ing the months of June, July, and August to determine
if there has been a substantial net increase in the number
of vessels or effort from the remaining pelagic longline
fleet and whether that net increase is causing significant
negative impact on the recreational billfish catch. In the
event the Secretary so finds, the Secretary shall imme-
diately report the finding to the Committee on Commerce,
Science and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives along
with his recommendations to address the impact.
(d) REPORT TO CONGRESS.—No later than the 90th
calendar day after the third year of closure of the Gulf
Of Mexico Conservation Zone For Highly Migratory Spe-
cies under section 6(c), the Secretary shall submit a report
on the Program’s determinations to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representa-
tives. The report shall include any recommendations for
legislation that may be appropriate prior to the expiration
of the closure of the Gulf Of Mexico Conservation Zone
For Highly Migratory Species.
SEC. 12. INTERIM REGULATIONS.
(a) INTERIM REGULATIONS.—The Secretary may not
propose, approve, or implement before a date that is either
one year after the date on which the Secretary submits
the report to Congress on the results of the Billfish By-
catch Mortality Reduction Research Program under sec-
tion 11(c) or 4 years after the date of enactment of this
Act, whichever is later, any rules or regulations that have
the effect of establishing any time-area closures for pelagic
longline fishing in the Atlantic by United States fishing
vessels that are in addition to, or otherwise expand, those
time-area closures established under this Act.
(b) EXCEPTION.—The prohibition set forth in sub-
section (a) shall not apply—
(1) to rules or regulations necessary to imple-
ment any future recommendation of ICCAT or Act
of Congress;
(2) to strictly technical and conforming correc-
tions to those time-area closures established under
this Act that the Secretary finds are necessary for
public safety and enforcement of this Act; or
(3) if the Secretary, after consultation with the
Commissioners appointed under the Atlantic Tunas
Convention Act of 1975, finds that—
(A) fishing by United States pelagic
longline fishing vessels is causing an emergency
with respect to the conservation of an Atlantic
highly migratory species of fish;
(B) such emergency can not or will not be
addressed by the International Commission for
the Conservation of Atlantic Tunas in a timely
manner; and
(C) time-area closures for pelagic longline
fishing in the Atlantic by United States fishing
vessels that are in addition to, or otherwise ex-
pand, those time-area closures established
under this Act are necessary to address such
emergency and there are no other practicable
means available to address such emergency.
SEC. 13. VESSEL MONITORING DEVICE.
(a) IN GENERAL.— After the 165th day of enactment
of this Act, no pelagic longline vessel shall operate within
the Atlantic HMS fishery without a vessel monitoring de-
vice approved by the Secretary.
(b) NOT REQUIRED TO CARRY MONITORING DE-
VICE.—No vessel accepting the buyout under section 7 will
be required to carry a vessel monitoring device.
(c) COSTS.—Any costs attributable to the purchase
and installation of vessel monitoring devices on any pelagic
longline vessel fishing in the Atlantic HMS fishery that
is required to carry such a device under this section shall
be the responsibility of the Secretary.
SEC. 14. NULLIFICATION.
In the event Congress fails to appropriate funds ade-
quate to complete the buyout under section 7 then no pro-
vision of this Act shall be effective. In the event Congress
fails to appropriate funds adequate to place vessel moni-
toring devices on vessels, then the requirement to carry
such devices shall have no effect.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary $250,000 per year as the cost of carrying out the
compensation program; $2,250,000 for vessel monitoring
devices; $3,000,000 for research; plus such other sums as
may be necessary for carrying out all other functions in
the Act. In addition, there are authorized to be appro-
priated to the Secretary not more than $400,000 for the
Southeast Fisheries Science Center to conduct additional
research on billfish and swordfish.
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