and processing sectors of the fishery; 

10 and 

11 ‘‘(F) authorize limited access privileges to 

12 harvest fish to be held by or issued under the 

13 system to persons who substantially participate 

14 in the fishery, as specified by the Council, in15 cluding, as appropriate, fishing vessel owners, 

16 vessel captains, vessel crew members, fishing 

17 communities, and regional fishery associations. 

18 ‘‘(4) PROGRAM INITIATION.— 

19 ‘‘(A) CERTIFICATION REQUIREMENT.—Ex20 cept as provided in subparagraph (D), a Coun21 cil may initiate a fishery management plan or 

22 amendment to establish a limited access privi23 lege program to harvest fish on its own initia24 tive if the Secretary has certified an appro25 priate petition. 


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1 ‘‘(B) INITIATION REQUEST.—A group of 

2 fishermen constituting more than 50 percent of 

3 the permit holders, or holding more than 50 

4 percent of the allocation, in the fishery for 

5 which a limited access privilege program to har6 vest fish is sought, may submit a petition to the 

7 Secretary requesting that the relevant Council 

8 or Councils with authority over the fishery be 

9 authorized to initiate the development of the 

10 program. Any such petition shall clearly state 

11 the fishery to which the limited access privilege 

12 program would apply. 

13 ‘‘(C) CERTIFICATION BY SECRETARY.— 

14 Upon the receipt of any such petition, the Sec15 retary shall review all of the signatures on the 

16 petition and, if the Secretary determines that 

17 the signatures on the petition represent more 

18 than 50 percent of the permit holders, or hold19 ers of more than 50 percent of the allocation, 

20 in the fishery, the Secretary shall certify the pe21 tition to the appropriate Council or Councils. 

22 ‘‘(D) NEW ENGLAND AND GULF REF23 ERENDUM.— 

24 ‘‘(i) Except as provided in clause (iii) 

25 for the Gulf of Mexico commercial red 


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1 snapper fishery, the New England and 

2 Gulf Councils may not submit, and the 

3 Secretary may not approve or implement, a 

4 fishery management plan or amendment 

5 that creates a fishing quota system, includ6 ing a Secretarial plan, unless such a sys7 tem, as ultimately developed, has been approved by more than 2 8 ⁄3 of those voting in 

9 a referendum among eligible permit hold10 ers. If a fishing quota system fails to be 

11 approved by the requisite number of those 

12 voting, it may be revised and submitted for 

13 approval in a subsequent referendum. 

14 ‘‘(ii) The Secretary shall conduct a 

15 referendum under this subparagraph, in16 cluding notifying all persons eligible to 

17 participate in the referendum and making 

18 available to them information concerning 

19 the schedule, procedures, and eligibility re20 quirements for the referendum process and 

21 the proposed fishing quota system. Within 

22 1 year after the date of enactment of the 

23 Magnuson-Stevens Fishery Conservation 

24 and Management Reauthorization Act of 

25 2005, the Secretary shall publish guideVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 lines and procedures to determine proce2 dures and voting eligibility requirements 

3 for referenda and to conduct such 

4 referenda in a fair and equitable manner. 

5 ‘‘(iii) The provisions of section 407(c) 

6 of this Act shall apply in lieu of this sub7 paragraph for any fishing quota system for 

8 the Gulf of Mexico commercial red snapper 

9 fishery. 

10 ‘‘(iv) Chapter 35 of title 44, United 

11 States Code, (commonly known as the ‘Pa12 perwork Reduction Act’) does not apply to 

13 the referenda conducted under this sub14 paragraph.’’. 

15 ‘‘(5) PROGRAM REQUIREMENTS.—Any such lim16 ited access privilege program to harvest fish shall— 

17 ‘‘(A) specify the goals of the program; 

18 ‘‘(B) include provisions for the regular 

19 monitoring and review by the Council and the 

20 Secretary of the operations of the program, in21 cluding determined progress in meeting the 

22 goals of the program and this Act, and any nec23 essary modification of the program, with a for24 mal and detailed review 5 years after the estabVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 lishment of the program and every 5 years 

2 thereafter; 

3 ‘‘(C) include an effective system for en4 forcement, monitoring, and management of the 

5 program, including the use of observers; 

6 ‘‘(D) include an appeals process for admin7 istrative review of determinations with respect 

8 to the Secretary’s decisions regarding adminis9 tration of the limited access privilege program; 

10 ‘‘(E) provide for the establishment by the 

11 Secretary, in consultation with the Department 

12 of Justice and the Federal Trade Commission, 

13 for a mandatory information collection and re14 view process to provide any and all information 

15 necessary for the Department of Justice and 

16 the Federal Trade Commission to determine 

17 whether any illegal acts of anti-competition, 

18 anti-trust, price collusion, or price fixing have 

19 occurred among regional fishery associations 

20 persons receiving limited access privileges to 

21 harvest fish under the program; and 

22 ‘‘(F) provide for the revocation by the Sec23 retary of limited access privileges held by any 

24 person found to have violated the antitrust laws 

25 of the United States. 


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1 ‘‘(6) TRANSFERABILITY.—In establishing a lim2 ited access privilege program, a Council shall— 

3 ‘‘(A) establish a policy on the transfer4 ability of limited access privilege shares 

5 (through sale or lease), including a policy on 

6 any conditions that apply to the transferability 

7 of limited access privilege shares that is con8 sistent with the policies adopted by the Council 

9 for the fishery under paragraph (3); and 

10 ‘‘(B) establish criteria for the approval and 

11 monitoring of transfers (including sales and 

12 leases) of limited access privilege shares. 

13 ‘‘(7) PREPARATION AND IMPLEMENTATION OF

14 SECRETARIAL PLANS.—This subsection also applies 

15 to a plan prepared and implemented by the Sec16 retary under section 304(g). For the purpose of ap17 plying this subsection to such a plan— 

18 ‘‘(A) the term ‘Secretary’ shall be sub19 stituted for the term ‘Council’; and 

20 ‘‘(B) paragraphs (2)(A), (4)(A), and 

21 (4)(C) shall not apply. 

22 ‘‘(8) NO WAIVER.—Nothing in this Act shall 

23 constitute a waiver, either express or implied, of the 

24 antitrust laws of the United States. 


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1 ‘‘(d) AUCTION AND OTHER PROGRAMS.—In estab2 lishing a limited access privilege program, a Council may 

3 consider, and provide for, if appropriate, an auction sys4 tem or other program to collect royalties for the initial 

5 distribution of allocations in a limited access privilege pro6 gram if— 

7 ‘‘(1) the system or program is administered in 

8 such a way that the resulting distribution of limited 

9 access privilege shares meets the program require10 ments of subsection (c)(3)(A); and 

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

12 program are deposited in the Limited Access System 

13 Administration Fund established by section 

14 305(h)(5)(B) and available subject to annual appro15 priations. 

16 ‘‘(e) COST RECOVERY.—In establishing a limited ac17 cess privilege program, a Council shall— 

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

19 identify and assess the management, science, data 

20 collection, observer coverage, and enforcement pro21 grams that are directly related to and in support of 

22 the program; and 

23 ‘‘(2) provide, under section 304(d)(2), for a 

24 program of fees paid by limited access privilege hold25 ers that will cover the costs of management, science, 


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1 data collection and analysis, observer coverage, and 

2 enforcement activities. 

3 ‘‘(f) LIMITED ACCESS PRIVILEGE ASSISTED PUR4 CHASE PROGRAM.— 

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

6 the Secretary may approve and implement, a pro7 gram which reserves up to 25 percent of any fees 

8 collected from a fishery under section 304(d)(2) to 

9 be used, pursuant to section 1104A(a)(7) of the 

10 Merchant Marine Act, 1936 (46 U.S.C. App. 

11 1274(a)(7)), to issue obligations that aid in financ12 ing— 

13 ‘‘(A) the purchase of limited access privi14 leges in that fishery by fishermen who fish from 

15 small vessels; and 

16 ‘‘(B) the first-time purchase of limited ac17 cess privileges in that fishery by entry level 

18 fishermen. 

19 ‘‘(2) ELIGIBILITY CRITERIA.—A Council mak20 ing a submission under paragraph (1) shall rec21 ommend criteria, consistent with the provisions of 

22 this Act, that a fisherman must meet to qualify for 

23 guarantees under subparagraphs (A) and (B) of 

24 paragraph (1) and the portion of funds to be allo25 cated for guarantees under each subparagraph. 


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1 ‘‘(g) EFFECT ON CERTAIN EXISTING SHARES AND

2 PROGRAMS.—Nothing in this Act, or the amendments by 

3 this Act, shall be construed to require a reallocation of 

4 individual quota shares or processor quota shares or other 

5 quota programs, including sector allocation, submitted by 

6 a Council or approved by the Secretary or Congressional 

7 action before the date of enactment of the Magnuson-Ste8 vens Fishery Conservation and Management Reauthoriza9 tion Act of 2005.’’. 

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

11 1854(d)(2)(A)) is amended by striking ‘‘management and 

12 enforcement’’ and inserting ‘‘management, data collection, 

13 and enforcement’’. 

14 (c) CONFORMING AMENDMENT.—Section 

15 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended 

16 by striking ‘‘section 305(h)(5)(B)’’ and all that follows 

17 and inserting ‘‘section 305(h)(5)(B).’’. 

18 SEC. 107. ENVIRONMENTAL REVIEW PROCESS. 

19 Section 304 (16 U.S.C. 1854) is amended by adding 

20 at the end the following: 

21 ‘‘(h) ENVIRONMENTAL REVIEW PROCESS.— 

22 ‘‘(1) PROCEDURES.—The Secretary shall, in 

23 consultation with the Councils and the Council on 

24 Environmental Quality, revise and update agency 

25 procedures for compliance with the National EnviVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ronmental Policy Act (42 U.S.C. 4231 et seq.). The 

2 procedures shall— 

3 ‘‘(A) conform to the time lines for review 

4 and approval of fishery management plans and 

5 plan amendments under this section; and 

6 ‘‘(B) integrate applicable environmental 

7 analysis process, including the time frames for 

8 public input, with the process for the prepara9 tion and dissemination of fishery management 

10 plans, plan amendments, and other actions 

11 taken or approved pursuant to this Act in order 

12 to provide for timely, clear and concise analysis 

13 that is useful to decision makers and the public, 

14 reduce extraneous paperwork, and effectively in15 volve the public. 

16 ‘‘(2) USAGE.—The updated agency procedures 

17 promulgated in accordance with this section used by 

18 the Councils or the Secretary sill be the sole environ19 mental impact assessment process for fishery man20 agement plans, amendments, regulations, or other 

21 actions taken or approved pursuant to this Act. 

22 ‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL

23 PROCEDURES.—The Secretary shall— 

24 ‘‘(A) propose revised procedures within 12 

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1 nuson-Stevens Fishery Conservation and Man2 agement Reauthorization Act of 2005; 

3 ‘‘(B) provide 90 days for public review and 

4 comments; and 

5 ‘‘(C) promulgate final procedures no later 

6 than 18 months after the date of enactment of 

7 that Act. 

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

9 authorized and directed, in cooperation with the 

10 Council on Environmental Quality and the Councils, 

11 to involve the affected public in the development of 

12 revised procedures, including workshops or other ap13 propriate means of public involvement.’’. 

14 SEC. 108. EMERGENCY REGULATIONS. 

15 (a) LENGTHENING OF SECOND EMERGENCY PE16 RIOD.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 

17 is amended by striking ‘‘180 days,’’ and inserting ‘‘186 

18 days,’’. 

19 (b) TECHNICAL AMENDMENT.—Section 305(c)(3)(D) 

20 (16 U.S.C. 1855(c)(3)(D)) is amended by inserting ‘‘or 

21 interim measures’’ after ‘‘emergency regulations’’. 

22 SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT. 

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

24 at the end thereof the following: 


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1 ‘‘(j) WESTERN PACIFIC REGIONAL MARINE EDU2 CATION AND TRAINING.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish a pilot program for regionally-based marine edu5 cation and training programs in the Western Pacific 

6 to foster understanding, practical use of knowledge 

7 (including native Hawaiian and other Pacific Is8 lander-based knowledge), and technical expertise rel9 evant to stewardship of living marine resources. The 

10 Secretary shall, in cooperation with the Western Pa11 cific Regional Fishery Management Council, regional 

12 educational institutions, and local Western Pacific 

13 community training entities, establish programs or 

14 projects that will improve communication, education, 

15 and training on marine resource issues throughout 

16 the region and increase scientific education for ma17 rine-related professions among coastal community 

18 residents, including indigenous Pacific islanders, Na19 tive Hawaiians and other underrepresented groups 

20 in the region. 

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

22 shall— 

23 ‘‘(A) include marine science and technology 

24 education and training programs focused on 

25 preparing community residents for employment 


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1 in marine related professions, including marine 

2 resource conservation and management, marine 

3 science, marine technology, and maritime oper4 ations; 

5 ‘‘(B) include fisheries and seafood-related 

6 training programs, including programs for fish7 ery observers, seafood safety and seafood mar8 keting, focused on increasing the involvement of 

9 coastal community residents in fishing, fishery 

10 management, and seafood-related operations; 

11 ‘‘(C) include outreach programs and mate12 rials to educate and inform consumers about 

13 the quality and sustainability of wild fish or 

14 fish products farmed through responsible aqua15 culture, particularly in Hawaii and the Western 

16 Pacific; 

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

18 fishing industry, methods and technologies that 

19 will improve the data collection, quality, and re20 porting and increase the sustainability of fish21 ing practices, and to transfer such methods and 

22 technologies among fisheries sectors and to 

23 other nations in the Western and Central Pa24 cific; 


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

2 traditional knowledge (including Pacific islander 

3 and Native Hawaiian knowledge) can enhance 

4 science-based management of fishery resources 

5 of the region; and 

6 ‘‘(F) develop partnerships with other West7 ern Pacific Island agencies, academic institu8 tions, and other entities to meet the purposes of 

9 this section.’’. 

10 SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT 

11 QUOTA PROGRAM. 

12 Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amend13 ed— 

14 (1) by striking ‘‘To’’ in subparagraph (B) and 

15 inserting ‘‘Except as provided in subparagraph (E), 

16 to’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(E) A community shall be eligible to par19 ticipate in the western Alaska community devel20 opment quota program under subparagraph (A) 

21 if the community was— 

22 ‘‘(i) listed in table 7 to part 679 of 

23 title 50, Code of Federal Regulations, as in 

24 effect on January 1, 2004; or 


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1 ‘‘(ii) approved by the National Marine 

2 Fisheries Service on April 19, 1999.’’. 

3 SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH 

4 FISHING. 

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

6 at the end thereof the following: 

7 ‘‘(k) MULTISPECIES GROUNDFISH.—Within 60 days 

8 after the date of enactment of the Magnuson-Stevens 

9 Fishery Conservation and Management Reauthorization 

10 Act of 2005, the Secretary of Commerce shall determine 

11 whether fishing in State waters without a New England 

12 multispecies groundfish fishery permit on regulated spe13 cies within the multispecies complex is not consistent with 

14 the applicable Federal fishery management plan. If the 

15 Secretary makes a determination that such actions are not 

16 consistent with the plan, the Secretary shall, in consulta17 tion with the Council, and after notifying the affected 

18 State, develop and implement measures to cure the incon19 sistency.’’. 

20 SEC. 112. JOINT ENFORCEMENT AGREEMENTS. 

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

22 amended— 

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

24 subsection (b)(1)(A)(iv); 


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

2 subsection (b)(1)(A)(v); 

3 (3) by inserting after clause (v) of subsection 

4 (b)(1)(A) the following: 

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

6 enforcement purposes any data or informa7 tion required to be provided under this 

8 title or regulations under this title, includ9 ing data from Global Maritime Distress 

10 and Safety Systems, vessel monitoring sys11 tems, or any similar system, subject to the 

12 confidentiality provisions of section 402;’’; 

13 (4) by redesignating subsection (h) as sub14 section (j); and 

15 (5) by inserting after subsection (g) the fol16 lowing: 

17 ‘‘(h) JOINT ENFORCEMENT AGREEMENTS.— 

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

19 State may apply to the Secretary for execution of a 

20 joint enforcement agreement with the Secretary that 

21 will authorize the deputization and funding of State 

22 law enforcement officers with marine law enforce23 ment responsibilities to perform duties of the Sec24 retary relating to law enforcement provisions under 

25 this title or any other marine resource law enforced 


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1 by the Secretary. Upon receiving an application 

2 meeting the requirements of this subsection, the Sec3 retary may enter into a joint enforcement agreement 

4 with the requesting State. 

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

6 participate in the cooperative enforcement agree7 ments under this section if it is in, or bordering on, 

8 the Atlantic Ocean (including the Caribbean Sea), 

9 the Pacific Ocean, the Arctic Ocean, the Gulf of 

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

11 Great Lakes. 

12 ‘‘(3) REQUIREMENTS.—Joint enforcement 

13 agreements executed under paragraph (1)— 

14 ‘‘(A) shall be consistent with the purposes 

15 and intent of this section to the extent applica16 ble to the regulated activities; 

17 ‘‘(B) may include specifications for joint 

18 management responsibilities as provided by the 

19 first section of Public Law 91–412 (15 U.S.C. 

20 1525); and 

21 ‘‘(C) shall provide for confidentiality of 

22 data and information submitted to the State 

23 under section 402. 

24 ‘‘(4) ALLOCATION OF FUNDS.—The Secretary 

25 shall include in each joint enforcement agreement an 


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1 allocation of funds to assist in management of the 

2 agreement. The allocation shall be fairly distributed 

3 among all eligible States participating in cooperative 

4 enforcement agreements under this subsection, based 

5 upon consideration of Federal marine enforcement 

6 needs, the specific marine conservation enforcement 

7 needs of each participating eligible State, and the 

8 capacity of the State to undertake the marine en9 forcement mission and assist with enforcement 

10 needs. The agreement may provide for amounts to 

11 be withheld by the Secretary for the cost of any 

12 technical or other assistance provided to the State 

13 by the Secretary under the agreement. 

14 ‘‘(i) IMPROVED DATA SHARING.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of this Act, as soon as practicable but no 

17 later than 21 months after the date of enactment of 

18 the Magnuson-Stevens Fishery Conservation and 

19 Management Reauthorization Act of 2005, the Sec20 retary shall implement data-sharing measures to 

21 make any data required to be provided by this Act 

22 from Global Maritime Distress and Safety Systems 

23 or similar systems— 


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1 ‘‘(A) directly accessible by State enforce2 ment officers authorized under subsection (a) of 

3 this section; and 

4 ‘‘(B) available to a State management 

5 agency involved in, or affected by, management 

6 of a fishery if the State has entered into an 

7 agreement with the Secretary under section 

8 402(b)(1)(B) of this Act. 

9 ‘‘(2) AGREEMENT REQUIRED.—The Secretary 

10 shall promptly enter into an agreement with a State 

11 under section 402(b)(1)(B) of this Act if— 

12 ‘‘(A) the Attorney General or highest rank13 ing legal officer of the State provides a written 

14 opinion or certification that State law allows 

15 the State to maintain the confidentiality of in16 formation required by Federal law to be kept 

17 confidential; or 

18 ‘‘(B) the Secretary is provided other rea19 sonable assurance that the State can and will 

20 protect the identity or business of any person to 

21 which such information relates.’’. 

22 (b) REPORT ON USING GMDSS FOR FISHERY PUR23 POSES.—Within 15 months after the date of enactment 

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

25 United States Coast Guard shall transmit a joint report 


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1 to the Senate Committee on Commerce, Science, and 

2 Transportation and the House of Representatives Com3 mittee on Resources containing— 

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

5 value, and cost of using the Global Maritime Dis6 tress and Safety Systems or similar systems for fish7 ery management, conservation, enforcement, and 

8 safety purposes with the Federal government bear9 ing the capital costs of any such system; 

10 (2) an examination of the cumulative impact of 

11 existing requirements for commercial vessels; 

12 (3) an examination of whether the Global Mari13 time Distress and Safety Systems or similar require14 ments would overlap existing requirements or render 

15 them redundant; 

16 (4) an examination of how data integration 

17 from such systems could be addressed; 

18 (5) an examination of how to maximize the 

19 data-sharing opportunities between relevant State 

20 and Federal agencies and provide specific informa21 tion on how to develop these opportunities, including 

22 the provision of direct access to the Global Maritime 

23 Distress and Safety Systems or similar system data 

24 to State enforcement officers, while considering the 

25 need to maintain or provide an appropriate level of 


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1 individual vessel confidentiality where practicable; 

2 and 

3 (6) an assessment of how the Global Maritime 

4 Distress and Safety Systems or similar systems 

5 could be developed, purchased, and distributed to 

6 regulated vessels. 

7 SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES. 

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

9 is amended— 

10 (1) by striking ‘‘measures;’’ in subsection 

11 (a)(1)(B) and inserting ‘‘measures, including regu12 latory or judicial harvest restrictions imposed to pro13 tect human health or the marine environment;’’; 

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

15 in subsection (a)(4) and inserting ‘‘2006 through 

16 2012.’’; 

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

18 fisheries under State authority, may conduct a fish19 ing’’ in subsection (b)(1) and inserting ‘‘the Gov20 ernor of a State for fisheries under State authority, 

21 or a majority of permit holders in the fishery, may 

22 conduct a voluntary fishing’’; 

23 (4) by inserting ‘‘practicable’’ after ‘‘entrants,’’ 

24 in subsection (b)(1)(B)((i); 


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1 (5) by striking ‘‘cost-effective and’’ in sub2 section (b)(1)C) and inserting ‘‘cost-effective and, in 

3 the instance of a program involving an industry fee 

4 system, prospectively, and’’; 

5 (6) by striking subparagraph (A) of subsection 

6 (b)(2) and inserting the following: 

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

8 authorizing the participation of the vessel in the 

9 fishery is surrendered for permanent revocation and 

10 the vessel owner and permit holder relinquish any 

11 claim associated with the vessel or permit that could 

12 qualify such owner or holder for any present or fu13 ture limited access system permit in the fishery for 

14 which the program is established and such vessel is 

15 (i) scrapped, or (ii) through the Secretary of the de16 partment in which the Coast Guard is operating, 

17 subjected to title restrictions (including loss of the 

18 vessel’s fisheries endorsement) that permanently 

19 prohibit and effectively prevent its use in fishing in 

20 federal or state waters, or fishing on the high seas 

21 or in the waters of a foreign nation ; or’’; 

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

23 appropriate, with Councils,’’ in subsection (b)(4) and 

24 inserting ‘‘The harvester proponents of each proVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 gram and the Secretary shall consult, as appropriate 

2 and practicable, with Councils,’’; 

3 (8) by striking ‘‘Secretary, at the request of the 

4 appropriate Council,’’ in subsection (d)(1)(A) and 

5 inserting ‘‘Secretary’’; 

6 (9) by striking ‘‘Secretary, in consultation with 

7 the Council,’’ in subsection (d)(1)(A) and inserting 

8 ‘‘Secretary’’; 

9 (10) by striking ‘‘a two-thirds majority of the 

10 participants voting.’’ in subsection (d)(1)(B) and in11 serting ‘‘at least a majority of the permit holders in 

12 the fishery, or 50 percent of the permitted allocation 

13 of the fishery.’’; 

14 (11) by striking ‘‘establish;’’ in subsection 

15 (d)(2)((C) and inserting ‘‘establish, unless the Sec16 retary determines that such fees should be collected 

17 from the seller;’’ and 

18 (12) striking subsection (e) and inserting the 

19 following: 

20 ‘‘(e) IMPLEMENTATION PLAN.— 

21 ‘‘(1) FRAMEWORK REGULATIONS.—The Sec22 retary shall propose and adopt framework regula23 tions applicable to the implementation of all pro24 grams under this section. 


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1 ‘‘(2) PROGRAM REGULATIONS.—The Secretary 

2 shall implement each program under this section by 

3 promulgating regulations that, together with the 

4 framework regulations, establish each program and 

5 control its implementation. 

6 ‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTA7 TION PLAN.—The Secretary may not propose imple8 mentation regulations for a program to be paid for 

9 by an industry fee system until the harvester pro10 ponents of the program provide to the Secretary a 

11 proposed implementation plan that, among other 

12 matters— 

13 ‘‘(A) proposes the types and numbers of 

14 vessels or permits that are eligible to participate 

15 in the program and the manner in which the 

16 program shall proceed, taking into account— 

17 ‘‘(i) the requirements of this section; 

18 ‘‘(ii) the requirements of the frame19 work regulations; 

20 ‘‘(iii) the characteristics of the fishery; 

21 ‘‘(iv) the requirements of the applica22 ble fishery management plan and any 

23 amendment that such plan may require to 

24 support the proposed program; 


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

2 harvesters in the fishery; 

3 ‘‘(vi) the need to minimize program 

4 costs; and 

5 ‘‘(vii) other matters, including the 

6 manner in which such proponents propose 

7 to fund the program to ensure its cost ef8 fectiveness, as well as any relevant factors 

9 demonstrating the potential for, or nec10 essary to obtain, the support and general 

11 cooperation of a substantial number of af12 fected harvesters in the fishery (or portion 

13 of the fishery) for which the program is in14 tended; and 

15 ‘‘(B) proposes procedures for program par16 ticipation (such as submission of owner bids 

17 under an auction system or fair market-value 

18 assessment), including any terms and condi19 tions for participation, that the harvester pro20 ponents deem to be reasonably necessary to 

21 meet the program’s proposed objectives. 

22 ‘‘(4) PARTICIPATION CONTRACTS.—The Sec23 retary shall contract with each person participating 

24 in a program, and each such contract shall, in addi25 tion to including such other matters as the Secretary 


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1 deems necessary and appropriate to effectively im2 plement each program (including penalties for con3 tract non-performance) be consistent with the frame4 work and implementing regulations and all other ap5 plicable law. 

6 ‘‘(5) REDUCTION AUCTIONS.—Each program 

7 not involving fair market assessment shall involve a 

8 reduction auction that scores the reduction price of 

9 each bid offer by the data relevant to each bidder 

10 under an appropriate fisheries productivity factor. If 

11 the Secretary accepts bids, the Secretary shall ac12 cept responsive bids in the rank order of their bid 

13 scores, starting with the bid whose reduction price is 

14 the lowest percentage of the productivity factor, and 

15 successively accepting each additional responsive bid 

16 in rank order until either there are no more respon17 sive bids or acceptance of the next bid would cause 

18 the total value of bids accepted to exceed the amount 

19 of funds available for the program. 

20 ‘‘(6) BID INVITATIONS.—Each program shall 

21 proceed by the Secretary issuing invitations to bid 

22 setting out the terms and conditions for participa23 tion consistent with the framework and imple24 menting regulations. Each bid that the Secretary reVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ceives in response to the invitation to bid shall con2 stitute an irrevocable offer from the bidder.’’. 

3 (b) TECHNICAL AMENDMENT.—Sections 116, 203, 

4 204, 205, and 206 of the Sustainable Fisheries Act are 

5 deemed to have added sections 312, 402, 403, 404, and 

6 405, respectively to the Act as of the date of enactment 

7 of the Sustainable Fisheries Act. 

8 SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, 

9 TRANSITION, AND RECOVERY PROGRAM. 

10 Title III (16 U.S.C. 1851 et seq.) is amended by add11 ing at the end the following: 

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

13 TRANSITION, AND RECOVERY PROGRAM. 

14 ‘‘(a) IN GENERAL.—When there is a catastrophic re15 gional fishery disaster the Secretary may, upon the re16 quest of, and in consultation with, the Governors of af17 fected States, establish a regional economic transition pro18 gram to provide immediate disaster relief assistance to the 

19 fishermen, charter fishing operators, United States fish 

20 processors, and owners of related fishery infrastructure af21 fected by the disaster. 

22 ‘‘(b) PROGRAM COMPONENTS.— 

23 ‘‘(1) IN GENERAL.—The program shall provide 

24 funds or other economic assistance to affected enti25 ties for— 


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1 ‘‘(A) meeting immediate regional shoreside 

2 fishery infrastructure needs, including proc3 essing facilities, cold storage facilities, ice 

4 houses, docks, including temporary docks and 

5 storage facilities, and other related shoreside 

6 fishery support facilities and infrastructure; 

7 ‘‘(B) financial assistance and job training 

8 assistance for fishermen who wish to remain in 

9 a fishery in the region that may be temporarily 

10 closed as a result of environmental or other ef11 fects associated with the disaster; 

12 ‘‘(C) funding, pursuant to the require13 ments of section 312(b), to fishermen who are 

14 willing to scrap a fishing vessel and perma15 nently surrender permits for fisheries named on 

16 that vessel; and 

17 ‘‘(D) any other activities authorized under 

18 section 312(a) of this Act or section 308(d) of 

19 the Interjurisdictional Fisheries Act of 1986 

20 (16 U.S.C. 4107(d)). 

21 ‘‘(2) JOB TRAINING.—Any fisherman who de22 cides to scrap a fishing vessel under the program 

23 shall be eligible for job training assistance. 

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

25 participation by a State in the program shall be conVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ditioned upon a commitment by the appropriate 

2 State entity to ensure that the relevant State fishery 

3 meets the requirements of section 312(b) of this Act 

4 to ensure excess capacity does not re-enter the fish5 ery. 

6 ‘‘(4) NO MATCHING.—Amounts provided under 

7 the program may not be conditioned upon matching 

8 State or local government funds or contributions. 

9 ‘‘(5) NET REVENUE LIMIT INAPPLICABLE.— 

10 Section 308(d)(3) of the Interjurisdictional Fisheries 

11 Act (16 U.S.C. 4107(d)(3)) shall not apply to assist12 ance under this section.’’. 

13 ‘‘(c) REGIONAL IMPACT EVALUATION.—Within 2 

14 months after a catastrophic regional fishery disaster the 

15 Secretary shall provide the Governor of each State partici16 pating in the program a comprehensive economic and 

17 socio-economic evaluation of the affected region’s fisheries 

18 to assist the Governor in assessing the current and future 

19 economic viability of affected fisheries, including the eco20 nomic impact of foreign fish imports and the direct, indi21 rect, or environmental impact of the disaster on the fish22 ery and coastal communities. 

23 ‘‘(d) CATASTROPHIC REGIONAL FISHERY DISASTER

24 DEFINED.—In this section the term ‘catastrophic regional 

25 fishery disaster’ means a natural disaster, including a hurVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ricane or tsunami, or a judicial or regulatory closure to 

2 protect human health or the marine environment, that— 

3 ‘‘(1) results in economic losses to coastal or 

4 fishing communities; 

5 ‘‘(2) affects more than 1 State or a major fish6 ery managed by a Council or interstate fishery com7 mission; and 

8 ‘‘(3) is determined by the Secretary to be a 

9 commercial fishery failure under section 312(a) of 

10 this Act or a fishery resource disaster or section 

11 308(d) of the Interjurisdictional Fisheries Act of 

12 1986 (16 U.S.C. 4107(d)).’’. 

13 SEC. 115. BYCATCH REDUCTION ENGINEERING PROGRAM. 

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

15 section 114 of this Act, is further amended by adding at 

16 the end the following: 

17 ‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM. 

18 ‘‘(a) BYCATCH REDUCTION ENGINEERING PRO19 GRAM.—Not later than 1 year after the date of enactment 

20 of the Magnuson-Stevens Fishery Conservation and Man21 agement Reauthorization Act of 2005, the Secretary, in 

22 cooperation with the Councils and other affected interests, 

23 and based upon the best scientific information available, 

24 shall establish a bycatch reduction program to develop 

25 technological devices and other conservation engineering 


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1 changes designed to minimize bycatch, bycatch mortality, 

2 and post-release mortality in Federally managed fisheries. 

3 The program shall— 

4 ‘‘(1) be regionally based; 

5 ‘‘(2) be coordinated with projects conducted 

6 under the cooperative research and management 

7 program established under this Act; 

8 ‘‘(3) provide information and outreach to fish9 ery participants that will encourage adoption and 

10 use of technologies developed under the program; 

11 and 

12 ‘‘(4) provide for routine consultation with the 

13 Councils in order to maximize opportunities to incor14 porate results of the program in Council actions and 

15 provide incentives for adoption of methods developed 

16 under the program in fishery management plans de17 veloped by the Councils. 

18 ‘‘(b) INCENTIVES.—Any fishery management plan 

19 prepared by a Council or by the Secretary may establish 

20 a system of incentives to reduce total bycatch amounts, 

21 bycatch rates, and post-release mortality in fisheries under 

22 the Council’s or Secretary’s jurisdiction, including— 

23 ‘‘(1) measures to incorporate bycatch into 

24 quotas, including the establishment of collective or 

25 individual bycatch quotas; 


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

2 verifiable and monitored low bycatch rates; and 

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

4 information available, will reduce bycatch, bycatch 

5 mortality, post-release mortality, or regulatory dis6 cards in the fishery.’’. 

7 TITLE II—INFORMATION AND 

8 RESEARCH 

9 SEC. 201. RECREATIONAL FISHERIES INFORMATION. 

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

11 subsection (g) and inserting the following: 

12 ‘‘(g) RECREATIONAL FISHERIES.— 

13 ‘‘(1) FEDERAL PROGRAM.—The Secretary shall 

14 establish and implement a regionally based registry 

15 program for recreational fishermen in each of the 8 

16 fishery management regions. The program, which 

17 shall not require a fee, shall provide for— 

18 ‘‘(A) the registration (including identifica19 tion and contact information) of individuals 

20 who engage in recreational fishing— 

21 ‘‘(i) in the Exclusive Economic Zone; 

22 ‘‘(ii) for anadromous species; or 

23 ‘‘(iii) for Continental Shelf fishery re24 sources beyond the Exclusive Economic 

25 Zone; and 


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1 ‘‘(B) if appropriate, the registration (in2 cluding the ownership, operator, and identifica3 tion of the vessel) of vessels used in such fish4 ing. 

5 ‘‘(2) STATE PROGRAMS.—The Secretary shall 

6 exempt from registration under the program rec7 reational fishermen and charter fishing vessels li8 censed, permitted, or registered under the laws of a 

9 State if the Secretary determines that information 

10 from the State program is suitable for the Sec11 retary’s use or is used to assist in completing marine 

12 recreational fisheries statistical surveys, or evalu13 ating the effects of proposed conservation and man14 agement measures for marine recreational fisheries. 

15 ‘‘(3) DATA COLLECTION.—Within 24 months 

16 after the date of enactment of the Magnuson-Ste17 vens Fishery conservation and Management Reau18 thorization Act of 2005, the Secretary shall establish 

19 a program to improve the quality and accuracy of 

20 information generated by the Marine Recreational 

21 Fishery Statistics Survey, with a goal of achieving 

22 acceptible accuracy and utility for each individual 

23 fishery. Unless the Secretary determines that alter24 nate methods will achieve this goal more efficiently 


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1 and effectively, the program shall, to the extent pos2 sible, include— 

3 ‘‘(A) an adequate number of dockside 

4 interviews to accurately estimate recreational 

5 catch and effort; 

6 ‘‘(B) use of surveys that target anglers 

7 registered or licensed at the State or Federal 

8 level to collect participation and effort data; 

9 ‘‘(C) collection and analysis of vessel trip 

10 report data from charter fishing vessels; and 

11 ‘‘(D) development of a weather corrective 

12 factor that can be applied to recreational catch 

13 and effort estimates. 

14 ‘‘(4) REPORT.—Within 24 months after estab15 lishment of the program, the Secretary shall submit 

16 a report to Congress that describes the progress 

17 made toward achieving the goals and objectives of 

18 the program.’’. 

19 SEC. 202. COLLECTION OF INFORMATION. 

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

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

22 the subsection heading and inserting ‘‘(a) COLLEC23 TION PROGRAMS.—’’; 


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1 (2) by resetting the text following ‘‘(a) COLLEC2 TION PROGRAMS.—’’ as a new paragraph 2 ems 

3 from the left margin; 

4 (3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ 

5 before ‘‘If a Council’’; 

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

7 and inserting ‘‘paragraph’’; 

8 (5) by striking ‘‘(other than information that 

9 would disclose proprietary or confidential commercial 

10 or financial information regarding fishing operations 

11 or fish processing operations)’’ each place it appears; 

12 and 

13 (6) by adding at the end the following: 

14 ‘‘(2) SECRETARIAL INITIATION.—If the Sec15 retary determines that additional information is nec16 essary for developing, implementing, revising, or 

17 monitoring a fishery management plan, or for deter18 mining whether a fishery is in need of management, 

19 the Secretary may, by regulation, implement an in20 formation collection or observer program requiring 

21 submission of such additional information for the 

22 fishery.’’. 

23 SEC. 203. ACCESS TO CERTAIN INFORMATION. 

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

25 1881a(b)) is amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (3) and resetting it 2 ems from the left mar3 gin; 

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

5 redesignated, and inserting the following: 

6 ‘‘(b) CONFIDENTIALITY OF INFORMATION.— 

7 ‘‘(1) Any information submitted to the Sec8 retary, a state fishery management agency, or a ma9 rine fisheries commission by any person in compli10 ance with the requirements of this Act that contains 

11 confidential information shall be confidential and 

12 shall be exempt from disclosure under section 

13 552(h)(3) of title 5, United States Code, except— 

14 ‘‘(A) to Federal employees and Council em15 ployees who are responsible for fishery manage16 ment plan development, monitoring, or enforce17 ment; 

18 ‘‘(B) to State or Marine Fisheries Commis19 sion employees as necessary to further the De20 partment’s mission, subject to a confidentiality 

21 agreement that prohibits public disclosure of 

22 confidential information relating to any person; 

23 ‘‘(C) to State employees who are respon24 sible for fishery management plan enforcement, 

25 if the States employing those employees have 


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1 entered into a fishery enforcement agreement 

2 with the Secretary and the agreement is in ef3 fect; 

4 ‘‘(D) when such information is used by 

5 State, Council, or Marine Fisheries Commission 

6 employees to verify catch under a limited access 

7 program, but only to the extent that such use 

8 is consistent with subparagraph (B); 

9 ‘‘(E) when the Secretary has obtained 

10 written authorization from the person submit11 ting such information to release such informa12 tion to persons for reasons not otherwise pro13 vided for in this subsection, and such release 

14 does not violate other requirements of this Act; 

15 ‘‘(F) when such information is required to 

16 be submitted to the Secretary for any deter17 mination under a limited access program; or 

18 ‘‘(G) in support of homeland and national 

19 security activities, including the Coast Guard’s 

20 homeland security missions as defined in sec21 tion 888(a)(2) of the Homeland Security Act of 

22 2002 (6 U.S.C. 468(a)(2)). 

23 ‘‘(2) Any observer information shall be con24 fidential and shall not be disclosed, except in accordVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ance with the requirements of subparagraphs (A) 

2 through (G) of paragraph (1), or— 

3 ‘‘(A) as authorized by a fishery manage4 ment plan or regulations under the authority of 

5 the North Pacific Council to allow disclosure to 

6 the public of weekly summary bycatch informa7 tion identified by vessel or for haul-specific by8 catch information without vessel identification; 

9 ‘‘(B) when such information is necessary 

10 in proceedings to adjudicate observer certifi11 cations; or 

12 ‘‘(C) as authorized by any regulations 

13 issued under paragraph (3) allowing the collec14 tion of observer information, pursuant to a con15 fidentiality agreement between the observers, 

16 observer employers, and the Secretary prohib17 iting disclosure of the information by the ob18 servers or observer employers, in order— 

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

20 information among observers and between 

21 observers and observer employers as nec22 essary to train and prepare observers for 

23 deployments on specific vessels; or 

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

25 observer information collected.’’; and 


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

2 redesignated, and inserting ‘‘(2)(A).’’. 

3 (b) CONFORMING AMENDMENT.—Section 404(c)(4) 

4 (16 U.S.C. 1881c(c)(4)) is amended by striking ‘‘under 

5 section 401’’. 

6 SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT 

7 PROGRAM. 

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

9 section 111, is further amended by adding at the end the 

10 following: 

11 ‘‘SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT 

12 PROGRAM. 

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

14 consultation with the Councils, shall establish a coopera15 tive research and management program to address needs 

16 identified under this Act and under any other marine re17 source laws enforced by the Secretary. The program shall 

18 be implemented on a regional basis and shall be developed 

19 and conducted through partnerships among Federal, 

20 State, and Tribal managers and scientists (including inter21 state fishery commissions), fishing industry participants, 

22 and educational institutions. 

23 ‘‘(b) ELIGIBLE PROJECTS.—The Secretary shall 

24 make funds available under the program for the support 

25 of projects to address critical needs identified by the SecVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 retary in consultation with the Councils. The program 

2 shall promote and encourage efforts to utilize sources of 

3 data maintained by other Federal agencies, State agen4 cies, or academia for use in such projects. 

5 ‘‘(c) FUNDING.—In making funds available the Sec6 retary shall award funding on a competitive basis and 

7 based on regional fishery management needs, select pro8 grams that form part of a coherent program of research 

9 focused on solving priority issues identified by the Coun10 cils, and shall give priority to the following projects: 

11 ‘‘(1) Projects to collect data to improve, supple12 ment, or enhance stock assessments, including the 

13 use of fishing vessels or acoustic or other marine 

14 technology. 

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

16 bycatch or post-release mortality occurring in a fish17 ery. 

18 ‘‘(3) Conservation engineering projects designed 

19 to reduce bycatch, including avoidance of post-re20 lease mortality, reduction of bycatch in high seas 

21 fisheries, and transfer of such fishing technologies to 

22 other nations. 

23 ‘‘(4) Projects for the identification of habitat 

24 areas of particular concern and for habitat conserva25 tion. 


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

2 economic and social data. 

3 ‘‘(d) EXPERIMENTAL PERMITTING PROCESS.—Not 

4 later than 180 days after the date of enactment of the 

5 Magnuson-Stevens Fishery Conservation and Manage6 ment Reauthorization Act of 2005, the Secretary, in con7 sultation with the Councils, shall promulgate regulations 

8 that create an expedited, uniform, and regionally-based 

9 process to promote issuance, where practicable, of experi10 mental fishing permits. 

11 ‘‘(e) GUIDELINES.—The Secretary, in consultation 

12 with the Councils, shall establish guidelines to ensure that 

13 participation in a research project funded under this sec14 tion does not result in loss of a participant’s catch history 

15 or unexpended days-at-sea as part of a limited entry sys16 tem.’’. 

17 SEC. 205. HERRING STUDY. 

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

19 section 204, is further amended by adding at the end the 

20 following: 

21 ‘‘SEC. 318. HERRING STUDY. 

22 ‘‘(a) IN GENERAL.—The Secretary may conduct a co23 operative research program to study the issues of abun24 dance, distribution and the role of herring as forage fish 

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1 west Atlantic, and the potential for local scale depletion 

2 from herring harvesting and how it relates to other fish3 eries in the Northwest Atlantic. In planning, designing, 

4 and implementing this program, the Secretary shall en5 gage multiple fisheries sectors and stakeholder groups 

6 concerned with herring management. 

7 ‘‘(b) REPORT.—The Secretary shall present the final 

8 results of this study to Congress within 3 months following 

9 the completion of the study, and an interim report at the 

10 end of fiscal year 2008. 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated $2,000,000 for fiscal 

13 year 2007 through fiscal year 2009 to conduct this 

14 study.’’. 

15 SEC. 206. RESTORATION STUDY. 

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

17 section 205, is further amended by adding at the end the 

18 following: 

19 ‘‘SEC. 319. RESTORATION STUDY. 

20 ‘‘(a) IN GENERAL.—The Secretary may conduct a 

21 study to update scientific information and protocols need22 ed to improve restoration techniques for a variety of coast 

23 habitat types and synthesize the results in a format easily 

24 understandable by restoration practitioners and local com25 munities. 


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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $500,000 for fiscal year 

3 2007 to conduct this study.’’. 

4 SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION 

5 PROJECTS. 

6 Section 111(b) of the Sustainable Fisheries Act (16 

7 U.S.C. 1855 note) is amended— 

8 (1) by striking ‘‘and the Secretary of the Inte9 rior are’’ in paragraph (1) and inserting ‘‘is’’; 

10 (2) by striking ‘‘not less than three and not 

11 more than five’’ in paragraph (1); and 

12 (3) by striking paragraph (6) and inserting the 

13 following: 

14 ‘‘(6) In this subsection the term ‘Western Pa15 cific community’ means a community eligible to par16 ticipate under section 305(i)(2)(B)(i) through (iv) of 

17 the Magnuson-Stevens Fishery Conservation and 

18 Management Act (16 U.S.C. 1855(i)(2)(B)(i) 

19 through (iv)).’’. 

20 SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT 

21 FUND. 

22 (a) IN GENERAL.—The Secretary shall establish and 

23 maintain a fund, to be known as the ‘‘Fisheries Conserva24 tion and Management Fund’’, which shall consist of 


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1 amounts retained and deposited into the Fund under sub2 section (c). 

3 (b) PURPOSES.—Subject to the allocation of funds 

4 described in subsection (d), amounts in the Fund shall be 

5 available to the Secretary of Commerce, without appro6 priation or fiscal year limitation, to disburse as described 

7 in subsection (e) for— 

8 (1) efforts to improve fishery harvest data col9 lection including— 

10 (A) expanding the use of electronic catch 

11 reporting programs and technology; and 

12 (B) improvement of monitoring and ob13 server coverage through the expanded use of 

14 electronic monitoring devices and satellite track15 ing systems such as VMS on small vessels; 

16 (2) cooperative fishery research and analysis, in 

17 collaboration with fishery participants, academic in18 stitutions, community residents, and other interested 

19 parties; 

20 (3) development of methods or new technologies 

21 to improve the quality, health safety, and value of 

22 fish landed; 

23 (4) conducting analysis of fish and seafood for 

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1 taminants and, where feasible, the source of such 

2 contaminants; 

3 (5) marketing of sustainable United States fish4 ery products, including consumer education regard5 ing the health or other benefits of wild fishery prod6 ucts harvested by vessels of the United States; and 

7 (6) providing financial assistance to fishermen 

8 to offset the costs of modifying fishing practices and 

9 gear to meet the requirements of this Act, the Mag10 nuson-Stevens Fishery Conservation and Manage11 ment Act (16 U.S.C. 1801 et seq.), and other Fed12 eral laws in pari materia. 

13 (c) DEPOSITS TO THE FUND.— 

14 (1) COMPLIANCE ASSISTANCE.—Paragraph (1) 

15 of section 311(e) (16 U.S.C. 1861(e)) is amended— 

16 (A) by striking ‘‘and’’ after the semicolon 

17 in subparagraph (E); 

18 (B) by striking ‘‘law.’’ in subparagraph 

19 (F); and 

20 (C) by adding at the end the following: 

21 ‘‘(G) amounts to the Fishery Conservation 

22 and Management fund established by section 

23 208 of the Magnuson-Stevens Fishery Con24 servation and Management Reauthorization Act 

25 of 2005 necessary to assist in improving moniVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 toring, enforcement, and compliance activities 

2 under this Act.’’. 

3 (2) QUOTA SET-ASIDES.—Any amount gen4 erated through quota set-asides established by a 

5 Council under the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1801 et 

7 seq.) and designated by the Council for inclusion in 

8 the Fishery Conservation and Management Fund, 

9 may be deposited in the Fund. 

10 (3) OTHER FUNDS.—In addition to amounts re11 ceived under sections 311(e)(1)(G) of the Magnuson12 Stevens Fishery Conservation and Management Act 

13 (16 U.S.C. 1861(e)(1)(G), and amounts received 

14 pursuant to paragraph (2) of this subsection, the 

15 Fishery Conservation and Management Fund may 

16 also receive funds from— 

17 (A) appropriations for the purposes of this 

18 section; and 

19 (B) States or other public sources or pri20 vate or non-profit organizations for purposes of 

21 this section. 

22 (d) REGIONAL ALLOCATION.—The Secretary shall, 

23 every 2 years, apportion monies from the Fund among the 

24 eight Council regions according to consensus recommenda25 tions of the Councils, based on regional priorities identiVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 fied through the Council process, except that no region 

2 shall receive less than 5 percent of the Fund in each allo3 cation period. 

4 (e) LIMITATION ON THE USE OF THE FUND.—No 

5 amount made available from the Fund may be used to de6 fray the costs of carrying out other requirements of this 

7 Act or the Magnuson-Stevens Fishery Conservation and 

8 Management Act (16 U.S.C. 1801 et seq.). 

9 SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAP10 ITAL CONSTRUCTION FUND FOR SUSTAIN11 ABLE PURPOSES. 

12 (a) PURPOSE OF OBLIGATIONS.—Section 

13 1104A(a)(7) of the Merchant Marine Act, 1936 (46 

14 U.S.C. App. 1274(a)(7)) is amended to read as follows: 

15 ‘‘financing or refinancing including, 

16 ‘‘(A) the reimbursement of obligors for ex17 penditures previously made, for the purchase of 

18 individual fishing quotas in accordance with 

19 section 303(d)(4) of the Magnuson-Stevens 

20 Fishery Conservation and Management Act; 

21 ‘‘(B) activities that assist in the transition 

22 to reduced fishing capacity; 

23 ‘‘(C) technologies or upgrades designed to 

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1 lectivity or reduce adverse impacts of fishing 

2 gear, or to improve safety; or 

3 ‘‘(D) developing a sustainable fisheries la4 beling and marketing plan for a fishery, as de5 fined in section 607(k)(10) of this Act, deter6 mined by the Secretary to be in compliance with 

7 the requirements of this Act and any other ma8 rine resource law implemented by the Sec9 retary.’’. 

10 (b) by striking ‘‘fisheries of the United States’’ in the 

11 second sentence of subsection (a) and inserting ‘‘fisheries 

12 of the United States, or for the purpose of developing a 

13 sustainable fisheries labeling and marketing plan for a 

14 fishery determined by the Secretary to be in compliance 

15 with the requirements of this Act and any other living ma16 rine resource law implemented by the Secretary, or with 

17 respect to seafood imports, to have been taken and re18 tained in a manner consistent with international regula19 tions governing the taking of such stock of fish and is ac20 companied by a certificate of origin under section 219 of 

21 the Fish and Seafood Promotion Act of 1986,’’; 

22 (c) EXPANSION OF PURPOSES FOR QUALIFIED

23 WITHDRAWALS.—Section 607(f)(1) of the Merchant Ma24 rine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended— 

25 (1) by striking ‘‘for:’’ and inserting ‘‘for—’’; 


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1 (2) by striking ‘‘vessel,’’ in subparagraph (A) 

2 and inserting ‘‘vessel;’’; 

3 (3) by striking ‘‘vessel, or’’ in subparagraph (B) 

4 and inserting ‘‘vessel;’’; 

5 (4) by striking ‘‘vessel.’’ in subparagraph (C) 

6 and inserting ‘‘vessel;’’; and 

7 (5) by inserting after subparagraph (C) the fol8 lowing: 

9 ‘‘(D) in the case of any person for whose 

10 benefit the fund was established and who par11 ticipates in the fishing capacity reduction pro12 gram under section 312 of the Magnuson-Ste13 vens Fishery Conservation and Management 

14 Act (16 U.S.C. 1861a)— 

15 ‘‘(i) if such person remains in the 

16 fishery, the satisfaction of any debt obliga17 tion undertaken pursuant to such program; 

18 and 

19 ‘‘(ii) if such person withdraws 1 or 

20 more vessels from the fishery, the substi21 tution of amounts the person would other22 wise receive under such program for such 

23 person’s vessel or permit to engage in the 

24 fishery; 


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1 ‘‘(E) the repair, maintenance, or upgrade 

2 of an eligible vessel or its equipment for the 

3 purpose of— 

4 ‘‘(i) making conservation engineering 

5 changes to reduce bycatch, improve selec6 tivity of fishing gear, or reduce adverse im7 pacts of fishing gear; 

8 ‘‘(ii) improving vessel safety; or 

9 ‘‘(iii) acquiring, installing, or upgrad10 ing equipment to improve collection, re11 porting, or accuracy of fishery data; or 

12 ‘‘(F) the acquisition, construction, recon13 struction, upgrading, or investment in shoreside 

14 fishery-related facilities or infrastructure in the 

15 United States for the purpose of promoting 

16 United States ownership of fishery-related fa17 cilities in the United States without contrib18 uting to overcapacity in the sector.’’. 

19 TITLE III—OTHER FISHERIES 

20 STATUTES 

21 SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT 

22 ACT. 

23 (a) CIVIL PENALTIES.—Section 8(a) of the Northern 

24 Pacific Halibut Act of 1982 (16 U.S.C. 773f(a)) is amend25 ed— 


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1 (1) by striking ‘‘$25,000’’ and inserting 

2 ‘‘$200,000’’; 

3 (2) by striking ‘‘violation, the degree of culpa4 bility, and history of prior offenses, ability to pay,’’ 

5 in the fifth sentence and inserting ‘‘violator, the de6 gree of culpability, any history of prior offenses,’’; 

7 and 

8 (3) by adding at the end the following: ‘‘In as9 sessing such penalty, the Secretary may also con10 sider any information provided by the violator relat11 ing to the ability of the violator to pay if the infor12 mation is provided to the Secretary at least 30 days 

13 prior to an administrative hearing.’’. 

14 (b) PERMIT SANCTIONS.—Section 8 of the Northern 

15 Pacific Halibut Act of 1982 (16 U.S.C. 773f) is amended 

16 by adding at the end the following: 

17 ‘‘(e) REVOCATION OR SUSPENSION OF PERMIT.— 

18 ‘‘(1) IN GENERAL.—The Secretary may take 

19 any action described in paragraph (2) in any case in 

20 which— 

21 ‘‘(A) a vessel has been used in the commis22 sion of any act prohibited under section 7; 

23 ‘‘(B) the owner or operator of a vessel or 

24 any other person who has been issued or has 


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1 applied for a permit under this Act has acted 

2 in violation of section 7; or 

3 ‘‘(C) any amount in settlement of a civil 

4 forfeiture imposed on a vessel or other property, 

5 or any civil penalty or criminal fine imposed on 

6 a vessel or owner or operator of a vessel or any 

7 other person who has been issued or has ap8 plied for a permit under any marine resource 

9 law enforced by the Secretary has not been paid 

10 and is overdue. 

11 ‘‘(2) PERMIT-RELATED ACTIONS.—Under the 

12 circumstances described in paragraph (1) the Sec13 retary may— 

14 ‘‘(A) revoke any permit issued with respect 

15 to such vessel or person, with or without preju16 dice to the issuance of subsequent permits; 

17 ‘‘(B) suspend such permit for a period of 

18 time considered by the Secretary to be appro19 priate; 

20 ‘‘(C) deny such permit; or 

21 ‘‘(D) impose additional conditions and re22 strictions on any permit issued to or applied for 

23 by such vessel or person under this Act and, 

24 with respect to any foreign fishing vessel, on 

25 the approved application of the foreign nation 


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1 involved and on any permit issued under that 

2 application. 

3 ‘‘(3) FACTORS TO BE CONSIDERED.—In impos4 ing a sanction under this subsection, the Secretary 

5 shall take into account— 

6 ‘‘(A) the nature, circumstances, extent, 

7 and gravity of the prohibited acts for which the 

8 sanction is imposed; and 

9 ‘‘(B) with respect to the violator, the de10 gree of culpability, any history of prior offenses, 

11 and such other matters as justice may require. 

12 ‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of 

13 ownership of a vessel, a permit, or any interest in 

14 a permit, by sale or otherwise, shall not extinguish 

15 any permit sanction that is in effect or is pending 

16 at the time of transfer of ownership. Before exe17 cuting the transfer of ownership of a vessel, permit, 

18 or interest in a permit, by sale or otherwise, the 

19 owner shall disclose in writing to the prospective 

20 transferee the existence of any permit sanction that 

21 will be in effect or pending with respect to the ves22 sel, permit, or interest at the time of the transfer. 

23 ‘‘(5) REINSTATEMENT.—In the case of any per24 mit that is suspended under this subsection for non25 payment of a civil penalty, criminal fine, or any 


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1 amount in settlement of a civil forfeiture, the Sec2 retary shall reinstate the permit upon payment of 

3 the penalty, fine, or settlement amount and interest 

4 thereon at the prevailing rate. 

5 ‘‘(6) HEARING.—No sanction shall be imposed 

6 under this subsection unless there has been prior op7 portunity for a hearing on the facts underlying the 

8 violation for which the sanction is imposed either in 

9 conjunction with a civil penalty proceeding under 

10 this section or otherwise. 

11 ‘‘(7) PERMIT DEFINED.—In this subsection, the 

12 term ‘permit’ means any license, certificate, ap13 proval, registration, charter, membership, exemption, 

14 or other form of permission issued by the Commis15 sion or the Secretary, and includes any quota share 

16 or other transferable quota issued by the Sec17 retary.’’. 

18 (c) CRIMINAL PENALTIES.—Section 9(b) of the 

19 Northern Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) 

20 is amended— 

21 (1) by striking ‘‘$50,000’’ and inserting 

22 ‘‘$200,000’’; and 

23 (2) by striking ‘‘$100,000,’’ and inserting 

24 ‘‘$400,000,’’. 


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1 SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS. 

2 (a) ATLANTIC STRIPED BASS CONSERVATION ACT.— 

3 Section 7(a) of the Atlantic Striped Bass Conservation Act 

4 (16 U.S.C. 5156(a)) is amended to read as follows: 

5 ‘‘(a) AUTHORIZATION.—For each of fiscal years 

6 2006, 2007, 2008, 2009, and 2010, there are authorized 

7 to be appropriated to carry out this Act— 

8 ‘‘(1) $1,000,000 to the Secretary of Commerce; 

9 and 

10 ‘‘(2) $250,000 to the Secretary of the Inte11 rior.’’. 

12 (b) YUKON RIVER SALMON ACT OF 2000.—Section 

13 208 of the Yukon River Salmon Act of 2000 (16 U.S.C. 

14 5727) is amended by striking ‘‘$4,000,000 for each of fis15 cal years 2004 through 2008,’’ and inserting ‘‘$4,000,000 

16 for each of fiscal years 2006 through 2010,’’. 

17 (c) SHARK FINNING PROHIBITION ACT.—Section 10 

18 of the Shark Finning Prohibition Act (16 U.S.C. 1822 

19 note) is amended by striking ‘‘fiscal years 2001 through 

20 2005’’ and inserting ‘‘fiscal years 2006 through 2010’’. 

21 (d) PACIFIC SALMON TREATY ACT.— 

22 (1) TRANSFER OF SECTION TO ACT.—The text 

23 of section 623 of title VI of H.R. 3421 (113 Stat. 

24 1501A–56), as introduced on November 17, 1999, 

25 and enacted into law by section 1000(a)(1) of the 

26 Act of November 29, 1999 (Public Law 106–113)— 


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1 (A) is transferred to the Pacific Salmon 

2 Treaty Act (16 U.S.C. 3631 et seq.) and in3 serted after section 15; and 

4 (B) amended— 

5 (i) by striking ‘‘SEC. 623.’’; and 

6 (ii) inserting before ‘‘(a) NORTHERN

7 FUND AND SOUTHERN FUND.—’’ the fol8 lowing: 

9 ‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IM10 PLEMENTATION; ADDITIONAL AUTHORIZA11 TION OF APPROPRIATIONS.’’. 

12 (2) TECHNICAL CORRECTION.—The amendment 

13 made by the Department of Commerce and Related 

14 Agencies Appropriations Act, 2005 under the head15 ing ‘‘PACIFIC COASTAL SALMON RECOVERY’’ (118 

16 Stat. 2881), to section 628(2)(A) of the Depart17 ments of Commerce, Justice, and State, the Judici18 ary, and Related Agencies Appropriations Act, 2001 

19 is deemed to have been made to section 

20 623(d)(2)(A) of title VI of H.R. 3421 (113 Stat. 

21 1501A–56), as introduced on November 17, 1999, 

22 enacted into law by section 1000(a)(1) of the Act of 

23 November 29, 1999 (Public Law 106–113) instead 

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1 ment of the Department of Commerce and Related 

2 Agencies Appropriations Act, 2005. 

3 (3) REAUTHORIZATION.—Section 16(d)(2)(A) 

4 of the Pacific Salmon Treaty Act, as transferred by 

5 subsection (a), is amended— 

6 (A) by inserting ‘‘sustainable salmon fish7 eries,’’ after ‘‘enhancement,’’; and 

8 (B) by inserting ‘‘2006, 2007, 2008, 2009, 

9 and 2010,’’ after ‘‘2005,’’. 

10 (e) ATLANTIC COASTAL FISHERIES COOPERATIVE

11 MANAGEMENT ACT.—Section 811(a) of the Atlantic 

12 Coastal Fisheries Cooperative Management Act (16 

13 U.S.C. 5108(a)) is amended by striking ‘‘2005.’’ and in14 serting ‘‘2005 and $15,000,000 for each of fiscal years 

15 2006 through 2010.’’. 

16 (f) STATE AUTHORITY FOR DUNGENESS CRAB FISH17 ERY MANAGEMENT.—Section 203 of Public Law 105–384 

18 (16 U.S.C. 1856 note) is amended— 

19 (1) by striking ‘‘September 30, 2006.’’ in sub20 section (i) and inserting ‘‘September 30, 2011.’’; 

21 (2) by striking ‘‘health’’ in subsection (j) and 

22 inserting ‘‘status’’; and 

23 (3) by striking ‘‘California.’’ in subsection (j) 

24 and inserting ‘‘California, including— 


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1 ‘‘(1) stock status and trends throughout its 

2 range; 

3 ‘‘(2) a description of applicable research and 

4 scientific review processes used to determine stock 

5 status and trends; and 

6 ‘‘(3) measures implemented or planned that are 

7 designed to prevent or end overfishing in the fish8 ery.’’. 

9 TITLE IV—INTERNATIONAL 

10 SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE. 

11 Title II (16 U.S.C. 1821 et seq.) is amended by add12 ing at the end the following: 

13 ‘‘SEC. 207. INTERNATIONAL MONITORING AND COMPLI14 ANCE. 

15 ‘‘(a) IN GENERAL.—The Secretary may undertake 

16 activities to promote improved monitoring and compliance 

17 for high seas fisheries, or fisheries governed by inter18 national fishery management agreements, and to imple19 ment the requirements of this title. 

20 ‘‘(b) SPECIFIC AUTHORITIES.—In carrying out sub21 section (a), the Secretary may— 

22 ‘‘(1) share information on harvesting and proc23 essing capacity and illegal, unreported and unregu24 lated fishing on the high seas, in areas covered by 

25 international fishery management agreements, and 


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1 by vessels of other nations within the United States 

2 exclusive economic zone, with relevant law enforce3 ment organizations of foreign nations and relevant 

4 international organizations; 

5 ‘‘(2) further develop real time information shar6 ing capabilities, particularly on harvesting and proc7 essing capacity and illegal, unreported and unregu8 lated fishing; 

9 ‘‘(3) participate in global and regional efforts to 

10 build an international network for monitoring, con11 trol, and surveillance of high seas fishing and fishing 

12 under regional or global agreements; 

13 ‘‘(4) support efforts to create an international 

14 registry or database of fishing vessels, including by 

15 building on or enhancing registries developed by 

16 international fishery management organizations; 

17 ‘‘(5) enhance enforcement capabilities through 

18 the application of commercial or governmental re19 mote sensing technology to locate or identify vessels 

20 engaged in illegal, unreported, or unregulated fish21 ing on the high seas, including encroachments into 

22 the exclusive economic zone by fishing vessels of 

23 other nations; 


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1 ‘‘(6) provide technical or other assistance to de2 veloping countries to improve their monitoring, con3 trol, and surveillance capabilities; and 

4 ‘‘(7) support coordinated international efforts 

5 to ensure that all large-scale fishing vessels oper6 ating on the high seas are required by their flag 

7 State to be fitted with vessel monitoring systems no 

8 later than December 31, 2008, or earlier if so de9 cided by the relevant flag State or any relevant 

10 international fishery management organization.’’. 

11 SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNRE12 PORTED, AND UNREGULATED FISHING. 

13 Section 2(a) (16 U.S.C. 1802(a)) is amended by add14 ing at the end the following: 

15 ‘‘(11) International cooperation is necessary to 

16 address illegal, unreported, and unregulated fishing 

17 and other fishing practices which may harm the sus18 tainability of living marine resources and disadvan19 tage the United States fishing industry.’’. 

20 SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UN21 REGULATED FISHING AND REDUCE BYCATCH 

22 OF PROTECTED MARINE SPECIES. 

23 (a) IN GENERAL.—The High Seas Driftnet Fishing 

24 Moratorium Protection Act (16 U.S.C. 1826d et seq.), is 

25 amended by adding at the end the following: 


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1 ‘‘SEC. 607 BIENNIAL REPORT ON INTERNATIONAL COMPLI2 ANCE. 

3 ‘‘The Secretary, in consultation with the Secretary of 

4 State, shall provide to Congress, by not later than 2 years 

5 after the date of enactment of the Magnuson-Stevens 

6 Fishery Conservation and Management Reauthorization 

7 Act of 2005, and every 2 years thereafter, a report that 

8 includes— 

9 ‘‘(1) the state of knowledge on the status of 

10 international living marine resources, including a list 

11 of all fish stocks classified as overfished, over12 exploited, depleted, endangered, or threatened with 

13 extinction by any international or other authority 

14 charged with management or conservation of living 

15 marine resources; 

16 ‘‘(2) a list of nations whose vessels have been 

17 identified under sections 609(a) or 610(a), including 

18 the specific offending activities and any subsequent 

19 actions taken pursuant to section 609 or 610; 

20 ‘‘(3) a description of efforts taken by nations on 

21 those lists to comply with the provisions of sections 

22 609 and 610, and an evaluation of the progress of 

23 those efforts, including steps taken by the United 

24 States to implement those sections and to improve 

25 international compliance; 


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1 ‘‘(4) progress at the international level, pursu2 ant to section 608, to strengthen the efforts of inter3 national fishery management organizations to end il4 legal, unreported, or unregulated fishing; and 

5 ‘‘(5) a plan of action for ensuring the conclu6 sion and entry into force of international measures 

7 comparable to those of the United States to reduce 

8 impacts of fishing and other practices on protected 

9 living marine resources, if no international agree10 ment to achieve such goal exists, or if the relevant 

11 international fishery or conservation organization 

12 has failed to implement effective measures to end or 

13 reduce the adverse impacts of fishing practices on 

14 such species. 

15 ‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISH16 ERY MANAGEMENT ORGANIZATIONS. 

17 ‘‘The Secretary, in consultation with the Secretary of 

18 State, and in cooperation with relevant fishery manage19 ment councils, shall take actions to improve the effective20 ness of international fishery management organizations in 

21 conserving and managing fish stocks under their jurisdic22 tion. These actions shall include— 

23 ‘‘(1) urging international fishery management 

24 organizations to which the United States is a mem25 ber— 


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1 ‘‘(A) to incorporate multilateral sanctions 

2 against member governments whose vessels en3 gage in illegal, unreported, or unregulated fish4 ing; 

5 ‘‘(B) to seek adoption of lists that identify 

6 fishing vessels engaged in illegal, unreported, or 

7 unregulated fishing, including authorized 

8 (green) and unauthorized (red) vessel lists, that 

9 can be shared among all members and other 

10 international fishery management organizations; 

11 ‘‘(C) to seek international adoption of a 

12 centralized vessel monitoring system with an 

13 independent secretariat in order to monitor and 

14 document capacity in fleets of all nations in15 volved in fishing in areas under the an inter16 national fishery management organization’s ju17 risdiction; 

18 ‘‘(D) to increase use of observers and tech19 nologies needed to monitor compliance with con20 servation and management measures estab21 lished by the organization, including vessel 

22 monitoring systems and automatic identification 

23 systems; and 

24 ‘‘(E) to seek adoption of greater port state 

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1 tions whose vessels engage in illegal, unre2 ported, or unregulated fishing; 

3 ‘‘(2) urging international fishery management 

4 organizations to which the United States is a mem5 ber, as well as all members of those organizations, 

6 to adopt and expand the use of market-related meas7 ures to combat illegal, unreported, or unregulated 

8 fishing, including— 

9 ‘‘(A) import prohibitions, landing restric10 tions, or other market-based measures needed 

11 to enforce compliance with international fishery 

12 management organization measures, such as 

13 quotas and catch limits; 

14 ‘‘(B) import restrictions or other market15 based measures to prevent the trade or impor16 tation of fish caught by vessels identified multi17 laterally as engaging in illegal, unreported, or 

18 unregulated fishing; and 

19 ‘‘(C) catch documentation and certification 

20 schemes to improve tracking and identification 

21 of catch of vessels engaged in illegal, unre22 ported, or unregulated fishing, including ad23 vance transmission of catch documents to ports 

24 of entry; and 


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1 ‘‘(3) urging other nations at bilateral, regional, 

2 and international levels, including the Convention on 

3 International Trade in Endangered Species of 

4 Fauna and Flora and the World Trade Organization 

5 to take all steps necessary, consistent with inter6 national law, to adopt measures and policies that 

7 will prevent fish or other living marine resources 

8 harvested by vessels engaged in illegal, unreported, 

9 or unregulated fishing from being traded or im10 ported into their nation or territories. 

11 ‘‘SEC. 609 ILLEGAL, UNREPORTED, OR UNREGULATED FISH12 ING. 

13 ‘‘(a) IDENTIFICATION.—The Secretary shall identify, 

14 and list in the report under section 607, a nation if— 

15 ‘‘(1) fishing vessels of that nation are engaged, 

16 or have been engaged during the preceding calendar 

17 year in illegal, unreported, or unregulated fishing; 

18 and 

19 ‘‘(2) the relevant international fishery manage20 ment organization has failed to implement effective 

21 measures to end the illegal unreported, or unregu22 lated fishing activity by vessels of that nation or the 

23 nation is not a party to, or does not maintain co24 operating status with, such organization, or where 


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1 no international fishery management organization 

2 exists. 

3 ‘‘(b) NOTIFICATION.—An identification under sub4 section (a) or section 610(a) is deemed to be an identifica5 tion under section 101(b)(1)(A) of the High Seas Driftnet 

6 Fisheries Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), 

7 and the Secretary shall notify the President and that na8 tion of such identification. 

9 ‘‘(c) CONSULTATION.—No later than 60 days after 

10 submitting a report to Congress under section 607, the 

11 Secretary, in consultation with the Secretary of State, 

12 shall— 

13 ‘‘(1) notify nations listed in the report of the 

14 requirements of this section; 

15 ‘‘(2) initiate consultations for the purpose of 

16 encouraging such nations to take the appropriate 

17 corrective action with respect to the offending activi18 ties of their fishing vessels identified in the report; 

19 and 

20 ‘‘(3) notify any relevant international fishery 

21 management organization of the actions taken by 

22 the United States under this section. 

23 ‘‘(d) IUU CERTIFICATION PROCEDURE.— 

24 ‘‘(1) CERTIFICATION.—The Secretary shall es25 tablish a procedure, consistent with the provisions of 


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1 subchapter II of chapter 5 of title 5, United States 

2 Code, and including notice and an opportunity for 

3 comment by the governments of any nation listed by 

4 the Secretary under subsection (a), for determining 

5 if that government has taken appropriate corrective 

6 action with respect to the offending activities of its 

7 fishing vessels identified in the report under section 

8 607. The Secretary shall determine, on the basis of 

9 the procedure, and certify to the Congress no later 

10 than 90 days after the date on which the Secretary 

11 promulgates a final rule containing the procedure, 

12 and biennially thereafter in the report under section 

13 607— 

14 ‘‘(A) whether the government of each na15 tion identified under subsection (b) has pro16 vided documentary evidence that it has taken 

17 corrective action with respect to the offending 

18 activities of its fishing vessels identified in the 

19 report; or 

20 ‘‘(B) whether the relevant international 

21 fishery management organization has imple22 mented measures that are effective in ending 

23 the illegal, unreported, or unregulated fishing 

24 activity by vessels of that nation. 


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1 ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec2 retary may establish a procedure for certification, on 

3 a shipment-by-shipment, shipper-by-shipper, or other 

4 basis of fish or fish products from a vessel of a har5 vesting nation not certified under paragraph (1) if 

6 the Secretary determines that— 

7 ‘‘(A) the vessel has not engaged in illegal, 

8 unreported, or unregulated fishing under an 

9 international fishery management agreement to 

10 which the United States is a party; or 

11 ‘‘(B) the vessel is not identified by an 

12 international fishery management organization 

13 as participating in illegal, unreported, or un14 regulated fishing activities. 

15 ‘‘(3) EFFECT OF CERTIFICATION.—The provi16 sions of section 101(a) and section 101(b)(3) and 

17 (4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 

18 (b)(4)) shall apply to any nation identified under 

19 subsection (a) that has not been certified by the Sec20 retary under this subsection, or for which the Sec21 retary has issued a negative certification under this 

22 subsection, but shall not apply to any nation identi23 fied under subsection (a) for which the Secretary 

24 has issued a positive certification under this sub25 section. 


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1 ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED

2 FISHING DEFINED.— 

3 ‘‘(1) IN GENERAL.—In this Act the term ‘ille4 gal, unreported, or unregulated fishing’ has the 

5 meaning established under paragraph (2). 

6 ‘‘(2) SECRETARY TO DEFINE TERM WITHIN

7 LEGISLATIVE GUIDELINES.—Within 3 months after 

8 the date of enactment of the Magnuson-Stevens 

9 Fishery Conservation and Management Reauthoriza10 tion Act of 2005, the Secretary shall publish a defi11 nition of the term ‘illegal, unreported, or unregu12 lated fishing’ for purposes of this Act. 

13 ‘‘(3) GUIDELINES.—The Secretary shall include 

14 in the definition, at a minimum— 

15 ‘‘(A) fishing activities that violate con16 servation and management measures required 

17 under an international fishery management 

18 agreement to which the United States is a 

19 party, including catch limits or quotas, capacity 

20 restrictions, and bycatch reduction require21 ments; 

22 ‘‘(B) overfishing of fish stocks for which 

23 there are no applicable conservation or manage24 ment measures or in areas with no applicable 


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1 international fishery management organization 

2 or agreement; and 

3 ‘‘(C) destructive fishing practices, includ4 ing bottom trawling, that have adverse impacts 

5 on seamounts, hydrothermal vents, and cold 

6 water corals located beyond national jurisdic7 tion, for which there are no applicable conserva8 tion or management measures or in areas with 

9 no applicable international fishery management 

10 organization or agreement. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary for fis13 cal years 2006 through 2012 such sums as are necessary 

14 to carry out this section. 

15 ‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

16 ‘‘(a) IDENTIFICATION.—The Secretary shall identify, 

17 and list in the report under section 607, a nation if— 

18 ‘‘(1) fishing vessels of that nation are engaged, 

19 or have been engaged during the preceding calendar 

20 year in fishing activities or practices beyond the ex21 clusive economic zone that result in bycatch of a 

22 protected living marine resource; 

23 ‘‘(2) the relevant international organization for 

24 the conservation and protection of such species or 

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1 zation has failed to implement effective measures to 

2 end or reduce the impacts of the fishing practices of 

3 the nation’s vessels on such species, or the nation is 

4 not a party to, or does not maintain cooperating sta5 tus with, such organization; and 

6 ‘‘(3) the nation has not adopted a regulatory 

7 program governing such fishing practices and associ8 ated bycatch of protected living marine resources 

9 that are comparable to those of the United States, 

10 taking into account different conditions. 

11 ‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec12 retary, acting through the Secretary of State, shall— 

13 ‘‘(1) notify, as soon as possible, other nations 

14 whose vessels engage in fishing activities or practices 

15 described in subsection (a), about the requirements 

16 of this section and this Act; 

17 ‘‘(2) initiate discussions as soon as possible 

18 with all foreign governments which are engaged in, 

19 or which have persons or companies engaged in, 

20 fishing activities or practices described in subsection 

21 (a), for the purpose of entering into bilateral and 

22 multilateral treaties with such countries to protect 

23 such species; 

24 ‘‘(3) seek agreements calling for international 

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1 scribed in subsection (a) through the United Na2 tions, the Food and Agriculture Organization’s Com3 mittee on Fisheries, and appropriate international 

4 fishery management bodies; and 

5 ‘‘(4) initiate the amendment of any existing 

6 international treaty for the protection and conserva7 tion of such species to which the United States is a 

8 party in order to make such treaty consistent with 

9 the purposes and policies of this section. 

10 ‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— 

11 ‘‘(1) CERTIFICATION.—The Secretary shall de12 termine, on the basis of a procedure consistent with 

13 the provisions of subchapter II of chapter 5 of title 

14 5, United States Code, and including notice and an 

15 opportunity for comment by the governments of any 

16 nation identified by the Secretary under subsection 

17 (a). The Secretary shall certify to the Congress by 

18 January 31, 2007, and annually thereafter whether 

19 the government of each harvesting nation— 

20 ‘‘(A) has provided documentary evidence of 

21 the adoption of a regulatory program governing 

22 the conservation of the protected living marine 

23 resource, including measures to ensure max24 imum probability for survival after release, that 

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1 ing into account different conditions, and 

2 which, in the case of pelagic longline fishing, in3 cludes mandatory use of circle hooks, careful 

4 handling and release equipment, and training 

5 and observer programs; and 

6 ‘‘(B) has established a management plan 

7 containing requirements that will assist in gath8 ering species-specific data to support inter9 national stock assessments and conservation en10 forcement efforts for protected living marine re11 sources. 

12 ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec13 retary shall establish a procedure for certification, 

14 on a shipment-by-shipment, shipper-by-shipper, or 

15 other basis of fish or fish products from a vessel of 

16 a harvesting nation not certified under paragraph 

17 (1) if the Secretary determines that such imports 

18 were harvested by practices that do not result in by19 catch of a protected marine species, or were har20 vested by practices that— 

21 ‘‘(A) are comparable to those of the United 

22 States, taking into account different conditions, 

23 and which, in the case of pelagic longline fish24 ing, includes mandatory use of circle hooks, 


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1 careful handling and release equipment, and 

2 training and observer programs; and 

3 ‘‘(B) include the gathering of species spe4 cific data that can be used to support inter5 national and regional stock assessments and 

6 conservation efforts for protected living marine 

7 resources. 

8 ‘‘(3) EFFECT OF CERTIFICATION.—The provi9 sions of section 101(a) and section 101(b)(3) and 

10 (4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 

11 (b)(4)) shall apply to any nation identified under 

12 subsection (a) that has not been certified by the Sec13 retary under this subsection, or for which the Sec14 retary has issued a negative certification under this 

15 subsection, but shall not apply to any nation identi16 fied under subsection (a) for which the Secretary 

17 has issued a positive certification under this sub18 section. 

19 ‘‘(d) INTERNATIONAL COOPERATION AND ASSIST20 ANCE.—To the greatest extent possible consistent with ex21 isting authority and the availability of funds, the Secretary 

22 shall— 

23 ‘‘(1) provide appropriate assistance to nations 

24 identified by the Secretary under subsection (a) and 

25 international organizations of which those nations 


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1 are members to assist those nations in qualifying for 

2 certification under subsection (c); 

3 ‘‘(2) undertake, where appropriate, cooperative 

4 research activities on species statistics and improved 

5 harvesting techniques, with those nations or organi6 zations; 

7 ‘‘(3) encourage and facilitate the transfer of ap8 propriate technology to those nations or organiza9 tions to assist those nations in qualifying for certifi10 cation under subsection (c); and 

11 ‘‘(4) provide assistance to those nations or or12 ganizations in designing and implementing appro13 priate fish harvesting plans. 

14 ‘‘(e) PROTECTED LIVING MARINE RESOURCE DE15 FINED.—In this section the term ‘protected living marine 

16 resource’— 

17 ‘‘(1) means non-target fish, sea turtles, or ma18 rine mammals occurring in areas beyond United 

19 States jurisdiction that are protected under United 

20 States law or international agreement, including the 

21 Marine Mammal Protection Act, the Endangered 

22 Species Act, the Shark Finning Prohibition Act, and 

23 the Convention on International Trade in Endan24 gered Species of Wild Flora and Fauna; but 


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1 ‘‘(2) does not include species, except sharks, 

2 managed under the Magnuson-Stevens Fishery Con3 servation and Management Act, the Atlantic Tunas 

4 Convention Act, or any international fishery man5 agement agreement. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary for fis8 cal years 2006 through 2012 such sums as are necessary 

9 to carry out this section.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) DENIAL OF PORT PRIVILEGES.—Section 

12 101(b) of the High Seas Driftnet Fisheries Enforce13 ment Act (16 U.S.C. 1826a(b)) is amended by in14 serting ‘‘or illegal, unreported, or unregulated fish15 ing’’ after ‘‘fishing’’ in paragraph (1)(A)(i), para16 graph (1)(B), paragraph (2), and paragraph 

17 (4)(A)(i). 

18 (2) DURATION OF DENIAL.—Section 102 of the 

19 High Seas Driftnet Fisheries Enforcement Act (16 

20 U.S.C. 1826b) is amended by inserting ‘‘or illegal, 

21 unreported, or unregulated fishing’’ after ‘‘fishing’’. 

22 SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISH23 ERIES. 

24 (a) WAIVER AUTHORITY.—Section 201(h)(2)(B) (16 

25 U.S.C. 1821(h)(2)(B)) is amended by striking ‘‘that is at 


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1 least equal in effectiveness to the program established by 

2 the Secretary;’’ and inserting ‘‘or other monitoring pro3 gram that the Secretary, in consultation with the Western 

4 Pacific Management Council, determines is adequate to 

5 monitor harvest, bycatch, and compliance with the laws 

6 of the United States by vessels fishing under the agree7 ment;’’. 

8 (b) MARINE CONSERVATION PLANS.—Section 

9 204(e)(4)(A)(i) (16 U.S.C. 1824(e)(4)(A)(i)) is amended 

10 to read as follows: 

11 ‘‘(i) Pacific Insular Area observer programs, or 

12 other monitoring programs, that the Secretary deter13 mines are adequate to monitor the harvest, bycatch, 

14 and compliance with the laws of the United States 

15 by foreign fishing vessels that fish under Pacific In16 sular Area fishing agreements;’’. 

17 SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CON18 VENTION ACT. 

19 (a) IN GENERAL.—Section 10 of the Atlantic Tunas 

20 Convention Act of 1975 (16 U.S.C. 971h) is amended to 

21 read as follows: 

22 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated to the Secretary to carry out this Act, including 

25 use for payment of the United States share of the joint 


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1 expenses of the Commission as provided in Article X of 

2 the Convention— 

3 ‘‘(1) $5,495,000 for fiscal year 2006; 

4 ‘‘(2) $5,770,000 for each of fiscal years 2007 

5 and 2008; 

6 ‘‘(3) $6,058,000 for each of fiscal years 2009 

7 and 2010; and 

8 ‘‘(4) $6,631,000 for each of fiscal years 2011 

9 and 2012. 

10 ‘‘(b) ALLOCATION.—Of the amounts made available 

11 under subsection (a) for each fiscal year— 

12 ‘‘(1) $160,000 are authorized for the advisory 

13 committee established under section 4 of this Act 

14 and the species working groups established under 

15 section 4A of this Act; and 

16 ‘‘(2) $7,500,000 are authorized for research ac17 tivities under this Act and section 3 of Public Law 

18 94–339 (16 U.S.C. 971i), of which $3,000,000 shall 

19 be for the cooperative research program under sec20 tion 3(b)(2)(H) of that section (16 U.S.C. 

21 971i(b)(2)(H).’’. 

22 (b) ATLANTIC BILLFISH COOPERATIVE RESEARCH

23 PROGRAM.—Section 3(b)(2) of the Atlantic Tunas Con24 vention Act of 1975 (16 U.S.C. 971i(b)(2)) is amended— 


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

2 subparagraph (G); 

3 (2) by redesignating subparagraph (H) as sub4 paragraph (I); and 

5 (3) by inserting after subparagraph (G) the fol6 lowing: 

7 ‘‘(H) include a cooperative research pro8 gram on Atlantic billfish based on the South9 east Fisheries Science Center Atlantic Billfish 

10 Research Plan of 2002; and’’. 

11 SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC 

12 EQUITY. 

13 (a) REBUILDING OVERFISHED FISHERIES.—Section 

14 304(e) (16 U.S.C. 1854(e)) is amended by adding at the 

15 end thereof the following: 

16 ‘‘(8) The provisions of this paragraph shall 

17 apply in lieu of paragraphs (2) through (7) of this 

18 subsection to a fishery that the Secretary determines 

19 is overfished or approaching a condition of being 

20 overfished due to excessive international fishing 

21 pressure, and for which there are no management 

22 measures to end overfishing under an international 

23 agreement to which the United States is a party. 

24 For such fisheries— 


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1 ‘‘(A) the Secretary, in cooperation with the 

2 Secretary of State, immediately take appro3 priate action at the international level to end 

4 the overfishing; and 

5 ‘‘(B) within 1 year after the Secretary’s 

6 determination, the appropriate Council, or Sec7 retary, for fisheries under section 302(a)(3) 

8 shall— 

9 ‘‘(i) develop recommendations for do10 mestic regulations to address the relative 

11 impact of fishing vessels of the United 

12 States on the stock and, if developed by a 

13 Council, the Council shall submit such rec14 ommendations to the Secretary; and 

15 ‘‘(ii) develop and submit recommenda16 tions to the Secretary of State, and to the 

17 Congress, for international actions that 

18 will end overfishing in the fishery and re19 build the affected stocks, taking into ac20 count the relative impact of vessels of 

21 other nations and vessels of the United 

22 States on the relevant stock.’’. 

23 (b) HIGHLY MIGRATORY SPECIES TAGGING RE24 SEARCH.—Section 304(g)(2) (16 U.S.C. 1854(g)(2)) is 

25 amended by striking ‘‘(16 U.S.C. 971d)’’ and inserting 


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1 ‘‘(16 U.S.C. 971d), or highly migratory species harvested 

2 in a commercial fishery managed by a Council under this 

3 Act or the Western and Central Pacific Fisheries Conven4 tion Implementation Act,’’. 

5 TITLE V—IMPLEMENTATION OF 

6 WESTERN AND CENTRAL PA7 CIFIC FISHERIES CONVEN8 TION 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘Western and Central 

11 Pacific Fisheries Convention Implementation Act’’. 

12 SEC. 502. DEFINITIONS. 

13 In this title: 

14 (1) 1982 CONVENTION.—The term ‘‘1982 Con15 vention’’ means the United Nations Convention on 

16 the Law of the Sea of 10 December 1982. 

17 (2) AGREEMENT.—The term ‘‘Agreement’’ 

18 means the Agreement for the Implementation of the 

19 Provisions of the United Nations Convention on the 

20 Law of the Sea of 10 December 1982 relating to the 

21 Conservation and Management of Straddling Fish 

22 Stocks and Highly Migratory Fish Stocks. 

23 (3) COMMISSION.—The term ‘‘Commission’’ 

24 means the Commission for the Conservation and 

25 Management of Highly Migratory Fish Stocks in the 


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1 Western and Central Pacific Ocean established in 

2 accordance with this Convention. 

3 (4) CONVENTION AREA.—The term ‘‘convention 

4 area’’ means all waters of the Pacific Ocean bounded 

5 to the south and to the east by the following line: 

6 From the south coast of Australia due south along 

7 the 141th meridian of east longitude to its intersec8 tion with the 55th parallel of south latitude; thence 

9 due east along the 55th parallel of south latitude to 

10 its intersection with the 150th meridian of east lon11 gitude; thence due south along the 150th meridian 

12 of east longitude to its intersection with the 60th 

13 parallel of south latitude; thence due east along the 

14 60th parallel of south latitude to its intersection 

15 with the 130th meridian of west longitude; thence 

16 due north along the 130th meridian of west lon17 gitude to its intersection with the 4th parallel of 

18 south latitude; thence due west along the 4th par19 allel of south latitude to its intersection with the 

20 150th meridian of west longitude; thence due north 

21 along the 150th meridian of west longitude. 

22 (5) EXCLUSIVE ECONOMIC ZONE.—The term 

23 ‘‘exclusive economic zone’’ means the zone estab24 lished by Presidential Proclamation Numbered 5030 

25 of March 10, 1983. 


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1 (6) FISHING.—The term ‘‘fishing’’ means— 

2 (A) searching for, catching, taking, or har3 vesting fish; 

4 (B) attempting to search for, catch, take, 

5 or harvest fish; 

6 (C) engaging in any other activity which 

7 can reasonably be expected to result in the lo8 cating, catching, taking, or harvesting of fish 

9 for any purpose; 

10 (D) placing, searching for, or recovering 

11 fish aggregating devices or associated electronic 

12 equipment such as radio beacons; 

13 (E) any operations at sea directly in sup14 port of, or in preparation for, any activity de15 scribed in subparagraphs (A) through (D), in16 cluding transshipment; and 

17 (F) use of any other vessel, vehicle, air18 craft, or hovercraft, for any activity described 

19 in subparagraphs (A) through (E) except for 

20 emergencies involving the health and safety of 

21 the crew or the safety of a vessel. 

22 (7) FISHING VESSEL.—The term ‘‘fishing ves23 sel’’ means any vessel used or intended for use for 

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1 rier vessels, and any other vessel directly involved in 

2 such fishing operations. 

3 (8) HIGHLY MIGRATORY FISH STOCKS.—The 

4 term ‘‘highly migratory fish stocks’’ means all fish 

5 stocks of the species listed in Annex 1 of the 1982 

6 Convention occurring in the Convention Area, and 

7 such other species of fish as the Commission may 

8 determine. 

9 (9) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Commerce. 

11 (10) STATE.—The term ‘‘State’’ means each of 

12 the several States of the United States, the District 

13 of Columbia, the Commonwealth of the Northern 

14 Mariana Islands, American Samoa, Guam, and any 

15 other commonwealth, territory, or possession of the 

16 United States. 

17 (11) TRANSHIPMENT.—The term ‘‘trans18 shipment’’ means the unloading of all or any of the 

19 fish on board a fishing vessel to another fishing ves20 sel either at sea or in port. 

21 (12) WCPCF CONVENTION; WESTERN AND

22 CENTRAL PACIFIC CONVENTION.—The terms 

23 ‘‘WCPCF Convention’’ and ‘‘Western and Central 

24 Pacific Convention’’ means the Convention on the 

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1 tory Fish Stocks in the Western and Central Pacific 

2 Ocean, with Annexes, which was adopted at Hono3 lulu, Hawaii, on September 5, 2000, by the Multilat4 eral High Level Conference on the Highly Migratory 

5 Fish Stocks in the Western and Central Pacific 

6 Ocean. 

7 SEC. 503. APPOINTMENT OF UNITED STATES COMMIS8 SIONERS. 

9 (a) IN GENERAL.—The President shall appoint at 

10 least 5 individuals as United States Commissioners to rep11 resent the United States as members of the United States 

12 Section of the Commission. In making the appointments, 

13 the President shall select Commissioners from among indi14 viduals, including officials of the United States govern15 ment (one of whom shall be an officer or employee of the 

16 Department of Commerce), and the chairman of the West17 ern Pacific Fishery Management Council or the chair18 man’s designee, who are knowledgeable or experienced 

19 concerning highly migratory fish stocks in the Western 

20 and Central Pacific Ocean. The Secretary of State, or the 

21 Secretary of State’s designee, shall also serve as a member 

22 of the United States Section. The Commissioners shall be 

23 entitled to select a Chairman and to adopt such rules of 

24 procedures as they find necessary. 


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1 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

2 State, in consultation with the Secretary, may designate 

3 from time to time and for periods of time deemed appro4 priate Alternate United States Commissioners to the Com5 mission. Any Alternate United States Commissioner may 

6 exercise at any meeting of the Commission, Council, any 

7 Panel, or the advisory committee established pursuant to 

8 subsection (d), all powers and duties of a United States 

9 Commissioner in the absence of any Commissioner ap10 pointed pursuant to subsection (a) of this section for what11 ever reason. The number of such Alternate United States 

12 Commissioners that may be designated for any such meet13 ing shall be limited to the number of United States Com14 missioners appointed pursuant to subsection (a) of this 

15 section who will not be present at such meeting. 

16 (c) ADMINISTRATIVE MATTERS.— 

17 (1) EMPLOYMENT STATUS.—Individuals serving 

18 as such Commissioners shall not be considered to be 

19 Federal employees while performing such service, ex20 cept for purposes of injury compensation or tort 

21 claims liability as provided in chapter 81 of title 5 

22 and chapter 171 of title 28, United States Code. 

23 (2) COMPENSATION.—The United States Com24 missioners or Alternate Commissioners, although of25 ficers of the United States while so serving, shall reVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 ceive no compensation for their services as such 

2 Commissioners or Alternate Commissioners. 

3 (3) TRAVEL EXPENSES.— 

4 (A) The Secretary of State shall pay the 

5 necessary travel expenses of United States 

6 Commissioners, Alternate United States Com7 missioners, and authorized advisers in accord8 ance with the Federal Travel Regulations and 

9 sections 5701, 5702, 5704 through 5708, and 

10 5731 of title 5, United States Code. 

11 (B) The Secretary may reimburse the Sec12 retary of State for amounts expended by the 

13 Secretary of State under this subsection. 

14 (d) ADVISORY COMMITTEES.— 

15 (1) ESTABLISHMENT OF PERMANENT ADVISORY

16 COMMITTEE.— 

17 (A) MEMBERSHIP.—There is established 

18 an advisory committee which shall be composed 

19 of— 

20 (i) not less than 10 nor more than 15 

21 individuals appointed by the United States 

22 Commissioners who shall select such indi23 viduals from the various groups concerned 

24 with the fisheries covered by the WCPFC 

25 Convention, providing, to the maximum exVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 tent practicable, an equitable balance 

2 among such groups; 

3 (ii) the chair of the Western Pacific 

4 Fishery Management Council’s Advisory 

5 Committee or the chair’s designee; and 

6 (iii) officials of the fisheries manage7 ment authorities of American Samoa, 

8 Guam, and the Northern Mariana Islands 

9 (or their designees). 

10 (B) TERMS AND PRIVILEGES.—Each mem11 ber of the advisory committee appointed under 

12 subparagraph (A) shall serve for a term of 2 

13 years and shall be eligible for reappointment. 

14 Members of the advisory committee may attend 

15 all public meetings of the Commission, Council, 

16 or any Panel and any other meetings to which 

17 they are invited by the Commission, Council, or 

18 any Panel. The advisory committee shall be in19 vited to attend all non-executive meetings of the 

20 United States Commissioners and at such meet21 ings shall be given opportunity to examine and 

22 to be heard on all proposed programs of inves23 tigation, reports, recommendations, and regula24 tions of the Commission. 


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1 (C) PROCEDURES.—The advisory com2 mittee established by subparagraph (A) shall 

3 determine its organization, and prescribe its 

4 practices and procedures for carrying out its 

5 functions under this chapter, the Magnuson6 Stevens Fishery Conservation and Management 

7 Act (16 U.S.C. 1801 et seq.), and the WCPFC 

8 Convention. The advisory committee shall pub9 lish and make available to the public a state10 ment of its organization, practices, and proce11 dures. A majority of the members of the advi12 sory committee shall constitute a quorum, but 

13 one or more such members designated by the 

14 advisory committee may hold meetings to pro15 vide for public participation and to discuss 

16 measures relating to the United States imple17 mentation of Commission recommendations. 

18 Meetings of the advisory committee, except 

19 when in executive session, shall be open to the 

20 public, and prior notice of meetings shall be 

21 made public in a timely fashion. and the advi22 sory committee shall not be subject to the Fed23 eral Advisory Committee Act (5 U.S.C. App.). 

24 (D) PROVISION OF INFORMATION.—The 

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1 nish the advisory committee with relevant infor2 mation concerning fisheries and international 

3 fishery agreements. 

4 (2) ADMINISTRATIVE MATTERS.— 

5 (A) SUPPORT SERVICES.—The Secretary 

6 shall provide to advisory committees in a timely 

7 manner such administrative and technical sup8 port services as are necessary for their effective 

9 functioning. 

10 (B) COMPENSATION; STATUS; EX11 PENSES.—Individuals appointed to serve as a 

12 member of an advisory committee— 

13 (i) shall serve without pay, but while 

14 away from their homes or regular places of 

15 business in the performance of services for 

16 the advisory committee shall be allowed 

17 travel expenses, including per diem in lieu 

18 of subsistence, in the same manner as per19 sons employed intermittently in the Gov20 ernment service are allowed expenses under 

21 section 5703 of title 5, United States 

22 Code; and 

23 (ii) shall not be considered Federal 

24 employees by reason of their service as 

25 members of an advisory committee, except 


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1 for purposes of injury compensation or tort 

2 claims liability as provided in chapter 81 of 

3 title 5, United States Code, and chapter 

4 171 of title 28, United States Code. 

5 (e) MEMORANDUM OF UNDERSTANDING.—For highly 

6 migratory species in the Pacific, the Secretary, in coordi7 nation with the Secretary of State, shall develop a memo8 randum of understanding with the Western Pacific, Pa9 cific, and North Pacific Fishery Management Councils, 

10 that establishes a mechanism for the relevant Council or 

11 Councils to— 

12 (1) participate in United States delegations to 

13 international fishery organizations in the Pacific 

14 Ocean, including government-to-government con15 sultations; 

16 (2) make formal recommendations to the Sec17 retary and the Secretary of State regarding nec18 essary measures for both domestic and foreign ves19 sels fishing for these species; 

20 (3) coordinate positions with the United States 

21 delegation for presentation to the appropriate inter22 national fishery organization; and 

23 (4) recommend those domestic fishing regula24 tions that are consistent with the actions of the 

25 international fishery organization, for approval and 


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1 implementation under the Magnuson-Stevens Fish2 ery Conservation and Management Act (16 U.S.C. 

3 1801 et seq.) 

4 SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SEC5 RETARY OF STATE. 

6 The Secretary of State may— 

7 (1) receive and transmit, on behalf of the 

8 United States, reports, requests, recommendations, 

9 proposals, and other communications of and to the 

10 Commission; 

11 (2) in consultation with the Secretary and the 

12 United States Commissioners, approve, disapprove, 

13 object to, or withdraw objections to the general an14 nual program of the WCPFC Commission with re15 spect to conservation and management measures 

16 and other measures proposed or adopted in accord17 ance with the WCPCF Convention; and 

18 (3) act upon, or refer to other appropriate au19 thority, any communication referred to in paragraph 

20 (1). 

21 SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF 

22 COMMERCE. 

23 (a) PROMULGATION OF REGULATIONS.—The Sec24 retary, in consultation with the Secretary of the Depart25 ment in which the Coast Guard is operating and the apVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 propriate Regional Fishery Management Council, shall 

2 promulgate such regulations as may be necessary to carry 

3 out the United States international obligations under the 

4 WCPFC Convention and this title. The Secretary shall 

5 promulgate such regulations in accordance with the proce6 dures established by the Magnuson-Stevens Fishery Con7 servation and Management Act (16 U.S.C. 1801 et seq.). 

8 (b) ADDITIONS TO FISHERY REGIMES AND REGULA9 TIONS.—The Secretary may promulgate regulations appli10 cable to nationals or vessels of the United States, or both, 

11 which are in addition to, and not in conflict with, fishery 

12 conservation and management measures and regulations 

13 adopted under the WCPFC Convention. 

14 SEC. 506. ENFORCEMENT. 

15 (a) IN GENERAL.—The Secretary may— 

16 (1) administer and enforce this title and any 

17 regulations issued under this title, including enforce18 ment of any such regulations within the boundaries 

19 of any State bordering on the convention area; 

20 (2) request and utilize on a reimbursed or non21 reimbursed basis the assistance, services, personnel, 

22 equipment, and facilities of other Federal depart23 ments and agencies in— 

24 (A) the administration and enforcement of 

25 this title; and 


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1 (B) the conduct of scientific, research, and 

2 other programs under this title; 

3 (3) conduct fishing operations and biological ex4 periments for purposes of scientific investigation or 

5 other purposes necessary to implement the WCPFC 

6 Convention; 

7 (4) collect, utilize, and disclose such informa8 tion as may be necessary to implement the WCPFC 

9 Convention, subject to sections 552 and 552a of title 

10 5, United States Code, and section 402(b) of the 

11 Magnuson-Stevens Fishery Conservation and Man12 agement Act (16 U.S.C. 1881a(b)); 

13 (5) assess and collect fees to recover the costs 

14 of implementing and enforcing this title, policy and 

15 rulemaking activities, user information services, 

16 international activities under this title, and the costs 

17 to the United States of enforcing the WCPFC Con18 vention, which shall be deposited as an offsetting 

19 collection in, and credited to, the account providing 

20 appropriations to carry out the functions of the Sec21 retary under this title; and 

22 (6) issue permits to owners and operators of 

23 United States vessels to fish in the convention area 

24 seaward of the United States Exclusive Economic 

25 Zone. 


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1 (b) PROHIBITED ACTS.—It is unlawful for any per2 son to violate any provision of this title or the regulations 

3 promulgated under this title. 

4 (c) ACTIONS BY THE SECRETARY.—The Secretary 

5 shall prevent any person from violating this title in the 

6 same manner, by the same means, and with the same ju7 risdiction, powers, and duties as though all applicable 

8 terms and provisions of the Magnuson-Stevens Fishery 

9 Conservation Act (16 U.S.C. 1857) were incorporated into 

10 and made a part of this title. Any person that violates 

11 any provision of this title is subject to the penalties and 

12 entitled to the privileges and immunities provided in the 

13 Magnuson-Stevens Fishery Conservation Act in the same 

14 manner, by the same means, and with the same jurisdic15 tion, power, and duties as though all applicable terms and 

16 provisions of that Act were incorporated into and made 

17 a part of this title. 

18 SEC. 507. PENALTIES. 

19 This title shall be enforced by the Secretary as if a 

20 violation of this title or of any regulation promulgated by 

21 the Commission under this title were a violation of section 

22 307 of the Magnuson-Stevens Fishery Conservation Act 

23 (16 U.S.C. 1857). 


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1 SEC. 508. COOPERATION IN CARRYING OUT CONVENTION. 

2 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI3 TUTIONS AND ORGANIZATIONS.—The United States Com4 missioners, through the Secretary of State and with the 

5 concurrence of the Secretary, institution, or organization 

6 concerned, may arrange for the cooperation of Federal 

7 agencies and of State and private institutions and organi8 zations in carrying out responsibilities under the WCPFC 

9 Convention. 

10 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

11 AND PERSONNEL.—All Federal agencies are authorized, 

12 upon the request of the Secretary of Commerce Commis13 sion, to cooperate in the conduct of scientific and other 

14 programs and to furnish facilities and personnel for the 

15 purpose of assisting the Commission in carrying out its 

16 duties under the WCPFC Convention. 

17 SEC. 509. TERRITORIAL PARTICIPATION. 

18 The Secretary of State shall ensure participation in 

19 the Commission and its subsidiary bodies by American 

20 Samoa, Guam, and the Northern Mariana Islands to the 

21 same extent provided to the territories of other nations. 

22 SEC. 510. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Sec24 retary of Commerce such sums as may be necessary to 

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1 tion to the Commission under section 5 of part III of the 

2 WCPFC Convention. 

3 TITLE VI—PACIFIC WHITING 

4 SEC. 601. SHORT TITLE. 

5 This title may be cited as the ‘‘Pacific Whiting Act 

6 of 2005’’. 

7 SEC. 602. DEFINITIONS. 

8 In this title: 

9 (1) ADVISORY PANEL.—The term ‘‘advisory 

10 panel’’ means the Advisory Panel on Pacific Hake/ 

11 Whiting established by the Agreement. 

12 (2) AGREEMENT.—The term ‘‘Agreement’’ 

13 means the Agreement between the Government of 

14 the United States and the Government of Canada on 

15 Pacific Hake/Whiting, signed at Seattle, Wash16 ington, on November 21, 2003. 

17 (3) CATCH.—The term ‘‘catch’’ means all fish18 ery removals from the offshore whiting resource, in19 cluding landings, discards, and bycatch in other fish20 eries. 

21 (4) JOINT MANAGEMENT COMMITTEE.—The 

22 term ‘‘joint management committee’’ means the 

23 joint management committee established by the 

24 Agreement. 


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1 (5) JOINT TECHNICAL COMMITTEE.—The term 

2 ‘‘joint technical committee’’ means the joint tech3 nical committee established by the Agreement. 

4 (6) OFFSHORE WHITING RESOURCE.—The term 

5 ‘‘offshore whiting resource’’ means the 

6 transboundary stock of Merluccius productus that is 

7 located in the offshore waters of the United States 

8 and Canada except in Puget Sound and the Strait 

9 of Georgia. 

10 (7) SCIENTIFIC REVIEW GROUP.—The term 

11 ‘‘scientific review group’’ means the scientific review 

12 group established by the Agreement. 

13 (8) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Commerce. 

15 (9) UNITED STATES SECTION.—The term 

16 ‘‘United States Section’’ means the United States 

17 representatives on the joint management committee. 

18 SEC. 603. UNITED STATES REPRESENTATION ON JOINT 

19 MANAGEMENT COMMITTEE. 

20 (a) REPRESENTATIVES.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with the Secretary of State, shall appoint 4 in23 dividuals to represent the United States as the 

24 United States Section on the joint management com25 mittee. In making the appointments, the Secretary 


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1 shall select representatives from among individuals 

2 who are knowledgeable or experienced concerning 

3 the offshore whiting resource. Of these— 

4 (A) 1 shall be an official of the National 

5 Oceanic and Atmospheric Administration; 

6 (B) 1 shall be a member of the Pacific 

7 Fishery Management Council, appointed with 

8 consideration given to any recommendation pro9 vided by that Council; 

10 (C) 1 shall be appointed from a list sub11 mitted by the treaty Indian tribes with treaty 

12 fishing rights to the offshore whiting resource; 

13 and 

14 (D) 1 shall be appointed from the commer15 cial sector of the whiting fishing industry con16 cerned with the offshore whiting resource. 

17 (2) TERM OF OFFICE.—Each representative ap18 pointed under paragraph (1) shall be appointed for 

19 a term not to exceed 4 years, except that, of the ini20 tial appointments, 2 representatives shall be ap21 pointed for terms of 2 years. Any individual ap22 pointed to fill a vacancy occurring prior to the expi23 ration of the term of office of that individual’s pred24 ecessor shall be appointed for the remainder of that 

25 term. A representative may be appointed for a term 


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1 of less than 4 years if such term is necessary to en2 sure that the term of office of not more than 2 rep3 resentatives will expire in any single year. An indi4 vidual appointed to serve as a representative is eligi5 ble for reappointment. 

6 (3) CHAIR.—Unless otherwise agreed by all of 

7 the 4 representatives, the chair shall rotate annually 

8 among the 4 members, with the order of rotation de9 termined by lot at the first meeting. 

10 (b) ALTERNATE REPRESENTATIVES.—The Secretary, 

11 in consultation with the Secretary of State, may designate 

12 alternate representatives of the United States to serve on 

13 the joint management committee. An alternative rep14 resentative may exercise, at any meeting of the committee, 

15 all the powers and duties of a representative in the ab16 sence of a duly designated representative for whatever rea17 son. 

18 SEC. 604. UNITED STATES REPRESENTATION ON THE SCI19 ENTIFIC REVIEW GROUP. 

20 (a) IN GENERAL.—The Secretary, in consultation 

21 with the Secretary of State, shall appoint no more than 

22 2 scientific experts to serve on the scientific review group. 

23 An individual shall not be eligible to serve on the scientific 

24 review group while serving on the joint technical com25 mittee. 


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1 (b) TERM.—An individual appointed under sub2 section (a) shall be appointed for a term of not to exceed 

3 4 years, but shall be eligible for reappointment. An indi4 vidual appointed to fill a vacancy occurring prior to the 

5 expiration of a term of office of that individual’s prede6 cessor shall be appointed to serve for the remainder of that 

7 term. 

8 (c) JOINT APPOINTMENTS.—In addition to individ9 uals appointed under subsection (a), the Secretary, jointly 

10 with the Government of Canada, may appoint to the sci11 entific review group, from a list of names provided by the 

12 advisory panel — 

13 (1) up to 2 independent members of the sci14 entific review group; and 

15 (2) 2 public advisors. 

16 SEC. 605. UNITED STATES REPRESENTATION ON JOINT 

17 TECHNICAL COMMITTEE. 

18 (a) SCIENTIFIC EXPERTS.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Secretary of State, shall appoint at 

21 least 6 but not more than 12 individuals to serve as 

22 scientific experts on the joint technical committee, at 

23 least 1 of whom shall be an official of the National 

24 Oceanic and Atmospheric Administration. 


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1 (2) TERM OF OFFICE.—An individual appointed 

2 under paragraph (1) shall be appointed for a term 

3 of not to exceed 4 years, but shall be eligible for re4 appointment. An individual appointed to fill a va5 cancy occurring prior to the expiration of the term 

6 of office of that individual’s predecessor shall be ap7 pointed for the remainder of that term. 

8 (b) INDEPENDENT MEMBER.—In addition to individ9 uals appointed under subsection (a), the Secretary, jointly 

10 with the Government of Canada, shall appoint 1 inde11 pendent member to the joint technical committee selected 

12 from a list of names provided by the advisory panel. 

13 SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY 

14 PANEL. 

15 (a) IN GENERAL.— 

16 (1) APPOINTMENT.—The Secretary, in con17 sultation with the Secretary of State, shall appoint 

18 at least 6 but not more than 12 individuals to serve 

19 as members of the advisory panel, selected from 

20 among individuals who are— 

21 (A) knowledgeable or experienced in the 

22 harvesting, processing, marketing, management, 

23 conservation, or research of the offshore whiting 

24 resource; and 

25 (B) not employees of the United States. 


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1 (2) TERM OF OFFICE.—An individual appointed 

2 under paragraph (1) shall be appointed for a term 

3 of not to exceed 4 years, but shall be eligible for re4 appointment. An individual appointed to fill a va5 cancy occurring prior to the expiration of the term 

6 of office of that individual’s predecessor shall be ap7 pointed for the remainder of that term. 

8 SEC. 607. RESPONSIBILITIES OF THE SECRETARY. 

9 (a) IN GENERAL.—The Secretary is responsible for 

10 carrying out the Agreement and this title, including the 

11 authority, to be exercised in consultation with the Sec12 retary of State, to accept or reject, on behalf of the United 

13 States, recommendations made by the joint management 

14 committee. 

15 (b) REGULATIONS; COOPERATION WITH CANADIAN

16 OFFICIALS.—In exercising responsibilities under this title, 

17 the Secretary— 

18 (1) may promulgate such regulations as may be 

19 necessary to carry out the purposes and objectives of 

20 the Agreement and this title; and 

21 (2) with the concurrence of the Secretary of 

22 State, may cooperate with officials of the Canadian 

23 Government duly authorized to carry out the Agree24 ment. 


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1 SEC. 608. RULEMAKING. 

2 (a) APPLICATION WITH MAGNUSON-STEVENS ACT.— 

3 The Secretary shall establish the United States catch level 

4 for Pacific whiting according to the standards and proce5 dures of the Agreement and this title rather than under 

6 the standards and procedures of the Magnuson-Stevens 

7 Fishery Conservation Act (16 U.S.C. 1801 et seq.), except 

8 to the extent necessary to address the rebuilding needs 

9 of other species. Except for establishing the catch level, 

10 all other aspects of Pacific whiting management shall be— 

11 (1) subject to the Magnuson-Stevens Fishery 

12 Conservation Act; and 

13 (2) consistent with this title. 

14 (b) JOINT MANAGEMENT COMMITTEE REC15 OMMENDATIONS.—For any year in which both parties to 

16 the Agreement approve recommendations made by the 

17 joint management committee with respect to the catch 

18 level, the Secretary shall implement the approved rec19 ommendations. Any regulation promulgated by the Sec20 retary to implement any such recommendation shall apply, 

21 as necessary, to all persons and all vessels subject to the 

22 jurisdiction of the United States wherever located. 

23 (c) YEARS WITH NO APPROVED CATCH REC24 OMMENDATIONS.—If the parties to the Agreement do not 

25 approve the joint management committee’s recommenda26 tion with respect to the catch level for any year, the SecVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6401 E:\BILLS\S2012.RS S2012

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1 retary shall establish the total allowable catch for Pacific 

2 whiting for the United States catch. In establishing the 

3 total allowable catch under this subsection, the Secretary 

4 shall— 

5 (1) take into account any recommendations 

6 from the Pacific Fishery Management Council, the 

7 joint management committee, the joint technical 

8 committee, the scientific review group, and the advi9 sory panel; 

10 (2) base the total allowable catch on the best 

11 scientific information available; 

12 (3) use the default harvest rate set out in para13 graph 1 of Article III of the Agreement unless the 

14 Secretary determines that the scientific evidence 

15 demonstrates that a different rate is necessary to 

16 sustain the offshore whiting resource; and 

17 (4) establish the United State’s share of the 

18 total allowable catch based on paragraph 2 of Article 

19 III of the Agreement and make any adjustments 

20 necessary under section 5 of Article II of the Agree21 ment. 

22 SEC. 609. ADMINISTRATIVE MATTERS. 

23 (a) EMPLOYMENT STATUS.—Except for an individual 

24 who is an employee (as defined in section 2103 of title 

25 5, United States Code), without regard to an appointment 


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1 under this title, an individual appointed as a United States 

2 representative under section 603(a), an alternate United 

3 States representative under section 603(b), a scientific ex4 pert under section 604(a) or 605(a), or a member of the 

5 advisory panel under section 606(a) (other than an indi6 vidual described in subsection (b)(2)) shall not be consid7 ered to be a Federal employee while serving as such a rep8 resentative, alternate representative, scientific expert, or 

9 member, except for purposes of injury compensation or 

10 tort claims liability as provided in chapter 81 of title 5 

11 and chapter 171 of title 28, United States Code. 

12 (b) COMPENSATION.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), an individual appointed under this title 

15 shall receive no compensation for the individual’s 

16 service as a representative, alternate representative, 

17 scientific expert, or advisory panel member under 

18 this title. 

19 (2) SCIENTIFIC REVIEW GROUP.—Notwith20 standing paragraph (1), the Secretary may employ 

21 and fix the compensation of an individual appointed 

22 under section 604(a) to serve as a scientific expert 

23 on the scientific review group who is not employed 

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1 ment, or an Indian tribal government in accordance 

2 with section 3109 of title 5, United States Code. 

3 (c) TRAVEL EXPENSES.—Except as provided in sub4 section (d), the Secretary shall pay the necessary travel 

5 expenses of individuals appointed under this title in ac6 cordance with the Federal Travel Regulations and sections 

7 5701, 5702, 5704 through 5708, and 5731 of title 5, 

8 United States Code. 

9 (d) JOINT APPOINTEES.—With respect to the 2 inde10 pendent members of the scientific review group and the 

11 2 public advisors to the scientific review group jointly ap12 pointed under section 604(c), and the 1 independent mem13 ber to the joint technical committee jointly appointed 

14 under section 605(b), the Secretary may pay up to 50 per15 cent of— 

16 (1) any compensation paid to such individuals; 

17 and 

18 (2) the necessary travel expenses of such indi19 viduals. 

20 SEC. 610. ENFORCEMENT. 

21 (a) IN GENERAL.—The Secretary may— 

22 (1) administer and enforce this title and any 

23 regulations issued under this title; 

24 (2) request and utilize on a reimbursed or non25 reimbursed basis the assistance, services, personnel, 


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1 equipment, and facilities of other Federal depart2 ments and agencies in the administration and en3 forcement of this title; and 

4 (3) collect, utilize, and disclose such informa5 tion as may be necessary to implement the Agree6 ment and this title, subject to sections 552 and 552a 

7 of title 5, United States Code. 

8 (b) PROHIBITED ACTS.—It is unlawful for any per9 son to violate any provision of this title or the regulations 

10 promulgated under this title. 

11 (c) ACTIONS BY THE SECRETARY.—The Secretary 

12 shall prevent any person from violating this title in the 

13 same manner, by the same means, and with the same ju14 risdiction, powers, and duties as though all applicable 

15 terms and provisions of the Magnuson-Stevens Fishery 

16 Conservation Act (16 U.S.C. 1857) were incorporated into 

17 and made a part of this title. Any person that violates 

18 any provision of this title is subject to the penalties and 

19 entitled to the privileges and immunities provided in the 

20 Magnuson-Stevens Fishery Conservation Act in the same 

21 manner, by the same means, and with the same jurisdic22 tion, power, and duties as though all applicable terms and 

23 provisions of that Act were incorporated into and made 

24 a part of this title. 


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1 (d) PENALTIES.—This title shall be enforced by the 

2 Secretary as if a violation of this title or of any regulation 

3 promulgated by the Secretary under this title were a viola4 tion of section 307 of the Magnuson-Stevens Fishery Con5 servation Act (16 U.S.C. 1857). 

6 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Sec8 retary such sums as may be necessary to carry out the 

9 obligations of the United States under the Agreement and 

10 this title. 

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

12 (a) SHORT TITLE.—This Act may be cited as the 

13 ‘‘Magnuson-Stevens Fishery Conservation and Management 

14 Reauthorization Act of 2005’’. 

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

16 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Act. 

Sec. 3. Changes in findings and definitions. 

Sec. 4. Highly migratory species. 

Sec. 5. Total allowable level of foreign fishing. 

Sec. 6. Western Pacific Sustainable Fisheries Fund. 

Sec. 7. Authorization of appropriations. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Cumulative impacts. 

Sec. 102. Caribbean Council jurisdiction. 

Sec. 103. Regional fishery management councils. 

Sec. 104. Fishery management plan requirements. 

Sec. 105. Fishery management plan discretionary provisions. 

Sec. 106. Limited access privilege programs. 

Sec. 107. Environmental review process. 

Sec. 108. Emergency regulations. 

Sec. 109. Western Pacific community development. 

Sec. 110. Western Alaska Community Development Quota Program. 


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Sec. 111. Secretarial action on State groundfish fishing. 

Sec. 112. Joint enforcement agreements. 

Sec. 113. Transition to sustainable fisheries. 

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

Sec. 115. Fishery finance program hurricane assistance. 

Sec. 116. Shrimp fisheries hurricane assistance program. 

Sec. 117. Bycatch reduction engineering program. 

Sec. 118. Community-based restoration program for fishery and coastal habitats. 

Sec. 119. Prohibited acts. 

Sec. 120. Enforcement. 

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. 

Sec. 210. Regional ecosystem research. 

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

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

Sec. 213. Shrimp and oyster fisheries and habitats. 

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. 


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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. 

1 SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

2 CONSERVATION AND MANAGEMENT ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or repeal of, a section or other provision, 

6 the reference shall be considered to be made to a section or 

7 other provision of the Magnuson-Stevens Fishery Conserva8 tion and Management Act (16 U.S.C. 1801 et seq.). 

9 SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS. 

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

11 is amended by adding at the end the following: 

12 ‘‘(11) A number of the Fishery Management 

13 Councils have demonstrated significant progress in 

14 integrating ecosystem considerations in fisheries man15 agement using the existing authorities provided under 

16 this Act.’’. 

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

18 amended— 


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1 (1) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(6A) The term ‘confidential information’ 

4 means— 

5 ‘‘(A) trade secrets; or 

6 ‘‘(B) commercial or financial information 

7 the disclosure of which is likely to result in sub8 stantial harm to the competitive position of the 

9 person who submitted the information to the Sec10 retary.’’; 

11 (2) by inserting after paragraph (13) the fol12 lowing: 

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

14 means an association formed for the mutual benefit of 

15 members— 

16 ‘‘(A) to meet social and economic needs in 

17 a region or subregion; and 

18 ‘‘(B) comprised of persons engaging in the 

19 harvest or processing of fishery resources in that 

20 specific region or subregion or who otherwise 

21 own or operate businesses substantially depend22 ent upon a fishery.’’; 

23 (3) by inserting after paragraph (20) the fol24 lowing: 

25 ‘‘(20A) The term ‘import’— 


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1 ‘‘(A) means to land on, bring into, or intro2 duce into, or attempt to land on, bring into, or 

3 introduce into, any place subject to the jurisdic4 tion of the United States, whether or not such 

5 landing, bringing, or introduction constitutes an 

6 importation within the meaning of the customs 

7 laws of the United States; but 

8 ‘‘(B) does not include any activity described 

9 in subparagraph (A) with respect to fish caught 

10 in the exclusive economic zone or by a vessel of 

11 the United States.’’; 

12 (4) by inserting after paragraph (23) the fol13 lowing: 

14 ‘‘(23A) The term ‘limited access privilege’— 

15 ‘‘(A) means a Federal permit, issued as 

16 part of a limited access system under section 

17 303A to harvest a quantity of fish that may be 

18 received or held for exclusive use by a person; 

19 and 

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

21 but 

22 ‘‘(C) does not include community develop23 ment quotas as described in section 305(i).’’; and 

24 (5) by inserting after paragraph (27) the fol25 lowing: 


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1 ‘‘(27A) The term ‘observer information’ means 

2 any information collected, observed, retrieved, or cre3 ated by an observer or electronic monitoring system 

4 pursuant to authorization by the Secretary, or col5 lected as part of a cooperative research initiative, in6 cluding fish harvest or processing observations, fish 

7 sampling or weighing data, vessel logbook data, vessel 

8 or processor-specific information (including any safe9 ty, location, or operating condition observations), and 

10 video, audio, photographic, or written documents.’’. 

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

12 section 3 (16 U.S.C. 1802), as amended by subsection (a), 

13 are redesignated as paragraphs (1) thorough (50), respec14 tively. 

15 (d) CONFORMING AMENDMENTS.— 

16 (1) The following provisions of the Act are 

17 amended by striking ‘‘an individual fishing quota’’ 

18 and inserting ‘‘a limited access privilege’’: 

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

20 1881a(b)(1)(D)). 

21 (B) Section 407(a)(1)(D) and (c)(1) (16 

22 U.S.C. 1883(a)(1)(D); (c)(1)). 

23 (2) The following provisions of the Act are 

24 amended by striking ‘‘individual fishing quota’’ and 

25 inserting ‘‘limited access privilege’’: 


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

2 1854(c)(3)). 

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

4 1854(d)(2)(A)(i)). 

5 (C) Section 407(c)(2)(B) (16 U.S.C. 

6 1883(c)(2)(B)). 

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

8 amended by striking ‘‘individual fishing quotas,’’ and 

9 inserting ‘‘limited access privileges,’’. 

10 SEC. 4. HIGHLY MIGRATORY SPECIES. 

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

12 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

13 ‘‘The’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(b) TRADITIONAL PARTICIPATION.—For fisheries 

16 being managed under an international fisheries agreement 

17 to which the United States is a party, Council or Secre18 tarial action, if any, shall reflect traditional participation 

19 in the fishery, relative to other Nations, by fishermen of the 

20 United States on fishing vessels of the United States. 

21 ‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If a rel22 evant international fisheries organization does not have a 

23 process for developing a formal plan to rebuild a depleted 

24 stock, an overfished stock, or a stock that is approaching 

25 a condition of being overfished, the provisions of this Act 


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1 in this regard shall be communicated to and promoted by 

2 the United States in the international or regional fisheries 

3 organization.’’. 

4 SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING. 

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

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

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

8 or will not,’’; 

9 (3) by inserting after ‘‘Act.’’ the following: ‘‘Allo10 cations of the total allowable level of foreign fishing 

11 are discretionary, except that the total allowable level 

12 shall be zero for fisheries determined by the Secretary 

13 to have adequate or excess harvest capacity.’’ 

14 SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND. 

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

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

17 received in support of conservation and management 

18 objectives under a marine conservation plan’’ after 

19 ‘‘agreement’’ in paragraph (7); 

20 (2) by striking ‘‘authority, after payment of di21 rect costs of the enforcement action to all entities in22 volved in such action,’’ in paragraph (8); and 

23 (3) by inserting after ‘‘paragraph (4).’’ in para24 graph (8) the following: ‘‘In the case of violations by 

25 foreign vessels occurring within the exclusive economic 


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1 zones off Midway Atoll, Johnston Atoll, Kingman 

2 Reef, Palmyra Atoll, Jarvis, Howland, Baker, and 

3 Wake Islands, amounts received by the Secretary at4 tributable to fines and penalties imposed under this 

5 Act, shall be deposited into the Western Pacific Sus6 tainable Fisheries Fund established under paragraph 

7 (7) of this subsection.’’. 

8 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 4 (16 U.S.C. 1803) is amended to read as fol10 lows: 

11 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to the Sec13 retary to carry out the provisions of this Act— 

14 ‘‘(1) $328,004,000 for fiscal year 2006; and 

15 ‘‘(2) such sums as may be necessary for fiscal 

16 years 2007 through 2012.’’. 

17 TITLE I—CONSERVATION AND 

18 MANAGEMENT 

19 SEC. 101. CUMULATIVE IMPACTS. 

20 (a) NATIONAL STANDARDS.—Section 301(a)(8) (16 

21 U.S.C. 1851(a)(8)) is amended by inserting ‘‘by utilizing 

22 economic and social data and assessment methods based on 

23 the best economic and social information available,’’ after 

24 ‘‘fishing communities’’. 


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1 (b) CONTENTS OF PLANS.—Section 303(a)(9) (16 

2 U.S.C. 1853(a)(9)) is amended by striking ‘‘describe the 

3 likely effects, if any, of the conservation and management 

4 measures on—’’ and inserting ‘‘analyze the likely effects, 

5 if any, including the cumulative economic and social im6 pacts, of the conservation and management measures on, 

7 and possible mitigation measures for—’’. 

8 SEC. 102. CARIBBEAN COUNCIL JURISDICTION. 

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

10 amended by inserting ‘‘and of commonwealths, territories, 

11 and possessions of the United States in the Caribbean Sea’’ 

12 after ‘‘seaward of such States’’. 

13 SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS. 

14 (a) TRIBAL ALTERNATE ON PACIFIC COUNCIL.—Sec15 tion 302(b)(5) (16 U.S.C. 1852(b)(5)) is amended by adding 

16 at the end thereof the following: 

17 ‘‘(D) The tribal representative appointed under sub18 paragraph (A) may designate as an alternate, during the 

19 period of the representative’s term, an individual knowl20 edgeable concerning tribal rights, tribal law, and the fishery 

21 resources of the geographical area concerned.’’. 

22 (b) SCIENTIFIC AND STATISTICAL COMMITTEES.—Sec23 tion 302(g) (16 U.S.C. 1852(g)) is amended— 

24 (1) by striking so much of subsection (g) as pre25 cedes paragraph (2) and inserting the following: 


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1 ‘‘(g) COMMITTEES AND ADVISORY PANELS.— 

2 ‘‘(1)(A) Each Council shall establish, maintain, 

3 and appoint the members of a scientific and statis4 tical committee to assist it in the development, collec5 tion, evaluation, and peer review of such statistical, 

6 biological, economic, social, and other scientific infor7 mation as is relevant to such Council’s development 

8 and amendment of any fishery management plan. 

9 ‘‘(B) Each scientific and statistical committee 

10 shall provide its Council ongoing scientific advice for 

11 fishery management decisions, including rec12 ommendations for acceptable biological catch or max13 imum sustainable yield, and reports on stock status 

14 and health, bycatch, habitat status, socio-economic 

15 impacts of management measures, and sustainability 

16 of fishing practices. 

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

18 scientific and statistical committees shall be Federal 

19 employees, State employees, academicians, or inde20 pendent experts with strong scientific or technical cre21 dentials and experience. 

22 ‘‘(D) The Secretary and each Council may estab23 lish a peer review process for that Council for sci24 entific information used to advise the Council about 

25 the conservation and management of the fishery. The 


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1 review process, which may include existing commit2 tees or panels, is deemed to satisfy the requirements 

3 of the guidelines issued pursuant to section 515 of the 

4 Treasury and General Government Appropriations 

5 Act for Fiscal year 2001 (Public Law 106–554—Ap6 pendix C; 114 Stat. 2763A–153). 

7 ‘‘(E) In addition to the provisions of section 

8 302(f)(7), the Secretary may pay a stipend to mem9 bers of the scientific and statistical committees or ad10 visory panels who are not employed by the Federal 

11 government or a State marine fisheries agency.’’; 

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

13 (3) by resetting the left margin of paragraphs 

14 (2) through (5) 2 ems from the left. 

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

16 1852(h)) is amended— 

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

18 (5) and inserting ‘‘authority;’’; 

19 (2) by redesignating paragraph (6) as para20 graph (7); and 

21 (3) by inserting after paragraph (5) the fol22 lowing: 

23 ‘‘(6) adopt annual catch limits for each of its 

24 managed fisheries after considering the recommenda25 tions of its scientific and statistical committee or the 


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1 peer review process established under subsection (g); 

2 and’’. 

3 (d) REGULAR AND EMERGENCY MEETINGS.—The first 

4 sentence of section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) 

5 is amended— 

6 (1) by striking ‘‘published in local newspapers’’ 

7 and inserting ‘‘provided by any means that will re8 sult in wide publicity (except that e-mail notification 

9 and website postings alone are not sufficient)’’; and 

10 (2) by striking ‘‘fishery) and such notice may be 

11 given by such other means as will result in wide pub12 licity.’’ and inserting ‘‘fishery).’’. 

13 (e) CLOSED MEETINGS.—Section 302(i)(3)(B) (16 

14 U.S.C. 1852(i)(3)(B)) is amended by striking ‘‘notify local 

15 newspapers’’ and inserting ‘‘provide notice by any means 

16 that will result in wide publicity’’. 

17 (f) TRAINING.—Section 302 (16 U.S.C. 1852) is 

18 amended by adding at the end the following: 

19 ‘‘(k) COUNCIL TRAINING PROGRAM.— 

20 ‘‘(1) TRAINING COURSE.—Within 6 months after 

21 the date of enactment of the Magnuson-Stevens Fish22 ery Conservation and Management Reauthorization 

23 Act of 2005, the Secretary, in consultation with the 

24 Councils and the National Sea Grant College Pro25 gram, shall develop a training course for newly apVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 pointed Council members. The course may cover a va2 riety of topics relevant to matters before the Councils, 

3 including— 

4 ‘‘(A) fishery science and basic stock assess5 ment methods; 

6 ‘‘(B) fishery management techniques, data 

7 needs, and Council procedures; 

8 ‘‘(C) social science and fishery economics; 

9 ‘‘(D) tribal treaty rights and native cus10 toms, access, and other rights related to Western 

11 Pacific indigenous communities; 

12 ‘‘(E) legal requirements of this Act, includ13 ing conflict of interest and disclosure provisions 

14 of this section and related policies; 

15 ‘‘(F) other relevant legal and regulatory re16 quirements, including the National Environ17 mental Policy Act (42 U.S.C. 4321 et seq.); 

18 ‘‘(G) public process for development of fish19 ery management plans; and 

20 ‘‘(H) other topics suggested by the Council. 

21 ‘‘(2) MEMBER TRAINING.—The training course 

22 shall be available to both new and existing Council 

23 members, and may be made available to committee or 

24 advisory panel members as resources allow. 


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1 ‘‘(l) COUNCIL COORDINATION COMMITTEE.—The 

2 Councils may establish a Council coordination committee 

3 consisting of the chairs, vice chairs, and executive directors 

4 of each of the 8 Councils described in subsection (a)(1), or 

5 other Council members or staff, in order to discuss issues 

6 of relevance to all Councils, including issues related to the 

7 implementation of this Act.’’. 

8 (g) PROCEDURAL MATTERS.—Section 302(i) (16 

9 U.S.C. 1852(i)) is amended— 

10 (1) by striking ‘‘to the Councils or to the sci11 entific and statistical committees or advisory panels 

12 established under subsection (g).’’ in paragraph (1) 

13 and inserting ‘‘to the Councils, the Council coordina14 tion committee established under subsection (l), or to 

15 the scientific and statistical committees or other com16 mittees or advisory panels established under sub17 section (g).’’; 

18 (2) by striking ‘‘of a Council, and of the sci19 entific and statistical committee and advisory panels 

20 established under subsection (g):’’ in paragraph (2) 

21 and inserting ‘‘of a Council, of the Council coordina22 tion committee established under subsection (l), and of 

23 the scientific and statistical committees or other com24 mittees or advisory panels established under sub25 section (g):’’; and 


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1 (3) by inserting ‘‘the Council Coordination Com2 mittee established under subsection (1),’’ in para3 graph (3)(A) after ‘‘Council,’’; and 

4 (4) by inserting ‘‘other committee,’’ in para5 graph (3)(A) after ‘‘committee,’’. 

6 (h) CONFLICTS OF INTEREST.—Section 302(j) (16 

7 U.S.C. 1852(j)) is amended— 

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

9 ‘‘processing,’’ in paragraph (2); 

10 (2) by striking ‘‘jurisdiction.’’ in paragraph (2) 

11 and inserting ‘‘jurisdiction, or with respect to any 

12 other individual or organization with a financial in13 terest in such activity.’’; 

14 (3) by striking subparagraph (B) of paragraph 

15 (5) and inserting the following: 

16 ‘‘(B) be kept on file by the Council and made 

17 available on the Internet and for public inspection at 

18 the Council offices during reasonable times; and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(9) On January 1, 2008, and annually thereafter, the 

21 Secretary shall submit a report to the Senate Committee 

22 on Commerce, Science, and Transportation and the House 

23 of Representatives Committee on Resources on action taken 

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1 sure of financial interest and recusal requirements of this 

2 subsection.’’. 

3 (i) GULF OF MEXICO FISHERIES MANAGEMENT COUN4 CIL.—Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amend5 ed— 

6 (1) by redesignating subparagraph (D) as sub7 paragraph (E); and 

8 (2) by inserting after subparagraph (C) the fol9 lowing: 

10 ‘‘(D)(i) The Secretary shall appoint to the Gulf of Mex11 ico Fisheries Management Council— 

12 ‘‘(I) 5 representatives of the commercial fishing 

13 sector; 

14 ‘‘(II) 5 representatives of the recreational fishing 

15 and charter fishing sectors; and 

16 ‘‘(III) 1 other individual who is knowledgeable 

17 regarding the conservation and management of fish18 eries resources in the jurisdiction of the Council. 

19 ‘‘(ii) The Governor of a State submitting a list of 

20 names of individuals for appointment by the Secretary of 

21 Commerce to the Gulf of Mexico Fisheries Management 

22 Council under subparagraph (C) shall include— 

23 ‘‘(I) at least 1 nominee each from the commer24 cial, recreational, and charter fishing sectors; and 


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1 ‘‘(II) at least 1 other individual who is knowl2 edgeable regarding the conservation and management 

3 of fisheries resources in the jurisdiction of the Coun4 cil. 

5 ‘‘(iii) If the Secretary determines that the list of names 

6 submitted by the Governor does not meet the requirements 

7 of clause (ii), the Secretary shall— 

8 ‘‘(I) publish a notice in the Federal Register ask9 ing the residents of that State to submit the names 

10 and pertinent biographical data of individuals who 

11 would meet the requirement not met for appointment 

12 to the Council; and 

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

14 submitted by the public who meets the unmet require15 ment to the list of names submitted by the Governor. 

16 ‘‘(iv) For purposes of clause (ii), an individual who 

17 owns or operates a fish farm outside of the Unites States 

18 shall not be considered to be a representative of the commer19 cial fishing sector.’’. 

20 (j) REPORT AND RECOMMENDATIONS ON GULF COUN21 CIL AMENDMENT.— 

22 (1) IN GENERAL.—Before August, 2011, the Sec23 retary of Commerce, in consultation with the Gulf of 

24 Mexico Fisheries Management Council, shall analyze 

25 the impact of the amendment made by subsection (i) 


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1 and determine whether section 302(b)(2)(D) of the 

2 Magnuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a 

4 fair and balanced apportionment of the active par5 ticipants in the commercial and recreational fisheries 

6 under the jurisdiction of the Council. 

7 (2) REPORT.—By no later than August, 2011, 

8 the Secretary shall transmit a report to the Senate 

9 Committee on Commerce, Science, and Transpor10 tation and the House of Representatives Committee 

11 on Resources setting forth the Secretary’s findings 

12 and determination, including any recommendations 

13 for legislative or other changes that may be necessary 

14 to achieve such a fair and balanced apportionment, 

15 including whether to renew the authority. 

16 SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS. 

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

18 is amended— 

19 (1) striking ‘‘and charter fishing’’ in paragraph 

20 (5) and inserting ‘‘charter fishing, and fish proc21 essing’’; 

22 (2) by inserting ‘‘economic information nec23 essary to meet the requirements of this Act,’’ in para24 graph (5) after ‘‘number of hauls,’’; 


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1 (3) by striking ‘‘fishery’’ the first place it ap2 pears in paragraph (13) and inserting ‘‘fishery, in3 cluding their economic impact,’’; 

4 (4) by striking ‘‘and’’ after the semicolon in 

5 paragraph (13); 

6 (5) by striking ‘‘allocate’’ in paragraph (14) and 

7 inserting ‘‘allocate, taking into consideration the eco8 nomic impact of the harvest restrictions or recovery 

9 benefits on the fishery participants in each sector,’’; 

10 (6) by striking ‘‘fishery.’’ in paragraph (14) and 

11 inserting ‘‘fishery; and’’; and 

12 (7) by adding at the end the following: 

13 ‘‘(15) provide a mechanism for specifying an14 nual catch limits in the plan (including a multiyear 

15 plan), the implementing regulations, or the annual 

16 specifications that shall be established by the Council 

17 or Secretary based on the best scientific information 

18 available at a level that does not exceed optimum 

19 yield, and, for purposes of which harvests exceeding 

20 the specified annual catch limit (including the speci21 fied annual catch limit for a sector) shall either be de22 ducted from the following year’s annual catch limit 

23 (including the annual catch limit for that sector), or 

24 by adjusting other management measures and input 

25 controls such that the fishing mortality rate for the 


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1 following year is reduced to account for the overage 

2 to achieve the overfishing and rebuilding objectives of 

3 the plan for that sector.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a)(5) shall take effect 2 years after the date of enact6 ment of this Act. 

7 SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY 

8 PROVISIONS. 

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

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

11 (2); 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(B) designate such zones in areas where deep 

15 sea corals are identified under section 408, to protect 

16 deep sea corals from physical damage from fishing 

17 gear or to prevent loss or damage to such fishing gear 

18 from interactions with deep sea corals, after consid19 ering long-term sustainable uses of fishery resources 

20 in such areas; and 

21 ‘‘(C) with respect to any closure of an area to all 

22 fisheries managed under this Act, ensure that such 

23 closure— 

24 ‘‘(i) is based on the best scientific informa25 tion available; 


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1 ‘‘(ii) includes criteria to assess the conserva2 tion benefit of the closed area; 

3 ‘‘(iii) establishes a timetable for review of 

4 the closed area’s performance that is consistent 

5 with the purposes of the closed area; and 

6 ‘‘(iv) is based on an assessment of the bene7 fits and impacts of the closure, including its size, 

8 in relation to other management measures (ei9 ther alone or in combination with such meas10 ures), including the benefits and impacts of lim11 iting access to: users of the area, overall fishing 

12 activity, fishery science, and fishery and marine 

13 conservation;’’; 

14 (2) by striking ‘‘fishery;’’ in paragraph (5) and 

15 inserting ‘‘fishery and take into account the different 

16 circumstances affecting fisheries from different States 

17 and port, including distances to fishing grounds and 

18 proximity to time and area closures;’’; 

19 (3) by striking paragraph (6) and inserting the 

20 following: 

21 ‘‘(6) establish a limited access system for the 

22 fishery in order to achieve optimum yield if, in devel23 oping such system, the Council and the Secretary take 

24 into account— 


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1 ‘‘(A) the conservation requirements of this 

2 Act with respect to the fishery; 

3 ‘‘(B) present participation in the fishery; 

4 ‘‘(C) historical fishing practices in, and de5 pendence on, the fishery; 

6 ‘‘(D) the economics of the fishery; 

7 ‘‘(E) the capability of fishing vessels used in 

8 the fishery to engage in other fisheries; 

9 ‘‘(F) the cultural and social framework rel10 evant to the fishery and any affected fishing 

11 communities; 

12 ‘‘(G) the fair and equitable distribution of 

13 access privileges to a public resource; and 

14 ‘‘(H) any other relevant considerations;’’; 

15 (4) by striking ‘‘(other than economic data)’’ in 

16 paragraph (7); 

17 (5) by striking ‘‘and’’ after the semicolon in 

18 paragraph (11); and 

19 (6) by redesignating paragraph (12) as para20 graph (14) and inserting after paragraph (11) the fol21 lowing: 

22 ‘‘(12) establish a process for complying with the 

23 National Environmental Policy Act (42 U.S.C. 4321 

24 et seq.) pursuant to section 304(h) of this Act; 


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1 ‘‘(13) include management measures in the plan 

2 to conserve target and non-target species and habitats, 

3 considering the variety of ecological factors affecting 

4 fishery populations; and’’. 

5 SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS. 

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

7 is amended— 

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

9 (2) by inserting after section 303 the following: 

10 ‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 

11 ‘‘(a) IN GENERAL.—After the date of enactment of the 

12 Magnuson-Stevens Fishery Conservation and Management 

13 Reauthorization Act of 2005, a Council may submit, and 

14 the Secretary may approve, for a fishery that is managed 

15 under a limited access system, a limited access privilege 

16 program to harvest fish if the program meets the require17 ments of this section. 

18 ‘‘(b) NO CREATION OF RIGHT, TITLE, OR INTEREST.— 

19 A limited access system, limited access privilege, quota 

20 share, or other authorization established, implemented, or 

21 managed under this Act— 

22 ‘‘(1) shall be considered a permit for the pur23 poses of sections 307, 308, and 309; 

24 ‘‘(2) may be revoked, limited, or modified at any 

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1 tion for failure to comply with the terms of the plan 

2 or if the system is found to have jeopardized the sus3 tainability of the stock or the safety of fishermen; 

4 ‘‘(3) shall not confer any right of compensation 

5 to the holder of such limited access privilege, quota 

6 share, or other such limited access system authoriza7 tion if it is revoked, limited, or modified; 

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

9 any right, title, or interest in or to any fish before the 

10 fish is harvested by the holder; and 

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

12 the holder of the limited access privilege or quota 

13 share to engage in activities permitted by such lim14 ited access privilege or quota share. 

15 ‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVI16 LEGES.— 

17 ‘‘(1) IN GENERAL.—In addition to complying 

18 with the other requirements of this Act, any limited 

19 access privilege program to harvest fish submitted by 

20 a Council or approved by the Secretary under this 

21 section shall— 

22 ‘‘(A) if established in a fishery that is over23 fished or subject to a rebuilding plan, assist in 

24 its rebuilding; and 


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1 ‘‘(B) if established in a fishery that is deter2 mined by the Secretary or the Council to have 

3 over-capacity, contribute to reducing capacity; 

4 ‘‘(C) promote— 

5 ‘‘(i) the safety of human life at sea; 

6 and 

7 ‘‘(ii) the conservation and management 

8 of the fishery; 

9 ‘‘(D) prohibit any person other than a 

10 United States citizen, a corporation, partner11 ship, or other entity established under the laws 

12 of the United States or any State, or a perma13 nent resident alien, that meets the eligibility and 

14 participation requirements established in the 

15 program from acquiring a privilege to harvest 

16 fish; 

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

18 limited access privilege program be processed by 

19 vessels of the United States, in United States wa20 ters, or on United States soil (including any ter21 ritory of the United States). 

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

23 ‘‘(G) include provisions for the regular 

24 monitoring and review by the Council and the 

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1 cluding determining progress in meeting the 

2 goals of the program and this Act, and any nec3 essary modification of the program to meet those 

4 goals, with a formal and detailed review 5 years 

5 after the establishment of the program and every 

6 5 years thereafter; 

7 ‘‘(H) include an effective system for enforce8 ment, monitoring, and management of the pro9 gram, including the use of observers; 

10 ‘‘(I) include an appeals process for admin11 istrative review of determinations with respect to 

12 the Secretary’s decisions regarding administra13 tion of the limited access privilege program; 

14 ‘‘(J) provide for the establishment by the 

15 Secretary, in consultation with the Department 

16 of Justice and the Federal Trade Commission, 

17 for an information collection and review process 

18 to provide any additional information needed by 

19 the Department of Justice and the Federal Trade 

20 Commission to determine whether any illegal 

21 acts of anti-competition, anti-trust, price collu22 sion, or price fixing have occurred among re23 gional fishery associations or persons receiving 

24 limited access privileges under the program; and 


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1 ‘‘(K) provide for the revocation by the Sec2 retary of limited access privileges held by any 

3 person found to have violated the antitrust laws 

4 of the United States. 

5 ‘‘(2) WAIVER.—The Secretary may waive the re6 quirement of paragraph (1)(E) if the Secretary deter7 mines that— 

8 ‘‘(A) the fishery has historically processed 

9 the fish outside of the United States; and 

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

11 equivalency agreement with the country where 

12 processing will occur (or other assurance that 

13 seafood safety procedures to be used in such proc14 essing are equivalent or superior to the applica15 ble United States seafood safety standards). 

16 ‘‘(3) FISHING COMMUNITIES.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) ELIGIBILITY.—To be eligible to 

19 participate in a limited access privilege 

20 program to harvest fish, a fishing commu21 nity shall— 

22 ‘‘(I) be located within the man23 agement area of the relevant Council; 

24 ‘‘(II) meet criteria developed by 

25 the relevant Council, approved by the 


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1 Secretary, and published in the Fed2 eral Register; 

3 ‘‘(III) consist of residents who 

4 conduct commercial or recreational 

5 fishing, processing, or fishery-depend6 ent support businesses within the 

7 Council’s management area; and 

8 ‘‘(IV) develop and submit a com9 munity sustainability plan to the 

10 Council and the Secretary that dem11 onstrates how the plan will address the 

12 social and economic development needs 

13 of fishing communities, including those 

14 that have not historically had the re15 sources to participate in the fishery, 

16 for approval based on criteria devel17 oped by the Council that have been ap18 proved by the Secretary and published 

19 in the Federal Register. 

20 ‘‘(ii) FAILURE TO COMPLY WITH

21 PLAN.—The Secretary shall deny limited 

22 access privileges granted under this section 

23 for any person who fails to comply with the 

24 requirements of the plan. 


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1 ‘‘(B) PARTICIPATION CRITERIA.—In devel2 oping participation criteria for eligible commu3 nities under this paragraph, a Council shall con4 sider— 

5 ‘‘(i) traditional fishing or processing 

6 practices in, and dependence on, the fishery; 

7 ‘‘(ii) the cultural and social framework 

8 relevant to the fishery; 

9 ‘‘(iii) economic barriers to access to 

10 fishery; 

11 ‘‘(iv) the existence and severity of pro12 jected economic and social impacts associ13 ated with implementation of limited access 

14 privilege programs on harvesters, captains, 

15 crew, processors, and other businesses sub16 stantially dependent upon the fishery in the 

17 region or subregion; 

18 ‘‘(v) the expected effectiveness, oper19 ational transparency, and equitability of 

20 the community sustainability plan; and 

21 ‘‘(vi) the potential for improving eco22 nomic conditions in remote coastal commu23 nities lacking resources to participate in 

24 harvesting or processing activities in the 

25 fishery. 


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1 ‘‘(4) REGIONAL FISHERY ASSOCIATIONS.— 

2 ‘‘(A) IN GENERAL.—To be eligible to par3 ticipate in a limited access privilege program to 

4 harvest fish, a regional fishery association 

5 shall— 

6 ‘‘(i) be located within the management 

7 area of the relevant Council; 

8 ‘‘(ii) meet criteria developed by the rel9 evant Council, approved by the Secretary, 

10 and published in the Federal Register; 

11 ‘‘(iii) be a voluntary association with 

12 established by-laws and operating proce13 dures consisting of participants in the fish14 ery, including commercial or recreational 

15 fishing, processing, fishery-dependent sup16 port businesses, or fishing communities; and 

17 ‘‘(iv) develop and submit a regional 

18 fishery association plan to the Council and 

19 the Secretary for approval based on criteria 

20 developed by the Council that have been ap21 proved by the Secretary and published in 

22 the Federal Register. 

23 ‘‘(B) FAILURE TO COMPLY WITH PLAN.— 

24 The Secretary shall deny limited access privi25 leges granted under this section for any person 


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1 who fails to comply with the requirements of the 

2 plan. 

3 ‘‘(C) PARTICIPATION CRITERIA.—In devel4 oping participation criteria for eligible regional 

5 fishery associations under this paragraph, a 

6 Council shall consider— 

7 ‘‘(i) traditional fishing or processing 

8 practices in, and dependence on, the fishery; 

9 ‘‘(ii) the cultural and social framework 

10 relevant to the fishery; 

11 ‘‘(iii) economic barriers to access to 

12 fishery; 

13 ‘‘(iv) the existence and severity of pro14 jected economic and social impacts associ15 ated with implementation of limited access 

16 privilege programs on harvesters, captains, 

17 crew, processors, and other businesses sub18 stantially dependent upon the fishery in the 

19 region or subregion, upon the administra20 tive and fiduciary soundness of the associa21 tion and its by-laws; and 

22 ‘‘(v) the expected effectiveness, oper23 ational transparency, and equitability of 

24 the fishery association plan. 


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1 ‘‘(5) ALLOCATION.—In developing a limited ac2 cess privilege program to harvest fish a Council or the 

3 Secretary shall— 

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

5 equitable initial allocations, including consider6 ation of— 

7 ‘‘(i) current and historical harvests; 

8 ‘‘(ii) employment in the harvesting 

9 and processing sectors; 

10 ‘‘(iii) investments in, and dependence 

11 upon, the fishery; and 

12 ‘‘(iv) the current and historical par13 ticipation of fishing communities; 

14 ‘‘(B) to the extent practicable, consider the 

15 basic cultural and social framework of the fish16 ery, especially through the development of poli17 cies to promote the sustained participation of 

18 small owner-operated fishing vessels and fishing 

19 communities that depend on the fisheries, includ20 ing regional or port-specific landing or delivery 

21 requirements; 

22 ‘‘(C) include measures to assist, when nec23 essary and appropriate, entry-level and small 

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1 tions, including providing privileges and, where 

2 appropriate, recommending the provision of eco3 nomic assistance in the purchase of limited ac4 cess privileges to harvest fish; 

5 ‘‘(D) ensure that limited access privilege 

6 holders do not acquire an excessive share of the 

7 total limited access privileges in the program 

8 by— 

9 ‘‘(i) establishing a maximum share, ex10 pressed as a percentage of the total limited 

11 access privileges, that a limited access privi12 lege holder is permitted to hold, acquired, or 

13 use; and 

14 ‘‘(ii) establishing any other limitations 

15 or measures necessary to prevent an inequi16 table concentration of limited access privi17 leges; 

18 ‘‘(E) establish procedures to address geo19 graphic or other consolidation in both the har20 vesting and processing sectors of the fishery; and 

21 ‘‘(F) authorize limited access privileges to 

22 harvest fish to be held, acquired, or used by or 

23 issued under the system to persons who substan24 tially participate in the fishery, as specified by 

25 the Council, including, as appropriate, fishing 


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1 vessel owners, vessel captains, vessel crew mem2 bers, fishing communities, and regional fishery 

3 associations. 

4 ‘‘(6) PROGRAM INITIATION.— 

5 ‘‘(A) LIMITATION.—Except as provided in 

6 subparagraph (D), a Council may initiate a 

7 fishery management plan or amendment to es8 tablish a limited access privilege program to 

9 harvest fish on its own initiative or if the Sec10 retary has certified an appropriate petition. 

11 ‘‘(B) PETITION.—A group of fishermen con12 stituting more than 50 percent of the permit 

13 holders, or holding more than 50 percent of the 

14 allocation, in the fishery for which a limited ac15 cess privilege program to harvest fish is sought, 

16 may submit a petition to the Secretary request17 ing that the relevant Council or Councils with 

18 authority over the fishery be authorized to ini19 tiate the development of the program. Any such 

20 petition shall clearly state the fishery to which 

21 the limited access privilege program would 

22 apply. For multispecies permits in the Gulf, only 

23 those participants who have substantially fished 

24 the species proposed to be included in the limited 

25 access program shall be eligible to sign a petition 


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1 for such a program and shall serve as the basis 

2 for determining the percentage described in the 

3 first sentence of this subparagraph. 

4 ‘‘(C) CERTIFICATION BY SECRETARY.— 

5 Upon the receipt of any such petition, the Sec6 retary shall review all of the signatures on the 

7 petition and, if the Secretary determines that the 

8 signatures on the petition represent more than 

9 50 percent of the permit holders, or holders of 

10 more than 50 percent of the allocation in the 

11 fishery, as described by subparagraph (B), the 

12 Secretary shall certify the petition to the appro13 priate Council or Councils. 

14 ‘‘(D) NEW ENGLAND AND GULF REF15 ERENDUM.— 

16 ‘‘(i) Except as provided in clause (iii) 

17 for the Gulf of Mexico commercial red snap18 per fishery, the New England and Gulf 

19 Councils may not submit, and the Secretary 

20 may not approve or implement, a fishery 

21 management plan or amendment that cre22 ates an individual fishing quota program, 

23 including a Secretarial plan, unless such a 

24 system, as ultimately developed, has been 

approved by more than 2 25 ⁄3 of those voting in 


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1 a referendum among eligible permit holders 

2 with respect to the New England Council, 

3 and by a majority of those voting in the ref4 erendum among eligible permit holders with 

5 respect to the Gulf Council. For multispecies 

6 permits in the Gulf, only those participants 

7 who have substantially fished the species 

8 proposed to be included in the individual 

9 fishing quota program shall be eligible to 

10 vote in such a referendum. If an individual 

11 fishing quota program fails to be approved 

12 by the requisite number of those voting, it 

13 may be revised and submitted for approval 

14 in a subsequent referendum. 

15 ‘‘(ii) The Secretary shall conduct a ref16 erendum under this subparagraph, includ17 ing notifying all persons eligible to partici18 pate in the referendum and making avail19 able to them information concerning the 

20 schedule, procedures, and eligibility require21 ments for the referendum process and the 

22 proposed individual fishing quota program. 

23 Within 1 year after the date of enactment 

24 of the Magnuson-Stevens Fishery Conserva25 tion and Management Reauthorization Act 


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1 of 2005, the Secretary shall publish guide2 lines and procedures to determine proce3 dures and voting eligibility requirements for 

4 referenda and to conduct such referenda in 

5 a fair and equitable manner. 

6 ‘‘(iii) The provisions of section 407(c) 

7 of this Act shall apply in lieu of this sub8 paragraph for an individual fishing quota 

9 program for the Gulf of Mexico commercial 

10 red snapper fishery. 

11 ‘‘(iv) Chapter 35 of title 44, United 

12 States Code, (commonly known as the Pa13 perwork Reduction Act) does not apply to 

14 the referenda conducted under this subpara15 graph. 

16 ‘‘(7) TRANSFERABILITY.—In establishing a lim17 ited access privilege program, a Council shall— 

18 ‘‘(A) establish a policy on the transfer19 ability of limited access privilege shares (through 

20 sale or lease), including a policy on any condi21 tions that apply to the transferability of limited 

22 access privilege shares that is consistent with the 

23 policies adopted by the Council for the fishery 

24 under paragraph (3); and 


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1 ‘‘(B) establish criteria for the approval and 

2 monitoring of transfers (including sales and 

3 leases) of limited access privilege shares. 

4 ‘‘(8) PREPARATION AND IMPLEMENTATION OF

5 SECRETARIAL PLANS.—This subsection also applies to 

6 a plan prepared and implemented by the Secretary 

7 under section 304(g). 

8 ‘‘(9) ANTITRUST SAVINGS CLAUSE.—Nothing in 

9 this Act shall be construed to modify, impair, or su10 persede the operation of any of the antitrust laws. For 

11 purposes of the preceding sentence, the term ‘antitrust 

12 laws’ has the meaning given such term in subsection 

13 (a) of the first section of the Clayton Act, except that 

14 such term includes section 5 of the Federal Trade 

15 Commission Act to the extent that such section 5 ap16 plies to unfair methods of competition. 

17 ‘‘(d) AUCTION AND OTHER PROGRAMS.—In estab18 lishing a limited access privilege program, a Council may 

19 consider, and provide for, if appropriate, an auction system 

20 or other program to collect royalties for the initial, or any 

21 subsequent, distribution of allocations in a limited access 

22 privilege program if— 

23 ‘‘(1) the system or program is administered in 

24 such a way that the resulting distribution of limited 


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1 access privilege shares meets the program require2 ments of subsection (c)(3)(A); and 

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

4 program are deposited in the Limited Access System 

5 Administration Fund established by section 

6 305(h)(5)(B) and available subject to annual appro7 priations. 

8 ‘‘(e) COST RECOVERY.—In establishing a limited ac9 cess privilege program, a Council shall— 

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

11 identify and assess the management, data collection 

12 and analysis, and enforcement programs that are di13 rectly related to and in support of the program; and 

14 ‘‘(2) provide, under section 304(d)(2), for a pro15 gram of fees paid by limited access privilege holders 

16 that will cover the costs of management, data collec17 tion and analysis, and enforcement activities. 

18 ‘‘(f) LIMITED DURATION.—In establishing a limited 

19 access privilege program after the date of enactment of the 

20 Magnuson-Stevens Fishery Conservation and Management 

21 Reauthorization Act of 2005, a Council may establish— 

22 ‘‘(1) a set term after which any initial or subse23 quent allocation of a limited access privilege shall ex24 pire; 


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1 ‘‘(2) different set terms within a fishery if the 

2 Council determines that variation of terms will fur3 ther management goals; and 

4 ‘‘(3) a mechanism under which participants in 

5 and entrants to the program may acquire or reac6 quire allocations. 

7 ‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PUR8 CHASE PROGRAM.— 

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

10 the Secretary may approve and implement, a pro11 gram which reserves up to 25 percent of any fees col12 lected from a fishery under section 304(d)(2) to be 

13 used, pursuant to section 1104A(a)(7) of the Merchant 

14 Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 

15 issue obligations that aid in financing— 

16 ‘‘(A) the purchase of limited access privi17 leges in that fishery by fishermen who fish from 

18 small vessels; and 

19 ‘‘(B) the first-time purchase of limited ac20 cess privileges in that fishery by entry level fish21 ermen. 

22 ‘‘(2) ELIGIBILITY CRITERIA.—A Council making 

23 a submission under paragraph (1) shall recommend 

24 criteria, consistent with the provisions of this Act, 

25 that a fisherman must meet to qualify for guarantees 


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1 under subparagraphs (A) and (B) of paragraph (1) 

2 and the portion of funds to be allocated for guarantees 

3 under each subparagraph. 

4 ‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND

5 PROGRAMS.—Nothing in this Act, or the amendments made 

6 by the Magnuson-Stevens Fishery Conservation and Man7 agement Reauthorization Act of 2005, shall be construed to 

8 require a reallocation of individual quota shares, processor 

9 quota shares, cooperative programs, or other quota pro10 grams, including sector allocation, under development or 

11 submitted by a Council or approved by the Secretary or 

12 by Congressional action before the date of enactment of the 

13 Magnuson-Stevens Fishery Conservation and Management 

14 Reauthorization Act of 2005.’’. 

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

16 1854(d)(2)(A)) is amended by striking ‘‘management and 

17 enforcement’’ and inserting ‘‘management, data collection, 

18 and enforcement’’. 

19 (c) INVESTMENT IN UNITED STATES SEAFOOD PROC20 ESSING FACILITIES.—The Secretary of Commerce shall 

21 work with the Small Business Administration and other 

22 Federal agencies to develop financial and other mechanisms 

23 to encourage United States investment in seafood processing 

24 facilities in the United States for fisheries that lack capac25 ity needed to process fish harvested by United States vessels 


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1 in compliance with the Magnuson—Stevens Fishery Con2 servation and Management Act (16 U.S.C. 1801 et seq.). 

3 (d) CONFORMING AMENDMENT.—Section 

4 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended by 

5 striking ‘‘section 305(h)(5)(B)’’ and all that follows and in6 serting ‘‘section 305(h)(5)(B).’’. 

7 (e) APPLICATION WITH AMERICAN FISHERIES ACT.— 

8 Nothing in section 303A of the Magnuson-Stevens Fishery 

9 Conservation and Management Act (16 U.S.C. 1801 et seq.), 

10 as added by subsection (a), shall be construed to modify 

11 or supersede any provision of the American Fisheries Act 

12 (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et alia). 

13 SEC. 107. ENVIRONMENTAL REVIEW PROCESS. 

14 Section 304 (16 U.S.C. 1854) is amended by adding 

15 at the end the following: 

16 ‘‘(i) ENVIRONMENTAL REVIEW PROCESS.— 

17 ‘‘(1) PROCEDURES.—The Secretary shall, in con18 sultation with the Councils and the Council on Envi19 ronmental Quality, revise and update agency proce20 dures for compliance with the National Environ21 mental Policy Act (42 U.S.C. 4231 et seq.). The pro22 cedures shall— 

23 ‘‘(A) conform to the time lines for review 

24 and approval of fishery management plans and 

25 plan amendments under this section; and 


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1 ‘‘(B) integrate applicable environmental an2 alytical procedures, including the time frames 

3 for public input, with the procedure for the prep4 aration and dissemination of fishery manage5 ment plans, plan amendments, and other actions 

6 taken or approved pursuant to this Act in order 

7 to provide for timely, clear and concise analysis 

8 that is useful to decision makers and the public, 

9 reduce extraneous paperwork, and effectively in10 volve the public. 

11 ‘‘(2) USAGE.—The updated agency procedures 

12 promulgated in accordance with this section used by 

13 the Councils or the Secretary shall be the sole environ14 mental impact assessment procedure for fishery man15 agement plans, amendments, regulations, or other ac16 tions taken or approved pursuant to this Act. 

17 ‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL

18 PROCEDURES.—The Secretary shall— 

19 ‘‘(A) propose revised procedures within 12 

20 months after the date of enactment of the Magnu21 son-Stevens Fishery Conservation and Manage22 ment Reauthorization Act of 2005; 

23 ‘‘(B) provide 90 days for public review and 

24 comments; and 


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1 ‘‘(C) promulgate final procedures no later 

2 than 18 months after the date of enactment of 

3 that Act. 

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

5 authorized and directed, in cooperation with the 

6 Council on Environmental Quality and the Councils, 

7 to involve the affected public in the development of re8 vised procedures, including workshops or other appro9 priate means of public involvement.’’. 

10 SEC. 108. EMERGENCY REGULATIONS. 

11 (a) LENGTHENING OF SECOND EMERGENCY PE12 RIOD.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is 

13 amended by striking ‘‘180 days,’’ and inserting ‘‘186 

14 days,’’. 

15 (b) TECHNICAL AMENDMENT.—Section 305(c)(3)(D) 

16 (16 U.S.C. 1855(c)(3)(D)) is amended by inserting ‘‘or in17 terim measures’’ after ‘‘emergency regulations’’. 

18 SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT. 

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

20 at the end thereof the following: 

21 ‘‘(j) WESTERN PACIFIC REGIONAL MARINE EDU22 CATION AND TRAINING.— 

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

24 a pilot program for regionally-based marine edu25 cation and training programs in the Western Pacific 


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1 to foster understanding, practical use of knowledge 

2 (including native Hawaiian and other Pacific Is3 lander-based knowledge), and technical expertise rel4 evant to stewardship of living marine resources. The 

5 Secretary shall, in cooperation with the Western Pa6 cific Regional Fishery Management Council, regional 

7 educational institutions, and local Western Pacific 

8 community training entities, establish programs or 

9 projects that will improve communication, education, 

10 and training on marine resource issues throughout 

11 the region and increase scientific education for ma12 rine-related professions among coastal community 

13 residents, including indigenous Pacific islanders, Na14 tive Hawaiians and other underrepresented groups in 

15 the region. 

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

17 shall— 

18 ‘‘(A) include marine science and technology 

19 education and training programs focused on pre20 paring community residents for employment in 

21 marine related professions, including marine re22 source conservation and management, marine 

23 science, marine technology, and maritime oper24 ations; 


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1 ‘‘(B) include fisheries and seafood-related 

2 training programs, including programs for fish3 ery observers, seafood safety and seafood mar4 keting, focused on increasing the involvement of 

5 coastal community residents in fishing, fishery 

6 management, and seafood-related operations; 

7 ‘‘(C) include outreach programs and mate8 rials to educate and inform consumers about the 

9 quality and sustainability of wild fish or fish 

10 products farmed through responsible aquaculture, 

11 particularly in Hawaii and the Western Pacific; 

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

13 fishing industry, methods and technologies that 

14 will improve the data collection, quality, and re15 porting and increase the sustainability of fishing 

16 practices, and to transfer such methods and tech17 nologies among fisheries sectors and to other na18 tions in the Western and Central Pacific; 

19 ‘‘(E) develop means by which local and tra20 ditional knowledge (including Pacific islander 

21 and Native Hawaiian knowledge) can enhance 

22 science-based management of fishery resources of 

23 the region; and 

24 ‘‘(F) develop partnerships with other West25 ern Pacific Island agencies, academic instituVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 tions, and other entities to meet the purposes of 

2 this section.’’. 

3 SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT 

4 QUOTA PROGRAM. 

5 Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended— 

6 (1) by striking ‘‘To’’ in subparagraph (B) and 

7 inserting ‘‘Except as provided in subparagraph (E), 

8 to’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(E) A community shall be eligible to par11 ticipate in the western Alaska community devel12 opment quota program under subparagraph (A) 

13 if the community was— 

14 ‘‘(i) listed in table 7 to part 679 of 

15 title 50, Code of Federal Regulations, as in 

16 effect on January 1, 2004; or 

17 ‘‘(ii) approved by the National Marine 

18 Fisheries Service on April 19, 1999.’’. 

19 SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH 

20 FISHING. 

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

22 109, is further amended by adding at the end thereof the 

23 following: 

24 ‘‘(k) MULTISPECIES GROUNDFISH.—Within 60 days 

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


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1 Conservation and Management Reauthorization Act of 

2 2005, the Secretary of Commerce shall determine whether 

3 fishing in State waters without a New England multispe4 cies groundfish fishery permit on regulated species within 

5 the multispecies complex is not consistent with the applica6 ble Federal fishery management plan. If the Secretary 

7 makes a determination that such actions are not consistent 

8 with the plan, the Secretary shall, in consultation with the 

9 Council, and after notifying the affected State, develop and 

10 implement measures to cure the inconsistency.’’. 

11 SEC. 112. JOINT ENFORCEMENT AGREEMENTS. 

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

13 amended— 

14 (1) by striking ‘‘and’’ after the semicolon in sub15 section (b)(1)(A)(iv); 

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

17 subsection (b)(1)(A)(v); 

18 (3) by inserting after clause (v) of subsection 

19 (b)(1)(A) the following: 

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

21 enforcement purposes any data or informa22 tion required to be provided under this title 

23 or regulations under this title, including 

24 data from Global Maritime Distress and 

25 Safety Systems, vessel monitoring systems, 


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1 or any similar system, subject to the con2 fidentiality provisions of section 402;’’; 

3 (4) by redesignating subsection (h) as subsection 

4 (j); and 

5 (5) by inserting after subsection (g) the fol6 lowing: 

7 ‘‘(h) JOINT ENFORCEMENT AGREEMENTS.— 

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

9 State may apply to the Secretary for execution of a 

10 joint enforcement agreement with the Secretary that 

11 will authorize the deputization and funding of State 

12 law enforcement officers with marine law enforcement 

13 responsibilities to perform duties of the Secretary re14 lating to law enforcement provisions under this title 

15 or any other marine resource law enforced by the Sec16 retary. Upon receiving an application meeting the re17 quirements of this subsection, the Secretary may enter 

18 into a joint enforcement agreement with the request19 ing State. 

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

21 participate in the cooperative enforcement agreements 

22 under this section if it is in, or bordering on, the At23 lantic Ocean (including the Caribbean Sea), the Pa24 cific Ocean, the Arctic Ocean, the Gulf of Mexico, 

25 Long Island Sound, or 1 or more of the Great Lakes. 


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1 ‘‘(3) REQUIREMENTS.—Joint enforcement agree2 ments executed under paragraph (1)— 

3 ‘‘(A) shall be consistent with the purposes 

4 and intent of this section to the extent applicable 

5 to the regulated activities; 

6 ‘‘(B) may include specifications for joint 

7 management responsibilities as provided by the 

8 first section of Public Law 91–412 (15 U.S.C. 

9 1525); and 

10 ‘‘(C) shall provide for confidentiality of 

11 data and information submitted to the State 

12 under section 402. 

13 ‘‘(4) ALLOCATION OF FUNDS.—The Secretary 

14 shall include in each joint enforcement agreement an 

15 allocation of funds to assist in management of the 

16 agreement. The allocation shall be fairly distributed 

17 among all eligible States participating in cooperative 

18 enforcement agreements under this subsection, based 

19 upon consideration of Federal marine enforcement 

20 needs, the specific marine conservation enforcement 

21 needs of each participating eligible State, and the ca22 pacity of the State to undertake the marine enforce23 ment mission and assist with enforcement needs. The 

24 agreement may provide for amounts to be withheld by 

25 the Secretary for the cost of any technical or other asVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 sistance provided to the State by the Secretary under 

2 the agreement. 

3 ‘‘(i) IMPROVED DATA SHARING.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of this Act, as soon as practicable but no 

6 later than 21 months after the date of enactment of 

7 the Magnuson-Stevens Fishery Conservation and 

8 Management Reauthorization Act of 2005, the Sec9 retary shall implement data-sharing measures to 

10 make any data required to be provided by this Act 

11 from Global Maritime Distress and Safety Systems, 

12 vessel monitoring systems, or similar systems— 

13 ‘‘(A) directly accessible by State enforce14 ment officers authorized under subsection (a) of 

15 this section; and 

16 ‘‘(B) available to a State management agen17 cy involved in, or affected by, management of a 

18 fishery if the State has entered into an agree19 ment with the Secretary under section 

20 402(b)(1)(B) of this Act. 

21 ‘‘(2) AGREEMENT REQUIRED.—The Secretary 

22 shall promptly enter into an agreement with a State 

23 under section 402(b)(1)(B) of this Act if— 

24 ‘‘(A) the Attorney General or highest rank25 ing legal officer of the State provides a written 


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1 opinion or certification that State law allows the 

2 State to maintain the confidentiality of informa3 tion required by Federal law to be kept confiden4 tial; or 

5 ‘‘(B) the Secretary is provided other reason6 able assurance that the State can and will pro7 tect the identity or business of any person to 

8 which such information relates.’’. 

9 (b) REPORT ON USING GMDSS FOR FISHERY PUR10 POSES.—Within 15 months after the date of enactment of 

11 this Act, the National Marine Fisheries Service and the 

12 United States Coast Guard shall transmit a joint report 

13 to the Senate Committee on Commerce, Science, and Trans14 portation and the House of Representatives Committee on 

15 Resources containing— 

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

17 value, and cost of using the Global Maritime Distress 

18 and Safety Systems, vessel monitoring systems, or 

19 similar systems for fishery management, conservation, 

20 enforcement, and safety purposes with the Federal 

21 government bearing the capital costs of any such sys22 tem; 

23 (2) an examination of the cumulative impact of 

24 existing requirements for commercial vessels; 


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1 (3) an examination of whether the Global Mari2 time Distress and Safety Systems or similar require3 ments would overlap existing requirements or render 

4 them redundant; 

5 (4) an examination of how data integration from 

6 such systems could be addressed; 

7 (5) an examination of how to maximize the 

8 data-sharing opportunities between relevant State 

9 and Federal agencies and provide specific informa10 tion on how to develop these opportunities, including 

11 the provision of direct access to the Global Maritime 

12 Distress and Safety Systems or similar system data 

13 to State enforcement officers, while considering the 

14 need to maintain or provide an appropriate level of 

15 individual vessel confidentiality where practicable; 

16 and 

17 (6) an assessment of how the Global Maritime 

18 Distress and Safety Systems or similar systems could 

19 be developed, purchased, and distributed to regulated 

20 vessels. 

21 SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES. 

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

23 amended— 

24 (1) by striking ‘‘measures;’’ in subsection 

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1 latory restrictions imposed to protect human health or 

2 the marine environment and judicially imposed har3 vest restrictions;’’; 

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

5 subsection (a)(4) and inserting ‘‘2006 through 2012.’’; 

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

7 fisheries under State authority, may conduct a fish8 ing’’ in subsection (b)(1) and inserting ‘‘the Governor 

9 of a State for fisheries under State authority, or a 

10 majority of permit holders in the fishery, may con11 duct a voluntary fishing’’; 

12 (4) by inserting ‘‘practicable’’ after ‘‘entrants,’’ 

13 in subsection (b)(1)(B)((i); 

14 (5) by striking ‘‘cost-effective and’’ in subsection 

15 (b)(1)C) and inserting ‘‘cost-effective and, in the in16 stance of a program involving an industry fee system, 

17 prospectively’’; 

18 (6) by striking subparagraph (A) of subsection 

19 (b)(2) and inserting the following: 

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

21 authorizing the participation of the vessel in the fish22 ery is surrendered for permanent revocation and the 

23 vessel owner and permit holder relinquish any claim 

24 associated with the vessel or permit that could qualify 

25 such owner or holder for any present or future limited 


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1 access system permit in the fishery for which the pro2 gram is established and such vessel is (i) scrapped, or 

3 (ii) through the Secretary of the department in which 

4 the Coast Guard is operating, subjected to title re5 strictions (including loss of the vessel’s fisheries en6 dorsement) that permanently prohibit and effectively 

7 prevent its use in fishing in federal or state waters, 

8 or fishing on the high seas or in the waters of a for9 eign nation; or’’; 

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

11 appropriate, with Councils,’’ in subsection (b)(4) and 

12 inserting ‘‘The harvester proponents of each program 

13 and the Secretary shall consult, as appropriate and 

14 practicable, with Councils,’’; 

15 (8) by striking ‘‘Secretary, at the request of the 

16 appropriate Council,’’ in subsection (d)(1)(A) and in17 serting ‘‘Secretary’’; 

18 (9) by striking ‘‘Secretary, in consultation with 

19 the Council,’’ in subsection (d)(1)(A) and inserting 

20 ‘‘Secretary’’; 

21 (10) by striking ‘‘a two-thirds majority of the 

22 participants voting.’’ in subsection (d)(1)(B) and in23 serting ‘‘at least a majority of the permit holders in 

24 the fishery, or 50 percent of the permitted allocation 

25 of the fishery, who participated in the fishery.’’; 


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1 (11) by striking ‘‘establish;’’ in subsection 

2 (d)(2)((C) and inserting ‘‘establish, unless the Sec3 retary determines that such fees should be collected 

4 from the seller;’’ and 

5 (12) striking subsection (e) and inserting the fol6 lowing: 

7 ‘‘(e) IMPLEMENTATION PLAN.— 

8 ‘‘(1) FRAMEWORK REGULATIONS.—The Secretary 

9 shall propose and adopt framework regulations appli10 cable to the implementation of all programs under 

11 this section. 

12 ‘‘(2) PROGRAM REGULATIONS.—The Secretary 

13 shall implement each program under this section by 

14 promulgating regulations that, together with the 

15 framework regulations, establish each program and 

16 control its implementation. 

17 ‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTA18 TION PLAN.—The Secretary may not propose imple19 mentation regulations for a program to be paid for 

20 by an industry fee system until the harvester pro21 ponents of the program provide to the Secretary a 

22 proposed implementation plan that, among other 

23 matters— 

24 ‘‘(A) proposes the types and numbers of ves25 sels or permits that are eligible to participate in 


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1 the program and the manner in which the pro2 gram shall proceed, taking into account— 

3 ‘‘(i) the requirements of this section; 

4 ‘‘(ii) the requirements of the framework 

5 regulations; 

6 ‘‘(iii) the characteristics of the fishery; 

7 ‘‘(iv) the requirements of the applicable 

8 fishery management plan and any amend9 ment that such plan may require to support 

10 the proposed program; 

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

12 harvesters in the fishery; 

13 ‘‘(vi) the need to minimize program 

14 costs; and 

15 ‘‘(vii) other matters, including the 

16 manner in which such proponents propose 

17 to fund the program to ensure its cost effec18 tiveness, as well as any relevant factors 

19 demonstrating the potential for, or nec20 essary to obtain, the support and general 

21 cooperation of a substantial number of af22 fected harvesters in the fishery (or portion 

23 of the fishery) for which the program is in24 tended; and 


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1 ‘‘(B) proposes procedures for program par2 ticipation (such as submission of owner bids 

3 under an auction system or fair market-value as4 sessment), including any terms and conditions 

5 for participation, that the harvester proponents 

6 deem to be reasonably necessary to meet the pro7 gram’s proposed objectives. 

8 ‘‘(4) PARTICIPATION CONTRACTS.—The Secretary 

9 shall contract with each person participating in a 

10 program, and each such contract shall, in addition to 

11 including such other matters as the Secretary deems 

12 necessary and appropriate to effectively implement 

13 each program (including penalties for contract non14 performance) be consistent with the framework and 

15 implementing regulations and all other applicable 

16 law. 

17 ‘‘(5) REDUCTION AUCTIONS.—Each program not 

18 involving fair market assessment shall involve a re19 duction auction that scores the reduction price of each 

20 bid offer by the data relevant to each bidder under an 

21 appropriate fisheries productivity factor. If the Sec22 retary accepts bids, the Secretary shall accept respon23 sive bids in the rank order of their bid scores, starting 

24 with the bid whose reduction price is the lowest per25 centage of the productivity factor, and successively acVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 cepting each additional responsive bid in rank order 

2 until either there are no more responsive bids or ac3 ceptance of the next bid would cause the total value 

4 of bids accepted to exceed the amount of funds avail5 able for the program. 

6 ‘‘(6) BID INVITATIONS.—Each program shall 

7 proceed by the Secretary issuing invitations to bid 

8 setting out the terms and conditions for participation 

9 consistent with the framework and implementing reg10 ulations. Each bid that the Secretary receives in re11 sponse to the invitation to bid shall constitute an ir12 revocable offer from the bidder.’’. 

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

14 205, and 206 of the Sustainable Fisheries Act are deemed 

15 to have added sections 312, 402, 403, 404, and 405, respec16 tively to the Act as of the date of enactment of the Sustain17 able Fisheries Act. 

18 SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, 

19 TRANSITION, AND RECOVERY PROGRAM. 

20 Title III (16 U.S.C. 1851 et seq.) is amended by add21 ing at the end the following: 

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

23 TRANSITION, AND RECOVERY PROGRAM. 

24 ‘‘(a) IN GENERAL.—When there is a catastrophic re25 gional fishery disaster the Secretary may, upon the request 


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1 of, and in consultation with, the Governors of affected 

2 States, establish a regional economic transition program to 

3 provide immediate disaster relief assistance to the fisher4 men, charter fishing operators, United States fish proc5 essors, and owners of related fishery infrastructure affected 

6 by the disaster. 

7 ‘‘(b) PROGRAM COMPONENTS.— 

8 ‘‘(1) IN GENERAL.—Subject to the availability of 

9 appropriations, the program shall provide funds or 

10 other economic assistance to affected entities, or to 

11 governmental entities for disbursement to affected en12 tities, for— 

13 ‘‘(A) meeting immediate regional shoreside 

14 fishery infrastructure needs, including processing 

15 facilities, cold storage facilities, ice houses, docks, 

16 including temporary docks and storage facilities, 

17 and other related shoreside fishery support facili18 ties and infrastructure; 

19 ‘‘(B) financial assistance and job training 

20 assistance for fishermen who wish to remain in 

21 a fishery in the region that may be temporarily 

22 closed as a result of environmental or other ef23 fects associated with the disaster; 

24 ‘‘(C) funding, pursuant to the requirements 

25 of section 312(b), to fishermen who are willing to 


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1 scrap a fishing vessel and permanently surrender 

2 permits for fisheries named on that vessel; and 

3 ‘‘(D) any other activities authorized under 

4 section 312(a) of this Act or section 308(d) of the 

5 Interjurisdictional Fisheries Act of 1986 (16 

6 U.S.C. 4107(d)). 

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

8 to scrap a fishing vessel under the program shall be 

9 eligible for job training assistance. 

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

11 participation by a State in the program shall be con12 ditioned upon a commitment by the appropriate 

13 State entity to ensure that the relevant State fishery 

14 meets the requirements of section 312(b) of this Act to 

15 ensure excess capacity does not re-enter the fishery. 

16 ‘‘(4) NO MATCHING REQUIRED.—The Secretary 

17 may waive the matching requirements of section 312 

18 of this Act, section 308 of the Interjurisdictional Fish19 eries Act of 1986 (16 U.S.C. 4107), and any other 

20 provision of law under which the Federal share of the 

21 cost of any activity is limited to less than 100 percent 

22 if the Secretary determines that— 

23 ‘‘(A) no reasonable means are available 

24 through which applicants can meet the matching 

25 requirement; and 


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1 ‘‘(B) the probable benefit of 100 percent 

2 Federal financing outweighs the public interest 

3 in imposition of the matching requirement. 

4 ‘‘(5) NET REVENUE LIMIT INAPPLICABLE.—Sec5 tion 308(d)(3) of the Interjurisdictional Fisheries Act 

6 (16 U.S.C. 4107(d)(3)) shall not apply to assistance 

7 under this section. 

8 ‘‘(c) REGIONAL IMPACT EVALUATION.—Within 2 

9 months after a catastrophic regional fishery disaster the 

10 Secretary shall provide the Governor of each State partici11 pating in the program a comprehensive economic and socio12 economic evaluation of the affected region’s fisheries to as13 sist the Governor in assessing the current and future eco14 nomic viability of affected fisheries, including the economic 

15 impact of foreign fish imports and the direct, indirect, or 

16 environmental impact of the disaster on the fishery and 

17 coastal communities. 

18 ‘‘(d) CATASTROPHIC REGIONAL FISHERY DISASTER

19 DEFINED.—In this section the term ‘catastrophic regional 

20 fishery disaster’ means a natural disaster, including a hur21 ricane or tsunami, or a judicial or regulatory closure to 

22 protect human health or the marine environment, that— 

23 ‘‘(1) results in economic losses to coastal or fish24 ing communities; 


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1 ‘‘(2) affects more than 1 State or a major fishery 

2 managed by a Council or interstate fishery commis3 sion; and 

4 ‘‘(3) is determined by the Secretary to be a com5 mercial fishery failure under section 312(a) of this 

6 Act or a fishery resource disaster or section 308(d) of 

7 the Interjurisdictional Fisheries Act of 1986 (16 

8 U.S.C. 4107(d)).’’. 

9 SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSIST10 ANCE. 

11 (a) LOAN ASSISTANCE.—Subject to availability of ap12 propriations, the Secretary of Commerce shall provide as13 sistance to eligible holders of fishery finance program loans 

14 and allocate such assistance among eligible holders based 

15 upon their outstanding principal balances as of December 

16 2, 2005, for any of the following purposes: 

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

18 1 year and re-amortize the debt over the remaining 

19 term of the loan. 

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

21 loan for up to 1 year beyond the remaining term of 

22 the loan, or September 30, 2013, whichever is later. 

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

24 fiscal years 2006 through 2012, not to exceed amounts 

25 authorized under subsection (d). 


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1 (4) To provide opportunities for loan forgiveness, 

2 as specified in subsection (c). 

3 (b) LOAN FORGIVENESS.— 

4 (1) IN GENERAL.—Upon application made by an 

5 eligible holder of a fishery finance program loan, 

6 made at such time, in such manner, and containing 

7 such information as the Secretary may require, the 

8 Secretary, on a calendar year basis beginning in 

9 2005, may— 

10 (A) offset against the outstanding balance 

11 on the loan an amount equal to the sum of the 

12 amounts expended by the holder during the cal13 endar year to repair or replace covered vessels or 

14 facilities, or to invest in new fisheries infrastruc15 ture within or for use within the declared fish16 eries disaster area; or 

17 (B) cancel the amount of debt equal to 100 

18 hundred percent of actual expenditures on eligi19 ble repairs, reinvestment, expansion, or new in20 vestment in fisheries infrastructure in the dis21 aster region, or repairs to, or replacement of, eli22 gible fishing vessels. 

23 (c) DEFINITIONS.—In this section: 

24 (1) DECLARED FISHERIES DISASTER AREA.—The 

25 term ‘‘declared fisheries disaster area’’ means fisheries 


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1 located in the major disaster area designated by the 

2 President under the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5121 et 

4 seq.) as a result of Hurricane Katrina or Hurricane 

5 Rita. 

6 (2) ELIGIBLE HOLDER.—The term ‘‘eligible hold7 er’’ means the holder of a fishery finance program 

8 loan if— 

9 (A) that loan is used to guarantee or fi10 nance any fishing vessel or fish processing facil11 ity home-ported or located within the declared 

12 fisheries disaster area; and 

13 (B) the holder makes expenditures to repair 

14 or replace such covered vessels or facilities, or in15 vests in new fisheries infrastructure within or for 

16 use within the declared fisheries disaster area, to 

17 restore such facilities following the disaster. 

18 (3) FISHERY FINANCE PROGRAM LOAN.—The 

19 term ‘‘fishery finance program loan’’ means a loan 

20 made or guaranteed under the fishery finance pro21 gram under title XI of the Merchant Marine Act, 

22 1936, (46 U.S.C. App. 1271 et seq,). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to the Secretary of Commerce 

25 for the purposes of this section not more than $15,000,000 


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1 for each eligible holder for the period beginning with fiscal 

2 year 2006 through fiscal year 2012. 

3 SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE 

4 PROGRAM. 

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

6 establish an assistance program for the Gulf of Mexico 

7 shrimp fishing industry. 

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

9 Secretary shall allocate funds appropriated to carry out the 

10 program among the States of Alabama, Louisiana, Florida, 

11 Mississippi, and Texas in proportion to the percentage of 

12 the shrimp catch landed by each State, except that the 

13 amount allocated to Florida shall be based exclusively on 

14 the proportion of such catch landed by the Florida Gulf 

15 Coast fishery. 

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

17 to each State under the program— 

18 (1) 2 percent shall be retained by the State to be 

19 used for the distribution of additional payments to 

20 fishermen with a demonstrated record of compliance 

21 with turtle excluder and bycatch reduction device reg22 ulations; and 

23 (2) the remainder of the amounts shall be used 

24 for— 


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1 (A) personal assistance, with priority given 

2 to food, energy needs, housing assistance, trans3 portation fuel, and other urgent needs; 

4 (B) assistance for small businesses, includ5 ing fishermen, fish processors, and related busi6 nesses serving the fishing industry; 

7 (C) domestic product marketing and seafood 

8 promotion; 

9 (D) State seafood testing programs; 

10 (E) the development of limited entry pro11 grams for the fishery; 

12 (F) funding or other incentives to ensure 

13 widespread and proper use of turtle excluder de14 vices and bycatch reduction devices in the fish15 ery; and 

16 (G) voluntary capacity reduction programs 

17 for shrimp fisheries under limited access pro18 grams. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to the Secretary of Commerce 

21 $17,500,000 for fiscal years 2006 through 2011 to carry out 

22 this section. 


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1 SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM. 

2 Title III (16 U.S.C. 1851 et seq.), as amended by sec3 tion 114 of this Act, is further amended by adding at the 

4 end the following: 

5 ‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM. 

6 ‘‘(a) BYCATCH REDUCTION ENGINEERING PRO7 GRAM.—Not later than 1 year after the date of enactment 

8 of the Magnuson-Stevens Fishery Conservation and Man9 agement Reauthorization Act of 2005, the Secretary, in co10 operation with the Councils and other affected interests, and 

11 based upon the best scientific information available, shall 

12 establish a bycatch reduction program to develop techno13 logical devices and other conservation engineering changes 

14 designed to minimize bycatch, seabird bycatch, bycatch 

15 mortality, and post-release mortality in Federally managed 

16 fisheries. The program shall— 

17 ‘‘(1) be regionally based; 

18 ‘‘(2) be coordinated with projects conducted 

19 under the cooperative research and management pro20 gram established under this Act; 

21 ‘‘(3) provide information and outreach to fishery 

22 participants that will encourage adoption and use of 

23 technologies developed under the program; and 

24 ‘‘(4) provide for routine consultation with the 

25 Councils in order to maximize opportunities to incor26 porate results of the program in Council actions and 


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1 provide incentives for adoption of methods developed 

2 under the program in fishery management plans de3 veloped by the Councils. 

4 ‘‘(b) INCENTIVES.—Any fishery management plan pre5 pared by a Council or by the Secretary may establish a 

6 system of incentives to reduce total bycatch and seabird by7 catch amounts, bycatch rates, and post-release mortality in 

8 fisheries under the Council’s or Secretary’s jurisdiction, in9 cluding— 

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

11 including the establishment of collective or individual 

12 bycatch quotas; 

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

14 verifiable and monitored low bycatch and seabird by15 catch rates; and 

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

17 information available, will reduce bycatch and 

18 seabird bycatch, bycatch mortality, post-release mor19 tality, or regulatory discards in the fishery.’’. 

20 SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR 

21 FISHERY AND COASTAL HABITATS. 

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

23 establish a community-based fishery and coastal habitat 

24 restoration program to implement and support the restora25 tion of fishery and coastal habitats. 


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1 (b) AUTHORIZED ACTIVITIES.—In carrying out the 

2 program, the Secretary may— 

3 (1) provide funding and technical expertise to 

4 fishery and coastal communities to assist them in re5 storing fishery and coastal habitat; 

6 (2) advance the science and monitoring of coast7 al habitat restoration; 

8 (3) transfer restoration technologies to the pri9 vate sector, the public, and other governmental agen10 cies; 

11 (4) develop public-private partnerships to accom12 plish sound coastal restoration projects; 

13 (5) promote significant community support and 

14 volunteer participation in fishery and coastal habitat 

15 restoration; 

16 (6) promote stewardship of fishery and coastal 

17 habitats; and 

18 (7) leverage resources through national, regional, 

19 and local public-private partnerships. 

20 SEC. 119. PROHIBITED ACTS. 

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

22 (1) by striking ‘‘or’’ after the semicolon in sub23 paragraph (O); 

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

25 and inserting ‘‘carcass;’’; and 


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1 (3) by inserting after subparagraph (P) and be2 fore the last sentence the following: 

3 ‘‘(Q) to import, export, transport, sell, re4 ceive, acquire, or purchase in interstate or for5 eign commerce any fish taken, possessed, trans6 ported, or sold in violation of any foreign law or 

7 regulation; or 

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

9 fishing in Federal or State waters, or on the high 

10 seas or the waters of another country, after the 

11 Secretary has made a payment to the owner of 

12 that fishing vessel under section 312(b)(2).’’. 

13 SEC. 120. ENFORCEMENT. 

14 (a) CIVIL ENFORCEMENT.—Section 308 (16 U.S.C. 

15 1858) is amended— 

16 (1) by striking ‘‘$100,000’’ in subsection (a) and 

17 inserting ‘‘$240,000’’; 

18 (2) by striking ‘‘this section,’’ in subsection (f) 

19 and inserting ‘‘this Act (or any other marine resource 

20 law enforced by the Secretary),’’; 

21 (3) by inserting ‘‘a permit, or any interest in a 

22 permit,’’ in subsection (g)(3) after ‘‘vessel,’’ each place 

23 it appears; 

24 (4) by striking ‘‘the vessel’’ in subsection (g)(3) 

25 and inserting ‘‘the vessel, permit, or interest’’; 


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1 (5) by inserting ‘‘or any amount in settlement of 

2 a civil forfeiture,’’ after ‘‘criminal fine,’’ in subsection 

3 (g)(4); and 

4 (6) by striking ‘‘penalty or fine’’ in subsection 

5 (g)(4) and inserting ‘‘penalty, fine, or settlement 

6 amount’’. 

7 (b) CRIMINAL PENALTIES.—Section 309 (16 U.S.C. 

8 1859) is amended to read as follows: 

9 ‘‘SEC. 309. CRIMINAL PENALTIES. 

10 ‘‘(a) FINES AND IMPRISONMENT.— 

11 ‘‘(1) IN GENERAL.—Any person (other than a 

12 foreign government or entity thereof) who knowingly 

13 violates subparagraph (D), (E), (F), (H), (I), or (L) 

14 of paragraph (1) of section 307, or paragraph (2) of 

15 section 307, shall be imprisoned for not more than 5 

16 years and fined— 

17 ‘‘(A) not more than $500,000 if such person 

18 is an individual; or 

19 ‘‘(B) not more than $1,000,000 if such per20 son is a corporation or other legal entity other 

21 than an individual. 

22 ‘‘(2) AGGRAVATED OFFENSES.—Notwithstanding 

23 paragraph (1), the maximum term of imprisonment 

24 shall be for not more than 10 years if— 

25 ‘‘(A) the violator is an individual; and 


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1 ‘‘(B) in the commission of a violation de2 scribed in paragraph (1), that individual— 

3 ‘‘(A) used a dangerous weapon; 

4 ‘‘(B) engaged in conduct that caused bodily 

5 injury to any observer described in section 307, 

6 any officer authorized to enforce the provisions of 

7 this Act under section 311, or any Council mem8 ber or staff; or 

9 ‘‘(C) placed any such observer, officer, 

10 Council member, or staff in fear of imminent 

11 bodily injury. 

12 ‘‘(b) OTHER VIOLATIONS.—Any person (other than a 

13 foreign government or entity thereof) who knowingly vio14 lates any other provision of section 307 shall be fined under 

15 title 18, United States Code, imprisoned for not more than 

16 5 years, or both. 

17 ‘‘(c) JURISDICTION.— 

18 ‘‘(1) IN GENERAL.—The district courts of the 

19 United States shall have jurisdiction over any action 

20 arising under this Act. 

21 ‘‘(2) VENUE.—For purposes of this Act— 

22 ‘‘(A) each violation of this Act shall con23 stitute a separate offense and the offense shall be 

24 deemed to have been committed not only in the 


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1 district where it first occurred, but also in any 

2 other district as authorized by law; 

3 ‘‘(B) any offense not committed within a ju4 dicial district of the United States is subject to 

5 the venue provisions of section 3238 of title 18, 

6 United States Code; and 

7 ‘‘(C) American Samoa shall be included 

8 within the judicial district of the United States 

9 District Court for the District of Hawaii.’’. 

10 (c) CIVIL FORFEITURES.—Section 310(a) (16 U.S.C. 

11 1860(a)) is amended— 

12 (1) by striking ‘‘(other than any act for which 

13 the issuance of a citation under section 311(a) is suf14 ficient sanction)’’; and 

15 (2) by striking ‘‘States.’’ and inserting ‘‘States, 

16 except that no fishing vessel shall be subject to for17 feiture under this section as the result of any act for 

18 which the issuance of a citation under section 311(a) 

19 is sufficient sanction.’’. 

20 (d) ENFORCEMENT RESPONSIBILITY.—Section 311(a) 

21 (16 U.S.C. 1861(a)) is amended— 

22 (1) by striking ‘‘Act’’ and inserting ‘‘Act, and 

23 the provisions of any marine resource law adminis24 tered by the Secretary,’’; and 


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1 (2) by striking ‘‘State agency,’’ and inserting 

2 ‘‘agency of any State, Territory, Commonwealth, or 

3 Tribe,’’. 

4 (e) POWERS OF AUTHORIZED OFFICERS.—Section 

5 311(b) (16 U.S.C. 1861(b)) is amended by striking ‘‘Federal 

6 or State’’. 

7 (f) PAYMENT OF STORAGE, CARE, AND OTHER

8 COSTS.—Section 311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is 

9 amended to read as follows: 

10 ‘‘(B) a reward to any person who furnishes in11 formation which leads to an arrest, conviction, civil 

12 penalty assessment, or forfeiture of property for any 

13 violation of any provision of this Act or any other 

14 marine resource law enforced by the Secretary of up 

15 to the lesser of— 

16 ‘‘(i) 20 percent of the penalty or fine col17 lected; or 

18 ‘‘(ii) $20,000;’’. 

19 TITLE II—INFORMATION AND 

20 RESEARCH 

21 SEC. 201. RECREATIONAL FISHERIES INFORMATION. 

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

23 subsection (g) and inserting the following: 

24 ‘‘(g) RECREATIONAL FISHERIES.— 


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1 ‘‘(1) FEDERAL PROGRAM.—The Secretary shall 

2 establish and implement a regionally based registry 

3 program for recreational fishermen in each of the 8 

4 fishery management regions. The program shall pro5 vide for— 

6 ‘‘(A) the registration (including identifica7 tion and contact information) of individuals who 

8 engage in recreational fishing— 

9 ‘‘(i) in the Exclusive Economic Zone; 

10 ‘‘(ii) for anadromous species; or 

11 ‘‘(iii) for Continental Shelf fishery re12 sources beyond the Exclusive Economic 

13 Zone; and 

14 ‘‘(B) if appropriate, the registration (in15 cluding the ownership, operator, and identifica16 tion of the vessel) of vessels used in such fishing. 

17 ‘‘(2) STATE PROGRAMS.—The Secretary shall ex18 empt from registration under the program rec19 reational fishermen and charter fishing vessels li20 censed, permitted, or registered under the laws of a 

21 State if the Secretary determines that information 

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

23 use or is used to assist in completing marine rec24 reational fisheries statistical surveys, or evaluating 


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1 the effects of proposed conservation and management 

2 measures for marine recreational fisheries. 

3 ‘‘(3) DATA COLLECTION.—Within 24 months 

4 after the date of enactment of the Magnuson-Stevens 

5 Fishery conservation and Management Reauthoriza6 tion Act of 2005, the Secretary shall establish a pro7 gram to improve the quality and accuracy of infor8 mation generated by the Marine Recreational Fishery 

9 Statistics Survey, with a goal of achieving acceptable 

10 accuracy and utility for each individual fishery. Un11 less the Secretary determines that alternate methods 

12 will achieve this goal more efficiently and effectively, 

13 the program shall, to the extent possible, include— 

14 ‘‘(A) an adequate number of dockside inter15 views to accurately estimate recreational catch 

16 and effort; 

17 ‘‘(B) use of surveys that target anglers reg18 istered or licensed at the State or Federal level 

19 to collect participation and effort data; 

20 ‘‘(C) collection and analysis of vessel trip 

21 report data from charter fishing vessels; and 

22 ‘‘(D) development of a weather corrective 

23 factor that can be applied to recreational catch 

24 and effort estimates. 


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1 ‘‘(4) REPORT.—Within 24 months after estab2 lishment of the program, the Secretary shall submit 

3 a report to Congress that describes the progress made 

4 toward achieving the goals and objectives of the pro5 gram.’’. 

6 SEC. 202. COLLECTION OF INFORMATION. 

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

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

9 the subsection heading and inserting ‘‘(a) COLLEC10 TION PROGRAMS.—’’; 

11 (2) by resetting the text following ‘‘(a) COLLEC12 TION PROGRAMS.—’’ as a new paragraph 2 ems from 

13 the left margin; 

14 (3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ be15 fore ‘‘If a Council’’; 

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

17 and inserting ‘‘paragraph’’; 

18 (5) by striking ‘‘(other than information that 

19 would disclose proprietary or confidential commercial 

20 or financial information regarding fishing operations 

21 or fish processing operations)’’ each place it appears; 

22 and 

23 (6) by adding at the end the following: 

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

25 determines that additional information is necessary 


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1 for developing, implementing, revising, or monitoring 

2 a fishery management plan, or for determining 

3 whether a fishery is in need of management, the Sec4 retary may, by regulation, implement an information 

5 collection or observer program requiring submission of 

6 such additional information for the fishery.’’. 

7 SEC. 203. ACCESS TO CERTAIN INFORMATION. 

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

9 1881a(b)) is amended— 

10 (1) by redesignating paragraph (2) as para11 graph (3) and resetting it 2 ems from the left margin; 

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

13 redesignated, and inserting the following: 

14 ‘‘(b) CONFIDENTIALITY OF INFORMATION.— 

15 ‘‘(1) Any information submitted to the Secretary, 

16 a state fishery management agency, or a marine fish17 eries commission by any person in compliance with 

18 the requirements of this Act that contains confidential 

19 information shall be confidential and shall be exempt 

20 from disclosure under section 552(h)(3) of title 5, 

21 United States Code, except— 

22 ‘‘(A) to Federal employees and Council em23 ployees who are responsible for fishery manage24 ment plan development, monitoring, or enforce25 ment; 


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1 ‘‘(B) to State or Marine Fisheries Commis2 sion employees as necessary to further the De3 partment’s mission, subject to a confidentiality 

4 agreement that prohibits public disclosure of con5 fidential information relating to any person; 

6 ‘‘(C) to State employees who are responsible 

7 for fishery management plan enforcement, if the 

8 States employing those employees have entered 

9 into a fishery enforcement agreement with the 

10 Secretary and the agreement is in effect; 

11 ‘‘(D) when such information is used by 

12 State, Council, or Marine Fisheries Commission 

13 employees to verify catch under a limited access 

14 program, but only to the extent that such use is 

15 consistent with subparagraph (B); 

16 ‘‘(E) when the Secretary has obtained writ17 ten authorization from the person submitting 

18 such information to release such information to 

19 persons for reasons not otherwise provided for in 

20 this subsection, and such release does not violate 

21 other requirements of this Act; 

22 ‘‘(F) when such information is required to 

23 be submitted to the Secretary for any determina24 tion under a limited access program; or 


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1 ‘‘(G) in support of homeland and national 

2 security activities, including the Coast Guard’s 

3 homeland security missions as defined in section 

4 888(a)(2) of the Homeland Security Act of 2002 

5 (6 U.S.C. 468(a)(2)). 

6 ‘‘(2) Any observer information shall be confiden7 tial and shall not be disclosed, except in accordance 

8 with the requirements of subparagraphs (A) through 

9 (G) of paragraph (1), or— 

10 ‘‘(A) as authorized by a fishery manage11 ment plan or regulations under the authority of 

12 the North Pacific Council to allow disclosure to 

13 the public of weekly summary bycatch informa14 tion identified by vessel or for haul-specific by15 catch information without vessel identification; 

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

17 proceedings to adjudicate observer certifications; 

18 or 

19 ‘‘(C) as authorized by any regulations 

20 issued under paragraph (3) allowing the collec21 tion of observer information, pursuant to a con22 fidentiality agreement between the observers, ob23 server employers, and the Secretary prohibiting 

24 disclosure of the information by the observers or 

25 observer employers, in order— 


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1 ‘‘(i) to allow the sharing of observer in2 formation among observers and between ob3 servers and observer employers as necessary 

4 to train and prepare observers for deploy5 ments on specific vessels; or 

6 ‘‘(ii) to validate the accuracy of the ob7 server information collected.’’; and 

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

9 redesignated, and inserting ‘‘(2)(A).’’. 

10 (b) CONFORMING AMENDMENT.—Section 404(c)(4) (16 

11 U.S.C. 1881c(c)(4)) is amended by striking ‘‘under section 

12 401’’. 

13 SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT 

14 PROGRAM. 

15 Title III (16 U.S.C. 1851 et seq.), as amended by sec16 tion 115, is further amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT 

19 PROGRAM. 

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

21 consultation with the Councils, shall establish a cooperative 

22 research and management program to address needs identi23 fied under this Act and under any other marine resource 

24 laws enforced by the Secretary. The program shall be imple25 mented on a regional basis and shall be developed and conVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 ducted through partnerships among Federal, State, and 

2 Tribal managers and scientists (including interstate fishery 

3 commissions), fishing industry participants, and edu4 cational institutions. 

5 ‘‘(b) ELIGIBLE PROJECTS.—The Secretary shall make 

6 funds available under the program for the support of 

7 projects to address critical needs identified by the Councils 

8 in consultation with the Secretary. The program shall pro9 mote and encourage efforts to utilize sources of data main10 tained by other Federal agencies, State agencies, or aca11 demia for use in such projects. 

12 ‘‘(c) FUNDING.—In making funds available the Sec13 retary shall award funding on a competitive basis and 

14 based on regional fishery management needs, select pro15 grams that form part of a coherent program of research fo16 cused on solving priority issues identified by the Councils, 

17 and shall give priority to the following projects: 

18 ‘‘(1) Projects to collect data to improve, supple19 ment, or enhance stock assessments, including the use 

20 of fishing vessels or acoustic or other marine tech21 nology. 

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

23 bycatch or post-release mortality occurring in a fish24 ery. 


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1 ‘‘(3) Conservation engineering projects designed 

2 to reduce bycatch, including avoidance of post-release 

3 mortality, reduction of bycatch in high seas fisheries, 

4 and transfer of such fishing technologies to other na5 tions. 

6 ‘‘(4) Projects for the identification of habitat 

7 areas of particular concern and for habitat conserva8 tion. 

9 ‘‘(5) Projects designed to collect and compile eco10 nomic and social data. 

11 ‘‘(d) EXPERIMENTAL PERMITTING PROCESS.—Not 

12 later than 180 days after the date of enactment of the Mag13 nuson-Stevens Fishery Conservation and Management Re14 authorization Act of 2005, the Secretary, in consultation 

15 with the Councils, shall promulgate regulations that create 

16 an expedited, uniform, and regionally-based process to pro17 mote issuance, where practicable, of experimental fishing 

18 permits. 

19 ‘‘(e) GUIDELINES.—The Secretary, in consultation 

20 with the Councils, shall establish guidelines to ensure that 

21 participation in a research project funded under this sec22 tion does not result in loss of a participant’s catch history 

23 or unexpended days-at-sea as part of a limited entry sys24 tem. 


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1 ‘‘(f) EXEMPTED PROJECTS.—The procedures of this 

2 section shall not apply to research funded by quota set3 asides in a fishery.’’. 

4 SEC. 205. HERRING STUDY. 

5 Title III (16 U.S.C. 1851 et seq.), as amended by sec6 tion 204, is further amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 318. HERRING STUDY. 

9 ‘‘(a) IN GENERAL.—The Secretary may conduct a co10 operative research program to study the issues of abun11 dance, distribution and the role of herring as forage fish 

12 for other commercially important fish stocks in the North13 west Atlantic, and the potential for local scale depletion 

14 from herring harvesting and how it relates to other fisheries 

15 in the Northwest Atlantic. In planning, designing, and im16 plementing this program, the Secretary shall engage mul17 tiple fisheries sectors and stakeholder groups concerned with 

18 herring management. 

19 ‘‘(b) REPORT.—The Secretary shall present the final 

20 results of this study to Congress within 3 months following 

21 the completion of the study, and an interim report at the 

22 end of fiscal year 2008. 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated $2,000,000 for fiscal year 

25 2007 through fiscal year 2009 to conduct this study.’’. 


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1 SEC. 206. RESTORATION STUDY. 

2 Title III (16 U.S.C. 1851 et seq.), as amended by sec3 tion 205, is further amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 319. RESTORATION STUDY. 

6 ‘‘(a) IN GENERAL.—The Secretary may conduct a 

7 study to update scientific information and protocols needed 

8 to improve restoration techniques for a variety of coast 

9 habitat types and synthesize the results in a format easily 

10 understandable by restoration practitioners and local com11 munities. 

12 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $500,000 for fiscal year 

14 2007 to conduct this study.’’. 

15 SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION 

16 PROJECTS. 

17 Section 111(b) of the Sustainable Fisheries Act (16 

18 U.S.C. 1855 note) is amended— 

19 (1) by striking ‘‘and the Secretary of the Interior 

20 are’’ in paragraph (1) and inserting ‘‘is’’; 

21 (2) by striking ‘‘not less than three and not more 

22 than five’’ in paragraph (1); and 

23 (3) by striking paragraph (6) and inserting the 

24 following: 

25 ‘‘(6) In this subsection the term ‘Western Pacific 

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1 pate under section 305(i)(2)(B)(i) through (iv) of the 

2 Magnuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1855(i)(2)(B)(i) through (iv)).’’. 

4 SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT 

5 FUND. 

6 (a) IN GENERAL.—The Secretary shall establish and 

7 maintain a fund, to be known as the ‘‘Fisheries Conserva8 tion and Management Fund’’, which shall consist of 

9 amounts retained and deposited into the Fund under sub10 section (c). 

11 (b) PURPOSES.—Subject to the allocation of funds de12 scribed in subsection (d), amounts in the Fund shall be 

13 available to the Secretary of Commerce, without appropria14 tion or fiscal year limitation, to disburse as described in 

15 subsection (e) for— 

16 (1) efforts to improve fishery harvest data collec17 tion including— 

18 (A) expanding the use of electronic catch re19 porting programs and technology; and 

20 (B) improvement of monitoring and ob21 server coverage through the expanded use of elec22 tronic monitoring devices and satellite tracking 

23 systems such as VMS on small vessels; 

24 (2) cooperative fishery research and analysis, in 

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1 stitutions, community residents, and other interested 

2 parties; 

3 (3) development of methods or new technologies 

4 to improve the quality, health safety, and value of fish 

5 landed; 

6 (4) conducting analysis of fish and seafood for 

7 health benefits and risks, including levels of contami8 nants and, where feasible, the source of such contami9 nants; 

10 (5) marketing of sustainable United States fish11 ery products, including consumer education regarding 

12 the health or other benefits of wild fishery products 

13 harvested by vessels of the United States; and 

14 (6) providing financial assistance to fishermen 

15 to offset the costs of modifying fishing practices and 

16 gear to meet the requirements of this Act, the Magnu17 son-Stevens Fishery Conservation and Management 

18 Act (16 U.S.C. 1801 et seq.), and other Federal laws 

19 in pari materia. 

20 (c) DEPOSITS TO THE FUND.— 

21 (1) QUOTA SET-ASIDES.—Any amount generated 

22 through quota set-asides established by a Council 

23 under the Magnuson-Stevens Fishery Conservation 

24 and Management Act (16 U.S.C. 1801 et seq.) and 

25 designated by the Council for inclusion in the Fishery 


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1 Conservation and Management Fund, may be depos2 ited in the Fund. 

3 (2) OTHER FUNDS.—In addition to amounts re4 ceived under sections 311(e)(1)(G) of the Magnuson5 Stevens Fishery Conservation and Management Act 

6 (16 U.S.C. 1861(e)(1)(G), and amounts received pur7 suant to paragraph (1) of this subsection, the Fishery 

8 Conservation and Management Fund may also receive 

9 funds from— 

10 (A) appropriations for the purposes of this 

11 section; and 

12 (B) States or other public sources or private 

13 or non-profit organizations for purposes of this 

14 section. 

15 (d) REGIONAL ALLOCATION.—The Secretary shall, 

16 every 2 years, apportion monies from the Fund among the 

17 eight Council regions according to consensus recommenda18 tions of the Councils, based on regional priorities identified 

19 through the Council process, except that no region shall re20 ceive less than 5 percent of the Fund in each allocation pe21 riod. 

22 (e) LIMITATION ON THE USE OF THE FUND.—No 

23 amount made available from the Fund may be used to de24 fray the costs of carrying out other requirements of this Act 


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1 or the Magnuson-Stevens Fishery Conservation and Man2 agement Act (16 U.S.C. 1801 et seq.). 

3 SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAP4 ITAL CONSTRUCTION FUND FOR SUSTAIN5 ABLE PURPOSES. 

6 (a) PURPOSE OF OBLIGATIONS.—Section 1104A(a)(7) 

7 of the Merchant Marine Act, 1936 (46 U.S.C. App. 

8 1274(a)(7)) is amended to read as follows: 

9 ‘‘(7) financing or refinancing including, 

10 ‘‘(A) the reimbursement of obligors for ex11 penditures previously made, for the purchase of 

12 individual fishing quotas in accordance with sec13 tion 303(d)(4) of the Magnuson-Stevens Fishery 

14 Conservation and Management Act; 

15 ‘‘(B) activities that assist in the transition 

16 to reduced fishing capacity; or 

17 ‘‘(C) technologies or upgrades designed to 

18 improve collection and reporting of fishery-de19 pendent data, to reduce bycatch, to improve se20 lectivity or reduce adverse impacts of fishing 

21 gear, or to improve safety.’’. 

22 (b) EXPANSION OF PURPOSES FOR QUALIFIED WITH23 DRAWALS.—Section 607(f)(1) of the Merchant Marine Act, 

24 1936 (46 U.S.C. App. 1177(f)(1)) is amended— 

25 (1) by striking ‘‘for:’’ and inserting ‘‘for—’’; 


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1 (B) by striking ‘‘vessel,’’ in subparagraph (A) 

2 and inserting ‘‘vessel;’’; 

3 (C) by striking ‘‘vessel, or’’ in subparagraph (B) 

4 and inserting ‘‘vessel;’’; 

5 (D) by striking ‘‘vessel.’’ in subparagraph (C) 

6 and inserting ‘‘vessel;’’; and 

7 (E) by inserting after subparagraph (C) the fol8 lowing: 

9 ‘‘(D) in the case of any person for whose 

10 benefit the fund was established and who partici11 pates in the fishing capacity reduction program 

12 under section 312 of the Magnuson-Stevens Fish13 ery Conservation and Management Act (16 

14 U.S.C. 1861a)— 

15 ‘‘(i) if such person remains in the fish16 ery, the satisfaction of any debt obligation 

17 undertaken pursuant to such program; and 

18 ‘‘(ii) if such person withdraws 1 or 

19 more vessels from the fishery, the substi20 tution of amounts the person would other21 wise receive under such program for such 

22 person’s vessel or permit to engage in the 

23 fishery; 


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1 ‘‘(E) the repair, maintenance, or upgrade of 

2 an eligible vessel or its equipment for the purpose 

3 of— 

4 ‘‘(i) making conservation engineering 

5 changes to reduce bycatch, improve selec6 tivity of fishing gear, or reduce adverse im7 pacts of fishing gear; 

8 ‘‘(ii) improving vessel safety; or 

9 ‘‘(iii) acquiring, installing, or upgrad10 ing equipment to improve collection, report11 ing, or accuracy of fishery data; or 

12 ‘‘(F) the acquisition, construction, recon13 struction, upgrading, or investment in shoreside 

14 fishery-related facilities or infrastructure in the 

15 United States for the purpose of promoting 

16 United States ownership of fishery-related facili17 ties in the United States without contributing to 

18 overcapacity in the sector.’’. 

19 SEC. 210. REGIONAL ECOSYSTEM RESEARCH. 

20 Section 406 (16 U.S.C. 1882) is amended by adding 

21 at the end the following: 

22 ‘‘(f) REGIONAL ECOSYSTEM RESEARCH.— 

23 ‘‘(1) STUDY.—Within 180 days after the date of 

24 enactment of the Magnuson-Stevens Fishery Conserva25 tion and Management Reauthorization Act of 2005, 


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1 the Secretary, in consultation with the Councils, shall 

2 undertake and complete a study on the state of the 

3 science for advancing the concepts and integration of 

4 ecosystem considerations in regional fishery manage5 ment. The study should build upon the recommenda6 tions of the advisory panel and include— 

7 ‘‘(A) recommendations for scientific data, 

8 information and technology requirements for un9 derstanding ecosystem processes, and methods for 

10 integrating such information from a variety of 

11 federal, state, and regional sources; 

12 ‘‘(B) recommendations for processes for in13 corporating broad stake holder participation; 

14 ‘‘(C) recommendations for processes to ac15 count for effects of environmental variation on 

16 fish stocks and fisheries; and 

17 ‘‘(D) a description of existing and devel18 oping council efforts to implement ecosystem ap19 proaches, including lessons learned by the coun20 cils. 

21 ‘‘(2) AGENCY TECHNICAL ADVICE AND ASSIST22 ANCE, REGIONAL PILOT PROGRAMS.—The Secretary 

23 is authorized to provide necessary technical advice 

24 and assistance, including grants, to the Councils for 

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1 grams that build upon the recommendations of the 

2 advisory panel and, when completed, the study.’’. 

3 SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY 

4 PROGRAM. 

5 Title IV (16 U.S.C. 1881 et seq.) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY 

8 PROGRAM. 

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

10 with appropriate regional fishery management councils and 

11 in coordination with other federal agencies and educational 

12 institutions, shall establish a program— 

13 ‘‘(1) to identify existing research on, and known 

14 locations of, deep sea corals and submit such informa15 tion to the appropriate Councils; 

16 ‘‘(2) to locate and map locations of deep sea cor17 als and submit such information to the Councils; 

18 ‘‘(3) to monitor activity in locations where deep 

19 sea corals are known or likely to occur, based on best 

20 scientific information available, including through 

21 underwater or remote sensing technologies and submit 

22 such information to the appropriate Councils; 

23 ‘‘(4) to conduct research, including cooperative 

24 research with fishing industry participants, on deep 

25 sea corals and related species, and on survey methods; 


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1 ‘‘(5) to develop technologies or methods designed 

2 to assist fishing industry participants in reducing 

3 interactions between fishing gear and deep sea corals; 

4 and 

5 ‘‘(6) to prioritize program activities in areas 

6 where deep sea corals are known to occur, and in 

7 areas where scientific modeling or other methods pre8 dict deep sea corals are likely to be present. 

9 ‘‘(b) REPORTING.—Beginning 1 year after the date of 

10 enactment of the Magnuson-Stevens Fishery Conservation 

11 and Management Reauthorization Act of 2005, the Sec12 retary, in consultation with the Councils, shall submit bien13 nial reports to Congress and the public on steps taken by 

14 the Secretary to identify and monitor, and the Councils to 

15 protect, deep sea coral areas, including summaries of the 

16 results of mapping, research, and data collection performed 

17 under the program.’’. 

18 SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON 

19 SHRIMPING. 

20 (a) IN GENERAL.—The Undersecretary of Commerce 

21 for Oceans and Atmosphere shall execute an agreement with 

22 the National Academy of Sciences to conduct, jointly, a 

23 multi-year, comprehensive in-water study designed— 


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1 (1) to measure accurately the efforts and effects 

2 of shrimp fishery efforts to utilize turtle excluder de3 vices; 

4 (2) to analyze the impact of those efforts on sea 

5 turtle mortality, including interaction between turtles 

6 and shrimp trawlers in the inshore, nearshore, and 

7 offshore waters of the Gulf of Mexico and similar geo8 graphical locations in the waters of the Southeastern 

9 United States; and 

10 (3) to evaluate innovative technologies to in11 crease shrimp retention in turtle excluder devices 

12 while ensuring the protection of endangered and 

13 threatened sea turtles. 

14 (b) OBSERVERS.—In conducting the study, the Under15 secretary shall ensure that observers are placed onboard 

16 commercial shrimp fishing vessels where appropriate or 

17 necessary. 

18 (c) INTERIM REPORTS.—During the course of the 

19 study and until a final report is submitted to the Senate 

20 Committee on Commerce, Science, and Transportation and 

21 the House of Representatives Committee on Resources, the 

22 National Academy of Sciences shall transmit interim re23 ports to the Committees biannually containing a summary 

24 of preliminary findings and conclusions from the study. 


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1 SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER 

2 FISHERIES AND HABITATS. 

3 (a) FISHERIES REPORT.—Within 180 days after the 

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

5 shall transmit a report to the Senate Committee on Com6 merce, Science, and Transportation and the House of Rep7 resentatives Committee on Resources on the impact of Hur8 ricane Katrina, Hurricane Rita, and Hurricane Wilma 

9 on— 

10 (1) commercial and recreational fisheries in the 

11 States of Alabama, Louisiana, Florida, Mississippi, 

12 and Texas; 

13 (2) shrimp fishing vessels in those States; and 

14 (3) the oyster industry in those States. 

15 (b) HABITAT REPORT.—Within 180 days after the 

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

17 shall transmit a report to the Senate Committee on Com18 merce, Science, and Transportation and the House of Rep19 resentatives Committee on Resources on the impact of Hur20 ricane Katrina, Hurricane Rita, and Hurricane Wilma on 

21 habitat, including the habitat of shrimp and oysters in 

22 those States. 

23 (c) HABITAT RESTORATION.—The Secretary shall 

24 carry out activities to restore fishery habitats, including the 

25 shrimp and oyster habitats in Louisiana and Mississippi. 


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1 TITLE III—OTHER FISHERIES 

2 STATUTES 

3 SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT 

4 ACT. 

5 (a) CIVIL PENALTIES.—Section 8(a) of the Northern 

6 Pacific Halibut Act of 1982 (16 U.S.C. 773f(a)) is amend7 ed— 

8 (1) by striking ‘‘$25,000’’ and inserting 

9 ‘‘$200,000’’; 

10 (2) by striking ‘‘violation, the degree of culpa11 bility, and history of prior offenses, ability to pay,’’ 

12 in the fifth sentence and inserting ‘‘violator, the de13 gree of culpability, any history of prior offenses,’’; 

14 and 

15 (3) by adding at the end the following: ‘‘In as16 sessing such penalty, the Secretary may also consider 

17 any information provided by the violator relating to 

18 the ability of the violator to pay if the information 

19 is provided to the Secretary at least 30 days prior to 

20 an administrative hearing.’’. 

21 (b) PERMIT SANCTIONS.—Section 8 of the Northern 

22 Pacific Halibut Act of 1982 (16 U.S.C. 773f) is amended 

23 by adding at the end the following: 

24 ‘‘(e) REVOCATION OR SUSPENSION OF PERMIT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may take any 

2 action described in paragraph (2) in any case in 

3 which— 

4 ‘‘(A) a vessel has been used in the commis5 sion of any act prohibited under section 7; 

6 ‘‘(B) the owner or operator of a vessel or 

7 any other person who has been issued or has ap8 plied for a permit under this Act has acted in 

9 violation of section 7; or 

10 ‘‘(C) any amount in settlement of a civil 

11 forfeiture imposed on a vessel or other property, 

12 or any civil penalty or criminal fine imposed on 

13 a vessel or owner or operator of a vessel or any 

14 other person who has been issued or has applied 

15 for a permit under any marine resource law en16 forced by the Secretary has not been paid and is 

17 overdue. 

18 ‘‘(2) PERMIT-RELATED ACTIONS.—Under the cir19 cumstances described in paragraph (1) the Secretary 

20 may— 

21 ‘‘(A) revoke any permit issued with respect 

22 to such vessel or person, with or without preju23 dice to the issuance of subsequent permits; 


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1 ‘‘(B) suspend such permit for a period of 

2 time considered by the Secretary to be appro3 priate; 

4 ‘‘(C) deny such permit; or 

5 ‘‘(D) impose additional conditions and re6 strictions on any permit issued to or applied for 

7 by such vessel or person under this Act and, with 

8 respect to any foreign fishing vessel, on the ap9 proved application of the foreign nation involved 

10 and on any permit issued under that applica11 tion. 

12 ‘‘(3) FACTORS TO BE CONSIDERED.—In impos13 ing a sanction under this subsection, the Secretary 

14 shall take into account— 

15 ‘‘(A) the nature, circumstances, extent, and 

16 gravity of the prohibited acts for which the sanc17 tion is imposed; and 

18 ‘‘(B) with respect to the violator, the degree 

19 of culpability, any history of prior offenses, and 

20 such other matters as justice may require. 

21 ‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of 

22 ownership of a vessel, a permit, or any interest in a 

23 permit, by sale or otherwise, shall not extinguish any 

24 permit sanction that is in effect or is pending at the 

25 time of transfer of ownership. Before executing the 


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1 transfer of ownership of a vessel, permit, or interest 

2 in a permit, by sale or otherwise, the owner shall dis3 close in writing to the prospective transferee the exist4 ence of any permit sanction that will be in effect or 

5 pending with respect to the vessel, permit, or interest 

6 at the time of the transfer. 

7 ‘‘(5) REINSTATEMENT.—In the case of any per8 mit that is suspended under this subsection for non9 payment of a civil penalty, criminal fine, or any 

10 amount in settlement of a civil forfeiture, the Sec11 retary shall reinstate the permit upon payment of the 

12 penalty, fine, or settlement amount and interest there13 on at the prevailing rate. 

14 ‘‘(6) HEARING.—No sanction shall be imposed 

15 under this subsection unless there has been prior op16 portunity for a hearing on the facts underlying the 

17 violation for which the sanction is imposed either in 

18 conjunction with a civil penalty proceeding under 

19 this section or otherwise. 

20 ‘‘(7) PERMIT DEFINED.—In this subsection, the 

21 term ‘permit’ means any license, certificate, approval, 

22 registration, charter, membership, exemption, or other 

23 form of permission issued by the Commission or the 

24 Secretary, and includes any quota share or other 

25 transferable quota issued by the Secretary.’’. 


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1 (c) CRIMINAL PENALTIES.—Section 9(b) of the North2 ern Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is 

3 amended— 

4 (1) by striking ‘‘$50,000’’ and inserting 

5 ‘‘$200,000’’; and 

6 (2) by striking ‘‘$100,000,’’ and inserting 

7 ‘‘$400,000,’’. 

8 SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS. 

9 (a) ATLANTIC STRIPED BASS CONSERVATION ACT.— 

10 Section 7(a) of the Atlantic Striped Bass Conservation Act 

11 (16 U.S.C. 5156(a)) is amended to read as follows: 

12 ‘‘(a) AUTHORIZATION.—For each of fiscal years 2006, 

13 2007, 2008, 2009, and 2010, there are authorized to be ap14 propriated to carry out this Act— 

15 ‘‘(1) $1,000,000 to the Secretary of Commerce; 

16 and 

17 ‘‘(2) $250,000 to the Secretary of the Interior.’’. 

18 (b) YUKON RIVER SALMON ACT OF 2000.—Section 208 

19 of the Yukon River Salmon Act of 2000 (16 U.S.C. 5727) 

20 is amended by striking ‘‘$4,000,000 for each of fiscal years 

21 2004 through 2008,’’ and inserting ‘‘$4,000,000 for each of 

22 fiscal years 2006 through 2010,’’. 

23 (c) SHARK FINNING PROHIBITION ACT.—Section 10 of 

24 the Shark Finning Prohibition Act (16 U.S.C. 1822 note) 


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1 is amended by striking ‘‘fiscal years 2001 through 2005’’ 

2 and inserting ‘‘fiscal years 2006 through 2010’’. 

3 (d) PACIFIC SALMON TREATY ACT.— 

4 (1) TRANSFER OF SECTION TO ACT.—The text of 

5 section 623 of title VI of H.R. 3421 (113 Stat. 

6 1501A–56), as introduced on November 17, 1999, and 

7 enacted into law by section 1000(a)(1) of the Act of 

8 November 29, 1999 (Public Law 106–113)— 

9 (A) is transferred to the Pacific Salmon 

10 Treaty Act (16 U.S.C. 3631 et seq.) and inserted 

11 after section 15; and 

12 (B) amended— 

13 (i) by striking ‘‘SEC. 623.’’; and 

14 (ii) inserting before ‘‘(a) NORTHERN

15 FUND AND SOUTHERN FUND.—’’ the fol16 lowing: 

17 ‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IM18 PLEMENTATION; ADDITIONAL AUTHORIZA19 TION OF APPROPRIATIONS.’’. 

20 (2) TECHNICAL CORRECTION.—The amendment 

21 made by the Department of Commerce and Related 

22 Agencies Appropriations Act, 2005 under the heading 

23 ‘‘PACIFIC COASTAL SALMON RECOVERY’’ (118 Stat. 

24 2881), to section 628(2)(A) of the Departments of 

25 Commerce, Justice, and State, the Judiciary, and ReVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 lated Agencies Appropriations Act, 2001 is deemed to 

2 have been made to section 623(d)(2)(A) of title VI of 

3 H.R. 3421 (113 Stat. 1501A–56), as introduced on 

4 November 17, 1999, enacted into law by section 

5 1000(a)(1) of the Act of November 29, 1999 (Public 

6 Law 106–113) instead of to such section 628(2)(A), as 

7 of the date of enactment of the Department of Com8 merce and Related Agencies Appropriations Act, 

9 2005. 

10 (3) REAUTHORIZATION.—Section 16(d)(2)(A) of 

11 the Pacific Salmon Treaty Act, as transferred by sub12 section (a), is amended— 

13 (1) by inserting ‘‘sustainable salmon fisheries,’’ 

14 after ‘‘enhancement,’’; and 

15 (2) by inserting ‘‘2006, 2007, 2008, and 2009,’’ 

16 after ‘‘2005,’’. 

17 (e) STATE AUTHORITY FOR DUNGENESS CRAB FISH18 ERY MANAGEMENT.—Section 203 of Public Law 105–384 

19 (16 U.S.C. 1856 note) is amended— 

20 (1) by striking ‘‘September 30, 2006.’’ in sub21 section (i) and inserting ‘‘September 30, 2016.’’; 

22 (2) by striking ‘‘health’’ in subsection (j) and in23 serting ‘‘status’’; and 

24 (3) by striking ‘‘California.’’ in subsection (j) 

25 and inserting ‘‘California, including— 


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1 ‘‘(1) stock status and trends throughout its 

2 range; 

3 ‘‘(2) a description of applicable research and sci4 entific review processes used to determine stock status 

5 and trends; and 

6 ‘‘(3) measures implemented or planned that are 

7 designed to prevent or end overfishing in the fishery.’’. 

8 TITLE IV—INTERNATIONAL 

9 SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE. 

10 Title II (16 U.S.C. 1821 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘SEC. 207. INTERNATIONAL MONITORING AND COMPLI13 ANCE. 

14 ‘‘(a) IN GENERAL.—The Secretary may undertake ac15 tivities to promote improved monitoring and compliance for 

16 high seas fisheries, or fisheries governed by international 

17 fishery management agreements, and to implement the re18 quirements of this title. 

19 ‘‘(b) SPECIFIC AUTHORITIES.—In carrying out sub20 section (a), the Secretary may— 

21 ‘‘(1) share information on harvesting and proc22 essing capacity and illegal, unreported and unregu23 lated fishing on the high seas, in areas covered by 

24 international fishery management agreements, and by 

25 vessels of other nations within the United States exVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 clusive economic zone, with relevant law enforcement 

2 organizations of foreign nations and relevant inter3 national organizations; 

4 ‘‘(2) further develop real time information shar5 ing capabilities, particularly on harvesting and proc6 essing capacity and illegal, unreported and unregu7 lated fishing; 

8 ‘‘(3) participate in global and regional efforts to 

9 build an international network for monitoring, con10 trol, and surveillance of high seas fishing and fishing 

11 under regional or global agreements; 

12 ‘‘(4) support efforts to create an international 

13 registry or database of fishing vessels, including by 

14 building on or enhancing registries developed by 

15 international fishery management organizations; 

16 ‘‘(5) enhance enforcement capabilities through 

17 the application of commercial or governmental remote 

18 sensing technology to locate or identify vessels engaged 

19 in illegal, unreported, or unregulated fishing on the 

20 high seas, including encroachments into the exclusive 

21 economic zone by fishing vessels of other nations; 

22 ‘‘(6) provide technical or other assistance to de23 veloping countries to improve their monitoring, con24 trol, and surveillance capabilities; and 


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1 ‘‘(7) support coordinated international efforts to 

2 ensure that all large-scale fishing vessels operating on 

3 the high seas are required by their flag State to be 

4 fitted with vessel monitoring systems no later than 

5 December 31, 2008, or earlier if so decided by the rel6 evant flag State or any relevant international fishery 

7 management organization.’’. 

8 SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNRE9 PORTED, AND UNREGULATED FISHING. 

10 Section 2(a) (16 U.S.C. 1801(a)), as amended by sec11 tion 3 of this Act, is further amended by adding at the end 

12 the following: 

13 ‘‘(12) International cooperation is necessary to 

14 address illegal, unreported, and unregulated fishing 

15 and other fishing practices which may harm the sus16 tainability of living marine resources and disadvan17 tage the United States fishing industry.’’. 

18 SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UN19 REGULATED FISHING AND REDUCE BYCATCH 

20 OF PROTECTED MARINE SPECIES. 

21 (a) IN GENERAL.—Title VI of the High Seas Driftnet 

22 Fishing Moratorium Protection Act (16 U.S.C. 1826d et 

23 seq.), is amended by adding at the end the following: 


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1 ‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLI2 ANCE. 

3 ‘‘The Secretary, in consultation with the Secretary of 

4 State, shall provide to Congress, by not later than 2 years 

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

6 Conservation and Management Reauthorization Act of 

7 2005, and every 2 years thereafter, a report that includes— 

8 ‘‘(1) the state of knowledge on the status of inter9 national living marine resources, including a list of 

10 all fish stocks classified as overfished, overexploited, 

11 depleted, endangered, or threatened with extinction by 

12 any international or other authority charged with 

13 management or conservation of living marine re14 sources; 

15 ‘‘(2) a list of nations whose vessels have been 

16 identified under sections 609(a) or 610(a), including 

17 the specific offending activities and any subsequent 

18 actions taken pursuant to section 609 or 610; 

19 ‘‘(3) a description of efforts taken by nations on 

20 those lists to comply with the provisions of sections 

21 609 and 610, and an evaluation of the progress of 

22 those efforts, including steps taken by the United 

23 States to implement those sections and to improve 

24 international compliance; 

25 ‘‘(4) progress at the international level, pursuant 

26 to section 608, to strengthen the efforts of interVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 national fishery management organizations to end il2 legal, unreported, or unregulated fishing; and 

3 ‘‘(5) a plan of action for ensuring the conclusion 

4 and entry into force of international measures com5 parable to those of the United States to reduce im6 pacts of fishing and other practices on protected liv7 ing marine resources, if no international agreement 

8 to achieve such goal exists, or if the relevant inter9 national fishery or conservation organization has 

10 failed to implement effective measures to end or re11 duce the adverse impacts of fishing practices on such 

12 species. 

13 ‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISH14 ERY MANAGEMENT ORGANIZATIONS. 

15 ‘‘The Secretary, in consultation with the Secretary of 

16 State, and in cooperation with relevant fishery manage17 ment councils, shall take actions to improve the effectiveness 

18 of international fishery management organizations in con19 serving and managing fish stocks under their jurisdiction. 

20 These actions shall include— 

21 ‘‘(1) urging international fishery management 

22 organizations to which the United States is a mem23 ber— 

24 ‘‘(A) to incorporate multilateral sanctions 

25 against member or nonmember governments 


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1 whose vessels engage in illegal, unreported, or 

2 unregulated fishing; 

3 ‘‘(B) to seek adoption of lists that identify 

4 fishing vessels engaged in illegal, unreported, or 

5 unregulated fishing, including authorized (green) 

6 and unauthorized (red) vessel lists, that can be 

7 shared among all members and other inter8 national fishery management organizations; 

9 ‘‘(C) to seek international adoption of a 

10 centralized vessel monitoring system with an 

11 independent secretariat in order to monitor and 

12 document capacity in fleets of all nations in13 volved in fishing in areas under the an inter14 national fishery management organization’s ju15 risdiction; 

16 ‘‘(D) to increase use of observers and tech17 nologies needed to monitor compliance with con18 servation and management measures established 

19 by the organization, including vessel monitoring 

20 systems and automatic identification systems; 

21 and 

22 ‘‘(E) to seek adoption of greater port state 

23 controls in all nations, particularly those na24 tions whose vessels engage in illegal, unreported, 

25 or unregulated fishing; 


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1 ‘‘(2) urging international fishery management 

2 organizations to which the United States is a mem3 ber, as well as all members of those organizations, to 

4 adopt and expand the use of market-related measures 

5 to combat illegal, unreported, or unregulated fishing, 

6 including— 

7 ‘‘(A) import prohibitions, landing restric8 tions, or other market-based measures needed to 

9 enforce compliance with international fishery 

10 management organization measures, such as 

11 quotas and catch limits; 

12 ‘‘(B) import restrictions or other market13 based measures to prevent the trade or importa14 tion of fish caught by vessels identified multilat15 erally as engaging in illegal, unreported, or un16 regulated fishing; and 

17 ‘‘(C) catch documentation and certification 

18 schemes to improve tracking and identification 

19 of catch of vessels engaged in illegal, unreported, 

20 or unregulated fishing, including advance trans21 mission of catch documents to ports of entry; and 

22 ‘‘(3) urging other nations at bilateral, regional, 

23 and international levels, including the Convention on 

24 International Trade in Endangered Species of Fauna 

25 and Flora and the World Trade Organization to take 


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1 all steps necessary, consistent with international law, 

2 to adopt measures and policies that will prevent fish 

3 or other living marine resources harvested by vessels 

4 engaged in illegal, unreported, or unregulated fishing 

5 from being traded or imported into their nation or 

6 territories. 

7 ‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISH8 ING. 

9 ‘‘(a) IDENTIFICATION.—The Secretary shall identify, 

10 and list in the report under section 607, a nation if— 

11 ‘‘(1) fishing vessels of that nation are engaged, or 

12 have been engaged during the preceding calendar year 

13 in illegal, unreported, or unregulated fishing; and 

14 ‘‘(2) the relevant international fishery manage15 ment organization has failed to implement effective 

16 measures to end the illegal unreported, or unregulated 

17 fishing activity by vessels of that nation or the nation 

18 is not a party to, or does not maintain cooperating 

19 status with, such organization, or where no inter20 national fishery management organization exists. 

21 ‘‘(b) NOTIFICATION.—An identification under sub22 section (a) or section 610(a) is deemed to be an identifica23 tion under section 101(b)(1)(A) of the High Seas Driftnet 

24 Fisheries Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), and 


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1 the Secretary shall notify the President and that nation of 

2 such identification. 

3 ‘‘(c) CONSULTATION.—No later than 60 days after sub4 mitting a report to Congress under section 607, the Sec5 retary, in consultation with the Secretary of State, shall— 

6 ‘‘(1) notify nations listed in the report of the re7 quirements of this section; 

8 ‘‘(2) initiate consultations for the purpose of en9 couraging such nations to take the appropriate correc10 tive action with respect to the offending activities of 

11 their fishing vessels identified in the report; and 

12 ‘‘(3) notify any relevant international fishery 

13 management organization of the actions taken by the 

14 United States under this section. 

15 ‘‘(d) IUU CERTIFICATION PROCEDURE.— 

16 ‘‘(1) CERTIFICATION.—The Secretary shall estab17 lish a procedure, consistent with the provisions of sub18 chapter II of chapter 5 of title 5, United States Code, 

19 and including notice and an opportunity for com20 ment by the governments of any nation listed by the 

21 Secretary under subsection (a), for determining if 

22 that government has taken appropriate corrective ac23 tion with respect to the offending activities of its fish24 ing vessels identified in the report under section 607. 

25 The Secretary shall determine, on the basis of the proVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 cedure, and certify to the Congress no later than 90 

2 days after the date on which the Secretary promul3 gates a final rule containing the procedure, and bien4 nially thereafter in the report under section 607— 

5 ‘‘(A) whether the government of each nation 

6 identified under subsection (b) has provided doc7 umentary evidence that it has taken corrective 

8 action with respect to the offending activities of 

9 its fishing vessels identified in the report; or 

10 ‘‘(B) whether the relevant international 

11 fishery management organization has imple12 mented measures that are effective in ending the 

13 illegal, unreported, or unregulated fishing activ14 ity by vessels of that nation. 

15 ‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary 

16 may establish a procedure for certification, on a ship17 ment-by-shipment, shipper-by-shipper, or other basis 

18 of fish or fish products from a vessel of a harvesting 

19 nation not certified under paragraph (1) if the Sec20 retary determines that— 

21 ‘‘(A) the vessel has not engaged in illegal, 

22 unreported, or unregulated fishing under an 

23 international fishery management agreement to 

24 which the United States is a party; or 


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1 ‘‘(B) the vessel is not identified by an inter2 national fishery management organization as 

3 participating in illegal, unreported, or unregu4 lated fishing activities. 

5 ‘‘(3) EFFECT OF CERTIFICATION.—The provi6 sions of section 101(a) and section 101(b)(3) and (4) 

7 of this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) 

8 shall apply to any nation identified under subsection 

9 (a) that has not been certified by the Secretary under 

10 this subsection, or for which the Secretary has issued 

11 a negative certification under this subsection, but 

12 shall not apply to any nation identified under sub13 section (a) for which the Secretary has issued a posi14 tive certification under this subsection. 

15 ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISH16 ING DEFINED.— 

17 ‘‘(1) IN GENERAL.—In this Act the term ‘illegal, 

18 unreported, or unregulated fishing’ has the meaning 

19 established under paragraph (2). 

20 ‘‘(2) SECRETARY TO DEFINE TERM WITHIN LEG21 ISLATIVE GUIDELINES.—Within 3 months after the 

22 date of enactment of the Magnuson-Stevens Fishery 

23 Conservation and Management Reauthorization Act 

24 of 2005, the Secretary shall publish a definition of the 


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1 term ‘illegal, unreported, or unregulated fishing’ for 

2 purposes of this Act. 

3 ‘‘(3) GUIDELINES.—The Secretary shall include 

4 in the definition, at a minimum— 

5 ‘‘(A) fishing activities that violate conserva6 tion and management measures required under 

7 an international fishery management agreement 

8 to which the United States is a party, including 

9 catch limits or quotas, capacity restrictions, and 

10 bycatch reduction requirements; 

11 ‘‘(B) overfishing of fish stocks shared by the 

12 United States, for which there are no applicable 

13 international conservation or management meas14 ures or in areas with no applicable international 

15 fishery management organization or agreement, 

16 that has adverse impacts on such stocks; and 

17 ‘‘(C) fishing activity, including bottom 

18 trawling, that have adverse impacts on 

19 seamounts, hydrothermal vents, and cold water 

20 corals located beyond national jurisdiction, for 

21 which there are no applicable conservation or 

22 management measures or in areas with no ap23 plicable international fishery management orga24 nization or agreement. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Secretary for fiscal 

3 years 2006 through 2012 such sums as are necessary to 

4 carry out this section. 

5 ‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

6 ‘‘(a) IDENTIFICATION.—The Secretary shall identify, 

7 and list in the report under section 607, a nation if— 

8 ‘‘(A) fishing vessels of that nation are en9 gaged, or have been engaged during the preceding 

10 calendar year in fishing activities or practices 

11 beyond the exclusive economic zone that result in 

12 bycatch of a protected living marine resource; 

13 ‘‘(2) the relevant international organization 

14 for the conservation and protection of such spe15 cies or the relevant international or regional 

16 fishery organization has failed to implement ef17 fective measures to end or reduce the impacts of 

18 the fishing practices of the nation’s vessels on 

19 such species, or the nation is not a party to, or 

20 does not maintain cooperating status with, such 

21 organization; and 

22 ‘‘(3) the nation has not adopted a regu23 latory program governing such fishing practices 

24 and associated bycatch of protected living ma25 rine resources that are comparable to those of the 


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1 United States, taking into account different con2 ditions. 

3 ‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec4 retary, acting through the Secretary of State, shall— 

5 ‘‘(1) notify, as soon as possible, other nations 

6 whose vessels engage in fishing activities or practices 

7 described in subsection (a), about the requirements of 

8 this section and this Act; 

9 ‘‘(2) initiate discussions as soon as possible with 

10 all foreign governments which are engaged in, or 

11 which have persons or companies engaged in, fishing 

12 activities or practices described in subsection (a), for 

13 the purpose of entering into bilateral and multilateral 

14 treaties with such countries to protect such species; 

15 ‘‘(3) seek agreements calling for international re16 strictions on fishing activities or practices described 

17 in subsection (a) through the United Nations, the 

18 Food and Agriculture Organization’s Committee on 

19 Fisheries, and appropriate international fishery man20 agement bodies; and 

21 ‘‘(4) initiate the amendment of any existing 

22 international treaty for the protection and conserva23 tion of such species to which the United States is a 

24 party in order to make such treaty consistent with the 

25 purposes and policies of this section. 


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1 ‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— 

2 ‘‘(1) CERTIFICATION.—The Secretary shall deter3 mine, on the basis of a procedure consistent with the 

4 provisions of subchapter II of chapter 5 of title 5, 

5 United States Code, and including notice and an op6 portunity for comment by the governments of any na7 tion identified by the Secretary under subsection (a). 

8 The Secretary shall certify to the Congress by Janu9 ary 31, 2007, and annually thereafter whether the 

10 government of each harvesting nation— 

11 ‘‘(A) has provided documentary evidence of 

12 the adoption of a regulatory program governing 

13 the conservation of the protected living marine 

14 resource, including measures to ensure maximum 

15 probability for survival after release, that is com16 parable to that of the United States, taking into 

17 account different conditions, and which, in the 

18 case of pelagic longline fishing, includes manda19 tory use of circle hooks, careful handling and re20 lease equipment, and training and observer pro21 grams; and 

22 ‘‘(B) has established a management plan 

23 containing requirements that will assist in gath24 ering species-specific data to support inter25 national stock assessments and conservation enVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 forcement efforts for protected living marine re2 sources. 

3 ‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary 

4 shall establish a procedure for certification, on a ship5 ment-by-shipment, shipper-by-shipper, or other basis 

6 of fish or fish products from a vessel of a harvesting 

7 nation not certified under paragraph (1) if the Sec8 retary determines that such imports were harvested by 

9 practices that do not result in bycatch of a protected 

10 marine species, or were harvested by practices that— 

11 ‘‘(A) are comparable to those of the United 

12 States, taking into account different conditions, 

13 and which, in the case of pelagic longline fish14 ing, includes mandatory use of circle hooks, care15 ful handling and release equipment, and train16 ing and observer programs; and 

17 ‘‘(B) include the gathering of species specific 

18 data that can be used to support international 

19 and regional stock assessments and conservation 

20 efforts for protected living marine resources. 

21 ‘‘(3) EFFECT OF CERTIFICATION.—The provi22 sions of section 101(a) and section 101(b)(3) and (4) 

23 of this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) 

24 shall apply to any nation identified under subsection 

25 (a) that has not been certified by the Secretary under 


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1 this subsection, or for which the Secretary has issued 

2 a negative certification under this subsection, but 

3 shall not apply to any nation identified under sub4 section (a) for which the Secretary has issued a posi5 tive certification under this subsection. 

6 ‘‘(d) INTERNATIONAL COOPERATION AND ASSIST7 ANCE.—To the greatest extent possible consistent with exist8 ing authority and the availability of funds, the Secretary 

9 shall— 

10 ‘‘(1) provide appropriate assistance to nations 

11 identified by the Secretary under subsection (a) and 

12 international organizations of which those nations are 

13 members to assist those nations in qualifying for cer14 tification under subsection (c); 

15 ‘‘(2) undertake, where appropriate, cooperative 

16 research activities on species statistics and improved 

17 harvesting techniques, with those nations or organiza18 tions; 

19 ‘‘(3) encourage and facilitate the transfer of ap20 propriate technology to those nations or organizations 

21 to assist those nations in qualifying for certification 

22 under subsection (c); and 

23 ‘‘(4) provide assistance to those nations or orga24 nizations in designing and implementing appropriate 

25 fish harvesting plans. 


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1 ‘‘(e) PROTECTED LIVING MARINE RESOURCE DE2 FINED.—In this section the term ‘protected living marine 

3 resource’— 

4 ‘‘(1) means non-target fish, sea turtles, or ma5 rine mammals occurring in areas beyond United 

6 States jurisdiction that are protected under United 

7 States law or international agreement, including the 

8 Marine Mammal Protection Act, the Endangered Spe9 cies Act, the Shark Finning Prohibition Act, and the 

10 Convention on International Trade in Endangered 

11 Species of Wild Flora and Fauna; but 

12 ‘‘(2) does not include species, except sharks, man13 aged under the Magnuson-Stevens Fishery Conserva14 tion and Management Act, the Atlantic Tunas Con15 vention Act, or any international fishery management 

16 agreement. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated to the Secretary for fiscal 

19 years 2006 through 2012 such sums as are necessary to 

20 carry out this section.‘‘. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) DENIAL OF PORT PRIVILEGES.—Section 

23 101(b) of the High Seas Driftnet Fisheries Enforce24 ment Act (16 U.S.C. 1826a(b)) is amended by insert25 ing ‘‘or illegal, unreported, or unregulated fishing‘‘ 


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1 after ‘‘fishing‘‘ in paragraph (1)(A)(i), paragraph 

2 (1)(B), paragraph (2), and paragraph (4)(A)(i). 

3 (2) DURATION OF DENIAL.—Section 102 of the 

4 High Seas Driftnet Fisheries Enforcement Act (16 

5 U.S.C. 1826b) is amended by inserting ‘‘or illegal, 

6 unreported , or unregulated fishing‘‘ after ‘‘fishing‘‘. 

7 SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISH8 ERIES. 

9 (a) WAIVER AUTHORITY.—Section 201(h)(2)(B) (16 

10 U.S.C. 1821(h)(2)(B)) is amended by striking ‘‘that is at 

11 least equal in effectiveness to the program established by 

12 the Secretary;’’ and inserting ‘‘or other monitoring program 

13 that the Secretary, in consultation with the Western Pacific 

14 Management Council, determines is adequate to monitor 

15 harvest, bycatch, and compliance with the laws of the 

16 United States by vessels fishing under the agreement;’’. 

17 (b) MARINE CONSERVATION PLANS.—Section 

18 204(e)(4)(A)(i) (16 U.S.C. 1824(e)(4)(A)(i)) is amended to 

19 read as follows: 

20 ‘‘(i) Pacific Insular Area observer programs, or 

21 other monitoring programs, that the Secretary deter22 mines are adequate to monitor the harvest, bycatch, 

23 and compliance with the laws of the United States by 

24 foreign fishing vessels that fish under Pacific Insular 

25 Area fishing agreements;’’. 


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1 SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CON2 VENTION ACT. 

3 (a) IN GENERAL.—Section 10 of the Atlantic Tunas 

4 Convention Act of 1975 (16 U.S.C. 971h) is amended to 

5 read as follows: 

6 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘(a) IN GENERAL.—There are authorized to be appro8 priated to the Secretary to carry out this Act, including 

9 use for payment of the United States share of the joint ex10 penses of the Commission as provided in Article X of the 

11 Convention— 

12 ‘‘(1) $5,495,000 for fiscal year 2006; 

13 ‘‘(2) $5,770,000 for each of fiscal years 2007 and 

14 2008; 

15 ‘‘(3) $6,058,000 for each of fiscal years 2009 and 

16 2010; and 

17 ‘‘(4) $6,631,000 for each of fiscal years 2011 and 

18 2012. 

19 ‘‘(b) ALLOCATION.—Of the amounts made available 

20 under subsection (a) for each fiscal year— 

21 ‘‘(1) $160,000 are authorized for the advisory 

22 committee established under section 4 of this Act and 

23 the species working groups established under section 

24 4A of this Act; and 

25 ‘‘(2) $7,500,000 are authorized for research ac26 tivities under this Act and section 3 of Public Law 


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1 96–339 (16 U.S.C. 971i), of which $3,000,000 shall be 

2 for the cooperative research program under section 

3 3(b)(2)(H) of that section (16 U.S.C. 971i(b)(2)(H).’’. 

4 (b) ATLANTIC BILLFISH COOPERATIVE RESEARCH

5 PROGRAM.—Section 3(b)(2) of Public Law 96–339 (16 

6 U.S.C. 971i(b)(2)) is amended— 

7 (1) by striking ‘‘and’’ after the semicolon in sub8 paragraph (G); 

9 (2) by redesignating subparagraph (H) as sub10 paragraph (I); and 

11 (3) by inserting after subparagraph (G) the fol12 lowing: 

13 ‘‘(H) include a cooperative research pro14 gram on Atlantic billfish based on the Southeast 

15 Fisheries Science Center Atlantic Billfish Re16 search Plan of 2002; and’’. 

17 SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC 

18 EQUITY. 

19 (a) REBUILDING OVERFISHED FISHERIES.—Section 

20 304(e) (16 U.S.C. 1854(e)) is amended by adding at the 

21 end thereof the following: 

22 ‘‘(8) The provisions of this paragraph shall 

23 apply in lieu of paragraphs (2) through (7) of this 

24 subsection to a fishery that the Secretary determines 

25 is overfished or approaching a condition of being 


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1 overfished due to excessive international fishing pres2 sure, and for which there are no management meas3 ures to end overfishing under an international agree4 ment to which the United States is a party. For such 

5 fisheries— 

6 ‘‘(A) the Secretary, in cooperation with the 

7 Secretary of State, immediately take appropriate 

8 action at the international level to end the over9 fishing; and 

10 ‘‘(B) within 1 year after the Secretary’s de11 termination, the appropriate Council, or Sec12 retary, for fisheries under section 302(a)(3) 

13 shall— 

14 ‘‘(i) develop recommendations for do15 mestic regulations to address the relative 

16 impact of fishing vessels of the United 

17 States on the stock and, if developed by a 

18 Council, the Council shall submit such rec19 ommendations to the Secretary; and 

20 ‘‘(ii) develop and submit recommenda21 tions to the Secretary of State, and to the 

22 Congress, for international actions that will 

23 end overfishing in the fishery and rebuild 

24 the affected stocks, taking into account the 

25 relative impact of vessels of other nations 


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1 and vessels of the United States on the rel2 evant stock.’’. 

3 (b) HIGHLY MIGRATORY SPECIES TAGGING RE4 SEARCH.—Section 304(g)(2) (16 U.S.C. 1854(g)(2)) is 

5 amended by striking ‘‘(16 U.S.C. 971d)’’ and inserting ‘‘(16 

6 U.S.C. 971d), or highly migratory species harvested in a 

7 commercial fishery managed by a Council under this Act 

8 or the Western and Central Pacific Fisheries Convention 

9 Implementation Act,’’. 

10 TITLE V—IMPLEMENTATION OF 

11 WESTERN AND CENTRAL PA12 CIFIC FISHERIES CONVEN13 TION 

14 SEC. 501. SHORT TITLE. 

15 This title may be cited as the ‘‘Western and Central 

16 Pacific Fisheries Convention Implementation Act’’. 

17 SEC. 502. DEFINITIONS. 

18 In this title: 

19 (1) 1982 CONVENTION.—The term ‘‘1982 Conven20 tion’’ means the United Nations Convention on the 

21 Law of the Sea of 10 December 1982. 

22 (2) AGREEMENT.—The term ‘‘Agreement’’ means 

23 the Agreement for the Implementation of the Provi24 sions of the United Nations Convention on the Law 

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1 servation and Management of Straddling Fish Stocks 

2 and Highly Migratory Fish Stocks. 

3 (3) COMMISSION.—The term ‘‘Commission’’ 

4 means the Commission for the Conservation and 

5 Management of Highly Migratory Fish Stocks in the 

6 Western and Central Pacific Ocean established in ac7 cordance with this Convention. 

8 (4) CONVENTION AREA.—The term ‘‘convention 

9 area’’ means all waters of the Pacific Ocean bounded 

10 to the south and to the east by the following line: 

11 From the south coast of Australia due south along the 

12 141th meridian of east longitude to its intersection 

13 with the 55th parallel of south latitude; thence due 

14 east along the 55th parallel of south latitude to its 

15 intersection with the 150th meridian of east lon16 gitude; thence due south along the 150th meridian of 

17 east longitude to its intersection with the 60th par18 allel of south latitude; thence due east along the 60th 

19 parallel of south latitude to its intersection with the 

20 130th meridian of west longitude; thence due north 

21 along the 130th meridian of west longitude to its 

22 intersection with the 4th parallel of south latitude; 

23 thence due west along the 4th parallel of south lati24 tude to its intersection with the 150th meridian of 


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1 west longitude; thence due north along the 150th me2 ridian of west longitude. 

3 (5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex4 clusive economic zone’’ means the zone established by 

5 Presidential Proclamation Numbered 5030 of March 

6 10, 1983. 

7 (6) FISHING.—The term ‘‘fishing’’ means: 

8 (A) searching for, catching, taking, or har9 vesting fish. 

10 (B) attempting to search for, catch, take, or 

11 harvest fish. 

12 (C) engaging in any other activity which 

13 can reasonably be expected to result in the locat14 ing, catching, taking, or harvesting of fish for 

15 any purpose. 

16 (D) placing, searching for, or recovering 

17 fish aggregating devices or associated electronic 

18 equipment such as radio beacons. 

19 (E) any operations at sea directly in sup20 port of, or in preparation for, any activity de21 scribed in subparagraphs (A) through (D), in22 cluding transshipment. 

23 (F) use of any other vessel, vehicle, aircraft, 

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1 gencies involving the health and safety of the 

2 crew or the safety of a vessel. 

3 (7) FISHING VESSEL.—The term ‘‘fishing vessel’’ 

4 means any vessel used or intended for use for the pur5 pose of fishing, including support ships, carrier ves6 sels, and any other vessel directly involved in such 

7 fishing operations. 

8 (8) HIGHLY MIGRATORY FISH STOCKS.—The 

9 term ‘‘highly migratory fish stocks’’ means all fish 

10 stocks of the species listed in Annex 1 of the 1982 

11 Convention occurring in the Convention Area, and 

12 such other species of fish as the Commission may de13 termine. 

14 (9) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

16 (10) STATE.—The term ‘‘State’’ means each of 

17 the several States of the United States, the District of 

18 Columbia, the Commonwealth of the Northern Mar19 iana Islands, American Samoa, Guam, and any other 

20 commonwealth, territory, or possession of the United 

21 States. 

22 (11) TRANSHIPMENT.—The term ‘‘trans23 shipment’’ means the unloading of all or any of the 

24 fish on board a fishing vessel to another fishing vessel 

25 either at sea or in port. 


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1 (12) WCPCF CONVENTION; WESTERN AND CEN2 TRAL PACIFIC CONVENTION.—The terms ‘‘WCPCF 

3 Convention’’ and ‘‘Western and Central Pacific Con4 vention’’ means the Convention on the Conservation 

5 and Management of the Highly Migratory Fish Stocks 

6 in the Western and Central Pacific Ocean, with An7 nexes, which was adopted at Honolulu, Hawaii, on 

8 September 5, 2000, by the Multilateral High Level 

9 Conference on the Highly Migratory Fish Stocks in 

10 the Western and Central Pacific Ocean. 

11 SEC. 503. APPOINTMENT OF UNITED STATES COMMIS12 SIONERS. 

13 (a) IN GENERAL.—The United States shall be rep14 resented on the Commission by 5 United States Commis15 sioners. The President shall appoint individuals to serve on 

16 the Commission at the pleasure of the President. In making 

17 the appointments, the President shall select Commissioners 

18 from among individuals who are knowledgeable or experi19 enced concerning highly migratory fish stocks in the West20 ern and Central Pacific Ocean, one of whom shall be an 

21 officer or employee of the Department of Commerce, and 

22 one of whom shall be the chairman or a member of the West23 ern Pacific Fishery Management Council. The Commis24 sioners shall be entitled to adopt such rules of procedures 

25 as they find necessary and to select a chairman from among 


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1 members who are officers or employees of the United States 

2 Government. 

3 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

4 State, in consultation with the Secretary, may designate 

5 from time to time and for periods of time deemed appro6 priate Alternate United States Commissioners to the Com7 mission. Any Alternate United States Commissioner may 

8 exercise at any meeting of the Commission, Council, any 

9 Panel, or the advisory committee established pursuant to 

10 subsection (d), all powers and duties of a United States 

11 Commissioner in the absence of any Commissioner ap12 pointed pursuant to subsection (a) of this section for what13 ever reason. The number of such Alternate United States 

14 Commissioners that may be designated for any such meet15 ing shall be limited to the number of United States Commis16 sioners appointed pursuant to subsection (a) of this section 

17 who will not be present at such meeting. 

18 (c) ADMINISTRATIVE MATTERS.— 

19 (1) EMPLOYMENT STATUS.—Individuals serving 

20 as such Commissioners, other than officers or employ21 ees of the United States Government, shall be consid22 ered to be Federal employees while performing such 

23 service, only for purposes of— 

24 (A) injury compensation under chapter 81 

25 of title 5, United States Code; 


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1 (B) tort claims liability as provided under 

2 chapter 171 of title 28 United States Code; 

3 (C) requirements concerning ethics, conflicts 

4 of interest, and corruption as provided under 

5 title 18, United States Code; and 

6 (D) any other criminal or civil statute or 

7 regulation governing the conduct of Federal em8 ployees. 

9 (2) COMPENSATION.—The United States Com10 missioners or Alternate Commissioners, although offi11 cers of the United States while so serving, shall re12 ceive no compensation for their services as such Com13 missioners or Alternate Commissioners. 

14 (3) TRAVEL EXPENSES.— 

15 (A) The Secretary of State shall pay the 

16 necessary travel expenses of United States Com17 missioners and Alternate United States Commis18 sioners in accordance with the Federal Travel 

19 Regulations and sections 5701, 5702, 5704 

20 through 5708, and 5731 of title 5, United States 

21 Code. 

22 (B) The Secretary may reimburse the Sec23 retary of State for amounts expended by the Sec24 retary of State under this subsection. 

25 (d) ADVISORY COMMITTEES.— 


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1 (1) ESTABLISHMENT OF PERMANENT ADVISORY

2 COMMITTEE.— 

3 (A) MEMBERSHIP.—There is established an 

4 advisory committee which shall be composed of— 

5 (i) not less than 15 nor more than 20 

6 individuals appointed by the United States 

7 Commissioners who shall select such indi8 viduals from the various groups concerned 

9 with the fisheries covered by the WCPFC 

10 Convention, providing, to the maximum ex11 tent practicable, an equitable balance 

12 among such groups; 

13 (ii) the chair of the Western Pacific 

14 Fishery Management Council’s Advisory 

15 Committee or the chair’s designee; and 

16 (iii) officials of the fisheries manage17 ment authorities of American Samoa, 

18 Guam, and the Northern Mariana Islands 

19 (or their designees). 

20 (B) TERMS AND PRIVILEGES.—Each mem21 ber of the advisory committee appointed under 

22 subparagraph (A) shall serve for a term of 2 

23 years and shall be eligible for reappointment. 

24 Members of the advisory committee may attend 

25 all public meetings of the Commission, Council, 


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1 or any Panel and any other meetings to which 

2 they are invited by the Commission, Council, or 

3 any Panel. The advisory committee shall be in4 vited to attend all non-executive meetings of the 

5 United States Commissioners and at such meet6 ings shall be given opportunity to examine and 

7 to be heard on all proposed programs of inves8 tigation, reports, recommendations, and regula9 tions of the Commission. 

10 (C) PROCEDURES.—The advisory committee 

11 established by subparagraph (A) shall determine 

12 its organization, and prescribe its practices and 

13 procedures for carrying out its functions under 

14 this chapter, the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 1801 

16 et seq.), and the WCPFC Convention. The advi17 sory committee shall publish and make available 

18 to the public a statement of its organization, 

19 practices, and procedures. A majority of the 

20 members of the advisory committee shall con21 stitute a quorum, but one or more such members 

22 designated by the advisory committee may hold 

23 meetings to provide for public participation and 

24 to discuss measures relating to the United States 

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1 tions. Meetings of the advisory committee, except 

2 when in executive session, shall be open to the 

3 public, and prior notice of meetings shall be 

4 made public in a timely fashion. and the advi5 sory committee shall not be subject to the Federal 

6 Advisory Committee Act (5 U.S.C. App.). 

7 (D) PROVISION OF INFORMATION.—The Sec8 retary and the Secretary of State shall furnish 

9 the advisory committee with relevant informa10 tion concerning fisheries and international fish11 ery agreements. 

12 (2) ADMINISTRATIVE MATTERS.— 

13 (A)SUPPORT SERVICES.—The Secretary 

14 shall provide to advisory committees in a timely 

15 manner such administrative and technical sup16 port services as are necessary for their effective 

17 functioning. 

18 (B) COMPENSATION; STATUS; EXPENSES.— 

19 Individuals appointed to serve as a member of 

20 an advisory committee— 

21 (i) shall serve without pay, but while 

22 away from their homes or regular places of 

23 business in the performance of services for 

24 the advisory committee shall be allowed 

25 travel expenses, including per diem in lieu 


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1 of subsistence, in the same manner as per2 sons employed intermittently in the Govern3 ment service are allowed expenses under sec4 tion 5703 of title 5, United States Code; 

5 and 

6 (ii) shall not be considered Federal em7 ployees by reason of their service as mem8 bers of an advisory committee, except for 

9 purposes of injury compensation or tort 

10 claims liability as provided in chapter 81 of 

11 title 5, United States Code, and chapter 171 

12 of title 28, United States Code. 

13 (f) MEMORANDUM OF UNDERSTANDING.—For highly 

14 migratory species in the Pacific, the Secretary, in coordina15 tion with the Secretary of State, shall develop a memo16 randum of understanding with the Western Pacific, Pacific, 

17 and North Pacific Fishery Management Councils, that 

18 specifies the role of the relevant Council or Councils with 

19 respect to— 

20 (1) participation in United States delegations to 

21 international fishery organizations in the Pacific 

22 Ocean, including government-to-government consulta23 tions; 

24 (2) providing formal recommendations to the 

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1 essary measures for both domestic and foreign vessels 

2 fishing for these species; 

3 (3) coordinating positions with the United States 

4 delegation for presentation to the appropriate inter5 national fishery organization; and 

6 (4) recommending those domestic fishing regula7 tions that are consistent with the actions of the inter8 national fishery organization, for approval and im9 plementation under the Magnuson-Stevens Fishery 

10 Conservation and Management Act (16 U.S.C. 1801 

11 et seq.) 

12 SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SEC13 RETARY OF STATE. 

14 The Secretary of State may— 

15 (1) receive and transmit, on behalf of the United 

16 States, reports, requests, recommendations, proposals, 

17 decisions, and other communications of and to the 

18 Commission; 

19 (2) in consultation with the Secretary and the 

20 United States Commissioners, approve, disapprove, 

21 object to, or withdraw objections to bylaws and rules, 

22 or amendments thereof, adopted by the WCPFC Com23 mission, and, with the concurrence of the Secretary to 

24 approve or disapprove the general annual program of 

25 the WCPFC Commission with respect to conservation 


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1 and management measures and other measures pro2 posed or adopted in accordance with the WCPFC 

3 Convention; and 

4 (3) act upon, or refer to other appropriate au5 thority, any communication referred to in paragraph 

6 (1). 

7 SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF 

8 COMMERCE. 

9 (a) PROMULGATION OF REGULATIONS.—The Sec10 retary, in consultation with the Secretary of the Depart11 ment in which the Coast Guard is operating and the appro12 priate Regional Fishery Management Council, shall pro13 mulgate such regulations as may be necessary to carry out 

14 the United States international obligations under the 

15 WCPFC Convention and this title. The Secretary shall pro16 mulgate such regulations in accordance with the procedures 

17 established by the Magnuson-Stevens Fishery Conservation 

18 and Management Act (16 U.S.C. 1801 et seq.). 

19 (b) ADDITIONS TO FISHERY REGIMES AND REGULA20 TIONS.—The Secretary may promulgate regulations appli21 cable to nationals or vessels of the United States, or both, 

22 which are in addition to, and not in conflict with, fishery 

23 conservation and management measures and regulations 

24 adopted under the WCPFC Convention. 


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1 SEC. 506. ENFORCEMENT. 

2 (a) IN GENERAL.—The Secretary may— 

3 (1) administer and enforce this title and any 

4 regulations issued under this title, including enforce5 ment of any such regulations within the boundaries 

6 of any State bordering on the convention area; 

7 (2) request and utilize on a reimbursed or non8 reimbursed basis the assistance, services, personnel, 

9 equipment, and facilities of other Federal depart10 ments and agencies in— 

11 (A) the administration and enforcement of 

12 this title; and 

13 (B) the conduct of scientific, research, and 

14 other programs under this title; 

15 (3) conduct fishing operations and biological ex16 periments for purposes of scientific investigation or 

17 other purposes necessary to implement the WCPFC 

18 Convention; 

19 (4) collect, utilize, and disclose such information 

20 as may be necessary to implement the WCPFC Con21 vention, subject to sections 552 and 552a of title 5, 

22 United States Code, and section 402(b) of the Magnu23 son-Stevens Fishery Conservation and Management 

24 Act (16 U.S.C. 1881a(b)); 

25 (5) assess and collect fees to recover the costs of 

26 implementing and enforcing this title, policy and 


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1 rulemaking activities, user information services, 

2 international activities under this title, and the costs 

3 to the United States of enforcing the WCPFC Conven4 tion, which shall be deposited as an offsetting collec5 tion in, and credited to, the account providing appro6 priations to carry out the functions of the Secretary 

7 under this title; and 

8 (6) issue permits to owners and operators of 

9 United States vessels to fish in the convention area 

10 seaward of the United States Exclusive Economic 

11 Zone. 

12 (b) PROHIBITED ACTS.—It is unlawful for any person 

13 to violate any provision of this title or the regulations pro14 mulgated under this title. 

15 (c) ACTIONS BY THE SECRETARY.—The Secretary shall 

16 prevent any person from violating this title in the same 

17 manner, by the same means, and with the same jurisdic18 tion, powers, and duties as though all applicable terms and 

19 provisions of the Magnuson-Stevens Fishery Conservation 

20 and Management Act (16 U.S.C. 1857) were incorporated 

21 into and made a part of this title. Any person that violates 

22 any provision of this title is subject to the penalties and 

23 entitled to the privileges and immunities provided in the 

24 Magnuson-Stevens Fishery Conservation and Management 

25 Act in the same manner, by the same means, and with the 


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1 same jurisdiction, power, and duties as though all applica2 ble terms and provisions of that Act were incorporated into 

3 and made a part of this title. 

4 SEC. 507. PENALTIES. 

5 This title shall be enforced by the Secretary as if a 

6 violation of this title or of any regulation promulgated by 

7 the Commission under this title were a violation of section 

8 307 of the Magnuson-Stevens Fishery Conservation and 

9 Management Act (16 U.S.C. 1857). 

10 SEC. 508. COOPERATION IN CARRYING OUT CONVENTION. 

11 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI12 TUTIONS AND ORGANIZATIONS.—The United States Com13 missioners, through the Secretary of State and with the con14 currence of the Secretary, institution, or organization con15 cerned, may arrange for the cooperation of Federal agencies 

16 and of State and private institutions and organizations in 

17 carrying out responsibilities under the WCPFC Convention. 

18 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

19 AND PERSONNEL.—All Federal agencies are authorized, 

20 upon the request of the Secretary of Commerce Commission, 

21 to cooperate in the conduct of scientific and other programs 

22 and to furnish facilities and personnel for the purpose of 

23 assisting the Commission in carrying out its duties under 

24 the WCPFC Convention. 


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1 SEC. 509. TERRITORIAL PARTICIPATION. 

2 The Secretary of State shall ensure participation in 

3 the Commission and its subsidiary bodies by American 

4 Samoa, Guam, and the Northern Mariana Islands to the 

5 same extent provided to the territories of other nations. 

6 SEC. 510. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Sec8 retary of Commerce such sums as may be necessary to carry 

9 out this title and to pay the United States’ contribution 

10 to the Commission under section 5 of part III of the 

11 WCPFC Convention. 

12 TITLE VI—PACIFIC WHITING 

13 SEC. 601. SHORT TITLE. 

14 This title may be cited as the ‘‘Pacific Whiting Act 

15 of 2005’’. 

16 SEC. 602. DEFINITIONS. 

17 In this title: 

18 (1) ADVISORY PANEL.—The term ‘‘advisory 

19 panel’’ means the Advisory Panel on Pacific Hake/ 

20 Whiting established by the Agreement. 

21 (2) AGREEMENT.—The term ‘‘Agreement’’ means 

22 the Agreement between the Government of the United 

23 States and the Government of Canada on Pacific 

24 Hake/Whiting, signed at Seattle, Washington, on No25 vember 21, 2003. 


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1 (3) CATCH.—The term ‘‘catch’’ means all fishery 

2 removals from the offshore whiting resource, including 

3 landings, discards, and bycatch in other fisheries. 

4 (4) JOINT MANAGEMENT COMMITTEE.—The term 

5 ‘‘joint management committee’’ means the joint man6 agement committee established by the Agreement. 

7 (5) JOINT TECHNICAL COMMITTEE.—The term 

8 ‘‘joint technical committee’’ means the joint technical 

9 committee established by the Agreement. 

10 (6) OFFSHORE WHITING RESOURCE.—The term 

11 ‘‘offshore whiting resource’’ means the transboundary 

12 stock of Merluccius productus that is located in the 

13 offshore waters of the United States and Canada ex14 cept in Puget Sound and the Strait of Georgia. 

15 (7) SCIENTIFIC REVIEW GROUP.—The term ‘‘sci16 entific review group’’ means the scientific review 

17 group established by the Agreement. 

18 (8) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Commerce. 

20 (9) UNITED STATES SECTION.—The term 

21 ‘‘United States Section’’ means the United States rep22 resentatives on the joint management committee. 

23 SEC. 603. UNITED STATES REPRESENTATION ON JOINT 

24 MANAGEMENT COMMITTEE. 

25 (a) REPRESENTATIVES.— 


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1 (1) IN GENERAL.—The Secretary, in consultation 

2 with the Secretary of State, shall appoint 4 individ3 uals to represent the United States as the United 

4 States Section on the joint management committee. In 

5 making the appointments, the Secretary shall select 

6 representatives from among individuals who are 

7 knowledgeable or experienced concerning the offshore 

8 whiting resource. Of these— 

9 (A) 1 shall be an official of the National 

10 Oceanic and Atmospheric Administration; 

11 (B) 1 shall be a member of the Pacific Fish12 ery Management Council, appointed with consid13 eration given to any recommendation provided 

14 by that Council; 

15 (C) 1 shall be appointed from a list sub16 mitted by the treaty Indian tribes with treaty 

17 fishing rights to the offshore whiting resource; 

18 and 

19 (D) 1 shall be appointed from the commer20 cial sector of the whiting fishing industry con21 cerned with the offshore whiting resource. 

22 (2) TERM OF OFFICE.—Each representative ap23 pointed under paragraph (1) shall be appointed for a 

24 term not to exceed 4 years, except that, of the initial 

25 appointments, 2 representatives shall be appointed for 


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1 terms of 2 years. Any individual appointed to fill a 

2 vacancy occurring prior to the expiration of the term 

3 of office of that individual’s predecessor shall be ap4 pointed for the remainder of that term. A representa5 tive may be appointed for a term of less than 4 years 

6 if such term is necessary to ensure that the term of 

7 office of not more than 2 representatives will expire 

8 in any single year. An individual appointed to serve 

9 as a representative is eligible for reappointment. 

10 (3) CHAIR.—Unless otherwise agreed by all of 

11 the 4 representatives, the chair shall rotate annually 

12 among the 4 members, with the order of rotation de13 termined by lot at the first meeting. 

14 (b) ALTERNATE REPRESENTATIVES.—The Secretary, 

15 in consultation with the Secretary of State, may designate 

16 alternate representatives of the United States to serve on 

17 the joint management committee. An alternative representa18 tive may exercise, at any meeting of the committee, all the 

19 powers and duties of a representative in the absence of a 

20 duly designated representative for whatever reason. 

21 SEC. 604. UNITED STATES REPRESENTATION ON THE SCI22 ENTIFIC REVIEW GROUP. 

23 (a) IN GENERAL.—The Secretary, in consultation with 

24 the Secretary of State, shall appoint no more than 2 sci25 entific experts to serve on the scientific review group. An 


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1 individual shall not be eligible to serve on the scientific re2 view group while serving on the joint technical committee. 

3 (b) TERM.—An individual appointed under subsection 

4 (a) shall be appointed for a term of not to exceed 4 years, 

5 but shall be eligible for reappointment. An individual ap6 pointed to fill a vacancy occurring prior to the expiration 

7 of a term of office of that individual’s predecessor shall be 

8 appointed to serve for the remainder of that term. 

9 (c) JOINT APPOINTMENTS.—In addition to individuals 

10 appointed under subsection (a), the Secretary, jointly with 

11 the Government of Canada, may appoint to the scientific 

12 review group, from a list of names provided by the advisory 

13 panel — 

14 (1) up to 2 independent members of the scientific 

15 review group; and 

16 (2) 2 public advisors. 

17 SEC. 605. UNITED STATES REPRESENTATION ON JOINT 

18 TECHNICAL COMMITTEE. 

19 (a) SCIENTIFIC EXPERTS.— 

20 (1) IN GENERAL.—The Secretary, in consultation 

21 with the Secretary of State, shall appoint at least 6 

22 but not more than 12 individuals to serve as scientific 

23 experts on the joint technical committee, at least 1 of 

24 whom shall be an official of the National Oceanic and 

25 Atmospheric Administration. 


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1 (2) TERM OF OFFICE.—An individual appointed 

2 under paragraph (1) shall be appointed for a term of 

3 not to exceed 4 years, but shall be eligible for re4 appointment. An individual appointed to fill a va5 cancy occurring prior to the expiration of the term of 

6 office of that individual’s predecessor shall be ap7 pointed for the remainder of that term. 

8 (b) INDEPENDENT MEMBER.—In addition to individ9 uals appointed under subsection (a), the Secretary, jointly 

10 with the Government of Canada, shall appoint 1 inde11 pendent member to the joint technical committee selected 

12 from a list of names provided by the advisory panel. 

13 SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY 

14 PANEL. 

15 (a) IN GENERAL.— 

16 (1) APPOINTMENT.—The Secretary, in consulta17 tion with the Secretary of State, shall appoint at 

18 least 6 but not more than 12 individuals to serve as 

19 members of the advisory panel, selected from among 

20 individuals who are— 

21 (A) knowledgeable or experienced in the 

22 harvesting, processing, marketing, management, 

23 conservation, or research of the offshore whiting 

24 resource; and 

25 (B) not employees of the United States. 


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1 (2) TERM OF OFFICE.—An individual appointed 

2 under paragraph (1) shall be appointed for a term of 

3 not to exceed 4 years, but shall be eligible for re4 appointment. An individual appointed to fill a va5 cancy occurring prior to the expiration of the term of 

6 office of that individual’s predecessor shall be ap7 pointed for the remainder of that term. 

8 SEC. 607. RESPONSIBILITIES OF THE SECRETARY. 

9 (a) IN GENERAL.—The Secretary is responsible for 

10 carrying out the Agreement and this title, including the au11 thority, to be exercised in consultation with the Secretary 

12 of State, to accept or reject, on behalf of the United States, 

13 recommendations made by the joint management com14 mittee. 

15 (b) REGULATIONS; COOPERATION WITH CANADIAN OF16 FICIALS.—In exercising responsibilities under this title, the 

17 Secretary— 

18 (1) may promulgate such regulations as may be 

19 necessary to carry out the purposes and objectives of 

20 the Agreement and this title; and 

21 (2) with the concurrence of the Secretary of 

22 State, may cooperate with officials of the Canadian 

23 Government duly authorized to carry out the Agree24 ment. 


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1 SEC. 608. RULEMAKING. 

2 (a) APPLICATION WITH MAGNUSON-STEVENS ACT.— 

3 The Secretary shall establish the United States catch level 

4 for Pacific whiting according to the standards and proce5 dures of the Agreement and this title rather than under the 

6 standards and procedures of the Magnuson-Stevens Fishery 

7 Conservation and Management Act (16 U.S.C. 1801 et seq.), 

8 except to the extent necessary to address the rebuilding 

9 needs of other species. Except for establishing the catch level, 

10 all other aspects of Pacific whiting management shall be— 

11 (1) subject to the Magnuson-Stevens Fishery 

12 Conservation and Management Act; and 

13 (2) consistent with this title. 

14 (b) JOINT MANAGEMENT COMMITTEE RECOMMENDA15 TIONS.—For any year in which both parties to the Agree16 ment approve recommendations made by the joint manage17 ment committee with respect to the catch level, the Secretary 

18 shall implement the approved recommendations. Any regu19 lation promulgated by the Secretary to implement any such 

20 recommendation shall apply, as necessary, to all persons 

21 and all vessels subject to the jurisdiction of the United 

22 States wherever located. 

23 (c) YEARS WITH NO APPROVED CATCH RECOMMENDA24 TIONS.—If the parties to the Agreement do not approve the 

25 joint management committee’s recommendation with re26 spect to the catch level for any year, the Secretary shall 


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1 establish the total allowable catch for Pacific whiting for 

2 the United States catch. In establishing the total allowable 

3 catch under this subsection, the Secretary shall— 

4 (1) take into account any recommendations from 

5 the Pacific Fishery Management Council, the joint 

6 management committee, the joint technical committee, 

7 the scientific review group, and the advisory panel; 

8 (2) base the total allowable catch on the best sci9 entific information available; 

10 (3) use the default harvest rate set out in para11 graph 1 of Article III of the Agreement unless the Sec12 retary determines that the scientific evidence dem13 onstrates that a different rate is necessary to sustain 

14 the offshore whiting resource; and 

15 (4) establish the United State’s share of the total 

16 allowable catch based on paragraph 2 of Article III 

17 of the Agreement and make any adjustments nec18 essary under section 5 of Article II of the Agreement. 

19 SEC. 609. ADMINISTRATIVE MATTERS. 

20 (a) EMPLOYMENT STATUS.—Individuals serving as 

21 such Commissioners, other than officers or employees of the 

22 United States Government, shall be considered to be Federal 

23 employees while performing such service, only for purposes 

24 of— 


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1 (1) injury compensation under chapter 81 of 

2 title 5, United States Code; 

3 (2) tort claims liability as provided under chap4 ter 171 of title 28 United States Code; 

5 (3) requirements concerning ethics, conflicts of 

6 interest, and corruption as provided under title 18, 

7 United States Code; and 

8 (4) any other criminal or civil statute or regula9 tion governing the conduct of Federal employees. 

10 (b) COMPENSATION.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), an individual appointed under this title 

13 shall receive no compensation for the individual’s 

14 service as a representative, alternate representative, 

15 scientific expert, or advisory panel member under this 

16 title. 

17 (2) SCIENTIFIC REVIEW GROUP.—Notwith18 standing paragraph (1), the Secretary may employ 

19 and fix the compensation of an individual appointed 

20 under section 604(a) to serve as a scientific expert on 

21 the scientific review group who is not employed by the 

22 United States Government, a State government, or an 

23 Indian tribal government in accordance with section 

24 3109 of title 5, United States Code. 


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1 (c) TRAVEL EXPENSES.—Except as provided in sub2 section (d), the Secretary shall pay the necessary travel ex3 penses of individuals appointed under this title in accord4 ance with the Federal Travel Regulations and sections 

5 5701, 5702, 5704 through 5708, and 5731 of title 5, United 

6 States Code. 

7 (d) JOINT APPOINTEES.—With respect to the 2 inde8 pendent members of the scientific review group and the 2 

9 public advisors to the scientific review group jointly ap10 pointed under section 604(c), and the 1 independent mem11 ber to the joint technical committee jointly appointed under 

12 section 605(b), the Secretary may pay up to 50 percent of— 

13 (1) any compensation paid to such individuals; 

14 and 

15 (2) the necessary travel expenses of such individ16 uals. 

17 SEC. 610. ENFORCEMENT. 

18 (a) IN GENERAL.—The Secretary may— 

19 (1) administer and enforce this title and any 

20 regulations issued under this title; 

21 (2) request and utilize on a reimbursed or non22 reimbursed basis the assistance, services, personnel, 

23 equipment, and facilities of other Federal depart24 ments and agencies in the administration and en25 forcement of this title; and 


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1 (3) collect, utilize, and disclose such information 

2 as may be necessary to implement the Agreement and 

3 this title, subject to sections 552 and 552a of title 5, 

4 United States Code. 

5 (b) PROHIBITED ACTS.—It is unlawful for any person 

6 to violate any provision of this title or the regulations pro7 mulgated under this title. 

8 (c) ACTIONS BY THE SECRETARY.—The Secretary shall 

9 prevent any person from violating this title in the same 

10 manner, by the same means, and with the same jurisdic11 tion, powers, and duties as though all applicable terms and 

12 provisions of the Magnuson-Stevens Fishery Conservation 

13 and Management Act (16 U.S.C. 1857) were incorporated 

14 into and made a part of this title. Any person that violates 

15 any provision of this title is subject to the penalties and 

16 entitled to the privileges and immunities provided in the 

17 Magnuson-Stevens Fishery Conservation and Management 

18 Act in the same manner, by the same means, and with the 

19 same jurisdiction, power, and duties as though all applica20 ble terms and provisions of that Act were incorporated into 

21 and made a part of this title. 

22 (d) PENALTIES.—This title shall be enforced by the 

23 Secretary as if a violation of this title or of any regulation 

24 promulgated by the Secretary under this title were a violaVerDate Aug 31 2005 23:56 Apr 04, 2006 Jkt 049200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 E:\BILLS\S2012.RS S2012

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1 tion of section 307 of the Magnuson-Stevens Fishery Con2 servation and Management Act (16 U.S.C. 1857). 

3 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary such sums as may be necessary to carry out the obli6 gations of the United States under the Agreement and this 

7 title. 


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Calendar No. 389 

109TH CONGRESS 

2D SESSION S. 2012 

[Report No. 109

–229] 

A BILL 

To authorize appropriations to the Secretary of 

poses. years 2006 through 2012, and for other purConservation and Management Act for fiscal Commerce for the Magnuson-Stevens Fishery 

APRIL 4, 2006 

Reported with an amendment 


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