sources can provide adequate information about 
recreational fishing; and 
‘‘(C) develop and implement a program for 
the use of recreational catch data for all feder-
ally managed fisheries. 
‘‘(2) The Secretary shall conduct the program 
under paragraph (1)(C) in consultation with the 
principal State officials having marine fishery man-
agement responsibility and expertise. 
‘‘(3) The Secretary may provide financial as-
sistance to States for which no recreational saltwater 
license is in place to develop such a license. There 
is authorized to be appropriated to the Secretary to 
provide such assistance $5,000,000, which shall re-
main available until expended. 
‘‘(4) The Secretary shall report to the Congress 
within three years after the effective date of this 
subsection, on— 
‘‘(A) the progress made in developing a 
program under paragraph (1)(C); and 
‘‘(B) whether the program has resulted in 
significantly better data for management of rec-
reational fishing.’’. 
(c) CONFIDENTIALITY OF INFORMATION.— 
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(1) IN GENERAL.—Section 402(b) (16 U.S.C. 
1881a(b)) is amended— 
(A) by redesignating paragraph (2) as 
paragraph (4) and resetting it 2 ems from the 
left margin; 
(B) by striking all preceding paragraph 
(4), as so redesignated, and inserting the fol-
lowing: 
‘‘(b) CONFIDENTIALITY OF INFORMATION.— 
‘‘(1) Any information submitted to the Sec-
retary, a State fishery management agency, or a 
Marine Fisheries Commission by any person in com-
pliance with the requirements of this Act, including 
confidential information, shall be exempt from dis-
closure under section 552(b)(3) of title 5, United 
States Code, except— 
‘‘(A) to Federal employees and Council em-
ployees who are responsible for fishery manage-
ment plan development, monitoring, or enforce-
ment; 
‘‘(B) to State or Marine Fisheries Commis-
sion employees as necessary for achievement of 
the purposes of this Act, subject to a confiden-
tiality agreement between the State or commis-
sion, as appropriate, and the Secretary that 
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prohibits public disclosure of confidential infor-
mation relating to any person; 
‘‘(C) to any State employee who is respon-
sible for fishery management plan enforcement, 
if the State employing that employee has en-
tered into a fishery enforcement agreement with 
the Secretary and the agreement is in effect; 
‘‘(D) if such information is used by State, 
Council, or Marine Fisheries Commission em-
ployees to verify catch under a limited access 
program, but only to the extent that such use 
is consistent with subparagraph (B); 
‘‘(E) if the Secretary has obtained written 
authorization from the person submitting such 
information to release such information to per-
sons for reasons not otherwise provided for in 
this subsection, and such release does not vio-
late any other requirement of this Act; or 
‘‘(F) if such information is required to be 
submitted to the Secretary for any determina-
tion under a limited access program. 
‘‘(2) Any observer information, Vessel Moni-
toring System, or other technology used on-board for 
enforcement or data collection purposes, shall be 
confidential and shall not be disclosed, except— 
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‘‘(A) in accordance with the requirements 
of subparagraphs (A) through (F) of paragraph 
(1); 
‘‘(B) as authorized by a fishery manage-
ment plan or regulations under the authority of 
the North Pacific Council to allow disclosure to 
the public of weekly summary bycatch informa-
tion identified by vessel or for haul-specific by-
catch information without vessel identification; 
‘‘(C) when such information is necessary in 
proceedings to adjudicate observer certifi-
cations; or 
‘‘(D) as authorized by any regulations 
issued under paragraph (4) allowing the collec-
tion of observer information, pursuant to a con-
fidentiality agreement between the observers, 
observer employers, and the Secretary prohib-
iting disclosure of the information by the ob-
servers or observer employers, in order— 
‘‘(i) to allow the sharing of observer 
information among observers and between 
observers and observer employers as nec-
essary to train and prepare observers for 
deployments on specific vessels; or 
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‘‘(ii) to validate the accuracy of the 
observer information collected. 
‘‘(3) The Secretary may enter into a memo-
randum of understanding with the heads of other 
Federal agencies for the sharing of confidential in-
formation for purposes of this Act, such as Vessel 
Monitoring System or other electronic monitoring 
systems, if the Secretary determines there is a com-
pelling need to do so and if the heads of the other 
Federal agencies agree to maintain the confiden-
tiality of the information in accordance with the re-
quirements that apply to the Secretary under this 
section.’’; and 
(C) in paragraph (3), as so redesignated, 
by striking ‘‘(1)(E).’’ and inserting ‘‘(2)(B).’’. 
(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 
following: 
‘‘(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 
Secretary.’’; 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 ob-
servations), and video, audio, photographic, or writ-
ten documents.’’. 
(d) SOCIOECONOMIC
DATA
COLLECTION
ACTIVI-
TIES.—Section 402 (16 U.S.C. 1881a) is further amended 
by adding at the end the following: 
‘‘(g) 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 au-
thorized to be appropriated to the Secretary, in addi-
tion to other amounts authorized, $2,000,000 for 
each fiscal 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 
interest areas including conservation organizations and 
the seafood consuming public, if the Governor has deter-
mined that each such individual is qualified under the re-
quirements 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 Enhance-
ment Act, the Secretary, in consultation with the 
Councils and the National Sea Grant College Pro-
gram, shall develop a training course for newly ap-
pointed Council members. The course may cover a 
variety of topics relevant 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 West-
ern Pacific indigenous communities; 
‘‘(E) legal requirements of this Act, includ-
ing conflict of interest and disclosure provisions 
of this section and related policies; 
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‘‘(F) other relevant legal and regulatory 
requirements, including the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.); 
‘‘(G) public process for development of 
fishery management plans; 
‘‘(H) recreational and commercial fishing 
information including fish harvesting tech-
niques, gear types, fishing vessel types, and eco-
nomics, for the fisheries within each Council’s 
jurisdiction; 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 
American Fisheries Management and Marine Life 
Enhancement Act must complete the training course 
developed under this subsection.’’. 
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(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 following: 
‘‘(14) contain research, conservation, and man-
agement measures that encompass more than one 
fishery and are for the purpose of managing the 
fishery resources concerned under an ecosystem- 
based management system;’’. 
(d) AUTHORITY TO REQUIRE VESSEL MONITORING 
SYSTEMS.—Section 303 (16 U.S.C. 1853) 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 man-
agement plan or for data collection necessary for the 
monitoring of a fishery— 
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‘‘(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). 
‘‘(2) LIABILITY
FOR
SANCTIONS.—A fishing 
vessel that is required to have an observer onboard 
pursuant 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 ob-
server 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 fol-
lowing: 
‘‘(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 
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‘‘(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;’’. 
(g) HABITAT AREAS OF PARTICULAR CONCERN.— 
(1) 
IDENTIFICATION.—Section 
303(b) 
(16 
U.S.C. 1853(b)) is further amended by adding at 
the end the following: 
‘‘(17) identify habitat areas of particular con-
cern;’’. 
(2) DEFINITION.—Section 3 (16 U.S.C. 1802) 
is further amended in subsection (a) by inserting 
after paragraph (18) the following: 
‘‘(18A) The term ‘habitat area of particular 
concern’ means a discrete habitat area that is essen-
tial fish habitat and that— 
‘‘(A) provides important ecological func-
tions; 
‘‘(B) is sensitive to human-induced envi-
ronmental degradation; or 
‘‘(C) is a rare habitat type.’’. 
(h) 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: 
‘‘(18) designate closed areas, seasonal closures, 
time/area closures, gear restrictions, or other meth-
ods for limiting impacts on habitat, limit bycatch 
impacts 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 infor-
mation available; 
‘‘(B) includes criteria to assess the con-
servation 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 ben-
efits and impacts of the closure, including its 
size, in relation to other management measures 
(either 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 conserva-
tion;’’. 
(i) FRAMEWORK
AUTHORITY.—Section 304 (16 
U.S.C. 1854) is amended by adding at the end the fol-
lowing: 
‘‘(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 
conservation and management measures. 
‘‘(2) Such mechanisms may allow for abbre-
viated processes for the implementation of regula-
tions 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 
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and management measures established in an ex-
isting fishery management plan; 
‘‘(B) otherwise applicable regulatory proc-
esses are not sufficient to allow timely and effi-
cient implementation of conservation and man-
agement measures in response to new informa-
tion; and 
‘‘(C) notice of the conservation and man-
agement measures is provided appropriate to 
the significance of the expected impacts on af-
fected fishery resources and on the participants 
in the fishery. 
‘‘(4) Any final agency action taken pursuant to 
the alternative procedural mechanism must be 
promptly published in the Federal Register. 
‘‘(5) If the alternative procedural mechanism is 
approved by the Secretary pursuant to section 
304(a), or adopted by the Secretary pursuant to sec-
tion 304(c) or (g) and implemented through regula-
tions, any regulation issued or other action taken 
pursuant to the alternative procedural mechanism 
need not comply with the rulemaking provisions of 
section 304(b), (c), or (g) of this Act, or section 
553(b) through (d) of title 5, United States Code.’’. 
(j) COUNCIL MEETING NOTICE.— 
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(1) REGULAR AND EMERGENCY MEETINGS.— 
The first sentence of section 302(i)(2)(C) (16 U.S.C. 
1852(i)(2)(C)) is amended— 
(A) by striking ‘‘published in local news-
papers’’ and inserting ‘‘provided by any means 
that will result in wide publicity (except that e- 
mail notification and Web site postings alone 
are not sufficient)’’; and 
(B) by striking ‘‘fishery) and such notice 
may be given by such other means as will result 
in wide publicity.’’ and inserting ‘‘fishery).’’. 
(2) CLOSED MEETINGS.—Section 302(i)(3)(B) 
(16 U.S.C. 1852(i)(3)(B)) is amended by striking 
‘‘notify local newspapers’’ and inserting ‘‘provide no-
tice by any means that will result in wide publicity’’. 
(k) CARIBBEAN COUNCIL JURISDICTION.—Section 
302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by 
inserting ‘‘and of commonwealths, territories, and posses-
sions of the United States in the Caribbean Sea’’ after 
‘‘seaward of such States’’. 
(l) COUNCIL COORDINATION COMMITTEE.—Section 
302 (16 U.S.C. 1852) is further amended by adding at 
the end the following: 
‘‘(l) COUNCIL
COORDINATION
COMMITTEE.—The 
Councils may establish a Council coordination committee 
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to discuss issues of relevance to all Councils, including 
issues related to the implementation of this Act. The com-
mittee shall consist of the chairs, vice chairs, and executive 
directors of each of the Councils described in subsection 
(a)(1), or other Council members or staff.’’. 
SEC. 6. ECOSYSTEM-BASED FISHERY MANAGEMENT. 
(a) POLICY.—Section 2(c) (16 U.S.C. 1851(c)) is 
amended by striking ‘‘and’’ after the semicolon at the end 
of paragraph (6), by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(8) to support and encourage efforts to under-
stand the interactions of species in the marine envi-
ronment and the development of ecosystem-based 
approaches to fisheries conservation and manage-
ment that will lead to better stewardship and sus-
tainability of the Nation’s coastal fishery resources 
and fishing communities.’’. 
(b) AUTHORIZATION OF RESEARCH.—Section 404(c) 
(16 U.S.C. 1881c(c)) is amended by adding at the end 
the following: 
‘‘(5) The interaction of species in the marine 
environment, and the development of ecosystem- 
based approaches to fishery conservation and man-
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agement that will lead to better stewardship and 
sustainability of coastal fishery resources.’’. 
(c) REGULATIONS DEFINING TERMS.—The Secretary 
of Commerce shall, in conjunction with the Regional Fish-
ery Management Councils and based on the recommenda-
tions of the Ecosystems Principles Advisory Panel in the 
report entitled ‘‘Ecosystem-based Fishery Management. A 
report to Congress by the Ecosystem Principles Advisory 
Panel’’ and dated April 1999, and after provision of notice 
and an opportunity for public comment, issue regulations 
that establish definitions of the terms ‘‘ecosystem’’ and 
‘‘marine ecosystem’’ for purposes of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(d) REGIONAL ECOSYSTEM RESEARCH.—Section 406 
(16 U.S.C. 1882) is amended by adding at the end the 
following: 
‘‘(f) REGIONAL ECOSYSTEM RESEARCH.— 
‘‘(1) STUDY.—Within 180 days after the date 
of enactment of the , the Secretary, in consultation 
with the Councils, shall undertake and complete a 
study on the state of the science for advancing the 
concepts and integration of ecosystem considerations 
in regional fishery management. The study should 
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build upon the recommendations of the advisory 
panel and include— 
‘‘(A) recommendations for scientific data, 
information and technology requirements for 
understanding ecosystem processes, and meth-
ods for integrating such information from a va-
riety of Federal, State, and regional sources; 
‘‘(B) recommendations for processes for in-
corporating broad stake holder participation; 
‘‘(C) recommendations for processes to ac-
count for effects of environmental variation on 
fish stocks and fisheries; and 
‘‘(D) a description of existing and devel-
oping Council efforts to implement ecosystem 
approaches, including lessons learned by the 
Councils. 
‘‘(2) IDENTIFICATION OF MARINE ECOSYSTEMS; 
RESEARCH PLAN.— 
‘‘(A) IN GENERAL.—Within one year after 
the date of the publication of the study under 
paragraph (1), the Secretary, in conjunction 
with the regional science centers of the National 
Marine Fisheries Service and the Councils, 
shall— 
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‘‘(i) identify specific marine eco-
systems within each region for which a 
Council is established by section 302(a); 
and 
‘‘(ii) develop and begin to implement 
regional research plans to address the in-
formation deficiencies identified by the 
study. 
‘‘(B) RESEARCH
PLANS.—The research 
plans shall suggest reasonable timeliness and 
cost estimates for the collection of the required 
information. 
‘‘(C) REPORTS.—The Secretary shall re-
port to the Congress annually on the progress 
of the regional research plans. 
‘‘(3) AGENCY TECHNICAL ADVICE AND ASSIST-
ANCE, REGIONAL PILOT PROGRAMS.—The Secretary 
is authorized to provide necessary technical advice 
and assistance, including grants, to the Councils for 
the development and design of regional pilot pro-
grams that build upon the recommendations of the 
advisory panel and, when completed, the study.’’. 
SEC. 7. LIMITED ACCESS PRIVILEGE PROGRAMS. 
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) 
is amended— 
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(1) by striking section 303(d); and 
(2) by inserting after section 303 the following: 
‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 
‘‘(a) IN GENERAL.—After the date of enactment of 
the American Fisheries Management and Marine Life En-
hancement Act, a Council may submit, and the Secretary 
may approve, for a fishery that is managed under a limited 
access system, a limited access privilege program to har-
vest fish if the program meets the requirements of this 
section. 
‘‘(b) NO CREATION OF RIGHT, TITLE, OR INTER-
EST.—A limited access system, limited access privilege, 
quota share, or other authorization established, imple-
mented, or managed under this Act— 
‘‘(1) shall be considered a permit for the pur-
poses of sections 307, 308, and 309; 
‘‘(2) may be revoked, limited, or modified at 
any time in accordance with this Act, including rev-
ocation for failure to comply with the terms of the 
plan or if the system is found to have jeopardized 
the sustainability of the stock or the safety of fisher-
men; 
‘‘(3) shall not confer any right of compensation 
to the holder of such limited access privilege, quota 
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share, or other such limited access system authoriza-
tion if it is revoked, limited, or modified; 
‘‘(4) shall not create, or be construed to create, 
any right, title, or interest in or to any fish before 
the fish is harvested by the holder; and 
‘‘(5) shall be considered a grant of permission 
to the holder of the limited access privilege or quota 
share to engage in activities permitted by such lim-
ited access privilege or quota share. 
‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVI-
LEGES.— 
‘‘(1) IN GENERAL.—In addition to complying 
with the other requirements of this Act, any limited 
access privilege program to harvest fish submitted 
by a Council or approved by the Secretary under 
this section shall— 
‘‘(A) if established in a fishery that is over-
fished or subject to a rebuilding plan, assist in 
its rebuilding; 
‘‘(B) if established in a fishery that is de-
termined by the Secretary or the Council to 
have over-capacity, contribute to reducing ca-
pacity; 
‘‘(C) promote— 
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‘‘(i) the safety of human life at sea; 
and 
‘‘(ii) the conservation and manage-
ment of the fishery; 
‘‘(D) prohibit any person other than a 
United States citizen, a corporation, partner-
ship, or other entity established under the laws 
of the United States or any State, or a perma-
nent resident alien, that meets the eligibility 
and participation requirements established in 
the program from acquiring a privilege to har-
vest fish; 
‘‘(E) specify the goals of the program; 
‘‘(F) include provisions for the regular 
monitoring and review by the Council and the 
Secretary of the operations of the program, in-
cluding determining progress in meeting the 
goals of the program and this Act, and any nec-
essary modification of the program to meet 
those goals, with a formal and detailed review 
5 years after the establishment of the program 
and every 5 years thereafter; 
‘‘(G) include an effective system for en-
forcement, monitoring, and management of the 
program, including the use of observers; 
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‘‘(H) include an appeals process for admin-
istrative review of determinations with respect 
to the Secretary’s decisions regarding adminis-
tration of the limited access privilege program; 
and 
‘‘(I) provide for the revocation by the Sec-
retary of limited access privileges held by any 
person found to have violated the antitrust laws 
of the United States. 
‘‘(2) FISHING COMMUNITIES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) ELIGIBILITY.—To be eligible to 
participate in a limited access privilege 
program to harvest fish, a fishing commu-
nity shall— 
‘‘(I) be located within the man-
agement area of the relevant Council; 
‘‘(II) meet criteria developed by 
the relevant Council, approved by the 
Secretary, and published in the Fed-
eral Register; 
‘‘(III) consist of residents of the 
management area of the relevant 
Council who conduct commercial or 
recreational fishing, fish processing, 
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or fishery-dependent support busi-
nesses within such area; and 
‘‘(IV) develop and submit a com-
munity sustainability plan to the 
Council and the Secretary that dem-
onstrates how the plan will address 
the social and economic development 
needs of fishing communities, includ-
ing those that have not historically 
had the resources to participate in the 
fishery, for approval by the Council 
based on criteria developed by the 
Council that have been approved by 
the Secretary and published in the 
Federal Register. 
‘‘(ii) FAILURE
TO
COMPLY
WITH 
PLAN.—The Secretary shall deny or revoke 
limited access privileges for a person that 
were granted to a fishing community, if 
the person fails to comply with the require-
ments of the community sustainability plan 
approved by the relevant Council under 
clause (i)(IV). 
‘‘(B) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible commu-
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nities under this paragraph, a Council shall 
consider— 
‘‘(i) traditional fishing or fish proc-
essing practices in, and dependence on, the 
fishery; 
‘‘(ii) the cultural and social frame-
work relevant to the fishery; 
‘‘(iii) economic barriers to access to 
fishery; 
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access 
privilege programs on harvesters, fishing 
vessel captains and crews, fish processors, 
and other businesses substantially depend-
ent upon the fishery in the region or sub-
region; 
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of 
the community sustainability plan; and 
‘‘(vi) the potential for improving eco-
nomic conditions in remote coastal commu-
nities lacking resources to participate in 
harvesting or fish processing activities in 
the fishery. 
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‘‘(3) REGIONAL FISHERY ASSOCIATIONS.— 
‘‘(A) IN GENERAL.—To be eligible to par-
ticipate in a limited access privilege program to 
harvest fish, a regional fishery association 
shall— 
‘‘(i) be located within the management 
area of the relevant Council; 
‘‘(ii) meet criteria developed by the 
relevant Council, approved by the Sec-
retary, and published in the Federal Reg-
ister; 
‘‘(iii) be a voluntary association with 
established by-laws and operating proce-
dures consisting of participants in the fish-
ery, including commercial or recreational 
fishing, fish processing, fishery-dependent 
support businesses, or fishing communities; 
and 
‘‘(iv) develop and submit a regional 
fishery association plan to the Council and 
the Secretary for approval by the Council 
based on criteria developed by the Council 
that have been approved by the Secretary 
and published in the Federal Register. 
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‘‘(B) FAILURE TO COMPLY WITH PLAN.— 
The Secretary shall deny or revoke limited ac-
cess privileges for a person that were granted to 
a fishery association, if the person fails to com-
ply with the requirements of the regional fish-
ery association plan approved by the relevant 
Council under subparagraph (A)(iv). 
‘‘(C) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible regional 
fishery associations under this paragraph, a 
Council shall consider— 
‘‘(i) traditional fishing or fish proc-
essing practices in, and dependence on, the 
fishery; 
‘‘(ii) the cultural and social frame-
work relevant to the fishery; 
‘‘(iii) economic barriers to access to 
fishery; 
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access 
privilege programs on harvesters, captains, 
crew, fish processors, and other businesses 
substantially dependent upon the fishery in 
the region or subregion, upon the adminis-
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trative and fiduciary soundness of the as-
sociation and its by-laws; and 
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of 
the fishery association plan. 
‘‘(4) ALLOCATION.—In developing a limited ac-
cess privilege program to harvest fish a Council or 
the Secretary shall— 
‘‘(A) establish procedures to ensure fair 
and equitable initial allocations, including con-
sideration of— 
‘‘(i) current and historical harvests; 
‘‘(ii) employment in the harvesting 
and fish processing sectors; 
‘‘(iii) investments in, and dependence 
upon, the fishery; and 
‘‘(iv) the current and historical par-
ticipation of fishing communities; 
‘‘(B) to the extent practicable, consider the 
basic cultural and social framework of the fish-
ery, especially through the development of poli-
cies to promote the sustained participation of 
small owner-operated fishing vessels and fishing 
communities that depend on the fisheries, in-
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cluding regional or port-specific landing or de-
livery requirements; 
‘‘(C) include measures to assist, when nec-
essary and appropriate, entry-level and small 
vessel operators, captains, crew, and fishing 
communities through set-asides of harvesting 
allocations, including providing privileges and, 
where appropriate, recommending the provision 
of economic assistance in the purchase of lim-
ited access privileges to harvest fish; 
‘‘(D) ensure that limited access privilege 
holders do not acquire an excessive share of the 
total limited access privileges in the program 
by— 
‘‘(i) establishing a maximum share, 
expressed as a percentage of the total lim-
ited access privileges, that a limited access 
privilege holder is permitted to hold, ac-
quired, or use; and 
‘‘(ii) establishing any other limitations 
or measures necessary to prevent an in-
equitable concentration of limited access 
privileges; 
‘‘(E) establish procedures to address geo-
graphic or other consolidation in both the har-
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vesting and fish processing sectors of the fish-
ery; and 
‘‘(F) authorize limited access privileges to 
harvest fish to be held, acquired, or used by or 
issued under the system to persons who sub-
stantially participate in the fishery, as specified 
by the Council, including, as appropriate, fish-
ing vessel owners, vessel captains, vessel crew 
members, fishing communities, and regional 
fishery associations. 
‘‘(5) PROGRAM INITIATION.— 
‘‘(A) LIMITATION.—Except as provided in 
subparagraph (D), a Council may initiate a 
fishery management plan or amendment to es-
tablish a limited access privilege program to 
harvest fish on its own initiative or if the Sec-
retary has certified an appropriate petition. 
‘‘(B) PETITION.—A group of fishermen 
constituting more than 50 percent of the permit 
holders, or holding more than 50 percent of the 
allocation, in the fishery for which a limited ac-
cess privilege program to harvest fish is sought, 
may submit a petition to the Secretary request-
ing that the relevant Council or Councils with 
authority over the fishery be authorized to ini-
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tiate the development of the program. Any such 
petition shall clearly state the fishery to which 
the limited access privilege program would 
apply. For multispecies permits in the Gulf, 
only those participants who have substantially 
fished the species proposed to be included in the 
limited access program shall be eligible to sign 
a petition for such a program and shall serve 
as the basis for determining the percentage de-
scribed in the first sentence of this subpara-
graph. 
‘‘(C) CERTIFICATION
BY
SECRETARY.— 
Upon the receipt of any such petition, the Sec-
retary shall review all of the signatures on the 
petition and, if the Secretary determines that 
the signatures on the petition represent more 
than 50 percent of the permit holders, or hold-
ers of more than 50 percent of the allocation in 
the fishery, as described by subparagraph (B), 
the Secretary shall certify the petition to the 
appropriate Council or Councils. 
‘‘(D) NEW ENGLAND REFERENDUM.— 
‘‘(i) The New England Council may 
not submit, and the Secretary may not ap-
prove or implement, a fishery management 
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plan or amendment that creates an indi-
vidual fishing quota program, including a 
Secretarial plan, unless such a system, as 
ultimately developed, has been approved by 
more than 2⁄3 of those voting in a ref-
erendum among eligible permit holders 
with respect to the New England Council. 
If an individual fishing quota program fails 
to be approved by the requisite number of 
those voting, it may be revised and sub-
mitted for approval in a subsequent ref-
erendum. 
‘‘(ii) The Secretary shall conduct a 
referendum under this subparagraph, in-
cluding notifying all persons eligible to 
participate in the referendum and making 
available to them information concerning 
the schedule, procedures, and eligibility re-
quirements for the referendum process and 
the proposed individual fishing quota pro-
gram. Within 1 year after the date of en-
actment of the American Fisheries Man-
agement and Marine Life Enhancement 
Act, the Secretary shall publish guidelines 
and procedures to determine procedures 
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and voting eligibility requirements for 
referenda and to conduct such referenda in 
a fair and equitable manner. 
‘‘(E) GULF OF MEXICO.—The provisions of 
section 407(c) of this Act shall apply in lieu of 
this paragraph for an individual fishing quota 
program for the Gulf of Mexico commercial red 
snapper fishery. 
‘‘(F) OTHER LAW.—Chapter 35 of title 44, 
United States Code, (commonly known as the 
Paperwork Reduction Act) does not apply to 
the referenda conducted under this subpara-
graph. 
‘‘(6) TRANSFERABILITY.—In establishing a lim-
ited access privilege program, a Council shall— 
‘‘(A) establish a policy on the transfer-
ability of 
limited 
access 
privilege 
shares 
(through sale or lease), including a policy on 
any conditions that apply to the transferability 
of limited access privilege shares that is con-
sistent with the policies adopted by the Council 
for the fishery under paragraph (2); and 
‘‘(B) establish criteria for the approval and 
monitoring of transfers (including sales and 
leases) of limited access privilege shares. 
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‘‘(7) PREPARATION AND IMPLEMENTATION OF 
SECRETARIAL PLANS.—This subsection also applies 
to a plan prepared and implemented by the Sec-
retary under section 304(g). 
‘‘(8) LIMITATION ON FEDERAL AGENCIES AND 
OFFICIALS.—A Federal agency or official may not 
hold, administer, or reallocate an individual quota 
issued under a fishery management plan under this 
section, other than the Secretary and the Council 
having authority over the fishery for which the indi-
vidual quota is issued. 
‘‘(d) AUCTION AND OTHER PROGRAMS.—In estab-
lishing a limited access privilege program, a Council may 
consider, and provide for, if appropriate, an auction sys-
tem or other program to collect royalties for the initial, 
or any subsequent, distribution of allocations in a limited 
access privilege program if— 
‘‘(1) the system or program is administered in 
such a way that the resulting distribution of limited 
access privilege shares meets the program require-
ments of subsection (c)(2)(A); and 
‘‘(2) revenues generated through such a royalty 
program are deposited in the Limited Access System 
Administration 
Fund 
established 
by 
section 
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