ment and amendment of any fishery management 
plan. 
‘‘(B) Each scientific and statistical committee 
shall provide its Council ongoing scientific advice for 
fishery 
management 
decisions, 
including 
rec-
ommendations for acceptable biological catch or 
maximum sustainable yield, and optimum yield, and 
reports on stock status and health, bycatch, seabird 
bycatch, habitat status, socioeconomic impacts of 
management measures, and sustainability of fishing 
practices. 
‘‘(C) Members appointed by the Councils to the 
scientific and statistical committees— 
‘‘(i) shall be Federal employees, State 
employees, academicians, or independent 
experts with strong scientific or technical 
credentials and experience; and 
‘‘(ii) shall be individuals who have 
demonstrated scientific expertise in fish-
eries science or marine ecology, or dem-
onstrated expertise in economics or social 
science as it relates to fisheries manage-
ment, and have no direct financial interest 
or are not employed by any person with a 
direct financial interest in any fishery. 
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‘‘(D) The Secretary, jointly with the Councils, 
shall establish a peer review process for scientific in-
formation used to advise the Councils about the con-
servation and management of a fishery. The review 
process, which may include existing committees or 
panels, is deemed to satisfy the requirements of the 
guidelines issued pursuant to section 515 of the 
Treasury and General Government Appropriations 
Act for Fiscal year 2001 (Public Law 106–554—Ap-
pendix C; 114 Stat. 2763A–153). 
‘‘(E) In addition to the provisions of subsection 
(f)(7), the Secretary shall pay a stipend to members 
of the scientific and statistical committees or advi-
sory panels who are not employed by the Federal 
government or a State marine fisheries agency. 
‘‘(F) Each Council shall require that the mem-
bership of its scientific and statistical committee or 
other appropriate scientific or peer review committee 
be represented at all Council meetings.’’; 
(2) by striking ‘‘other’’ in paragraph (2); and 
(3) by resetting the left margin of paragraphs 
(2) through (5) 2 ems from the left. 
(c) COUNCIL
FUNCTIONS.—Section 302(h) (16 
U.S.C. 1852(h)) is amended— 
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(1) by striking ‘‘authority, and’’ in paragraph 
(5) and inserting ‘‘authority;’’; 
(2) by redesignating paragraph (6) as para-
graph (7); and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) recommend to the Secretary annual catch 
limits for each of its managed fisheries, that are at 
or below the optimum yield, as recommended by its 
scientific and statistical committee; and’’. 
(d) VOTING MEMBERS.—Section 302 (16 U.S.C. 
1852) is amended— 
(1) in subsection (b)(2)(A)— 
(A) in the first sentence by inserting be-
fore the period the following: ‘‘, and must not 
have been found by the Secretary, after notice 
and an opportunity for a hearing in accordance 
with section 554 of title 5, United States Code, 
to have committed an act prohibited by sub-
paragraph (D), (E), (F), (H), (I), or (L) of sec-
tion 307(1) or section 307(2).’’; and 
(B) in the second sentence by striking 
‘‘Fishery Conservation Amendments of 1990’’ 
and inserting ‘‘Magnuson-Stevens Fishery Con-
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servation and Management Amendments Act of 
2006’’; 
(2) in subsection (b)(2)(B)— 
(A) in the first sentence by striking ‘‘of the 
active’’ and inserting ‘‘among the active’’; 
(B) by striking the period at the end of the 
first sentence and inserting the following: ‘‘and 
representatives of the marine conservation pub-
lic interest sector and academic sector who are 
knowledgeable regarding the conservation and 
management of the fishery resources of the geo-
graphic area concerned.’’; and 
(C) by striking ‘‘Merchant Marine and 
Fisheries’’ and inserting ‘‘Resources’’; and 
(3) in subsection (b)(2)(C) by striking the third 
sentence and inserting the following: ‘‘Each list shall 
consist of a broad slate of candidates for each va-
cancy, shall include at least two representatives from 
each of the commercial fishing industry sector, the 
recreational fishing sector, and the marine conserva-
tion public interest sector and academic sector, and 
shall consist solely of individuals who are knowledge-
able regarding the conservation and management of 
the fishery resources of the geographical area con-
cerned. The third sentence of this subparagraph 
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shall not apply to the Gulf of Mexico Fishery Man-
agement Council.’’. 
(e) TRAINING.—Section 302 (16 U.S.C. 1852) is 
amended by adding at the end the following: 
‘‘(k) COUNCIL TRAINING PROGRAM.— 
‘‘(1) TRAINING
COURSE.—Within 6 months 
after the date of enactment of the Magnuson-Ste-
vens Fishery Conservation and Management Amend-
ments Act of 2006, the Secretary, in consultation 
with the Councils and the National Sea Grant Col-
lege Program, shall develop a training course for 
newly appointed Council members. The course may 
cover a variety of topics relevant to matters before 
the Councils, including— 
‘‘(A) fishery science and basic stock assess-
ment methods; 
‘‘(B) basic instruction in principles of ecol-
ogy; 
‘‘(C) fishery management techniques, data 
needs, and Council procedures; 
‘‘(D) social science and fishery economics; 
‘‘(E) tribal treaty rights and native cus-
toms, access, and other rights related to West-
ern Pacific indigenous communities; 
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‘‘(F) legal requirements of this Act, includ-
ing conflict of interest and disclosure provisions 
of this section and related policies; 
‘‘(G) other relevant legal and regulatory 
requirements, including the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
‘‘(H) public process for development of 
fishery management plans; and 
‘‘(I) other topics suggested by the Council. 
‘‘(2) MEMBER TRAINING.— 
‘‘(A) TRAINING
COURSE.—The training 
course under paragraph (1) shall be available to 
both new and existing Council members, and 
may be made available to committee or advisory 
panel members and members of the public as 
resources allow. 
‘‘(B) UPDATED AND ADVANCED INFORMA-
TION FOR EXISTING COUNCIL MEMBERS.—The 
Secretary may also provide training for existing 
Council members regarding updated informa-
tion on scientific and regional issues. 
‘‘(l) COUNCIL
COORDINATION
COMMITTEE.—The 
Councils may establish a Council coordination committee 
consisting of the chairs, vice chairs, and executive direc-
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tors of each of the 8 Councils described in subsection 
(a)(1), or other Council members or staff, in order to dis-
cuss issues of relevance to all Councils, including issues 
related to the implementation of this Act.’’. 
(f) PROCEDURAL MATTERS.—Section 302(i) (16 
U.S.C. 1852(i)) is amended— 
(1) in paragraph (1) by striking ‘‘to the Coun-
cils or to the scientific and statistical committees or 
advisory panels established under subsection (g).’’ 
and inserting ‘‘to the Councils, the Council coordina-
tion committee established under subsection (l), or 
to the scientific and statistical committees or other 
committees or advisory panels established under sub-
section (g).’’; 
(2) in paragraph (2) by striking ‘‘of a Council, 
and of the scientific and statistical committee and 
advisory panels established under subsection (g):’’ 
and inserting ‘‘of a Council, of the Council coordina-
tion committee established under subsection (l), and 
of the scientific and statistical committees or other 
committees or advisory panels established under sub-
section (g):’’; and 
(3) in paragraph (3)(A) by inserting ‘‘the Coun-
cil Coordination Committee established under sub-
section (1),’’ after ‘‘Council,’’; and 
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(4) in paragraph (3)(A) by inserting ‘‘other 
Council committee,’’ after ‘‘committee,’’. 
(g) 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 any 
other individual or organization with a financial in-
terest 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 times; 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 Com-
mittee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Resources on ac-
tion taken by the Secretary and the Councils to implement 
the disclosure of financial interest and recusal require-
ments of this subsection.’’. 
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(h) GULF
OF MEXICO FISHERIES MANAGEMENT 
COUNCIL.—Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D)(i) The Secretary shall appoint to the Gulf of 
Mexico Fisheries Management Council— 
‘‘(I) 5 representatives of the commercial fishing 
sector; 
‘‘(II) 5 representatives of the recreational fish-
ing and charter fishing sectors; and 
‘‘(III) 1 other individual who is knowledgeable 
regarding the conservation and management of fish-
eries resources in the jurisdiction of the Council. 
‘‘(ii) 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 subparagraph (C) shall include— 
‘‘(I) at least 1 nominee each from the commer-
cial, recreational, and charter fishing sectors; and 
‘‘(II) at least 1 other individual who is knowl-
edgeable regarding the conservation and manage-
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ment of fisheries resources in the jurisdiction of the 
Council. 
‘‘(iii) If the Secretary determines that the list of 
names submitted by the Governor does not meet the re-
quirements of clause (ii), 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 requirement not met for ap-
pointment to the Council; and 
‘‘(II) add the name of any qualified individual 
submitted by the public who meets the unmet re-
quirement to the list of names submitted by the 
Governor. 
‘‘(iv) For purposes of clause (ii), an individual who 
owns or operates a fish farm outside of the United States 
shall not be considered to be a representative of the com-
mercial fishing sector.’’. 
(i) REPORT
AND
RECOMMENDATIONS
ON
GULF 
COUNCIL AMENDMENT.— 
(1) IN
GENERAL.—Before August 2011, the 
Secretary of Commerce, in consultation with the 
Gulf of Mexico Fisheries Management Council, shall 
analyze the impact of the amendment made by sub-
section 
(h) 
and 
determine 
whether 
section 
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302(b)(2)(D) of the Magnuson-Stevens Fishery Con-
servation 
and 
Management 
Act 
(16 
U.S.C. 
1852(b)(2)(D)) has resulted in a fair and balanced 
apportionment of the active participants in the com-
mercial and recreational fisheries under the jurisdic-
tion of the Council. 
(2) REPORT.—By no later than August 2011, 
the Secretary shall transmit a report to the Senate 
Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee 
on Resources setting forth the Secretary’s findings 
and determination, including any recommendations 
for legislative or other changes that may be nec-
essary to achieve such a fair and balanced appor-
tionment, including whether to renew the authority. 
SEC. 103. FISHERY MANAGEMENT PLAN REQUIREMENTS. 
(a) IN
GENERAL.—Section 303(a) (16 U.S.C. 
1853(a)) is amended— 
(1) striking ‘‘and charter fishing’’ in paragraph 
(5) and inserting ‘‘charter fishing, and fish proc-
essing’’; 
(2) by inserting ‘‘economic information nec-
essary to meet the requirements of this Act,’’ in 
paragraph (5) after ‘‘number of hauls,’’; 
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(3) by striking ‘‘fishery’’ the first place it ap-
pears in paragraph (13) and inserting ‘‘fishery, in-
cluding their economic impact,’’; 
(4) by striking ‘‘and’’ after the semicolon in 
paragraph (13); 
(5) by striking ‘‘allocate’’ in paragraph (14) 
and inserting ‘‘allocate, taking into consideration the 
economic impact of the harvest restrictions or recov-
ery benefits on the fishery participants in each sec-
tor,’’; 
(6) by striking ‘‘fishery.’’ in paragraph (14) 
and inserting ‘‘fishery; and’’; and 
(7) by adding at the end the following: 
‘‘(15)(A) specify, in the plan or implementing 
regulations, annual catch limits that are rec-
ommended by the Council or established by the Sec-
retary based on the best scientific information avail-
able at a level that does not exceed optimum yield; 
and 
‘‘(B) require that the amount of any harvest ex-
ceeding the specified annual catch limit shall be de-
ducted from the following year’s annual catch 
limit.’’. 
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