In the Senate of the United States,
December 7, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 5946) entitled ‘‘An Act to amend the Magnuson-
Stevens Fishery Conservation and Management Act to au-
thorize activities to promote improved monitoring and compli-
ance for high seas fisheries, or fisheries governed by inter-
national fishery management agreements, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006’’.
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HR 5946 EAS
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Management
Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
TITLE I—CONSERVATION AND MANAGEMENT
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and recovery program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction.
Sec. 122. Conversion to catcher/processor shares.
TITLE II—INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on commercial and recreational fishery habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
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HR 5946 EAS
Sec. 217. Study of shortage in the number of individuals with post- baccalaureate
degrees in subjects related to fishery science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.
TITLE III—OTHER FISHERIES STATUTES
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries Acts.
TITLE IV—INTERNATIONAL
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and reduce by-
catch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
TITLE VI—PACIFIC WHITING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.
TITLE VII—MISCELLANEOUS
Sec. 701. Study of the acidification of the oceans and effect on fisheries.
Sec. 702. Rule of construction.
Sec. 703. Puget Sound regional shellfish settlement.
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HR 5946 EAS
TITLE VIII—TSUNAMI WARNING AND EDUCATION
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
Sec. 808. Authorization of appropriations.
TITLE IX—POLAR BEARS
Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY
CONSERVATION AND MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) ECOSYSTEMS.—Section 2(a) (16 U.S.C. 1801(a))
is amended by adding at the end the following:
‘‘(11) A number of the Fishery Management
Councils have demonstrated significant progress in
integrating ecosystem considerations in fisheries man-
agement using the existing authorities provided under
this Act.’’.
(b) IN GENERAL.—Section 3 (16 U.S.C. 1802) is
amended—
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HR 5946 EAS
(1) by inserting after paragraph (13) the fol-
lowing:
‘‘(13A) The term ‘regional fishery association’
means an association formed for the mutual benefit of
members—
‘‘(A) to meet social and economic needs in
a region or subregion; and
‘‘(B) comprised of persons engaging in the
harvest or processing of fishery resources in that
specific region or subregion or who otherwise
own or operate businesses substantially depend-
ent upon a fishery.’’;
(2) by inserting after paragraph (20) the fol-
lowing:
‘‘(20A) The term ‘import’—
‘‘(A) means to land on, bring into, or intro-
duce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdic-
tion of the United States, whether or not such
landing, bringing, or introduction constitutes an
importation within the meaning of the customs
laws of the United States; but
‘‘(B) does not include any activity described
in subparagraph (A) with respect to fish caught