is amended by inserting ‘‘, or a vessel whose commercial
fishing permits and licenses have been surrendered or re-
voked, respectively, under section 5(c) or 7(a)(1) of the
Atlantic Highly Migratory Species Conservation Act of
2001,’’ before ‘‘is not eligible’’.
(c) TRANSFER TO FOREIGN OWNERSHIP OR REG-
ISTRY PROHIBITED.—
(1) PROHIBITED TRANSFER.—No person may—
(A) sell, lease, charter, deliver, or in any
manner transfer, or agree to sell, lease, charter,
deliver, or in any manner transfer, to a person
who is not a citizen of the United States, any
interest in or control of a vessel that was au-
thorized to be used to engage in fishing under
a permit or license revoked under this section;
or
(B) place such a vessel under foreign reg-
istry or operate that vessel under the authority
of a foreign country.
(2) VOID EFFECT.—Any sale, lease, charter, de-
livery, or transfer of a vessel, or interest in or con-
trol of a vessel, in violation of this subsection is void.
(d) PENALTIES.—
(1) CRIMINAL
PENALTY.—Any person that
knowingly violates this section, or knowingly submits
false documentation for the landing payment under
section 6, shall be fined under title 18, United
States Code, imprisoned for not more than 5 years,
or both.
(2) FORFEITURE.—A vessel (including its fish-
ing gear, furniture, appurtenances, stores, and
cargo) may be seized by, and forfeited to, the United
States Government if—
(A)(i) the vessel is placed under foreign
registry or operated under the authority of a
foreign country in violation of this section;
(ii) a person knowingly sells, leases, char-
ters, delivers, or transfers the vessel, or an in-
terest in or control of that vessel, in violation
of this section;
(B) the vessel is used for commercial fish-
ing in violation of this section; or
(C) a permit holder submits false docu-
mentation for the landing payment under sec-
tion 6 with respect to landings made, or alleged
to have been made, using the vessel.
(3) CIVIL
PENALTY.—A person that sells,
leases, charters, delivers, or transfers a vessel (or an
interest in or control of a vessel) in violation of this
section, uses a vessel for commercial fishing in viola-
tion of this section, or submits false documentation
for the landing payment under section 6 is subject
to a civil penalty determined by the Secretary under
section 308 of the Magnuson-Stevens Act (16 U.S.C.
1858).
(e) VESSEL IDENTIFICATION SYSTEM.—The Sec-
retary of Transportation shall ensure that, for each vessel
that was authorized to be used to engage in fishing under
a permit or license that is revoked under this section, in-
formation is recorded and maintained in the vessel identi-
fication system established under chapter 125 of title 46,
United States Code, stating that—
(1) the vessel is prohibited under this Act from
engaging in commercial fishing anywhere in the
world;
(2) the vessel is not eligible for any commercial
fishing permit or license, regardless of whether the
permit or license is issued by the Federal Govern-
ment, or a State government or political subdivision
thereof; and
(3) use of the vessel in any commercial fishing
operation may result in Federal civil and criminal
penalties and forfeiture of the vessel and its cargo
and equipment.
SEC. 8. RESTRICTIONS ON COMPENSATED ELIGIBLE PER-
MIT HOLDERS.
Any eligible permit holder who has been compensated
under section 6 is prohibited from reentering the Directed
Swordfish Limited Access Fishery or Atlantic Tuna
Longline Fishery.
SEC. 9. PROHIBITED ACT UNDER MAGNUSON-STEVENS ACT.
A person who violates this Act or any regulation
under this Act shall, in addition to any other penalties
provided in this Act or elsewhere, be considered to have
committed an act prohibited under section 307(1)(A) of
the Magnuson-Stevens Act (16 U.S.C. 1857(1)(A)).
SEC. 10. INFORMATION COLLECTION REVIEW NOT TO
APPLY.
Section 3507 of title 44, United States Code, does
not apply to the collection of information under this Act.
SEC. 11. HIGHLY MIGRATORY SPECIES BYCATCH MOR-
TALITY REDUCTION RESEARCH PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Marine Fisheries Service at the
Southeast Fisheries Science Center a Pelagic Longline
Highly Migratory Species Bycatch and Mortality Reduc-
tion Research Program. The Program shall identify and
test a variety of pelagic longline fishing gear configura-
tions and uses, including recreational catch and release,
and determine which of those configurations and uses are
the most effective in reducing highly migratory species
mortality and sea turtle mortality in the pelagic longline
fisheries in the exclusive economic zone of the United
States in the Atlantic Ocean. The program shall also in-
clude provision for observers to be placed on pelagic
longline fishing vessels for the purposes of monitoring the
fishery and participating in the research program. To fund
the observers, the Secretary shall collect a fee that shall
not exceed 1 percent of the ex-vessel value of fish har-
vested from Atlantic and Gulf of Mexico pelagic longline
vessels, and shall be collected at either the time of the
landing, filing of a landing report, or sale of such fish dur-
ing a fishing season in the last quarter of the calendar
year in which the fish is harvested.
(b) PROGRAM DESIGN.—The Program design shall
be developed through a scientific workshop organized and
convened by the Southeast Fisheries Science Center of the
National Marine Fisheries Service. Knowledgeable mem-
bers of the pelagic longline fishing sector, the recreational
billfish and tuna sector, and the conservation community,
along with scientists associated with each such entity,
shall be invited to participate on the workshop design
team. The Center shall make its best efforts to ensure that
each such sector is fairly represented on the design team.
The program design shall be submitted to the Secretary
no later than 120 days after the date of enactment of this
Act and shall include a statistically significant rec-
ommendation for the level of observer coverage on pelagic
longline fishing vessels that is necessary to monitor the
fishery effectively and participate in the research program.
(c) MARLIN RESEARCH.—The Secretary shall place
emphasis on determining the gear configurations and uses
that are the most effective in reducing blue and white mar-
lin mortality in the exclusive economic zone of the United
States in the Atlantic Ocean.
(d) REPORT TO CONGRESS.—No later than 90 days
after the third year of closure of the Gulf of Mexico Con-
servation Zone For Highly Migratory Species under sec-
tion 5(a), the Secretary shall submit a report on the Pro-
gram’s determinations to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Resources of the House of Representatives. The
report shall include proposed statutory language for legis-
lation that may be appropriate prior to the expiration of
the closure of the Gulf of Mexico Conservation Zone For
Highly Migratory Species.
SEC. 12. REALLOCATION OF TOTAL ALLOWABLE CATCH.
The Secretary shall reallocate, to the United States
commercial swordfish hand gear fishing fleet, the portion
of total allowable catch of swordfish by the United States
pelagic longline fishing fleet that was attributable to ves-
sels that were authorized to engage in fishing under per-
mits and licenses revoked under section 7. Such realloca-
tion shall be based on the data used to calculate landing
payments under section 6(e) for such vessels.
SEC. 13. MONITORING AND EVALUATION OF AREA CLO-
SURES.
(a) ANNUAL MONITORING AND EVALUATION.—The
Secretary shall closely monitor and evaluate, on an annual
basis, the effectiveness of the fishing area closures made
by section 5.
(b) RESPONSE ACTION.—As a result of the moni-
toring and evaluation, the Secretary shall take additional
action as necessary to minimize bycatch to meet the re-
quirements of the Magnuson-Stevens Act and all other ap-
plicable laws.
SEC. 14. VESSEL MONITORING DEVICE.
(a) IN GENERAL.—Beginning 225 days after the date
of the enactment of this Act, no person shall operate a
pelagic longline vessel in an Atlantic Ocean highly migra-
tory species fishery unless the vessel is equipped with a
vessel monitoring device approved by the Secretary.
(b) COSTS.—Any cost attributable to the initial pur-
chase and installation of vessel monitoring devices re-
quired by subsection (a) shall be paid for by the Secretary.
The Secretary shall reimburse any person who provides
sufficient documentation that they previously purchased
such equipment in order to comply with the highly migra-
tory species fishery management plan final rule published
on May 28, 1999 (64 F.R. 29090).
(c) CIVIL PENALTY.—A person who operates a vessel
in violation of this section is subject to a civil penalty de-
termined by the Secretary under section 308 of the Mag-
nuson-Stevens Act (16 U.S.C. 1858).
(d) LIMITATION ON APPLICATION.—If the Secretary
publishes a finding that adequate amounts are not avail-
able to pay costs and reimbursement under subsection (b)
to place vessel monitoring devices on vessels, then sub-
section (a) does not apply. This subsection does not limit
or otherwise affect any requirement for vessel monitoring
devices on such vessels imposed under the authority of any
other law.
SEC. 15. EFFECTIVE DATE.
Sections 5 and 6 shall take effect on the date the
Secretary publishes a finding that sufficient funds are
available to carry out section 6 and section 11.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary—
(1) $250,000 per fiscal year for the cost of car-
rying out the compensation program under section
6;
(2) $2,400,000 for vessel monitoring devices
under section 14;
(3) $3,000,000 for research under section 11;
and
(4) such sums as may be necessary carry out all
other functions under the Act.
(b) SOUTHEAST FISHERIES SCIENCE CENTER.—In
addition to amounts authorized under subsection (a),
there are authorized to be appropriated 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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