or indirectly disclose the identity or business of 
any person who submits such information. 
‘‘(B) any such information when it is nec-
essary in proceedings to adjudicate observer cer-
tifications; and 
‘‘(C) any such information as authorized by 
any regulations issued under paragraph (4) al-
lowing the collection of observer information, 
pursuant to a confidentiality agreement between 
the observers, observer employers, and the Sec-
retary prohibiting disclosure of the information 
by the observers or observer employers, for pur-
poses of— 
‘‘(i) allowing the sharing of observer 
information among observers and between 
observers and observer employers as nec-
essary to train and prepare observers for de-
ployments on specific vessels; or 
‘‘(ii) validating the accuracy of the ob-
server information collected. 
‘‘(3) USE FOR CONSERVATION AND MANAGEMENT 
PURPOSES.—Nothing in this subsection shall be inter-
preted or construed to prevent the use for conservation 
and management purposes by the Secretary, or with 
the approval of the Secretary, the Council, of any in-
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formation submitted in compliance with any require-
ment or regulation under this Act or the use, release, 
or publication of bycatch information pursuant to 
paragraph (1)(F). 
‘‘(4) MEMORANDUM
OF
UNDERSTANDING.—The 
Secretary may enter into a memorandum of under-
standing with the heads of other Federal agencies for 
the sharing of confidential information for purposes 
of this Act, such as information produced by vessel 
monitoring systems or other electronic monitoring 
systems, if the Secretary determines there is a compel-
ling need to do so and if the heads of the other Fed-
eral agencies agree to maintain the confidentiality of 
the information in accordance with the requirements 
that apply to the Secretary under this section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
404(c)(4) (16 U.S.C. 1881c(c)(4)) is amended by 
striking ‘‘under section 401’’. 
(3) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is 
further amended in subsection (a)— 
(A) by inserting after paragraph (4) the fol-
lowing: 
‘‘(4A) 
The 
term 
‘confidential 
information’ 
means— 
‘‘(A) trade secrets; or 
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‘‘(B) commercial or financial information 
the disclosure of which is likely to result in sub-
stantial harm to the competitive position of the 
person who submitted the information to the Sec-
retary.’’; and 
(B) by inserting after paragraph (27) the 
following: 
‘‘(27A) The term ‘observer information’ means 
any information collected, observed, retrieved, or cre-
ated by an observer or electronic monitoring system 
pursuant to authorization by the Secretary, or col-
lected as part of a cooperative research initiative, in-
cluding fish harvest or fish processing observations, 
fish sampling or weighing data, vessel logbook data, 
vessel- or fish processor-specific information (includ-
ing any safety, location, or operating condition obser-
vations), and video, audio, photographic, or written 
documents.’’. 
(d) SOCIOECONOMIC DATA COLLECTION ACTIVITIES.— 
Section 402 (16 U.S.C. 1881a) is further amended by add-
ing at the end the following: 
‘‘(f) SOCIOECONOMIC DATA COLLECTION.— 
‘‘(1) The Secretary may provide funds to Coun-
cils to carry out collection of socioeconomic data, in-
cluding information on fishermen and fishing com-
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munities, necessary to carry out the functions of the 
Councils. 
‘‘(2) To carry out this subsection there is author-
ized to be appropriated to the Secretary, in addition 
to other amounts authorized, $2,000,000 for each fis-
cal year.’’. 
(e) NEED FOR MORE FREQUENT STOCK SURVEYS.— 
The Secretary of Commerce— 
(1) shall determine the need for more frequent 
surveys of stocks of fish, and whether State agencies 
or cooperative research activities can fill the data 
gaps identified; and 
(2) submit a report to the Congress on the cur-
rent activities and the needs for such surveys, by not 
later than 2 years after the date of the enactment of 
this Act. 
SEC. 5. COUNCIL OPERATIONS AND AUTHORITIES. 
(a) COUNCIL APPOINTMENTS.—Section 302(b)(2)(C) 
(16 U.S.C. 1852(b)(2)(C)) is amended by inserting after the 
first sentence the following: ‘‘A Governor may submit the 
names of individuals from academia, or other public inter-
est areas including conservation organizations and the sea-
food consuming public, if the Governor has determined that 
each such individual is qualified under the requirements 
of subparagraph (A).’’. 
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(b) TRAINING.—Section 302 (16 U.S.C. 1852) is 
amended by adding at the end the following: 
‘‘(k) COUNCIL TRAINING PROGRAM.— 
‘‘(1) TRAINING COURSE.—Within 6 months after 
the date of the enactment of the American Fisheries 
Management and Marine Life Enhancement Act, the 
Secretary, in consultation with the Councils and the 
National Sea Grant College Program, shall develop a 
training course for newly appointed Council mem-
bers. The course may cover a variety of topics rel-
evant to matters before the Councils, including— 
‘‘(A) fishery science and basic stock assess-
ment methods; 
‘‘(B) fishery management techniques, data 
needs, and Council procedures; 
‘‘(C) social science and fishery economics; 
‘‘(D) tribal treaty rights and native cus-
toms, access, and other rights related to Western 
Pacific indigenous communities; 
‘‘(E) legal requirements of this Act, includ-
ing conflict of interest and disclosure provisions 
of this section and related policies; 
‘‘(F) other relevant legal and regulatory re-
quirements, including the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.); 
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‘‘(G) public process for development of fish-
ery management plans; 
‘‘(H) recreational and commercial fishing 
information including fish harvesting techniques, 
gear types, fishing vessel types, and economics, 
for the fisheries within each Council’s jurisdic-
tion; and 
‘‘(I) other topics suggested by the Council. 
‘‘(2) MEMBER TRAINING.—The training course— 
‘‘(A) shall be available to both new and ex-
isting Council members, staff from the regional 
offices and regional science centers of the Na-
tional Marine Fisheries Service; and 
‘‘(B) may be made available to committee 
or advisory panel members as resources allow. 
‘‘(3) REQUIRED
TRAINING.—Council members 
appointed after the date of the enactment of the Amer-
ican Fisheries Management and Marine Life En-
hancement Act must complete the training course de-
veloped under this subsection.’’. 
(c) AUTHORITY
TO
DEVELOP
ECOSYSTEM-BASED 
FISHERY MANAGEMENT PLANS.—Section 303(b) (16 U.S.C. 
1853(b)) is further amended by adding at the end the fol-
lowing: 
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‘‘(14) contain research, conservation, and man-
agement measures that encompass more than one fish-
ery and are for the purpose of managing the fishery 
resources concerned under an ecosystem-based man-
agement system;’’. 
(d) AUTHORITY TO REQUIRE VESSEL MONITORING 
SYSTEMS.—Section 303(b) (16 U.S.C. 1853(b)) is further 
amended by adding at the end the following: 
‘‘(15) require a Vessel Monitoring System or 
other similar electronic monitoring technology for the 
purposes of enforcing, monitoring, or collecting data 
from a fishery or fishery sector;’’. 
(e) OBSERVER FUNDING CLARIFICATION.—Section 303 
(16 U.S.C. 1853) is further amended by adding at the end 
the following: 
‘‘(e) OBSERVER PROVISIONS.— 
‘‘(1) COSTS.—Costs for observer coverage that is 
primarily for the enforcement of a fishery manage-
ment plan or for data collection necessary for the 
monitoring of a fishery— 
‘‘(A) shall be paid for by the Secretary; and 
‘‘(B) under a limited access program, may 
be considered as a cost to be recovered under the 
authority of section 303A(e)(2). 
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‘‘(2) LIABILITY FOR SANCTIONS.—A fishing ves-
sel that is required to have an observer onboard pur-
suant to section 303(b)(8), the owner or operator of 
such a fishing vessel, and the United States shall not 
be liable for any sanction imposed on the observer for 
actions of the observer in the course of performance of 
duties as an observer.’’. 
(f) INCENTIVES.—Section 303(b) (16 U.S.C. 1853(b)) 
is further amended by adding at the end the following: 
‘‘(16) establish a system of incentives to reduce 
total bycatch and seabird interaction, bycatch rates, 
and post-release mortality in fisheries under the 
Council’s or Secretary’s jurisdiction, including— 
‘‘(A) measures to incorporate bycatch into 
quotas, including the establishment of collective 
or individual bycatch quotas; 
‘‘(B) measures to promote the use of gear 
with verifiable and monitored low bycatch and 
seabird interaction rates; and 
‘‘(C) measures that, based on the best sci-
entific information available, will reduce bycatch 
and seabird interaction, bycatch mortality, post- 
release mortality, or regulatory discards in the 
fishery; and’’. 
(g) MARINE PROTECTED AREAS AUTHORITY.— 
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(1) DISCRETIONARY AUTHORITY.—Section 303(b) 
(16 U.S.C. 1853(b)) is further amended by adding at 
the end the following: 
‘‘(17) designate closed areas, seasonal closures, 
time/area closures, gear restrictions, or other methods 
for limiting impacts on habitat, limit bycatch im-
pacts of gear, or limit fishing impact on spawning 
congregations in specific geographic areas.’’. 
(2) REQUIREMENTS.—Section 303(a) (16 U.S.C. 
1853(a)) is further amended by adding at the end the 
following: 
‘‘(16) with respect to any closure of an area to 
all fisheries managed under this Act, include provi-
sions that ensure that such closure— 
‘‘(A) is based on the best scientific informa-
tion available; 
‘‘(B) includes criteria to assess the conserva-
tion benefit of the closed area; 
‘‘(C) establishes a timetable for review of the 
closed area’s performance that is consistent with 
the purposes of the closed area; and 
‘‘(D) is based on an assessment of the bene-
fits and impacts of the closure, including its size, 
in relation to other management measures (ei-
ther alone or in combination with such meas-
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ures), including the benefits and impacts of lim-
iting access to— 
‘‘(i) users of the area; 
‘‘(ii) overall fishing activity; 
‘‘(iii) fishery science; and 
‘‘(iv) fishery and marine conservation; 
and’’. 
(h) FRAMEWORK AUTHORITY.—Section 304 (16 U.S.C. 
1854) is amended by adding at the end the following: 
‘‘(i) ALTERNATIVE PROCEDURAL MECHANISMS.— 
‘‘(1) In a fishery management plan or amend-
ment, the Council or Secretary, as appropriate, may 
develop alternative procedural mechanisms to be used 
in lieu of plan amendments for implementing con-
servation and management measures. 
‘‘(2) Such mechanisms may allow for abbre-
viated processes for the implementation of regulations 
or other actions as appropriate. 
‘‘(3) Alternative procedural mechanisms shall 
only be approved or adopted for use in situations in 
which— 
‘‘(A) the conservation and management 
measures are within the scope of conservation 
and management measures established in an ex-
isting fishery management plan; 
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