(b) 
FEES.—Section 
304(d)(2)(A) 
(16 
U.S.C. 
1854(d)(2)(A)) is amended by striking ‘‘management and 
enforcement’’ and inserting ‘‘management, data collection, 
and enforcement’’. 
(c) INVESTMENT
IN
UNITED
STATES
SEAFOOD 
PROCESSING FACILITIES.—The Secretary of Commerce 
shall work with the Small Business Administration and 
other Federal agencies to develop financial and other 
mechanisms to encourage United States investment in sea-
food processing facilities in the United States for fisheries 
that lack capacity needed to process fish harvested by 
United States vessels in compliance with the Magnuson— 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(d) 
CONFORMING
AMENDMENT.—Section 
304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended 
by striking ‘‘section 305(h)(5)(B)’’ and all that follows 
and inserting ‘‘section 305(h)(5)(B).’’. 
(e) APPLICATION
WITH
AMERICAN
FISHERIES 
ACT.—Nothing in section 303A of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.), as added by subsection (a), shall be con-
strued to modify or supersede any provision of the Amer-
ican Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 
note; et seq.). 
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SEC. 106. ACTION BY SECRETARY ON FISHERY MANAGE-
MENT PLANS AND AMENDMENTS TO PLANS. 
(a) REVIEW
OF
PLANS
AND
INITIAL
REGULA-
TIONS.—Section 304(a) (16 U.S.C. 1854(a)) is amended 
to read as follows: 
‘‘(a) REVIEW OF PLANS.— 
‘‘(1) PRELIMINARY EVALUATION.— 
‘‘(A) Upon transmittal by the Council to 
the Secretary of a fishery management plan or 
plan amendment and any proposed imple-
menting regulations prepared under section 
303(c)(1), the Secretary shall make a prelimi-
nary evaluation of the management plan or 
amendment as to whether it is sufficient in 
scope and substance to warrant review under 
this subsection and consistent with the national 
standards, the other provisions of this Act, and 
other applicable laws. 
‘‘(B) If the preliminary evaluation is nega-
tive, the Secretary shall disapprove the plan or 
amendment and notify the Council, in writing, 
of the reasons for the disapproval. 
‘‘(2) NOTICE
OF
PROPOSED
PLANS, AMEND-
MENTS, AND RULES.—By the 15th day following an 
affirmative preliminary evaluation under (1)(A), the 
Secretary shall publish in the Federal Register— 
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‘‘(A) a notice stating that the plan or 
amendment is available and that written data, 
views, or comments of interested persons on the 
plan or amendment may be submitted to the 
Secretary during the 50-day period beginning 
on the date the notice is published; and 
‘‘(B) any proposed implementing regula-
tions that the Secretary preliminarily deter-
mines to be consistent with the fishery manage-
ment plan or amendment, this Act, and any 
other applicable law, subject to the Secretary’s 
authority to include such changes to the Coun-
cil’s proposed regulations as the Secretary be-
lieves necessary, together with an explanation of 
those changes for a 50-day comment period. 
‘‘(3) SECRETARIAL
DECISION
ON
PLAN
OR 
AMENDMENT.— 
‘‘(A) The Secretary shall approve, dis-
approve, or partially approve a plan or amend-
ment within 30 days after the end of the com-
mend period under paragraph (2) by written 
notice to the Council. 
‘‘(B) In making this determination, the 
Secretary shall— 
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‘‘(i) take into account the information, 
views, and comments received from inter-
ested persons; 
‘‘(ii) consult with the Secretary of 
State with respect to foreign fishing; and 
‘‘(iii) consult with the Secretary of the 
department in which the Coast Guard is 
operating with respect to enforcement at 
sea and to fishery access adjustments re-
ferred to in section 303(a)(5). 
‘‘(C) A notice of disapproval or partial ap-
proval shall specify— 
‘‘(i) the applicable law with which the 
plan or amendment is inconsistent; 
‘‘(ii) the nature of such inconsist-
encies; and 
‘‘(iii) recommendations concerning the 
actions that could be taken by the Council 
to conform such plan or amendment to the 
requirements of applicable law. 
‘‘(4) DISAPPROVAL OR PARTIAL APPROVAL.—If 
the Secretary disapproves or partially approves a 
plan or amendment, the Council may submit a re-
vised plan or amendment to the Secretary for review 
under this subsection. 
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‘‘(5) ACCOMPANYING
REGULATIONS.—If the 
Secretary published proposed implementing regula-
tions pursuant to paragraph (2)(B), the Secretary 
shall either— 
‘‘(A) publish final regulations within 45 
days after the end of the comment period under 
paragraph (2)(B); or 
‘‘(B) notify the Council in writing of incon-
sistencies with the plan, the amendment, this 
Act, or other applicable law and provide rec-
ommendations on revisions to cure the incon-
sistencies. 
Upon receiving such a notification from the Sec-
retary, the Council may revise the regulations and 
resubmit them to the Secretary for reevaluation 
under subsection (b). 
‘‘(6) RELATIONSHIP TO OTHER LAW.—Fishery 
management 
plans, 
fishery 
management 
plan 
amendments, and fishery ecosystem plans are not 
rules subject to section 553 of title 5, United States 
Code, and need not be codified in the Code of Fed-
eral Regulations in accordance with chapter 15 of 
title 44, United States Code.’’. 
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(b) REVIEW
OF
OTHER
REGULATIONS.—Section 
304(b) (16 U.S.C. 1854(b)) is amended by striking para-
graph (1) and inserting the following: 
‘‘(1) EVALUATION.— 
‘‘(A) Upon transmittal by the Council to 
the Secretary of regulations proposed under 
section 303(c)(2) or (3), the Secretary shall ini-
tiate an evaluation of the proposed regulations 
to determine whether they are consistent with 
the fishery management plan, this Act, and 
other applicable law. 
‘‘(B) If the Secretary determines that the 
regulations are consistent, the Secretary shall, 
within 15 days after transmittal by the Council, 
publish such regulations in the Federal Reg-
ister, with such changes as may be necessary 
and an explanation of those changes, for a pub-
lic comment period of at least 15 days and not 
more than 60 days. 
‘‘(C) If the Secretary determines that the 
regulations are not consistent, the Secretary 
shall, within 15 days after transmittal by the 
Council, notify the Council in writing of the in-
consistencies and provide recommendations on 
revisions that would make the proposed regula-
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tions consistent with the fishery management 
plan, this Act, and other applicable law.’’. 
(c) ALTERNATIVE PROCEDURAL MECHANISMS.—Sec-
tion 304 (16 U.S.C. 1854) is amended by adding at the 
end the following: 
‘‘(i) ALTERNATIVE PROCEDURAL MECHANISMS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) In a fishery management plan or 
amendment, the Council or Secretary, as appro-
priate, may develop alternative procedural 
mechanisms to be used in lieu of plan amend-
ments for implementing conservation and man-
agement measures. 
‘‘(B) Such mechanisms may allow for ab-
breviated processes for the implementation of 
regulations or other actions as appropriate. 
‘‘(C) Alternative procedural mechanisms 
shall only be approved or adopted for use in sit-
uations where— 
‘‘(i) the conservation and management 
measure is within the scope of conservation 
and management measures established in 
an existing plan; 
‘‘(ii) otherwise applicable regulatory 
processes are not sufficient to allow timely 
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and efficient implementation of the con-
servation and management measure in re-
sponse to new information; and 
‘‘(iii) notice of the conservation and 
management measure is provided appro-
priate to the significance of the expected 
impacts on affected fishery resources and 
on the participants in the fishery. 
‘‘(D) Any final agency action taken pursu-
ant to the alternative procedural mechanism 
must be promptly published in the Federal Reg-
ister. 
‘‘(2) IMPLEMENTING REGULATIONS.—If the al-
ternative procedural mechanism is approved by the 
Secretary pursuant to section 304(a), or adopted by 
the Secretary pursuant to section 304(c) or (g) and 
implemented through regulations, any regulation 
issued or other action taken pursuant to the alter-
native procedural mechanism need not comply with 
the rulemaking provisions of section 304(b), (c), or 
(g), or subsections (b) through (d) of section 553 of 
title 5, United States Code.’’. 
(d) EMERGENCY REGULATIONS.—Section 305(c)(3) 
(16 U.S.C. 1855(c)(3)) is amended— 
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(1) in the matter preceding subparagraph (A) 
by inserting ‘‘Subsections (b) through (d) of section 
553 of title 5, United States Code, shall not apply 
to emergency regulations issued pursuant to this 
provision.’’ after ‘‘the period in which such regula-
tion is in effect.’’; 
(2) in subparagraph (B) by striking ‘‘180 days’’ 
the second time it appears and inserting ‘‘186 
days’’; and 
(3) in subparagraph (D) by inserting ‘‘or in-
terim measures’’ after ‘‘emergency regulations’’. 
(e) RESPONSIBILITY OF THE SECRETARY.—Section 
305(d) (16 U.S.C. 1855(d)) is amended by striking sub-
section (d) and inserting the following: 
‘‘(d) RESPONSIBILITY OF THE SECRETARY.— 
‘‘(1) IN GENERAL.—The Secretary shall have 
general responsibility to carry out any fishery man-
agement plan or amendment approved or prepared 
by the Secretary, in accordance with this Act. 
‘‘(2) REGULATIONS.—In addition to the other 
rulemaking provisions of this Act, the Secretary 
shall promulgate such regulations, in accordance 
with section 553 of title 5, United States Code, as 
may be necessary to discharge such responsibilities 
or to carry out any other provision of this Act. 
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‘‘(3) GUIDANCE.—The Secretary may issue 
guidance to interpret and facilitate implementation 
of this Act.’’. 
SEC. 107. ENVIRONMENTAL REVIEW PROCESS. 
Section 304 (16 U.S.C. 1854) is amended by adding 
at the end the following: 
‘‘(i) ENVIRONMENTAL REVIEW PROCESS.— 
‘‘(1) PROCEDURES.—The Secretary shall, in 
consultation with the Councils and the Council on 
Environmental Quality, revise and update agency 
procedures for compliance with the National Envi-
ronmental Policy Act (42 U.S.C. 4231 et seq.). The 
procedures shall— 
‘‘(A) conform to the time lines for review 
and approval of fishery management plans and 
plan amendments under this section; and 
‘‘(B) integrate applicable environmental 
analytical procedures, including the time frames 
for public input, with the procedure for the 
preparation and dissemination of fishery man-
agement plans, plan amendments, and other ac-
tions taken or approved pursuant to this Act in 
order to provide for timely, clear and concise 
analysis that is useful to decision makers and 
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the public, reduce extraneous paperwork, and 
effectively involve the public. 
‘‘(2) USAGE.—The updated agency procedures 
promulgated in accordance with this section used by 
the Councils or the Secretary shall be the sole envi-
ronmental impact assessment procedure for fishery 
management plans, amendments, regulations, or 
other actions taken or approved pursuant to this 
Act. 
‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL 
PROCEDURES.—The Secretary shall— 
‘‘(A) propose revised procedures within 12 
months after the date of enactment of the Mag-
nuson-Stevens Fishery Conservation and Man-
agement Amendments Act of 2006; 
‘‘(B) provide 90 days for public review and 
comments; and 
‘‘(C) promulgate final procedures no later 
than 18 months after the date of enactment of 
that Act. 
‘‘(4) PUBLIC PARTICIPATION.—The Secretary is 
authorized and directed, in cooperation with the 
Council on Environmental Quality and the Councils, 
to involve the affected public in the development of 
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revised procedures, including workshops or other ap-
propriate means of public involvement.’’. 
SEC. 108. EMERGENCY REGULATIONS. 
(a) LENGTHENING
OF SECOND EMERGENCY PE-
RIOD.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 
is amended by striking ‘‘180 days,’’ and inserting ‘‘186 
days,’’. 
(b) TECHNICAL AMENDMENT.—Section 305(c)(3)(D) 
(16 U.S.C. 1855(c)(3)(D)) is amended by inserting ‘‘or 
interim measures’’ after ‘‘emergency regulations’’. 
SEC. 109. JOINT ENFORCEMENT AGREEMENTS. 
(a) IN GENERAL.—Section 311 (16 U.S.C. 1861) is 
amended— 
(1) by striking ‘‘and’’ after the semicolon in 
subsection (b)(1)(A)(iv); 
(2) by inserting ‘‘and’’ after the semicolon in 
subsection (b)(1)(A)(v); 
(3) by inserting after clause (v) of subsection 
(b)(1)(A) the following: 
‘‘(vi) access, directly or indirectly, for 
enforcement purposes any data or informa-
tion required to be provided under this 
title or regulations under this title, includ-
ing data from Global Maritime Distress 
and Safety Systems, vessel monitoring sys-
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tems, or any similar system, subject to the 
confidentiality provisions of section 402;’’; 
(4) by redesignating subsection (h) as sub-
section (j); and 
(5) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) JOINT ENFORCEMENT AGREEMENTS.— 
‘‘(1) IN GENERAL.—The Governor of an eligible 
State may apply to the Secretary for execution of a 
joint enforcement agreement with the Secretary that 
will authorize the deputization and funding of State 
law enforcement officers with marine law enforce-
ment responsibilities to perform duties of the Sec-
retary relating to law enforcement provisions under 
this title or any other marine resource law enforced 
by the Secretary. Upon receiving an application 
meeting the requirements of this subsection, the Sec-
retary may enter into a joint enforcement agreement 
with the requesting State. 
‘‘(2) ELIGIBLE STATE.—A State is eligible to 
participate in the cooperative enforcement agree-
ments under this section if it is in, or bordering on, 
the Atlantic Ocean (including the Caribbean Sea), 
the Pacific Ocean, the Arctic Ocean, the Gulf of 
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Mexico, Long Island Sound, or 1 or more of the 
Great Lakes. 
‘‘(3) 
REQUIREMENTS.—Joint 
enforcement 
agreements executed under paragraph (1)— 
‘‘(A) shall be consistent with the purposes 
and intent of this section to the extent applica-
ble to the regulated activities; 
‘‘(B) may include specifications for joint 
management responsibilities as provided by the 
first section of Public Law 91–412 (15 U.S.C. 
1525); and 
‘‘(C) shall provide for confidentiality of 
data and information submitted to the State 
under section 402. 
‘‘(4) ALLOCATION OF FUNDS.—The Secretary 
shall include in each joint enforcement agreement an 
allocation of funds to assist in management of the 
agreement. The allocation shall be fairly distributed 
among all eligible States participating in cooperative 
enforcement agreements under this subsection, based 
upon consideration of Federal marine enforcement 
needs, the specific marine conservation enforcement 
needs of each participating eligible State, and the 
capacity of the State to undertake the marine en-
forcement mission and assist with enforcement 
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needs. The agreement may provide for amounts to 
be withheld by the Secretary for the cost of any 
technical or other assistance provided to the State 
by the Secretary under the agreement. 
‘‘(i) IMPROVED DATA SHARING.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, as soon as practicable but no 
later than 21 months after the date of enactment of 
the Magnuson-Stevens Fishery Conservation and 
Management Amendments Act of 2006, the Sec-
retary shall implement data-sharing measures to 
make any data required to be provided by this Act 
from Global Maritime Distress and Safety Systems, 
vessel monitoring systems, or similar systems— 
‘‘(A) directly accessible by State enforce-
ment officers authorized under subsection (a) of 
this section; and 
‘‘(B) available to a State management 
agency involved in, or affected by, management 
of a fishery if the State has entered into an 
agreement with the Secretary under section 
402(b)(1)(B) of this Act. 
‘‘(2) AGREEMENT
REQUIRED.—The Secretary 
shall promptly enter into an agreement with a State 
under section 402(b)(1)(B) of this Act if— 
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‘‘(A) the Attorney General or highest rank-
ing legal officer of the State provides a written 
opinion or certification that State law allows 
the State to maintain the confidentiality of in-
formation required by Federal law to be kept 
confidential; or 
‘‘(B) the Secretary is provided other rea-
sonable assurance that the State can and will 
protect the identity or business of any person to 
which such information relates.’’. 
(b) REPORT ON USING GMDSS FOR FISHERY PUR-
POSES.—Within 15 months after the date of enactment 
of this Act, the National Marine Fisheries Service and the 
Coast Guard shall transmit a joint report to the Senate 
Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Re-
sources containing— 
(1) a cost-to-benefit analysis of the feasibility, 
value, and cost of using the Global Maritime Dis-
tress and Safety Systems, vessel monitoring systems, 
or similar systems for fishery management, con-
servation, enforcement, and safety purposes with the 
Federal Government bearing the capital costs of any 
such system; 
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(2) an examination of the cumulative impact of 
existing requirements for commercial vessels; 
(3) an examination of whether the Global Mari-
time Distress and Safety Systems or similar require-
ments would overlap existing requirements or render 
them redundant; 
(4) an examination of how data integration 
from such systems could be addressed; 
(5) an examination of how to maximize the 
data-sharing opportunities between relevant State 
and Federal agencies and provide specific informa-
tion on how to develop these opportunities, including 
the provision of direct access to the Global Maritime 
Distress and Safety Systems or similar system data 
to State enforcement officers, while considering the 
need to maintain or provide an appropriate level of 
individual vessel confidentiality where practicable; 
and 
(6) an assessment of how the Global Maritime 
Distress and Safety Systems or similar systems 
could be developed, purchased, and distributed to 
regulated vessels. 
SEC. 110. TRANSITION TO SUSTAINABLE FISHERIES. 
(a) IN GENERAL.—Section 312 (16 U.S.C. 1861a) 
is amended— 
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(1) in subsection (a)(1)(B) by striking ‘‘meas-
ures;’’ and inserting ‘‘measures, including regulatory 
restrictions imposed to protect human health or the 
marine environment and judicially imposed harvest 
restrictions;’’; 
(2) in subsection (a)(4) by striking ‘‘1996, 
1997, 1998, and 1999.’’ and inserting ‘‘2007 
through 2012.’’; 
(3) in subsection (b)(1) by striking ‘‘or the Gov-
ernor of a State for fisheries under State authority, 
may conduct a fishing’’ and inserting ‘‘the Governor 
of a State for fisheries under State authority, or a 
majority of permit holders in the fishery, may con-
duct a voluntary fishing’’; 
(4) in subsection (b)(1)(B)(i) by inserting 
‘‘practicable’’ after ‘‘entrants,’’; 
(5) in subsection (b)(1)(C) by striking ‘‘cost-ef-
fective and’’ and inserting ‘‘cost-effective and, in the 
instance of a program involving an industry fee sys-
tem, prospectively, and’’; 
(6) in subsection (b)(1) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (B), by 
striking the period at the end of subparagraph (C) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
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‘‘(D) if implemented under paragraph 
(2)(B), includes measures that will prevent an 
increase in fishing capacity or effort in other 
fisheries, including a moratorium on new en-
trants, practicable restrictions on vessel up-
grades, and other effort control measures.’’; 
(7) in subsection (b)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) the owner of a fishing vessel, if the permit 
authorizing the participation of the vessel in the 
fishery is surrendered for permanent revocation and 
the vessel owner and permit holder relinquish any 
claim associated with the vessel or permit that could 
qualify such owner or holder for any present or fu-
ture limited access system permit in the fishery for 
which the program is established and such vessel is 
(i) scrapped, or (ii) through the Secretary of the de-
partment in which the Coast Guard is operating, 
subjected to title restrictions (including loss of the 
vessel’s fisheries endorsement) that permanently 
prohibit and effectively prevent its use in fishing in 
federal or state waters, or fishing on the high seas 
or in the waters of a foreign nation; or’’; 
(8) in subsection (b)(4) by striking ‘‘The Sec-
retary shall consult, as appropriate, with Councils,’’ 
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and inserting ‘‘The harvester proponents of each 
program and the Secretary shall consult, as appro-
priate and practicable, with Councils,’’; 
(9) in subsection (d)(1)(A) by striking ‘‘Sec-
retary, at the request of the appropriate Council,’’ 
and inserting ‘‘Secretary’’; 
(10) in subsection (d)(1)(A) by striking ‘‘Sec-
retary, in consultation with the Council,’’ and insert-
ing ‘‘Secretary’’; 
(11) in subsection (d)(1)(B) by striking ‘‘a two- 
thirds majority of the participants voting.’’ and in-
serting ‘‘at least a majority of the permit holders in 
the fishery, or 50 percent of the permitted allocation 
of the fishery, who participated in the fishery.’’; 
(12) in subsection (d)(2)(C) by striking ‘‘estab-
lish;’’ and inserting ‘‘establish, unless the Secretary 
determines that such fees should be collected from 
the seller;’’ and 
(13) by striking subsection (e) and inserting the 
following: 
‘‘(e) IMPLEMENTATION PLAN.— 
‘‘(1) FRAMEWORK
REGULATIONS.—The Sec-
retary shall propose and adopt framework regula-
tions applicable to the implementation of all pro-
grams under this section. 
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‘‘(2) PROGRAM REGULATIONS.—The Secretary 
shall implement each program under this section by 
promulgating regulations that, together with the 
framework regulations, establish each program and 
control its implementation. 
‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTA-
TION PLAN.—The Secretary may not propose imple-
mentation regulations for a program to be paid for 
by an industry fee system until the harvester pro-
ponents of the program provide to the Secretary a 
proposed implementation plan that, among other 
matters— 
‘‘(A) proposes the types and numbers of 
vessels or permits that are eligible to participate 
in the program and the manner in which the 
program shall proceed, taking into account— 
‘‘(i) the requirements of this section; 
‘‘(ii) the requirements of the frame-
work regulations; 
‘‘(iii) the characteristics of the fishery; 
‘‘(iv) the requirements of the applica-
ble fishery management plan and any 
amendment that such plan may require to 
support the proposed program; 
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‘‘(v) the general needs and desires of 
harvesters in the fishery; 
‘‘(vi) the need to minimize program 
costs; and 
‘‘(vii) other matters, including the 
manner in which such proponents propose 
to fund the program to ensure its cost ef-
fectiveness, as well as any relevant factors 
demonstrating the potential for, or nec-
essary to obtain, the support and general 
cooperation of a substantial number of af-
fected harvesters in the fishery (or portion 
of the fishery) for which the program is in-
tended; and 
‘‘(B) proposes procedures for program par-
ticipation (such as submission of owner bids 
under an auction system or fair market-value 
assessment), including any terms and condi-
tions for participation, that the harvester pro-
ponents deem to be reasonably necessary to 
meet the program’s proposed objectives. 
‘‘(4) PARTICIPATION
CONTRACTS.—The Sec-
retary shall contract with each person participating 
in a program, and each such contract shall, in addi-
tion to including such other matters as the Secretary 
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deems necessary and appropriate to effectively im-
plement each program (including penalties for con-
tract non-performance) be consistent with the frame-
work and implementing regulations and all other ap-
plicable law. 
‘‘(5) REDUCTION
AUCTIONS.—Each program 
not involving fair market assessment shall involve a 
reduction auction that scores the reduction price of 
each bid offer by the data relevant to each bidder 
under an appropriate fisheries productivity factor. If 
the Secretary accepts bids, the Secretary shall ac-
cept responsive bids in the rank order of their bid 
scores, starting with the bid whose reduction price is 
the lowest percentage of the productivity factor, and 
successively accepting each additional responsive bid 
in rank order until either there are no more respon-
sive bids or acceptance of the next bid would cause 
the total value of bids accepted to exceed the amount 
of funds available for the program. 
‘‘(6) BID
INVITATIONS.—Each program shall 
proceed by the Secretary issuing invitations to bid 
setting out the terms and conditions for participa-
tion consistent with the framework and imple-
menting regulations. Each bid that the Secretary re-
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ceives in response to the invitation to bid shall con-
stitute an irrevocable offer from the bidder.’’. 
(b) TECHNICAL AMENDMENT.—Sections 116, 203, 
204, 205, and 206 of the Sustainable Fisheries Act are 
deemed to have added sections 312, 402, 403, 404, and 
405, respectively to the Act as of the date of enactment 
of the Sustainable Fisheries Act. 
(c) REPORT ON OVER CAPITALIZATION.— 
(1) IN GENERAL.—The Secretary shall, within 
12 months after the date of the enactment of this 
Act, submit to the Congress a report— 
(A) identifying and describing the 20 fish-
eries in United States waters with the most se-
vere examples of excess harvesting capacity in 
the fisheries, based on value of each fishery and 
the amount of excess harvesting capacity as de-
termined by the Secretary; 
(B) recommending measures for reducing 
such excess harvesting capacity, including the 
retirement of any latent fishing permits that 
could contribute to further excess harvesting ca-
pacity in those fisheries; 
(C) a description of where retired fishing 
boats are transferred after retirement; 
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(D) recommendation of a possible format 
of a fishing vessel buyout program; and 
(E) potential sources of funding for such 
measures. 
(2) BASIS FOR RECOMMENDATIONS.—The Sec-
retary shall base the recommendations made with re-
spect to a fishery on— 
(A) the most cost effective means of 
achieving voluntary reduction in capacity for 
the fishery using the potential for industry fi-
nancing; and 
(B) including measures to prevent the ca-
pacity that is being removed from the fishery 
from moving to other fisheries in the United 
States, in the waters of a foreign nation, or in 
the high seas. 
SEC. 111. REGIONAL COASTAL DISASTER ASSISTANCE, 
TRANSITION, AND RECOVERY PROGRAM. 
Title III (16 U.S.C. 1851 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, 
TRANSITION, AND RECOVERY PROGRAM. 
‘‘(a) IN GENERAL.—When there is a catastrophic re-
gional fishery disaster the Secretary may, upon the re-
quest of, and in consultation with, the Governors of af-
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fected States, establish a regional economic transition pro-
gram to provide immediate disaster relief assistance to the 
fishermen, charter fishing operators, United States fish 
processors, and owners of related fishery infrastructure af-
fected by the disaster. 
‘‘(b) PROGRAM COMPONENTS.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations, the program shall provide funds 
or other economic assistance to affected entities, or 
to governmental entities for disbursement to affected 
entities, for— 
‘‘(A) meeting immediate regional shoreside 
fishery infrastructure needs, including proc-
essing facilities, cold storage facilities, ice 
houses, docks, including temporary docks and 
storage facilities, and other related shoreside 
fishery support facilities and infrastructure; 
‘‘(B) financial assistance and job training 
assistance for fishermen who wish to remain in 
a fishery in the region that may be temporarily 
closed as a result of environmental or other ef-
fects associated with the disaster; 
‘‘(C) funding, pursuant to the require-
ments of section 312(b), to fishermen who are 
willing to scrap a fishing vessel and perma-
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nently surrender permits for fisheries named on 
that vessel; and 
‘‘(D) any other activities authorized under 
section 312(a) of this Act or section 308(d) of 
the Interjurisdictional Fisheries Act of 1986 
(16 U.S.C. 4107(d)). 
‘‘(2) JOB TRAINING.—Any fisherman who de-
cides to scrap a fishing vessel under the program 
shall be eligible for job training assistance. 
‘‘(3) STATE PARTICIPATION OBLIGATION.—The 
participation by a State in the program shall be con-
ditioned upon a commitment by the appropriate 
State entity to ensure that the relevant State fishery 
meets the requirements of section 312(b) of this Act 
to ensure excess capacity does not re-enter the fish-
ery. 
‘‘(4) NO MATCHING REQUIRED.—The Secretary 
may waive the matching requirements of section 312 
of this Act, section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107), and any 
other provision of law under which the Federal share 
of the cost of any activity is limited to less than 100 
percent if the Secretary determines that— 
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‘‘(A) no reasonable means are available 
through which applicants can meet the match-
ing requirement; and 
‘‘(B) the probable benefit of 100 percent 
Federal financing outweighs the public interest 
in imposition of the matching requirement. 
‘‘(5) NET
REVENUE
LIMIT
INAPPLICABLE.— 
Section 308(d)(3) of the Interjurisdictional Fisheries 
Act (16 U.S.C. 4107(d)(3)) shall not apply to assist-
ance under this section. 
‘‘(c) REGIONAL IMPACT EVALUATION.—Within 2 
months after a catastrophic regional fishery disaster the 
Secretary shall provide the Governor of each State partici-
pating in the program a comprehensive economic and 
socio-economic evaluation of the affected region’s fisheries 
to assist the Governor in assessing the current and future 
economic viability of affected fisheries, including the eco-
nomic impact of foreign fish imports and the direct, indi-
rect, or environmental impact of the disaster on the fish-
ery and coastal communities. 
‘‘(d) CATASTROPHIC REGIONAL FISHERY DISASTER 
DEFINED.—In this section the term ‘catastrophic regional 
fishery disaster’ means a natural disaster, including a hur-
ricane or tsunami, or a judicial or regulatory closure to 
protect human health or the marine environment, that— 
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‘‘(1) results in economic losses to coastal or 
fishing communities; 
‘‘(2) affects more than 1 State or a major fish-
ery managed by a Council or interstate fishery com-
mission; and 
‘‘(3) is determined by the Secretary to be a 
commercial fishery failure under section 312(a) of 
this Act or a fishery resource disaster or section 
308(d) of the Interjurisdictional Fisheries Act of 
1986 (16 U.S.C. 4107(d)).’’. 
SEC. 112. FISHERY FINANCE PROGRAM HURRICANE ASSIST-
ANCE. 
(a) LOAN ASSISTANCE.—Subject to availability of ap-
propriations, the Secretary of Commerce shall provide as-
sistance to eligible holders of fishery finance program 
loans and allocate such assistance among eligible holders 
based upon their outstanding principal balances as of De-
cember 2, 2005, for any of the following purposes: 
(1) To defer principal payments on the debt for 
1 year and re-amortize the debt over the remaining 
term of the loan. 
(2) To allow for an extension of the term of the 
loan for up to 1 year beyond the remaining term of 
the loan, or September 30, 2013, whichever is later. 
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