305(h)(5)(B) and available subject to annual appro-
priations. 
‘‘(e) COST RECOVERY.—In establishing a limited ac-
cess privilege program, a Council shall— 
‘‘(1) develop a methodology and the means to 
identify and assess the management, data collection 
and analysis, and enforcement programs that are di-
rectly related to and in support of the program; and 
‘‘(2) provide, under section 304(d)(2), for a 
program of fees paid by limited access privilege hold-
ers that will cover the costs of management, data 
collection and analysis, and enforcement activities. 
‘‘(f) LIMITED DURATION.—In establishing a limited 
access privilege program after the date of enactment of 
the American Fisheries Management and Marine Life En-
hancement Act, a Council may establish— 
‘‘(1) a period of time after which any initial or 
subsequent allocation of a limited access privilege 
shall expire, or various periods for such expiration 
within a fishery if the Council determines that vari-
ation of the periods will further achievement of man-
agement goals; and 
‘‘(2) a mechanism under which participants in 
and entrants to the program may acquire or reac-
quire allocations. 
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‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PUR-
CHASE PROGRAM.— 
‘‘(1) IN GENERAL.—A Council may submit, and 
the Secretary may approve and implement, a pro-
gram that reserves up to 25 percent of any fees col-
lected from a fishery under section 304(d)(2) to be 
used to issue obligations that aid in financing— 
‘‘(A) the purchase of limited access privi-
leges in that fishery by fishermen who fish from 
small vessels; and 
‘‘(B) the first-time purchase of limited ac-
cess privileges in that fishery by entry level 
fishermen. 
‘‘(2) ELIGIBILITY CRITERIA.—A Council mak-
ing a submission under paragraph (1) shall rec-
ommend criteria, consistent with the provisions of 
this Act, that a fisherman must meet to qualify for 
guarantees under subparagraphs (A) and (B) of 
paragraph (1) and the portion of funds to be allo-
cated for guarantees under each subparagraph. 
‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND 
PROGRAMS.—Nothing in this Act, or the amendments 
made by the American Fisheries Management and Marine 
Life Enhancement Act, shall be construed to require a re-
allocation of individual quota shares, fish processor quota 
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shares, cooperative programs, or other quota programs, 
including sector allocation, under development or sub-
mitted by a Council or approved by the Secretary or by 
Congressional action before the date of enactment of 
the.’’. 
(b) 
FEES.—Section 
304(d)(2) 
(16 
U.S.C. 
1854(d)(2)) is amended— 
(1) by redesignating subparagraphs (B) and 
(C) as subparagraphs (F) and (G), respectively; 
(2) in subparagraph (F), as so redesignated, by 
striking ‘‘Such fee’’ and inserting ‘‘A fee under this 
paragraph’’; and 
(3) by striking ‘‘(2)(A)’’ and all that follows 
through the end of subparagraph (A) and inserting 
the following: 
‘‘(2)(A) Notwithstanding paragraph (1), the 
Secretary shall collect from a person that holds or 
transfers an individual quota issued under a limited 
access system established under section 303(b)(6) 
fees established by the Secretary in accordance with 
this section and section 9701(b) of title 31, United 
States Code. 
‘‘(B) The fees required to be established and 
collected by the Secretary under this paragraph are 
the following: 
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‘‘(i) With respect to any initial allocation 
under a limited access system established after 
the date of the enactment of the American 
Fisheries Management and Marine Life En-
hancement Act, an initial allocation fee in an 
amount, determined by the Secretary, equal to 
1 percent of the ex-vessel value of fish author-
ized in one year under an individual quota, that 
shall be collected from the person to whom the 
individual quota is first issued. 
‘‘(ii) An annual fee in an amount, deter-
mined by the Secretary, not to exceed 3 percent 
of the ex-vessel value of fish authorized each 
year under an individual quota share, that shall 
be collected from the holder of the individual 
quota share. 
‘‘(iii) A transfer fee in an amount, deter-
mined by the Secretary, equal to 1 percent of 
the ex-vessel value of fish authorized each year 
under an individual quota share, that shall be 
collected from a person who permanently trans-
fers the individual quota share to another per-
son. 
‘‘(C) In determining the amount of a fee under 
this paragraph, the Secretary shall ensure that the 
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amount is commensurate with the cost of managing 
the fishery with respect to which the fee is collected, 
including reasonable costs for salaries, data analysis, 
and other costs directly related to fishery manage-
ment and enforcement. 
‘‘(D) The Secretary, in consultation with the 
Councils, shall promulgate regulations prescribing 
the method of determining under this paragraph the 
ex-vessel value of fish authorized under an individual 
quota share, the amount of fees, and the method of 
collecting fees. 
‘‘(E) Fees collected under this paragraph from 
holders of individual quotas in a fishery shall be an 
offsetting collection and shall be available to the Sec-
retary only for the purposes of administering and 
implementing this Act with respect to that fishery.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
304(d)(2)(F)(i), as redesignated by subsection (b)(1) of 
this 
section, 
is 
amended 
by 
striking 
‘‘section 
305(h)(5)(B)’’ and all that follows and inserting ‘‘section 
305(h)(5)(B).’’. 
(d) LIMITED ACCESS PRIVILEGE DEFINED.—Sub-
section (a) of section 3 (16 U.S.C. 1802) is further 
amended by inserting after paragraph (23) the following: 
‘‘(23A) The term ‘limited access privilege’— 
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‘‘(A) means a Federal permit, issued as 
part of a limited access system under section 
303A to harvest a quantity of fish that may be 
received or held for exclusive use by a person; 
and 
‘‘(B) includes an individual fishing quota; 
but 
‘‘(C) does not include community develop-
ment quotas as described in section 305(i).’’. 
SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS. 
Section 311 (16 U.S.C. 1861) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
subsection (b)(1)(A)(iv); 
(2) by inserting ‘‘and’’ after the semicolon in 
subsection (b)(1)(A)(v); 
(3) by inserting after clause (v) of subsection 
(b)(1)(A) the following: 
‘‘(vi) access, directly or indirectly, for 
enforcement purposes any data or informa-
tion required to be provided under this 
title or regulations under this title, includ-
ing data from vessel monitoring systems, 
or any similar system, subject to the con-
fidentiality provisions of section 402;’’; 
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(4) by redesignating subsection (h) as sub-
section (j); and 
(5) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) JOINT
FISHERIES
ENFORCEMENT
AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—The Governor of an eligible 
State may apply to the Secretary for execution of a 
joint fisheries enforcement agreement with the Sec-
retary that will authorize the deputization and fund-
ing of State officers with marine fisheries respon-
sibilities to perform duties of the Secretary relating 
to fisheries enforcement provisions under this title or 
any other marine resource law enforced by the Sec-
retary. Upon receiving an application meeting the 
requirements of this subsection, the Secretary may 
enter into a joint fisheries enforcement agreement 
with the requesting State. 
‘‘(2) ELIGIBLE STATE.—A State is eligible to 
participate in the cooperative agreements under this 
section if it is in, or bordering on, the Atlantic 
Ocean (including the Caribbean Sea), the Pacific 
Ocean, the Arctic Ocean, or the Gulf of Mexico. 
‘‘(3) REQUIREMENTS.—Joint fisheries enforce-
ment agreements executed under paragraph (1)— 
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‘‘(A) shall be consistent with the purposes 
and intent of this section to the extent applica-
ble to the regulated activities; and 
‘‘(B) shall provide for confidentiality of 
data and information submitted to the State 
under section 402. 
‘‘(4) ALLOCATION OF FUNDS.—The Secretary 
shall include in each joint fisheries enforcement 
agreement an allocation of funds to assist in man-
agement of the agreement. The allocation shall be 
fairly distributed among all eligible States partici-
pating in cooperative agreements under this sub-
section, based upon consideration of Federal marine 
fisheries needs, the specific marine fisheries con-
servation needs of each participating eligible State, 
and the capacity of the State to undertake the mis-
sion and assist with Federal needs. The agreement 
may provide for amounts to be withheld by the Sec-
retary for the cost of any technical or other assist-
ance provided to the State by the Secretary under 
the agreement. 
‘‘(i) IMPROVED DATA SHARING.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, as soon as practicable but no 
later than 21 months after the date of enactment of 
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the American Fisheries Management and Marine 
Life Enhancement Act, the Secretary shall imple-
ment data-sharing measures to make any data re-
quired to be provided by this Act from vessel moni-
toring systems, or similar systems— 
‘‘(A) directly accessible by State officers 
authorized under subsection (a) of this section; 
and 
‘‘(B) available to a State management 
agency involved in, or affected by, management 
of a fishery if the State has entered into an 
agreement with the Secretary under section 
402(b)(1)(B) of this Act. 
‘‘(2) AGREEMENT
REQUIRED.—The Secretary 
shall promptly enter into an agreement with a State 
under section 402(b)(1)(B) of this Act if— 
‘‘(A) the State provides a written opinion 
or certification that State law allows the State 
to maintain the confidentiality of information 
required by Federal law to be kept confidential; 
or 
‘‘(B) the Secretary is provided other rea-
sonable assurance that the State can and will 
protect the identity or business of any person to 
which such information relates.’’. 
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SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS. 
(a) NORTH PACIFIC RESEARCH PLAN.—Section 313 
(16 U.S.C. 1862) is amended— 
(1) by striking subsections (a), (b), (c), and (d); 
(2) by redesignating existing subsections (e), 
(f), (g), (h), and (i) as subsections (a), (b), (c), (d), 
and (e), respectively; and 
(3) in subsection (c), as so redesignated— 
(A) in paragraph (1) by striking ‘‘North 
Pacific Fishery Observer Fund’’ and inserting 
‘‘Fishery Observer Fund established under sec-
tion 403(e)’’; and 
(B) in paragraph (2)(A) by striking 
‘‘303(b)(10)’’ and inserting ‘‘303(b)(8)’’. 
(b) OBSERVER PROGRAM FUNDING.—Section 403 
(16 U.S.C. 1881(b)) is amended by adding at the end the 
following: 
‘‘(d) OBSERVER PROGRAM FUNDING MECHANISM.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish a funding mechanism to cover the cost of an ob-
server program to monitor any fishery managed 
under this Act or any other Act administered by the 
Secretary, including the Northern Pacific halibut 
fishery. 
‘‘(2) FORM OF MECHANISM.— 
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‘‘(A) The Secretary may exercise broad 
discretion in developing a funding mechanism 
under this subsection, which may include a sys-
tem of fees, payments collected from limited ac-
cess privilege programs, or any other cost recov-
ery mechanism to pay for— 
‘‘(i) the cost of stationing observers 
on board fishing vessels and United States 
fish processors, and 
‘‘(ii) the actual cost of inputting data 
and managing observer databases. 
‘‘(B) The moneys collected under a fund-
ing mechanism established under this sub-
section for an observer program shall be— 
‘‘(i) deposited into the Fishery Ob-
server Fund established under subsection 
(e); and 
‘‘(ii) used only for the observer pro-
gram covering fisheries from which the 
moneys were collected. 
‘‘(e) FISHERY OBSERVER FUND.— 
‘‘(1) ESTABLISHMENT OF FUND.—There is es-
tablished on the books of the Treasury of the United 
States, a fund that shall be known as the Fishery 
Observer Fund (in this subsection referred to as the 
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‘Fund’). The Fund shall be administered by the Sec-
retary of Commerce. The Fund shall be available, 
subject to the availability of appropriations, only to 
the Secretary for purposes of carrying out subsection 
(d). The Fund shall consist of all moneys deposited 
into in it accordance with this section, plus interest 
on those moneys. 
‘‘(2) INVESTMENT OF AMOUNT.— 
‘‘(A) It shall be the duty of the Secretary 
of the Treasury to invest, at the direction of the 
Secretary of Commerce, such portion of the 
Fund that is not currently needed for the pur-
poses of each observer program covering fish-
eries from which moneys were collected under 
subsection (d). 
‘‘(B) Such investments shall be in public 
debt obligations with maturities suitable to the 
needs of the Fund, as determined by the Sec-
retary of Commerce. Investments in public debt 
obligations shall bear interest at rates deter-
mined by the Secretary of the Treasury taking 
into consideration the current market yield on 
outstanding marketable obligations of the 
United States of comparable maturity. 
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‘‘(3) SALE OF OBLIGATION.—Any obligation ac-
quired by the Fund may be sold by the Secretary of 
the Treasury at the direction of the Secretary of 
Commerce at market prices. 
‘‘(f) CONTRIBUTIONS.—For purposes of carrying out 
subsections (d) and (e), the Secretary may accept, solicit, 
receive, hold, administer, and use gifts, devices, contribu-
tions, and bequests. Amounts received under this sub-
section shall be deposited in the Fishery Observer Fund 
established under subsection (c).’’. 
SEC. 10. COMPETING STATUTES. 
(a) REQUIRED
INFORMATION
IN
MANAGEMENT 
PLANS.—Section 303(a) (16 U.S.C. 1853A)) is further 
amended by adding at the end the following: 
‘‘(17) contain information on the Council’s ef-
forts to study, develop, and describe appropriate al-
ternatives to recommend courses of action;’’. 
(b) REQUIRED ANALYSIS IN MANAGEMENT PLANS.— 
Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by 
striking ‘‘describe the likely effects, if any, of the conserva-
tion and management measures on—’’ and inserting ‘‘ana-
lyze the likely effects, if any, including the cumulative con-
servation, economic, and social impacts of, the conserva-
tion and management measures on, and possible mitiga-
tion measures for—’’. 
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(c) COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.— 
(1) IN GENERAL.—Title III (16 U.S.C. 1851 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969. 
‘‘Any fishery management plan, amendment to such 
a plan, or regulation implementing such a plan that is pre-
pared in accordance with applicable provisions of sections 
303 and 304 of this Act may be deemed to have been pre-
pared in compliance with the requirements of section 
102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)) by the Secretary.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is amended by adding at 
the end of the items relating to title III the fol-
lowing: 
‘‘Sec. 315. Compliance with National Environmental Policy Act of 1969.’’. 
(3) EFFECT ON TIME REQUIREMENTS.—Section 
305(e) (16 U.S.C. 1855(E)) is amended by inserting 
‘‘the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.),’’ after ‘‘the Regulatory Flexi-
bility Act (5 U.S.C. 601 et seq.),’’. 
(d) REVIEW
OF FISHERY REGULATIONS
IN NA-
TIONAL MARINE SANCTUARIES.—Section 304 (16 U.S.C. 
1854) is amended by adding at the end the following: 
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‘‘(j) REVIEW OF FISHERY PROPOSED REGULATIONS 
IN NATIONAL MARINE SANCTUARIES.— 
‘‘(1) The Secretary shall review any regulation 
proposed under the National Marine Sanctuaries Act 
(16 U.S.C. 1431 et seq.) for the conservation or 
management of fish (whether or not such fish are 
managed under a fishery management plan), or for 
the conservation or management of essential fish 
habitat identified under section 303. 
‘‘(2) A proposed regulation referred to in para-
graph (1) shall not take effect unless the Secretary 
certifies that the proposed regulation— 
‘‘(A) meets the national standards under 
section 301(a); 
‘‘(B) is consistent with the other provisions 
of this Act; and 
‘‘(C) is consistent with any ecosystem- 
based fishery management plan that includes 
the 
provisions 
authorized 
under 
section 
303(b)(14).’’. 
SEC. 11. DIMINISHED FISHERIES. 
(a) SUBSTITUTION OF ‘‘DIMINISHED’’ FOR ‘‘OVER-
FISHED’’.— 
(1) SUBSTITUTION
OF
TERM.—The Act is 
amended— 
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(A) by striking ‘‘overfished’’ each place it 
appears (other than in subsection (a) of section 
3 of the Act (16 U.S.C. 1802), as amended by 
this Act) and inserting ‘‘diminished’’; and 
(B) in the heading for section 304(e) (16 
U.S.C. 1854(e)) by striking ‘‘OVERFISHED’’ 
and inserting ‘‘DIMINISHED’’. 
(2) DIMINISHED DEFINED.—Subsection (a) of 
section 3 (16 U.S.C. 1802) is further amended— 
(A) by inserting after paragraph (8) the 
following: 
‘‘(8A) The term ‘diminished’ means, with re-
spect to a stock of fish, that the stock is of a size 
that is below the natural range of fluctuation associ-
ated with the production of maximum sustainable 
yield.’’; and 
(B) by amending paragraph (29) to read 
as follows: 
‘‘(29) The term ‘overfishing’ means a rate or 
level of fishing mortality that jeopardizes the capac-
ity of a fishery to produce the maximum sustainable 
yield on a continuing basis.’’. 
(3) DISTINGUISHING
IN
REPORTS.—Section 
304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by 
adding at the end the following: ‘‘The report shall 
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distinguish between fisheries that are diminished (or 
approaching that condition) as a result of fishing 
and fisheries that are diminished (or approaching 
that condition) as a result of factors other than fish-
ing. The report shall state, for each fishery identi-
fied as diminished or approaching that condition, 
whether the fishery is the target of directed fish-
ing.’’. 
(b) DURATION OF MEASURES TO REBUILD DIMIN-
ISHED FISHERIES.—Section 304(e)(4)(A)(ii) of the Mag-
nuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1854(e)(4)(A)(ii)) is amended to read as fol-
lows: 
‘‘(ii) not exceed 10 years, except in 
cases where— 
‘‘(I) the biology of the stock of 
fish, other environmental conditions, 
or management measures under an 
international agreement in which the 
United States participates dictate oth-
erwise; 
‘‘(II) the Secretary determines 
that such 10-year period should be ex-
tended because the cause of the fish-
ery decline is outside the jurisdiction 
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of the Council or the rebuilding pro-
gram cannot be effective only by lim-
iting fishing activities; 
‘‘(III) the Secretary determines 
that such 10-year period should be ex-
tended for one or more diminished 
components of a multi-species fishery; 
or 
‘‘(IV) the Secretary makes sub-
stantial changes to the rebuilding tar-
gets after the rebuilding plan has 
been put in place.’’. 
SEC. 12. NEW PROHIBITED ACTS. 
(a) PROHIBITION ON SALE OR PURCHASE OF REC-
REATIONAL CATCH.—Section 307 (16 U.S.C. 1857) is 
amended by striking ‘‘and’’ after the semicolon at the end 
of paragraph (4), by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’, and by adding at the 
end the following: 
‘‘(6) to sell or purchase any fish caught in rec-
reational fishing.’’. 
(b) PROHIBITION ON USE OF RETIRED VESSEL.— 
Section 307(1) (16 U.S.C. 1857(1)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in sub-
paragraph (O); 
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(2) by striking ‘‘carcass.’’ in subparagraph (P) 
and inserting ‘‘carcass; or’’; and 
(3) by inserting after subparagraph (P) and be-
fore the last sentence the following: 
‘‘(R) to use any fishing vessel to engage in 
fishing in Federal or State waters, or on the 
high seas or the waters of another country, 
after the Secretary has made a payment to the 
owner of that fishing vessel under section 
312(b)(2).’’. 
SEC. 13. FISHERY FAILURES. 
Section 312(a) (16 U.S.C. 1361a) is amended by 
striking ‘‘commercial fishery’’ each place it appears and 
inserting ‘‘fishery’’. 
SEC. 14. EMERGENCY REGULATIONS. 
(a) LENGTHENING
OF SECOND EMERGENCY PE-
RIOD.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 
is amended by striking ‘‘180 days,’’ and inserting ‘‘186 
days,’’. 
(b) 
TECHNICAL
AMENDMENT.—Section 
305(c)(3)(D)) (16 U.S.C. 1855(c)(3)(D)) is amended by 
inserting ‘‘or interim measures’’ after ‘‘emergency regula-
tions’’. 
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SEC. 15. BYCATCH AND SEABIRD INTERACTIONS. 
(a) GEAR GRANT PROGRAM.—Title IV (1 U.S.C. 
1881 et seq.) is further amended by adding at the end 
the following: 
‘‘SEC. 409. GEAR GRANT PROGRAM. 
‘‘(a) IDENTIFICATION OF FISHERIES WITH MOST 
URGENT PROBLEMS.—The Secretary shall— 
‘‘(1) identify those fisheries included in a list 
under subsection (a) that have the most urgent by-
catch problems or seabird interaction problems, 
based on comments received regarding the list; and 
‘‘(2) work in conjunction with the Councils and 
fishing industry participants to develop new fishing 
gear, or modifications to existing fishing gear, that 
will help minimize bycatch and seabird interactions 
to the extent practicable. 
‘‘(b) GRANT AUTHORITY.—The Secretary shall, sub-
ject to the availability of appropriations, make grants for 
the development of fishing gear and modifications to exist-
ing fishing gear that will help— 
‘‘(1) minimize bycatch and seabird interactions; 
and 
‘‘(2) minimize adverse fishing gear impacts on 
habitat areas of particular concern. 
‘‘(c) REPORT.—The Secretary shall report to the 
Congress annually on— 
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‘‘(1) the amount expended to implement this 
section in the preceding year; 
‘‘(2) developments in gear technology achieved 
under this section; 
‘‘(3) the reductions in bycatch associated with 
implementation of this section; and 
‘‘(4) any other relevant information. 
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated to the Secretary $10,000,000 for each of fiscal 
years 2007 through 2011.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by adding at the end of 
the items relating to title IV the following: 
‘‘Sec. 409. Bycatch identification and gear grant program.’’. 
(c) REPORT.—The Secretary of Commerce shall re-
port to the Congress within one year after the date of the 
enactment of this Act on— 
(1) the extent of the problem of seabird inter-
action with fisheries of the United States; 
(2) efforts by the fishing industry and Regional 
Fishery Management Councils to address that prob-
lem; and 
(3) the extent of the problem of seabird inter-
action with fisheries other than the fisheries of the 
United States. 
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(d) INTERNATIONAL
ACTION.—The Secretary of 
Commerce shall take appropriate action at appropriate 
international fisheries management bodies to reduce 
seabird interactions in fisheries. 
SEC. 16. OVER CAPITALIZATION. 
(a) DISCRETION OF SECRETARY TO CONDUCT FISH-
ING CAPACITY REDUCTION PROGRAM.—Section 312(b) 
(16 U.S.C. 1861a(b)) is amended— 
(1) in paragraph (1) by striking ‘‘, at the re-
quest of the appropriate Council for fisheries under 
the authority of such Council, or the Governor of a 
State for fisheries under State authority,’’; 
(2) in paragraph (1), by inserting ‘‘that is man-
aged under a limited access system authorized by 
section 303(b)(6),’’ after ‘‘in a fishery’’; and 
(3) by redesignating paragraph (4) as para-
graph (5), and by inserting after paragraph (3) the 
following: 
‘‘(4) The Council, or the Governor of a State, having 
authority over a fishery may request the Secretary to con-
duct a fishing capacity reduction program in the fishery 
under this subsection.’’. 
(b) REQUIREMENT TO SURRENDER ALL PERMITS.— 
Section 312(b)(2) (16 U.S.C. 1861a(b)(2)) is amended to 
read as follows: 
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‘‘(2)(A) The objective of the program shall be to ob-
tain the maximum sustained reduction in fishing capacity 
at the least cost and in a minimum period of time. 
‘‘(B) To achieve that objective, the Secretary is 
authorized to pay an amount to the owner of a fish-
ing vessel, if— 
‘‘(i) such vessel is scrapped, or through the 
Secretary of the department in which the Coast 
Guard is operating, subjected to title restric-
tions that permanently prohibit and effectively 
prevent its use in fishing; 
‘‘(ii) all permits authorizing the participa-
tion of the vessel in any fishery under the juris-
diction of the United States are surrendered for 
permanent revocation; and 
‘‘(iii) the owner of the vessel and such per-
mits relinquishes any claim associated with the 
vessel and such permits that could qualify such 
owner for any present or future limited access 
system permit in the fishery for which the pro-
gram is established.’’. 
(c) ENSURING VESSELS DO NOT ENTER FOREIGN OR 
HIGH SEAS FISHERIES.—Section 312(b) (16 U.S.C. 
1861a(b)) is further amended by adding at the end the 
following: 
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