(3) To pay the interest costs for such loans over 
fiscal years 2007 through 2012, not to exceed 
amounts authorized under subsection (d). 
(4) To provide opportunities for loan forgive-
ness, as specified in subsection (c). 
(b) LOAN FORGIVENESS.— 
(1) IN GENERAL.—Upon application made by 
an eligible holder of a fishery finance program loan, 
made at such time, in such manner, and containing 
such information as the Secretary may require, the 
Secretary, on a calendar year basis beginning in 
2005, may— 
(A) offset against the outstanding balance 
on the loan an amount equal to the sum of the 
amounts expended by the holder during the cal-
endar year to repair or replace covered vessels 
or facilities, or to invest in new fisheries infra-
structure within or for use within the declared 
fisheries disaster area; or 
(B) cancel the amount of debt equal to 
100 hundred percent of actual expenditures on 
eligible repairs, reinvestment, expansion, or new 
investment in fisheries infrastructure in the dis-
aster region, or repairs to, or replacement of, 
eligible fishing vessels. 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
(c) DEFINITIONS.—In this section: 
(1) DECLARED FISHERIES DISASTER AREA.— 
The term ‘‘declared fisheries disaster area’’ means 
fisheries located in the major disaster area des-
ignated by the President under the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) as a result of Hurricane 
Katrina or Hurricane Rita. 
(2) ELIGIBLE
HOLDER.—The term ‘‘eligible 
holder’’ means the holder of a fishery finance pro-
gram loan if— 
(A) that loan is used to guarantee or fi-
nance any fishing vessel or fish processing facil-
ity home-ported or located within the declared 
fisheries disaster area; and 
(B) the holder makes expenditures to re-
pair or replace such covered vessels or facilities, 
or invests in new fisheries infrastructure within 
or for use within the declared fisheries disaster 
area, to restore such facilities following the dis-
aster. 
(3) FISHERY FINANCE PROGRAM LOAN.—The 
term ‘‘fishery finance program loan’’ means a loan 
made or guaranteed under the fishery finance pro-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
gram under title XI of the Merchant Marine Act, 
1936, (46 U.S.C. App. 1271 et seq.). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Com-
merce for the purposes of this section not more than 
$15,000,000 for each eligible holder for the period begin-
ning with fiscal year 2007 through fiscal year 2012. 
SEC. 113. SHRIMP FISHERIES HURRICANE ASSISTANCE 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Commerce shall 
establish an assistance program for the Gulf of Mexico 
shrimp fishing industry. 
(b) ALLOCATION OF FUNDS.—Under the program, 
the Secretary shall allocate funds appropriated to carry 
out the program among the States of Alabama, Louisiana, 
Florida, Mississippi, and Texas in proportion to the per-
centage of the shrimp catch landed by each State, except 
that the amount allocated to Florida shall be based exclu-
sively on the proportion of such catch landed by the Flor-
ida Gulf Coast fishery. 
(c) USE OF FUNDS.—Of the amounts made available 
to each State under the program— 
(1) 2 percent shall be retained by the State to 
be used for the distribution of additional payments 
to fishermen with a demonstrated record of compli-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
ance with turtle excluder and bycatch reduction de-
vice regulations; and 
(2) the remainder of the amounts shall be used 
for— 
(A) personal assistance, with priority given 
to food, energy needs, housing assistance, 
transportation fuel, and other urgent needs; 
(B) assistance for small businesses, includ-
ing fishermen, fish processors, and related busi-
nesses serving the fishing industry; 
(C) domestic product marketing and sea-
food promotion; 
(D) State seafood testing programs; 
(E) the development of limited entry pro-
grams for the fishery; 
(F) funding or other incentives to ensure 
widespread and proper use of turtle excluder 
devices and bycatch reduction devices in the 
fishery; and 
(G) voluntary capacity reduction programs 
for shrimp fisheries under limited access pro-
grams. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Com-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
merce $17,500,000 for fiscal years 2007 through 2012 to 
carry out this section. 
SEC. 114. BYCATCH REDUCTION ENGINEERING PROGRAM. 
Title III (16 U.S.C. 1851 et seq.), as amended by 
section 114 of this Act, is further amended by adding at 
the end the following: 
‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM. 
‘‘(a) BYCATCH
REDUCTION
ENGINEERING
PRO-
GRAM.—Not later than 1 year after the date of enactment 
of the Magnuson-Stevens Fishery Conservation and Man-
agement Amendments Act of 2006, the Secretary, in co-
operation with the Councils and other affected interests, 
and based upon the best scientific information available, 
shall establish a bycatch reduction program to develop 
technological devices and other conservation engineering 
changes designed to minimize bycatch, seabird bycatch, 
bycatch mortality, and post-release mortality in federally 
managed fisheries. The program shall— 
‘‘(1) be regionally based; 
‘‘(2) be coordinated with projects conducted 
under the cooperative research and management 
program established under this Act; 
‘‘(3) provide information and outreach to fish-
ery participants that will encourage adoption and 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
use of technologies developed under the program; 
and 
‘‘(4) provide for routine consultation with the 
Councils in order to maximize opportunities to incor-
porate results of the program in Council actions and 
provide incentives for adoption of methods developed 
under the program in fishery management plans de-
veloped by the Councils. 
‘‘(b) INCENTIVES.—Any fishery management plan 
prepared by a Council or by the Secretary may establish 
a system of incentives to reduce total bycatch and seabird 
bycatch amounts, bycatch rates, and post-release mortality 
in fisheries under the Council’s or Secretary’s jurisdiction, 
including— 
‘‘(1) measures to incorporate bycatch into 
quotas, including the establishment of collective or 
individual bycatch quotas; 
‘‘(2) measures to promote the use of gear with 
verifiable and monitored low bycatch and seabird by-
catch rates; and 
‘‘(3) measures that, based on the best scientific 
information available, will reduce bycatch and 
seabird bycatch, bycatch mortality, post-release mor-
tality, or regulatory discards in the fishery.’’. 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
SEC. 115. ECOSYSTEM MANAGEMENT. 
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. 318. ECOSYSTEM MANAGEMENT. 
‘‘(a) GUIDELINES.— 
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with the Councils and within 24 months 
after the date of the enactment of the Magnuson- 
Stevens Fishery Conservation and Management 
Amendments Act of 2006, publish draft guidelines 
(which shall not have the force and effect of law) for 
the Councils concerning ecosystem considerations in 
fishery conservation and management. 
‘‘(2) CONTENTS.—The guidelines shall include 
definitions of the term ‘ecosystem’ for purposes of 
this Act. 
‘‘(b) FISHERY ECOSYSTEM PLANS.—Each Council, 
or the Secretary as appropriate, may prepare a fishery 
ecosystem plan in order to assist in implementing an eco-
system approach to managing fisheries within its area of 
authority. In preparing a fishery ecosystem plan, a Coun-
cil shall coordinate with Federal and State agencies re-
sponsible for scientific understanding and management of 
other marine resources and sector activities. 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
‘‘(c) CONTENTS OF FISHERY ECOSYSTEM PLANS.— 
Fishery ecosystem plans shall be consistent with the advi-
sory guidelines established in subsection (a) and shall con-
tain conservation and management measures applicable to 
fishery resources throughout the fishery ecosystem, includ-
ing measures that the Council or the Secretary may con-
sider appropriate to— 
‘‘(1) avoid or minimize adverse effects of fishing 
on fish habitat, as well as other components of the 
ecosystem; 
‘‘(2) establish marine managed areas in the ex-
clusive economic zone or the high seas; 
‘‘(3) manage fishing capacity; and 
‘‘(4) coordinate fishery science and manage-
ment actions with Federal and State agencies re-
sponsible for scientific understanding and manage-
ment of other marine resources and sector activities, 
such as pollution prevention and habitat modifica-
tion. 
‘‘(d) JOINT PLANS.—If a fishery ecosystem encom-
passes waters under the authority of more than one Coun-
cil, or a Council or Councils and the Secretary, for fish-
eries under section 302(a)(3), the Councils, or the Council 
or Councils and the Secretary, as appropriate, may col-
laborate to jointly prepare a fishery ecosystem plan for 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
that ecosystem. In preparing a joint fishery ecosystem 
plan, a Council or Councils, or the Council or Councils 
and the Secretary, as appropriate, shall coordinate with 
Federal and State agencies managing other marine re-
sources and sector activities.’’. 
SEC. 116. COMMUNITY-BASED RESTORATION PROGRAM 
FOR FISHERY AND COASTAL HABITATS. 
(a) IN GENERAL.—The Secretary of Commerce shall 
establish a community-based fishery and coastal habitat 
restoration program to implement and support the res-
toration of fishery and coastal habitats. 
(b) AUTHORIZED ACTIVITIES.—In carrying out the 
program, the Secretary may— 
(1) provide funding and technical expertise to 
fishery and coastal communities to assist them in re-
storing fishery and coastal habitat; 
(2) advance the science and monitoring of 
coastal habitat restoration; 
(3) transfer restoration technologies to the pri-
vate sector, the public, and other governmental 
agencies; 
(4) develop public-private partnerships to ac-
complish sound coastal restoration projects; 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
(5) promote significant community support and 
volunteer participation in fishery and coastal habitat 
restoration; 
(6) promote stewardship of fishery and coastal 
habitats; and 
(7) leverage resources through national, re-
gional, and local public-private partnerships. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section there are authorized to be appropriated 
to the Secretary— 
(1) for the first full fiscal year beginning after 
the date of the enactment of this Act, $12,000,000; 
and 
(2) for each fiscal year thereafter through fiscal 
year 2012, the sum of the amount authorized under 
this subsection for the preceding fiscal year, plus 
$2,000,000. 
SEC. 117. PROHIBITED ACTS. 
Section 307(1) (16 U.S.C. 1857(1)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in sub-
paragraph (O); 
(2) by striking ‘‘carcass.’’ in subparagraph (P) 
and inserting ‘‘carcass;’’; and 
(3) by inserting after subparagraph (P) and be-
fore the last sentence the following: 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
‘‘(Q) to import, export, transport, sell, re-
ceive, acquire, or purchase in interstate or for-
eign commerce any fish taken, possessed, trans-
ported, or sold in violation of any foreign law 
or regulation; or 
‘‘(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. 118. COOPERATIVE RESTORATION PROJECTS. 
Section 305(b) (16 U.S.C. 1855(b)) is amended by 
adding at the end the following: 
‘‘(5)(A) In furtherance of the purposes of this 
Act, the Secretary or a Council may enter into a co-
operative agreement with any Federal agency, State 
or local government, university, non-governmental 
organization, or other qualified entity to undertake 
activities to provide for the conservation, restoration, 
protection, or enhancement of essential fish habitat. 
‘‘(B) The Secretary may provide financial as-
sistance to any entity with whom the Secretary or a 
Council has entered into a cooperative agreement 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS