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the purpose of entering into bilateral and multilateral
treaties with such countries to protect such species;
‘‘(3) seek agreements calling for international re-
strictions on fishing activities or practices described
in subsection (a) through the United Nations, the
Food and Agriculture Organization’s Committee on
Fisheries, and appropriate international fishery man-
agement bodies; and
‘‘(4) initiate the amendment of any existing
international treaty for the protection and conserva-
tion of such species to which the United States is a
party in order to make such treaty consistent with the
purposes and policies of this section.
‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.—
‘‘(1) DETERMINATION.—The Secretary shall es-
tablish a procedure consistent with the provisions of
subchapter II of chapter 5 of title 5, United States
Code, for determining whether the government of a
harvesting nation identified under subsection (a) and
listed in the report under section 607—
‘‘(A) has provided documentary evidence of
the adoption of a regulatory program governing
the conservation of the protected living marine
resource that is comparable to that of the United
States, taking into account different conditions,
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and which, in the case of pelagic longline fish-
ing, includes mandatory use of circle hooks, care-
ful handling and release equipment, and train-
ing and observer programs; and
‘‘(B) has established a management plan
containing requirements that will assist in gath-
ering species-specific data to support inter-
national stock assessments and conservation en-
forcement efforts for protected living marine re-
sources.
‘‘(2) PROCEDURAL
REQUIREMENT.—The proce-
dure established by the Secretary under paragraph
(1) shall include notice and opportunity for comment
by any such nation.
‘‘(3) CERTIFICATION.—The Secretary shall cer-
tify to the Congress by January 31, 2007, and bienni-
ally thereafter whether each such nation has provided
the documentary evidence described in paragraph
(1)(A) and established a management plan described
in paragraph (1)(B).
‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary
shall establish a procedure for certification, on a ship-
ment-by-shipment, shipper-by-shipper, or other basis
of fish or fish products from a vessel of a harvesting
nation not certified under paragraph (3) if the Sec-
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retary determines that such imports were harvested by
practices that do not result in bycatch of a protected
marine species, or were harvested by practices that—
‘‘(A) are comparable to those of the United
States, taking into account different conditions,
and which, in the case of pelagic longline fish-
ing, includes mandatory use of circle hooks, care-
ful handling and release equipment, and train-
ing and observer programs; and
‘‘(B) include the gathering of species specific
data that can be used to support international
and regional stock assessments and conservation
efforts for protected living marine resources.
‘‘(5) EFFECT
OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and (4)
of this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))
(except to the extent that such provisions apply to
sport fishing equipment or fish or fish products not
caught by the vessels engaged in illegal, unreported, or
unregulated fishing) shall apply to any nation identi-
fied under subsection (a) that has not been certified
by the Secretary under this subsection, or for which
the Secretary has issued a negative certification
under this subsection, but shall not apply to any na-
tion identified under subsection (a) for which the Sec-
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retary has issued a positive certification under this
subsection.
‘‘(d) INTERNATIONAL
COOPERATION
AND
ASSIST-
ANCE.—To the greatest extent possible consistent with exist-
ing authority and the availability of funds, the Secretary
shall—
‘‘(1) provide appropriate assistance to nations
identified by the Secretary under subsection (a) and
international organizations of which those nations are
members to assist those nations in qualifying for cer-
tification under subsection (c);
‘‘(2) undertake, where appropriate, cooperative
research activities on species statistics and improved
harvesting techniques, with those nations or organiza-
tions;
‘‘(3) encourage and facilitate the transfer of ap-
propriate technology to those nations or organizations
to assist those nations in qualifying for certification
under subsection (c); and
‘‘(4) provide assistance to those nations or orga-
nizations in designing and implementing appropriate
fish harvesting plans.
‘‘(e) PROTECTED LIVING MARINE RESOURCE DE-
FINED.—In this section the term ‘protected living marine
resource’—
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‘‘(1) means non-target fish, sea turtles, or ma-
rine mammals that are protected under United States
law or international agreement, including the Marine
Mammal Protection Act, the Endangered Species Act,
the Shark Finning Prohibition Act, and the Conven-
tion on International Trade in Endangered Species of
Wild Flora and Fauna; but
‘‘(2) does not include species, except sharks, man-
aged under the Magnuson-Stevens Fishery Conserva-
tion and Management Act, the Atlantic Tunas Con-
vention Act, or any international fishery management
agreement.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary for fiscal
years 2007 through 2013 such sums as are necessary to
carry out this section.‘‘.
(b) CONFORMING AMENDMENTS.—
(1) DENIAL
OF
PORT
PRIVILEGES.—Section
101(b) of the High Seas Driftnet Fisheries Enforce-
ment Act (16 U.S.C. 1826a(b)) is amended by insert-
ing ‘‘or illegal, unreported, or unregulated fishing‘‘
after ‘‘fishing‘‘ in paragraph (1)(A)(i), paragraph
(1)(B), paragraph (2), and paragraph (4)(A)(i).
(2) DURATION OF DENIAL.—Section 102 of the
High Seas Driftnet Fisheries Enforcement Act (16