II 

108TH CONGRESS 

2D SESSION S. 2066

To authorize appropriations to the Secretary of Commerce for the MagnusonStevens Fishery Conservation and Management Act for fiscal years 2004, 

2005, 2006, 2007, and 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2004

Ms. SNOWE introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL

To authorize appropriations to the Secretary of Commerce 

for the Magnuson-Stevens Fishery Conservation and 

Management Act for fiscal years 2004, 2005, 2006, 

2007, and 2008, 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 Conservation and Management Amendments Act 

6 of 2004’’. 

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

8 this Act is as follows:
2

•S 2066 IS 

Sec. 1. Short title. 

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

Sec. 3. Definitions. 

Sec. 4. Authorization of appropriations. 

Sec. 5. Treaty on Pacific Coast albacore tuna. 

Sec. 6. Monitoring of Pacific insular area fisheries. 

Sec. 7. Caribbean Council jurisdiction. 

Sec. 8. Notice of council meetings. 

Sec. 9. Fishery management plan requirements. 

Sec. 10. Submission of economic data. 

Sec. 11. Individual fishing quotas. 

Sec. 12. Gulf of Mexico fishing quota systems. 

Sec. 13. Action by the secretary. 

Sec. 14. Rebuilding depleted fisheries. 

Sec. 15. Steaming time. 

Sec. 16. Emergency regulations. 

Sec. 17. Fishing capacity reduction program. 

Sec. 18. Collection of information. 

Sec. 19. Access to certain information. 

Sec. 20. Maine pocket waters. 

Sec. 21. Western Pacific fishery demonstration projects. 

Sec. 22. Cooperative research and management. 

Sec. 23. Independent peer review of data collection procedures. 

Sec. 24. Advisory committee reform and peer review. 

Sec. 25. Cumulative impacts. 

Sec. 26. Essential fish habitat. 

Sec. 27. Cooperative enforcement agreements. 

Sec. 28. Scientific and statistical committees report on ecosystem research priorities; pilot program for fishery ecosystem plans.

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.). 
3

•S 2066 IS 

1 SEC. 3. DEFINITIONS. 

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

3 amended—

4 (1) by inserting after paragraph (8), the fol5 lowing: 

6 ‘‘(8A) The term ‘depleted’ when used with re7 spect to a stock of fish, means that the stock is of 

8 a size that is below the natural range of fluctuation 

9 associated with the production of maximum sustain10 able yield.’’; 

11 (2) by inserting after paragraph (18) the fol12 lowing: 

13 ‘‘(18A) The term ‘habitat area of particular 

14 concern’ means those waters and submerged sub15 strate that form a discrete vulnerable subunit of es16 sential fish habitat that is required for a stock to 

17 sustain itself and which is designated through a 

18 specified set of national criteria which includes, at a 

19 minimum, a requirement that designation be based 

20 on the best scientific information available regarding 

21 habitat-specific density of that fish stock, growth, re22 production, and survival rates of that stock within 

23 the designated area.’’; 

24 (3) by inserting ‘‘and’’ after the semicolon in 

25 paragraph (28)(A); 
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•S 2066 IS 

1 (4) by striking ‘‘factor; and’’ in paragraph 

2 (28)(B) and inserting ‘‘factor.’’; 

3 (5) by striking subparagraph (C) of paragraph 

4 (28); and 

5 (6) by striking paragraph (29) and inserting 

6 the following: 

7 ‘‘(29) The term ‘overfishing’ means a rate or 

8 level of fishing mortality that jeopardizes the capac9 ity of a fishery to produce the maximum sustainable 

10 yield on a continuing basis.’’. 

11 (b) CONFORMING AMENDMENTS.—

12 (1) The Act is amended by striking ‘‘over13 fished’’ each place it appears and inserting ‘‘de14 pleted’’. 

15 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

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

17 follows: 

18 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to the Sec20 retary for the purposes of carrying out this Act—

21 ‘‘(1) $400,000,000 for fiscal year 2004; 

22 ‘‘(2) $415,000,000 for fiscal year 2005; 

23 ‘‘(3) $430,000,000 for fiscal year 2006; 

24 ‘‘(4) $445,000,000 for fiscal year 2007; and 

25 ‘‘(5) $460,000,000 for fiscal year 2008.’’. 
5

•S 2066 IS 

1 SEC. 5. TREATY ON PACIFIC COAST ALBACORE TUNA. 

2 (a) FOREIGN FISHING UNDER TREATY; IMPLEMEN3 TATION.—Section 202(e) (16 U.S.C. 1822(e)) is amended 

4 by adding at the end the following: 

5 ‘‘(6) TREATY ON PACIFIC COAST ALBACORE

6 TUNA VESSELS.—

7 ‘‘(A) Notwithstanding section 201, foreign 

8 fishing may be conducted pursuant to the Trea9 ty between the Government of the United 

10 States of America and the Government of Can11 ada on Pacific Coast Albacore Tuna Vessels 

12 and Port Privileges, signed at Washington May 

13 26, 1981, including its Annexes and any 

14 amendments thereto. 

15 ‘‘(B) The Secretary of Commerce, with the 

16 concurrence of the Secretary of State, may pro17 mulgate regulations necessary to discharge the 

18 obligations of the United States of America 

19 under the Treaty between the Government of 

20 the United States of America and the Govern21 ment of Canada on Pacific Coast Albacore

22 Tuna Vessels and Port Privileges, signed at 

23 Washington May 26, 1981, including its An24 nexes and any amendments thereto.’’. 

25 (b) CONFORMING AMENDMENTS.—
6

•S 2066 IS 

1 (1) Paragraph (1) of section 201(a)(1) (16 

2 U.S.C. 1821(a)) is amended by striking ‘‘or (c)’’ and 

3 inserting ‘‘or (c), section 202(e)(6),’’. 

4 (2) Section 204(a) (16 U.S.C. 1824 (a)) is 

5 amended by striking ‘‘vessel.’’ and inserting ‘‘vessel 

6 or the fishing is authorized under section 

7 202(e)(6).’’. 

8 (3) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) 

9 is amended by striking ‘‘section 201(i),’’ and insert10 ing ‘‘section 201(i) and foreign fishing permitted 

11 under section 202(e)(6),’’. 

12 SEC. 6. MONITORING OF PACIFIC INSULAR AREA FISH13 ERIES. 

14 (a) WAIVER AUTHORITY.—Section 201(h)(2)(B) (16 

15 U.S.C. 1821(h)(2)(B)) is amended by striking ‘‘that is at 

16 least equal in effectiveness to the program established by 

17 the Secretary;’’ and inserting ‘‘or other monitoring pro18 gram that the Secretary determines is adequate to monitor 

19 harvest, bycatch, and compliance with the laws of the 

20 United States by vessels fishing under the agreement;’’. 

21 (b) MARINE CONSERVATION PLANS.—Section 

22 204(e)(4)(A)(i) (16 U.S.C. 1824(e)(4)(A)(i)) is amended 

23 to read as follows: 

24 ‘‘(i) Pacific Insular Area observer programs, or 

25 other monitoring programs, that the Secretary deter-
7

•S 2066 IS 

1 mines are adequate to monitor the harvest, bycatch, 

2 and compliance with the laws of the United States 

3 by foreign fishing vessels that fish under Pacific In4 sular Area fishing agreements;’’. 

5 SEC. 7. CARIBBEAN COUNCIL JURISDICTION. 

6 Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is 

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

8 and possessions of the United States in the Caribbean 

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

10 SEC. 8. NOTICE OF COUNCIL MEETINGS. 

11 (a) REGULAR AND EMERGENCY MEETINGS.—The 

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

13 1852(i)(2)(C)) is amended to read as follows: ‘‘Timely 

14 public notice of each regular meeting and each emergency 

15 meeting, including the time, place, and agenda of the 

16 meeting shall be provided by any means that will result 

17 in wide publicity in the major fishing ports of the region 

18 (and in other major fishing ports having a direct interest 

19 in the affected fishery).’’

20 (b) CLOSED MEETINGS.—Section 302(i)(3)(B) (16 

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

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

23 that will result in wide publicity’’. 
8

•S 2066 IS 

1 SEC. 9. FISHERY MANAGEMENT PLAN REQUIREMENTS. 

2 Section 303(a)(5) (16 U.S.C. 1853(a)(5)) is amended 

3 by inserting ‘‘harvest and processing revenues (by spe4 cies), production costs, capital expenditures, and other 

5 fishing or processing expenses’’, after ‘‘number of hauls,’’. 

6 SEC. 10. SUBMISSION OF ECONOMIC DATA. 

7 Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is amended 

8 by striking ‘‘(other than economic data)’’. 

9 SEC. 11. INDIVIDUAL FISHING QUOTAS 

10 (a) IN GENERAL.—Section 303 (16 U.S.C. 1853) is 

11 amended—

12 (1) by striking subsection (b)(6) and inserting 

13 the following: 

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

15 fishery in order to achieve optimum yield if, in devel16 oping such system, the Council and the Secretary 

17 take into account—

18 ‘‘(A) the conservation requirements of this 

19 Act with respect to the fishery; 

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

21 ‘‘(C) historical fishing practices in, and de22 pendence on, the fishery; 

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

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

25 in the fishery to engage in other fisheries; 
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•S 2066 IS 

1 ‘‘(F) the cultural and social framework rel2 evant to the fishery and any affected fishing 

3 communities; 

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

5 a public resource; and 

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

7 (2) by striking subsection (d) and inserting the 

8 following: 

9 ‘‘(d) FISHING QUOTA SYSTEMS.—

10 ‘‘(1) ESTABLISHMENT.—Any fishery manage11 ment plan or amendment that is prepared by any 

12 Council, or by the Secretary, with respect to any 

13 fishery, may establish a fishing quota system con14 sistent with the provisions of subsection (b)(6). 

15 ‘‘(2) IN GENERAL.—The Councils and Sec16 retary shall ensure that any such fishing quota sys17 tem submitted and approved after September 30, 

18 2004, complies with the requirements of this section 

19 and—

20 ‘‘(A) shall prevent any person from acquir21 ing an excessive share of the fishing quotas 

22 issued, as appropriate for the fishery, and es23 tablish any other limits or measures necessary 

24 to prevent inequitable concentration of quota 

25 share; 
10

•S 2066 IS 

1 ‘‘(B) shall provide for the fair and equi2 table initial allocation of quota share and in 

3 such allocation—

4 ‘‘(i) shall take into account present 

5 and historic participation in the fishery; 

6 ‘‘(ii) shall consider allocating a por7 tion of the annual harvest to entry-level 

8 fishermen, small vessel owners, skippers, 

9 crew members, and fishing communities; 

10 and 

11 ‘‘(iii) may allocate shares among cat12 egories of vessels or gear types; 

13 ‘‘(C) shall contain provisions for the reg14 ular review and evaluation of the system, in15 cluding timetables and criteria for evaluating 

16 performance, and actions to be taken for failure 

17 to meet the criteria;

18 ‘‘(D) shall contain criteria that would gov19 ern limitation, revocation, renewal, reallocation, 

20 or reissuance of fishing quota, including: 

21 ‘‘(i) reallocation or reissuance of 

22 quota revoked pursuant to section 308 of 

23 this Act; 

24 ‘‘(ii) revocation and reissuance of fish25 ing quota if the owner of the quota cease 
11

•S 2066 IS 

1 to substantially participate in the fishery; 

2 and 

3 ‘‘(iii) exceptions to revocation or limi4 tation in cases of death, disablement, 

5 undue hardship, or in any case in which 

6 fishing is prohibited by the Secretary; 

7 ‘‘(E) shall provide a process for appeals of 

8 decisions on—

9 ‘‘(i) eligibility of a person to receive or 

10 bid for an allocation of quota shares; and 

11 ‘‘(ii) limitations, restrictions and rev12 ocations of quota held by a person; 

13 ‘‘(F) shall promote management measures 

14 to improve the conservation and management of 

15 the fishery, including reduction of bycatch; 

16 ‘‘(G) shall provide for effective enforce17 ment, monitoring, management of such system, 

18 including adequate data collection and use of 

19 observers at least at a level of coverage that 

20 should yield statistically significant results; 

21 ‘‘(H) may provide for the sale, lease or 

22 transfer of quota shares and limitations thereto; 

23 ‘‘(I) shall provide a mechanism, such as 

24 fees as authorized by section 304(d)(2), includ25 ing fees payable on quota transfers to recover 
12

•S 2066 IS 

1 costs related to administering and implementing 

2 the program, including enforcement, manage3 ment and data collection (including adequate 

4 observer coverage), if the assessment of such 

5 fees is proportional to the amount of quota held 

6 and fished by each quota holder and if such 

7 fees are used only for that fishing quota sys8 tem; 

9 ‘‘(J) shall consider the use of community 

10 or area-based approaches and strategies in de11 veloping fishing quota systems and consider 

12 other management measures, including meas13 ures to facilitate formation of fishery coopera14 tive arrangements, taking into account prox15 imity to and dependence on the resource, con16 tribution of fishing to the social and economic 

17 status of the community, and historic participa18 tion in the fishery; and 

19 ‘‘(K) shall include procedures and require20 ments necessary to carry out subparagraphs 

21 (A) through (J). 

22 ‘‘(3) NO CREATION OF RIGHT, TITLE, OR IN23 TEREST.—A fishing quota or other limited access 

24 system authorization—
13

•S 2066 IS 

1 ‘‘(A) shall be considered a permit for the 

2 purposes of sections 307, 308, and 309; 

3 ‘‘(B) may be revoked or limited at any 

4 time in accordance with this Act, including for 

5 failure to comply with the terms of the plan or 

6 if the system is found to have jeopardized the 

7 sustainability of the stock or the safety of fish8 ermen; 

9 ‘‘(C) shall not confer any right of com10 pensation to the holder of such fishing quota or 

11 other such limited access system authorization 

12 if it is revoked or limited; 

13 ‘‘(D) shall not create, or be construed to 

14 create, any right, title, or interest in or to any 

15 fish before the fish is harvested; and 

16 ‘‘(E) shall be considered a grant of permis17 sion to the holder of the fishing quota to engage 

18 in activities permitted by the fishing quota sys19 tem. 

20 ‘‘(4) ELIGIBILITY.—Persons eligible to hold 

21 fishing quota shares are persons who are United 

22 States citizens, or who are United States nationals 

23 or permanent resident aliens qualified by Federal 

24 law to participate in the fishery. 
14

•S 2066 IS 

1 ‘‘(5) DURATION.—Any fishing quota system es2 tablished under this section after the date of enact3 ment of the Fishery Conservation and Management 

4 Amendments Act of 2004 shall expire at the end of 

5 a 10-year period beginning on the date the system 

6 is established, or at the end of successive 10 year pe7 riods thereafter, unless extended by a fishery man8 agement plan amendment in accordance with this 

9 Act, for successive periods not to exceed 10 years. 

10 ‘‘(6) REFERENDUM PROCEDURES.—

11 ‘‘(A) Except as provided in subparagraph 

12 (C) for the Gulf of Mexico commercial red 

13 snapper fishery, a Council may not submit, and 

14 the Secretary not approve or implement a fish15 ery management plan or amendment that cre16 ates a fishing quota system, including a secre17 tarial plan, unless such a system, as ultimately 

18 developed, has been approved by more than

19 two-thirds of those voting in a referendum 

20 among eligible permit holders. If a fishing 

21 quota system fails to be approved by the req22 uisite number of those voting, it may be revised 

23 and submitted for approval in a subsequent ref24 erendum. 
15

•S 2066 IS 

1 ‘‘(B) The Secretary shall conduct the ref2 erendum referred to in this paragraph, includ3 ing notifying all persons eligible to participate 

4 in the referendum and making available to 

5 them information concerning the schedule, pro6 cedures and eligibility requirements for the ref7 erendum process and the proposed fishing 

8 quota system. The Secretary shall within one 

9 year of enactment of the Fishing Quota Act of 

10 2003 publish guidelines and procedures to de11 termine procedures and voting eligibility re12 quirements for referenda and to conduct such 

13 referenda in a fair and equitable manner. 

14 ‘‘(C) The provisions of section 407(c) shall 

15 apply in lieu of this paragraph for any fishing 

16 quota system for the Gulf of Mexico commercial 

17 red snapper fishery. 

18 ‘‘(D) Chapter 35 of title 44, United States 

19 Code, (commonly known as the ‘Paperwork Re20 duction Act’) does not apply to the referenda 

21 conducted under this paragraph. 

22 ‘‘(7)(A) No provision of law shall be construed 

23 to limit the authority of a Council to submit, or the 

24 Secretary to approve, the termination or limitation, 

25 without compensation to holders of any limited ac-
16

•S 2066 IS 

1 cess system permits, of a fishery management plan, 

2 plan amendment, or regulation that provides for a 

3 limited access system, including a fishing quota sys4 tem. 

5 ‘‘(B) This subsection shall not apply to, or be 

6 construed to prohibit a Council from submitting, or 

7 the Secretary from approving and implementing, 

8 amendments to the North Pacific halibut and sable9 fish, South Atlantic wreckfish, or Mid-Atlantic surf 

10 clam and ocean (including mahogany) quahog indi11 vidual fishing quota programs. 

12 ‘‘(8)(A) A Council may submit, and the Sec13 retary may approve and implement, a program 

14 which reserves up to 25 percent of any fees collected 

15 from a fishery under section 304(d)(2) to be used, 

16 pursuant to section 1104A(a)(7) of the Merchant 

17 Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 

18 issue obligations that aid in financing the—

19 ‘‘(i) purchase of fishing quotas in that fish20 ery by fishermen who fish from small vessels; 

21 and 

22 ‘‘(ii) first-time purchase of fishing quotas 

23 in that fishery by entry level fishermen. 

24 ‘‘(B) A Council making a submission under 

25 subparagraph (A) shall recommend criteria, con-
17

•S 2066 IS 

1 sistent with the provisions of this Act, that a fisher2 man must meet to qualify for guarantees under 

3 clauses (i) and (ii) of subparagraph (A) and the por4 tion of funds to be allocated for guarantees under 

5 each clause.’’. 

6 (b) INDEPENDENT REVIEW.—Section 303 (16 U.S.C. 

7 1853) is further amended by adding at the end the fol8 lowing: 

9 ‘‘(e) INDEPENDENT REVIEW OF EFFECTIVENESS.—

10 ‘‘(1) Within 5 years after the date of enactment 

11 of the Fishery Conservation and Management 

12 Amendments Act of 2004, and every 5 years there13 after, the National Research Council shall provide 

14 an independent review of the effectiveness of fishing 

15 quota systems conducted in Federal fisheries. 

16 ‘‘(2) The review shall be conducted by an inde17 pendent panel of individuals who have knowledge 

18 and experience in fisheries conservation and manage19 ment, in the implementation of fishing quota sys20 tems, or in the social or economic characteristics of 

21 fisheries. The National Research Council shall en22 sure that members of the panel are qualified for ap23 pointment, are not active quota share holders, and 

24 provide fair representation to interests affected by 

25 such programs. 
18

•S 2066 IS 

1 ‘‘(3) The independent review of fishing quota 

2 systems shall include—

3 ‘‘(A) a determination of how fishing quota 

4 systems affect fisheries management and con5 tribute to improved management, conservation 

6 (including bycatch reduction) and safety in the 

7 fishery; 

8 ‘‘(B) formal input in the form of testimony 

9 from quota holders relative to the effectiveness 

10 of the fishing quota system; 

11 ‘‘(C) an evaluation of the social, economic 

12 and biological consequences of the quota sys13 tem, including the economic effects of the sys14 tem on fishing communities; 

15 ‘‘(D) an evaluation of the costs of imple16 menting, monitoring and enforcing the systems 

17 and the methods used to establish or allocate 

18 individual quota shares; and 

19 ‘‘(E) recommendations to the Councils and 

20 the Secretary to ensure that quota systems 

21 meet the requirements of this Act and the goals 

22 of the plans, and recommendations to the Sec23 retary for any changes to regulations issued 

24 under section 304(i). 
19

•S 2066 IS 

1 ‘‘(4) The Secretary shall submit the report to 

2 the Congress and any appropriate Councils within 

3 60 days after the review is completed.’’. 

4 (c) ACTION ON LIMITED ACCESS SYSTEMS.—Section 

5 304 (16 U.S.C. 1854) is amended by adding at the end 

6 the following: 

7 ‘‘(i) ACTION ON LIMITED ACCESS SYSTEMS.—Within 

8 1 year after the date of enactment of the Fishery Con9 servation and Management Amendments Act of 2004, the 

10 Secretary shall issue regulations which establish require11 ments for establishing a fishing quota system. Nothing in 

12 this paragraph prohibits a Council or the Secretary from 

13 initiating development of a fishing quota system consistent 

14 with the provisions of this Act pending publication of the 

15 final regulations.’’. 

16 (d) DEFINITIONS.—Section (16 U.S.C. 1802) is 

17 amended by—

18 (1) adding at the end the following:

19 ‘‘(46) The term ‘United States Citizen’ means 

20 an individual who is a citizen of the United States 

21 or a corporation, partnership, association, or other 

22 entity that qualifies to document a fishing vessel as 

23 a vessel of the United States under chapter 121 of 

24 title 46, United States Code.’; and 
20

•S 2066 IS 

1 (2) striking ‘‘ ‘individual fishing quota’ ’’ in 

2 paragraph (21) and inserting ‘‘ ‘fishing quota sys3 tem’ ’’. 

4 (e) CONFORMING AMENDMENTS.—

5 (1) The following provisions are each amended 

6 by striking ‘‘individual fishing quota’’ and inserting 

7 ‘‘fishing quota’’: 

8 (A) Section 304(c)(3) (16 

9 U.S.C.1854(c)(3)). 

10 (B) Section 304(d)(2)(A)(i) (16 

11 U.S.C.1854(d)(2)(A)(i)). 

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

13 1881a(b)(1)(D)). 

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

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

16 (c)(2)(B)). 

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

18 amended by striking ‘‘individual’’. 

19 SEC. 12. GULF OF MEXICO FISHING QUOTA SYSTEMS. 

20 Section 407(c) (16 U.S.C. 1883) is amended by add21 ing at the end the following: 

22 ‘‘(3) The initial referendum described in paragraph 

23 (1) shall be used to determine support for whether the 

24 sale, transfer, or lease of quota shares shall be allowed.’’. 
21

•S 2066 IS 

1 SEC. 13. ACTION BY THE SECRETARY. 

2 (a) REVIEW OF PLANS AND INITIAL REGULA3 TIONS.— Section 304(a)(1) (16 U.S.C. 1854(a)(1)) is 

4 amended— 

5 (1) by striking ‘‘amendment,’’ before subpara6 graph (A) and inserting ‘‘amendment and any pro7 posed implementing regulations prepared under sec8 tion 303(c)(1),’’; 

9 (2) by redesignating subparagraphs (A) and 

10 (B) as subparagraphs (B) and (C), respectively; 

11 (3) by inserting before subparagraph (B), as so 

12 redesignated, the following: 

13 ‘‘(A)(i) immediately make a preliminary 

14 evaluation of the management plan or amend15 ment for purposes of deciding whether it is—

16 ‘‘(I) consistent with the national 

17 standards, the other provisions of this Act, 

18 and other applicable law; and 

19 ‘‘(II) sufficient in scope and substance 

20 to warrant review under this subsection; 

21 ‘‘(ii) if that decision is affirmative with re22 spect to both subclauses (I) and (II) of clause 

23 (i), implement subparagraphs (B) and (C) with 

24 respect to the plan or amendment; and 

25 ‘‘(iii) if that decision is negative with re26 spect to either subclause (I) or (II) of clause 
22

•S 2066 IS 

1 (i), disapprove the plan or amendment and no2 tify the Council in writing of the disapproval 

3 and of those matters specified under paragraph 

4 (3)(A), (B), and (C) with respect to the plan or 

5 amendment;’’ and 

6 (4) by amending subparagraph (C), as so redes7 ignated, to read as follows: 

8 ‘‘(C) by the 15th day following transmittal 

9 of the plan or amendment, and proposed imple10 menting regulations, publish in the Federal 

11 Register— 

12 ‘‘(i) a notice stating that the plan or 

13 amendment is available and that written 

14 data, views, or comments of interested per15 sons on the plan or amendment may be 

16 submitted to the Secretary during the 50-

17 day period beginning on the date the notice 

18 is published; and 

19 ‘‘(ii) any proposed implementing regu20 lations that are consistent with the fishery 

21 management plan or amendment, this Act, 

22 and any other applicable law, for a com23 ment period of 50 days, except that the 

24 Secretary may include such technical 

25 changes to the Council’s proposed regula-
23

•S 2066 IS 

1 tions as may be necessary for clarity, along 

2 with an explanation of those changes.’’. 

3 (b) REVIEW OF PROPOSED MODIFICATIONS.—

4 (1) Paragraph (1) of section 304(b) (16 U.S.C. 

5 1854(b)) is amended to read as follows: 

6 ‘‘(1)(A) Upon transmittal by the Council to the 

7 Secretary of regulations proposed under section 

8 303(c)(2), the Secretary shall immediately initiate 

9 an evaluation of the proposed regulations to deter10 mine whether they are consistent with the fishery 

11 management plan, plan amendment, this Act, and 

12 other applicable law. 

13 ‘‘(B) If the Secretary determines that the regu14 lations are consistent, the Secretary shall, within 15 

15 days of transmittal, publish such regulations in the 

16 Federal Register, with such technical changes as 

17 may be necessary for clarity and an explanation of 

18 those changes, for a public comment period of 15 to 

19 60 days, unless the Secretary finds good cause not 

20 to publish a notice of proposed rulemaking in ac21 cordance with section 553 of title 5, United States 

22 Code. 

23 ‘‘(C) If the Secretary determines that the regu24 lations are not consistent, the Secretary shall, within 

25 15 days of transmittal, notify the Council in writing 
24

•S 2066 IS 

1 of the inconsistencies and provide recommendations 

2 on revisions that would make the proposed regula3 tions consistent with the fishery management plan, 

4 plan amendment, this Act, and other applicable 

5 law.’’. 

6 (2) Section 304(b)(2) (16 U.S.C. 1854(b)(2)) is 

7 amended by striking ‘‘paragraph (1)(B),’’ and in8 serting ‘‘paragraph (1)(C),’’. 

9 (3) Section 304(b)(3) (16 U.S.C. 1854(b)(3)) is 

10 amended by striking ‘‘paragraph (1)(A).’’ and in11 serting ‘‘paragraph (1)(B), and within 45 days after 

12 the end of the comment period under subsection 

13 (a)(1)(C).’’. 

14 (4) Section 304(b)(16 U.S.C. 1854(b)) is 

15 amended by adding at the end the following: 

16 ‘‘(4) For regulatory actions, other than those 

17 proposed by a Council under section 303(c), that are 

18 taken in accordance with a fishery management 

19 plan, the Secretary shall process the actions in ac20 cordance with the plan. If the Secretary determines

21 that the actions are consistent with the plan, this 

22 Act, and other applicable law, the Secretary shall 

23 publish in the Federal Register a notice of the ac24 tions. The Secretary may find good cause not to 

25 publish a notice of proposed rulemaking in accord-
25

•S 2066 IS 

1 ance with section 553 of title 5, United States 

2 Code.’’. 

3 SEC. 14. REBUILDING DEPLETED FISHERIES. 

4 (a) IN GENERAL.—Section 304(e)(4) (16 U.S.C. 

5 1854) is amended to read as follows: 

6 ‘‘(4) The Secretary shall promulgate regulations to 

7 govern fishing after January 1, 2008, that— 

8 ‘‘(A) limit fishing mortality to a rate not great9 er than the rate that would be expected to produce 

10 maximum sustainable yield, except—

11 ‘‘(i) in cases where management measures 

12 under an international agreement in which the 

13 United States participates dictate otherwise; 

14 and 

15 ‘‘(ii) as provided in subparagraph (B); 

16 ‘‘(B) for stocks that are depleted, limit fishing 

17 mortality to 80 percent of the fishing mortality rate 

18 that would be expected to produce maximum sus19 tainable yield, except in cases where management 

20 measures under an international agreement in which 

21 the United States participates dictate otherwise; and 

22 ‘‘(C) allocate both fishing restrictions and re23 covery benefits fairly and equitably among gear sec24 tors and communities in the fishery, taking into ac-
26

•S 2066 IS 

1 count long term historical participation in the fish2 ery.’’. 

3 (b) Section 304(e)(3) (16 U.S.C. 1854(e)(3)) is 

4 amended by striking ‘‘Within one year of an identification 

5 under paragraph (1)’’ and inserting ‘‘Within 1 year after 

6 a fishery is identified as depleted or approaching a condi7 tion of being depleted,’’. 

8 (c) Section 303(a) (16 U.S.C. 1853(a)) is amended—

9 (1) by redesignating paragraphs (2) through 

10 (14) as paragraphs (3) through (15), respectively; 

11 and 

12 (2) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) specify a biomass limit below which the 

15 stock should not be allowed to fall and a threshold 

16 below which the fishing mortality rate must be re17 duced;’’. 

18 SEC. 15. STEAMING TIME. 

19 Section 301(a)(4) (16 U.S.C. 1851(a)(4)) is amended 

20 by striking ‘‘privileges.’’ and inserting ‘‘privileges, and 

21 shall take into account the differences in distances to fish22 ing grounds from different States.’’. 

23 SEC. 16. EMERGENCY REGULATIONS. 

24 (a) LENGTHENING OF SECOND EMERGENCY PE25 RIOD.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 
27

•S 2066 IS 

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

2 days,’’. 

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

4 (16 U.S.C. 1855(c)(3)(D)) is amended by inserting ‘‘or 

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

6 SEC. 17. FISHING CAPACITY REDUCTION PROGRAM. 

7 Section 312 (16 U.S.C. 1861(a)) is amended by strik8 ing subsections (b) through (e) and inserting the following: 

9 ‘‘(b) FISHING CAPACITY REDUCTION PROGRAM.—

10 ‘‘(1) The Secretary may conduct a fishing ca11 pacity reduction program in a fishery under the au12 thority of the Secretary, a Council or a State if the 

13 Secretary determines that the program—

14 ‘‘(A) is necessary to improve either the 

15 fishery’s conservation and management or the 

16 fishery’s economic efficiency, stability, safety, 

17 well being, organizational effectiveness, or sub18 sequent rationalization; 

19 ‘‘(B) is consistent with the Federal or 

20 State fishery management plan or program in 

21 effect for such fishery, as appropriate, and that 

22 the fishery management plan— 

23 ‘‘(i) will prevent replacement of the 

24 fishing capacity that the program removes 

25 through a moratorium on new entrants, 
28

•S 2066 IS 

1 practicable restrictions on vessel upgrades, 

2 and measures that take into account any 

3 latent fishing capacity in the fishery’s fleet; 

4 and 

5 ‘‘(ii) establishes a specified or target 

6 total allowable catch or other measures 

7 that trigger fishery closure or adjustments; 

8 ‘‘(C) is cost-effective and, in the instance 

9 of a program involving an industry-fee system, 

10 prospectively capable of repaying any debt obli11 gation incurred under section 1111 of the Mer12 chant Marine Act, 1936 (46 U.S.C. App. 

13 1279d); and 

14 ‘‘(D) all participants in the capacity reduc15 tion program participate on a voluntary basis, 

16 but the Secretary is authorized to ensure com17 pliance with the program by those who choose 

18 to participate. 

19 ‘‘(2) The objective of the program shall be to 

20 obtain the maximum sustained reduction in fishing 

21 capacity at the least cost and in a minimum period 

22 of time. To achieve that objective, the Secretary is 

23 authorized to pay—

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

25 permit authorizing the participation of the ves-
29

•S 2066 IS 

1 sel in the fishery is surrendered for permanent 

2 revocation and the vessel owner and permit 

3 holder relinquish any claim associated with the 

4 vessel or permit that could qualify such owner 

5 or holder for any present or future limited ac6 cess system permit in the fishery for which the 

7 program is established and such vessel is—

8 ‘‘(i) scrapped; or 

9 ‘‘(ii) subjected to title restrictions (in10 cluding, but not limited to, loss of the ves11 sel’s fisheries endorsement) by the Sec12 retary of the department in which the 

13 Coast Guard is operating, that perma14 nently prohibit and effectively prevent its 

15 use in domestic fishing; or 

16 ‘‘(B) the holder of a permit authorizing 

17 participation in the fishery, if such permit is 

18 surrendered for permanent revocation, and such 

19 holder relinquishes any claim associated with 

20 the permit and vessel used to harvest fishery re21 sources under the permit that could qualify 

22 such holder for any present or future limited 

23 access system permit in the fishery for which 

24 the program is established. 
30

•S 2066 IS 

1 ‘‘(3) The Secretary shall consult, as appro2 priate, with Councils, Federal agencies, State and 

3 regional authorities, affected fishing communities, 

4 participants in the fishery, conservation organiza5 tions, and other interested parties throughout the 

6 development and implementation of the program 

7 under this section. 

8 ‘‘(c) PROGRAM FUNDING.—

9 ‘‘(1) The program may be funded by any com10 bination of amounts— 

11 ‘‘(A) available under clause (iv) of section 

12 2(b)(1)(A) of the Act of August 11, 1939 (15 

13 U.S.C. 713c–3(b)(1)(A); the Saltonstall-Ken14 nedy Act); 

15 ‘‘(B) appropriated for the purposes of this 

16 section; 

17 ‘‘(C) provided under an industry fee sys18 tem established under subsection (d) and in ac19 cordance with section 1111 of the Merchant 

20 Marine Act, 1936 (46 U.S.C. App. 1279d); or 

21 ‘‘(D) provided by any State or other public 

22 or private or non-profit organization. 

23 ‘‘(2) All funds for the program, including any 

24 fees established under subsection (d), shall be paid 

25 into the fishing capacity reduction funds established 
31

•S 2066 IS 

1 under section 1111 of the Merchant Marine Act, 

2 1936 (46 U.S.C. App. 1279d). 

3 ‘‘(d) INDUSTRY FEE SYSTEM.—

4 ‘‘(1)(A) If an industry fee system is necessary 

5 to fund the program, the Secretary shall conduct a 

6 referendum on such system. Prior to the ref7 erendum, the Secretary shall—

8 ‘‘(i) identify, to the extent, practicable, and 

9 notify all permit or vessel owners who would be 

10 affected by the program; and 

11 ‘‘(ii) make available to such owners infor12 mation about the industry fee system describing 

13 the schedule, procedures, and eligibility require14 ments for the referendum; the proposed pro15 gram; and the amount and duration and any 

16 other terms and conditions of the proposed fee 

17 system. 

18 ‘‘(B) The industry fee system shall be approved 

19 if the referendum votes which are cast in favor of 

20 the proposed system constitute a two-thirds majority 

21 of the participants voting. 

22 ‘‘(2) Notwithstanding section 304(d) and con23 sistent with an approved industry fee system, the 

24 Secretary is authorized to establish such a system to 

25 fund the program and repay debt obligations in-
32

•S 2066 IS 

1 curred pursuant to section 1111 of the Merchant 

2 Marine Act, 1936 (46 U.S.C. App. 1279d). The fees 

3 for a program established under this section shall—

4 ‘‘(A) be determined by the Secretary and 

5 adjusted from time to time as the Secretary 

6 considers necessary to ensure the availability of 

7 sufficient funds to repay such debt obligations; 

8 ‘‘(B) not exceed 5 percent of the ex-vessel 

9 value of all fish involved in the program har10 vested from the fishery for which the program 

11 is established; 

12 ‘‘(C) be deducted by the first ex-vessel pur13 chaser from the proceeds otherwise payable to 

14 the seller and accounted for and forwarded by 

15 such fish purchasers to the Secretary in such a 

16 manner as the Secretary may establish unless 

17 the Secretary determines that such fees should 

18 be collected from the seller; and 

19 ‘‘(D) be in effect only until such time as 

20 the debt obligation has been fully paid. 

21 ‘‘(e) PROGRAM IMPLEMENTATION.—

22 ‘‘(1) The Secretary shall propose and adopt 

23 framework regulations applicable to implementing all 

24 programs under this section. 
33

•S 2066 IS 

1 ‘‘(2) The Secretary shall implement each pro2 gram under this section by proposing and adopting 

3 regulations that shall, together with the framework 

4 regulations, establish each program and control its 

5 implementation. 

6 ‘‘(3) The harvester proponents of each program 

7 shall, before the Secretary proposes such regulation, 

8 provide to the Secretary a proposed implementation 

9 plan that—

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

11 vessels or permits that are eligible to participate 

12 in the program and the manner in which the 

13 program shall proceed, taking into account— 

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

15 ‘‘(ii) the requirements of the frame16 work regulations; 

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

18 ‘‘(iv) the requirements of the applica19 ble fishery management plan and any 

20 amendment that such plan may require to 

21 support the proposed program; 

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

23 harvesters in the fishery; 

24 ‘‘(vi) the need to minimize program 

25 costs; and 
34

•S 2066 IS 

1 ‘‘(vii) other matters, including the 

2 manner in which such proponents propose 

3 to fund the program to ensure its cost ef4 fectiveness, as well as any relevant factors 

5 demonstrating the potential for, or nec6 essary to obtain, the support and general 

7 cooperation of a substantial number of af8 fected harvesters in the fishery (or portion 

9 of the fishery) for which the program is in10 tended; and 

11 ‘‘(B) suggests proposed procedures for pro12 gram participation (such as submission of 

13 owner bids under an auction system or fair 

14 market-value assessment), including any terms 

15 and condition for participation, that the har16 vester proponents deem to be reasonably nec17 essary to meet the program’s proposed objec18 tives. 

19 ‘‘(4) The Secretary shall contract with each 

20 person participating in a program, and each such 

21 contract shall, in addition to including such other

22 matters as the Secretary deems necessary and ap23 propriate to effectively implement each program (in24 cluding penalties for contract non-performance) be 
35

•S 2066 IS 

1 consistent with the framework and implementing 

2 regulations and all other applicable law. 

3 ‘‘(5) Each program not involving fair market 

4 assessment shall involve a reduction auction that 

5 scores the reduction price of each bid offer by the 

6 data relevant to each bidder under an appropriate 

7 fisheries productivity factor. If the Secretary accepts 

8 bids, the Secretary shall accept each bid in the rank 

9 order of its bid score, with each bid whose reduction 

10 price is the lowest percentage of the productivity fac11 tor being first accepted over each bid whose reduc12 tion factor is the next lowest percentage of the pro13 ductivity factor. 

14 ‘‘(6) Each program shall proceed by the Sec15 retary issuing invitations to bid setting out the 

16 terms and conditions for participation consistent 

17 with the framework and implementing regulations. 

18 Each bid that the Secretary receives in response to 

19 the invitation to bid shall constitute an irrevocable 

20 offer from the bidder.’’. 

21 SEC. 18. COLLECTION OF INFORMATION. 

22 (a) PROGRAMS INITIATED BY SECRETARY.—Section 

23 402 (16 U.S.C. 1881a) is amended—
36

•S 2066 IS 

1 (1) by redesignating subsection (a) as para2 graph (1) and moving the left margin 2 ems to the 

3 right; 

4 (2) by inserting ‘‘(a) COLLECTION PRO5 GRAMS.—’’ before paragraph (1), as redesignated; 

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

7 of paragraph (1), as redesignated, and inserting 

8 ‘‘paragraph’’; and 

9 (4) by adding inserting after paragraph (1), as 

10 redesignated, the following: 

11 ‘‘(2) SECRETARIAL INITIATION.—If the Sec12 retary determines that additional information is nec13 essary for developing, implementing, revising, or 

14 monitoring a fishery management plan, or for deter15 mining whether a fishery is in need of management, 

16 the Secretary may, by regulation, implement an in17 formation collection or observer program requiring 

18 submission of such additional information for the 

19 fishery.’’. 

20 (5) by striking ‘‘under this Act shall be con21 fidential and shall not be disclosed,’’ in subsection 

22 (b)(1) and inserting ‘‘under this Act, and that would 

23 disclose proprietary or confidential commercial or fi24 nancial information regarding fishing operations or 

25 fish processing operations, shall be kept confidential 
37

•S 2066 IS 

1 and not disclosed for a period of 20 years following 

2 the year of submission to the Secretary,’’; and 

3 (6) by striking ‘‘under this Act,’’ in subsection 

4 (b)(2) and inserting ‘‘under this Act, and that would 

5 disclose proprietary or confidential commercial or fi6 nancial information regarding fishing operations or 

7 fish processing operations,’’. 

8 (b) COLLECTION OF CERTAIN INFORMATION RE9 GARDING BUSINESS OPERATIONS.—Paragraph (1) of sec10 tion 402(a) (16 U.S.C. 1881a(a)), as redesignated by sub11 section (a) of this section, is amended by striking ‘‘(other 

12 than information that would disclose proprietary or con13 fidential commercial or financial information regarding 

14 fishing operations or fish processing operations)’’ each 

15 place it appears. 

16 SEC. 19. ACCESS TO CERTAIN INFORMATION. 

17 (a) CERTAIN STATE EMPLOYEES.—Section 

18 402(b)(1) (16 U.S.C. 1881a(b)(1)) is amended—

19 (1) by redesignating subparagraphs (B) 

20 through (F) as subparagraphs (C) through (G), re21 spectively; and 

22 (2) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B) to State employees who are responsible for 

25 fishery management plan monitoring, if the States 
38

•S 2066 IS 

1 employing those employees have entered into a fish2 ery enforcement agreement with the Secretary and 

3 the agreement is in effect;’’. 

4 (b) DETERMINATIONS UNDER LIMITED ACCESS SYS5 TEM.—Section 402(b)(1) (16 U.S.C. 1881a(b)(1)) is 

6 amended—

7 (1) by striking ‘‘or’’ after the semicolon in sub8 paragraph (F), as redesignated by subsection (a) of 

9 this section; 

10 (2) by striking ‘‘Act.’’ in subparagraph (G), as 

11 redesignated by subsection (a), and inserting ‘‘Act; 

12 or’’; and 

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

14 ‘‘(H) when such information is required by the 

15 Secretary for any determination under a limited ac16 cess system.’’. 

17 SEC. 20. MAINE POCKET WATERS. 

18 Section 808(a) of the Atlantic Coastal Fisheries Co19 operative Management Act (16 U.S.C. 5107a(a)) is 

20 amended by striking paragraphs (1) through (4) and in21 serting the following: 

22 ‘‘(1) west of Monhegan Island in the area north 

23 of the line 43 degrees 42′10.0′′ N, 69 degrees 

24 34′16.0′′ W and 43 degrees 42′15.0′′ N, 69 degrees 

25 19′18.0′′ W; 
39

•S 2066 IS 

1 ‘‘(2) east of Monhegan Island in the area lo2 cated north of the line 43 degrees 44′0.0′′ N, 69 de3 grees 15′05.0′′ W and 43 degrees 48′10.0′′ N, 69 de4 grees 08′01.0′′ W; 

5 ‘‘(3) southeast of Matinic Island in the area lo6 cated north of the line 43 degrees 48′10.0′′ N, 69 de7 grees 08′01.0′′ W and 43 degrees 44′08.0′′ N, 69 de8 grees 53′01.0′′ W; 

9 ‘‘(4) south of Vinalhaven Island in the area lo10 cated west of the line 43 degrees 52′18.5′′ N, 68 de11 grees 40′0.0′′ W, and 43 degrees 58′10.5′′ N, 68 de12 grees 32′57.0′′ W; 

13 ‘‘(5) south of Bois Bubert Island in the area lo14 cated northwest of the line 44 degrees 19′16.5′′ N, 

15 67 degrees 49′30.0′′ W, and 44 degrees 23′40.0′′ N 

16 and 67 degrees 40′30.0′′ W.′′. 

17 SEC. 21. WESTERN PACIFIC FISHERY DEMONSTRATION 

18 PROJECTS. 

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

20 (16 U.S.C. 1855 note) is amended to read as follows: 

21 ‘‘(6) For purposes of this subsection, ‘Western 

22 Pacific community’ shall mean a community eligible 

23 to participate under section 305(i)(2)(B)(i) through

24 (iv) of the Magnuson-Stevens Fishery Conservation 
40

•S 2066 IS 

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

2 through (iv)).’’. 

3 SEC. 22. COOPERATIVE RESEARCH AND MANAGEMENT. 

4 The Act is amended by adding at the end the fol5 lowing: 

6 ‘‘TITLE V—COOPERATIVE 

7 RESEARCH AND MANAGEMENT 

8 ‘‘SEC. 501. ESTABLISHMENT OF PROGRAM. 

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

10 national cooperative research and management program 

11 to be administered by the National Marine Fisheries Serv12 ice, based on recommendations by the Councils. The pro13 gram shall consist of cooperative research and manage14 ment activities between fishing industry participants, the 

15 affected States, and the Service. 

16 ‘‘(b) RESEARCH AWARDS.—Each research project 

17 under this program shall be awarded on a standard com18 petitive basis established by the Service, in consultation 

19 with the Councils. Each Council shall establish a research 

20 steering committee to carry out this subsection. 

21 ‘‘(c) GUIDELINES.—The Secretary, in consultation 

22 with the appropriate Council and the fishing industry, 

23 shall create guidelines so that participants in this program 

24 are not penalized for loss of catch history or unexpended 

25 days-at-sea as part of a limited entry system. 
41

•S 2066 IS 

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

2 are authorized to be appropriated to the National Marine 

3 Fisheries Service, in addition to amounts otherwise au4 thorized by this Act, the following amounts, to remain 

5 available until expended, for the conduct of this program: 

6 ‘‘(1) $25,000,000 for fiscal year 2004. 

7 ‘‘(2) $30,000,000 for fiscal year 2005. 

8 ‘‘(3) $35,000,000 for fiscal year 2006. 

9 ‘‘(4) $40,000,000 for fiscal year 2007. 

10 ‘‘(5) $45,000,000 for fiscal year 2008. 

11 ‘‘(e) NEW ENGLAND TRAWL SURVEY.—Of the funds 

12 authorized in subsection (d) $3,000,000 shall be author13 ized for the purpose of cooperative comparative trawl re14 search between the National Marine Fisheries Service and 

15 fishing industry participants for the Northeast multispe16 cies groundfish fishery, which the Secretary shall design 

17 and administer with input from fishing industry partici18 pants and other interested stakeholders.’’. 

19 SEC. 23. INDEPENDENT PEER REVIEW OF DATA COLLEC20 TION PROCEDURES. 

21 The Act is amended by adding at the end of title IV 

22 (16 U.S.C. 1881 et seq.) the following: 

23 ‘‘SEC. 408. PEER REVIEW. 

24 ‘‘(a) IN GENERAL.—The National Academy of 

25 Sciences shall review and recommend measures for im-
42

•S 2066 IS 

1 proving National Marine Fisheries Service’s procedures 

2 for ensuring data quality in the data collection phase of 

3 the stock assessment program. 

4 ‘‘(b) SUBJECT MATTER.—The review shall address—

5 ‘‘(1) the quality control protocols through which 

6 stock assessment equipment is calibrated, operated, 

7 inspected, and maintained; 

8 ‘‘(2) the frequency and financial cost of these 

9 quality control checks; 

10 ‘‘(3) how the accuracy and validity of data col11 lected with sampling equipment is verified; and 

12 ‘‘(4) how measurement error is accounted for in 

13 stock assessment modeling and analysis based on 

14 these data. 

15 ‘‘(c) SCOPE.—The review shall apply to all activities 

16 that affect stock assessment data quality, whether con17 ducted by the National Marine Fisheries Service or by Na18 tional Marine Fisheries Service contractors.’’. 

19 SEC. 24. ADVISORY COMMITTEE REFORM AND PEER RE20 VIEW. 

21 (a) COMMITTE AND COUNCIL PROCEDURE RE22 FORMS.—Section 302(g) (16 U.S.C. 1852(g)) is amend23 ed—

24 (1) by adding at the end of paragraph (3) the 

25 following: 
43

•S 2066 IS 

1 ‘‘(C) For each committee established under sub2 paragraph (A), each Council shall establish standard 

3 operating procedures relating to time, place, public 

4 participation, and frequency of meetings, a descrip5 tion of the type and format of information to be pro6 vided under subparagraph (A), a description of how 

7 recommendations under subparagraph (A) will be 

8 used, and other relevant factors.’’; 

9 (2) by redesignating paragraph (5) as para10 graph (6); and 

11 (3) by inserting after paragraph (4) the fol12 lowing: 

13 ‘‘(5) Each Council shall establish standard op14 erating procedures relating to the relevant scientific 

15 review committee or committees that are responsible 

16 for conducting peer reviews of all stock assessments 

17 and economic and social analyses prepared for fish18 eries under the Council’s jurisdiction. Committees 

19 under this paragraph shall consist of members from 

20 the committee established under paragraph (1) of 

21 this subsection and, to the extent practicable, inde22 pendent scientists qualified to peer review such as23 sessments and analyses.’’. 

24 (b) PEER REVIEW.—Section 302(h) (16 U.S.C. 

25 1852(h)) is amended—
44

•S 2066 IS 

1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (5); 

3 (2) by redesignating paragraph (6) as para4 graph (7); and 

5 (3) by inserting after paragraph (5) the fol6 lowing: 

7 ‘‘(6) to the extent practicable conduct a peer re8 view of any stock assessments and economic and so9 cial analyses prepared for a fishery under its juris10 diction, utilizing the procedures established under 

11 subsection (g)(5); and’’. 

12 SEC. 25. CUMULATIVE IMPACTS. 

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

14 U.S.C. 1851(a)(8)) is amended to read as follows: 

15 ‘‘(8) Conservation and management measures 

16 shall, consistent with the conservation requirements 

17 of this Act (including the prevention of overfishing 

18 and rebuilding of overfished stocks), Utilize eco19 nomic and social data and assessment methods of 

20 the highest analytical standards when taking into ac21 count the importance of fishery resources to fishing 

22 communities, and the individual and cumulative eco23 nomic and social impacts of fishery conservation and 

24 management measures on such communities, in 

25 order to—
45

•S 2066 IS 

1 ‘‘(A) provide for the sustained participa2 tion of such communities; and 

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

4 adverse social and economic impacts on such 

5 communities.’’. 

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

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

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

9 measures on—’’ and inserting ‘‘describe in detail the likely 

10 effects, including the individual and cumulative economic 

11 and social impacts, of the conservation and management 

12 measures on and possible mitigation measures for—’’. 

13 SEC. 26. ESSENTIAL FISH HABITAT. 

14 (a) FISHERY MANAGEMENT PLANS.—Section 

15 303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to read as 

16 follows: 

17 ‘‘(7) describe and identify essential fish habitat 

18 and habitat areas of particular concern for the fish19 ery based on the guidelines established by the Sec20 retary under section 305(b)(1)(A), and give priority 

21 to minimizing to the extent practicable adverse ef22 fects on habitat areas of particular concern caused 

23 by fishing and identify other actions to encourage 

24 the conservation and enhancement of such habitat;’’. 
46

•S 2066 IS 

1 (b) FISH HABITAT REQUIREMENT.—Section 

2 305(b)(1) (16 U.S.C. 1855(b)(1)) is amended by inserting 

3 ‘‘and habitat areas of particular concern’’ after ‘‘essential 

4 fish habitat’’ each place it appears in subparagraphs (A) 

5 and (B). 

6 SEC. 27. COOPERATIVE ENFORCEMENT AGREEMENTS. 

7 Title III (16 U.S.C. 1851 et seq.) is amended by add8 ing at the end thereof the following: 

9 ‘‘SEC. 315. COOPERATIVE ENFORCEMENT USES. 

10 ‘‘(a) IN GENERAL.—The Governor of a State rep11 resented on an Interstate Fisheries Commission may apply 

12 to the Secretary for execution of a cooperative enforce13 ment agreement with the Secretary that will authorize the 

14 deputization of State law enforcement officers with marine 

15 law enforcement responsibilities to perform duties of the 

16 Secretary relating to law enforcement provisions under 

17 this Act or any other marine resource laws enforced by 

18 the Secretary. Upon receiving an application meeting the 

19 requirements of this section, the Secretary shall enter into 

20 the cooperative enforcement agreement with the request21 ing State. 

22 ‘‘(b) REQUIREMENTS.—Cooperative enforcement 

23 agreements executed under subsection (a)—
47

•S 2066 IS 

1 ‘‘(1) shall be consistent with the purposes and 

2 intent of section 311(a) of this Act, to the extent ap3 plicable to the regulated activities; and 

4 ‘‘(2) may include specifications for joint man5 agement responsibilities as provided by the first sec6 tion of Public Law 91–412 (15 U.S.C. 1525). 

7 ‘‘(c) AUTHORIZATION AND ALLOCATION OF

8 FUNDS.—There are authorized to be appropriated to the 

9 Secretary for the purposes of carrying out this section 

10 $10,000,000 in each of fiscal years 2004 through 2008. 

11 The Secretary shall include in each cooperative enforce12 ment agreement an allocation of funds to assist in man13 agement of the agreement. The allocation shall be equi14 tably distributed among all States participating in cooper15 ative enforcement agreements under this subsection, based 

16 upon consideration of the specific marine conservation en17 forcement needs of each participating State. Such agree18 ment may provide for amounts to be withheld by the Sec19 retary for the cost of any technical or other assistance pro20 vided to the State by the Secretary under the agreement.’’. 
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•S 2066 IS 

1 SEC. 28. SCIENTIFIC AND STATISTICAL COMMITTEES RE2 PORT ON ECOSYSTEM RESEARCH PRIOR3 ITIES; PILOT PROGRAM FOR FISHERY ECO4 SYSTEM PLANS. 

5 Section 406 (16 U.S.C. 1882) is amended by adding 

6 at the end thereof the following: 

7 ‘‘(f) RESEARCH.—

8 ‘‘(1) REPORT REQUIRED.—Within 12 months 

9 after the date of enactment of the Fishery Conserva10 tion and Management Amendments Act of 2004 the 

11 Scientific and Statistical Committees of each re12 gional fishery management council shall identify and 

13 submit a report to the Secretary outlining prioritized 

14 information or research needs to support ecosystem 

15 based management of the fisheries within its juris16 diction. In determining what factors to consider, the 

17 Committees may consider the recommendations out18 lined in the report under section (d). 

19 ‘‘(2) ASSISTANCE.—The Secretary shall provide 

20 assistance to the regional councils to obtain the 

21 prioritized information and conduct research identi22 fied in the reports under paragraph (1). These ef23 forts shall not displace existing research efforts and 

24 priorities identified by the regional councils or the 

25 Secretary. 

26 ‘‘(g) PILOT PROGRAM.—
49

•S 2066 IS 

1 ‘‘(1) IN GENERAL.—Within 18 months after the 

2 date of enactment of the Fishery Conservation and 

3 Management Amendments Act of 2004 the Sec4 retary, in consultation with the 8 regional fishery 

5 management council Chairs and affected stake6 holders, shall identify at least one fishery or complex 

7 of interacting fisheries suitable for the development 

8 of a pilot Fishery Ecosystem Plan. The Secretary 

9 shall consider the reports submitted under sub10 section (f) when selecting the pilot program. 

11 ‘‘(2) COORDINATION WITH APPROPRIATE COUN12 CIL.—After identifying the pilot Fishery Ecosystem 

13 Plan, the Secretary shall coordinate with the appro14 priate regional fishery management council to iden15 tify any information or conduct any research that 

16 may be needed to complete such a plan including a 

17 model of the food web, habitat needs of organisms 

18 identified in the food web, rates of mortality, identi19 fication of indicator species, and any other relevant 

20 data and monitoring needs. 

21 ‘‘(3) FISHERY ECOSYSTEM PLAN.—Within 30 

22 months after identification of the pilot fishery or 

23 complex of interacting fisheries, the appropriate re24 gional fishery management council shall submit to 

25 the Secretary for approval a Fishery Ecosystem 
50

•S 2066 IS 

1 Plan. In creating such plan, the council may con2 sider the recommendations outlined in the report 

3 under section (d).’’.

Æ