I 

109TH CONGRESS 

2D SESSION H. R. 4940 

To amend the Magnuson-Stevens Fishery Conservation and Management Act, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2006 

Mr. FRANK of Massachusetts (for himself and Mr. TIERNEY) introduced the 

following bill; which was referred to the Committee on Resources 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fishery Management Amendments of 2006’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Management Act. 

Sec. 3. Rebuilding depleted fisheries. 

Sec. 4. Economic and social impacts of fishery management actions. 

Sec. 5. Improvements in fishery science and research. 

Sec. 6. Fishing safety. 


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Sec. 7. Bycatch. 

Sec. 8. Capacity reduction. 

Sec. 9. Individual fishing quotas. 

Sec. 10. Compliance with National Environmental Policy Act of 1969. 

Sec. 11. Grants for construction or repair of wharves and related facilities. 

Sec. 12. Fishery science education program. 

Sec. 13. Authorization of Appropriations. 

1 SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

2 CONSERVATION AND MANAGEMENT ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

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

7 section or other provision of the Magnuson-Stevens Fish8 ery Conservation and Management Act (16 U.S.C. 1801 

9 et seq.). 

10 SEC. 3. REBUILDING DEPLETED FISHERIES. 

11 (a) TREATMENT OF STOCKS AS DEPLETED; PREVEN12 TION OF UNSUSTAINABLE FISHING.— 

13 (1) DEFINITIONS.—Section 3 (16 U.S.C. 1802) 

14 is amended— 

15 (A) by striking paragraph (29); 

16 (B) by redesignating the last paragraph 

17 (relating to the definition of ‘‘waters of a for18 eign nation’’) as paragraph (46); and 

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

20 ‘‘(47) The term ‘depleted’ means, with respect 

21 to a stock of fish, that, based on the best scientific 

22 information available, the stock of fish is below 50 


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1 percent of the population level that is necessary to 

2 produce maximum sustainable yield for the stock of 

3 fish on a continuing basis. 

4 ‘‘(48) The term ‘unsustainable fishing’ means, 

5 with respect to a stock of fish, a rate of fishing mor6 tality that, based on the best scientific information 

7 available, is likely, if such rate is maintained, to re8 sult over time in a reduction in the stock of fish 

9 below a population level that is consistent with pro10 ducing maximum sustainable yield for the stock of 

11 fish on a continuing basis.’’. 

12 (2) SUBSTITUTION OF TERMS.—The Magnuson13 Stevens Fishery Conservation and Management Act 

14 is amended— 

15 (A) by striking ‘‘overfished’’ each place it 

16 appears and inserting ‘‘depleted’’; 

17 (B) by striking ‘‘OVERFISHED’’ each place 

18 it appears and inserting ‘‘DEPLETED’’; and 

19 (C) by striking ‘‘overfishing’’ each place it 

20 appears and inserting ‘‘unsustainable fishing’’. 

21 (b) ENSURING SCIENTIFIC DETERMINATIONS OF DE22 PLETED CONDITIONS.—Section 304(e)(1) (16 U.S.C. 

23 1854(e)(1)) is amended by adding at the end the fol24 lowing: ‘‘All determinations by the Secretary under this 

25 subsection that a fishery is depleted or approaching a conVerDate Aug 31 2005 01:56 Mar 14, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4940.IH H4940

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1 dition of being depleted shall be based on the best sci2 entific information available, shall be subject to peer re3 view in accordance with section 404(d), and shall include 

4 an explanation of the cause or causes of the depleted con5 dition of the fishery’’. 

6 (c) REBUILDING FLEXIBILITY.—Section 304(e) (16 

7 U.S.C. 1854(e)) is amended— 

8 (1) in paragraph (4)(A)(ii) by inserting after 

9 ‘‘other environmental conditions,’’ the following: ‘‘a 

10 need to alleviate a projected significant negative eco11 nomic impact on fishing communities (subject to the 

12 requirements in paragraph (10)),’’; 

13 (2) in paragraph (4) by striking ‘‘and’’ after 

14 the semicolon at the end of subparagraph (B), by 

15 striking the period at the end of subparagraph (C) 

16 and inserting ‘‘; and’’, and by adding at the end the 

17 following: 

18 ‘‘(D) for a multispecies fishery in which 

19 more than one stock of fish within the fishery 

20 is subject to a fishery management plan, plan 

21 amendment, regulation, or proposed regulation 

22 pursuant to paragraph (3) or (5), provide that 

23 the rebuilding deadline may be extended for an 

24 individual stock of fish within the fishery sub25 ject to the management measures in such plan, 


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1 amendment, or regulation, for an additional 

2 time period that is not longer than the time pe3 riod specified for the fishery under subpara4 graph (A), if— 

5 ‘‘(i) such stock is not projected to be 

6 rebuilt at the conclusion of the time period 

7 specified under subparagraph (A); 

8 ‘‘(ii) taking into account the biology 

9 of the several stocks of fish in the multi10 species fishery— 

11 ‘‘(I) the aggregate average popu12 lation for all of the stocks of fish in 

13 the multispecies fishery that are sub14 ject to the management measures is 

15 projected, under a formula established 

16 by the Secretary in accordance with 

17 paragraph (8), to remain at a level 

18 that is consistent with producing max19 imum sustainable yield on a con20 tinuing basis; and 

21 ‘‘(II) no individual stock of fish 

22 that is subject to the management 

23 measures is depleted or projected to 

24 be depleted; and 


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1 ‘‘(iii) the Secretary, taking into ac2 count the biology of the stock of fish for 

3 which the deadline is extended, certifies 

4 that such stock of fish is projected, using 

5 the best scientific information available, to 

6 continue rebuilding.’’; and 

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

8 ‘‘(8) The Secretary shall issue a regulation that 

9 establishes the formula for calculating the aggregate 

10 average of all stocks of fish in a multispecies fishery 

11 for purposes of paragraph (4)(D). The Secretary 

12 shall provide an opportunity for submission of public 

13 comment on such formula for a 6-month period. The 

14 formula shall be based on the best scientific informa15 tion available, and shall take into account the rel16 ative sizes of the populations of the various stocks 

17 of fish in the fishery. The Secretary shall ensure 

18 that any finding, based on such formula, as to 

19 whether a multispecies fishery is rebuilt shall be sub20 ject to peer review in accordance with section 404. 

21 ‘‘(9) The Secretary may extend the rebuilding 

22 time period under paragraph (4)(A)(ii), if— 

23 ‘‘(A) the biomass rebuilding target is sub24 stantially increased during the rebuilding pe25 riod; 


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1 ‘‘(B) the extension will apply only to those 

2 species for which the new biomass targets ex3 ceed the targets in the existing plan; 

4 ‘‘(C) the extension does not exceed 10 

5 years; and 

6 ‘‘(D) the best scientific information avail7 able shows that the extension will allow contin8 ued rebuilding and completion of rebuilding by 

9 the end of the extension. 

10 ‘‘(10) The Secretary may extend the rebuilding 

11 time period under paragraph (4)(A)(ii) to alleviate 

12 projected significant negative economic impact on 

13 fishing communities, if— 

14 ‘‘(A) the determination of economic impact 

15 has been subject to peer review in accordance 

16 with section 404; 

17 ‘‘(B) the best scientific information avail18 able shows that rebuilding will be achieved in 

19 no more than twice the number of years of the 

20 original rebuilding period; and 

21 ‘‘(C) the best scientific information avail22 able shows that the extension will allow contin23 ued rebuilding and completion of rebuilding by 

24 the end of the extension. 


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1 ‘‘(11) The Secretary or the Council may, during 

2 a rebuilding period, amend a rebuilding plan to allow 

3 an increase in the rate of harvest of the depleted 

4 stock of fish concerned, if— 

5 ‘‘(A) the Secretary determines during the 

6 rebuilding period that the depleted stock of fish 

7 is rebuilding at a significantly faster rate than 

8 the rate that was projected at the beginning of 

9 the rebuilding period; and 

10 ‘‘(B) the best scientific information avail11 able shows that the increased rate will allow 

12 continued rebuilding and completion of rebuild13 ing by the end of the rebuilding period.’’. 

14 (d) CONSIDERATION OF ENVIRONMENTAL CONDI15 TIONS AND NATURAL FLUCTUATIONS.—Section 304(e)(1) 

16 (16 U.S.C. 1854(e)(1)) is further amended by inserting 

17 ‘‘environmental conditions, natural biological fluctua18 tions,’’ after ‘‘fishery resource size,’’. 

19 (e) ACTIONS FOLLOWING DETERMINATION OF DE20 PLETED STATE.—Section 304(e) (16 U.S.C. 1854(e)) is 

21 further amended— 

22 (1) in paragraph (2) by striking the first sen23 tence and inserting the following: ‘‘(A) If the Sec24 retary determines at any time that a fishery is de25 pleted, and that unsustainable fishing is a cause of 


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1 the depleted state of the fishery, the Secretary shall 

2 immediately notify the appropriate Council and re3 quest that action be taken to end unsustainable fish4 ing in the fishery in a manner consistent with sec5 tion 304(e)(3) and to implement conservation and 

6 management measures to rebuild affected stocks of 

7 fish.’’; 

8 (2) by adding at the end of paragraph (2) the 

9 following: 

10 ‘‘(B) If the Secretary determines that environ11 mental conditions or other factors not directly re12 lated to fishing have contributed to the depleted 

13 state of the fishery, the Secretary— 

14 ‘‘(i) shall immediately notify the appro15 priate Council and may request that action be 

16 taken to end unsustainable fishing in the fish17 ery in a manner consistent with section 

18 304(e)(3) and to implement conservation and 

19 management measures to rebuild the fishery; 

20 and 

21 ‘‘(ii) shall consult with the Administrator 

22 of the Environmental Protection Agency or 

23 other appropriate Federal Government officials 

24 on additional methods of alleviating such condi25 tions or factors.’’; 


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1 (3) in paragraph (3) by striking ‘‘or’’ after the 

2 semicolon at the end of subparagraph (A), by strik3 ing the period at the end of subparagraph (B) and 

4 inserting ‘‘; or’’ and by adding at the end the fol5 lowing: 

6 ‘‘(C) coordinate other actions to alleviate 

7 the depleted condition of the fishery with other 

8 Federal Government officials.’’; 

9 (4) in paragraph (4)— 

10 (A) in the matter preceding subparagraph 

11 (A) by striking ‘‘shall’’; 

12 (B) in each of subparagraphs (A), (B), and 

13 (C) by inserting ‘‘shall’’ after the subparagraph 

14 designation; and 

15 (C) by striking ‘‘and’’ after the semicolon 

16 at the end of subparagraph (B), by striking the 

17 period at the end of subparagraph (C) and in18 serting ‘‘and’’, and by adding at the end the 

19 following: 

20 ‘‘(D) may temporarily permit fishing dur21 ing a rebuilding period at rates that, if such 

22 temporary rates were maintained until the end 

23 of the rebuilding period, could result in rebuild24 ing not being completed by the end of the re25 building period, if the mortality rates associated 


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1 with such temporary rates (and any adjust2 ments to such mortality rates that are required 

3 pursuant to fishery management measures 

4 adopted during the rebuilding period) are pro5 jected to produce continued rebuilding and lead 

6 to a completion of rebuilding by the end of the 

7 rebuilding period (or the end of any extension 

8 of the rebuilding period under paragraph (9) or 

9 (10)).’’; 

10 (5) in paragraph (5) by striking ‘‘the Secretary 

11 shall prepare’’ and all that follows through the end 

12 of the sentence and inserting ‘‘the Secretary shall, 

13 within 9 months after the end of such one-year pe14 riod, prepare under subsection (c) a fishery manage15 ment plan or plan amendment and any accom16 panying regulations that may be necessary to rebuild 

17 affected stocks of fish, including, if necessary, meas18 ures to stop, or reduce the rate of, unsustainable 

19 fishing.’’; 

20 (6) in paragraph (6) by striking the last sen21 tence; and 

22 (7) in paragraph (7) in the second sentence by 

23 striking ‘‘ending overfishing and’’. 


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1 SEC. 4. ECONOMIC AND SOCIAL IMPACTS OF FISHERY MAN2 AGEMENT ACTIONS. 

3 (a) RESTORING BALANCE BETWEEN NATIONAL

4 STANDARDS ON UNSUSTAINABLE FISHING AND ECO5 NOMIC IMPACT.—Section 301 (16 U.S.C. 1851) is amend6 ed by adding at the end the following: 

7 ‘‘(c) RULE OF CONSTRUCTION REGARDING NA8 TIONAL STANDARD (8).—Paragraph (8) of subsection (a) 

9 shall be construed to be of equal importance as the other 

10 paragraphs of subsection (a). The Secretary shall ensure 

11 that paragraph (8) of subsection (a)— 

12 ‘‘(1) is applied to the same extent as the other 

13 paragraphs of subsection (a); and 

14 ‘‘(2) is given consideration that is substantially 

15 the same as the consideration given to the other 

16 paragraphs of subsection (a), with respect to all fish17 ery management plans, decisions, and actions under 

18 this Act.’’. 

19 (b) CUMULATIVE ECONOMIC AND SOCIAL IMPACT.— 

20 Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended by 

21 inserting after ‘‘the importance of fishery resources to 

22 fishing communities’’ the following: ‘‘and the cumulative 

23 economic and social impact of fishery conservation and 

24 management measures on such communities’’. 

25 (c) REQUIRED PROVISIONS OF FISHERY MANAGE26 MENT PLANS.—Section 303(a)(9) (16 U.S.C. 1853(a)(9)) 


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1 is amended by inserting before the semicolon the following: 

2 ‘‘, including the likely economic and social impacts of the 

3 plan or amendment on the affected participants and fish4 ing communities’’. 

5 (d) AMENDMENT TO DEFINITION OF FISHING COM6 MUNITY.—Section 3(16) (16 U.S.C. 1802(16)) is amend7 ed— 

8 (1) by striking ‘‘and crew’’ and inserting 

9 ‘‘crew’’; and 

10 (2) by inserting ‘‘, and other shore side busi11 nesses that have substantial involvement in the fish12 ing industry,’’ after ‘‘processors’’. 

13 (e) FISHING INDUSTRY HEALTH CARE COVERAGE

14 DEMONSTRATION PROGRAM.— 

15 (1) GRANTS PROGRAM AUTHORIZED.—The Sec16 retary shall carry out a program of grants in accord17 ance with this subsection to organizations for plan18 ning, implementation, and administration of quali19 fying health care coverage programs that provide 

20 benefits to individuals who are employed in the fish21 ing industry (and their families), and— 

22 (A) who are in general ineligible for exist23 ing health care coverage programs because of 

24 the sporadic and transient nature of employ25 ment opportunities in the fishing industry; 


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1 (B) whose ability to acquire health care 

2 coverage is negatively affected by the nature of 

3 the fishing industry or fishery management ac4 tions; or 

5 (C) whose ability to acquire health care 

6 coverage is negatively affected by a natural dis7 aster that has a harmful economic impact on 

8 commercial fishing. 

9 (2) GRANT PROGRAM REQUIREMENTS.—The 

10 Secretary shall award grants under this sub11 section— 

12 (A) on a competitive basis; 

13 (B) after consultation with government of14 ficials or representatives of organizations who 

15 are familiar with the commercial fishing indus16 try in the affected area; 

17 (C) according to the terms and limits de18 scribed in paragraphs (4), (5), and (6), except 

19 that grants that are awarded under paragraphs 

20 (5) and (6) shall include a requirement for non21 Federal matching funds equal to 40 percent of 

22 the grant amount; 

23 (D) to programs in no more than 10 

24 States, and to no more than one such program 


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1 in each State, except as provided in paragraph 

2 (7); 

3 (E) pursuant to such application proce4 dures as the Secretary may require; and 

5 (F) subject to any review, financial stand6 ards, or other requirements the Secretary may 

7 establish to ensure compliance with the pur8 poses of the grants on an ongoing basis. 

9 (3) QUALIFIED HEALTH INSURANCE PRO10 GRAM.—A program shall be considered a qualifying 

11 health care coverage programs under this subsection 

12 if the program— 

13 (A) is administered by a non-profit fishing14 related organization with an independent board 

15 of directors that includes commercial fishing in16 dustry representatives; 

17 (B) provides high quality, affordable, pre18 ventive health care coverage to individuals de19 scribed in paragraph (1); 

20 (C) provides health care on a sliding scale 

21 premium rate structure that includes provisions 

22 that, for the purposes of determining rates, 

23 take into account the economic conditions of the 

24 fishing industry in the program’s service area, 


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1 and the condition of the fish stocks that are im2 portant to the fishing industry in such area; 

3 (D) provides ongoing enrollment, outreach, 

4 and other activities to expand the program’s 

5 coverage; and 

6 (E) establishes a reserve fund, maintains 

7 aggregate and specific reinsurance coverage, 

8 and meets any other risk management controls 

9 and financial standards required by the Sec10 retary. 

11 (4) PROGRAM PLANNING GRANTS.—The Sec12 retary may award grants, up to a maximum amount 

13 of $100,000 per year for no more than two years, 

14 to organizations to conduct initial research and plan15 ning for the development of a qualifying health care 

16 coverage program. Any grantee under this para17 graph shall— 

18 (A) conduct a demographic survey of the 

19 affected State’s fishing industry and such in20 dustry’s health care needs; 

21 (B) develop a strategic plan for implemen22 tation of a qualifying health care coverage pro23 gram within the affected State, including a de24 tailed financial plan; and 


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1 (C) transmit to the Secretary the informa2 tion described in subparagraphs (A) and (B), 

3 and any other information and assurances that 

4 may be required by the Secretary. 

5 (5) PROGRAM IMPLEMENTATION GRANTS.—The 

6 Secretary may award grants, up to a maximum 

7 amount of $2,000,000 per year for no more than 

8 two years, to an organization for initial implementa9 tion of qualifying health care coverage programs 

10 that are developed with a grant under paragraph (4) 

11 (or that are developed through other sources of 

12 funds, regardless of whether such implementation 

13 occurred prior to enactment of this paragraph), if, 

14 pursuant to review, application requirements, and 

15 other standards established by the Secretary, such 

16 organizations— 

17 (A) satisfactorily complete the actions de18 scribed in subparagraphs (A), (B), and (C) of 

19 paragraph (4); and 

20 (B) demonstrate the capability to success21 fully implement a qualifying program. 

22 (6) ADMINISTRATION OF PROGRAMS.—The Sec23 retary may award grants, up to a maximum amount 

24 of $3,000,000 per year for no more than five years, 

25 to organizations for administration of programs that 


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1 are implemented by means of grants awarded under 

2 paragraph (5) (or that are implemented through 

3 other sources of funds, regardless of whether such 

4 implementation occurred prior to enactment of this 

5 paragraph), if, pursuant to review, application re6 quirements, and other standards established by the 

7 Secretary, such organizations— 

8 (A) satisfactorily complete the actions de9 scribed in paragraph (5); and 

10 (B) demonstrate the capability to success11 fully administer a qualifying health care cov12 erage program. 

13 (7) EXTENDED GRANT ELIGIBILITY.—The Sec14 retary may provide grants, up to a maximum of 

15 $3,000,000 per year, to organizations that have been 

16 previously awarded grants for 5 years under para17 graph (6), for continued implementation of a quali18 fying health care coverage program, if, pursuant to 

19 regulations issued by the Secretary, the economic 

20 conditions of the fishing industry in the program’s 

21 service area, or the condition of the fish stocks that 

22 are important to the fishing industry in such area, 

23 jeopardize the ability of such programs to continue 

24 providing affordable health care coverage. 

25 (8) MULTISTATE PROGRAMS.— 


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1 (A) Notwithstanding the limitations in 

2 subparagraph (2)(D), the Secretary may award 

3 grants under this subsection for the establish4 ment of a multistate qualifying health care cov5 erage program to consortiums of organizations 

6 located in more than one State. 

7 (B) A multistate program shall be consid8 ered as a single program under paragraph 

9 (2)(D). 

10 (C) The Secretary may increase the fund11 ing limits in paragraphs (4), (5), and (6), tak12 ing into account the size of the population to be 

13 served by such program. 

14 (9) THIRD-PARTY CONTRACT AUTHORITY.—Or15 ganizations that are awarded grants under this sub16 section may contract with third parties to conduct 

17 the activities described in paragraphs (5) and (6). 

18 (10) AUTHORIZATION OF APPROPRIATIONS.—In 

19 addition to the other amounts authorized by this 

20 Act, for grants under this section there are author21 ized to be appropriated to the Secretary the fol22 lowing sums: 

23 (A) $5,000,000 for fiscal year 2007. 

24 (B) $5,000,000 for fiscal year 2008. 

25 (C) $10,000,000 for fiscal year 2009. 


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1 (D) $10,000,000 for fiscal year 2010. 

2 (E) $20,000,000 for fiscal year 2011. 

3 (f) STUDY OF BENEFITS FOR INDIVIDUALS EM4 PLOYED IN THE FISHING INDUSTRY.— 

5 (1) IN GENERAL.—The Secretary of Commerce 

6 shall conduct a study of the options for, and the fea7 sibility of, establishing programs to provide economic 

8 benefits, including pensions, to crewmembers and 

9 other individuals employed in the fishing industry 

10 and members of their families— 

11 (A) who are in general ineligible for exist12 ing programs that provide such benefits because 

13 of the sporadic nature of employment opportu14 nities in the fishing industry; or 

15 (B) whose benefits are negatively affected 

16 by the nature of the fishing industry of fishery 

17 management actions. 

18 (2) REPORT.—The Secretary shall submit a re19 port submit a report to the Congress by not later 

20 than 2 years after the date of the enactment of this 

21 Act on the findings, conclusions, and recommenda22 tions of the study under this subsection. 


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1 SEC. 5. IMPROVEMENTS IN FISHERY SCIENCE AND RE2 SEARCH. 

3 (a) BEST SCIENTIFIC INFORMATION AVAILABLE DE4 FINED.—Section 3 (16 U.S.C. 1802) is further amended 

5 by adding at the end the following: 

6 ‘‘(49) The term ‘best scientific information 

7 available’— 

8 ‘‘(A) means information that— 

9 ‘‘(i) is directly related to the specific 

10 matter under consideration; 

11 ‘‘(ii) is based on a statistically valid 

12 sample; 

13 ‘‘(iii) has undergone an independent 

14 peer review process, that is carried out in 

15 accordance with peer review requirements 

16 (if any) that apply under this Act to such 

17 consideration; 

18 ‘‘(iv) has been collected within a time 

19 frame that is reasonably related to the spe20 cific matter under consideration; 

21 ‘‘(v) is based on information that is 

22 reasonably reflective of the present status 

23 of the fishery to which it relates, and does 

24 not rely substantially on data from pre25 vious time periods for which fish abun26 dance estimates are primarily anecdotal, or 


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1 data that is of unknown reliability given 

2 the technology and scientific knowledge 

3 during such periods; 

4 ‘‘(vi) is developed through reasonably 

5 transparent processes in which scientific 

6 findings, and the analyses that produced 

7 such findings, are available to the public, 

8 subject to regulations issued by the Sec9 retary; and 

10 ‘‘(vii) takes into account to the extent 

11 possible the movement between habitat 

12 areas of different stocks of the same spe13 cies; 

14 ‘‘(B) takes into account significant eco15 nomic and social impacts, including cumulative 

16 economic and social impacts; 

17 ‘‘(C) may include information obtained by 

18 scientifically valid research that is conducted in 

19 cooperation between the Department of Com20 merce and a person that is not an officer or 

21 employee of the Department, or by a person 

22 other than an officer or employee of the De23 partment; 

24 ‘‘(D) may include, but may not be limited 

25 to, landing data, sales and auction data, and 


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1 anecdotal information collected during the har2 vesting and processing of fish; and 

3 ‘‘(E) shall to the extent practicable include 

4 more than one scientific model.’’. 

5 (b) PEER REVIEW OF STOCK ASSESSMENTS AND

6 ECONOMIC AND SOCIAL ANALYSIS.— 

7 (1) SCIENTIFIC REVIEW COMMITTEES.—Section 

8 302(g) (16 U.S.C. 1852(g)) is amended by adding 

9 at the end the following: 

10 ‘‘(6)(A) Each Council shall establish a scientific 

11 review committee which shall, with respect to fish12 eries under the Council’s jurisdiction, conduct an 

13 independent peer review of the scientific research 

14 findings that are the basis for each new stock as15 sessment used to develop a fishery management 

16 plan, significant substantive amendment to such a 

17 plan, or other significant substantive fishery man18 agement action under this Act. 

19 ‘‘(B) The findings of any peer review conducted 

20 under this paragraph shall be included in any rel21 evant documents that are made available to the pub22 lic with respect to the matter that is reviewed. 

23 ‘‘(C) A committee established under this para24 graph by a Council shall, at a minimum, consist 

25 of— 


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1 ‘‘(i) at least one member from each of the 

2 committees established under paragraphs (1) 

3 and (3) by the Council, of whom at least one 

4 shall be a member who is not affiliated with the 

5 persons who wrote or prepared the scientific in6 formation reviewed by the committee; and 

7 ‘‘(ii) such other members as the Council 

8 (excluding the persons who wrote or prepared 

9 the scientific information reviewed by the com10 mittee) considers appropriate.’’. 

11 (2) ECONOMIC AND SOCIAL IMPACT REVIEW

12 COMMITTEES.—Section 302(g) (16 U.S.C. 1852(g)) 

13 is further amended by adding at the end the fol14 lowing: 

15 ‘‘(7)(A) Each Council shall establish an eco16 nomic and social impact review committee which 

17 shall, with respect to fisheries under the Council’s 

18 jurisdiction, conduct an independent peer review of 

19 the economic and social impacts associated with a 

20 fishery management plan, significant substantive 

21 amendment to such plan, or other significant sub22 stantive fishery management action under this Act. 

23 ‘‘(B) The findings of any peer review conducted 

24 under this paragraph shall be included in any relVerDate Aug 31 2005 01:56 Mar 14, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4940.IH H4940

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1 evant documents that are made available to the pub2 lic with respect to the matter that is reviewed. 

3 ‘‘(C) The membership of a committee estab4 lished under this paragraph by a Council— 

5 ‘‘(i) may include members of other commit6 tees established by the Council; 

7 ‘‘(ii) may include such other members as 

8 the Council (other than the persons who wrote 

9 or prepared the economic and social information 

10 reviewed by the committee) considers appro11 priate; and 

12 ‘‘(iii) shall include at least one member 

13 who is not affiliated with the persons who wrote 

14 or prepared the economic and social information 

15 reviewed by the committee.’’. 

16 (c) INDEPENDENT PEER REVIEW.—Section 404 (16 

17 U.S.C. 1881c) is amended by adding at the end the fol18 lowing: 

19 ‘‘(d) INDEPENDENT PEER REVIEW.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

21 that there is conducted an independent peer review 

22 of the scientific research findings that are the basis 

23 for each new stock assessment used to develop a 

24 fishery management plan, significant substantive 


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1 amendment to such a plan, or other significant sub2 stantive fishery management action under this Act. 

3 ‘‘(2) REVIEWERS.—The persons conducting re4 view under this subsection— 

5 ‘‘(A) shall include one or more individuals 

6 who are not officials or employees of the Fed7 eral Government; and 

8 ‘‘(B) may include persons who are em9 ployed in the fishing industry. 

10 ‘‘(3) CONSIDERATION OF RECOMMENDA11 TIONS.—A review under this subsection shall con12 sider the recommendations of any scientific review 

13 committee established under section 302(g)(6) with 

14 respect to the fishery that is the subject of the mat15 ter under review. 

16 ‘‘(4) TREATMENT OF FINDINGS.—The findings 

17 of any independent peer review conducted under this 

18 paragraph shall be included in any relevant docu19 ments that are made available to the public with re20 spect to the matter that is reviewed. 

21 ‘‘(5) WAIVER OF REQUIREMENTS.— 

22 ‘‘(A) GENERAL AUTHORITY.—The Sec23 retary shall issue regulations under which the 

24 Secretary may waive any of the independent 


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1 peer review requirements under this subsection 

2 if— 

3 ‘‘(i) the Secretary determines that— 

4 ‘‘(I) there is an emergency (as 

5 described in the regulations); 

6 ‘‘(II) completion of the peer re7 view process has been unreasonably 

8 delayed; or 

9 ‘‘(III) the time required to com10 plete the review could compromise 

11 fishermen’s safety; or 

12 ‘‘(ii) the Council having jurisdiction 

13 over the fishery requests the waiver, in ac14 cordance with a vote by the Council, and 

15 explains in writing the reasons for request16 ing the waiver. 

17 ‘‘(B) NOTICE AND COMMENT.—The Sec18 retary shall— 

19 ‘‘(i) provide notice of each waiver 

20 under this paragraph to the Council having 

21 jurisdiction over the fishery; 

22 ‘‘(ii) publish the notice in the Federal 

23 Register; and 


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1 ‘‘(iii) provide a 30-day period for the 

2 submission by the public of comments on 

3 the waiver.’’. 

4 (d) COOPERATIVE RESEARCH AND INDEPENDENT

5 RESEARCH.—Section 404 (16 U.S.C. 1881c) is further 

6 amended by adding at the end the following: 

7 ‘‘(e) COOPERATIVE RESEARCH AND INDEPENDENT

8 RESEARCH.— 

9 ‘‘(1) REQUIREMENT FOR FISHERY MANAGE10 MENT PLANS.—Each fishery management plan that 

11 is prepared by a Council, or by the Secretary, with 

12 respect to any fishery shall— 

13 ‘‘(A) include provisions to create a cooper14 ative research component, including the use of 

15 fishing vessels engaged in commercial fishing or 

16 charter fishing, and the captains and crews of 

17 such vessels, for the gathering of data on stock 

18 abundance, composition, distribution, or other 

19 relevant information for the implementation of 

20 the plan; research on gear technology, bycatch 

21 reduction, and safety; and oceanic, atmospheric, 

22 weather, and environmental research that re23 lates to fishery management, in a manner that 

24 ensures there is no loss of days at sea or other 

25 fishing allocation for participants in the fishing 


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1 industry individuals who participate in such co2 operative research; and 

3 ‘‘(B) include provisions to create an inde4 pendent research component involving edu5 cational and research institutions, other than 

6 institutions designated as Member Institutions 

7 of the Fishery Research Network established 

8 under subsection (f). 

9 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In 

10 addition to the other amounts authorized by this 

11 Act, for cooperative research and independent re12 search under provisions included in fishery manage13 ment plans under this subsection, there is authorized 

14 to be appropriated to the Secretary $5,000,000 for 

15 each of fiscal years 2007 through 2011.’’. 

16 (e) ESTABLISHMENT OF FISHERY RESEARCH NET17 WORK.—Section 404 (16 U.S.C. 1881c) is further amend18 ed by adding at the end the following: 

19 ‘‘(f) FISHERY RESEARCH NETWORK.— 

20 ‘‘(1) ESTABLISHMENT.—The Secretary shall es21 tablish the Federal Fishery Research Network. 

22 ‘‘(2) COMPOSITION.—The Network shall be 

23 composed of non-governmental educational or re24 search institutions that have significant fishery re25 search expertise and that are designated by the SecVerDate Aug 31 2005 01:56 Mar 14, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4940.IH H4940

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1 retary under this subsection (in this subsection re2 ferred to as a ‘Member Institutions’). The Secretary 

3 shall designate 3 Member Institutions with respect 

4 to each Council. Each Member Institution must be 

5 located in a State that is represented on the Council 

6 with respect to which the Member Institution is des7 ignated, or in a State that borders such a rep8 resented State. 

9 ‘‘(3) RESEARCH ROLE OF MEMBER INSTITU10 TIONS.—The Secretary shall ensure that each Mem11 ber Institution plays a continuing role in— 

12 ‘‘(A) gathering data for use in imple13 menting this Act; 

14 ‘‘(B) advising the Council with respect to 

15 which it is appointed and the Secretary; 

16 ‘‘(C) performing peer review under this 

17 Act; and 

18 ‘‘(D) otherwise assisting with and con19 ducting ongoing research on fishery manage20 ment issues affecting the area in which the 

21 Member Institution is located, including— 

22 ‘‘(i) the economic and social impacts 

23 of fishery management proposals; 


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1 ‘‘(ii) analysis of the impacts of fishery 

2 management proposals on fishing safety; 

3 and 

4 ‘‘(iii) ways of improving safety within 

5 the fishing industry. 

6 ‘‘(4) CONSULTATION WITH MEMBER INSTITU7 TIONS.—The Secretary and each Council shall— 

8 ‘‘(A) consult with the relevant Member In9 stitutions regarding fishery management plans 

10 and amendments to such plans that affect the 

11 area in which the Member Institutions are lo12 cated; and 

13 ‘‘(B) provide to Member Institutions ap14 propriate data regarding such plans and 

15 amendments. 

16 ‘‘(5) RESPONSIBILITIES OF MEMBER INSTITU17 TIONS.—The Secretary shall require each Member 

18 Institution to submit to the Secretary and the Coun19 cil with respect to which it is designated an analysis 

20 of each fishery management plan, and each signifi21 cant amendment to such a plan, that affects the 

22 area in which the Member Institution is located. 

23 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—In 

24 addition to the other amounts authorized by this 

25 Act, to carry out this subsection there is authorized 


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1 to be appropriated to the Secretary $15,000,000 for 

2 each of fiscal years 2007 through 2011.’’. 

3 (f) FISHERIES MANAGEMENT RESEARCH GRANTS.— 

4 Section 404 (16 U.S.C. 1881c) is further amended by add5 ing at the end the following: 

6 ‘‘(g) FISHERIES MANAGEMENT RESEARCH

7 GRANTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall award 

9 grants for research to acquire the knowledge and in10 formation referred to in subsection (a). 

11 ‘‘(2) ELIGIBILITY FOR GRANTS.—To be eligible 

12 for a grant under this subsection a person must 

13 be— 

14 ‘‘(A) a participant in a fishery adminis15 tered under this Act that is the subject of the 

16 research to be carried out with the grant; 

17 ‘‘(B) an educational or scientific institu18 tion; 

19 ‘‘(C) a non-profit organization; or 

20 ‘‘(D) a State or municipal government. 

21 ‘‘(3) GRANT PROCEDURES.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 award grants under this subsection on a com24 petitive basis. 


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1 ‘‘(B) CONSULTATIVE ROLE OF COUN2 CILS.—The Secretary shall consult with each 

3 Council on, and each Council shall make rec4 ommendations on, possible research topics to be 

5 funded by grants under this subsection. 

6 ‘‘(4) ENSURING RESEARCH REGARDING ECO7 NOMIC AND SOCIAL ASPECTS, AND SAFETY.—The 

8 Secretary shall establish by regulation a formula or 

9 system for allocating the funds available to carry out 

10 this section that ensures that a reasonable percent11 age of such funds is used for grants for research re12 garding the economic and social aspects of fishery 

13 management and for research regarding fishing safe14 ty. 

15 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In 

16 addition to the other amounts authorized to carry 

17 out this Act, for grants under this subsection there 

18 is authorized to be appropriated to the Secretary 

19 $5,000,000 for each of fiscal years 2007 through 

20 2011.’’. 

21 SEC. 6. FISHING SAFETY. 

22 (a) RULE OF CONSTRUCTION FOR NATIONAL STAND23 ARD (10).—Section 301 (16 U.S.C. 1851) is further 

24 amended by adding at the end the following: 


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1 ‘‘(d) RULE OF CONSTRUCTION REGARDING NA2 TIONAL STANDARD (10).—Paragraph (10) of subsection 

3 (a) shall be construed to be of equal importance as the 

4 other paragraphs of subsection (a). The Secretary shall 

5 ensure that paragraph (10) of subsection (a)— 

6 ‘‘(1) is applied to the same extent as the other 

7 paragraphs of subsection (a); and 

8 ‘‘(2) is given consideration that is substantially 

9 the same as the consideration given to the other 

10 paragraphs of subsection (a), with respect to all fish11 ery management plans, decisions, and actions under 

12 this Act.’’. 

13 (b) REQUIRED PROVISIONS OF FISHERY MANAGE14 MENT PLANS.—Section 303(a) (16 U.S.C. 1853(a)) is 

15 amended— 

16 (1) in paragraph (9) by striking ‘‘and’’ after 

17 the semicolon at the end of subparagraph (A), by 

18 striking the period at the end of subparagraph (B) 

19 and inserting ‘‘; and’’, and by adding at the end the 

20 following: 

21 ‘‘(C) the safety of human life at sea, with 

22 a specific focus on whether and to what extent 

23 such measures may affect the safety of partici24 pants in the fishery.’’; and 


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1 (2) by striking ‘‘; and’’ after the semicolon at 

2 the end of paragraph (12), by striking the period at 

3 the end of paragraph (13) and inserting ‘‘; and’’, 

4 and by adding at the end the following: 

5 ‘‘(14) to the extent practicable ensure that 

6 management measures, including restricted area and 

7 broken trip requirements, minimize the extent to 

8 which participants in the fishery are likely, in order 

9 to avoid a loss of harvest allocation or other finan10 cial loss, to continue fishing in unsafe circumstances, 

11 including when— 

12 ‘‘(A) operating during severe weather con13 ditions; 

14 ‘‘(B) a crewmember has an injury or ill15 ness that significantly affects the crewmember’s 

16 ability to assist in the safe operation of the ves17 sel; or 

18 ‘‘(C) important safety equipment on the 

19 vessel is defective or inoperable.’’. 

20 (c) SAFETY INSTRUCTION AND DRILLS.—Not later 

21 than 6 months after the date of the enactment of this Act, 

22 the Commandant of the Coast Guard shall amend part 

23 28.270 of title 46, Code of Federal Regulations, to require 

24 that the operator of each fishing vessel that is subject to 

25 that part maintain and make available for inspection by 


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1 any Federal officer or employee authorized to enforce this 

2 Act a written record of safety instruction and emergency 

3 drills that are required to be performed under that part, 

4 that includes for each drill the following information: 

5 (1) The date of the drill. 

6 (2) The elapsed time of the drill. 

7 (3) The activities conducted during the drill. 

8 (4) The name of the person who led the drill. 

9 (5) The name of each crewmember who partici10 pated in the drill. 

11 (d) STABILITY AND WATERTIGHT INTEGRITY STAND12 ARDS.—Not later than one year after the date of the en13 actment of this Act, the Commandant of the Coast Guard 

14 shall amend subpart E of part 28 of title 46, Code of Fed15 eral Regulations, to apply to fishing vessels that are be16 tween 50 feet in length and 79 feet in length the stability 

17 and watertight integrity standards that apply to vessels 

18 greater than 79 feet in length. 

19 (e) GRANT PROGRAM.— 

20 (1) AUTHORIZATION OF GRANTS.—Title III (16 

21 U.S.C. 1851 et seq.) is further amended by adding 

22 at the end the following: 

23 ‘‘SEC. 316. FISHING VESSEL SAFETY GRANTS. 

24 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall es25 tablish a program for providing grants to municipalities, 


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1 port authorities, other appropriate public entities, quali2 fied non-profits, and other persons— 

3 ‘‘(1) to conduct fishing vessel safety training 

4 and instruction sessions (in addition to those other5 wise required under Federal law or regulations); and 

6 ‘‘(2) for purchase of safety equipment for use 

7 in safety training sessions or for use on fishing ves8 sels. 

9 ‘‘(b) COMPETITIVE BASIS; CONSULTATION.—The 

10 Secretary shall award grants under this subsection— 

11 ‘‘(1) on a competitive basis; and 

12 ‘‘(2) in consultation with, and based on rec13 ommendations of, the Councils. 

14 ‘‘(c) COST SHARING.—The Federal share of the cost 

15 of any activity carried out with a grant under this section 

16 shall not exceed 75 percent. 

17 ‘‘(d) LANGUAGE REQUIREMENT.—The Secretary 

18 shall require that training and instruction carried out with 

19 a grant under this section shall be made available in lan20 guages other than English, as appropriate for the fishing 

21 port in which the training or instruction is offered. 

22 ‘‘(e) DATA BASE.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish a publicly accessible electronic data base that 

25 lists the names of individuals who have participated 


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1 in training sessions carried out with assistance 

2 under this section. 

3 ‘‘(2) RETRAINING REQUIREMENT.—The Sec4 retary shall require, as a condition of including the 

5 name of an individual in such database for any pe6 riod longer than 18 months, that the individual com7 plete retraining. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—In addi9 tion to the other amounts authorized by this Act, for 

10 grants under this section there is authorized to be appro11 priated to the Secretary $3,000,000 for each of fiscal 

12 years 2007 through 2011.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in the first section is further amended by in15 serting after the item relating to section 315 the fol16 lowing: 

‘‘Sec. 316. Fishing vessel safety grants.’’. 

17 SEC. 7. BYCATCH. 

18 (a) RETENTION OF BYCATCH FOR CHARITABLE PUR19 POSES.—Section 303 (16 U.S.C. 1853) is amended— 

20 (1) in subsection (b) by striking ‘‘and’’ after 

21 the semicolon at the end of paragraph (11), by strik22 ing the period at the end of paragraph (12) and in23 serting ‘‘; and’’, and by adding at the end the fol24 lowing: 


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1 ‘‘(13) allow the retention and donation or sale 

2 for charitable purposes, subject to the requirements 

3 established under subsection (e)(2), of dead bycatch 

4 that cannot otherwise be avoided under terms that 

5 ensure that such retention and donation do not allow 

6 the evasion of vessel trip limits or other conservation 

7 and management measures.’’; and 

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

9 ‘‘(e) RETENTION OF BYCATCH FOR CHARITABLE

10 PURPOSES.— 

11 ‘‘(1) REGULATIONS.—The Secretary shall issue 

12 regulations that establish requirements for the reten13 tion of bycatch for charitable purposes pursuant to 

14 subsection (b)(13). 

15 ‘‘(2) REQUIREMENTS.—Regulations under this 

16 subsection shall require that— 

17 ‘‘(A) the total amount of bycatch retained 

18 pursuant to subsection (b)(13) on a voyage 

19 shall not exceed a percentage of the total weight 

20 of the total authorized catch for that voyage of 

21 the target species, that shall be established by 

22 the Secretary and shall not exceed 20 percent 

23 of such total weight; 

24 ‘‘(B) the proceeds of any sale of bycatch 

25 shall be donated to charitable organizations 


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1 that provide economic assistance, job training, 

2 health care, or other assistance to individuals 

3 involved in the fishing industry and their fami4 lies, who reside in fishing communities lo5 cated— 

6 ‘‘(i) in the area where the vessel that 

7 harvested the bycatch is based; or 

8 ‘‘(ii) in the area where the bycatch 

9 was harvested; and 

10 ‘‘(C) in making such donations, preference 

11 shall be given to organizations that assist indi12 viduals who have become unemployed or experi13 enced significant negative economic impacts be14 cause of fishery management actions by the 

15 Federal Government. 

16 ‘‘(3) PREVENTION OF CONFLICTS OF INTER17 EST.—Regulations under this subsection shall in18 clude provisions to prevent conflicts of interest, in19 cluding prohibiting a person from retaining bycatch 

20 to directly benefit any charitable organization— 

21 ‘‘(A) from which the person derives a di22 rect, personal benefit; or 

23 ‘‘(B) over which the person exercises any 

24 control with respect to the activities of the or25 ganization or its provision of benefits.’’. 


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1 (b) STUDY.— 

2 (1) IN GENERAL.—The Secretary shall conduct 

3 a study of the utility and feasibility of establishing 

4 a bycatch exchange program comprised of a sys5 tem— 

6 (A) under which fishermen may— 

7 (i) retain bycatch in order to minimize 

8 discard of fish; and 

9 (ii) trade or exchange credits based on 

10 the retained bycatch, with other fishermen 

11 who are involved in the directed fishery in 

12 which the bycatch is harvested; and 

13 (B) that prevents the evasion of trip limits, 

14 total allowable catch levels, or other conserva15 tion and management measures. 

16 (2) REPORT.—The Secretary shall submit a re17 port to the Congress within two years after the date 

18 of the enactment of this Act on the results and rec19 ommendations of the study. 

20 SEC. 8. CAPACITY REDUCTION. 

21 (a) USE OF PROCEEDS OF FISHING CAPACITY RE22 DUCTION PROGRAMS.—Section 312(b) (16 U.S.C. 1861a) 

23 is amended by adding at the end the following: 

24 ‘‘(5) PROGRAMS FOR ASSISTING AFFECTED IN25 DIVIDUALS.— 


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1 ‘‘(A) IN GENERAL.—A fishing capacity re2 duction program shall, in accordance with regu3 lations issued by the Secretary and subject to 

4 the availability of appropriations, include the 

5 provision of financial assistance for programs 

6 providing economic assistance, job training, and 

7 health insurance to crew members and other in8 dividuals employed in the fishing industry or in 

9 shoreside businesses that have substantial in10 volvement in the fishing industry, with an em11 phasis on such crew members and individuals 

12 who experience job loss or other significant neg13 ative economic impacts because of a decline in 

14 employment opportunities as a result of the 

15 program. 

16 ‘‘(B) REGULATIONS; FORMULAS.—The 

17 Secretary shall issue regulations governing the 

18 provision of assistance under this paragraph, 

19 including formulas for calculating the amount 

20 of assistance provided with respect to a fishing 

21 capacity reduction program. 

22 ‘‘(C) ALLOCATION OF FUNDS.—Of the 

23 total amount of funds obligated or expended 

24 under this subsection for a fishing capacity re25 duction program, the Secretary shall use to 


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1 carry out this paragraph a percentage that the 

2 Secretary determines is sufficient to ensure the 

3 availability of a reasonable level of assistance 

4 for individuals involved in the fishing industry 

5 who experience job loss or other significant neg6 ative economic impacts because of a decline in 

7 employment opportunities as a result of the 

8 program. 

9 ‘‘(D) REGULATIONS.—The Secretary shall 

10 issue regulations that to the extent practicable 

11 fairly distribute funds used under subparagraph 

12 (C), taking into account local and regional 

13 economies, fishing communities, participants in 

14 the fishery, boat sizes and gear types, and em15 ployment history in the fishery.’’. 

16 (b) VESSEL BUYBACKS.—Section 312(b) (16 U.S.C. 

17 1861a(b)) is amended by adding at the end the following: 

18 ‘‘(5)(A) The Secretary shall ensure for each 

19 vessel buyback program, that a specific percentage 

20 of the funds made available under this section are 

21 used for retirement of vessels that were active in the 

22 affected fishery, but no longer comply with relevant 

23 safety standards as a result of the application, under 

24 the Fishery Management Amendments of 2005, of 

25 the stability and watertight integrity standards of 


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1 subpart E of part 28 of title 46, Code of Federal 

2 Regulations, to fishing vessels that are between 50 

3 feet and 79 feet in length. 

4 ‘‘(B) The Secretary shall issue regulations for 

5 each vessel buyback program that establish the per6 centage referred to in subparagraph (A) and proce7 dures and requirements for implementing subpara8 graph (A).’’. 

9 SEC. 9. INDIVIDUAL FISHING QUOTAS. 

10 (a) HOLDING OF QUOTA BY FISH PROCESSOR.—Sec11 tion 303(d)(5) (16 U.S.C. 1853(d)(5)) is amended by 

12 striking ‘‘and’’ after the semicolon at the end of subpara13 graph (B), by striking the period at the end of subpara14 graph (C) and inserting a semicolon, and by adding at 

15 the end the following: 

16 ‘‘(D) requires as a condition of eligibility 

17 for individual fishing quotas that persons, other 

18 than entry-level fishermen, must demonstrate a 

19 present or historic participation in harvesting 

20 activity in the fishery; and 

21 ‘‘(E) takes into account the level of present 

22 or historic participation in harvesting activity in 

23 the fishery in determining allocation of 

24 quotas.’’. 


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1 (b) CITIZENSHIP OF HOLDERS OF QUOTAS.—Section 

2 303(d) (16 U.S.C. 1853(d)) is further amended by adding 

3 at the end the following: 

4 ‘‘(7) CITIZENSHIP OF HOLDERS OF QUOTAS.— 

5 A person is eligible to be issued an individual fishing 

6 quota only if— 

7 ‘‘(A) the person— 

8 ‘‘(i) is a United States citizen; or 

9 ‘‘(ii) is an alien lawfully admitted for 

10 permanent residence in the United States; 

11 and 

12 ‘‘(B) the individual quota system under 

13 which the quota is issued is approved in a ref14 erendum conducted in accordance with para15 graph (8).’’. 

16 (c) REFERENDUM REQUIREMENTS.—Section 303(d) 

17 (16 U.S.C. 1853(d)) is further amended by adding at the 

18 end the following: 

19 ‘‘(8) REFERENDUM REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—A Council may not 

21 submit, and the Secretary may not approve or 

22 implement, any fishery management plan, plan 

23 amendment, or regulation under this Act that 

24 creates an individual fishing quota program, 

25 unless development of the plan, amendment, or 


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•HR 4940 IH 

1 regulation is approved by a referendum con2 ducted in accordance with this paragraph. 

3 ‘‘(B) CONDUCT BY SECRETARY.—The Sec4 retary— 

5 ‘‘(i) shall conduct each referendum re6 quired under this paragraph; and 

7 ‘‘(ii) shall conduct a referendum 

8 under this paragraph upon the request of 

9 a Council. 

10 ‘‘(C) VOTE REQUIREMENT.—A fishery 

11 management plan, plan amendment, or regula12 tion referred to in subparagraph (A) shall be 

13 approved in a referendum required under this 

14 paragraph only by the affirmative vote of two15 thirds of the votes cast by persons who are de16 termined by the Council, based upon require17 ments issued by the Secretary, to be eligible to 

18 vote in the referendum. 

19 ‘‘(D) ELIGIBILITY TO VOTE.—The Sec20 retary shall issue requirements for procedures 

21 and voting eligibility for referenda under this 

22 paragraph. The requirements shall be designed 

23 to ensure that— 

24 ‘‘(i) such referenda are conducted in a 

25 fair and equitable manner; 


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1 ‘‘(ii) individuals who are permit hold2 ers are eligible to vote; and 

3 ‘‘(iii) crew members who make a sig4 nificant percentage of their income from 

5 the fishery that would be subject to the 

6 proposed fishing quota system, and a sig7 nificant share of their total income from 

8 fishing, are eligible to vote.’’. 

9 (d) LIMITATION ON APPLICATION TO EXISTING PRO10 GRAMS.—This section and the amendments made by this 

11 section shall not apply with respect to any individual fish12 ing quota program established before the date of the en13 actment of this Act. 

14 SEC. 10. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 

15 POLICY ACT OF 1969. 

16 (a) PLANS DEEMED TO COMPLY WITH NEPA.— 

17 (1) IN GENERAL.—Title III is amended by add18 ing at the end following: 

19 ‘‘SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 

20 POLICY ACT OF 1969. 

21 ‘‘Any fishery management plan, amendment to such 

22 a plan, or regulation implementing such a plan that is pre23 pared in accordance with applicable provisions of sections 

24 303 and 304 is deemed to have been prepared in compli25 ance with the requirements of section 102(2)(C) of the 


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1 National Environmental Policy Act of 1969 (42 U.S.C. 

2 4332(2)(C)).’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in the first section is amended by inserting 

5 after the item relating to section 314 the following: 

‘‘Sec. 315. Compliance with National Environmental Policy Act of 1969.’’. 

6 (b) REQUIRED FISHERY MANAGEMENT PLAN PROVI7 SION; FISHERY IMPACT STATEMENT.—Section 303(a)(9) 

8 (16 U.S.C. 1853(a)(9)) is amended to read as follows: 

9 ‘‘(9) include a fishery impact statement for the 

10 plan or amendment (in the case of a plan or amend11 ment submitted to or prepared by the Secretary 

12 after the date of the enactment of the Fishery Man13 agement Amendments of 2006), that shall— 

14 ‘‘(A) assess, specify, and describe the likely 

15 effects, including the cumulative impacts, of the 

16 conservation and management measures on— 

17 ‘‘(i) the fisheries, participants in the 

18 fisheries, and fishery communities affected 

19 by the plan or amendment; and 

20 ‘‘(ii) on participants in the fisheries 

21 conducted in adjacent areas under the au22 thority of another Council, after consulta23 tion with such Council and representatives 

24 of those participants; 


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1 ‘‘(B) describe reasonable alternatives to 

2 the measures that were considered by the Coun3 cil; 

4 ‘‘(C) assess, specify, and describe the likely 

5 effects, including the cumulative impacts, of 

6 such alternatives on the fisheries, participants 

7 in the fisheries, and fishery communities that 

8 would be affected by the alternatives; and 

9 ‘‘(D) include the Council’s evaluation of 

10 each such alternative;’’. 

11 SEC. 11. GRANTS FOR CONSTRUCTION OR REPAIR OF 

12 WHARVES AND RELATED FACILITIES. 

13 (a) AUTHORIZATION OF GRANTS.—Title III (16 

14 U.S.C. 1851 et seq.) is further amended by adding at the 

15 end following: 

16 ‘‘SEC. 317. GRANTS FOR CONSTRUCTION OR REPAIR OF 

17 WHARVES AND RELATED FACILITIES. 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

19 program to award grants to State governments, local gov20 ernments, nonprofit organizations, or fishing cooperatives 

21 to construct or improve wharves or other facilities in 

22 coastal areas for use in the commercial fishing industry. 

23 ‘‘(b) PROJECT ELIGIBILITY.—In determining wheth24 er to award a grant under this section for a project, the 

25 Secretary shall consider— 


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1 ‘‘(1) the economic significance of the project to 

2 the commercial fishing industry in the area in which 

3 the project will be carried out; and 

4 ‘‘(2) whether a business plan or a harbor devel5 opment plan exists for the area in which the project 

6 will be carried out, and whether the project is con7 sistent with such plan. 

8 ‘‘(c) COST SHARING.— 

9 ‘‘(1) IN GENERAL.—The amount of a grant 

10 awarded under this section to carry out a project 

11 may not exceed 75 percent of the total cost of a 

12 project. 

13 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

14 share of the cost of a project carried out with a 

15 grant under this section may be provided in cash or 

16 in kind, including by a donation of land. 

17 ‘‘(d) REGULATIONS.—The Secretary shall issue regu18 lations governing grants under this section, including— 

19 ‘‘(1) application requirements; 

20 ‘‘(2) eligibility standards; 

21 ‘‘(3) procedures for ensuring that projects are 

22 not converted to uses that are inconsistent with the 

23 purposes for which a grant is awarded; and 

24 ‘‘(4) allowable administrative costs. 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad2 dition to the other amounts authorized by this Act, for 

3 grants under this section there is authorized to be appro4 priated to the Secretary $10,000,000 for each of fiscal 

5 years 2007 through 2011.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in the first section is further amended by inserting after 

8 the item relating to section 316 the following: 

‘‘Sec. 317. Grants for construction or repair of wharves and related facilities.’’. 

9 SEC. 12. FISHERY SCIENCE EDUCATION PROGRAM. 

10 (a) IN GENERAL.—The Secretary of Commerce shall 

11 establish the Fishery Science Education Program, which 

12 shall consist of— 

13 (1) the Centers for Fishery Science Excellence 

14 Program established under subsection (c); and 

15 (2) the Fishery Science Scholars Program es16 tablished under subsection (d). 

17 (b) PROGRAM PURPOSE.—The purpose of the Fish18 ery Science Education Program is to facilitate an increase 

19 in the number of persons with post-baccalaureate degrees 

20 in subjects related to fishery science, including fishery 

21 oceanography, fishery ecology, and fishery anthropology, 

22 who have the ability, upon completion of their post-bacca23 laureate degrees, to conduct high quality scientific re24 search in fishery stock assessment, fishery population dyVerDate Aug 31 2005 01:56 Mar 14, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4940.IH H4940

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1 namics, and related fields, for government, non-profit, and 

2 private sector entities. 

3 (c) CENTERS FOR FISHERY SCIENCE EXCELLENCE

4 PROGRAM.— 

5 (1) IN GENERAL.—The Secretary shall establish 

6 the Centers for Fishery Science Excellence Program, 

7 under which— 

8 (A) such Centers shall be established in ac9 cordance with this subsection at institutions of 

10 higher education in States that are within Fish11 ery Management Council regions; and 

12 (B) at least one such Center shall be es13 tablished in each Fishery Management Council 

14 region. 

15 (2) PURPOSE.—The purpose of the program is 

16 to promote the development of high quality post-bac17 calaureate level programs in subjects referred to in 

18 subsection (b) at institutions of higher education. 

19 (3) ELIGIBILITY.—An institution shall be eligi20 ble to participate in the program if— 

21 (A) the institution is an institution of high22 er education that demonstrates a strong, ongo23 ing commitment to high quality education in 

24 subjects referred to in subsection (b), including 


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1 the granting of post-baccalaureate degrees in 

2 such fields; and 

3 (B) the institution agrees to the establish4 ment at the institution of a Center for Fishery 

5 Science Excellence, and to conduct the actions 

6 described in paragraph (4) and other actions 

7 the Secretary may prescribe by regulation as 

8 conditions for participation in the program. 

9 (4) CONDITIONS FOR PARTICIPATION.—The 

10 Secretary shall require that each participating insti11 tution shall— 

12 (A) designate one or more faculty members 

13 to manage its Center for Fishery Science Excel14 lence; 

15 (B) develop strategies for recruiting quali16 fied students to participate in the program at 

17 such institution; and 

18 (C) ensure that the courses of study pur19 sued by participating students include a signifi20 cant emphasis on subjects referred to in sub21 section (b). 

22 (5) APPLICATION.—Each institution desiring to 

23 participate in the Program under this subsection 

24 shall submit an application to the Secretary at such 

25 time, in such manner, and containing such informaVerDate Aug 31 2005 01:56 Mar 14, 2006 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4940.IH H4940

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1 tion and assurances as the Secretary may require. If 

2 an institution’s application is approved, such institu3 tion shall be considered a participating institution 

4 for purposes of this subsection. 

5 (6) GRANTS FOR INSTITUTIONS.— 

6 (A) GRANT AUTHORITY.—The Secretary 

7 shall award competitive grants— 

8 (i) to participating institutions to as9 sist such institutions in program develop10 ment, faculty development and training, 

11 participation in, or hosting, of conferences, 

12 or purchase of laboratory and research 

13 equipment; or 

14 (ii) to institutions that are not partici15 pating institutions to assist such institu16 tions in improving their existing post-bac17 calaureate programs in the subjects re18 ferred to in subsection (b) to a level that 

19 increases the likelihood of such institutions 

20 being eligible for future participation in 

21 the program. 

22 (B) MATCH REQUIREMENT.—Any institu23 tion receiving a grant under this paragraph 

24 shall be required to provide matching funds 

25 from non-Federal sources equal to 25 percent 


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1 of the total cost of the activities that are funded 

2 by the grant. 

3 (C) LIMITATIONS.—Funds provided as a 

4 grant under this paragraph shall not be used 

5 for construction or for the payment of salaries, 

6 except that the Secretary may prescribe by reg7 ulation an allowable percentage of grant funds 

8 that may be used for payments to employees of 

9 a participating institution for administration of 

10 the program. 

11 (D) APPLICATIONS.—Any institution of 

12 higher education that desires to apply for a 

13 grant under this paragraph shall prepare and 

14 submit to the Secretary an application at such 

15 time, in such manner, and containing such in16 formation as the Secretary may require. 

17 (d) FISHERY SCIENCE SCHOLARS PROGRAM.— 

18 (1) IN GENERAL.—The Secretary shall establish 

19 the Fishery Science Scholars Program. 

20 (2) PURPOSE.—The purpose of the program is 

21 to expand the post-baccalaureate educational oppor22 tunities available to students who desire to pursue 

23 careers as government, private sector, or nonprofit 

24 research scientists in the subjects referred to in sub25 section (b). 


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1 (3) LIMITATION ON PARTICIPATION.—A max2 imum of 25 students per year shall be eligible to 

3 begin participation in the program, and no student 

4 shall be eligible to participate for more than 3 years. 

5 (4) ELIGIBILITY.— 

6 (A) IN GENERAL.—To be eligible to par7 ticipate in the program, a student must be ad8 mitted to a participating institution in a course 

9 of study that— 

10 (i) leads to a post-baccalaureate de11 gree in one of the subjects referred to in 

12 subsection (b); and 

13 (ii) includes significant emphasis on 

14 subjects referred to in subsection (b). 

15 (B) REMAINING ELIGIBLE.—In order to 

16 remain eligible to participate in the program, a 

17 student must maintain an acceptable level of 

18 academic standing, and demonstrate sufficient 

19 progress toward completing the post-bacca20 laureate studies and receiving a post-bacca21 laureate degree. 

22 (5) STIPENDS.—Each participating student 

23 shall receive a stipend in the amount of $20,000 an24 nually, contingent upon— 


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1 (A) remaining a student in good standing 

2 who is making satisfactory progress toward 

3 completing a course of post-baccalaureate stud4 ies described in paragraph (3)(A), and 

5 (B) receiving a post-baccalaureate degree. 

6 (6) APPLICATIONS.—A student who has been 

7 admitted to a participating institution to pursue a 

8 course of study leading to a post-baccalaureate de9 gree as described in paragraph (3)(A), and who de10 sires to participate in the Fishery Science Scholars 

11 Program, shall prepare and submit to the Secretary 

12 an application at such time, in such manner, and 

13 containing such information as the Secretary may 

14 require. 

15 (e) REGULATIONS.—The Secretary shall issue such 

16 regulations as may be necessary to administer the Fishery 

17 Science Education Program, including— 

18 (1) application procedures for students to apply 

19 for participation in the program and for stipends; 

20 (2) application procedures for institutions to 

21 apply for participating status, and for grants; 

22 (3) methods for assessing programs at institu23 tions for the purpose of determining eligibility; 


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1 (4) a system of regular reviews of the programs 

2 at each school to ensure that the purposes of the 

3 program are being met; 

4 (5) establishing an allowable level of adminis5 trative costs for the participating institutions; 

6 (6) establishing allowable administrative ex7 penditures for the management of the program by 

8 the Secretary; 

9 (7) provisions for revoking participating institu10 tion status; and 

11 (8) provisions for revoking participation in the 

12 program by individuals, including revocation of sti13 pends. 

14 (f) INSTITUTION OF HIGHER EDUCATION DE15 FINED.—In this section, the term ‘‘institution of higher 

16 education’’ has the meaning given that term in section 101 

17 of the Higher Education Act of 1965 (20 U.S.C. 1001). 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section there are authorized to be appropriated 

20 to the Secretary— 

21 (1) $1,000,000 for fiscal year 2006; 

22 (2) $2,000,000 for fiscal year 2007; and 

23 (3) $3,000,000 for fiscal year 2008 and each 

24 fiscal year thereafter. 


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1 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—Section 4 (16 U.S.C. 1803) is 

3 amended to read as follows: 

4 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to the Sec6 retary for the purposes of carrying out this Act (other 

7 than any provision for which amounts are otherwise spe8 cifically authorized) such sums as are necessary for each 

9 of fiscal years 2007 through 2011.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in the first section is amended by inserting after the item 

12 relating to section 3 the following: 

‘‘Sec. 4. Authorization of appropriations.’’. 

Æ 


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