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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2012

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and 
                            recovery program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal 
                            habitats.
Sec. 119. Prohibited acts.
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. Hurricane effects on shrimp and oyster fisheries and 
                            habitats.
Sec. 214. Northwest Pacific fisheries conservation.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
                  Title III--Other Fisheries Statutes

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

Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated 
                            fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and 
                            reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific Insular Area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
   Title V--Implementation of Western and Central Pacific Fisheries 
                               Convention

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
                       Title VI--Pacific Whiting

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

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

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

SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.

    (a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is amended by 
adding at the end the following:
            ``(11) A number of the Fishery Management Councils have 
        demonstrated significant progress in integrating ecosystem 
        considerations in fisheries management using the existing 
        authorities provided under this Act.''.
    (b) In General.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by inserting after paragraph (6) the following:
            ``(6A) The term `confidential information' means--
                    ``(A) trade secrets; or
                    ``(B) commercial or financial information the 
                disclosure of which is likely to result in substantial 
                harm to the competitive position of the person who 
                submitted the information to the Secretary.'';
            (2) by inserting after paragraph (13) the following:
            ``(13A) The term `regional fishery association' means an 
        association formed for the mutual benefit of members--
                    ``(A) to meet social and economic needs in a region 
                or subregion; and
                    ``(B) comprised of persons engaging in the harvest 
                or processing of fishery resources in that specific 
                region or subregion or who otherwise own or operate 
                businesses substantially dependent upon a fishery.'';
            (3) by inserting after paragraph (20) the following:
            ``(20A) The term `import'--
                    ``(A) means to land on, bring into, or introduce 
                into, or attempt to land on, bring into, or introduce 
                into, any place subject to the jurisdiction of the 
                United States, whether or not such landing, bringing, 
                or introduction constitutes an importation within the 
                meaning of the customs laws of the United States; but
                    ``(B) does not include any activity described in 
                subparagraph (A) with respect to fish caught in the 
                exclusive economic zone or by a vessel of the United 
                States.'';
            (4) by inserting after paragraph (23) the following:
            ``(23A) The term `limited access privilege'--
                    ``(A) means a Federal permit, issued as part of a 
                limited access system under section 303A to harvest a 
                quantity of fish expressed by a unit or units 
                representing a portion of the total allowable catch of 
                the fishery that may be received or held for exclusive 
                use by a person; and
                    ``(B) includes an individual fishing quota; but
                    ``(C) does not include community development quotas 
                as described in section 305(i).
            ``(23B) The term `limited access system' means a system 
        that limits participation in a fishery to those satisfying 
        certain eligibility criteria or requirements contained in a 
        fishery management plan or associated regulation.''; and
            (5) by inserting after paragraph (27) the following:
            ``(27A) The term `observer information' means any 
        information collected, observed, retrieved, or created by an 
        observer or electronic monitoring system pursuant to 
        authorization by the Secretary, or collected as part of a 
        cooperative research initiative, including fish harvest or 
        processing observations, fish sampling or weighing data, vessel 
        logbook data, vessel or processor-specific information 
        (including any safety, location, or operating condition 
        observations), and video, audio, photographic, or written 
        documents.''.
    (c) Redesignation.--Paragraphs (1) through (45) of section 3 (16 
U.S.C. 1802), as amended by subsection (a), are redesignated as 
paragraphs (1) thorough (51), respectively.
    (d) Conforming Amendments.--
            (1) The following provisions of the Act are amended by 
        striking ``an individual fishing quota'' and inserting ``a 
        limited access privilege'':
                    (A) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 
                1883(a)(1)(D); (c)(1)).
            (2) The following provisions of the Act are amended by 
        striking ``individual fishing quota'' and inserting ``limited 
        access privilege'':
                    (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
                    (B) Section 304(d)(2)(A)(i) (16 U.S.C. 
                1854(d)(2)(A)(i)).
                    (C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
            (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
        striking ``individual fishing quotas,'' and inserting ``limited 
        access privileges,''.

SEC. 4. HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1812) is amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:
    ``(b) Traditional Participation.--In managing any fisheries under 
an international fisheries agreement to which the United States is a 
party, the appropriate Council or Secretary shall take into account the 
traditional participation in the fishery, relative to other nations, by 
fishermen of the United States on fishing vessels of the United States.
    ``(c) Promotion of Stock Management.--If a relevant international 
fisheries organization does not have a process for developing a formal 
plan to rebuild a depleted stock, an overfished stock, or a stock that 
is approaching a condition of being overfished, the provisions of this 
Act in this regard shall be communicated to and promoted by the United 
States in the international or regional fisheries organization.''.

SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

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

SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

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

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out the provisions of this Act--
            ``(1) $328,004,000 for fiscal year 2006;
            ``(2) $337,844,000 for fiscal year 2007;
            ``(3) $347,684,000 for fiscal year 2008;
            ``(4) $357,524,000 for fiscal year 2009;
            ``(5) $367,364,000 for fiscal year 2010;
            ``(6) $377,204,000 for fiscal year 2011; and
            ``(7) $387,044,000 for fiscal year 2012.''.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended by inserting ``by utilizing economic and social data that 
meet the requirements of paragraph (2),'' after ``fishing 
communities''.
    (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is 
amended by striking ``describe the likely effects, if any, of the 
conservation and management measures on--'' and inserting ``analyze the 
likely effects, if any, including the cumulative economic and social 
impacts, of the conservation and management measures on, and possible 
mitigation measures for--''.

SEC. 102. CARIBBEAN COUNCIL JURISDICTION.

    Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by 
inserting ``and of commonwealths, territories, and possessions of the 
United States in the Caribbean Sea'' after ``seaward of such States''.

SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16 
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the 
following:
    ``(D) The tribal representative appointed under subparagraph (A) 
may designate as an alternate, during the period of the 
representative's term, an individual knowledgeable concerning tribal 
rights, tribal law, and the fishery resources of the geographical area 
concerned.''.
    (b) Scientific and Statistical Committees.--Section 302(g) (16 
U.S.C. 1852(g)) is amended--
            (1) by striking so much of subsection (g) as precedes 
        paragraph (2) and inserting the following:
    ``(g) Committees and Advisory Panels.--
            ``(1)(A) Each Council shall establish, maintain, and 
        appoint the members of a scientific and statistical committee 
        to assist it in the development, collection, evaluation, and 
        peer review of such statistical, biological, economic, social, 
        and other scientific information as is relevant to such 
        Council's development and amendment of any fishery management 
        plan.
            ``(B) Each scientific and statistical committee shall 
        provide its Council ongoing scientific advice for fishery 
        management decisions, including recommendations for acceptable 
        biological catch or maximum sustainable yield, and reports on 
        stock status and health, bycatch, habitat status, socio-
        economic impacts of management measures, and sustainability of 
        fishing practices.
            ``(C) Members appointed by the Councils to the scientific 
        and statistical committees shall be Federal employees, State 
        employees, academicians, or independent experts with strong 
        scientific or technical credentials and experience.
            ``(D) The Secretary and each Council may establish a peer 
        review process for that Council for scientific information used 
        to advise the Council about the conservation and management of 
        the fishery. The review process, which may include existing 
        committees or panels, is deemed to satisfy the requirements of 
        the guidelines issued pursuant to section 515 of the Treasury 
        and General Government Appropriations Act for Fiscal year 2001 
        (Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
            ``(E) In addition to the provisions of section 302(f)(7), 
        the Secretary may pay a stipend to members of the scientific 
        and statistical committees or advisory panels who are not 
        employed by the Federal government or a State marine fisheries 
        agency.'';
            (2) by striking ``other'' in paragraph (2); and
            (3) by resetting the left margin of paragraphs (2) through 
        (5) 2 ems from the left.
    (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is 
amended--
            (1) by striking ``authority, and'' in paragraph (5) and 
        inserting ``authority;'';
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) develop annual catch limits for each of its managed 
        fisheries after considering the recommendations of its 
        scientific and statistical committee or the peer review process 
        established under subsection (g); and''.
    (d) Regular and Emergency Meetings.--Section 302(i)(2)(C) (16 
U.S.C. 1852(i)(2)(C)) is amended by striking ``published in local 
newspapers in the major fishing ports of the region (and in other major 
fishing ports having a direct interest in the affected fishery) and 
such notice may be given by such other means as will result in wide 
publicity.'' and inserting ``provided by any means that will result in 
wide publicity in the major fishing ports of the region (and in other 
major fishing ports having a direct interest in the affected fishery), 
except that e-mail notification and website postings alone are not 
sufficient.''.
    (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers in the 
major fishing ports within its region (and in other major, affected 
fishing ports,'' and inserting ``provide notice by any means that will 
result in wide publicity in the major fishing ports of the region (and 
in other major fishing ports having a direct interest in the affected 
fishery),''.
    (f) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
    ``(k) Council Training Program.--
            ``(1) Training course.--Within 6 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2006, the Secretary, in 
        consultation with the Councils and the National Sea Grant 
        College Program, shall develop a training course for newly 
        appointed Council members. The course may cover a variety of 
        topics relevant to matters before the Councils, including--
                    ``(A) fishery science and basic stock assessment 
                methods;
                    ``(B) fishery management techniques, data needs, 
                and Council procedures;
                    ``(C) social science and fishery economics;
                    ``(D) tribal treaty rights and native customs, 
                access, and other rights related to Western Pacific 
                indigenous communities;
                    ``(E) legal requirements of this Act, including 
                conflict of interest and disclosure provisions of this 
                section and related policies;
                    ``(F) other relevant legal and regulatory 
                requirements, including the National Environmental 
                Policy Act (42 U.S.C. 4321 et seq.);
                    ``(G) public process for development of fishery 
                management plans; and
                    ``(H) other topics suggested by the Council.
            ``(2) Member training.--The training course shall be 
        available to both new and existing Council members, and may be 
        made available to committee or advisory panel members as 
        resources allow.
    ``(l) Council Coordination Committee.--The Councils may establish a 
Council coordination committee consisting of the chairs, vice chairs, 
and executive directors of each of the 8 Councils described in 
subsection (a)(1), or other Council members or staff, in order to 
discuss issues of relevance to all Councils, including issues related 
to the implementation of this Act.''.
    (g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is 
amended--
            (1) by striking ``to the Councils or to the scientific and 
        statistical committees or advisory panels established under 
        subsection (g).'' in paragraph (1) and inserting ``to the 
        Councils, the Council coordination committee established under 
        subsection (l), or to the scientific and statistical committees 
        or other committees or advisory panels established under 
        subsection (g).'';
            (2) by striking ``of a Council, and of the scientific and 
        statistical committee and advisory panels established under 
        subsection (g):'' in paragraph (2) and inserting ``of a 
        Council, of the Council coordination committee established 
        under subsection (l), and of the scientific and statistical 
        committees or other committees or advisory panels established 
        under subsection (g):''; and
            (3) by inserting ``the Council Coordination Committee 
        established under subsection (1),'' in paragraph (3)(A) after 
        ``Council,''; and
            (4) by inserting ``other committees,'' in paragraph (3)(A) 
        after ``committee,''.
    (h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is 
amended--
            (1) by inserting ``lobbying, advocacy,'' after 
        ``processing,'' in paragraph (2);
            (2) by striking ``jurisdiction.'' in paragraph (2) and 
        inserting ``jurisdiction, or with respect to an individual or 
        organization with a financial interest in such activity.'';
            (3) by striking subparagraph (B) of paragraph (5) and 
        inserting the following:
            ``(B) be kept on file by the Council and made available on 
        the Internet and for public inspection at the Council offices 
        during reasonable hours; and''; and
            (4) by adding at the end the following:
    ``(9) On January 1, 2008, and annually thereafter, the Secretary 
shall submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Resources 
on action taken by the Secretary and the Councils to implement the 
disclosure of financial interest and recusal requirements of this 
subsection.''.
    (i) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2) 
(16 U.S.C. 1852(b)(2)) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (C) the following:
    ``(D)(i) The Secretary shall appoint to the Gulf of Mexico 
Fisheries Management Council--
            ``(I) 5 representatives of the commercial fishing sector;
            ``(II) 5 representatives of the recreational fishing or 
        charter fishing sectors; and
            ``(III) 1 other individual who is knowledgeable regarding 
        the conservation and management of fisheries resources in the 
        jurisdiction of the Council.
    ``(ii) The Governor of a State submitting a list of names of 
individuals for appointment by the Secretary of Commerce to the Gulf of 
Mexico Fisheries Management Council under subparagraph (C) shall 
include--
            ``(I) at least 1 nominee each from the commercial, 
        recreational, and charter fishing sectors; and
            ``(II) at least 1 other individual who is knowledgeable 
        regarding the conservation and management of fisheries 
        resources in the jurisdiction of the Council.
    ``(iii) Notwithstanding the requirements of 302(b)(2)(C), if the 
Secretary determines that the list of names submitted by the Governor 
does not meet the requirements of clause (ii), the Secretary shall--
            ``(I) publish a notice in the Federal Register asking the 
        residents of that State to submit the names and pertinent 
        biographical data of individuals who would meet the requirement 
        not met for appointment to the Council; and
            ``(II) add the name of any qualified individual submitted 
        by the public who meets the unmet requirement to the list of 
        names submitted by the Governor.
    ``(iv) For purposes of clause (ii), an individual who owns or 
operates a fish farm outside of the Unites States shall not be 
considered to be a representative of the commercial fishing sector.
    ``(v) The requirements of subparagraph (D) shall expire at the end 
of fiscal year 2012.''.
    (j) Report and Recommendations on Gulf Council Amendment.--
            (1) In general.--Before August, 2011, the Secretary of 
        Commerce, in consultation with the Gulf of Mexico Fisheries 
        Management Council, shall analyze the impact of the amendment 
        made by subsection (i) and determine whether section 
        302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair 
        and balanced apportionment of the active participants in the 
        commercial and recreational fisheries under the jurisdiction of 
        the Council.
            (2) Report.--By no later than August, 2011, the Secretary 
        shall transmit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Resources setting forth the Secretary's findings 
        and determination, including any recommendations for 
        legislative or other changes that may be necessary to achieve 
        such a fair and balanced apportionment, including whether to 
        renew the authority.

SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) striking ``and charter fishing'' in paragraph (5) and 
        inserting ``charter fishing, and fish processing'';
            (2) by inserting ``economic information necessary to meet 
        the requirements of this Act,'' in paragraph (5) after ``number 
        of hauls,'';
            (3) by striking ``fishery'' the first place it appears in 
        paragraph (13) and inserting ``fishery, including its economic 
        impact,'';
            (4) by striking ``and'' after the semicolon in paragraph 
        (13);
            (5) by striking ``allocate'' in paragraph (14) and 
        inserting ``allocate, taking into consideration the economic 
        impact of the harvest restrictions or recovery benefits on the 
        fishery participants in each sector,'';
            (6) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery;''; and
            (7) by adding at the end the following:
            ``(15) establish a mechanism for specifying annual catch 
        limits in the plan (including a multiyear plan), implementing 
        regulations, or annual specifications, at a level such that 
        optimum yield is not exceeded in the fishery; and
            ``(16) establish a mechanism under which harvests exceeding 
        the specified annual catch limit (including the specified 
        annual catch limit for a sector) shall be deducted in the 
        following fishing year, or the next action in a multiyear 
        specification that establishes or adjusts annual catch limits 
        (including those specified for that sector), and which may use 
        the type of adjustment measures already relied on in the plan, 
        unless sufficient information on the harvest level cannot be 
        obtained in that timeframe, but the deduction shall occur not 
        later than 3 fishing years after the close of the fishing year 
        in which the overage occurs.''.
    (b) Effective Dates; Application to Certain Species.--The amendment 
made by subsection (a)(7)--
            (1) shall take effect--
                    (A) in fishing year 2010 for fisheries determined 
                by the Secretary to be subject to overfishing; and
                    (B) in fishing year 2011 for all other fisheries; 
                and
            (2) shall not apply to a fishery for species that have a 
        life cycle of approximately 1 year unless the Secretary has 
        determined the fishery is subject to overfishing.

SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

    Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
            (2) by inserting after paragraph (2) the following:
            ``(B) designate such zones in areas where deep sea corals 
        are identified under section 408, to protect deep sea corals 
        from physical damage from fishing gear or to prevent loss or 
        damage to such fishing gear from interactions with deep sea 
        corals, after considering long-term sustainable uses of fishery 
        resources in such areas; and
            ``(C) with respect to any closure of an area under this Act 
        that prohibits all fishing, ensure that such closure--
                    ``(i) is based on the best scientific information 
                available;
                    ``(ii) includes criteria to assess the conservation 
                benefit of the closed area;
                    ``(iii) establishes a timetable for review of the 
                closed area's performance that is consistent with the 
                purposes of the closed area; and
                    ``(iv) is based on an assessment of the benefits 
                and impacts of the closure, including its size, in 
                relation to other management measures (either alone or 
                in combination with such measures), including the 
                benefits and impacts of limiting access to: users of 
                the area, overall fishing activity, fishery science, 
                and fishery and marine conservation;'';
            (3) by striking ``fishery;'' in paragraph (5) and inserting 
        ``fishery and take into account the different circumstances 
        affecting fisheries from different States and ports, including 
        distances to fishing grounds and proximity to time and area 
        closures;'';
            (4) by striking paragraph (6) and inserting the following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if, in developing such system, 
        the Council and the Secretary take into account--
                    ``(A) present participation in the fishery;
                    ``(B) historical fishing practices in, and 
                dependence on, the fishery;
                    ``(C) the economics of the fishery;
                    ``(D) the capability of fishing vessels used in the 
                fishery to engage in other fisheries;
                    ``(E) the cultural and social framework relevant to 
                the fishery and any affected fishing communities;
                    ``(F) the fair and equitable distribution of access 
                privileges in the fishery; and
                    ``(G) any other relevant considerations;'';
            (5) by striking ``(other than economic data)'' in paragraph 
        (7);
            (6) by striking ``and'' after the semicolon in paragraph 
        (11); and
            (7) by redesignating paragraph (12) as paragraph (14) and 
        inserting after paragraph (11) the following:
            ``(12) establish a process for complying with the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to 
        section 304(h) of this Act;
            ``(13) include management measures in the plan to conserve 
        target and non-target species and habitats, considering the 
        variety of ecological factors affecting fishery populations; 
        and''.

SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

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

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

    ``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2006, a Council may submit, and the Secretary may approve, for a 
fishery that is managed under a limited access system, a limited access 
privilege program to harvest fish if the program meets the requirements 
of this section.
    ``(b) No Creation of Right, Title, or Interest.--Limited access 
privilege, quota share, or other limited access system authorization 
established, implemented, or managed under this Act--
            ``(1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
            ``(2) may be revoked, limited, or modified at any time in 
        accordance with this Act, including revocation for failure to 
        comply with the terms of the plan or if the system is found to 
        have jeopardized the sustainability of the stock or the safety 
        of fishermen;
            ``(3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, or other 
        such limited access system authorization if it is revoked, 
        limited, or modified;
            ``(4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested by the holder; and
            ``(5) shall be considered a grant of permission to the 
        holder of the limited access privilege or quota share to engage 
        in activities permitted by such limited access privilege or 
        quota share.
    ``(c) Requirements for Limited Access Privileges.--
            ``(1) In general.--Any limited access privilege program to 
        harvest fish submitted by a Council or approved by the 
        Secretary under this section shall--
                    ``(A) if established in a fishery that is 
                overfished or subject to a rebuilding plan, assist in 
                its rebuilding; and
                    ``(B) if established in a fishery that is 
                determined by the Secretary or the Council to have 
                over-capacity, contribute to reducing capacity;
                    ``(C) promote--
                            ``(i) fishing safety; and
                            ``(ii) fishery conservation and management;
                    ``(D) prohibit any person other than a United 
                States citizen, a corporation, partnership, or other 
                entity established under the laws of the United States 
                or any State, or a permanent resident alien, that meets 
                the eligibility and participation requirements 
                established in the program from acquiring a privilege 
                to harvest fish, including any person that acquires a 
                limited access privilege solely for the purpose of 
                perfecting or realizing on a security interest in such 
                privilege;
                    ``(E) require that all fish harvested under a 
                limited access privilege program be processed on 
                vessels of the United States or on United States soil 
                (including any territory of the United States);
                    ``(F) specify the goals of the program;
                    ``(G) include provisions for the regular monitoring 
                and review by the Council and the Secretary of the 
                operations of the program, including determining 
                progress in meeting the goals of the program and this 
                Act, and any necessary modification of the program to 
                meet those goals, with a formal and detailed review 5 
                years after the establishment of the program and every 
                5 years thereafter;
                    ``(H) include an effective system for enforcement, 
                monitoring, and management of the program, including 
                the use of observers or electronic monitoring systems;
                    ``(I) include an appeals process for administrative 
                review of the Secretary's decisions regarding initial 
                allocation of limited access privileges;
                    ``(J) provide for the establishment by the 
                Secretary, in consultation with the Department of 
                Justice and the Federal Trade Commission, for an 
                information collection and review process to provide 
                any additional information needed by the Department of 
                Justice and the Federal Trade Commission to determine 
                whether any illegal acts of anti-competition, anti-
                trust, price collusion, or price fixing have occurred 
                among regional fishery associations or persons 
                receiving limited access privileges under the program; 
                and
                    ``(K) provide for the revocation by the Secretary 
                of limited access privileges held by any person found 
                to have violated the antitrust laws of the United 
                States.
            ``(2) Waiver.--The Secretary may waive the requirement of 
        paragraph (1)(E) if the Secretary determines that--
                    ``(A) the fishery has historically processed the 
                fish outside of the United States; and
                    ``(B) the United States has a seafood safety 
                equivalency agreement with the country where processing 
                will occur.
            ``(3) Fishing communities.--
                    ``(A) In general.--
                            ``(i) Eligibility.--To be eligible to 
                        participate in a limited access privilege 
                        program to harvest fish, a fishing community 
                        shall--
                                    ``(I) be located within the 
                                management area of the relevant 
                                Council;
                                    ``(II) meet criteria developed by 
                                the relevant Council, approved by the 
                                Secretary, and published in the Federal 
                                Register;
                                    ``(III) consist of residents who 
                                conduct commercial or recreational 
                                fishing, processing, or fishery-
                                dependent support businesses within the 
                                Council's management area; and
                                    ``(IV) develop and submit a 
                                community sustainability plan to the 
                                Council and the Secretary that 
                                demonstrates how the plan will address 
                                the social and economic development 
                                needs of fishing communities, including 
                                those that have not historically had 
                                the resources to participate in the 
                                fishery, for approval based on criteria 
                                developed by the Council that have been 
                                approved by the Secretary and published 
                                in the Federal Register.
                            ``(ii) Failure to comply with plan.--The 
                        Secretary shall deny limited access privileges 
                        granted under this section for any person who 
                        fails to comply with the requirements of the 
                        community sustainability plan.
                    ``(B) Participation criteria.--In developing 
                participation criteria for eligible communities under 
                this paragraph, a Council shall consider--
                            ``(i) traditional fishing or processing 
                        practices in, and dependence on, the fishery;
                            ``(ii) the cultural and social framework 
                        relevant to the fishery;
                            ``(iii) economic barriers to access to 
                        fishery;
                            ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        captains, crew, processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion;
                            ``(v) the expected effectiveness, 
                        operational transparency, and equitability of 
                        the community sustainability plan; and
                            ``(vi) the potential for improving economic 
                        conditions in remote coastal communities 
                        lacking resources to participate in harvesting 
                        or processing activities in the fishery.
            ``(4) Regional fishery associations.--
                    ``(A) In general.--To be eligible to participate in 
                a limited access privilege program to harvest fish, a 
                regional fishery association shall--
                            ``(i) be located within the management area 
                        of the relevant Council;
                            ``(ii) meet criteria developed by the 
                        relevant Council, approved by the Secretary, 
                        and published in the Federal Register;
                            ``(iii) be a voluntary association with 
                        established by-laws and operating procedures;
                            ``(iv) consist of participants in the 
                        fishery who hold quota share that are 
                        designated for use in the specific region or 
                        subregion covered by the regional fishery 
                        association, including commercial or 
                        recreational fishing, processing, fishery-
                        dependent support businesses, or fishing 
                        communities;
                            ``(v) not be eligible to receive an initial 
                        allocation of a limited access privilege but 
                        may acquire such privileges after the initial 
                        allocation, and may hold the annual fishing 
                        privileges of any limited access privileges it 
                        holds or the annual fishing privileges that is 
                        members contribute; and
                            ``(vi) develop and submit a regional 
                        fishery association plan to the Council and the 
                        Secretary for approval based on criteria 
                        developed by the Council that have been 
                        approved by the Secretary and published in the 
                        Federal Register.
                    ``(B) Failure to comply with plan.--The Secretary 
                shall deny limited access privileges granted under this 
                section to any person participating in a regional 
                fishery association who fails to comply with the 
                requirements of the regional fishery association plan.
                    ``(C) Participation Criteria.--In developing 
                participation criteria for eligible regional fishery 
                associations under this paragraph, a Council shall 
                consider--
                            ``(i) traditional fishing or processing 
                        practices in, and dependence on, the fishery;
                            ``(ii) the cultural and social framework 
                        relevant to the fishery;
                            ``(iii) economic barriers to access to 
                        fishery;
                            ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        captains, crew, processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion;
                            ``(v) the administrative and fiduciary 
                        soundness of the association; and
                            ``(vi) the expected effectiveness, 
                        operational transparency, and equitability of 
                        the fishery association plan.
            ``(5) Allocation.--In developing a limited access privilege 
        program to harvest fish a Council or the Secretary shall--
                    ``(A) establish procedures to ensure fair and 
                equitable initial allocations, including consideration 
                of--
                            ``(i) current and historical harvests;
                            ``(ii) employment in the harvesting and 
                        processing sectors;
                            ``(iii) investments in, and dependence 
                        upon, the fishery; and
                            ``(iv) the current and historical 
                        participation of fishing communities;
                    ``(B) to the extent practicable, consider the basic 
                cultural and social framework of the fishery, 
                especially through--
                            ``(i) the development of policies to 
                        promote the sustained participation of small 
                        owner-operated fishing vessels and fishing 
                        communities that depend on the fisheries, 
                        including regional or port-specific landing or 
                        delivery requirements; and
                            ``(ii) procedures to address concerns over 
                        excessive geographic or other consolidation in 
                        the harvesting or processing sectors of the 
                        fishery;
                    ``(C) include measures to assist, when necessary 
                and appropriate, entry-level and small vessel owner-
                operators, captains, crew, and fishing communities 
                through set-asides of harvesting allocations, including 
                providing privileges, which may include set-asides or 
                allocations of harvesting privileges, or economic 
                assistance in the purchase of limited access 
                privileges;
                    ``(D) ensure that limited access privilege holders 
                do not acquire an excessive share of the total limited 
                access privileges in the program by--
                            ``(i) establishing a maximum share, 
                        expressed as a percentage of the total limited 
                        access privileges, that a limited access 
                        privilege holder is permitted to hold, acquire, 
                        or use; and
                            ``(ii) establishing any other limitations 
                        or measures necessary to prevent an inequitable 
                        concentration of limited access privileges; and
                    ``(E) authorize limited access privileges to 
                harvest fish to be held, acquired, used by, or issued 
                under the system to persons who substantially 
                participate in the fishery, including in a specific 
                sector of such fishery, as specified by the Council.
            ``(6) Program initiation.--
                    ``(A) Limitation.--Except as provided in 
                subparagraph (D), a Council may initiate a fishery 
                management plan or amendment to establish a limited 
                access privilege program to harvest fish on its own 
                initiative or if the Secretary has certified an 
                appropriate petition.
                    ``(B) Petition.--A group of fishermen constituting 
                more than 50 percent of the permit holders, or holding 
                more than 50 percent of the allocation, in the fishery 
                for which a limited access privilege program to harvest 
                fish is sought, may submit a petition to the Secretary 
                requesting that the relevant Council or Councils with 
                authority over the fishery be authorized to initiate 
                the development of the program. Any such petition shall 
                clearly state the fishery to which the limited access 
                privilege program would apply. For multispecies permits 
                in the Gulf, only those participants who have 
                substantially fished the species proposed to be 
                included in the limited access program shall be 
                eligible to sign a petition for such a program and 
                shall serve as the basis for determining the percentage 
                described in the first sentence of this subparagraph.
                    ``(C) Certification by secretary.--Upon the receipt 
                of any such petition, the Secretary shall review all of 
                the signatures on the petition and, if the Secretary 
                determines that the signatures on the petition 
                represent more than 50 percent of the permit holders, 
                or holders of more than 50 percent of the allocation in 
                the fishery, as described by subparagraph (B), the 
                Secretary shall certify the petition to the appropriate 
                Council or Councils.
                    ``(D) New england and gulf referendum.--
                            ``(i) Except as provided in clause (iii) 
                        for the Gulf of Mexico commercial red snapper 
                        fishery, the New England and Gulf Councils may 
                        not submit, and the Secretary may not approve 
                        or implement, a fishery management plan or 
                        amendment that creates an individual fishing 
                        quota program, including a Secretarial plan, 
                        unless such a system, as ultimately developed, 
                        has been approved by more than \2/3\ of those 
                        voting in a referendum among eligible permit 
                        holders with respect to the New England 
                        Council, and by a majority of those voting in 
                        the referendum among eligible permit holders 
                        with respect to the Gulf Council. For 
                        multispecies permits in the Gulf, only those 
                        participants who have substantially fished the 
                        species proposed to be included in the 
                        individual fishing quota program shall be 
                        eligible to vote in such a referendum. If an 
                        individual fishing quota program fails to be 
                        approved by the requisite number of those 
                        voting, it may be revised and submitted for 
                        approval in a subsequent referendum.
                            ``(ii) The Secretary shall conduct a 
                        referendum under this subparagraph, including 
                        notifying all persons eligible to participate 
                        in the referendum and making available to them 
                        information concerning the schedule, 
                        procedures, and eligibility requirements for 
                        the referendum process and the proposed 
                        individual fishing quota program. Within 1 year 
                        after the date of enactment of the Magnuson-
                        Stevens Fishery Conservation and Management 
                        Reauthorization Act of 2006, the Secretary 
                        shall publish guidelines and procedures to 
                        determine procedures and voting eligibility 
                        requirements for referenda and to conduct such 
                        referenda in a fair and equitable manner.
                            ``(iii) The provisions of section 407(c) of 
                        this Act shall apply in lieu of this 
                        subparagraph for an individual fishing quota 
                        program for the Gulf of Mexico commercial red 
                        snapper fishery.
                            ``(iv) Chapter 35 of title 44, United 
                        States Code, (commonly known as the Paperwork 
                        Reduction Act) does not apply to the referenda 
                        conducted under this subparagraph.
            ``(7) Transferability.--In establishing a limited access 
        privilege program, a Council shall--
                    ``(A) establish a policy on the transferability of 
                limited access privileges (through sale or lease), that 
                is consistent with the policies adopted by the Council 
                for the fishery under paragraph (5); and
                    ``(B) establish criteria for the approval and 
                monitoring of transfers (including sales and leases) of 
                limited access privileges.
            ``(8) Preparation and implementation of Secretarial 
        Plans.--This subsection also applies to a plan prepared and 
        implemented by the Secretary under section 304(c) or 304(g).
            ``(9) Antitrust savings clause.--Nothing in this Act shall 
        be construed to modify, impair, or supersede the operation of 
        any of the antitrust laws. For purposes of the preceding 
        sentence, the term `antitrust laws' has the meaning given such 
        term in subsection (a) of the first section of the Clayton Act, 
        except that such term includes section 5 of the Federal Trade 
        Commission Act to the extent that such section 5 applies to 
        unfair methods of competition.
    ``(d) Auction and Other Programs.--In establishing a limited access 
privilege program, a Council may consider, and provide for, if 
appropriate, an auction system or other program to collect royalties 
for the initial, or any subsequent, distribution of allocations in a 
limited access privilege program if--
            ``(1) the system or program is administered in such a way 
        that the resulting distribution of limited access privilege 
        shares meets the program requirements of this section; and
            ``(2) revenues generated through such a royalty program are 
        deposited in the Limited Access System Administration Fund 
        established by section 305(h)(5)(B) and available subject to 
        annual appropriations.
    ``(e) Cost Recovery.--In establishing a limited access privilege 
program, a Council shall--
            ``(1) develop a methodology and the means to identify and 
        assess the management, data collection and analysis, and 
        enforcement programs that are directly related to and in 
        support of the program; and
            ``(2) provide, under section 304(d)(2), for a program of 
        fees paid by limited access privilege holders that will cover 
        the costs of management, data collection and analysis, and 
        enforcement activities.
    ``(f) Limited Duration.--In establishing a limited access privilege 
program after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, a Council may 
establish--
            ``(1) a set term after which any initial or subsequent 
        allocation of a limited access privilege shall expire;
            ``(2) different set terms within a fishery if the Council 
        determines that variation of terms will further management 
        goals; and
            ``(3) a mechanism under which participants in and entrants 
        to the program may acquire or reacquire allocations.
    ``(g) Limited Access Privilege Assisted Purchase Program.--
            ``(1) In general.--A Council may submit, and the Secretary 
        may approve and implement, a program which reserves up to 25 
        percent of any fees collected from a fishery under section 
        304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
        Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue 
        obligations that aid in financing--
                    ``(A) the purchase of limited access privileges in 
                that fishery by fishermen who fish from small vessels; 
                and
                    ``(B) the first-time purchase of limited access 
                privileges in that fishery by entry level fishermen.
            ``(2) Eligibility criteria.--A Council making a submission 
        under paragraph (1) shall recommend criteria, consistent with 
        the provisions of this Act, that a fisherman must meet to 
        qualify for guarantees under subparagraphs (A) and (B) of 
        paragraph (1) and the portion of funds to be allocated for 
        guarantees under each subparagraph.
    ``(h) Effect on Certain Existing Shares and Programs.--Nothing in 
this Act, or the amendments made by the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, shall be 
construed to require a reallocation or a reevaluation of individual 
quota shares, processor quota shares, cooperative programs, or other 
quota programs, including sector allocation in effect before the date 
of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006.
    ``(i) Transition Rule.--The requirements of this section shall not 
apply to any quota program, including any individual quota program, 
cooperative program, or sector allocation placed on a Council agenda 
for final action, submitted by a Council to the Secretary, or approved 
by the Secretary or by Congressional action, within 60 days after the 
date of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006, except that--
            ``(1) the requirements of section 303(d) of this Act in 
        effect on the day before the date of enactment of that Act 
        shall apply to any such program;
            ``(2) the program shall be subject to review under 
        subsection (c)(1)(G) of this section not later than 5 years 
        after the program approval; and
            ``(3) nothing in this subsection precludes a Council from 
        incorporating criteria contained in this section into any such 
        plans.''.
    (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is 
amended by striking ``management and enforcement'' and inserting 
``management, data collection, and enforcement''.
    (c) Investment in United States Seafood Processing Facilities.--The 
Secretary of Commerce shall work with the Small Business Administration 
and other Federal agencies to develop financial and other mechanisms to 
encourage United States investment in seafood processing facilities in 
the United States for fisheries that lack capacity needed to process 
fish harvested by United States vessels in compliance with the 
Magnuson--Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C. 
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and 
all that follows and inserting ``section 305(h)(5)(B).''.
    (e) Application With American Fisheries Act.--Nothing in section 
303A of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), as added by subsection (a), shall be 
construed to modify or supersede any provision of the American 
Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et alia).

SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

    Section 304 (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(i) Environmental Review Process.--
            ``(1) Procedures.--The Secretary shall, in consultation 
        with the Councils and the Council on Environmental Quality, 
        revise and update agency procedures for compliance with the 
        National Environmental Policy Act (42 U.S.C. 4231 et seq.). The 
        procedures shall--
                    ``(A) conform to the time lines for review and 
                approval of fishery management plans and plan 
                amendments under this section; and
                    ``(B) integrate applicable environmental analytical 
                procedures, including the time frames for public input, 
                with the procedure for the preparation and 
                dissemination of fishery management plans, plan 
                amendments, and other actions taken or approved 
                pursuant to this Act in order to provide for timely, 
                clear and concise analysis that is useful to decision 
                makers and the public, reduce extraneous paperwork, and 
                effectively involve the public.
            ``(2) Usage.--The updated agency procedures promulgated in 
        accordance with this section used by the Councils or the 
        Secretary shall be the sole environmental impact assessment 
        procedure for fishery management plans, amendments, 
        regulations, or other actions taken or approved pursuant to 
        this Act.
            ``(3) Schedule for promulgation of final procedures.--The 
        Secretary shall--
                    ``(A) propose revised procedures within 12 months 
                after the date of enactment of the Magnuson-Stevens 
                Fishery Conservation and Management Reauthorization Act 
                of 2006;
                    ``(B) provide 90 days for public review and 
                comments; and
                    ``(C) promulgate final procedures no later than 18 
                months after the date of enactment of that Act.
            ``(4) Public participation.--The Secretary is authorized 
        and directed, in cooperation with the Council on Environmental 
        Quality and the Councils, to involve the affected public in the 
        development of revised procedures, including workshops or other 
        appropriate means of public involvement.''.

SEC. 108. EMERGENCY REGULATIONS.

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

SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.

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

SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

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

SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

    Section 305 (16 U.S.C. 1855), as amended by section 109, is further 
amended by adding at the end thereof the following:
    ``(k) Multispecies Groundfish.--Within 60 days after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, the Secretary of Commerce shall determine 
whether fishing in State waters without a New England multispecies 
groundfish fishery permit on regulated species within the multispecies 
complex is not consistent with the applicable Federal fishery 
management plan. If the Secretary makes a determination that such 
actions are not consistent with the plan, the Secretary shall, in 
consultation with the Council, and after notifying the affected State, 
develop and implement measures to cure the inconsistency pursuant to 
section 306(b).''.

SEC. 112. JOINT ENFORCEMENT AGREEMENTS.

    (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
            (1) by striking ``and'' after the semicolon in subsection 
        (b)(1)(A)(iv);
            (2) by inserting ``and'' after the semicolon in subsection 
        (b)(1)(A)(v);
            (3) by inserting after clause (v) of subsection (b)(1)(A) 
        the following:
                            ``(vi) access, directly or indirectly, for 
                        enforcement purposes any data or information 
                        required to be provided under this title or 
                        regulations under this title, including data 
                        from Global Maritime Distress and Safety 
                        Systems, vessel monitoring systems, or any 
                        similar system, subject to the confidentiality 
                        provisions of section 402;'';
            (4) by redesignating subsection (h) as subsection (j); and
            (5) by inserting after subsection (g) the following:
    ``(h) Joint Enforcement Agreements.--
            ``(1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint enforcement 
        agreement with the Secretary that will authorize the 
        deputization and funding of State law enforcement officers with 
        marine law enforcement responsibilities to perform duties of 
        the Secretary relating to law enforcement provisions under this 
        title or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may enter into a 
        joint enforcement agreement with the requesting State.
            ``(2) Eligible state.--A State is eligible to participate 
        in the cooperative enforcement agreements under this section if 
        it is in, or bordering on, the Atlantic Ocean (including the 
        Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 
        of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
            ``(3) Requirements.--Joint enforcement agreements executed 
        under paragraph (1)--
                    ``(A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities;
                    ``(B) may include specifications for joint 
                management responsibilities as provided by the first 
                section of Public Law 91-412 (15 U.S.C. 1525); and
                    ``(C) shall provide for confidentiality of data and 
                information submitted to the State under section 402.
            ``(4) Allocation of funds.--The Secretary shall include in 
        each joint enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        fairly distributed among all eligible States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, the 
        specific marine conservation enforcement needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the marine enforcement mission and assist with 
        enforcement needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical or 
        other assistance provided to the State by the Secretary under 
        the agreement.
    ``(i) Improved Data Sharing.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, as soon as practicable but no later than 21 months 
        after the date of enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 2006, the 
        Secretary shall implement data-sharing measures to make any 
        data required to be provided by this Act from Global Maritime 
        Distress and Safety Systems, vessel monitoring systems, or 
        similar systems--
                    ``(A) directly accessible by State enforcement 
                officers authorized under subsection (a) of this 
                section; and
                    ``(B) available to a State management agency 
                involved in, or affected by, management of a fishery if 
                the State has entered into an agreement with the 
                Secretary under section 402(b)(1)(B) of this Act.
            ``(2) Agreement required.--The Secretary shall promptly 
        enter into an agreement with a State under section 402(b)(1)(B) 
        of this Act if--
                    ``(A) the Attorney General or highest ranking legal 
                officer of the State provides a written opinion or 
                certification that State law allows the State to 
                maintain the confidentiality of information required by 
                Federal law to be kept confidential; or
                    ``(B) the Secretary is provided other reasonable 
                assurance that the State can and will protect the 
                identity or business of any person to which such 
                information relates.''.
    (b) Report on Using GMDSS for Fishery Purposes.--Within 15 months 
after the date of enactment of this Act, the National Marine Fisheries 
Service and the United States Coast Guard shall transmit a joint report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Resources containing--
            (1) a cost-to-benefit analysis of the feasibility, value, 
        and cost of using the Global Maritime Distress and Safety 
        Systems, vessel monitoring systems, or similar systems for 
        fishery management, conservation, enforcement, and safety 
        purposes with the Federal government bearing the capital costs 
        of any such system;
            (2) an examination of the cumulative impact of existing 
        requirements for commercial vessels;
            (3) an examination of whether the Global Maritime Distress 
        and Safety Systems or similar requirements would overlap 
        existing requirements or render them redundant;
            (4) an examination of how data integration from such 
        systems could be addressed;
            (5) an examination of how to maximize the data-sharing 
        opportunities between relevant State and Federal agencies and 
        provide specific information on how to develop these 
        opportunities, including the provision of direct access to the 
        Global Maritime Distress and Safety Systems or similar system 
        data to State enforcement officers, while considering the need 
        to maintain or provide an appropriate level of individual 
        vessel confidentiality where practicable; and
            (6) an assessment of how the Global Maritime Distress and 
        Safety Systems or similar systems could be developed, 
        purchased, and distributed to regulated vessels.

SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.

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

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

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

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

    ``(a) In General.--When there is a catastrophic regional fishery 
disaster the Secretary may, upon the request of, and in consultation 
with, the Governors of affected States, establish a regional economic 
transition program to provide immediate disaster relief assistance to 
the fishermen, charter fishing operators, United States fish 
processors, and owners of related fishery infrastructure affected by 
the disaster.
    ``(b) Program Components.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or other 
        economic assistance to affected entities, or to governmental 
        entities for disbursement to affected entities, for--
                    ``(A) meeting immediate regional shoreside fishery 
                infrastructure needs, including processing facilities, 
                cold storage facilities, ice houses, docks, including 
                temporary docks and storage facilities, and other 
                related shoreside fishery support facilities and 
                infrastructure;
                    ``(B) financial assistance and job training 
                assistance for fishermen who wish to remain in a 
                fishery in the region that may be temporarily closed as 
                a result of environmental or other effects associated 
                with the disaster;
                    ``(C) funding, pursuant to the requirements of 
                section 312(b), to fishermen who are willing to scrap a 
                fishing vessel and permanently surrender permits for 
                fisheries named on that vessel; and
                    ``(D) any other activities authorized under section 
                312(a) of this Act or section 308(d) of the 
                Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
                4107(d)).
            ``(2) Job training.--Any fisherman who decides to scrap a 
        fishing vessel under the program shall be eligible for job 
        training assistance.
            ``(3) State participation obligation.--The participation by 
        a State in the program shall be conditioned upon a commitment 
        by the appropriate State entity to ensure that the relevant 
        State fishery meets the requirements of section 312(b) of this 
        Act to ensure excess capacity does not re-enter the fishery.
            ``(4) No matching required.--The Secretary may waive the 
        matching requirements of section 312 of this Act, section 308 
        of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
        4107), and any other provision of law under which the Federal 
        share of the cost of any activity is limited to less than 100 
        percent if the Secretary determines that--
                    ``(A) no reasonable means are available through 
                which applicants can meet the matching requirement; and
                    ``(B) the probable benefit of 100 percent Federal 
                financing outweighs the public interest in imposition 
                of the matching requirement.
            ``(5) Net revenue limit inapplicable.--Section 308(d)(3) of 
        the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
        shall not apply to assistance under this section.
    ``(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall provide the 
Governor of each State participating in the program a comprehensive 
economic and socio-economic evaluation of the affected region's 
fisheries to assist the Governor in assessing the current and future 
economic viability of affected fisheries, including the economic impact 
of foreign fish imports and the direct, indirect, or environmental 
impact of the disaster on the fishery and coastal communities.
    ``(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term `catastrophic regional fishery disaster' means a 
natural disaster, including a hurricane or tsunami, or a regulatory 
closure (including regulatory closures resulting from judicial action) 
to protect human health or the marine environment, that--
            ``(1) results in economic losses to coastal or fishing 
        communities;
            ``(2) affects more than 1 State or a major fishery managed 
        by a Council or interstate fishery commission; and
            ``(3) is determined by the Secretary to be a commercial 
        fishery failure under section 312(a) of this Act or a fishery 
        resource disaster or section 308(d) of the Interjurisdictional 
        Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
    (b) Salmon Plan and Study.--
            (1) Recovery plan.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary of Commerce shall 
        complete a recovery plan for Klamath River Coho salmon and make 
        it available to the public.
            (2) Annual report.--Not later than 2 years after the date 
        of enactment of this Act, and annually thereafter, the 
        Secretary of Commerce shall submit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Resources on--
                    (A) the actions taken under the recovery plan and 
                other law relating to recovery of Klamath River Coho 
                salmon, and how those actions are specifically 
                contributing to its recovery;
                    (B) the progress made on the restoration of salmon 
                spawning habitat, including water conditions as they 
                relate to salmon health and recovery, with emphasis on 
                the Klamath River and its tributaries below Iron Gate 
                Dam;
                    (C) the status of other Klamath River anadromous 
                fish populations, particularly Chinook salmon; and
                    (D) the actions taken by the Secretary to address 
                the calendar year 2003 National Research Council 
                recommendations regarding monitoring and research on 
                Klamath River Basin salmon stocks.
    (c) Oregon and California Salmon Fishery.--Federally recognized 
Indian tribes and small businesses, including fishermen, fish 
processors, and related businesses serving the fishing industry, 
adversely affected by Federal closures and fishing restrictions in the 
Oregon and California 2006 fall Chinook salmon fishery are eligible to 
receive direct assistance under section 312(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and 
section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107(d)). The Secretary may use no more than 4 percent of any 
monetary assistance to pay for administrative costs.

SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.

    (a) Loan Assistance.--Subject to availability of appropriations, 
the Secretary of Commerce shall provide assistance to eligible holders 
of fishery finance program loans and allocate such assistance among 
eligible holders based upon their outstanding principal balances as of 
December 2, 2005, for any of the following purposes:
            (1) To defer principal payments on the debt for 1 year and 
        re-amortize the debt over the remaining term of the loan.
            (2) To allow for an extension of the term of the loan for 
        up to 1 year beyond the remaining term of the loan, or 
        September 30, 2013, whichever is later.
            (3) To pay the interest costs for such loans over fiscal 
        years 2006 through 2012, not to exceed amounts authorized under 
        subsection (d).
            (4) To provide opportunities for loan forgiveness, as 
        specified in subsection (c).
    (b) Loan Forgiveness.--
            (1) In general.--Upon application made by an eligible 
        holder of a fishery finance program loan, made at such time, in 
        such manner, and containing such information as the Secretary 
        may require, the Secretary, on a calendar year basis beginning 
        in 2005, may--
                    (A) offset against the outstanding balance on the 
                loan an amount equal to the sum of the amounts expended 
                by the holder during the calendar year to repair or 
                replace covered vessels or facilities, or to invest in 
                new fisheries infrastructure within or for use within 
                the declared fisheries disaster area; or
                    (B) cancel the amount of debt equal to 100 hundred 
                percent of actual expenditures on eligible repairs, 
                reinvestment, expansion, or new investment in fisheries 
                infrastructure in the disaster region, or repairs to, 
                or replacement of, eligible fishing vessels.
    (c) Definitions.--In this section:
            (1) Declared fisheries disaster area.--The term ``declared 
        fisheries disaster area'' means fisheries located in the major 
        disaster area designated by the President under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) as a result of Hurricane Katrina or 
        Hurricane Rita.
            (2) Eligible holder.--The term ``eligible holder'' means 
        the holder of a fishery finance program loan if--
                    (A) that loan is used to guarantee or finance any 
                fishing vessel or fish processing facility home-ported 
                or located within the declared fisheries disaster area; 
                and
                    (B) the holder makes expenditures to repair or 
                replace such covered vessels or facilities, or invests 
                in new fisheries infrastructure within or for use 
                within the declared fisheries disaster area, to restore 
                such facilities following the disaster.
            (3) Fishery finance program loan.--The term ``fishery 
        finance program loan'' means a loan made or guaranteed under 
        the fishery finance program under title XI of the Merchant 
        Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the purposes of this 
section not more than $15,000,000 for each eligible holder for the 
period beginning with fiscal year 2006 through fiscal year 2012.

SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Commerce shall establish an 
assistance program for the Gulf of Mexico shrimp fishing industry.
    (b) Allocation of Funds.--Under the program, the Secretary shall 
allocate funds appropriated to carry out the program among the States 
of Alabama, Louisiana, Florida, Mississippi, and Texas in proportion to 
the percentage of the shrimp catch landed by each State, except that 
the amount allocated to Florida shall be based exclusively on the 
proportion of such catch landed by the Florida Gulf Coast fishery.
    (c) Use of Funds.--Of the amounts made available to each State 
under the program--
            (1) 2 percent shall be retained by the State to be used for 
        the distribution of additional payments to fishermen with a 
        demonstrated record of compliance with turtle excluder and 
        bycatch reduction device regulations; and
            (2) the remainder of the amounts shall be used for--
                    (A) personal assistance, with priority given to 
                food, energy needs, housing assistance, transportation 
                fuel, and other urgent needs;
                    (B) assistance for small businesses, including 
                fishermen, fish processors, and related businesses 
                serving the fishing industry;
                    (C) domestic product marketing and seafood 
                promotion;
                    (D) State seafood testing programs;
                    (E) the development of limited entry programs for 
                the fishery;
                    (F) funding or other incentives to ensure 
                widespread and proper use of turtle excluder devices 
                and bycatch reduction devices in the fishery; and
                    (G) voluntary capacity reduction programs for 
                shrimp fisheries under limited access programs.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce $17,500,000 for fiscal years 
2006 through 2011 to carry out this section.

SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM.

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

``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

    ``(a) Bycatch Reduction Engineering Program.--Not later than 1 year 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, the Secretary, 
in cooperation with the Councils and other affected interests, and 
based upon the best scientific information available, shall establish a 
bycatch reduction program to develop technological devices and other 
conservation engineering changes designed to minimize bycatch, seabird 
bycatch, bycatch mortality, and post-release mortality in Federally 
managed fisheries. The program shall--
            ``(1) be regionally based;
            ``(2) be coordinated with projects conducted under the 
        cooperative research and management program established under 
        this Act;
            ``(3) provide information and outreach to fishery 
        participants that will encourage adoption and use of 
        technologies developed under the program; and
            ``(4) provide for routine consultation with the Councils in 
        order to maximize opportunities to incorporate results of the 
        program in Council actions and provide incentives for adoption 
        of methods developed under the program in fishery management 
        plans developed by the Councils.
    ``(b) Incentives.--Any fishery management plan prepared by a 
Council or by the Secretary may establish a system of incentives to 
reduce total bycatch and seabird bycatch amounts, bycatch rates, and 
post-release mortality in fisheries under the Council's or Secretary's 
jurisdiction, including--
            ``(1) measures to incorporate bycatch into quotas, 
        including the establishment of collective or individual bycatch 
        quotas;
            ``(2) measures to promote the use of gear with verifiable 
        and monitored low bycatch and seabird bycatch rates; and
            ``(3) measures that, based on the best scientific 
        information available, will reduce bycatch and seabird bycatch, 
        bycatch mortality, post-release mortality, or regulatory 
        discards in the fishery.
    ``(c) Coordination on Seabird Bycatch.--The Secretary, in 
coordination with the Secretary of Interior, is authorized to undertake 
projects in cooperation with industry to improve information and 
technology to reduce seabird bycatch, including--
            ``(1) outreach to industry on new technologies and methods; 
        and
            ``(2) projects to mitigate for seabird mortality.''.

SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND COASTAL 
              HABITATS.

    (a) In General.--The Secretary of Commerce shall establish a 
community-based fishery and coastal habitat restoration program to 
implement and support the restoration of fishery and coastal habitats.
    (b) Authorized Activities.--In carrying out the program, the 
Secretary may--
            (1) provide funding and technical expertise to fishery and 
        coastal communities to assist them in restoring fishery and 
        coastal habitat;
            (2) advance the science and monitoring of coastal habitat 
        restoration;
            (3) transfer restoration technologies to the private 
        sector, the public, and other governmental agencies;
            (4) develop public-private partnerships to accomplish sound 
        coastal restoration projects;
            (5) promote significant community support and volunteer 
        participation in fishery and coastal habitat restoration;
            (6) promote stewardship of fishery and coastal habitats; 
        and
            (7) leverage resources through national, regional, and 
        local public-private partnerships.

SEC. 119. PROHIBITED ACTS.

    Section 307(1) (16 U.S.C. 1857(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (O);
            (2) by striking ``carcass.'' in subparagraph (P) and 
        inserting ``carcass;''; and
            (3) by inserting after subparagraph (P) and before the last 
        sentence the following:
                    ``(Q) to import, export, transport, sell, receive, 
                acquire, or purchase in interstate or foreign commerce 
                any fish taken, possessed, transported, or sold in 
                violation of any foreign law or regulation; or
                    ``(R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the high seas 
                or in the waters of another country, after the 
                Secretary has made a payment to the owner of that 
                fishing vessel under section 312(b)(2).''.

SEC. 120. ENFORCEMENT.

    (a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is amended--
            (1) by striking ``$100,000'' in subsection (a) and 
        inserting ``$240,000'';
            (2) by striking ``this section,'' in subsection (f) and 
        inserting ``this Act (or any other marine resource law enforced 
        by the Secretary),'';
            (3) by inserting ``a permit, or any interest in a permit,'' 
        in subsection (g)(3) after ``vessel,'' each place it appears;
            (4) by striking ``the vessel'' in subsection (g)(3) and 
        inserting ``the vessel, permit, or interest'';
            (5) by inserting ``or any amount in settlement of a civil 
        forfeiture,'' after ``criminal fine,'' in subsection (g)(4); 
        and
            (6) by striking ``penalty or fine'' in subsection (g)(4) 
        and inserting ``penalty, fine, or settlement amount''.
    (b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is amended to 
read as follows:

``SEC. 309. CRIMINAL PENALTIES.

    ``(a) Fines and Imprisonment.--
            ``(1) In general.--Any person (other than a foreign 
        government or entity thereof) who knowingly violates 
        subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1) 
        of section 307, or paragraph (2) of section 307, shall be 
        imprisoned for not more than 5 years and fined--
                    ``(A) not more than $500,000 if such person is an 
                individual; or
                    ``(B) not more than $1,000,000 if such person is a 
                corporation or other legal entity other than an 
                individual.
            ``(2) Aggravated offenses.--Notwithstanding paragraph (1), 
        the maximum term of imprisonment shall be for not more than 10 
        years if--
                    ``(A) the violator is an individual; and
                    ``(B) in the commission of a violation described in 
                paragraph (1), that individual--
                    ``(A) used a dangerous weapon;
                    ``(B) engaged in conduct that caused bodily injury 
                to any observer described in section 307, any officer 
                authorized to enforce the provisions of this Act under 
                section 311, or any Council member or staff; or
                    ``(C) placed any such observer, officer, Council 
                member, or staff in fear of imminent bodily injury.
    ``(b) Other Violations.--Any person (other than a foreign 
government or entity thereof) who knowingly violates any other 
provision of section 307 shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both.
    ``(c) Jurisdiction.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction over any action arising under this Act.
            ``(2) Venue.--For purposes of this Act--
                    ``(A) each violation of this Act shall constitute a 
                separate offense and the offense shall be deemed to 
                have been committed not only in the district where it 
                first occurred, but also in any other district as 
                authorized by law;
                    ``(B) any offense not committed within a judicial 
                district of the United States is subject to the venue 
                provisions of section 3238 of title 18, United States 
                Code; and
                    ``(C) American Samoa shall be included within the 
                judicial district of the United States District Court 
                for the District of Hawaii.''.
    (c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) is 
amended--
            (1) by striking ``(other than any act for which the 
        issuance of a citation under section 311(a) is sufficient 
        sanction)''; and
            (2) by striking ``States.'' and inserting ``States, except 
        that no fishing vessel shall be subject to forfeiture under 
        this section as the result of any act for which the issuance of 
        a citation under section 311(a) is sufficient sanction.''.
    (d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 1861(a)) 
is amended--
            (1) by striking ``Act'' and inserting ``Act, and the 
        provisions of any marine resource law administered by the 
        Secretary,''; and
            (2) by striking ``State agency,'' and inserting ``agency of 
        any State, Territory, Commonwealth, or Tribe,''.
    (e) Powers of Authorized Officers.--Section 311(b) (16 U.S.C. 
1861(b)) is amended by striking ``Federal or State''.
    (f) Payment of Storage, Care, and Other Costs.--Section 
311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as follows:
            ``(B) a reward to any person who furnishes information 
        which leads to an arrest, conviction, civil penalty assessment, 
        or forfeiture of property for any violation of any provision of 
        this Act or any other marine resource law enforced by the 
        Secretary of up to the lesser of--
                    ``(i) 20 percent of the penalty or fine collected; 
                or
                    ``(ii) $20,000;''.

                   TITLE II--INFORMATION AND RESEARCH

SEC. 201. RECREATIONAL FISHERIES INFORMATION.

    Section 401 (16 U.S.C. 1881) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Recreational Fisheries.--
            ``(1) Federal program.--The Secretary shall establish and 
        implement a regionally based registry program for recreational 
        fishermen in each of the 8 fishery management regions. The 
        program, which shall not require a fee before January 1, 2011, 
        shall provide for--
                    ``(A) the registration (including identification 
                and contact information) of individuals who engage in 
                recreational fishing--
                            ``(i) in the Exclusive Economic Zone;
                            ``(ii) for anadromous species; or
                            ``(iii) for Continental Shelf fishery 
                        resources beyond the Exclusive Economic Zone; 
                        and
                    ``(B) if appropriate, the registration (including 
                the ownership, operator, and identification of the 
                vessel) of vessels used in such fishing.
            ``(2) State programs.--The Secretary shall exempt from 
        registration under the program recreational fishermen and 
        charter fishing vessels licensed, permitted, or registered 
        under the laws of a State if the Secretary determines that 
        information from the State program is suitable for the 
        Secretary's use or is used to assist in completing marine 
        recreational fisheries statistical surveys, or evaluating the 
        effects of proposed conservation and management measures for 
        marine recreational fisheries.
            ``(3) Data collection.--
                    ``(A) Improvement of the marine recreational 
                fishery statistics survey.--Within 24 months after the 
                date of enactment of the Magnuson-Stevens Fishery 
                Conservation and Management Reauthorization Act of 
                2006, the Secretary, in consultation with 
                representatives of the recreational fishing industry 
                and experts in statistics, technology, and other 
                appropriate fields, shall establish a program to 
                improve the quality and accuracy of information 
                generated by the Marine Recreational Fishery Statistics 
                Survey, with a goal of achieving acceptable accuracy 
                and utility for each individual fishery.
                    ``(B) NRC report recommendations.--The program 
                shall take into consideration and, to the maximum 
                extent feasible, implement the recommendations of the 
                National Research Council in its report Review of 
                Recreational Fisheries Survey Methods (2006), 
                including--
                            ``(i) redesigning the Survey to improve the 
                        effectiveness and appropriateness of sampling 
                        and estimation procedures, its applicability to 
                        various kinds of management decisions, and its 
                        usefulness for social and economic analyses; 
                        and
                            ``(ii) providing for ongoing technical 
                        evaluation and modification as needed to meet 
                        emerging management needs.
                    ``(C) Methodology.--Unless the Secretary determines 
                that alternate methods will achieve this goal more 
                efficiently and effectively, the program shall, to the 
                extent possible, include--
                            ``(i) an adequate number of dockside 
                        interviews to accurately estimate recreational 
                        catch and effort;
                            ``(ii) use of surveys that target anglers 
                        registered or licensed at the State or Federal 
                        level to collect participation and effort data;
                            ``(iii) collection and analysis of vessel 
                        trip report data from charter fishing vessels; 
                        and
                            ``(iv) development of a weather corrective 
                        factor that can be applied to recreational 
                        catch and effort estimates.
                    ``(D) Deadline.--The Secretary shall complete the 
                program under this paragraph and implement the improved 
                Marine Recreational Fishery Statistics Survey not later 
                than January 1, 2011.
            ``(4) Report.--Within 24 months after establishment of the 
        program, the Secretary shall submit a report to Congress that 
        describes the progress made toward achieving the goals and 
        objectives of the program.''.

SEC. 202. COLLECTION OF INFORMATION.

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

SEC. 203. ACCESS TO CERTAIN INFORMATION.

    (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3) and 
        resetting it 2 ems from the left margin;
            (2) by striking all preceding paragraph (3), as 
        redesignated, and inserting the following:
    ``(b) Confidentiality of Information.--
            ``(1) Any information submitted to the Secretary, a state 
        fishery management agency, or a marine fisheries commission by 
        any person in compliance with the requirements of this Act that 
        contains confidential information shall be confidential and 
        shall be exempt from disclosure under section 552(b)(3) of 
        title 5, United States Code, except--
                    ``(A) to Federal employees and Council employees 
                who are responsible for fishery management plan 
                development, monitoring, or enforcement;
                    ``(B) to State or Marine Fisheries Commission 
                employees as necessary to further the Department's 
                mission, subject to a confidentiality agreement that 
                prohibits public disclosure of confidential information 
                relating to any person;
                    ``(C) to State employees who are responsible for 
                fishery management plan enforcement, if the States 
                employing those employees have entered into a fishery 
                enforcement agreement with the Secretary and the 
                agreement is in effect;
                    ``(D) when such information is used by State, 
                Council, or Marine Fisheries Commission employees to 
                verify catch under a limited access program, but only 
                to the extent that such use is consistent with 
                subparagraph (B);
                    ``(E) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to persons for 
                reasons not otherwise provided for in this subsection, 
                and such release does not violate other requirements of 
                this Act;
                    ``(F) when such information is required to be 
                submitted to the Secretary for any determination under 
                a limited access program; or
                    ``(G) in support of homeland and national security 
                activities, including the Coast Guard's homeland 
                security missions as defined in section 888(a)(2) of 
                the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)).
            ``(2) Any observer information shall be confidential and 
        shall not be disclosed, except in accordance with the 
        requirements of subparagraphs (A) through (G) of paragraph (1), 
        or--
                    ``(A) as authorized by a fishery management plan or 
                regulations under the authority of the North Pacific 
                Council to allow disclosure to the public of weekly 
                summary bycatch information identified by vessel or for 
                haul-specific bycatch information without vessel 
                identification;
                    ``(B) when such information is necessary in 
                proceedings to adjudicate observer certifications; or
                    ``(C) as authorized by any regulations issued under 
                paragraph (3) allowing the collection of observer 
                information, pursuant to a confidentiality agreement 
                between the observers, observer employers, and the 
                Secretary prohibiting disclosure of the information by 
                the observers or observer employers, in order--
                            ``(i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as necessary 
                        to train and prepare observers for deployments 
                        on specific vessels; or
                            ``(ii) to validate the accuracy of the 
                        observer information collected.''; and
            (3) by striking ``(1)(E).'' in paragraph (3), as 
        redesignated, and inserting ``(2)(A).''.
    (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
1881c(c)(4)) is amended by striking ``under section 401''.

SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 115, is 
further amended by adding at the end the following:

``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    ``(a) In General.--The Secretary of Commerce, in consultation with 
the Councils, shall establish a cooperative research and management 
program to address needs identified under this Act and under any other 
marine resource laws enforced by the Secretary. The program shall be 
implemented on a regional basis and shall be developed and conducted 
through partnerships among Federal, State, and Tribal managers and 
scientists (including interstate fishery commissions), fishing industry 
participants, and educational institutions.
    ``(b) Eligible Projects.--The Secretary shall make funds available 
under the program for the support of projects to address critical needs 
identified by the Councils in consultation with the Secretary. The 
program shall promote and encourage efforts to utilize sources of data 
maintained by other Federal agencies, State agencies, or academia for 
use in such projects.
    ``(c) Funding.--In making funds available the Secretary shall award 
funding on a competitive basis and based on regional fishery management 
needs, select programs that form part of a coherent program of research 
focused on solving priority issues identified by the Councils, and 
shall give priority to the following projects:
            ``(1) Projects to collect data to improve, supplement, or 
        enhance stock assessments, including the use of fishing vessels 
        or acoustic or other marine technology.
            ``(2) Projects to assess the amount and type of bycatch or 
        post-release mortality occurring in a fishery.
            ``(3) Conservation engineering projects designed to reduce 
        bycatch, including avoidance of post-release mortality, 
        reduction of bycatch in high seas fisheries, and transfer of 
        such fishing technologies to other nations.
            ``(4) Projects for the identification of habitat areas of 
        particular concern and for habitat conservation.
            ``(5) Projects designed to collect and compile economic and 
        social data.
    ``(d) Experimental Permitting Process.--Not later than 180 days 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, the Secretary, 
in consultation with the Councils, shall promulgate regulations that 
create an expedited, uniform, and regionally-based process to promote 
issuance, where practicable, of experimental fishing permits.
    ``(e) Guidelines.--The Secretary, in consultation with the 
Councils, shall establish guidelines to ensure that participation in a 
research project funded under this section does not result in loss of a 
participant's catch history or unexpended days-at-sea as part of a 
limited entry system.
    ``(f) Exempted Projects.--The procedures of this section shall not 
apply to research funded by quota set-asides in a fishery.''.

SEC. 205. HERRING STUDY.

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

``SEC. 318. HERRING STUDY.

    ``(a) In General.--The Secretary may conduct a cooperative research 
program to study the issues of abundance, distribution and the role of 
herring as forage fish for other commercially important fish stocks in 
the Northwest Atlantic, and the potential for local scale depletion 
from herring harvesting and how it relates to other fisheries in the 
Northwest Atlantic. In planning, designing, and implementing this 
program, the Secretary shall engage multiple fisheries sectors and 
stakeholder groups concerned with herring management.
    ``(b) Report.--The Secretary shall present the final results of 
this study to Congress within 3 months following the completion of the 
study, and an interim report at the end of fiscal year 2008.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 
to conduct this study.''.

SEC. 206. RESTORATION STUDY.

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

``SEC. 319. RESTORATION STUDY.

    ``(a) In General.--The Secretary may conduct a study to update 
scientific information and protocols needed to improve restoration 
techniques for a variety of coast habitat types and synthesize the 
results in a format easily understandable by restoration practitioners 
and local communities.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 for fiscal year 2007 to conduct this study.''.

SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

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

SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

    (a) In General.--The Secretary shall establish and maintain a fund, 
to be known as the ``Fisheries Conservation and Management Fund'', 
which shall consist of amounts retained and deposited into the Fund 
under subsection (c).
    (b) Purposes.--Subject to the allocation of funds described in 
subsection (d), amounts in the Fund shall be available to the Secretary 
of Commerce, without appropriation or fiscal year limitation, to 
disburse as described in subsection (e) for--
            (1) efforts to improve fishery harvest data collection 
        including--
                    (A) expanding the use of electronic catch reporting 
                programs and technology; and
                    (B) improvement of monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices and satellite tracking systems such as VMS on 
                small vessels;
            (2) cooperative fishery research and analysis, in 
        collaboration with fishery participants, academic institutions, 
        community residents, and other interested parties;
            (3) development of methods or new technologies to improve 
        the quality, health safety, and value of fish landed;
            (4) conducting analysis of fish and seafood for health 
        benefits and risks, including levels of contaminants and, where 
        feasible, the source of such contaminants;
            (5) marketing of sustainable United States fishery 
        products, including consumer education regarding the health or 
        other benefits of wild fishery products harvested by vessels of 
        the United States;
            (6) improving data collection under the Marine Recreational 
        Fishery Statistics Survey in accordance with section 401(g)(3) 
        of the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1881(g)(3)); and
            (7) providing financial assistance to fishermen to offset 
        the costs of modifying fishing practices and gear to meet the 
        requirements of this Act, the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
        other Federal laws in pari materia.
    (c) Deposits to the Fund.--
            (1) Quota set-asides.--Any amount generated through quota 
        set-asides established by a Council under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) and designated by the Council for inclusion in the 
        Fishery Conservation and Management Fund, may be deposited in 
        the Fund.
            (2) Other funds.--In addition to amounts received pursuant 
        to paragraph (1) of this subsection, the Fishery Conservation 
        and Management Fund may also receive funds from--
                    (A) appropriations for the purposes of this 
                section; and
                    (B) States or other public sources or private or 
                non-profit organizations for purposes of this section.
    (d) Regional Allocation.--The Secretary shall, every 2 years, 
apportion monies from the Fund among the eight Council regions 
according to recommendations of the Councils, based on regional 
priorities identified through the Council process, except that no 
region shall receive less than 5 percent of the Fund in each allocation 
period.
    (e) Limitation on the Use of the Fund.--No amount made available 
from the Fund may be used to defray the costs of carrying out 
requirements of this Act or the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) other than those uses 
identified in this section.

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

    (a) Purpose of Fishery Finance Program Obligations.--Section 
1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1274(a)(7)) is amended to read as follows:
            ``(7) financing or refinancing including,
                    ``(A) the reimbursement of obligors for 
                expenditures previously made, for the purchase of 
                individual fishing quotas in accordance with section 
                303(d)(4) of the Magnuson-Stevens Fishery Conservation 
                and Management Act;
                    ``(B) activities that assist in the transition to 
                reduced fishing capacity; or
                    ``(C) technologies or upgrades designed to improve 
                collection and reporting of fishery-dependent data, to 
                reduce bycatch, to improve selectivity or reduce 
                adverse impacts of fishing gear, or to improve 
                safety.''.
    (b) Expansion of Purposes for Qualified Withdrawals.--Section 
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) 
is amended--
            (1) by striking ``for:'' and inserting ``for--'';
            (B) by striking ``vessel,'' in subparagraph (A) and 
        inserting ``vessel;'';
            (C) by striking ``vessel, or'' in subparagraph (B) and 
        inserting ``vessel;'';
            (D) by striking ``vessel.'' in subparagraph (C) and 
        inserting ``vessel;''; and
            (E) by inserting after subparagraph (C) the following:
                    ``(D) in the case of any person for whose benefit 
                the fund was established and who participates in the 
                fishing capacity reduction program under section 312 of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a)--
                            ``(i) if such person remains in the 
                        fishery, the satisfaction of any debt 
                        obligation undertaken pursuant to such program; 
                        and
                            ``(ii) if such person withdraws 1 or more 
                        vessels from the fishery, the substitution of 
                        amounts the person would otherwise receive 
                        under such program for such person's vessel or 
                        permit to engage in the fishery;
                    ``(E) the repair, maintenance, or upgrade of an 
                eligible vessel or its equipment for the purpose of--
                            ``(i) making conservation engineering 
                        changes to reduce bycatch, improve selectivity 
                        of fishing gear, or reduce adverse impacts of 
                        fishing gear;
                            ``(ii) improving vessel safety; or
                            ``(iii) acquiring, installing, or upgrading 
                        equipment to improve collection, reporting, or 
                        accuracy of fishery data; or
                    ``(F) the acquisition, construction, 
                reconstruction, upgrading, or investment in shoreside 
                fishery-related facilities or infrastructure in the 
                United States for the purpose of promoting United 
                States ownership of fishery-related facilities in the 
                United States without contributing to overcapacity in 
                the sector.''.

SEC. 210. REGIONAL ECOSYSTEM RESEARCH.

    Section 406 (16 U.S.C. 1882) is amended by adding at the end the 
following:
    ``(f) Regional Ecosystem Research.--
            ``(1) Study.--Within 180 days after the date of enactment 
        of the Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2006, the Secretary, in consultation 
        with the Councils, shall undertake and complete a study on the 
        state of the science for advancing the concepts and integration 
        of ecosystem considerations in regional fishery management. The 
        study should build upon the recommendations of the advisory 
        panel and include--
                    ``(A) recommendations for scientific data, 
                information and technology requirements for 
                understanding ecosystem processes, and methods for 
                integrating such information from a variety of federal, 
                state, and regional sources;
                    ``(B) recommendations for processes for 
                incorporating broad stake holder participation;
                    ``(C) recommendations for processes to account for 
                effects of environmental variation on fish stocks and 
                fisheries; and
                    ``(D) a description of existing and developing 
                council efforts to implement ecosystem approaches, 
                including lessons learned by the councils.
            ``(2) Agency Technical Advice and Assistance, Regional 
        Pilot Programs.--The Secretary is authorized to provide 
        necessary technical advice and assistance, including grants, to 
        the Councils for the development and design of regional pilot 
        programs that build upon the recommendations of the advisory 
        panel and, when completed, the study.''.

SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

    Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end 
the following:

``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

    ``(a) In General.--The Secretary, in consultation with appropriate 
regional fishery management councils and in coordination with other 
federal agencies and educational institutions, shall establish a 
program--
            ``(1) to identify existing research on, and known locations 
        of, deep sea corals and submit such information to the 
        appropriate Councils;
            ``(2) to locate and map locations of deep sea corals and 
        submit such information to the Councils;
            ``(3) to monitor activity in locations where deep sea 
        corals are known or likely to occur, based on best scientific 
        information available, including through underwater or remote 
        sensing technologies and submit such information to the 
        appropriate Councils;
            ``(4) to conduct research, including cooperative research 
        with fishing industry participants, on deep sea corals and 
        related species, and on survey methods;
            ``(5) to develop technologies or methods designed to assist 
        fishing industry participants in reducing interactions between 
        fishing gear and deep sea corals; and
            ``(6) to prioritize program activities in areas where deep 
        sea corals are known to occur, and in areas where scientific 
        modeling or other methods predict deep sea corals are likely to 
        be present.
    ``(b) Reporting.--Beginning 1 year after the date of enactment of 
the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, the Secretary, in consultation with the 
Councils, shall submit biennial reports to Congress and the public on 
steps taken by the Secretary to identify and monitor, and the Councils 
to protect, deep sea coral areas, including summaries of the results of 
mapping, research, and data collection performed under the program.''.

SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

    (a) In General.--The Undersecretary of Commerce for Oceans and 
Atmosphere shall execute an agreement with the National Academy of 
Sciences to conduct, jointly, a multi-year, comprehensive in-water 
study designed--
            (1) to measure accurately the efforts and effects of shrimp 
        fishery efforts to utilize turtle excluder devices;
            (2) to analyze the impact of those efforts on sea turtle 
        mortality, including interaction between turtles and shrimp 
        trawlers in the inshore, nearshore, and offshore waters of the 
        Gulf of Mexico and similar geographical locations in the waters 
        of the Southeastern United States; and
            (3) to evaluate innovative technologies to increase shrimp 
        retention in turtle excluder devices while ensuring the 
        protection of endangered and threatened sea turtles.
    (b) Observers.--In conducting the study, the Undersecretary shall 
ensure that observers are placed onboard commercial shrimp fishing 
vessels where appropriate or necessary.
    (c) Interim Reports.--During the course of the study and until a 
final report is submitted to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Resources, the National Academy of Sciences shall transmit interim 
reports to the Committees biannually containing a summary of 
preliminary findings and conclusions from the study.

SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES AND 
              HABITATS.

    (a) Fisheries Report.--Within 180 days after the date of enactment 
of this Act, the Secretary of Commerce shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Resources on the impact of Hurricane 
Katrina, Hurricane Rita, and Hurricane Wilma on--
            (1) commercial and recreational fisheries in the States of 
        Alabama, Louisiana, Florida, Mississippi, and Texas;
            (2) shrimp fishing vessels in those States; and
            (3) the oyster industry in those States.
    (b) Habitat Report.--Within 180 days after the date of enactment of 
this Act, the Secretary of Commerce shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Resources on the impact of Hurricane 
Katrina, Hurricane Rita, and Hurricane Wilma on habitat, including the 
habitat of shrimp and oysters in those States.
    (c) Habitat Restoration.--The Secretary shall carry out activities 
to restore fishery habitats, including the shrimp and oyster habitats 
in Louisiana and Mississippi.

SEC. 214. NORTHWEST PACIFIC FISHERIES CONSERVATION.

    Section 313 (16 U.S.C. 1862) is amended--
            (1) by striking ``all fisheries under the Council's 
        jurisdiction except salmon fisheries'' in subsection (a) and 
        inserting ``any fishery under the Council's jurisdiction except 
        a salmon fishery'';
            (2) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) establishes a system, or system, of fees, which may 
        vary by fishery, management area, or observer coverage level, 
        to pay for the cost of implementing the plan.'';
            (3) by striking ``observers'' in subsection (b)(2)(A) and 
        inserting ``observers, or electronic monitoring systems,'';
            (4) by inserting ``a fixed amount reflecting actual 
        observer costs as described in subparagraph (A) or'' in 
        subsection (b)(2)(E) after ``expressed as'';
            (5) by inserting ``some or'' in subsection (b)(2)(F) after 
        ``against'';
            (6) by inserting ``or an electronic monitoring system'' 
        after ``observer'' in subsection (b)(2)(F);
            (7) by striking ``and'' after the semicolon in subsection 
        (b)(2)(H); and
            (8) by redesignating subparagraph (I) of subsection (b)(2) 
        as subparagraph (J) and inserting after subparagraph (H) the 
        following:
            ``(I) provide that fees collected will be credited against 
        any fee for stationing observers or electronic monitoring 
        systems on board fishing vessels and United States fish 
        processors and the actual cost of inputting collected data to 
        which a fishing vessel or fish processor is subject under 
        section 304(d) of this Act; and''.

SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.

    (a) Review.--The Secretary of Commerce shall conduct a unique, 
thorough examination of the potential impact on all affected and 
interested parties of Framework 42 to the Northeast Multispecies 
Fishery Management Plan.
    (b) Report.--The Secretary shall report the Secretary's findings 
under subsection (a) within 30 days after the date of enactment of this 
Act. The Secretary shall include in the report a detailed discussion of 
each of the following:
            (1) The economic and social implications for affected 
        parties within the fishery, including potential losses to 
        infrastructure, expected from the imposition of Framework 42.
            (2) The estimated average annual income generated by 
        fishermen in New England, separated by State and vessel size, 
        and the estimated annual income expected after the imposition 
        of Framework 42.
            (3) Whether the differential days-at-sea counting imposed 
        by Framework 42 would result in a reduction in the number of 
        small vessels actively participating in the New England 
        Fishery.
            (4) The percentage and approximate number of vessels in the 
        New England fishery, separated by State and vessel type, that 
        are incapable of fishing outside the areas designated in 
        Framework 42 for differential days-at-sea counting.
            (5) The percentage of the annual groundfish catch in the 
        New England fishery that is harvested by small vessels.
            (6) The current monetary value of groundfish permits in the 
        New England fishery and the actual impact that the potential 
        imposition of Framework 42 is having on such value.
            (7) Whether permitting days-at-sea to be leased is altering 
        the market value for groundfish permits or days-at-sea in New 
        England.
            (8) Whether there is a substantially high probability that 
        the biomass targets used as a basis for Amendment 13 remain 
        achievable.
            (9) An identification of the year in which the biomass 
        targets used as a basis for Amendment 13 were last evident or 
        achieved, and the evidence used to determine such date.
            (10) Any separate or non-fishing factors, including 
        environmental factors, that may be leading to a slower 
        rebuilding of groundfish than previously anticipated.
            (11) The potential harm to the non-fishing environment and 
        ecosystem from the reduction in fishing resulting from 
        Framework 42 and the potential redevelopment of the coastal 
        land for other purposes, including potential for increases in 
        non-point source of pollution and other impacts.

SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.

    The Mid-Atlantic Fishery Council, in consultation with the New 
England Fishery Council, shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation within 9 months after the date 
of enactment of this Act--
            (1) describing the role of council liaisons between the 
        Mid-Atlantic and New England Councils, including an explanation 
        of council policies regarding the liaison's role in Council 
        decision-making since 1996;
            (2) describing how management actions are taken regarding 
        the operational aspects of current joint fishery management 
        plans, and how such joint plans may undergo changes through 
        amendment or framework processes;
            (3) evaluating the role of the New England Fishery Council 
        and the Mid-Atlantic Fishery Council liaisons in the 
        development and approval of management plans for fisheries in 
        which the liaisons or members of the non-controlling Council 
        have a demonstrated interest and significant current and 
        historical landings of species managed by either Council;
            (4) evaluating the effectiveness of the various approaches 
        developed by the Councils to improve representation for 
        affected members of the non-controlling Council in Council 
        decision-making, such as use of liaisons, joint management 
        plans, and other policies, taking into account both the 
        procedural and conservation requirements of the Magnuson-
        Stevens Fishery Conservation and Management Act; and
            (5) analyzing characteristics of North Carolina and Florida 
        that supported their inclusion as voting members of more than 
        one Council and the extent to which those characteristics 
        support Rhode Island's inclusion on a second Council (the Mid-
        Atlantic Council).

                  TITLE III--OTHER FISHERIES STATUTES

SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

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

SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

    (a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the 
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended 
to read as follows:
    ``(a) Authorization.--For each of fiscal years 2006, 2007, 2008, 
2009, and 2010, there are authorized to be appropriated to carry out 
this Act--
            ``(1) $1,000,000 to the Secretary of Commerce; and
            ``(2) $250,000 to the Secretary of the Interior.''.
    (b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River 
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000 
for each of fiscal years 2004 through 2008,'' and inserting 
``$4,000,000 for each of fiscal years 2006 through 2010,''.
    (c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning 
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal 
years 2001 through 2005'' and inserting ``fiscal years 2006 through 
2010''.
    (d) Pacific Salmon Treaty Act.--
            (1) Transfer of section to act.--The text of section 623 of 
        title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on 
        November 17, 1999, and enacted into law by section 1000(a)(1) 
        of the Act of November 29, 1999 (Public Law 106-113)--
                    (A) is transferred to the Pacific Salmon Treaty Act 
                (16 U.S.C. 3631 et seq.) and inserted after section 15; 
                and
                    (B) amended--
                            (i) by striking ``Sec. 623.''; and
                            (ii) inserting before ``(a) Northern Fund 
                        and Southern Fund.--'' the following:

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

            (2) Reauthorization.--Section 16(d)(2)(A) of the Pacific 
        Salmon Treaty Act, as transferred by subsection (a), is 
        amended--
            (1) by inserting ``sustainable salmon fisheries,'' after 
        ``enhancement,''; and
            (2) by inserting ``2006, 2007, 2008, and 2009,'' after 
        ``2005,''.
    (e) State Authority for Dungeness Crab Fishery Management.--Section 
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
            (1) by striking ``September 30, 2006.'' in subsection (i) 
        and inserting ``September 30, 2016.'';
            (2) by striking ``health'' in subsection (j) and inserting 
        ``status''; and
            (3) by striking ``California.'' in subsection (j) and 
        inserting ``California, including--
            ``(1) stock status and trends throughout its range;
            ``(2) a description of applicable research and scientific 
        review processes used to determine stock status and trends; and
            ``(3) measures implemented or planned that are designed to 
        prevent or end overfishing in the fishery.''.
    (f) Pacific Fishery Management Council.--
            (1) In General.--The Pacific Fishery Management Council 
        shall develop a proposal for the appropriate rationalization 
        program for the Pacific trawl groundfish and whiting fisheries, 
        including the shore-based sector of the Pacific whiting fishery 
        under its jurisdiction. The proposal may include only the 
        Pacific whiting fishery, including the shore-based sector, if 
        the Pacific Council determines that a rationalization plan for 
        the fishery as a whole cannot be achieved before the report is 
        required to be submitted under paragraph (3).
            (2) Required analysis.--In developing the proposal to 
        rationalize the fishery, the Pacific Council shall fully 
        analyze alternative program designs, including the allocation 
        of limited access privileges to harvest fish to fishermen and 
        processors working together in regional fishery associations or 
        some other cooperative manner to harvest and process the fish, 
        as well as the effects of these program designs and allocations 
        on competition and conservation. The analysis shall include an 
        assessment of the impact of the proposal on conservation and 
        the economics of communities, fishermen, and processors 
        participating in the trawl groundfish fisheries, including the 
        shore-based sector of the Pacific whiting fishery.
            (3) Report.--The Pacific Council shall submit the proposal 
        and related analysis to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Resources no later than 24 months after the date 
        of enactment of this Act.

                        TITLE IV--INTERNATIONAL

SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

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

``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

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

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

    Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of this 
Act, is further amended by adding at the end the following:
            ``(12) International cooperation is necessary to address 
        illegal, unreported, and unregulated fishing and other fishing 
        practices which may harm the sustainability of living marine 
        resources and disadvantage the United States fishing 
        industry.''.

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

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

``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

    ``The Secretary, in consultation with the Secretary of State, shall 
provide to Congress, by not later than 2 years after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, and every 2 years thereafter, a report 
that includes--
            ``(1) the state of knowledge on the status of international 
        living marine resources shared by the United States or subject 
        to treaties or agreements to which the United States is a 
        party, including a list of all such fish stocks classified as 
        overfished, overexploited, depleted, endangered, or threatened 
        with extinction by any international or other authority charged 
        with management or conservation of living marine resources;
            ``(2) a list of nations whose vessels have been identified 
        under sections 609(a) or 610(a), including the specific 
        offending activities and any subsequent actions taken pursuant 
        to section 609 or 610;
            ``(3) a description of efforts taken by nations on those 
        lists to comply take appropriate corrective action consistent 
        with sections 609 and 610, and an evaluation of the progress of 
        those efforts, including steps taken by the United States to 
        implement those sections and to improve international 
        compliance;
            ``(4) progress at the international level, consistent with 
        section 608, to strengthen the efforts of international fishery 
        management organizations to end illegal, unreported, or 
        unregulated fishing; and
            ``(5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to those of 
        the United States to reduce impacts of fishing and other 
        practices on protected living marine resources, if no 
        international agreement to achieve such goal exists, or if the 
        relevant international fishery or conservation organization has 
        failed to implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.

``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT 
              ORGANIZATIONS.

    ``The Secretary, in consultation with the Secretary of State, and 
in cooperation with relevant fishery management councils and any 
relevant advisory committees, shall take actions to improve the 
effectiveness of international fishery management organizations in 
conserving and managing fish stocks under their jurisdiction. These 
actions shall include--
            ``(1) urging international fishery management organizations 
        to which the United States is a member--
                    ``(A) to incorporate multilateral market-related 
                measures against member or nonmember governments whose 
                vessels engage in illegal, unreported, or unregulated 
                fishing;
                    ``(B) to seek adoption of lists that identify 
                fishing vessels and vessel owners engaged in illegal, 
                unreported, or unregulated fishing that can be shared 
                among all members and other international fishery 
                management organizations;
                    ``(C) to seek international adoption of a 
                centralized vessel monitoring system in order to 
                monitor and document capacity in fleets of all nations 
                involved in fishing in areas under the an international 
                fishery management organization's jurisdiction;
                    ``(D) to increase use of observers and technologies 
                needed to monitor compliance with conservation and 
                management measures established by the organization, 
                including vessel monitoring systems and automatic 
                identification systems; and
                    ``(E) to seek adoption of stronger port state 
                controls in all nations, particularly those nations in 
                whose ports vessels engaged in illegal, unreported, or 
                unregulated fishing land or transship fish;
            ``(2) urging international fishery management organizations 
        to which the United States is a member, as well as all members 
        of those organizations, to adopt and expand the use of market-
        related measures to combat illegal, unreported, or unregulated 
        fishing, including--
                    ``(A) import prohibitions, landing restrictions, or 
                other market-based measures needed to enforce 
                compliance with international fishery management 
                organization measures, such as quotas and catch limits;
                    ``(B) import restrictions or other market-based 
                measures to prevent the trade or importation of fish 
                caught by vessels identified multilaterally as engaging 
                in illegal, unreported, or unregulated fishing; and
                    ``(C) catch documentation and certification schemes 
                to improve tracking and identification of catch of 
                vessels engaged in illegal, unreported, or unregulated 
                fishing, including advance transmission of catch 
                documents to ports of entry; and
            ``(3) urging other nations at bilateral, regional, and 
        international levels, including the Convention on International 
        Trade in Endangered Species of Fauna and Flora and the World 
        Trade Organization to take all steps necessary, consistent with 
        international law, to adopt measures and policies that will 
        prevent fish or other living marine resources harvested by 
        vessels engaged in illegal, unreported, or unregulated fishing 
        from being traded or imported into their nation or territories.

``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

    ``(a) Identification.--The Secretary shall identify, and list in 
the report under section 607, a nation if fishing vessels of that 
nation are engaged, or have been engaged at any point during the 
preceding two years in illegal, unreported, or unregulated fishing; 
and--
            ``(1) the relevant international fishery management 
        organization has failed to implement effective measures to end 
        the illegal unreported, or unregulated fishing activity by 
        vessels of that nation or the nation is not a party to, or does 
        not maintain cooperating status with, such organization; or
            ``(2) where no international fishery management 
        organization exists with a mandate to regulate the fishing 
        activity in question.
    ``(b) Notification.--An identification under subsection (a) or 
section 610(a) is deemed to be an identification under section 
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16 
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President 
and that nation of such identification.
    ``(c) Consultation.--No later than 60 days after submitting a 
report to Congress under section 607, the Secretary, acting through the 
Secretary of State, shall--
            ``(1) notify nations listed in the report of the 
        requirements of this section;
            ``(2) initiate consultations for the purpose of encouraging 
        such nations to take the appropriate corrective action with 
        respect to the offending activities of their fishing vessels 
        identified in the report; and
            ``(3) notify any relevant international fishery management 
        organization of the actions taken by the United States under 
        this section.
    ``(d) IUU Certification Procedure.--
            ``(1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter II of 
        chapter 5 of title 5, United States Code, and including notice 
        and an opportunity for comment by the governments of any nation 
        listed by the Secretary under subsection (a), for determining 
        if that government has taken appropriate corrective action with 
        respect to the offending activities of its fishing vessels 
        identified in the report under section 607. The Secretary shall 
        determine, on the basis of the procedure, and certify to the 
        Congress no later than 90 days after the date on which the 
        Secretary promulgates a final rule containing the procedure, 
        and biennially thereafter in the report under section 607--
                    ``(A) whether the government of each nation 
                identified under subsection (b) has provided 
                documentary evidence that it has taken corrective 
                action with respect to the offending activities of its 
                fishing vessels identified in the report; or
                    ``(B) whether the relevant international fishery 
                management organization has implemented measures that 
                are effective in ending the illegal, unreported, or 
                unregulated fishing activity by vessels of that nation.
            ``(2) Alternative procedure.--The Secretary may establish a 
        procedure for certification, on a shipment-by-shipment, 
        shipper-by-shipper, or other basis of fish or fish products 
        from a vessel of a harvesting nation not certified under 
        paragraph (1) if the Secretary determines that--
                    ``(A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to which the 
                United States is a party; or
                    ``(B) the vessel is not identified by an 
                international fishery management organization as 
                participating in illegal, unreported, or unregulated 
                fishing activities.
            ``(3) Effect of certification.--The provisions of section 
        101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
        1826a(a), (b)(3), and (b)(4)) (except to the extent that such 
        provisions apply to sport fishing equipment or fish or products 
        thereof not managed under the relevant international fishery 
        agreement (or, where there is no such agreement, not caught by 
        the vessels engaged in illegal, unreported, or unregulated 
        fishing)) shall apply to any nation identified under subsection 
        (a) that has not been certified by the Secretary under this 
        subsection, or for which the Secretary has issued a negative 
        certification under this subsection, but shall not apply to any 
        nation identified under subsection (a) for which the Secretary 
        has issued a positive certification under this subsection.
    ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
            ``(1) In general.--In this Act the term `illegal, 
        unreported, or unregulated fishing' has the meaning established 
        under paragraph (2).
            ``(2) Secretary to define term within legislative 
        guidelines.--Within 3 months after the date of enactment of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2006, the Secretary shall publish a 
        definition of the term `illegal, unreported, or unregulated 
        fishing' for purposes of this Act.
            ``(3) Guidelines.--The Secretary shall include in the 
        definition, at a minimum--
                    ``(A) fishing activities that violate conservation 
                and management measures required under an international 
                fishery management agreement to which the United States 
                is a party, including catch limits or quotas, capacity 
                restrictions, and bycatch reduction requirements;
                    ``(B) overfishing of fish stocks shared by the 
                United States, for which there are no applicable 
                international conservation or management measures or in 
                areas with no applicable international fishery 
                management organization or agreement, that has adverse 
                impacts on such stocks; and
                    ``(C) fishing activity, including bottom trawling, 
                that has adverse impacts on seamounts, hydrothermal 
                vents, and cold water corals located beyond national 
                jurisdiction, for which there are no applicable 
                conservation or management measures or in areas with no 
                applicable international fishery management 
                organization or agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2006 through 2012 such 
sums as are necessary to carry out this section.

``SEC. 610. EQUIVALENT CONSERVATION MEASURES.

    ``(a) Identification.--The Secretary shall identify, and list in 
the report under section 607, a nation if--
            ``(1) fishing vessels of that nation are engaged, or have 
        been engaged during the preceding calendar year in fishing 
        activities or practices;
                    ``(A) beyond the exclusive economic zone of any 
                nation that result in bycatch of a protected living 
                marine resource; or
                    ``(B) beyond the exclusive economic zone of the 
                United States that result in bycatch of a protected 
                living marine resource shared by the United States;
            ``(2) the relevant international organization for the 
        conservation and protection of such resources or the relevant 
        international or regional fishery organization has failed to 
        implement effective measures to end or reduce such bycatch, or 
        the nation is not a party to, or does not maintain cooperating 
        status with, such organization; and
            ``(3) the nation has not adopted a regulatory program 
        governing such fishing practices designed to end or reduce such 
        bycatch that is comparable to that of the United States, taking 
        into account different conditions.
    ``(b) Consultation and Negotiation.--The Secretary, acting through 
the Secretary of State, shall--
            ``(1) notify, as soon as possible, other nations whose 
        vessels engage in fishing activities or practices described in 
        subsection (a), about the provisions of this section and this 
        Act;
            ``(2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have persons 
        or companies engaged in, fishing activities or practices 
        described in subsection (a), for the purpose of entering into 
        bilateral and multilateral treaties with such countries to 
        protect such species;
            ``(3) seek agreements calling for international 
        restrictions on fishing activities or practices described in 
        subsection (a) through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate international fishery management bodies; and
            ``(4) initiate the amendment of any existing international 
        treaty for the protection and conservation of such species to 
        which the United States is a party in order to make such treaty 
        consistent with the purposes and policies of this section.
    ``(c) Conservation Certification Procedure.--
            ``(1) Certification.--The Secretary shall determine, on the 
        basis of a procedure consistent with the provisions of 
        subchapter II of chapter 5 of title 5, United States Code, and 
        including notice and an opportunity for comment by the 
        governments of any nation identified by the Secretary under 
        subsection (a). The Secretary shall certify to the Congress by 
        January 31, 2007, and biennially thereafter whether the 
        government of each harvesting nation--
                    ``(A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine resource 
                that is comparable to that of the United States, taking 
                into account different conditions, and which, in the 
                case of pelagic longline fishing, includes mandatory 
                use of circle hooks, careful handling and release 
                equipment, and training and observer programs; and
                    ``(B) has established a management plan containing 
                requirements that will assist in gathering species-
                specific data to support international stock 
                assessments and conservation enforcement efforts for 
                protected living marine resources.
            ``(2) Alternative procedure.--The Secretary shall establish 
        a procedure for certification, on a shipment-by-shipment, 
        shipper-by-shipper, or other basis of fish or fish products 
        from a vessel of a harvesting nation not certified under 
        paragraph (1) if the Secretary determines that such imports 
        were harvested by practices that do not result in bycatch of a 
        protected marine species, or were harvested by practices that--
                    ``(A) are comparable to those of the United States, 
                taking into account different conditions, and which, in 
                the case of pelagic longline fishing, includes 
                mandatory use of circle hooks, careful handling and 
                release equipment, and training and observer programs; 
                and
                    ``(B) include the gathering of species specific 
                data that can be used to support international and 
                regional stock assessments and conservation efforts for 
                protected living marine resources.
            ``(3) Effect of Certification.--The provisions of section 
        101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
        1826a(a), (b)(3), and (b)(4)) (except to the extent that such 
        provisions apply to sport fishing equipment or fish or fish 
        products not caught by the vessels engaged in illegal, 
        unreported, or unregulated fishing) shall apply to any nation 
        identified under subsection (a) that has not been certified by 
        the Secretary under this subsection, or for which the Secretary 
        has issued a negative certification under this subsection, but 
        shall not apply to any nation identified under subsection (a) 
        for which the Secretary has issued a positive certification 
        under this subsection.
    ``(d) International Cooperation and Assistance.--To the greatest 
extent possible consistent with existing authority and the availability 
of funds, the Secretary shall--
            ``(1) provide appropriate assistance to nations identified 
        by the Secretary under subsection (a) and international 
        organizations of which those nations are members to assist 
        those nations in qualifying for certification under subsection 
        (c);
            ``(2) undertake, where appropriate, cooperative research 
        activities on species statistics and improved harvesting 
        techniques, with those nations or organizations;
            ``(3) encourage and facilitate the transfer of appropriate 
        technology to those nations or organizations to assist those 
        nations in qualifying for certification under subsection (c); 
        and
            ``(4) provide assistance to those nations or organizations 
        in designing and implementing appropriate fish harvesting 
        plans.
    ``(e) Protected Living Marine Resource Defined.--In this section 
the term `protected living marine resource'--
            ``(1) means non-target fish, sea turtles, or marine mammals 
        that are protected under United States law or international 
        agreement, including the Marine Mammal Protection Act, the 
        Endangered Species Act, the Shark Finning Prohibition Act, and 
        the Convention on International Trade in Endangered Species of 
        Wild Flora and Fauna; but
            ``(2) does not include species, except sharks, managed 
        under the Magnuson-Stevens Fishery Conservation and Management 
        Act, the Atlantic Tunas Convention Act, or any international 
        fishery management agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2006 through 2012 such 
sums as are necessary to carry out this section.``.
    (b) Conforming Amendments.--
            (1) Denial of port privileges.--Section 101(b) of the High 
        Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is 
        amended by inserting ``or illegal, unreported, or unregulated 
        fishing`` after ``fishing`` in paragraph (1)(A)(i), paragraph 
        (1)(B), paragraph (2), and paragraph (4)(A)(i).
            (2) Duration of denial.--Section 102 of the High Seas 
        Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended 
        by inserting ``or illegal, unreported , or unregulated 
        fishing`` after ``fishing``.

SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

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

SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

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

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including use for payment of the 
United States share of the joint expenses of the Commission as provided 
in Article X of the Convention--
            ``(1) $5,495,000 for fiscal year 2006;
            ``(2) $5,770,000 for each of fiscal years 2007 and 2008;
            ``(3) $6,058,000 for each of fiscal years 2009 and 2010; 
        and
            ``(4) $6,361,000 for each of fiscal years 2011 and 2012.
    ``(b) Allocation.--Of the amounts made available under subsection 
(a) for each fiscal year--
            ``(1) $160,000 are authorized for the advisory committee 
        established under section 4 of this Act and the species working 
        groups established under section 4A of this Act; and
            ``(2) $7,500,000 are authorized for research activities 
        under this Act and section 3 of Public Law 96-339 (16 U.S.C. 
        971i), of which $3,000,000 shall be for the cooperative 
        research program under section 3(b)(2)(H) of that section (16 
        U.S.C. 971i(b)(2)(H).''.
    (b) Disqualification From Appointment to International Commission 
for the Conservation of Atlantic Tunas.--Section 3(a) of the Atlantic 
Tunas Convention Act of 1975 (16 U.S.C. 971a(a)) is amended by adding 
at the end the following:
            ``(4) An individual who has directly represented, aided, or 
        advised a foreign entity in any marine resources negotiation, 
        or marine resource dispute, with the United States may not be 
        appointed or serve as a Commissioner.''.
    (c) Atlantic Billfish Cooperative Research Program.--Section 
3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) include a cooperative research program on 
                Atlantic billfish based on the Southeast Fisheries 
                Science Center Atlantic Billfish Research Plan of 2002; 
                and''.

SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

    (a) International Overfishing.--Section 304 (16 U.S.C. 1854) is 
amended by adding at the end thereof the following:
    ``(i) International Overfishing.--The provisions of this subsection 
shall apply in lieu of subsection (e) to a fishery that the Secretary 
determines is overfished or approaching a condition of being overfished 
due to excessive international fishing pressure, and for which there 
are no management measures to end overfishing under an international 
agreement to which the United States is a party. For such fisheries--
            ``(1) the Secretary, in cooperation with the Secretary of 
        State, immediately take appropriate action at the international 
        level to end the overfishing; and
            ``(2) within 1 year after the Secretary's determination, 
        the appropriate Council, or Secretary, for fisheries under 
        section 302(a)(3) shall--
                    ``(A) develop recommendations for domestic 
                regulations to address the relative impact of fishing 
                vessels of the United States on the stock and, if 
                developed by a Council, the Council shall submit such 
                recommendations to the Secretary; and
                    ``(B) develop and submit recommendations to the 
                Secretary of State, and to the Congress, for 
                international actions that will end overfishing in the 
                fishery and rebuild the affected stocks, taking into 
                account the relative impact of vessels of other nations 
                and vessels of the United States on the relevant 
                stock.''.
    (b) Highly Migratory Species Tagging Research.--Section 304(g)(2) 
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and 
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in 
a commercial fishery managed by a Council under this Act or the Western 
and Central Pacific Fisheries Convention Implementation Act,''.

SEC. 407. UNITED STATES CATCH HISTORY.

    In establishing catch allocations under international fisheries 
agreements, the Secretary, in consultation with the Secretary of the 
Department in which the Coast Guard is operating, and the Secretary of 
State, shall ensure that all catch history in a fishery associated with 
a vessel of the United States remains with the United States in that 
fishery, and is not transferred or credited to any other nation or 
vessel of such nation, including when a vessel of the United States is 
sold or transferred to a citizen of another nation or to an entity 
controlled by citizens of another nation.

SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISHERIES.

    (a) In General.--The Secretary, in consultation with the Under 
Secretary of Commerce for Oceans and Atmosphere, shall designate a 
Senate-confirmed, senior official within the National Oceanic and 
Atmospheric Administration to perform the duties of the Secretary with 
respect to international agreements involving fisheries and other 
living marine resources, including policy development and 
representation as a U.S. Commissioner, under any such international 
agreements.
    (b) Advice.--The designated official shall, in consultation with 
the Deputy Assistant Secretary for International Affairs and the 
Administrator of the National Marine Fisheries Service, advise the 
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and 
other senior officials of the Department of Commerce and the National 
Oceanic and Atmospheric Administration on development of policy on 
international fisheries conservation and management matters.
    (c) Consultation.--The designated official shall consult with the 
Senate Committee on Commerce, Science, and Transportation and the House 
Committee on Resources on matters pertaining to any regional or 
international negotiation concerning living marine resources, including 
shellfish, including before initialing any agreement concerning living 
marine resources or attending any official meeting at which management 
measures will be discussed, and shall otherwise keep the committees 
informed throughout the negotiation process.
    (d) Delegation.--The designated official may delegate and authorize 
successive re-delegation of such functions, powers, and duties to such 
officers and employees of the National Oceanic and Atmospheric 
Administration as deemed necessary to discharge the responsibility of 
the Office.
    (e) Disqualification From Designation.--The Secretary may not 
designate an individual under subsection (a) who has directly 
represented, aided, or advised a foreign entity (as defined in section 
207(f)(3) of title 18, United States Code) in any marine resource 
negotiation, or marine resource dispute, with the United States.

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

SEC. 501. SHORT TITLE.

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

SEC. 502. DEFINITIONS.

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

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

    (a) In General.--The United States shall be represented on the 
Commission by 5 United States Commissioners. The President shall 
appoint individuals to serve on the Commission at the pleasure of the 
President. In making the appointments, the President shall select 
Commissioners from among individuals who are knowledgeable or 
experienced concerning highly migratory fish stocks in the Western and 
Central Pacific Ocean, one of whom shall be an officer or employee of 
the Department of Commerce, and one of whom shall be the chairman or a 
member of the Western Pacific Fishery Management Council. The 
Commissioners shall be entitled to adopt such rules of procedures as 
they find necessary and to select a chairman from among members who are 
officers or employees of the United States Government.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise at any meeting of the Commission, Council, 
any Panel, or the advisory committee established pursuant to subsection 
(d), all powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection (a) of 
this section for whatever reason. The number of such Alternate United 
States Commissioners that may be designated for any such meeting shall 
be limited to the number of United States Commissioners appointed 
pursuant to subsection (a) of this section who will not be present at 
such meeting.
    (c) Administrative Matters.--
            (1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the United 
        States Government, shall be considered to be Federal employees 
        while performing such service, only for purposes of--
                    (A) injury compensation under chapter 81 of title 
                5, United States Code;
                    (B) tort claims liability as provided under chapter 
                171 of title 28 United States Code;
                    (C) requirements concerning ethics, conflicts of 
                interest, and corruption as provided under title 18, 
                United States Code; and
                    (D) any other criminal or civil statute or 
                regulation governing the conduct of Federal employees.
            (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as such Commissioners or Alternate Commissioners.
            (3) Travel expenses.--
                    (A) The Secretary of State shall pay the necessary 
                travel expenses of United States Commissioners and 
                Alternate United States Commissioners in accordance 
                with the Federal Travel Regulations and sections 5701, 
                5702, 5704 through 5708, and 5731 of title 5, United 
                States Code.
                    (B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.
    (d) Advisory Committees.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee which shall be composed of--
                            (i) not less than 15 nor more than 20 
                        individuals appointed by the United States 
                        Commissioners who shall select such individuals 
                        from the various groups concerned with the 
                        fisheries covered by the WCPFC Convention, 
                        providing, to the maximum extent practicable, 
                        an equitable balance among such groups;
                            (ii) the chair of the Western Pacific 
                        Fishery Management Council's Advisory Committee 
                        or the chair's designee; and
                            (iii) officials of the fisheries management 
                        authorities of American Samoa, Guam, and the 
                        Northern Mariana Islands (or their designees).
                    (B) Terms and privileges.--Each member of the 
                advisory committee appointed under subparagraph (A) 
                shall serve for a term of 2 years and shall be eligible 
                for reappointment. Members of the advisory committee 
                may attend all public meetings of the Commission, 
                Council, or any Panel to which they are invited by the 
                Commission, Council, or any Panel. The advisory 
                committee shall be invited to attend all non-executive 
                meetings of the United States Commissioners and at such 
                meetings shall be given opportunity to examine and to 
                be heard on all proposed programs of investigation, 
                reports, recommendations, and regulations of the 
                Commission.
                    (C) Procedures.--The advisory committee established 
                by subparagraph (A) shall determine its organization, 
                and prescribe its practices and procedures for carrying 
                out its functions under this chapter, the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and the WCPFC Convention. The 
                advisory committee shall publish and make available to 
                the public a statement of its organization, practices, 
                and procedures. A majority of the members of the 
                advisory committee shall constitute a quorum. Meetings 
                of the advisory committee, except when in executive 
                session, shall be open to the public, and prior notice 
                of meetings shall be made public in a timely fashion. 
                and the advisory committee shall not be subject to the 
                Federal Advisory Committee Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the advisory 
                committee with relevant information concerning 
                fisheries and international fishery agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to advisory committees in a timely manner such 
                administrative and technical support services as are 
                necessary for their effective functioning.
                    (B) Compensation; status; expenses.--Individuals 
                appointed to serve as a member of an advisory 
                committee--
                            (i) shall serve without pay, but while away 
                        from their homes or regular places of business 
                        in the performance of services for the advisory 
                        committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, in 
                        the same manner as persons employed 
                        intermittently in the Government service are 
                        allowed expenses under section 5703 of title 5, 
                        United States Code; and
                            (ii) shall not be considered Federal 
                        employees by reason of their service as members 
                        of an advisory committee, except for purposes 
                        of injury compensation or tort claims liability 
                        as provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.
    (f) Memorandum of Understanding.--For highly migratory species in 
the Pacific, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Western 
Pacific, Pacific, and North Pacific Fishery Management Councils, that 
specifies the role of the relevant Council or Councils with respect 
to--
            (1) participation in United States delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;
            (2) providing formal recommendations to the Secretary and 
        the Secretary of State regarding necessary measures for both 
        domestic and foreign vessels fishing for these species;
            (3) coordinating positions with the United States 
        delegation for presentation to the appropriate international 
        fishery organization; and
            (4) recommending those domestic fishing regulations that 
        are consistent with the actions of the international fishery 
        organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.)

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

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

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

    (a) Promulgation of Regulations.--The Secretary, in consultation 
with the Secretary of State and, with respect to enforcement measures, 
the Secretary of the Department in which the Coast Guard is operating, 
is authorized to promulgate such regulations as may be necessary to 
carry out the United States international obligations under the WCPFC 
Convention and this title, including recommendations and decisions 
adopted by the Commission. In cases where the Secretary has discretion 
in the implementation of one or more measures adopted by the Commission 
that would govern fisheries under the authority of a Regional Fishery 
Management Council, the Secretary may, to the extent practicable within 
the implementation schedule of the WCPFC Convention and any 
recommendations and decisions adopted by the Commission, promulgate 
such regulations in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (b) Additions to Fishery Regimes and Regulations.--The Secretary 
may promulgate regulations applicable to all vessels and persons 
subject to the jurisdiction of the United States, including United 
States flag vessels wherever they may be operating, on such date as the 
Secretary shall prescribe.

SEC. 506. ENFORCEMENT.

    (a) In General.--The Secretary may--
            (1) administer and enforce this title and any regulations 
        issued under this title, except to the extent otherwise 
        provided for in this Act;
            (2) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies in--
                    (A) the administration and enforcement of this 
                title; and
                    (B) the conduct of scientific, research, and other 
                programs under this title;
            (3) conduct fishing operations and biological experiments 
        for purposes of scientific investigation or other purposes 
        necessary to implement the WCPFC Convention;
            (4) collect, utilize, and disclose such information as may 
        be necessary to implement the WCPFC Convention, subject to 
        sections 552 and 552a of title 5, United States Code, and 
        section 402(b) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881a(b));
            (5) if recommended by the United States Commissioners or 
        proposed by a Council with authority over the relevant fishery, 
        assess and collect fees, not to exceed three percent of the ex-
        vessel value of fish harvested by vessels of the United States 
        in fisheries managed pursuant to this title, to recover the 
        actual costs to the United States of management and enforcement 
        under this title, which shall be deposited as an offsetting 
        collection in, and credited to, the account providing 
        appropriations to carry out the functions of the Secretary 
        under this title; and
            (6) issue permits to owners and operators of United States 
        vessels to fish in the convention area seaward of the United 
        States Exclusive Economic Zone, under such terms and conditions 
        as the Secretary may prescribe, and shall remain valid for a 
        period to be determined by the Secretary.
    (b) Consistency With Other Laws.--The Secretary shall ensure the 
consistency, to the extent practicable, of fishery management programs 
administered under this Act, the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act 
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et 
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note) 
(relating to Pacific albacore tuna), and the Atlantic Tunas Convention 
Act (16 U.S.C. 971).
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated into and 
made a part of this title.
    (d) Confidentiality.--
            (1) In general.--Any information submitted to the Secretary 
        in compliance with any requirement under this Act shall be 
        confidential and shall not be disclosed, except--
                    (A) to Federal employees who are responsible for 
                administering, implementing, and enforcing this Act;
                    (B) to the Commission, in accordance with 
                requirements in the Convention and decisions of the 
                Commission, and, insofar as possible, in accordance 
                with an agreement with the Commission that prevents 
                public disclosure of the identity or business of any 
                person;
                    (C) to State or Marine Fisheries Commission 
                employees pursuant to an agreement with the Secretary 
                that prevents public disclosure of the identity or 
                business or any person;
                    (D) when required by court order; or
                    (E) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to persons for 
                reasons not otherwise provided for in this subsection, 
                and such release does not violate other requirements of 
                this Act.
            (2) Use of information.--The Secretary shall, by 
        regulation, prescribe such procedures as may be necessary to 
        preserve the confidentiality of information submitted in 
        compliance with any requirement or regulation under this Act, 
        except that the Secretary may release or make public any such 
        information in any aggregate or summary form that does not 
        directly or indirectly disclose the identity or business of any 
        person. Nothing in this subsection shall be interpreted or 
        construed to prevent the use for conservation and management 
        purposes by the Secretary of any information submitted in 
        compliance with any requirement or regulation under this Act.

SEC. 507. PROHIBITED ACTS.

    (a) In General.--It is unlawful for any person--
            (1) to violate any provision of this title or any 
        regulation or permit issued pursuant to this title;
            (2) to use any fishing vessel to engage in fishing after 
        the revocation, or during the period of suspension, or an 
        applicable permit issued pursuant to this title;
            (3) to refuse to permit any officer authorized to enforce 
        the provisions of this title to board a fishing vessel subject 
        to such person's control for the purposes of conducting any 
        search, investigation, or inspection in connection with the 
        enforcement of this title or any regulation, permit, or the 
        Convention;
            (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigations, or inspection in 
        connection with the enforcement of this title or any 
        regulation, permit, or the Convention;
            (5) to resist a lawful arrest for any act prohibited by 
        this title;
            (6) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish taken or retained in violation of this title or any 
        regulation, permit, or agreement referred to in paragraph (1) 
        or (2);
            (7) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any chapter prohibited by this 
        section;
            (8) to knowingly and willfully submit to the Secretary 
        false information (including false information regarding the 
        capacity and extent to which a United States fish processor, on 
        an annual basis, will process a portion of the optimum yield of 
        a fishery that will be harvested by fishery vessels of the 
        United States), regarding any matter that the Secretary is 
        considering in the course of carrying out this title;
            (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer one a vessel under this title, or any data collector 
        employed by the National Marine Fisheries Service or under 
        contract to any person to carry out responsibilities under this 
        title;
            (10) to engage in fishing in violation of any regulation 
        adopted pursuant to section 506(a) of this title;
            (11) to ship, transport, purchase, sell, offer for sale, 
        import, export, or have in custody, possession, or control any 
        fish taken or retained in violation of such regulations;
            (12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports as are required by 
        regulations adopted pursuant to this title to be made, kept, or 
        furnished;
            (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (14) to import, in violation of any regulation adopted 
        pursuant to section 506(a) of this title, any fish in any form 
        of those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any tuna in any form not under regulation but under 
        investigation by the Commission, during the period such fish 
        have been denied entry in accordance with the provisions of 
        section 506(a) of this title.
    (b) Entry Certification.--In the case of any fish described in 
subsection (a) offered for entry into the United States, the Secretary 
of Commerce shall require proof satisfactory to the Secretary that such 
fish is not ineligible for such entry under the terms of section 506(a) 
of this title.

SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with agencies of the United 
States government, any public or private institutions or organizations 
within the United States or abroad, and, through the Secretary of 
State, the duly authorized officials of the government of any party to 
the WCPFC Convention, in carrying out responsibilities under this 
title.
    (b) Scientific and Other Programs; Facilities and Personnel.--All 
Federal agencies are authorized, upon the request of the Secretary, to 
cooperate in the conduct of scientific and other programs and to 
furnish facilities and personnel for the purpose of assisting the 
Commission in carrying out its duties under the WCPFC Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws or regulations of any State, 
prevents the Secretary or the Commission from--
            (1) conducting or authorizing the conduct of fishing 
        operations and biological experiments at any time for purposes 
        of scientific investigation; or
            (2) discharging any other duties prescribed by the WCPFC 
        Convention.
    (d) State Jurisdiction Not Affected.--Except as provided in 
subsection (e) of this section, nothing in this title shall be 
construed to diminish or to increase the jurisdiction of any State in 
the territorial sea of the United States.
    (e) Application of Regulations--
            (1) In general.--regulations promulgated under section 
        506(a) of this title shall apply within the boundaries of any 
        State bordering on the Convention area if the Secretary has 
        provided notice to such State, the State does not request an 
        agency hearing, and the Secretary determines that the State--
                    (A) has not, within a reasonable period of time 
                after the promulgation of regulations pursuant to this 
                title, enacted laws or promulgated regulations that 
                implement the recommendations of the Commission within 
                the boundaries of such State; or
                    (B) has enacted laws or promulgated regulations 
                that implement the recommendations of the commission 
                within the boundaries of such State that--
                            (i) are less restrictive that the 
                        regulations promulgated under section 506(a) of 
                        this title; or
                            (ii) are not effectively enforced.
            (2) Determination by secretary.--The regulations 
        promulgated pursuant to section 506(a) of this title shall 
        apply until the Secretary determines that the State is 
        effectively enforcing within its boundaries measures that are 
        not less restrictive than the regulations promulgated under 
        section 506(a) of this title.
            (3) Hearing.--If a State requests a formal agency hearing, 
        the Secretary shall not apply the regulations promulgated 
        pursuant section 506(a) of this title within that State's 
        boundaries unless the hearing record supports a determination 
        under paragraph (1)(A) or (B).
    (f) Review of State Laws and Regulations.--To ensure that the 
purposes of subsection (e) are carried out, the Secretary shall 
undertake a continuing review of the laws and regulations of all States 
to which subsection (e) applies or may apply and the extent to which 
such laws and regulations are enforced.

SEC. 509. TERRITORIAL PARTICIPATION.

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

SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of nations fishing for 
species under the management authority of the Western and Central 
Pacific Fisheries Convention that do not carry vessel monitoring 
systems capable of communicating with United States enforcement 
authorities shall, prior to, or as soon as reasonably possible after, 
entering and transiting the Exclusive Economic Zone seaward of Hawaii 
and of the Commonwealths, territories, and possessions of the United 
States in the Pacific Ocean area--
            (1) notify the United States Coast Guard or the National 
        Marine Fisheries Service Office of Law Enforcement in the 
        appropriate region of the name, flag state, location, route, 
        and destination of the vessel and of the circumstances under 
        which it will enter United States waters;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place where it 
        is normally used for fishing and placed where it is not readily 
        available for fishing; and
            (3) where requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

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

                       TITLE VI--PACIFIC WHITING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Pacific Whiting Act of 2006''.

SEC. 602. DEFINITIONS.

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

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

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

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

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

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

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

SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

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

SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

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

SEC. 608. RULEMAKING.

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

SEC. 609. ADMINISTRATIVE MATTERS.

    (a) Employment Status.--Individuals serving as such Commissioners, 
other than officers or employees of the United States Government, shall 
be considered to be Federal employees while performing such service, 
only for purposes of--
            (1) injury compensation under chapter 81 of title 5, United 
        States Code;
            (2) tort claims liability as provided under chapter 171 of 
        title 28 United States Code;
            (3) requirements concerning ethics, conflicts of interest, 
        and corruption as provided under title 18, United States Code; 
        and
            (4) any other criminal or civil statute or regulation 
        governing the conduct of Federal employees.
    (b) Compensation.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual appointed under this title shall receive no 
        compensation for the individual's service as a representative, 
        alternate representative, scientific expert, or advisory panel 
        member under this title.
            (2) Scientific review group.--Notwithstanding paragraph 
        (1), the Secretary may employ and fix the compensation of an 
        individual appointed under section 604(a) to serve as a 
        scientific expert on the scientific review group who is not 
        employed by the United States government, a State government, 
        or an Indian tribal government in accordance with section 3109 
        of title 5, United States Code.
    (c) Travel Expenses.--Except as provided in subsection (d), the 
Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 
title 5, United States Code.
    (d) Joint Appointees.--With respect to the 2 independent members of 
the scientific review group and the 2 public advisors to the scientific 
review group jointly appointed under section 604(c), and the 1 
independent member to the joint technical committee jointly appointed 
under section 605(b), the Secretary may pay up to 50 percent of--
            (1) any compensation paid to such individuals; and
            (2) the necessary travel expenses of such individuals.

SEC. 610. ENFORCEMENT.

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

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the Senate June 19, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 2012

_______________________________________________________________________

                                 AN ACT

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