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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5018 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5018

To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

 Mr. Pombo (for himself, Mr. Frank of Massachusetts, and Mr. Young of 
   Alaska) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, 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: AMENDMENT REFERENCES.

    (a) Short Title.--The Act may be cited as the ``American Fisheries 
Management and Marine Life Enhancement Act''.
    (b) Amendment of Magnuson-Stevens Fishery Conservation and 
Management Act.--Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed as 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. 2. TECHNICAL CORRECTIONS TO DEFINITIONS.

    (a) Execution of Prior Amendments.--
            (1) Continental shelf fishery resources.--Section 102(2) of 
        the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 
        3561) is amended--
                    (A) by striking ``COELENTERATA'' and inserting 
                ``coelenterata'';
                    (B) by striking ``CNIDARIA'' and inserting 
                ``cnidaria''; and
                    (C) by striking ``CRUSTACEA'' and inserting 
                ``crustacea''.
            (2) United states harvested fish.--Section 102(11) of the 
        Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) 
        is amended by striking ``(42)'' and inserting ``(43)''.
            (3) Effective date.--This subsection shall take effect on 
        the effective date of section 102 of Public Law 104-297.
    (b) Corrections Relating to Special Areas.--Section 3 (16 U.S.C. 
1802) is amended--
            (1) by striking paragraphs (35) and (36);
            (2) by redesignating paragraphs (37) through the last 
        paragraph (relating to the definition of ``waters of a foreign 
        nation'') in order as paragraphs (35) through (44);
            (3) by inserting ``(a) General Defini-

        tions.--'' before ``As used in this Act''; and
            (4) by adding at the end the following:
    ``(b) Terms Relating to Agreement With the Former Soviet Union.--As 
used in this Act the term `special areas' means the areas referred to 
as eastern special areas in Article 3(1) of the Agreement between the 
United States of America and the Union of Soviet Socialist Republics on 
the Maritime Boundary, signed June 1, 1990. In particular, the term 
refers to those areas east of the maritime boundary, as defined in that 
Agreement, that lie within 200 nautical miles of the baselines from 
which the breadth of the territorial sea of Russia is measured but 
beyond 200 nautical miles of the baselines from which the breadth of 
the territorial sea of the United States is measured.''.

SEC. 3. SCIENCE-BASED IMPROVEMENTS TO MANAGEMENT.

    (a) Harvest Level Caps.--
            (1) Mechanism.--Section 303(a) (16 U.S.C. 1853(a)) is 
        amended by striking ``and'' after the semicolon at the end of 
        paragraph (13), by striking the period at the end of paragraph 
        (14) and inserting a semicolon, and by adding at the end the 
        following:
            ``(15) provide a mechanism for specifying the total 
        allowable catch or another annual catch limit under the plan 
        (including for a multiyear plan) for each fishery for which an 
        annual catch limit can be established, that--
                    ``(A) is based on the best scientific information 
                available; and
                    ``(B) in the case of a plan issued by a Council, 
                does not exceed the acceptable biological catch level 
                recommended by the scientific and statistical committee 
                of the Council;''.
            (2) Requirement to adopt.--Section 302(h) (16 U.S.C. 
        1852(h)) is amended by striking ``and'' after the semicolon at 
        the end of paragraph (5), by striking the period at the end of 
        paragraph (6) and inserting a semicolon, and by adding at the 
        end the following:
            ``(7) adopt a total allowable catch limit or other annual 
        harvest effort control limit for each of the fisheries for 
        which such a limit can be established, after considering the 
        recommendation of the scientific and statistical committee of 
        the Council having jurisdiction over the fishery, which shall 
        not exceed the recommendation for the acceptable biological 
        catch as recommended by such scientific and statistical 
        committee; and''.
            (3) Conforming amendment.--Section 304(b)(11) (16 U.S.C. 
        1853(b)(11)) is amended by striking ``allowable biological 
        catch'' and inserting ``acceptable biological catch''.
    (b) Best Scientific Information Available.--Section 303 (16 U.S.C. 
1853) is amended by adding at the end the following:
    ``(d) Best Scientific Information Available.--The Secretary shall 
develop guidelines for the Councils to use in determining what is the 
best scientific information available. The Secretary shall base these 
guidelines on the recommendations for guidelines developed by the Ocean 
Studies Board of the National Research Council in its report titled 
`Improving the Use of the Best Scientific Information Available, 
Standard in Fisheries Management'.''.
    (c) Scientific and Statistical Committees.--Amend section 302(g)(1) 
(16 U.S.C. 1852(g)(1)) is amended by inserting ``(A)'' before ``Each 
Council'', and by adding at the end the following:
                    ``(B) Each scientific and statistical committee 
                shall provide its Council ongoing scientific advice for 
                fishery management decisions, including recommendations 
                for acceptable biological catch for each fishery under 
                the jurisdiction of the Council, and reports on stock 
                status and health, bycatch, habitat status, socio-
                economic impacts of management measures, and 
                sustainability of fishing practices.
                    ``(C) Members appointed 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) In addition to payments authorized by 
                subsection (f)(7), the Secretary may pay a stipend to 
                members of the scientific and statistical committees 
                who are not employed by the Federal Government or a 
                State government agency.
                    ``(E) A science and statistical committee shall 
                hold its meetings in conjunction with with the meetings 
                of the Council, to the extent practicable.''.
    (d) Scientific Research Priorities.--Section 302(h) (16 U.S.C. 
1852(h)) is further amended amended by adding at the end the following:
            ``(8) develop, in conjunction with the scientific and 
        statistical committee, multi-year research priorities for 
        fisheries, fisheries interactions, habitats, and other areas of 
        research that are necessary for management purposes, that 
        shall--
                    ``(A) establish priorities for 5-year periods;
                    ``(B) be updated as necessary; and
                    ``(C) be submitted to the Secretary and the 
                regional science centers of the National Marine 
                Fisheries Service for their consideration in developing 
                research priorities and budgets for the region of the 
                Council.''.
    (e) Cooperative Research Authority.--
            (1) Discretionary provisions in fishery management plans.--
        Section 303(b) (16 U.S.C. 1853(b)) is amended by striking 
        ``and'' after the semicolon at the end of paragraph (11), by 
        striking the period at the end of paragraph (12) and inserting 
        a semicolon, and by adding at the end the following:
            ``(13) include provisions to create a cooperative research 
        component including the use of commercial fishing, charter 
        fishing, or recreational fishing vessels for the gathering of 
        data on stock abundance, composition, distribution, or other 
        relevant information important for the implementation of the 
        plan;''.
            (2) Cooperative research by secretary.--Section 404 (16 
        U.S.C. 1881c) is amended by adding at the end the following:
    ``(e) Cooperative Research by Secretary.--The research program 
under subsection (a) may include cooperative research using commercial 
fishing, charter fishing, or recreational fishing vessels for the 
gathering of data on stock abundance, composition, distribution, or 
other relevant information.''.
            (3) Preserving fishing privileges.--Section 404 (16 U.S.C. 
        1881c) is further amended by adding at the end the following:
    ``(f) Preserving Fishing Privileges.--The Secretary shall ensure 
that--
            ``(1) fishing vessels participating in research activities 
        conducted pursuant to section 303(b)(13) or title IV do not 
        lose allocated fishing privileges (such as days at sea) based 
        on the research activities, unless loss of such privileges is a 
        part of the research plan under which the vessel participates; 
        and
            ``(2) catch history of a vessel during such research 
        activities at any time when the vessel is sacrificing fishing 
        time in an open season shall accrue to the vessel, unless loss 
        of such accrual is part of such research plan.''.
    (f) Regional Stock Assessments.--
            (1) In general.--Title IV (16 U.S.C. 1881 et seq.) is 
        amended by adding at the end the following:

``SEC. 408. REGIONAL STOCK ASSESSMENTS.

    ``(a) In General.--The Secretary shall conduct periodic regional 
assessments of stocks of fish.
    ``(b) Independent Review.--The Secretary shall ensure that each 
periodic assessment under this section is independently reviewed in a 
manner that--
            ``(1) will not delay the process of providing to Regional 
        Fishery Management Councils current assessments for use in 
        managing fisheries; and
            ``(2) is as transparent as possible, so that the regulated 
        community can provide input during the review process.''.
            (2) Clerical amendment.--The table of contents in the first 
        section is further amended by adding at the end of the items 
        relating to title IV the following:

``Sec. 408. Regional stock assessments.''.
            (3) Regional stock assessments and peer review.--Section 
        302(g) (16 U.S.C. 1852(g)) is amended by adding at the end the 
        following:
            ``(6) Peer review process.--
                    ``(A) The Secretary and each Council shall 
                establish a peer review process for scientific 
                information used to advise the Secretary or the 
                Council, respectively, about the conservation and 
                management of fisheries.
                    ``(B) The Secretary and each Council shall ensure 
                that the peer review process established under this 
                paragraph--
                            ``(i) to the extent practicable, will not 
                        delay the process of providing to the Council 
                        or the Secretary, respectively, current 
                        information for use in managing fisheries; and
                            ``(ii) is as transparent as possible, so 
                        that the regulated community can provide input 
                        during the review process.''.

SEC. 4. DATA COLLECTION.

    (a) Authority to Require VMS.--Section 305 (16 U.S.C. 1855) is 
amended by adding at the end the following:
    ``(j) Authority to Require VMS.--The Secretary may require, if 
requested to do so by a Council, a Vessel Monitoring System or other 
similar electronic monitoring technology for a fishery or specific 
sectors of a fishery under the jurisdiction of the Council. To the 
extent that the technology is required for enforcement or data 
collection purposes for a dedicated access privilege management system, 
the cost of such a system shall be included in the costs that are 
considered in determining the amount of any fee required under this Act 
to be paid to participate in the fishery. Any information collected 
under this subsection shall be treated as confidential and exempt from 
disclosure under section 402(b).''.
    (b) Sharing of Recreational Catch Data.--Section 402 (16 U.S.C. 
1881a) is amended by adding at the end the following:
    ``(f) Recreational Catch Data.--
            ``(1) The Secretary shall--
                    ``(A) seek to obtain from States information 
                gathered under State recreational fishing license 
                programs;
                    ``(B) work with those States that do not require a 
                recreational saltwater fishing license to determine 
                whether other recreational data sources can provide 
                adequate information about recreational fishing; and
                    ``(C) develop and implement a program for the use 
                of recreational catch data for all federally managed 
                fisheries.
            ``(2) The Secretary shall conduct the program under 
        paragraph (1)(C) in consultation with the principal State 
        officials having marine fishery management responsibility and 
        expertise.
            ``(3) The Secretary may provide financial assistance to 
        States for which no recreational saltwater license is in place 
        to develop such a license. There is authorized to be 
        appropriated to the Secretary to provide such assistance 
        $5,000,000, which shall remain available until expended.
            ``(4) The Secretary shall report to the Congress within 
        three years after the effective date of this subsection, on--
                    ``(A) the progress made in developing a program 
                under paragraph (1)(C); and
                    ``(B) whether the program has resulted in 
                significantly better data for management of 
                recreational fishing.''.
    (c) Confidentiality of Information.--
            (1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is 
        amended--
                    (A) by redesignating paragraph (2) as paragraph (4) 
                and resetting it 2 ems from the left margin;
                    (B) by striking all preceding paragraph (4), as so 
                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, 
        including confidential information, 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 for achievement of the purposes 
                of this Act, subject to a confidentiality agreement 
                between the State or commission, as appropriate, and 
                the Secretary that prohibits public disclosure of 
                confidential information relating to any person;
                    ``(C) to any State employee who is responsible for 
                fishery management plan enforcement, if the State 
                employing that employee has entered into a fishery 
                enforcement agreement with the Secretary and the 
                agreement is in effect;
                    ``(D) if 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) if 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 any other requirement 
                of this Act; or
                    ``(F) if such information is required to be 
                submitted to the Secretary for any determination under 
                a limited access program.
            ``(2) Any observer information, Vessel Monitoring System, 
        or other technology used on-board for enforcement or data 
        collection purposes, shall be confidential and shall not be 
        disclosed, except--
                    ``(A) in accordance with the requirements of 
                subparagraphs (A) through (F) of paragraph (1);
                    ``(B) 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;
                    ``(C) when such information is necessary in 
                proceedings to adjudicate observer certifications; or
                    ``(D) as authorized by any regulations issued under 
                paragraph (4) 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.
            ``(3) The Secretary may enter into a memorandum of 
        understanding with the heads of other Federal agencies for the 
        sharing of confidential information for purposes of this Act, 
        such as Vessel Monitoring System or other electronic monitoring 
        systems, if the Secretary determines there is a compelling need 
        to do so and if the heads of the other Federal agencies agree 
        to maintain the confidentiality of the information in 
        accordance with the requirements that apply to the Secretary 
        under this section.''; and
                    (C) in paragraph (3), as so redesignated, by 
                striking ``(1)(E).'' and inserting ``(2)(B).''.
            (2) Conforming amendment.--Section 404(c)(4) (16 U.S.C. 
        1881c(c)(4)) is amended by striking ``under section 401''.
            (3) Definitions.--Section 3 (16 U.S.C. 1802) is further 
        amended in subsection (a)--
                    (A) by inserting after paragraph (4) the following:
            ``(4A) 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.''; and
                    (B) 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 fish 
        processing observations, fish sampling or weighing data, vessel 
        logbook data, vessel- or fish processor-specific information 
        (including any safety, location, or operating condition 
        observations), and video, audio, photographic, or written 
        documents.''.
    (d) Socioeconomic Data Collection Activities.--Section 402 (16 
U.S.C. 1881a) is further amended by adding at the end the following:
    ``(g) Socioeconomic Data Collection.--
            ``(1) The Secretary may provide funds to Councils to carry 
        out collection of socioeconomic data, including information on 
        fishermen and fishing communities, necessary to carry out the 
        functions of the Councils.
            ``(2) To carry out this subsection there is authorized to 
        be appropriated to the Secretary, in addition to other amounts 
        authorized, $2,000,000 for each fiscal year.''.
    (e) Need for More Frequent Stock Surveys.--The Secretary of 
Commerce--
            (1) shall determine the need for more frequent surveys of 
        stocks of fish, and whether State agencies or cooperative 
        research activities can fill the data gaps identified; and
            (2) submit a report to the Congress on the current 
        activities and the needs for such surveys, by not later than 2 
        years after the date of the enactment of this Act.

SEC. 5. COUNCIL OPERATIONS AND AUTHORITIES.

    (a) Council Appointments.--Section 302(b)(2)(C) (16 U.S.C. 
1852(b)(2)(C)) is amended by inserting after the first sentence the 
following: ``A Governor may submit the names of individuals from 
academia, or other public interest areas including conservation 
organizations and the seafood consuming public, if the Governor has 
determined that each such individual is qualified under the 
requirements of subparagraph (A).''.
    (b) 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 
        the enactment of the American Fisheries Management and Marine 
        Life Enhancement Act, 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;
                    ``(H) recreational and commercial fishing 
                information including fish harvesting techniques, gear 
                types, fishing vessel types, and economics, for the 
                fisheries within each Council's jurisdiction; and
                    ``(I) other topics suggested by the Council.
            ``(2) Member training.--The training course--
                    ``(A) shall be available to both new and existing 
                Council members, staff from the regional offices and 
                regional science centers of the National Marine 
                Fisheries Service; and
                    ``(B) may be made available to committee or 
                advisory panel members as resources allow.
            ``(3) Required training.--Council members appointed after 
        the date of the enactment of the American Fisheries Management 
        and Marine Life Enhancement Act must complete the training 
        course developed under this subsection.''.
    (c) Authority to Develop Ecosystem-Based Fishery Management 
Plans.--Section 303(b) (16 U.S.C. 1853(b)) is further amended by adding 
at the end the following:
            ``(14) contain research, conservation, and management 
        measures that encompass more than one fishery and are for the 
        purpose of managing the fishery resources concerned under an 
        ecosystem-based management system;''.
    (d) Authority to Require Vessel Monitoring Systems.--Section 303 
(16 U.S.C. 1853) is further amended by adding at the end the following:
            ``(15) require a Vessel Monitoring System or other similar 
        electronic monitoring technology for the purposes of enforcing, 
        monitoring, or collecting data from a fishery or fishery 
        sector;''.
    (e) Observer Funding Clarification.--Section 303 (16 U.S.C. 1853) 
is further amended by adding at the end the following:
    ``(e) Observer Provisions.--
            ``(1) Costs.--Costs for observer coverage that is primarily 
        for the enforcement of a fishery management plan or for data 
        collection necessary for the monitoring of a fishery--
                    ``(A) shall be paid for by the Secretary; and
                    ``(B) under a limited access program, may be 
                considered as a cost to be recovered under the 
                authority of section 303A(e)(2).
            ``(2) Liability for sanctions.--A fishing vessel that is 
        required to have an observer onboard pursuant to section 
        303(b)(8), the owner or operator of such a fishing vessel, and 
        the United States shall not be liable for any sanction imposed 
        on the observer for actions of the observer in the course of 
        performance of duties as an observer.''.
    (f) Incentives.--Section 303(b) (16 U.S.C. 1853(b)) is further 
amended by adding at the end the following:
            ``(16) establish a system of incentives to reduce total 
        bycatch and seabird interaction, bycatch rates, and post-
        release mortality in fisheries under the Council's or 
        Secretary's jurisdiction, including--
                    ``(A) measures to incorporate bycatch into quotas, 
                including the establishment of collective or individual 
                bycatch quotas;
                    ``(B) measures to promote the use of gear with 
                verifiable and monitored low bycatch and seabird 
                interaction rates; and
                    ``(C) measures that, based on the best scientific 
                information available, will reduce bycatch and seabird 
                interaction, bycatch mortality, post-release mortality, 
                or regulatory discards in the fishery;''.
    (g) Habitat Areas of Particular Concern.--
            (1) Identification.--Section 303(b) (16 U.S.C. 1853(b)) is 
        further amended by adding at the end the following:
            ``(17) identify habitat areas of particular concern;''.
            (2) Definition.--Section 3 (16 U.S.C. 1802) is further 
        amended in subsection (a) by inserting after paragraph (18) the 
        following:
            ``(18A) The term `habitat area of particular concern' means 
        a discrete habitat area that is essential fish habitat and 
        that--
                    ``(A) provides important ecological functions;
                    ``(B) is sensitive to human-induced environmental 
                degradation; or
                    ``(C) is a rare habitat type.''.
    (h) Marine Protected Areas Authority.--
            (1) Discretionary authority.--Section 303(b) (16 U.S.C. 
        1853(b)) is further amended by adding at the end the following:
            ``(18) designate closed areas, seasonal closures, time/area 
        closures, gear restrictions, or other methods for limiting 
        impacts on habitat, limit bycatch impacts of gear, or limit 
        fishing impact on spawning congregations in specific geographic 
        areas;''.
            (2) Requirements.--Section 303(a) (16 U.S.C. 1853(a)) is 
        further amended by adding at the end the following:
            ``(16) with respect to any closure of an area to all 
        fisheries managed under this Act, include provisions that 
        ensure that such closure--
                    ``(A) is based on the best scientific information 
                available;
                    ``(B) includes criteria to assess the conservation 
                benefit of the closed area;
                    ``(C) establishes a timetable for review of the 
                closed area's performance that is consistent with the 
                purposes of the closed area; and
                    ``(D) 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--
                            ``(i) users of the area;
                            ``(ii) overall fishing activity;
                            ``(iii) fishery science; and
                            ``(iv) fishery and marine conservation;''.
    (i) Framework Authority.--Section 304 (16 U.S.C. 1854) is amended 
by adding at the end the following:
    ``(i) Alternative Procedural Mechanisms.--
            ``(1) In a fishery management plan or amendment, the 
        Council or Secretary, as appropriate, may develop alternative 
        procedural mechanisms to be used in lieu of plan amendments for 
        implementing conservation and management measures.
            ``(2) Such mechanisms may allow for abbreviated processes 
        for the implementation of regulations or other actions as 
        appropriate.
            ``(3) Alternative procedural mechanisms shall only be 
        approved or adopted for use in situations in which--
                    ``(A) the conservation and management measures are 
                within the scope of conservation and management 
                measures established in an existing fishery management 
                plan;
                    ``(B) otherwise applicable regulatory processes are 
                not sufficient to allow timely and efficient 
                implementation of conservation and management measures 
                in response to new information; and
                    ``(C) notice of the conservation and management 
                measures is provided appropriate to the significance of 
                the expected impacts on affected fishery resources and 
                on the participants in the fishery.
            ``(4) Any final agency action taken pursuant to the 
        alternative procedural mechanism must be promptly published in 
        the Federal Register.
            ``(5) If the alternative procedural mechanism is approved 
        by the Secretary pursuant to section 304(a), or adopted by the 
        Secretary pursuant to section 304(c) or (g) and implemented 
        through regulations, any regulation issued or other action 
        taken pursuant to the alternative procedural mechanism need not 
        comply with the rulemaking provisions of section 304(b), (c), 
        or (g) of this Act, or section 553(b) through (d) of title 5, 
        United States Code.''.
    (j) Council Meeting Notice.--
            (1) Regular and emergency meetings.--The first sentence of 
        section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
                    (A) by striking ``published in local newspapers'' 
                and inserting ``provided by any means that will result 
                in wide publicity (except that e-mail notification and 
                Web site postings alone are not sufficient)''; and
                    (B) by striking ``fishery) and such notice may be 
                given by such other means as will result in wide 
                publicity.'' and inserting ``fishery).''.
            (2) Closed meetings.--Section 302(i)(3)(B) (16 U.S.C. 
        1852(i)(3)(B)) is amended by striking ``notify local 
        newspapers'' and inserting ``provide notice by any means that 
        will result in wide publicity''.
    (k) 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''.
    (l) Council Coordination Committee.--Section 302 (16 U.S.C. 1852) 
is further amended by adding at the end the following:
    ``(l) Council Coordination Committee.--The Councils may establish a 
Council coordination committee to discuss issues of relevance to all 
Councils, including issues related to the implementation of this Act. 
The committee shall consist of the chairs, vice chairs, and executive 
directors of each of the Councils described in subsection (a)(1), or 
other Council members or staff.''.

SEC. 6. ECOSYSTEM-BASED FISHERY MANAGEMENT.

    (a) Policy.--Section 2(c) (16 U.S.C. 1851(c)) is amended by 
striking ``and'' after the semicolon at the end of paragraph (6), by 
striking the period at the end of paragraph (7) and inserting ``; 
and'', and by adding at the end the following:
            ``(8) to support and encourage efforts to understand the 
        interactions of species in the marine environment and the 
        development of ecosystem-based approaches to fisheries 
        conservation and management that will lead to better 
        stewardship and sustainability of the Nation's coastal fishery 
        resources and fishing communities.''.
    (b) Authorization of Research.--Section 404(c) (16 U.S.C. 1881c(c)) 
is amended by adding at the end the following:
            ``(5) The interaction of species in the marine environment, 
        and the development of ecosystem-based approaches to fishery 
        conservation and management that will lead to better 
        stewardship and sustainability of coastal fishery resources.''.
    (c) Regulations Defining Terms.--The Secretary of Commerce shall, 
in conjunction with the Regional Fishery Management Councils and based 
on the recommendations of the Ecosystems Principles Advisory Panel in 
the report entitled ``Ecosystem-based Fishery Management. A report to 
Congress by the Ecosystem Principles Advisory Panel'' and dated April 
1999, and after provision of notice and an opportunity for public 
comment, issue regulations that establish definitions of the terms 
``ecosystem'' and ``marine ecosystem'' for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).
    (d) 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 , 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) Identification of marine ecosystems; research plan.--
                    ``(A) In general.--Within one year after the date 
                of the publication of the study under paragraph (1), 
                the Secretary, in conjunction with the regional science 
                centers of the National Marine Fisheries Service and 
                the Councils, shall--
                            ``(i) identify specific marine ecosystems 
                        within each region for which a Council is 
                        established by section 302(a); and
                            ``(ii) develop and begin to implement 
                        regional research plans to address the 
                        information deficiencies identified by the 
                        study.
                    ``(B) Research plans.--The research plans shall 
                suggest reasonable timeliness and cost estimates for 
                the collection of the required information.
                    ``(C) Reports.--The Secretary shall report to the 
                Congress annually on the progress of the regional 
                research plans.
            ``(3) 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. 7. 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 American 
Fisheries Management and Marine Life Enhancement Act, 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.--A limited access 
system, limited access privilege, quota share, or other authorization 
established, implemented, or managed under this Act--
            ``(1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
            ``(2) may be revoked, limited, or modified at any time in 
        accordance with this Act, including revocation for failure to 
        comply with the terms of the plan or if the system is found to 
        have jeopardized the sustainability of the stock or the safety 
        of fishermen;
            ``(3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, or other 
        such limited access system authorization if it is revoked, 
        limited, or modified;
            ``(4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested by the holder; and
            ``(5) shall be considered a grant of permission to the 
        holder of the limited access privilege or quota share to engage 
        in activities permitted by such limited access privilege or 
        quota share.
    ``(c) Requirements for Limited Access Privileges.--
            ``(1) In general.--In addition to complying with the other 
        requirements of this Act, any limited access privilege program 
        to harvest fish submitted by a Council or approved by the 
        Secretary under this section shall--
                    ``(A) if established in a fishery that is 
                overfished or subject to a rebuilding plan, assist in 
                its rebuilding;
                    ``(B) if established in a fishery that is 
                determined by the Secretary or the Council to have 
                over-capacity, contribute to reducing capacity;
                    ``(C) promote--
                            ``(i) the safety of human life at sea; and
                            ``(ii) the conservation and management of 
                        the fishery;
                    ``(D) prohibit any person other than a United 
                States citizen, a corporation, partnership, or other 
                entity established under the laws of the United States 
                or any State, or a permanent resident alien, that meets 
                the eligibility and participation requirements 
                established in the program from acquiring a privilege 
                to harvest fish;
                    ``(E) specify the goals of the program;
                    ``(F) 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;
                    ``(G) include an effective system for enforcement, 
                monitoring, and management of the program, including 
                the use of observers;
                    ``(H) include an appeals process for administrative 
                review of determinations with respect to the 
                Secretary's decisions regarding administration of the 
                limited access privilege program; and
                    ``(I) 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) 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 of the 
                                management area of the relevant Council 
                                who conduct commercial or recreational 
                                fishing, fish processing, or fishery-
                                dependent support businesses within 
                                such 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 by the Council 
                                based on criteria developed by the 
                                Council that have been approved by the 
                                Secretary and published in the Federal 
                                Register.
                            ``(ii) Failure to comply with plan.--The 
                        Secretary shall deny or revoke limited access 
                        privileges for a person that were granted to a 
                        fishing community, if the person fails to 
                        comply with the requirements of the community 
                        sustainability plan approved by the relevant 
                        Council under clause (i)(IV).
                    ``(B) Participation criteria.--In developing 
                participation criteria for eligible communities under 
                this paragraph, a Council shall consider--
                            ``(i) traditional fishing or fish 
                        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, 
                        fishing vessel captains and crews, fish 
                        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 fish processing activities in the fishery.
            ``(3) 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 
                        consisting of participants in the fishery, 
                        including commercial or recreational fishing, 
                        fish processing, fishery-dependent support 
                        businesses, or fishing communities; and
                            ``(iv) develop and submit a regional 
                        fishery association plan to the Council and the 
                        Secretary for approval by the Council based on 
                        criteria developed by the Council that have 
                        been approved by the Secretary and published in 
                        the Federal Register.
                    ``(B) Failure to comply with plan.--The Secretary 
                shall deny or revoke limited access privileges for a 
                person that were granted to a fishery association, if 
                the person fails to comply with the requirements of the 
                regional fishery association plan approved by the 
                relevant Council under subparagraph (A)(iv).
                    ``(C) Participation criteria.--In developing 
                participation criteria for eligible regional fishery 
                associations under this paragraph, a Council shall 
                consider--
                            ``(i) traditional fishing or fish 
                        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, fish processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion, upon the 
                        administrative and fiduciary soundness of the 
                        association and its by-laws; and
                            ``(v) the expected effectiveness, 
                        operational transparency, and equitability of 
                        the fishery association plan.
            ``(4) 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 
                        fish processing sectors;
                            ``(iii) investments in, and dependence 
                        upon, the fishery; and
                            ``(iv) the current and historical 
                        participation of fishing communities;
                    ``(B) to the extent practicable, consider the basic 
                cultural and social framework of the fishery, 
                especially through the development of policies to 
                promote the sustained participation of small owner-
                operated fishing vessels and fishing communities that 
                depend on the fisheries, including regional or port-
                specific landing or delivery requirements;
                    ``(C) include measures to assist, when necessary 
                and appropriate, entry-level and small vessel 
                operators, captains, crew, and fishing communities 
                through set-asides of harvesting allocations, including 
                providing privileges and, where appropriate, 
                recommending the provision of economic assistance in 
                the purchase of limited access privileges to harvest 
                fish;
                    ``(D) ensure that limited access privilege holders 
                do not acquire an excessive share of the total limited 
                access privileges in the program by--
                            ``(i) establishing a maximum share, 
                        expressed as a percentage of the total limited 
                        access privileges, that a limited access 
                        privilege holder is permitted to hold, 
                        acquired, or use; and
                            ``(ii) establishing any other limitations 
                        or measures necessary to prevent an inequitable 
                        concentration of limited access privileges;
                    ``(E) establish procedures to address geographic or 
                other consolidation in both the harvesting and fish 
                processing sectors of the fishery; and
                    ``(F) authorize limited access privileges to 
                harvest fish to be held, acquired, or used by or issued 
                under the system to persons who substantially 
                participate in the fishery, as specified by the 
                Council, including, as appropriate, fishing vessel 
                owners, vessel captains, vessel crew members, fishing 
                communities, and regional fishery associations.
            ``(5) 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 referendum.--
                            ``(i) The New England Council 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. 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 American 
                        Fisheries Management and Marine Life 
                        Enhancement Act, 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.
                    ``(E) Gulf of mexico.--The provisions of section 
                407(c) of this Act shall apply in lieu of this 
                paragraph for an individual fishing quota program for 
                the Gulf of Mexico commercial red snapper fishery.
                    ``(F) Other law.--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.
            ``(6) Transferability.--In establishing a limited access 
        privilege program, a Council shall--
                    ``(A) establish a policy on the transferability of 
                limited access privilege shares (through sale or 
                lease), including a policy on any conditions that apply 
                to the transferability of limited access privilege 
                shares that is consistent with the policies adopted by 
                the Council for the fishery under paragraph (2); and
                    ``(B) establish criteria for the approval and 
                monitoring of transfers (including sales and leases) of 
                limited access privilege shares.
            ``(7) Preparation and implementation of secretarial 
        plans.--This subsection also applies to a plan prepared and 
        implemented by the Secretary under section 304(g).
            ``(8) Limitation on federal agencies and officials.--A 
        Federal agency or official may not hold, administer, or 
        reallocate an individual quota issued under a fishery 
        management plan under this section, other than the Secretary 
        and the Council having authority over the fishery for which the 
        individual quota is issued.
    ``(d) Auction and Other Programs.--In establishing a limited access 
privilege program, a Council may consider, and provide for, if 
appropriate, an auction system or other program to collect royalties 
for the initial, or any subsequent, distribution of allocations in a 
limited access privilege program if--
            ``(1) the system or program is administered in such a way 
        that the resulting distribution of limited access privilege 
        shares meets the program requirements of subsection (c)(2)(A); 
        and
            ``(2) revenues generated through such a royalty program are 
        deposited in the Limited Access System Administration Fund 
        established by section 305(h)(5)(B) and available subject to 
        annual appropriations.
    ``(e) Cost Recovery.--In establishing a limited access privilege 
program, a Council shall--
            ``(1) develop a methodology and the means to identify and 
        assess the management, data collection and analysis, and 
        enforcement programs that are directly related to and in 
        support of the program; and
            ``(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 American Fisheries 
Management and Marine Life Enhancement Act, a Council may establish--
            ``(1) a period of time after which any initial or 
        subsequent allocation of a limited access privilege shall 
        expire, or various periods for such expiration within a fishery 
        if the Council determines that variation of the periods will 
        further achievement of management goals; and
            ``(2) 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 that reserves up to 25 
        percent of any fees collected from a fishery under section 
        304(d)(2) to be used 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 American Fisheries Management 
and Marine Life Enhancement Act, shall be construed to require a 
reallocation of individual quota shares, fish processor quota shares, 
cooperative programs, or other quota programs, including sector 
allocation, under development or submitted by a Council or approved by 
the Secretary or by Congressional action before the date of enactment 
of the.''.
    (b) Fees.--Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (F) and (G), respectively;
            (2) in subparagraph (F), as so redesignated, by striking 
        ``Such fee'' and inserting ``A fee under this paragraph''; and
            (3) by striking ``(2)(A)'' and all that follows through the 
        end of subparagraph (A) and inserting the following:
            ``(2)(A) Notwithstanding paragraph (1), the Secretary shall 
        collect from a person that holds or transfers an individual 
        quota issued under a limited access system established under 
        section 303(b)(6) fees established by the Secretary in 
        accordance with this section and section 9701(b) of title 31, 
        United States Code.
            ``(B) The fees required to be established and collected by 
        the Secretary under this paragraph are the following:
                    ``(i) With respect to any initial allocation under 
                a limited access system established after the date of 
                the enactment of the American Fisheries Management and 
                Marine Life Enhancement Act, an initial allocation fee 
                in an amount, determined by the Secretary, equal to 1 
                percent of the ex-vessel value of fish authorized in 
                one year under an individual quota, that shall be 
                collected from the person to whom the individual quota 
                is first issued.
                    ``(ii) An annual fee in an amount, determined by 
                the Secretary, not to exceed 3 percent of the ex-vessel 
                value of fish authorized each year under an individual 
                quota share, that shall be collected from the holder of 
                the individual quota share.
                    ``(iii) A transfer fee in an amount, determined by 
                the Secretary, equal to 1 percent of the ex-vessel 
                value of fish authorized each year under an individual 
                quota share, that shall be collected from a person who 
                permanently transfers the individual quota share to 
                another person.
            ``(C) In determining the amount of a fee under this 
        paragraph, the Secretary shall ensure that the amount is 
        commensurate with the cost of managing the fishery with respect 
        to which the fee is collected, including reasonable costs for 
        salaries, data analysis, and other costs directly related to 
        fishery management and enforcement.
            ``(D) The Secretary, in consultation with the Councils, 
        shall promulgate regulations prescribing the method of 
        determining under this paragraph the ex-vessel value of fish 
        authorized under an individual quota share, the amount of fees, 
        and the method of collecting fees.
            ``(E) Fees collected under this paragraph from holders of 
        individual quotas in a fishery shall be an offsetting 
        collection and shall be available to the Secretary only for the 
        purposes of administering and implementing this Act with 
        respect to that fishery.''.
    (c) Conforming Amendment.--Section 304(d)(2)(F)(i), as redesignated 
by subsection (b)(1) of this section, is amended by striking ``section 
305(h)(5)(B)'' and all that follows and inserting ``section 
305(h)(5)(B).''.
    (d) Limited Access Privilege Defined.--Subsection (a) of section 3 
(16 U.S.C. 1802) is further amended by inserting after paragraph (23) 
the following:
            ``(23A) The term `limited access privilege'--
                    ``(A) means a Federal permit, issued as part of a 
                limited access system under section 303A to harvest a 
                quantity of fish that may be received or held for 
                exclusive use by a person; and
                    ``(B) includes an individual fishing quota; but
                    ``(C) does not include community development quotas 
                as described in section 305(i).''.

SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS.

    Section 311 (16 U.S.C. 1861) is amended--
            (1) by striking ``and'' after the semicolon in subsection 
        (b)(1)(A)(iv);
            (2) by inserting ``and'' after the semicolon in subsection 
        (b)(1)(A)(v);
            (3) by inserting after clause (v) of subsection (b)(1)(A) 
        the following:
                            ``(vi) access, directly or indirectly, for 
                        enforcement purposes any data or information 
                        required to be provided under this title or 
                        regulations under this title, including data 
                        from vessel monitoring systems, 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 Fisheries Enforcement Agreements.--
            ``(1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint fisheries 
        enforcement agreement with the Secretary that will authorize 
        the deputization and funding of State officers with marine 
        fisheries responsibilities to perform duties of the Secretary 
        relating to fisheries 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 fisheries 
        enforcement agreement with the requesting State.
            ``(2) Eligible state.--A State is eligible to participate 
        in the cooperative agreements under this section if it is in, 
        or bordering on, the Atlantic Ocean (including the Caribbean 
        Sea), the Pacific Ocean, the Arctic Ocean, or the Gulf of 
        Mexico.
            ``(3) Requirements.--Joint fisheries 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; and
                    ``(B) 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 fisheries 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 agreements under this subsection, 
        based upon consideration of Federal marine fisheries needs, the 
        specific marine fisheries conservation needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the mission and assist with Federal 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 American Fisheries 
        Management and Marine Life Enhancement Act, the Secretary shall 
        implement data-sharing measures to make any data required to be 
        provided by this Act from vessel monitoring systems, or similar 
        systems--
                    ``(A) directly accessible by State 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 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.''.

SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS.

    (a) North Pacific Research Plan.--Section 313 (16 U.S.C. 1862) is 
amended--
            (1) by striking subsections (a), (b), (c), and (d);
            (2) by redesignating existing subsections (e), (f), (g), 
        (h), and (i) as subsections (a), (b), (c), (d), and (e), 
        respectively; and
            (3) in subsection (c), as so redesignated--
                    (A) in paragraph (1) by striking ``North Pacific 
                Fishery Observer Fund'' and inserting ``Fishery 
                Observer Fund established under section 403(e)''; and
                    (B) in paragraph (2)(A) by striking ``303(b)(10)'' 
                and inserting ``303(b)(8)''.
    (b) Observer Program Funding.--Section 403 (16 U.S.C. 1881(b)) is 
amended by adding at the end the following:
    ``(d) Observer Program Funding Mechanism.--
            ``(1) In general.--The Secretary may establish a funding 
        mechanism to cover the cost of an observer program to monitor 
        any fishery managed under this Act or any other Act 
        administered by the Secretary, including the Northern Pacific 
        halibut fishery.
            ``(2) Form of mechanism.--
                    ``(A) The Secretary may exercise broad discretion 
                in developing a funding mechanism under this 
                subsection, which may include a system of fees, 
                payments collected from limited access privilege 
                programs, or any other cost recovery mechanism to pay 
                for--
                            ``(i) the cost of stationing observers on 
                        board fishing vessels and United States fish 
                        processors, and
                            ``(ii) the actual cost of inputting data 
                        and managing observer databases.
                    ``(B) The moneys collected under a funding 
                mechanism established under this subsection for an 
                observer program shall be--
                            ``(i) deposited into the Fishery Observer 
                        Fund established under subsection (e); and
                            ``(ii) used only for the observer program 
                        covering fisheries from which the moneys were 
                        collected.
    ``(e) Fishery Observer Fund.--
            ``(1) Establishment of fund.--There is established on the 
        books of the Treasury of the United States, a fund that shall 
        be known as the Fishery Observer Fund (in this subsection 
        referred to as the `Fund'). The Fund shall be administered by 
        the Secretary of Commerce. The Fund shall be available, subject 
        to the availability of appropriations, only to the Secretary 
        for purposes of carrying out subsection (d). The Fund shall 
        consist of all moneys deposited into in it accordance with this 
        section, plus interest on those moneys.
            ``(2) Investment of amount.--
                    ``(A) It shall be the duty of the Secretary of the 
                Treasury to invest, at the direction of the Secretary 
                of Commerce, such portion of the Fund that is not 
                currently needed for the purposes of each observer 
                program covering fisheries from which moneys were 
                collected under subsection (d).
                    ``(B) Such investments shall be in public debt 
                obligations with maturities suitable to the needs of 
                the Fund, as determined by the Secretary of Commerce. 
                Investments in public debt obligations shall bear 
                interest at rates determined by the Secretary of the 
                Treasury taking into consideration the current market 
                yield on outstanding marketable obligations of the 
                United States of comparable maturity.
            ``(3) Sale of obligation.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the 
        direction of the Secretary of Commerce at market prices.
    ``(f) Contributions.--For purposes of carrying out subsections (d) 
and (e), the Secretary may accept, solicit, receive, hold, administer, 
and use gifts, devices, contributions, and bequests. Amounts received 
under this subsection shall be deposited in the Fishery Observer Fund 
established under subsection (c).''.

SEC. 10. COMPETING STATUTES.

    (a) Required Information in Management Plans.--Section 303(a) (16 
U.S.C. 1853A)) is further amended by adding at the end the following:
            ``(17) contain information on the Council's efforts to 
        study, develop, and describe appropriate alternatives to 
        recommend courses of action;''.
    (b) Required Analysis in Management Plans.--Section 303(a)(9) (16 
U.S.C. 1853(a)(9)) is amended by striking ``describe the likely 
effects, if any, of the conservation and management measures on--'' and 
inserting ``analyze the likely effects, if any, including the 
cumulative conservation, economic, and social impacts of, the 
conservation and management measures on, and possible mitigation 
measures for--''.
    (c) Compliance With National Environmental Policy Act of 1969.--
            (1) In general.--Title III (16 U.S.C. 1851 et seq.) is 
        amended by adding at the end the following:

``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    ``Any fishery management plan, amendment to such a plan, or 
regulation implementing such a plan that is prepared in accordance with 
applicable provisions of sections 303 and 304 of this Act may be deemed 
to have been prepared in compliance with the requirements of section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) by the Secretary.''.
            (2) Clerical amendment.--The table of contents in the first 
        section is amended by adding at the end of the items relating 
        to title III the following:

``Sec. 315. Compliance with National Environmental Policy Act of 
                            1969.''.
            (3) Effect on time requirements.--Section 305(e) (16 U.S.C. 
        1855(E)) is amended by inserting ``the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the 
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.
    (d) Review of Fishery Regulations in National Marine Sanctuaries.--
Section 304 (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(j) Review of Fishery Proposed Regulations in National Marine 
Sanctuaries.--
            ``(1) The Secretary shall review any regulation proposed 
        under the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
        seq.) for the conservation or management of fish (whether or 
        not such fish are managed under a fishery management plan), or 
        for the conservation or management of essential fish habitat 
        identified under section 303.
            ``(2) A proposed regulation referred to in paragraph (1) 
        shall not take effect unless the Secretary certifies that the 
        proposed regulation--
                    ``(A) meets the national standards under section 
                301(a);
                    ``(B) is consistent with the other provisions of 
                this Act; and
                    ``(C) is consistent with any ecosystem-based 
                fishery management plan that includes the provisions 
                authorized under section 303(b)(14).''.

SEC. 11. DIMINISHED FISHERIES.

    (a) Substitution of ``Diminished'' for ``Overfished''.--
            (1) Substitution of term.--The Act is amended--
                    (A) by striking ``overfished'' each place it 
                appears (other than in subsection (a) of section 3 of 
                the Act (16 U.S.C. 1802), as amended by this Act) and 
                inserting ``diminished''; and
                    (B) in the heading for section 304(e) (16 U.S.C. 
                1854(e)) by striking ``Overfished'' and inserting 
                ``Diminished''.
            (2) Diminished defined.--Subsection (a) of section 3 (16 
        U.S.C. 1802) is further amended--
                    (A) by inserting after paragraph (8) the following:
            ``(8A) The term `diminished' means, with respect to a stock 
        of fish, that the stock is of a size that is below the natural 
        range of fluctuation associated with the production of maximum 
        sustainable yield.''; and
                    (B) by amending paragraph (29) to read as follows:
            ``(29) The term `overfishing' means a rate or level of 
        fishing mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing basis.''.
            (3) Distinguishing in reports.--Section 304(e)(1) (16 
        U.S.C. 1854(e)(1)) is amended by adding at the end the 
        following: ``The report shall distinguish between fisheries 
        that are diminished (or approaching that condition) as a result 
        of fishing and fisheries that are diminished (or approaching 
        that condition) as a result of factors other than fishing. The 
        report shall state, for each fishery identified as diminished 
        or approaching that condition, whether the fishery is the 
        target of directed fishing.''.
    (b) Duration of Measures to Rebuild Diminished Fisheries.--Section 
304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is amended to read as 
follows:
                            ``(ii) not exceed 10 years, except in cases 
                        where--
                                    ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                    ``(II) the Secretary determines 
                                that such 10-year period should be 
                                extended because the cause of the 
                                fishery decline is outside the 
                                jurisdiction of the Council or the 
                                rebuilding program cannot be effective 
                                only by limiting fishing activities;
                                    ``(III) the Secretary determines 
                                that such 10-year period should be 
                                extended for one or more diminished 
                                components of a multi-species fishery; 
                                or
                                    ``(IV) the Secretary makes 
                                substantial changes to the rebuilding 
                                targets after the rebuilding plan has 
                                been put in place.''.

SEC. 12. NEW PROHIBITED ACTS.

    (a) Prohibition on Sale or Purchase of Recreational Catch.--Section 
307 (16 U.S.C. 1857) is amended by striking ``and'' after the semicolon 
at the end of paragraph (4), by striking the period at the end of 
paragraph (5) and inserting ``; and'', and by adding at the end the 
following:
            ``(6) to sell or purchase any fish caught in recreational 
        fishing.''.
    (b) Prohibition on Use of Retired Vessel.--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; or''; and
            (3) by inserting after subparagraph (P) and before the last 
        sentence the following:
                    ``(R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the high seas 
                or the waters of another country, after the Secretary 
                has made a payment to the owner of that fishing vessel 
                under section 312(b)(2).''.

SEC. 13. FISHERY FAILURES.

    Section 312(a) (16 U.S.C. 1361a) is amended by striking 
``commercial fishery'' each place it appears and inserting ``fishery''.

SEC. 14. EMERGENCY REGULATIONS.

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

SEC. 15. BYCATCH AND SEABIRD INTERACTIONS.

    (a) Gear Grant Program.--Title IV (1 U.S.C. 1881 et seq.) is 
further amended by adding at the end the following:

``SEC. 409. GEAR GRANT PROGRAM.

    ``(a) Identification of Fisheries With Most Urgent Problems.--The 
Secretary shall--
            ``(1) identify those fisheries included in a list under 
        subsection (a) that have the most urgent bycatch problems or 
        seabird interaction problems, based on comments received 
        regarding the list; and
            ``(2) work in conjunction with the Councils and fishing 
        industry participants to develop new fishing gear, or 
        modifications to existing fishing gear, that will help minimize 
        bycatch and seabird interactions to the extent practicable.
    ``(b) Grant Authority.--The Secretary shall, subject to the 
availability of appropriations, make grants for the development of 
fishing gear and modifications to existing fishing gear that will 
help--
            ``(1) minimize bycatch and seabird interactions; and
            ``(2) minimize adverse fishing gear impacts on habitat 
        areas of particular concern.
    ``(c) Report.--The Secretary shall report to the Congress annually 
on--
            ``(1) the amount expended to implement this section in the 
        preceding year;
            ``(2) developments in gear technology achieved under this 
        section;
            ``(3) the reductions in bycatch associated with 
        implementation of this section; and
            ``(4) any other relevant information.
    ``(d) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $10,000,000 for 
each of fiscal years 2007 through 2011.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by adding at the end of the items relating to title IV the 
following:

``Sec. 409. Bycatch identification and gear grant program.''.
    (c) Report.--The Secretary of Commerce shall report to the Congress 
within one year after the date of the enactment of this Act on--
            (1) the extent of the problem of seabird interaction with 
        fisheries of the United States;
            (2) efforts by the fishing industry and Regional Fishery 
        Management Councils to address that problem; and
            (3) the extent of the problem of seabird interaction with 
        fisheries other than the fisheries of the United States.
    (d) International Action.--The Secretary of Commerce shall take 
appropriate action at appropriate international fisheries management 
bodies to reduce seabird interactions in fisheries.

SEC. 16. OVER CAPITALIZATION.

    (a) Discretion of Secretary to Conduct Fishing Capacity Reduction 
Program.--Section 312(b) (16 U.S.C. 1861a(b)) is amended--
            (1) in paragraph (1) by striking ``, at the request of the 
        appropriate Council for fisheries under the authority of such 
        Council, or the Governor of a State for fisheries under State 
        authority,'';
            (2) in paragraph (1), by inserting ``that is managed under 
        a limited access system authorized by section 303(b)(6),'' 
        after ``in a fishery''; and
            (3) by redesignating paragraph (4) as paragraph (5), and by 
        inserting after paragraph (3) the following:
    ``(4) The Council, or the Governor of a State, having authority 
over a fishery may request the Secretary to conduct a fishing capacity 
reduction program in the fishery under this subsection.''.
    (b) Requirement to Surrender All Permits.--Section 312(b)(2) (16 
U.S.C. 1861a(b)(2)) is amended to read as follows:
    ``(2)(A) The objective of the program shall be to obtain the 
maximum sustained reduction in fishing capacity at the least cost and 
in a minimum period of time.
            ``(B) To achieve that objective, the Secretary is 
        authorized to pay an amount to the owner of a fishing vessel, 
        if--
                    ``(i) such vessel is scrapped, or through the 
                Secretary of the department in which the Coast Guard is 
                operating, subjected to title restrictions that 
                permanently prohibit and effectively prevent its use in 
                fishing;
                    ``(ii) all permits authorizing the participation of 
                the vessel in any fishery under the jurisdiction of the 
                United States are surrendered for permanent revocation; 
                and
                    ``(iii) the owner of the vessel and such permits 
                relinquishes any claim associated with the vessel and 
                such permits that could qualify such owner for any 
                present or future limited access system permit in the 
                fishery for which the program is established.''.
    (c) Ensuring Vessels Do not Enter Foreign or High Seas Fisheries.--
Section 312(b) (16 U.S.C. 1861a(b)) is further amended by adding at the 
end the following:
    ``(6) The Secretary may not make a payment under paragraph (2) with 
respect to a vessel that will not be scrapped, unless the Secretary 
certifies that the vessel will not be used for any fishing, including 
fishing in the waters of a foreign nation and fishing on the high 
seas.''.
    (d) Report.--
            (1) In general.--The Secretary shall, within 12 months 
        after the date of the enactment of this Act, submit to the 
        Congress a report--
                    (A) identifying and describing the 20 fisheries in 
                United States waters with the most severe examples of 
                excess harvesting capacity in the fisheries, based on 
                value of each fishery and the amount of excess 
                harvesting capacity as determined by the Secretary;
                    (B) recommending measures for reducing such excess 
                harvesting capacity, including the retirement of any 
                latent fishing permits that could contribute to further 
                excess harvesting capacity in those fisheries; and
                    (C) potential sources of funding for such measures.
            (2) Basis for recommendations.--The Secretary shall base 
        the recommendations made with respect to a fishery on--
                    (A) the most cost effective means of achieving 
                voluntary reduction in capacity for the fishery using 
                the potential for industry financing; and
                    (B) including measures to prevent the capacity that 
                is being removed from the fishery from moving to other 
                fisheries in the United States, in the waters of a 
                foreign nation, or in the high seas.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--Section 4 (16 U.S.C. 1803) is amended by 
striking paragraphs (1) through (4) and inserting the following:
            ``(1) $338,970,000 for fiscal year 2007.
            ``(2) $366,087,000 for fiscal year 2008.
            ``(3) $395,374,000 for fiscal year 2009.
            ``(4) $427,604,000 for fiscal year 2010.
            ``(5) $461,812,000 for fiscal year 2011.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.''.
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