H. R. 5946—41
process to promote issuance, where practicable, of experimental 
fishing permits. 
‘‘(e) GUIDELINES.—The Secretary, in consultation with the 
Councils, shall establish guidelines to ensure that participation 
in a research project funded under this section does not result 
in loss of a participant’s catch history or unexpended days-at-
sea as part of a limited entry system. 
‘‘(f) EXEMPTED PROJECTS.—The procedures of this section shall 
not apply to research funded by quota set-asides in a fishery.’’. 
SEC. 205. HERRING STUDY. 
Title III (16 U.S.C. 1851 et seq.), as amended by section 204, 
is further amended by adding at the end the following: 
‘‘SEC. 319. HERRING STUDY. 
‘‘(a) IN GENERAL.—The Secretary may conduct a cooperative 
research program to study the issues of abundance, distribution 
and the role of herring as forage fish for other commercially impor-
tant fish stocks in the Northwest Atlantic, and the potential for 
local scale depletion from herring harvesting and how it relates 
to other fisheries in the Northwest Atlantic. In planning, designing, 
and implementing this program, the Secretary shall engage multiple 
fisheries sectors and stakeholder groups concerned with herring 
management. 
‘‘(b) REPORT.—The Secretary shall present the final results 
of this study to Congress within 3 months following the completion 
of the study, and an interim report at the end of fiscal year 2008. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $2,000,000 for fiscal year 2007 through fiscal 
year 2009 to conduct this study.’’. 
SEC. 206. RESTORATION STUDY. 
Title III (16 U.S.C. 1851 et seq.), as amended by section 205, 
is further amended by adding at the end the following: 
‘‘SEC. 320. RESTORATION STUDY. 
‘‘(a) IN GENERAL.—The Secretary may conduct a study to update 
scientific information and protocols needed to improve restoration 
techniques for a variety of coast habitat types and synthesize the 
results in a format easily understandable by restoration practi-
tioners and local communities. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $500,000 for fiscal year 2007 to conduct this 
study.’’. 
SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS. 
Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855 
note) is amended—
(1) by striking ‘‘and the Secretary of the Interior are’’ 
in paragraph (1) and inserting ‘‘is’’; 
(2) by striking ‘‘not less than three and not more than 
five’’ in paragraph (1); and 
(3) by striking paragraph (6) and inserting the following: 
‘‘(6) In this subsection the term ‘Western Pacific community’ 
means a community eligible to participate under section 
305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i) 
through (iv)).’’.
H. R. 5946—42
SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND. 
(a) IN GENERAL.—The Secretary shall establish and maintain 
a fund, to be known as the ‘‘Fisheries Conservation and Manage-
ment Fund’’, which shall consist of amounts retained and deposited 
into the Fund under subsection (c). 
(b) PURPOSES.—Subject to the allocation of funds described 
in subsection (d), amounts in the Fund shall be available to the 
Secretary of Commerce, without appropriation or fiscal year limita-
tion, to disburse as described in subsection (e) for—
(1) efforts to improve fishery harvest data collection 
including—
(A) expanding the use of electronic catch reporting 
programs and technology; and 
(B) improvement of monitoring and observer coverage 
through the expanded use of electronic monitoring devices 
and satellite tracking systems such as VMS on small ves-
sels; 
(2) cooperative fishery research and analysis, in collabora-
tion with fishery participants, academic institutions, community 
residents, and other interested parties; 
(3) development of methods or new technologies to improve 
the quality, health safety, and value of fish landed; 
(4) conducting analysis of fish and seafood for health bene-
fits and risks, including levels of contaminants and, where 
feasible, the source of such contaminants; 
(5) marketing of sustainable United States fishery products, 
including consumer education regarding the health or other 
benefits of wild fishery products harvested by vessels of the 
United States; 
(6) improving data collection under the Marine Recreational 
Fishery Statistics Survey in accordance with section 401(g)(3) 
of the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1881(g)(3)); and 
(7) providing financial assistance to fishermen to offset 
the costs of modifying fishing practices and gear to meet the 
requirements of this Act, the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.), and 
other Federal laws in pari materia. 
(c) DEPOSITS TO THE FUND.—
(1) QUOTA
SET-ASIDES.—Any amount generated through 
quota set-asides established by a Council under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) and designated by the Council for inclusion in 
the Fishery Conservation and Management Fund, may be 
deposited in the Fund. 
(2) OTHER FUNDS.—In addition to amounts received pursu-
ant to paragraph (1) of this subsection, the Fishery Conserva-
tion and Management Fund may also receive funds from—
(A) appropriations for the purposes of this section; 
and 
(B) States or other public sources or private or non-
profit organizations for purposes of this section. 
(d) REGIONAL ALLOCATION.—The Secretary shall, every 2 years, 
apportion monies from the Fund among the eight Council regions 
according to recommendations of the Councils, based on regional 
priorities identified through the Council process, except that no
H. R. 5946—43
region shall receive less than 5 percent of the Fund in each alloca-
tion period. 
(e) LIMITATION ON THE USE OF THE FUND.—No amount made 
available from the Fund may be used to defray the costs of carrying 
out requirements of this Act or the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) other 
than those uses identified in this section. 
SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE 
PURPOSES. 
Section 53706(a)(7) of title 46, United States Code, is amended 
to read as follows: 
‘‘(7) Financing or refinancing—
‘‘(A) the purchase of individual fishing quotas in accord-
ance with section 303(d)(4) of the Magnuson-Stevens 
Fishery Conservation and Management Act (including the 
reimbursement of obligors for expenditures previously 
made for such a purchase); 
‘‘(B) activities that assist in the transition to reduced 
fishing capacity; or 
‘‘(C) technologies or upgrades designed to improve 
collection and reporting of fishery-dependent data, to 
reduce bycatch, to improve selectivity or reduce adverse 
impacts of fishing gear, or to improve safety.’’. 
SEC. 210. 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 Magnuson-Stevens Fishery Conservation and Manage-
ment Reauthorization Act of 2006, the Secretary, in consulta-
tion 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 build upon the recommenda-
tions of the advisory panel and include—
‘‘(A) recommendations for scientific data, information 
and technology requirements for understanding ecosystem 
processes, and methods for integrating such information 
from a variety of federal, state, and regional sources; 
‘‘(B) recommendations for processes for incorporating 
broad stake holder participation; 
‘‘(C) recommendations for processes to account for 
effects of environmental variation on fish stocks and fish-
eries; and 
‘‘(D) a description of existing and developing council 
efforts to implement ecosystem approaches, including les-
sons learned by the councils. 
‘‘(2) AGENCY TECHNICAL ADVICE AND ASSISTANCE, REGIONAL 
PILOT PROGRAMS.—The Secretary is authorized to provide nec-
essary technical advice and assistance, including grants, to 
the Councils for the development and design of regional pilot 
programs that build upon the recommendations of the advisory 
panel and, when completed, the study.’’.
H. R. 5946—44
SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM. 
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, in consultation with appro-
priate regional fishery management councils and in coordination 
with other federal agencies and educational institutions, shall, sub-
ject to the availability of appropriations, establish a program—
‘‘(1) to identify existing research on, and known locations 
of, deep sea corals and submit such information to the appro-
priate Councils; 
‘‘(2) to locate and map locations of deep sea corals and 
submit such information to the Councils; 
‘‘(3) to monitor activity in locations where deep sea corals 
are known or likely to occur, based on best scientific information 
available, including through underwater or remote sensing tech-
nologies and submit such information to the appropriate Coun-
cils; 
‘‘(4) to conduct research, including cooperative research 
with fishing industry participants, on deep sea corals and 
related species, and on survey methods; 
‘‘(5) to develop technologies or methods designed to assist 
fishing industry participants in reducing interactions between 
fishing gear and deep sea corals; and 
‘‘(6) to prioritize program activities in areas where deep 
sea corals are known to occur, and in areas where scientific 
modeling or other methods predict deep sea corals are likely 
to be present. 
‘‘(b) REPORTING.—Beginning 1 year after the date of enactment 
of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, the Secretary, in consultation with 
the Councils, shall submit biennial reports to Congress and the 
public on steps taken by the Secretary to identify, monitor, and 
protect deep sea coral areas, including summaries of the results 
of mapping, research, and data collection performed under the 
program.’’. 
SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING. 
(a) IN GENERAL.—The Undersecretary of Commerce for Oceans 
and Atmosphere shall execute an agreement with the National 
Academy of Sciences to conduct, jointly, a multi-year, comprehensive 
in-water study designed—
(1) to measure accurately the efforts and effects of shrimp 
fishery efforts to utilize turtle excluder devices; 
(2) to analyze the impact of those efforts on sea turtle 
mortality, including interaction between turtles and shrimp 
trawlers in the inshore, nearshore, and offshore waters of the 
Gulf of Mexico and similar geographical locations in the waters 
of the Southeastern United States; and 
(3) to evaluate innovative technologies to increase shrimp 
retention in turtle excluder devices while ensuring the protec-
tion of endangered and threatened sea turtles. 
(b) OBSERVERS.—In conducting the study, the Undersecretary 
shall ensure that observers are placed onboard commercial shrimp 
fishing vessels where appropriate or necessary.