H. R. 5946—9
(4) by inserting ‘‘other committees,’’ in paragraph (3)(A) 
after ‘‘committee,’’. 
(i) CONFLICTS OF INTEREST.—Section 302(j) (16 U.S.C. 1852(j)) 
is amended—
(1) by inserting ‘‘lobbying, advocacy,’’ after ‘‘processing,’’ 
in paragraph (2); 
(2) by striking ‘‘jurisdiction.’’ in paragraph (2) and inserting 
‘‘jurisdiction, or with respect to an individual or organization 
with a financial interest in such activity.’’; 
(3) by striking subparagraph (B) of paragraph (5) and 
inserting the following: 
‘‘(B) be kept on file by the Council and made available 
on the Internet and for public inspection at the Council offices 
during reasonable hours; and’’; and 
(4) by adding at the end the following: 
‘‘(9) On January 1, 2008, and annually thereafter, the Secretary 
shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Com-
mittee on Resources on action taken by the Secretary and the 
Councils to implement the disclosure of financial interest and 
recusal requirements of this subsection, including identification of 
any conflict of interest problems with respect to the Councils and 
scientific and statistical committees and recommendations for 
addressing any such problems.’’. 
(j) GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL.—Sec-
tion 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—
(1) by redesignating subparagraph (D) as subparagraph 
(E); and 
(2) by inserting after subparagraph (C) the following: 
‘‘(D)(i) The Governor of a State submitting a list of names 
of individuals for appointment by the Secretary of Commerce to 
the Gulf of Mexico Fisheries Management Council under subpara-
graph (C) shall include—
‘‘(I) at least 1 nominee each from the commercial, rec-
reational, and charter fishing sectors; and 
‘‘(II) at least 1 other individual who is knowledgeable 
regarding the conservation and management of fisheries 
resources in the jurisdiction of the Council. 
‘‘(ii) Notwithstanding the requirements of subparagraph (C), 
if the Secretary determines that the list of names submitted by 
the Governor does not meet the requirements of clause (i) the 
Secretary shall—
‘‘(I) publish a notice in the Federal Register asking the 
residents of that State to submit the names and pertinent 
biographical data of individuals who would meet the require-
ment not met for appointment to the Council; and 
‘‘(II) add the name of any qualified individual submitted 
by the public who meets the unmet requirement to the list 
of names submitted by the Governor. 
‘‘(iii) For purposes of clause (i) an individual who owns or 
operates a fish farm outside of the United States shall not be 
considered to be a representative of the commercial or recreational 
fishing sector. 
‘‘(iv) The requirements of this subparagraph shall expire at 
the end of fiscal year 2012.’’.
H. R. 5946—10
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS. 
(a) IN
GENERAL.—Section 303(a) (16 U.S.C. 1853(a)) is 
amended—
(1) by striking ‘‘and charter fishing’’ in paragraph (5) and 
inserting ‘‘charter fishing, and fish processing’’; 
(2) by inserting ‘‘economic information necessary to meet 
the requirements of this Act,’’ in paragraph (5) after ‘‘number 
of hauls,’’; 
(3) by striking ‘‘and’’ after the semicolon in paragraph 
(9)(A); 
(4) by inserting ‘‘and’’ after the semicolon in paragraph 
(9)(B); 
(5) by inserting after paragraph (9)(B) the following: 
‘‘(C) the safety of human life at sea, including whether 
and to what extent such measures may affect the safety 
of participants in the fishery;’’; 
(6) by striking ‘‘fishery’’ the first place it appears in para-
graph (13) and inserting ‘‘fishery, including its economic 
impact,’’; 
(7) by striking ‘‘and’’ after the semicolon in paragraph 
(13); 
(8) by striking ‘‘allocate’’ in paragraph (14) and inserting 
‘‘allocate, taking into consideration the economic impact of the 
harvest restrictions or recovery benefits on the fishery partici-
pants in each sector,’’; 
(9) by striking ‘‘fishery.’’ in paragraph (14) and inserting 
‘‘fishery and;’’; and 
(10) by adding at the end the following: 
‘‘(15) establish a mechanism for specifying annual catch 
limits in the plan (including a multiyear plan), implementing 
regulations, or annual specifications, at a level such that over-
fishing does not occur in the fishery, including measures to 
ensure accountability.’’. 
(b) EFFECTIVE DATES; APPLICATION TO CERTAIN SPECIES.—The 
amendment made by subsection (a)(10)—
(1) shall, unless otherwise provided for under an inter-
national agreement in which the United States participates, 
take effect—
(A) in fishing year 2010 for fisheries determined by 
the Secretary to be subject to overfishing; and 
(B) in fishing year 2011 for all other fisheries; and 
(2) shall not apply to a fishery for species that have a 
life cycle of approximately 1 year unless the Secretary has 
determined the fishery is subject to overfishing of that species; 
and 
(3) shall not limit or otherwise affect the requirements 
of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1851(a)(1) or 
1854(e), respectively). 
(c) CLARIFICATION OF REBUILDING PROVISION.—Section 304(e) 
(16 U.S.C. 1854(e)) is amended—
(1) by striking ‘‘one year of’’ in paragraph (3) and inserting 
‘‘2 years after’’; 
(2) by inserting ‘‘and implement’’ after ‘‘prepare’’ in para-
graph (3); 
(3) by inserting ‘‘immediately’’ after ‘‘overfishing’’ in para-
graph (3)(A);
H. R. 5946—11
(4) by striking ‘‘ending overfishing and’’ in paragraph (4)(A); 
and 
(5) by striking ‘‘one-year’’ in paragraph (5) and inserting 
‘‘2-year’’. 
(d) EFFECTIVE DATE FOR SUBSECTION (c).—The amendments 
made by subsection (c) shall take effect 30 months after the date 
of enactment of this Act. 
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS. 
Section 303(b) (16 U.S.C. 1853(b)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’ in paragraph (2); 
(2) by inserting after paragraph (2) the following: 
‘‘(B) designate such zones in areas where deep sea corals 
are identified under section 408, to protect deep sea corals 
from physical damage from fishing gear or to prevent loss 
or damage to such fishing gear from interactions with deep 
sea corals, after considering long-term sustainable uses of 
fishery resources in such areas; and 
‘‘(C) with respect to any closure of an area under this 
Act that prohibits all fishing, ensure that such closure—
‘‘(i) is based on the best scientific information available; 
‘‘(ii) includes criteria to assess the conservation benefit 
of the closed area; 
‘‘(iii) establishes a timetable for review of the closed 
area’s performance that is consistent with the purposes 
of the closed area; and 
‘‘(iv) is based on an assessment of the benefits and 
impacts of the closure, including its size, in relation to 
other management measures (either alone or in combina-
tion with such measures), including the benefits and 
impacts of limiting access to: users of the area, overall 
fishing activity, fishery science, and fishery and marine 
conservation;’’; 
(3) by striking ‘‘fishery;’’ in paragraph (5) and inserting 
‘‘fishery and take into account the different circumstances 
affecting fisheries from different States and ports, including 
distances to fishing grounds and proximity to time and area 
closures;’’; 
(4) by striking paragraph (6) and inserting the following: 
‘‘(6) establish a limited access system for the fishery in 
order to achieve optimum yield if, in developing such system, 
the Council and the Secretary take into account—
‘‘(A) present participation in the fishery; 
‘‘(B) historical fishing practices in, and dependence on, 
the fishery; 
‘‘(C) the economics of the fishery; 
‘‘(D) the capability of fishing vessels used in the fishery 
to engage in other fisheries; 
‘‘(E) the cultural and social framework relevant to the 
fishery and any affected fishing communities; 
‘‘(F) the fair and equitable distribution of access privi-
leges in the fishery; and 
‘‘(G) any other relevant considerations;’’; 
(5) by striking ‘‘(other than economic data)’’ in paragraph 
(7); 
(6) by striking ‘‘and’’ after the semicolon in paragraph 
(11); and
H. R. 5946—12
(7) by redesignating paragraph (12) as paragraph (14) and 
inserting after paragraph (11) the following: 
‘‘(12) include management measures in the plan to conserve 
target and non-target species and habitats, considering the 
variety of ecological factors affecting fishery populations; and’’. 
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS. 
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) is amended—
(1) by striking section 303(d); and 
(2) by inserting after section 303 the following: 
‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 
‘‘(a) IN GENERAL.—After the date of enactment of the Magnu-
son-Stevens Fishery Conservation and Management Reauthoriza-
tion Act of 2006, a Council may submit, and the Secretary may 
approve, for a fishery that is managed under a limited access 
system, a limited access privilege program to harvest fish if the 
program meets the requirements of this section. 
‘‘(b) NO CREATION
OF RIGHT, TITLE, OR INTEREST.—Limited 
access privilege, quota share, or other limited access system 
authorization established, implemented, or managed under this 
Act—
‘‘(1) shall be considered a permit for the purposes of sections 
307, 308, and 309; 
‘‘(2) may be revoked, limited, or modified at any time in 
accordance with this Act, including revocation if the system 
is found to have jeopardized the sustainability of the stock 
or the safety of fishermen; 
‘‘(3) shall not confer any right of compensation to the holder 
of such limited access privilege, quota share, or other such 
limited access system authorization if it is revoked, limited, 
or modified; 
‘‘(4) shall not create, or be construed to create, any right, 
title, or interest in or to any fish before the fish is harvested 
by the holder; and 
‘‘(5) shall be considered a grant of permission to the holder 
of the limited access privilege or quota share to engage in 
activities permitted by such limited access privilege or quota 
share. 
‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.— 
‘‘(1) IN GENERAL.—Any limited access privilege program 
to harvest fish submitted by a Council or approved by the 
Secretary under this section shall—
‘‘(A) if established in a fishery that is overfished or 
subject to a rebuilding plan, assist in its rebuilding; 
‘‘(B) if established in a fishery that is determined by 
the Secretary or the Council to have over-capacity, con-
tribute to reducing capacity; 
‘‘(C) promote—
‘‘(i) fishing safety; 
‘‘(ii) fishery conservation and management; and 
‘‘(iii) social and economic benefits; 
‘‘(D) prohibit any person other than a United States 
citizen, a corporation, partnership, or other entity estab-
lished under the laws of the United States or any State, 
or a permanent resident alien, that meets the eligibility 
and participation requirements established in the program 
from acquiring a privilege to harvest fish, including any