(A) Notwithstanding the limitations in 
subparagraph (2)(D), the Secretary may award 
grants under this subsection for the establish-
ment of a multistate qualifying health care cov-
erage program to consortiums of organizations 
located in more than one State. 
(B) A multistate program shall be consid-
ered as a single program under paragraph 
(2)(D). 
(C) The Secretary may increase the fund-
ing limits in paragraphs (4), (5), and (6), tak-
ing into account the size of the population to be 
served by such program. 
(9) THIRD-PARTY CONTRACT AUTHORITY.—Or-
ganizations that are awarded grants under this sub-
section may contract with third parties to conduct 
the activities described in paragraphs (5) and (6). 
(10) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the other amounts authorized by this 
Act, for grants under this section there are author-
ized to be appropriated to the Secretary the fol-
lowing sums: 
(A) $5,000,000 for fiscal year 2007. 
(B) $5,000,000 for fiscal year 2008. 
(C) $10,000,000 for fiscal year 2009. 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
(D) $10,000,000 for fiscal year 2010. 
(E) $20,000,000 for fiscal year 2011. 
(f) STUDY
OF BENEFITS
FOR INDIVIDUALS EM-
PLOYED IN THE FISHING INDUSTRY.— 
(1) IN GENERAL.—The Secretary of Commerce 
shall conduct a study of the options for, and the fea-
sibility of, establishing programs to provide economic 
benefits, including pensions, to crewmembers and 
other individuals employed in the fishing industry 
and members of their families— 
(A) who are in general ineligible for exist-
ing programs that provide such benefits because 
of the sporadic nature of employment opportu-
nities in the fishing industry; or 
(B) whose benefits are negatively affected 
by the nature of the fishing industry of fishery 
management actions. 
(2) REPORT.—The Secretary shall submit a re-
port submit a report to the Congress by not later 
than 2 years after the date of the enactment of this 
Act on the findings, conclusions, and recommenda-
tions of the study under this subsection. 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
SEC. 5. IMPROVEMENTS IN FISHERY SCIENCE AND RE-
SEARCH. 
(a) BEST SCIENTIFIC INFORMATION AVAILABLE DE-
FINED.—Section 3 (16 U.S.C. 1802) is further amended 
by adding at the end the following: 
‘‘(49) The term ‘best scientific information 
available’— 
‘‘(A) means information that— 
‘‘(i) is directly related to the specific 
matter under consideration; 
‘‘(ii) is based on a statistically valid 
sample; 
‘‘(iii) has undergone an independent 
peer review process, that is carried out in 
accordance with peer review requirements 
(if any) that apply under this Act to such 
consideration; 
‘‘(iv) has been collected within a time 
frame that is reasonably related to the spe-
cific matter under consideration; 
‘‘(v) is based on information that is 
reasonably reflective of the present status 
of the fishery to which it relates, and does 
not rely substantially on data from pre-
vious time periods for which fish abun-
dance estimates are primarily anecdotal, or 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
data that is of unknown reliability given 
the technology and scientific knowledge 
during such periods; 
‘‘(vi) is developed through reasonably 
transparent processes in which scientific 
findings, and the analyses that produced 
such findings, are available to the public, 
subject to regulations issued by the Sec-
retary; and 
‘‘(vii) takes into account to the extent 
possible the movement between habitat 
areas of different stocks of the same spe-
cies; 
‘‘(B) takes into account significant eco-
nomic and social impacts, including cumulative 
economic and social impacts; 
‘‘(C) may include information obtained by 
scientifically valid research that is conducted in 
cooperation between the Department of Com-
merce and a person that is not an officer or 
employee of the Department, or by a person 
other than an officer or employee of the De-
partment; 
‘‘(D) may include, but may not be limited 
to, landing data, sales and auction data, and 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
anecdotal information collected during the har-
vesting and processing of fish; and 
‘‘(E) shall to the extent practicable include 
more than one scientific model.’’. 
(b) PEER REVIEW OF STOCK ASSESSMENTS AND 
ECONOMIC AND SOCIAL ANALYSIS.— 
(1) SCIENTIFIC REVIEW COMMITTEES.—Section 
302(g) (16 U.S.C. 1852(g)) is amended by adding 
at the end the following: 
‘‘(6)(A) Each Council shall establish a scientific 
review committee which shall, with respect to fish-
eries under the Council’s jurisdiction, conduct an 
independent peer review of the scientific research 
findings that are the basis for each new stock as-
sessment used to develop a fishery management 
plan, significant substantive amendment to such a 
plan, or other significant substantive fishery man-
agement action under this Act. 
‘‘(B) The findings of any peer review conducted 
under this paragraph shall be included in any rel-
evant documents that are made available to the pub-
lic with respect to the matter that is reviewed. 
‘‘(C) A committee established under this para-
graph by a Council shall, at a minimum, consist 
of— 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(i) at least one member from each of the 
committees established under paragraphs (1) 
and (3) by the Council, of whom at least one 
shall be a member who is not affiliated with the 
persons who wrote or prepared the scientific in-
formation reviewed by the committee; and 
‘‘(ii) such other members as the Council 
(excluding the persons who wrote or prepared 
the scientific information reviewed by the com-
mittee) considers appropriate.’’. 
(2) ECONOMIC
AND
SOCIAL
IMPACT
REVIEW 
COMMITTEES.—Section 302(g) (16 U.S.C. 1852(g)) 
is further amended by adding at the end the fol-
lowing: 
‘‘(7)(A) Each Council shall establish an eco-
nomic and social impact review committee which 
shall, with respect to fisheries under the Council’s 
jurisdiction, conduct an independent peer review of 
the economic and social impacts associated with a 
fishery management plan, significant substantive 
amendment to such plan, or other significant sub-
stantive fishery management action under this Act. 
‘‘(B) The findings of any peer review conducted 
under this paragraph shall be included in any rel-
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
evant documents that are made available to the pub-
lic with respect to the matter that is reviewed. 
‘‘(C) The membership of a committee estab-
lished under this paragraph by a Council— 
‘‘(i) may include members of other commit-
tees established by the Council; 
‘‘(ii) may include such other members as 
the Council (other than the persons who wrote 
or prepared the economic and social information 
reviewed by the committee) considers appro-
priate; and 
‘‘(iii) shall include at least one member 
who is not affiliated with the persons who wrote 
or prepared the economic and social information 
reviewed by the committee.’’. 
(c) INDEPENDENT PEER REVIEW.—Section 404 (16 
U.S.C. 1881c) is amended by adding at the end the fol-
lowing: 
‘‘(d) INDEPENDENT PEER REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that there is conducted an independent peer review 
of the scientific research findings that are the basis 
for each new stock assessment used to develop a 
fishery management plan, significant substantive 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
amendment to such a plan, or other significant sub-
stantive fishery management action under this Act. 
‘‘(2) REVIEWERS.—The persons conducting re-
view under this subsection— 
‘‘(A) shall include one or more individuals 
who are not officials or employees of the Fed-
eral Government; and 
‘‘(B) may include persons who are em-
ployed in the fishing industry. 
‘‘(3) 
CONSIDERATION
OF
RECOMMENDA-
TIONS.—A review under this subsection shall con-
sider the recommendations of any scientific review 
committee established under section 302(g)(6) with 
respect to the fishery that is the subject of the mat-
ter under review. 
‘‘(4) TREATMENT OF FINDINGS.—The findings 
of any independent peer review conducted under this 
paragraph shall be included in any relevant docu-
ments that are made available to the public with re-
spect to the matter that is reviewed. 
‘‘(5) WAIVER OF REQUIREMENTS.— 
‘‘(A) GENERAL
AUTHORITY.—The Sec-
retary shall issue regulations under which the 
Secretary may waive any of the independent 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
peer review requirements under this subsection 
if— 
‘‘(i) the Secretary determines that— 
‘‘(I) there is an emergency (as 
described in the regulations); 
‘‘(II) completion of the peer re-
view process has been unreasonably 
delayed; or 
‘‘(III) the time required to com-
plete the review could compromise 
fishermen’s safety; or 
‘‘(ii) the Council having jurisdiction 
over the fishery requests the waiver, in ac-
cordance with a vote by the Council, and 
explains in writing the reasons for request-
ing the waiver. 
‘‘(B) NOTICE AND COMMENT.—The Sec-
retary shall— 
‘‘(i) provide notice of each waiver 
under this paragraph to the Council having 
jurisdiction over the fishery; 
‘‘(ii) publish the notice in the Federal 
Register; and 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(iii) provide a 30-day period for the 
submission by the public of comments on 
the waiver.’’. 
(d) COOPERATIVE RESEARCH
AND INDEPENDENT 
RESEARCH.—Section 404 (16 U.S.C. 1881c) is further 
amended by adding at the end the following: 
‘‘(e) COOPERATIVE RESEARCH AND INDEPENDENT 
RESEARCH.— 
‘‘(1) REQUIREMENT
FOR
FISHERY
MANAGE-
MENT PLANS.—Each fishery management plan that 
is prepared by a Council, or by the Secretary, with 
respect to any fishery shall— 
‘‘(A) include provisions to create a cooper-
ative research component, including the use of 
fishing vessels engaged in commercial fishing or 
charter fishing, and the captains and crews of 
such vessels, for the gathering of data on stock 
abundance, composition, distribution, or other 
relevant information for the implementation of 
the plan; research on gear technology, bycatch 
reduction, and safety; and oceanic, atmospheric, 
weather, and environmental research that re-
lates to fishery management, in a manner that 
ensures there is no loss of days at sea or other 
fishing allocation for participants in the fishing 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
industry individuals who participate in such co-
operative research; and 
‘‘(B) include provisions to create an inde-
pendent research component involving edu-
cational and research institutions, other than 
institutions designated as Member Institutions 
of the Fishery Research Network established 
under subsection (f). 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the other amounts authorized by this 
Act, for cooperative research and independent re-
search under provisions included in fishery manage-
ment plans under this subsection, there is authorized 
to be appropriated to the Secretary $5,000,000 for 
each of fiscal years 2007 through 2011.’’. 
(e) ESTABLISHMENT OF FISHERY RESEARCH NET-
WORK.—Section 404 (16 U.S.C. 1881c) is further amend-
ed by adding at the end the following: 
‘‘(f) FISHERY RESEARCH NETWORK.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish the Federal Fishery Research Network. 
‘‘(2) COMPOSITION.—The Network shall be 
composed of non-governmental educational or re-
search institutions that have significant fishery re-
search expertise and that are designated by the Sec-
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
retary under this subsection (in this subsection re-
ferred to as a ‘Member Institutions’). The Secretary 
shall designate 3 Member Institutions with respect 
to each Council. Each Member Institution must be 
located in a State that is represented on the Council 
with respect to which the Member Institution is des-
ignated, or in a State that borders such a rep-
resented State. 
‘‘(3) RESEARCH
ROLE
OF
MEMBER
INSTITU-
TIONS.—The Secretary shall ensure that each Mem-
ber Institution plays a continuing role in— 
‘‘(A) gathering data for use in imple-
menting this Act; 
‘‘(B) advising the Council with respect to 
which it is appointed and the Secretary; 
‘‘(C) performing peer review under this 
Act; and 
‘‘(D) otherwise assisting with and con-
ducting ongoing research on fishery manage-
ment issues affecting the area in which the 
Member Institution is located, including— 
‘‘(i) the economic and social impacts 
of fishery management proposals; 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(ii) analysis of the impacts of fishery 
management proposals on fishing safety; 
and 
‘‘(iii) ways of improving safety within 
the fishing industry. 
‘‘(4) CONSULTATION WITH MEMBER INSTITU-
TIONS.—The Secretary and each Council shall— 
‘‘(A) consult with the relevant Member In-
stitutions regarding fishery management plans 
and amendments to such plans that affect the 
area in which the Member Institutions are lo-
cated; and 
‘‘(B) provide to Member Institutions ap-
propriate data regarding such plans and 
amendments. 
‘‘(5) RESPONSIBILITIES OF MEMBER INSTITU-
TIONS.—The Secretary shall require each Member 
Institution to submit to the Secretary and the Coun-
cil with respect to which it is designated an analysis 
of each fishery management plan, and each signifi-
cant amendment to such a plan, that affects the 
area in which the Member Institution is located. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the other amounts authorized by this 
Act, to carry out this subsection there is authorized 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
to be appropriated to the Secretary $15,000,000 for 
each of fiscal years 2007 through 2011.’’. 
(f) FISHERIES MANAGEMENT RESEARCH GRANTS.— 
Section 404 (16 U.S.C. 1881c) is further amended by add-
ing at the end the following: 
‘‘(g) 
FISHERIES
MANAGEMENT
RESEARCH 
GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants for research to acquire the knowledge and in-
formation referred to in subsection (a). 
‘‘(2) ELIGIBILITY FOR GRANTS.—To be eligible 
for a grant under this subsection a person must 
be— 
‘‘(A) a participant in a fishery adminis-
tered under this Act that is the subject of the 
research to be carried out with the grant; 
‘‘(B) an educational or scientific institu-
tion; 
‘‘(C) a non-profit organization; or 
‘‘(D) a State or municipal government. 
‘‘(3) GRANT PROCEDURES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants under this subsection on a com-
petitive basis. 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(B) CONSULTATIVE
ROLE
OF
COUN-
CILS.—The Secretary shall consult with each 
Council on, and each Council shall make rec-
ommendations on, possible research topics to be 
funded by grants under this subsection. 
‘‘(4) ENSURING
RESEARCH
REGARDING
ECO-
NOMIC
AND
SOCIAL
ASPECTS, AND
SAFETY.—The 
Secretary shall establish by regulation a formula or 
system for allocating the funds available to carry out 
this section that ensures that a reasonable percent-
age of such funds is used for grants for research re-
garding the economic and social aspects of fishery 
management and for research regarding fishing safe-
ty. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to the other amounts authorized to carry 
out this Act, for grants under this subsection there 
is authorized to be appropriated to the Secretary 
$5,000,000 for each of fiscal years 2007 through 
2011.’’. 
SEC. 6. FISHING SAFETY. 
(a) RULE OF CONSTRUCTION FOR NATIONAL STAND-
ARD (10).—Section 301 (16 U.S.C. 1851) is further 
amended by adding at the end the following: 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(d) RULE
OF CONSTRUCTION REGARDING NA-
TIONAL STANDARD (10).—Paragraph (10) of subsection 
(a) shall be construed to be of equal importance as the 
other paragraphs of subsection (a). The Secretary shall 
ensure that paragraph (10) of subsection (a)— 
‘‘(1) is applied to the same extent as the other 
paragraphs of subsection (a); and 
‘‘(2) is given consideration that is substantially 
the same as the consideration given to the other 
paragraphs of subsection (a), with respect to all fish-
ery management plans, decisions, and actions under 
this Act.’’. 
(b) REQUIRED PROVISIONS OF FISHERY MANAGE-
MENT PLANS.—Section 303(a) (16 U.S.C. 1853(a)) is 
amended— 
(1) in paragraph (9) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (A), by 
striking the period at the end of subparagraph (B) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(C) the safety of human life at sea, with 
a specific focus on whether and to what extent 
such measures may affect the safety of partici-
pants in the fishery.’’; and 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
(2) by striking ‘‘; and’’ after the semicolon at 
the end of paragraph (12), by striking the period at 
the end of paragraph (13) and inserting ‘‘; and’’, 
and by adding at the end the following: 
‘‘(14) to the extent practicable ensure that 
management measures, including restricted area and 
broken trip requirements, minimize the extent to 
which participants in the fishery are likely, in order 
to avoid a loss of harvest allocation or other finan-
cial loss, to continue fishing in unsafe circumstances, 
including when— 
‘‘(A) operating during severe weather con-
ditions; 
‘‘(B) a crewmember has an injury or ill-
ness that significantly affects the crewmember’s 
ability to assist in the safe operation of the ves-
sel; or 
‘‘(C) important safety equipment on the 
vessel is defective or inoperable.’’. 
(c) SAFETY INSTRUCTION AND DRILLS.—Not later 
than 6 months after the date of the enactment of this Act, 
the Commandant of the Coast Guard shall amend part 
28.270 of title 46, Code of Federal Regulations, to require 
that the operator of each fishing vessel that is subject to 
that part maintain and make available for inspection by 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
any Federal officer or employee authorized to enforce this 
Act a written record of safety instruction and emergency 
drills that are required to be performed under that part, 
that includes for each drill the following information: 
(1) The date of the drill. 
(2) The elapsed time of the drill. 
(3) The activities conducted during the drill. 
(4) The name of the person who led the drill. 
(5) The name of each crewmember who partici-
pated in the drill. 
(d) STABILITY AND WATERTIGHT INTEGRITY STAND-
ARDS.—Not later than one year after the date of the en-
actment of this Act, the Commandant of the Coast Guard 
shall amend subpart E of part 28 of title 46, Code of Fed-
eral Regulations, to apply to fishing vessels that are be-
tween 50 feet in length and 79 feet in length the stability 
and watertight integrity standards that apply to vessels 
greater than 79 feet in length. 
(e) GRANT PROGRAM.— 
(1) AUTHORIZATION OF GRANTS.—Title III (16 
U.S.C. 1851 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 316. FISHING VESSEL SAFETY GRANTS. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall es-
tablish a program for providing grants to municipalities, 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
port authorities, other appropriate public entities, quali-
fied non-profits, and other persons— 
‘‘(1) to conduct fishing vessel safety training 
and instruction sessions (in addition to those other-
wise required under Federal law or regulations); and 
‘‘(2) for purchase of safety equipment for use 
in safety training sessions or for use on fishing ves-
sels. 
‘‘(b) COMPETITIVE
BASIS; CONSULTATION.—The 
Secretary shall award grants under this subsection— 
‘‘(1) on a competitive basis; and 
‘‘(2) in consultation with, and based on rec-
ommendations of, the Councils. 
‘‘(c) COST SHARING.—The Federal share of the cost 
of any activity carried out with a grant under this section 
shall not exceed 75 percent. 
‘‘(d) LANGUAGE
REQUIREMENT.—The Secretary 
shall require that training and instruction carried out with 
a grant under this section shall be made available in lan-
guages other than English, as appropriate for the fishing 
port in which the training or instruction is offered. 
‘‘(e) DATA BASE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a publicly accessible electronic data base that 
lists the names of individuals who have participated 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
in training sessions carried out with assistance 
under this section. 
‘‘(2) RETRAINING
REQUIREMENT.—The Sec-
retary shall require, as a condition of including the 
name of an individual in such database for any pe-
riod longer than 18 months, that the individual com-
plete retraining. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to the other amounts authorized by this Act, for 
grants under this section there is authorized to be appro-
priated to the Secretary $3,000,000 for each of fiscal 
years 2007 through 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is further amended by in-
serting after the item relating to section 315 the fol-
lowing: 
‘‘Sec. 316. Fishing vessel safety grants.’’. 
SEC. 7. BYCATCH. 
(a) RETENTION OF BYCATCH FOR CHARITABLE PUR-
POSES.—Section 303 (16 U.S.C. 1853) is amended— 
(1) in subsection (b) by striking ‘‘and’’ after 
the semicolon at the end of paragraph (11), by strik-
ing the period at the end of paragraph (12) and in-
serting ‘‘; and’’, and by adding at the end the fol-
lowing: 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
‘‘(13) allow the retention and donation or sale 
for charitable purposes, subject to the requirements 
established under subsection (e)(2), of dead bycatch 
that cannot otherwise be avoided under terms that 
ensure that such retention and donation do not allow 
the evasion of vessel trip limits or other conservation 
and management measures.’’; and 
(2) by adding at the end the following: 
‘‘(e) RETENTION
OF BYCATCH
FOR CHARITABLE 
PURPOSES.— 
‘‘(1) REGULATIONS.—The Secretary shall issue 
regulations that establish requirements for the reten-
tion of bycatch for charitable purposes pursuant to 
subsection (b)(13). 
‘‘(2) REQUIREMENTS.—Regulations under this 
subsection shall require that— 
‘‘(A) the total amount of bycatch retained 
pursuant to subsection (b)(13) on a voyage 
shall not exceed a percentage of the total weight 
of the total authorized catch for that voyage of 
the target species, that shall be established by 
the Secretary and shall not exceed 20 percent 
of such total weight; 
‘‘(B) the proceeds of any sale of bycatch 
shall be donated to charitable organizations 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
that provide economic assistance, job training, 
health care, or other assistance to individuals 
involved in the fishing industry and their fami-
lies, who reside in fishing communities lo-
cated— 
‘‘(i) in the area where the vessel that 
harvested the bycatch is based; or 
‘‘(ii) in the area where the bycatch 
was harvested; and 
‘‘(C) in making such donations, preference 
shall be given to organizations that assist indi-
viduals who have become unemployed or experi-
enced significant negative economic impacts be-
cause of fishery management actions by the 
Federal Government. 
‘‘(3) PREVENTION
OF
CONFLICTS
OF
INTER-
EST.—Regulations under this subsection shall in-
clude provisions to prevent conflicts of interest, in-
cluding prohibiting a person from retaining bycatch 
to directly benefit any charitable organization— 
‘‘(A) from which the person derives a di-
rect, personal benefit; or 
‘‘(B) over which the person exercises any 
control with respect to the activities of the or-
ganization or its provision of benefits.’’. 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS
(b) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study of the utility and feasibility of establishing 
a bycatch exchange program comprised of a sys-
tem— 
(A) under which fishermen may— 
(i) retain bycatch in order to minimize 
discard of fish; and 
(ii) trade or exchange credits based on 
the retained bycatch, with other fishermen 
who are involved in the directed fishery in 
which the bycatch is harvested; and 
(B) that prevents the evasion of trip limits, 
total allowable catch levels, or other conserva-
tion and management measures. 
(2) REPORT.—The Secretary shall submit a re-
port to the Congress within two years after the date 
of the enactment of this Act on the results and rec-
ommendations of the study. 
SEC. 8. CAPACITY REDUCTION. 
(a) USE OF PROCEEDS OF FISHING CAPACITY RE-
DUCTION PROGRAMS.—Section 312(b) (16 U.S.C. 1861a) 
is amended by adding at the end the following: 
‘‘(5) PROGRAMS FOR ASSISTING AFFECTED IN-
DIVIDUALS.— 
VerDate Aug 31 2005 
01:56 Mar 14, 2006
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4940.IH
H4940
ccoleman on PROD1PC71 with BILLS