authorized to provide necessary 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.’’. 
SEC. 7. LIMITED ACCESS PRIVILEGE PROGRAMS. 
(a) IN GENERAL.— 
(1) AUTHORIZATION
OF
PROGRAMS.—Title III 
(16 U.S.C. 1851 et seq.) is amended— 
(A) by striking section 303(d); and 
(B) by inserting after section 303 the fol-
lowing: 
‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 
‘‘(a) IN GENERAL.—After the date of enactment of the 
American Fisheries Management and Marine Life En-
hancement Act, 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.— 
A limited access system, limited access privilege, quota 
share, or other authorization established, implemented, or 
managed under this Act— 
‘‘(1) shall be considered a permit for the pur-
poses of sections 307, 308, and 309; 
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‘‘(2) may be revoked, limited, or modified at any 
time in accordance with this Act, including revoca-
tion for failure to comply with the terms of the plan 
or if the system is found to have jeopardized the sus-
tainability 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 authoriza-
tion 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 lim-
ited access privilege or quota share. 
‘‘(c) REQUIREMENTS
FOR LIMITED ACCESS PRIVI-
LEGES.— 
‘‘(1) IN
GENERAL.—In addition to complying 
with the other requirements of this Act, any limited 
access privilege program to harvest fish submitted by 
a Council or approved by the Secretary under this 
section shall— 
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‘‘(A) if established in a fishery that is over-
fished or subject to a rebuilding plan, assist in 
its rebuilding; 
‘‘(B) if established in a fishery that is deter-
mined by the Secretary or the Council to have 
over-capacity, contribute to reducing capacity; 
‘‘(C) promote— 
‘‘(i) the safety of human life at sea; 
and 
‘‘(ii) the conservation and management 
of the fishery; 
‘‘(D) prohibit any person other than a 
United States citizen, a corporation, partner-
ship, or other entity established under the laws 
of the United States or any State, or a perma-
nent resident alien, that meets the eligibility and 
participation requirements established in the 
program from acquiring a privilege to harvest 
fish; 
‘‘(E) specify the goals of the program; 
‘‘(F) include provisions for the regular mon-
itoring and review by the Council and the Sec-
retary of the operations of the program, includ-
ing determining progress in meeting the goals of 
the program and this Act, and any necessary 
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modification of the program to meet those goals, 
with a formal and detailed review 5 years after 
the establishment of the program and every 5 
years thereafter; 
‘‘(G) include an effective system for enforce-
ment, monitoring, and management of the pro-
gram, including the use of observers; 
‘‘(H) include an appeals process for admin-
istrative review of determinations with respect to 
the Secretary’s decisions regarding administra-
tion of the limited access privilege program; and 
‘‘(I) provide for the revocation by the Sec-
retary of limited access privileges held by any 
person found to have violated the antitrust laws 
of the United States. 
‘‘(2) FISHING COMMUNITIES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) ELIGIBILITY.—To be eligible to 
participate in a limited access privilege 
program to harvest fish, a fishing commu-
nity shall— 
‘‘(I) be located within the man-
agement area of the relevant Council; 
‘‘(II) meet criteria developed by 
the relevant Council, approved by the 
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Secretary, and published in the Fed-
eral Register; 
‘‘(III) consist of residents of the 
management area of the relevant Coun-
cil who conduct commercial or rec-
reational fishing, fish processing, or 
fishery-dependent support businesses 
within such area; and 
‘‘(IV) develop and submit a com-
munity sustainability plan to the 
Council and the Secretary that dem-
onstrates how the plan will address the 
social and economic development needs 
of fishing communities, including those 
that have not historically had the re-
sources to participate in the fishery, 
for approval by the Council based on 
criteria developed by the Council that 
have been approved by the Secretary 
and published in the Federal Register. 
‘‘(ii) 
FAILURE
TO
COMPLY
WITH 
PLAN.—The Secretary shall deny or revoke 
limited access privileges for a person that 
were granted to a fishing community, if the 
person fails to comply with the require-
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ments of the community sustainability plan 
approved by the relevant Council under 
clause (i)(IV). 
‘‘(B) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible commu-
nities under this paragraph, a Council shall con-
sider— 
‘‘(i) traditional fishing or fish proc-
essing practices in, and dependence on, the 
fishery; 
‘‘(ii) the cultural and social framework 
relevant to the fishery; 
‘‘(iii) economic barriers to access to 
fishery; 
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access 
privilege programs on harvesters, fishing 
vessel captains and crews, fish processors, 
and other businesses substantially dependent 
upon the fishery in the region or subregion; 
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of 
the community sustainability plan; and 
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‘‘(vi) the potential for improving eco-
nomic conditions in remote coastal commu-
nities lacking resources to participate in 
harvesting or fish processing activities in 
the fishery. 
‘‘(3) REGIONAL FISHERY ASSOCIATIONS.— 
‘‘(A) IN GENERAL.—To be eligible to par-
ticipate in a limited access privilege program to 
harvest fish, a regional fishery association 
shall— 
‘‘(i) be located within the management 
area of the relevant Council; 
‘‘(ii) meet criteria developed by the rel-
evant Council, approved by the Secretary, 
and published in the Federal Register; 
‘‘(iii) be a voluntary association with 
established by-laws and operating proce-
dures consisting of participants in the fish-
ery, including commercial or recreational 
fishing, fish processing, fishery-dependent 
support businesses, or fishing communities; 
and 
‘‘(iv) develop and submit a regional 
fishery association plan to the Council and 
the Secretary for approval by the Council 
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based on criteria developed by the Council 
that have been approved by the Secretary 
and published in the Federal Register. 
‘‘(B) FAILURE TO COMPLY WITH PLAN.— 
The Secretary shall deny or revoke limited access 
privileges for a person that were granted to a 
fishery association, if the person fails to comply 
with the requirements of the regional fishery as-
sociation plan approved by the relevant Council 
under subparagraph (A)(iv). 
‘‘(C) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible regional 
fishery associations under this paragraph, a 
Council shall consider— 
‘‘(i) traditional fishing or fish proc-
essing practices in, and dependence on, the 
fishery; 
‘‘(ii) the cultural and social framework 
relevant to the fishery; 
‘‘(iii) economic barriers to access to 
fishery; 
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access 
privilege programs on harvesters, captains, 
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crew, fish processors, and other businesses 
substantially dependent upon the fishery in 
the region or subregion, upon the adminis-
trative and fiduciary soundness of the asso-
ciation and its by-laws; and 
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of 
the fishery association plan. 
‘‘(4) ALLOCATION.—In developing a limited ac-
cess privilege program to harvest fish a Council or the 
Secretary shall— 
‘‘(A) establish procedures to ensure fair and 
equitable initial allocations, including consider-
ation of— 
‘‘(i) current and historical harvests; 
‘‘(ii) employment in the harvesting 
and fish processing sectors; 
‘‘(iii) investments in, and dependence 
upon, the fishery; and 
‘‘(iv) the current and historical par-
ticipation of fishing communities; 
‘‘(B) to the extent practicable, consider the 
basic cultural and social framework of the fish-
ery, especially through the development of poli-
cies to promote the sustained participation of 
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small owner-operated fishing vessels and fishing 
communities that depend on the fisheries, includ-
ing regional or port-specific landing or delivery 
requirements; 
‘‘(C) include measures to assist, when nec-
essary and appropriate, entry-level and small 
vessel operators, captains, crew, and fishing com-
munities through set-asides of harvesting alloca-
tions, including providing privileges and, where 
appropriate, recommending the provision of eco-
nomic assistance in the purchase of limited ac-
cess privileges to harvest fish; 
‘‘(D) for the purpose of preventing signifi-
cant adverse economic or social impact on any 
fishing community or other person, ensure that 
limited access privilege holders do not acquire an 
excessive share of the total limited access privi-
leges in the program by— 
‘‘(i) establishing a maximum share, ex-
pressed as a percentage of the total limited 
access privileges, that a limited access privi-
lege holder is permitted to hold, acquired, or 
use; and 
‘‘(ii) establishing any other limitations 
or measures necessary to prevent an inequi-
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table concentration of limited access privi-
leges; 
‘‘(E) establish procedures to address geo-
graphic or other consolidation in both the har-
vesting and fish processing sectors of the fishery; 
‘‘(F) authorize limited access privileges to 
harvest fish to be held, acquired, or used by or 
issued under the system to persons who substan-
tially participate in the fishery, as specified by 
the Council, including, as appropriate, fishing 
vessel owners, vessel captains, vessel crew mem-
bers, fishing communities, and regional fishery 
associations; and 
‘‘(G) ensure that no person otherwise quali-
fied to receive an initial allocation of a limited 
access privilege to harvest fish is required to join 
any entity or association that limits in any way 
the person’s ability to sell their catch as a condi-
tion of that person receiving an initial or an-
nual allocation. 
‘‘(5) PROGRAM INITIATION.— 
‘‘(A) LIMITATION.—Except as provided in 
subparagraph (D), a Council may initiate a 
fishery management plan or amendment to es-
tablish a limited access privilege program to 
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harvest fish on its own initiative or if the Sec-
retary has certified an appropriate petition. 
‘‘(B) PETITION.—A group of fishermen con-
stituting more than 50 percent of the permit 
holders in the fishery for which a limited access 
privilege program to harvest fish is sought, may 
submit a petition to the Secretary requesting 
that the relevant Council or Councils with au-
thority over the fishery be authorized to initiate 
the development of the program. Any such peti-
tion shall clearly state the fishery to which the 
limited access privilege program would apply. 
For multispecies permits in the Gulf, only those 
participants who have substantially fished the 
species proposed to be included in the limited ac-
cess program shall be eligible to sign a petition 
for such a program and shall serve as the basis 
for determining the percentage described in the 
first sentence of this subparagraph. 
‘‘(C) 
CERTIFICATION
BY
SECRETARY.— 
Upon the receipt of any such petition, the Sec-
retary shall review all of the signatures on the 
petition and, if the Secretary determines that the 
signatures on the petition represent more than 
50 percent of the permit holders in the fishery, 
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as described by subparagraph (B), the Secretary 
shall certify the petition to the appropriate 
Council or Councils. 
‘‘(D) NEW ENGLAND REFERENDUM.— 
‘‘(i) The New England Council may 
not submit, and the Secretary may not ap-
prove or implement, a fishery management 
plan or amendment that creates an indi-
vidual fishing quota program, including a 
Secretarial plan, unless such a system, as 
ultimately developed, has been approved by 
more than 2⁄3 of those voting in a ref-
erendum among eligible permit holders with 
respect to the New England Council. If an 
individual fishing quota program fails to be 
approved by the requisite number of those 
voting, it may be revised and submitted for 
approval in a subsequent referendum. 
‘‘(ii) The Secretary shall conduct a ref-
erendum under this subparagraph, includ-
ing notifying all persons eligible to partici-
pate in the referendum and making avail-
able to them information concerning the 
schedule, procedures, and eligibility require-
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ments for the referendum process and the 
proposed individual fishing quota program. 
‘‘(iii) The New England Fishery Man-
agement Council may determine that vessel 
captains or crew members who have sub-
stantial participation in the fishery con-
cerned shall be eligible to vote in a ref-
erendum under this subparagraph. The New 
England Fishery Management Council shall 
establish the criteria for determining what 
constitutes ‘substantial participation’ for 
purposes of this clause. 
‘‘(iv) Within 1 year after the date of 
enactment of the American Fisheries Man-
agement and Marine Life Enhancement 
Act, the Secretary shall publish guidelines 
and procedures to determine procedures and 
voting eligibility requirements (subject to 
clause (iii)) for referenda and to conduct 
such referenda in a fair and equitable man-
ner. 
‘‘(E) OTHER LAW.—Chapter 35 of title 44, 
United States Code, (commonly known as the 
Paperwork Reduction Act) does not apply to the 
referenda conducted under this subparagraph. 
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‘‘(6) TRANSFERABILITY.—In establishing a lim-
ited access privilege program, a Council shall— 
‘‘(A) establish a policy on the transfer-
ability of limited access privilege shares (through 
sale or lease), including a policy on any condi-
tions that apply to the transferability of limited 
access privilege shares that is consistent with the 
policies adopted by the Council for the fishery 
under paragraph (2); and 
‘‘(B) establish criteria for the approval and 
monitoring of transfers (including sales and 
leases) of limited access privilege shares. 
‘‘(7) PREPARATION
AND
IMPLEMENTATION
OF 
SECRETARIAL PLANS.—This subsection also applies to 
a plan prepared and implemented by the Secretary 
under section 304(g). 
‘‘(8) LIMITATION
ON
FEDERAL
AGENCIES
AND 
OFFICIALS.—A Federal agency or official may not 
hold, administer, or reallocate an individual quota 
issued under a fishery management plan under this 
section, other than the Secretary and the Council hav-
ing authority over the fishery for which the indi-
vidual quota is issued. 
‘‘(d) AUCTION
AND OTHER PROGRAMS.—In estab-
lishing a limited access privilege program, a Council may 
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consider, and provide for, if appropriate, an auction system 
or other program to collect royalties for the initial, or any 
subsequent, distribution of allocations in a limited access 
privilege program if— 
‘‘(1) the system or program is administered in 
such a way that the resulting distribution of limited 
access privilege shares meets the program require-
ments of subsection (c)(2)(A); and 
‘‘(2) revenues generated through such a royalty 
program are deposited in the Limited Access System 
Administration 
Fund 
established 
by 
section 
305(h)(5)(B) and available subject to annual appro-
priations. 
‘‘(e) COST RECOVERY.—In establishing a limited ac-
cess privilege program, a Council shall— 
‘‘(1) develop a methodology and the means to 
identify and assess the management, data collection 
and analysis, and enforcement programs that are di-
rectly related to and in support of the program; and 
‘‘(2) provide, under section 304(d)(2), for a pro-
gram of fees paid by limited access privilege holders 
that will cover the costs of management, data collec-
tion and analysis, and enforcement activities. 
‘‘(f) LIMITED DURATION.—In establishing a limited 
access privilege program after the date of enactment of the 
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American Fisheries Management and Marine Life En-
hancement Act, a Council may establish— 
‘‘(1) a period of time after which any initial or 
subsequent allocation of a limited access privilege 
shall expire, or various periods for such expiration 
within a fishery if the Council determines that vari-
ation of the periods will further achievement of man-
agement goals; and 
‘‘(2) a mechanism under which participants in 
and entrants to the program may acquire or reac-
quire allocations. 
‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PUR-
CHASE PROGRAM.— 
‘‘(1) IN GENERAL.—A Council may submit, and 
the Secretary may approve and implement, a pro-
gram that reserves up to 25 percent of any fees col-
lected from a fishery under section 304(d)(2) to be 
used to issue obligations that aid in financing— 
‘‘(A) the purchase of limited access privi-
leges in that fishery by fishermen who fish from 
small vessels; and 
‘‘(B) the first-time purchase of limited ac-
cess privileges in that fishery by entry level fish-
ermen. 
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‘‘(2) ELIGIBILITY CRITERIA.—A Council making 
a submission under paragraph (1) shall recommend 
criteria, consistent with the provisions of this Act, 
that a fisherman must meet to qualify for guarantees 
under subparagraphs (A) and (B) of paragraph (1) 
and the portion of funds to be allocated for guarantees 
under each subparagraph. 
‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND 
PROGRAMS.—Nothing in this Act, or the amendments made 
by the American Fisheries Management and Marine Life 
Enhancement Act, shall be construed to require a realloca-
tion of individual quota shares, fish processor quota shares, 
cooperative programs, or other quota programs, including 
sector allocation, for which a Council has already provided 
a substantial opportunity for public comment and begun 
considering alternatives, or submitted by a Council or ap-
proved by the Secretary or by congressional action before 
the date of enactment of such Act.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is amended by adding after 
the item relating to section 303 the following: 
‘‘Sec. 303A. Limited access privilege programs.’’. 
(b) FEES.—Section 304(d)(2) (16 U.S.C. 1854(d)(2)) 
is amended— 
(1) by redesignating subparagraphs (B) and (C) 
as subparagraphs (F) and (G), respectively; 
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(2) in subparagraph (F), as so redesignated, by 
striking ‘‘Such fee’’ and inserting ‘‘A fee under this 
paragraph’’; and 
(3) by striking ‘‘(2)(A)’’ and all that follows 
through the end of subparagraph (A) and inserting 
the following: 
‘‘(2)(A) Notwithstanding paragraph (1), the Sec-
retary shall collect from a person that holds or trans-
fers an individual quota issued under a limited access 
system established under section 303(b)(6) fees estab-
lished by the Secretary in accordance with this sec-
tion and section 9701(b) of title 31, United States 
Code. 
‘‘(B) The fees required to be established and col-
lected by the Secretary under this paragraph are the 
following: 
‘‘(i) With respect to any initial allocation 
under a limited access system established after 
the date of the enactment of the American Fish-
eries Management and Marine Life Enhance-
ment Act, an initial allocation fee in an amount, 
determined by the Secretary, equal to 1 percent 
of the ex-vessel value of fish authorized in one 
year under an individual quota, that shall be 
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collected from the person to whom the individual 
quota is first issued. 
‘‘(ii) An annual fee in an amount, deter-
mined by the Secretary, not to exceed 3 percent 
of the ex-vessel value of fish authorized each year 
under an individual quota share, that shall be 
collected from the holder of the individual quota 
share. 
‘‘(iii) A transfer fee in an amount, deter-
mined by the Secretary, equal to 1 percent of the 
ex-vessel value of fish authorized each year under 
an individual quota share, that shall be collected 
from a person who permanently transfers the in-
dividual quota share to another person. 
‘‘(C) In determining the amount of a fee under 
this paragraph, the Secretary shall ensure that the 
amount is commensurate with the cost of managing 
the fishery with respect to which the fee is collected, 
including reasonable costs for salaries, data analysis, 
and other costs directly related to fishery management 
and enforcement. 
‘‘(D) The Secretary, in consultation with the 
Councils, shall promulgate regulations prescribing the 
method of determining under this paragraph the ex- 
vessel value of fish authorized under an individual 
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quota share, the amount of fees, and the method of 
collecting fees. 
‘‘(E) Fees collected under this paragraph from 
holders of individual quotas in a fishery shall be an 
offsetting collection and shall be available to the Sec-
retary only for the purposes of administering and im-
plementing this Act with respect to that fishery.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
304(d)(2)(G)(i), as redesignated by subsection (b)(1) of this 
section, is amended by striking ‘‘section 305(h)(5)(B)’’ and 
all that follows and inserting ‘‘section 305(h)(5)(B).’’. 
(d) LIMITED ACCESS PRIVILEGE DEFINED.—Sub-
section (a) of section 3 (16 U.S.C. 1802) is further amended 
by inserting after paragraph (23) the following: 
‘‘(23A) The term ‘limited access privilege’— 
‘‘(A) means a Federal permit, issued as 
part of a limited access system under section 
303A to harvest a quantity of fish that may be 
received or held for exclusive use by a person; 
and 
‘‘(B) includes an individual fishing quota; 
but 
‘‘(C) does not include community develop-
ment quotas as described in section 305(i).’’. 
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SEC. 8. JOINT FISHERIES ENFORCEMENT AGREEMENTS. 
Section 311 (16 U.S.C. 1861) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
section (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 en-
forcement purposes any data or information re-
quired to be provided under this title or regula-
tions under this title, including data from vessel 
monitoring systems, or any similar system, sub-
ject to the confidentiality provisions of section 
402;’’; 
(4) by redesignating subsection (h) as subsection 
(j); and 
(5) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) 
JOINT
FISHERIES
ENFORCEMENT
AGREE-
MENTS.— 
‘‘(1) IN GENERAL.—The Governor of an eligible 
State may apply to the Secretary for execution of a 
joint fisheries enforcement agreement with the Sec-
retary that will authorize the deputization and fund-
ing of State officers with marine fisheries responsibil-
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ities to perform duties of the Secretary relating to 
fisheries enforcement provisions under this title or 
any other marine resource law enforced by the Sec-
retary. Upon receiving an application meeting the re-
quirements of this subsection, the Secretary may enter 
into a joint fisheries enforcement agreement with the 
requesting State. 
‘‘(2) ELIGIBLE STATE.—A State is eligible to 
participate in the cooperative agreements under this 
section if it is in, or bordering on, the Atlantic Ocean 
(including the Caribbean Sea), the Pacific Ocean, the 
Arctic Ocean, or the Gulf of Mexico. 
‘‘(3) REQUIREMENTS.—Joint fisheries enforce-
ment agreements executed under paragraph (1)— 
‘‘(A) shall be consistent with the purposes 
and intent of this section to the extent applicable 
to the regulated activities; and 
‘‘(B) 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 fisheries enforcement agree-
ment an allocation of funds to assist in management 
of the agreement. The allocation shall be fairly dis-
tributed among all eligible States participating in co-
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operative agreements under this subsection, based 
upon consideration of Federal marine fisheries needs, 
the specific marine fisheries conservation needs of 
each participating eligible State, and the capacity of 
the State to undertake the mission and assist with 
Federal 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 American Fisheries Management and Marine Life 
Enhancement Act, the Secretary shall implement 
data-sharing measures to make any data required to 
be provided by this Act from vessel monitoring sys-
tems, or similar systems— 
‘‘(A) directly accessible by State officers au-
thorized under subsection (a) of this section; and 
‘‘(B) available to a State management agen-
cy involved in, or affected by, management of a 
fishery if the State has entered into an agree-
ment 
with 
the 
Secretary 
under 
section 
402(b)(1)(B) of this Act. 
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‘‘(2) AGREEMENT
REQUIRED.—The Secretary 
shall promptly enter into an agreement with a State 
under section 402(b)(1)(B) of this Act if— 
‘‘(A) the State provides a written opinion 
or certification that State law allows the State 
to maintain the confidentiality of information 
required by Federal law to be kept confidential; 
or 
‘‘(B) the Secretary is provided other reason-
able assurance that the State can and will pro-
tect the identity or business of any person to 
which such information relates.’’. 
SEC. 9. FUNDING FOR FISHERY OBSERVER PROGRAMS. 
(a) NORTH PACIFIC FISHERIES RESEARCH PLANS.— 
Section 313 (16 U.S.C. 1862) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘all’’ and inserting ‘‘any’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) establishes a system, or systems, of fees, 
which may vary by fishery, management area, and 
observer coverage level, to pay for the costs of imple-
menting the plan.’’; and 
(2) in subsection (b)(2)— 
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(A) in subparagraph (A) by inserting ‘‘, or 
electronic monitoring systems,’’ after ‘‘stationing 
observers’’; 
(B) in subparagraph (E) by inserting 
‘‘fixed amount reflecting actual observer costs as 
described in clauses (i), (ii), and (iii) of sub-
paragraph (A), or’’ after ‘‘be expressed as’’; 
(C) in subparagraph (F)— 
(i) by inserting ‘‘some or’’ after ‘‘as-
sessed against’’; and 
(ii) by inserting ‘‘, or electronic moni-
toring systems,’’ after ‘‘carry an observer’’; 
and 
(D) by striking ‘‘and’’ after the semicolon at 
the end of subparagraph (H), by striking the pe-
riod at the end of subparagraph (I) and insert-
ing ‘‘; and’’, and by adding at the end the fol-
lowing: 
‘‘(J) provide that fees collected under the system 
shall be credited against any fee for stationing observ-
ers, or electronic monitoring systems, onboard fishing 
vessels and United States fish processors and the ac-
tual cost of inputting collected data to which a fishing 
vessel or fish processor is subject under section 
304(d).’’. 
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(b) OBSERVER PROGRAM FUNDING.—Section 403 (16 
U.S.C. 1881(b)) is amended by adding at the end the fol-
lowing: 
‘‘(d) OBSERVER PROGRAM FUNDING MECHANISM.— 
‘‘(1) IN GENERAL.—The Secretary may establish 
a funding mechanism to cover the cost of an observer 
program to monitor any fishery managed under this 
Act or any other Act administered by the Secretary, 
including the Northern Pacific halibut fishery. 
‘‘(2) FORM OF MECHANISM.— 
‘‘(A) The Secretary may exercise broad dis-
cretion in developing a funding mechanism 
under this subsection, which may include a sys-
tem of fees, payments collected from limited ac-
cess privilege programs, or any other cost recov-
ery mechanism to pay for— 
‘‘(i) the cost of stationing observers on 
board fishing vessels and United States fish 
processors, and 
‘‘(ii) the actual cost of inputting data 
and managing observer databases. 
‘‘(B) The moneys collected under a funding 
mechanism established under this subsection for 
an observer program shall be— 
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‘‘(i) deposited into the Fishery Ob-
server Fund established under subsection 
(e); and 
‘‘(ii) used only for the observer pro-
gram covering fisheries from which the 
moneys were collected. 
‘‘(e) FISHERY OBSERVER FUND.— 
‘‘(1) ESTABLISHMENT OF FUND.—There is estab-
lished on the books of the Treasury of the United 
States, a fund that shall be known as the Fishery Ob-
server Fund (in this subsection referred to as the 
‘Fund’). The Fund shall be administered by the Sec-
retary of Commerce. The Fund shall be available, sub-
ject to the availability of appropriations, only to the 
Secretary for purposes of carrying out subsection (d). 
The Fund shall consist of all moneys deposited into 
in it accordance with this section, plus interest on 
those moneys. 
‘‘(2) INVESTMENT OF AMOUNT.— 
‘‘(A) It shall be the duty of the Secretary of 
the Treasury to invest, at the direction of the 
Secretary of Commerce, such portion of the Fund 
that is not currently needed for the purposes of 
each observer program covering fisheries from 
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which moneys were collected under subsection 
(d). 
‘‘(B) Such investments shall be in public 
debt obligations with maturities suitable to the 
needs of the Fund, as determined by the Sec-
retary of Commerce. Investments in public debt 
obligations shall bear interest at rates deter-
mined by the Secretary of the Treasury taking 
into consideration the current market yield on 
outstanding marketable obligations of the United 
States of comparable maturity. 
‘‘(3) SALE OF OBLIGATION.—Any obligation ac-
quired by the Fund may be sold by the Secretary of 
the Treasury at the direction of the Secretary of Com-
merce at market prices. 
‘‘(f) CONTRIBUTIONS.—For purposes of carrying out 
subsections (d) and (e), the Secretary may accept, solicit, 
receive, hold, administer, and use gifts, devices, contribu-
tions, and bequests. Amounts received under this subsection 
shall be deposited in the Fishery Observer Fund established 
under subsection (c).’’. 
SEC. 10. COMPETING STATUTES. 
(a) 
REQUIRED
INFORMATION
IN
MANAGEMENT 
PLANS.—Section 303(a) (16 U.S.C. 1853A)) is further 
amended by adding at the end the following: 
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‘‘(17) contain information on the Council’s ef-
forts to study, develop, and describe appropriate alter-
natives to recommend courses of action.’’. 
(b) REQUIRED ANALYSIS IN MANAGEMENT PLANS.— 
Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by 
striking ‘‘describe the likely effects, if any, of the conserva-
tion and management measures on—’’ and inserting ‘‘ana-
lyze the likely effects, if any, including the cumulative con-
servation, economic, and social impacts of, the conservation 
and management measures on, and possible mitigation 
measures for—’’. 
(c) COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.— 
(1) IN GENERAL.—Title III (16 U.S.C. 1851 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969. 
‘‘(a) IN GENERAL.—The Secretary may consider the 
requirements of section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) to have 
been satisfied with respect to any fishery management plan, 
amendment to such a plan, or regulation implementing 
such a plan that the Secretary determines has been pre-
pared in accordance with applicable provisions of sections 
303 and 304 of this Act. 
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‘‘(b) LIMITATION OF APPLICATION.—This section shall 
not apply unless the Secretary has published a determina-
tion that sections 304 and 305 are substantially equivalent 
to section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is amended by adding at the 
end of the items relating to title III the following: 
‘‘Sec. 315. Compliance with National Environmental Policy Act of 1969.’’. 
(3) EFFECT ON TIME REQUIREMENTS.—Section 
305(e) (16 U.S.C. 1855(E)) is amended by inserting 
‘‘the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.),’’ after ‘‘the Regulatory Flexi-
bility Act (5 U.S.C. 601 et seq.),’’. 
SEC. 11. DIMINISHED FISHERIES. 
(a) SUBSTITUTION
OF ‘‘DIMINISHED’’ FOR ‘‘OVER-
FISHED’’.— 
(1) SUBSTITUTION
OF
TERM.—The Act is 
amended— 
(A) by striking ‘‘overfished’’ each place it 
appears (other than in subsection (a) of section 
3 of the Act (16 U.S.C. 1802), as amended by 
this Act) and inserting ‘‘diminished’’; and 
(B) in the heading for section 304(e) (16 
U.S.C. 1854(e)) by striking ‘‘OVERFISHED’’ and 
inserting ‘‘DIMINISHED’’. 
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(2) DIMINISHED
DEFINED.—Subsection (a) of 
section 3 (16 U.S.C. 1802) is further amended— 
(A) by inserting after paragraph (8) the fol-
lowing: 
‘‘(8A) The term ‘diminished’ means a fishery 
whose abundance is at or below a level that jeopard-
izes the capacity of the fishery to produce maximum 
sustainable yield on a continuing basis.’’; and 
(B) by amending paragraph (29) to read as 
follows: 
‘‘(29) The term ‘overfishing’ means a rate or 
level of fishing mortality that jeopardizes the capacity 
of a fishery to produce the maximum sustainable 
yield on a continuing basis.’’. 
(3) 
DISTINGUISHING
IN
REPORTS.—Section 
304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by add-
ing at the end the following: ‘‘The report shall distin-
guish between fisheries that are diminished (or ap-
proaching that condition) as a result of fishing and 
fisheries that are diminished (or approaching that 
condition) as a result of factors other than fishing. 
The report shall state, for each fishery identified as 
diminished or approaching that condition, whether 
the fishery is the target of directed fishing.’’. 
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(b) DURATION OF MEASURES TO REBUILD DIMIN-
ISHED FISHERIES.—Section 304(e)(4)(A)(ii) of the Magnu-
son-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1854(e)(4)(A)(ii)) is amended to read as follows: 
‘‘(ii) not exceed 10 years, except in 
cases where— 
‘‘(I) the biology of the stock of 
fish, other environmental conditions, or 
management measures under an inter-
national 
agreement 
in 
which 
the 
United States participates dictate oth-
erwise; 
‘‘(II) the Secretary determines 
that such 10-year period should be ex-
tended because the cause of the fishery 
decline is outside the jurisdiction of the 
Council or the rebuilding program can-
not be effective only by limiting fishing 
activities; 
‘‘(III) the Secretary determines 
that such 10-year period should be ex-
tended for one or more diminished 
components of a multi-species fishery; 
or 
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‘‘(IV) the Secretary makes sub-
stantial changes to the rebuilding tar-
gets after the rebuilding plan has been 
put in place.’’. 
SEC. 12. NEW PROHIBITED ACTS. 
(a) PROHIBITION ON SALE OR PURCHASE OF REC-
REATIONAL CATCH.—Section 307 (16 U.S.C. 1857) is 
amended by striking ‘‘and’’ after the semicolon at the end 
of paragraph (4), by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’, and by adding at the end 
the following: 
‘‘(6) to sell or purchase any fish caught in rec-
reational fishing.’’. 
(b) PROHIBITION ON USE OF RETIRED VESSEL.—Sec-
tion 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; or’’; and 
(3) by inserting after subparagraph (P) and be-
fore the last sentence the following: 
‘‘(Q) 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 
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Secretary has made a payment to the owner of 
that fishing vessel under section 312(b)(2).’’. 
SEC. 13. FISHERY FAILURES. 
Section 312(a) (16 U.S.C. 1361a) is amended by strik-
ing ‘‘commercial fishery’’ each place it appears and insert-
ing ‘‘fishery’’. 
SEC. 14. 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 in-
terim measures’’ after ‘‘emergency regulations’’. 
SEC. 15. BYCATCH AND SEABIRD INTERACTIONS. 
(a) GEAR GRANT PROGRAM.—Title IV (1 U.S.C. 1881 
et seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 409. GEAR GRANT PROGRAM. 
‘‘(a) IDENTIFICATION OF FISHERIES WITH MOST UR-
GENT PROBLEMS.—The Secretary shall— 
‘‘(1) identify those fisheries included in a list 
under subsection (a) that have the most urgent by-
catch problems or seabird interaction problems, based 
on comments received regarding the list; and 
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‘‘(2) work in conjunction with the Councils and 
fishing industry participants to develop new fishing 
gear, or modifications to existing fishing gear, that 
will help minimize bycatch and seabird interactions 
to the extent practicable. 
‘‘(b) GRANT AUTHORITY.—The Secretary shall, subject 
to the availability of appropriations, make grants for the 
development of fishing gear and modifications to existing 
fishing gear that will help— 
‘‘(1) minimize bycatch and seabird interactions; 
and 
‘‘(2) minimize adverse fishing gear impacts on 
habitat areas of particular concern. 
‘‘(c) REPORT.—The Secretary shall report to the Con-
gress annually on— 
‘‘(1) the amount expended to implement this sec-
tion in the preceding year; 
‘‘(2) developments in gear technology achieved 
under this section; 
‘‘(3) the reductions in bycatch associated with 
implementation of this section; and 
‘‘(4) any other relevant information. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section there is authorized to be appropriated to 
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the Secretary $10,000,000 for each of fiscal years 2007 
through 2011.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
the first section is amended by adding at the end of the 
items relating to title IV the following: 
‘‘Sec. 409. Gear grant program.’’. 
(c) REPORT.—The Secretary of Commerce shall report 
to the Congress within one year after the date of the enact-
ment of this Act on— 
(1) the extent of the problem of seabird inter-
action with fisheries of the United States; 
(2) efforts by the fishing industry and Regional 
Fishery Management Councils to address that prob-
lem; and 
(3) the extent of the problem of seabird inter-
action with fisheries other than the fisheries of the 
United States. 
(d) INTERNATIONAL ACTION.—The Secretary of Com-
merce shall take appropriate action at appropriate inter-
national fisheries management bodies to reduce seabird 
interactions in fisheries. 
SEC. 16. OVER CAPITALIZATION. 
(a) DISCRETION OF SECRETARY TO CONDUCT FISHING 
CAPACITY
REDUCTION
PROGRAM.—Section 312(b) (16 
U.S.C. 1861a(b)) is amended— 
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(1) in paragraph (1) by striking ‘‘, at the request 
of the appropriate Council for fisheries under the au-
thority of such Council, or the Governor of a State for 
fisheries under State authority,’’; 
(2) in paragraph (1), by inserting ‘‘that is man-
aged under a limited access system authorized by sec-
tion 303(b)(6),’’ after ‘‘in a fishery’’; and 
(3) by redesignating paragraph (4) as para-
graph (5), and by inserting after paragraph (3) the 
following: 
‘‘(4) The Council, or the Governor of a State, having 
authority over a fishery may request the Secretary to con-
duct a fishing capacity reduction program in the fishery 
under this subsection.’’. 
(b) REQUIREMENT TO SURRENDER ALL PERMITS.— 
Section 312(b)(2) (16 U.S.C. 1861a(b)(2)) is amended to 
read as follows: 
‘‘(2)(A) The objective of the program shall be to obtain 
the maximum sustained reduction in fishing capacity at 
the least cost and in a minimum period of time. 
‘‘(B) To achieve that objective, the Secretary is author-
ized to pay an amount to the owner of a fishing vessel, if— 
‘‘(i) such vessel is scrapped, or through the Sec-
retary of the department in which the Coast Guard 
is operating, subjected to title restrictions that perma-
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nently prohibit and effectively prevent its use in fish-
ing; 
‘‘(ii) all permits authorizing the participation of 
the vessel in any fishery under the jurisdiction of the 
United States are surrendered for permanent revoca-
tion; and 
‘‘(iii) the owner of the vessel and such permits 
relinquishes any claim associated with the vessel and 
such permits that could qualify such owner for any 
present or future limited access system permit in the 
fishery for which the program is established.’’. 
(c) ENSURING VESSELS DO NOT ENTER FOREIGN OR 
HIGH
SEAS
FISHERIES.—Section 312(b) (16 U.S.C. 
1861a(b)) is further amended by adding at the end the fol-
lowing: 
‘‘(6) The Secretary may not make a payment under 
paragraph (2) with respect to a vessel that will not be 
scrapped, unless the Secretary certifies that the vessel will 
not be used for any fishing, including fishing in the waters 
of a foreign nation and fishing on the high seas.’’. 
(d) REPORT.— 
(1) IN GENERAL.—The Secretary shall, within 
12 months after the date of the enactment of this Act, 
submit to the Congress a report— 
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(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 re-
tirement of any latent fishing permits that could 
contribute to further excess harvesting capacity 
in those fisheries; and 
(C) 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 achiev-
ing voluntary reduction in capacity for the fish-
ery using the potential for industry financing; 
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. 
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SEC. 17. AMENDMENT REGARDING DEFINITIONS OF FISH-
ING COMMUNITY AND RECREATIONAL FISH-
ING INDUSTRY. 
(a) DEFINITION OF FISHING COMMUNITY.—Section 3 
(16 U.S.C. 1802) is further amended in paragraph (16) of 
subsection (a)— 
(1) by striking ‘‘harvest’’ and inserting ‘‘catch, 
harvest,’’; and 
(2) by inserting ‘‘, recreational participants, ma-
rina owners and operators, for-hire vessel owners and 
operators, bait and tackle shop owners and opera-
tors,’’ after ‘‘crew’’. 
(b) RECREATIONAL FISHING INDUSTRY.—Section 3 
(16 U.S.C. 1802) is further amended by adding at the end 
of subsection (a) the following: 
‘‘(45) The term ‘recreational fishing industry’ 
means individual anglers, boat builders, fishing tackle 
manufacturers, for-hire vessel owners and operators, 
bait and tackle shop owners and operators, and rec-
reational marina owners and operators.’’. 
SEC. 18. CONSIDERATION OF ECONOMIC IMPACTS. 
Section 303(a) (16 U.S.C. 1853(a)) is amended— 
(1) in paragraph (5) by inserting ‘‘economic in-
formation necessary to meet the requirements of this 
Act,’’ after ‘‘number of hauls,’’; 
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(2) in paragraph (13) by striking ‘‘fishery’’ the 
first place it appears and inserting ‘‘fishery, includ-
ing their economic impact,’’; and 
(3) in paragraph (14) by striking ‘‘allocate’’ and 
inserting ‘‘allocate, taking into consideration the eco-
nomic impact of harvest restrictions or recovery bene-
fits on the fishery participants in each sector,’’. 
SEC. 19. REGIONAL COASTAL DISASTER ASSISTANCE, TRAN-
SITION, AND RECOVERY PROGRAM. 
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) 
is further amended by adding at the end the following: 
‘‘SEC. 316. 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 request 
of, and in consultation with, the Governors of affected 
States, establish a regional economic transition program to 
provide immediate disaster relief assistance to the fisher-
men, charter fishing operators, United States fish proc-
essors, and owners of related fishery infrastructure affected 
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 
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governmental entities for disbursement to affected en-
tities, for— 
‘‘(A) meeting immediate regional shoreside 
fishery infrastructure needs, including processing 
facilities, cold storage facilities, ice houses, docks, 
including temporary docks and storage facilities, 
and other related shoreside fishery support facili-
ties 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) vessel repair and refloating; 
‘‘(D) debris removal and cleaning; 
‘‘(E) public and private oyster bed, shrimp, 
and other fisheries rehabilitation; and 
‘‘(F) 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 decides 
to scrap a fishing vessel under the program shall be 
eligible for job training assistance. 
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‘‘(3) NO MATCHING REQUIRED.—The Secretary 
may waive the matching requirements of section 312 
of this Act, section 308 of the Interjurisdictional Fish-
eries 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— 
‘‘(A) no reasonable means are available 
through which applicants can meet the matching 
requirement; and 
‘‘(B) the probable benefit of 100 percent 
Federal financing outweighs the public interest 
in imposition of the matching requirement. 
‘‘(4) NET REVENUE LIMIT INAPPLICABLE.—Sec-
tion 308(d)(3) of the Interjurisdictional Fisheries Act 
(16 U.S.C. 4107(d)(3)) shall not apply to assistance 
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 as-
sist the Governor in assessing the current and future eco-
nomic viability of affected fisheries, including the economic 
impact of foreign fish imports and the direct, indirect, or 
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environmental impact of the disaster on the fishery 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— 
‘‘(1) results in economic losses to coastal or fish-
ing communities; 
‘‘(2) affects more than 1 State or a major fishery 
managed by a Council or interstate fishery commis-
sion; and 
‘‘(3) is determined by the Secretary to be a com-
mercial 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)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
the first section of that Act is further amended by inserting 
after the item relating to section 315 the following: 
‘‘Sec. 316. Regional coastal disaster assistance, transition, and recovery pro-
gram.’’. 
SEC. 20. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—Section 4 (16 U.S.C. 1803) is 
amended by striking paragraphs (1) through (4) and insert-
ing the following: 
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‘‘(1) $338,970,000 for fiscal year 2007. 
‘‘(2) $366,087,000 for fiscal year 2008. 
‘‘(3) $395,374,000 for fiscal year 2009. 
‘‘(4) $427,604,000 for fiscal year 2010. 
‘‘(5) $461,812,000 for fiscal year 2011.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
the first section is amended by inserting after the item relat-
ing to section 3 the following: 
‘‘Sec. 4. Authorization of appropriations.’’. 
SEC. 21. REVIEW AND REPORT REGARDING VIOLATIONS OF 
DISCLOSURE, CONFLICT OF INTEREST, AND 
RECUSAL PROVISIONS. 
The Secretary of Commerce shall, within 6 months 
after the date of enactment of this Act, review the votes of 
all Fishery Management Councils that have occurred since 
the date of the enactment of the Sustainable Fisheries Act 
(Public Law 104–297) and report to the Committee on Re-
sources of the House of Representatives on whether there 
were any meaningful violations of the disclosure, conflict 
of interest, and recusal provisions of section 302(j) of the 
Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1852(j)). The Secretary shall include in the 
report recommendations for legislative or regulatory 
changes to section 302(j) of such Act as the Secretary con-
siders appropriate to address situations with respect to 
which violations were identified in the review. 
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SEC. 22. REPORT ON EFFECTS OF HURRICANES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of the 
National Oceanic and Atmospheric Administration shall 
report to the Congress on the effects of Hurricanes Katrina, 
Rita, and Wilma on the fisheries and fish habitat of the 
United States. 
(b) CONTENTS.—The report shall include a description 
of the effects of such hurricanes on— 
(1) commercial and recreational fisheries; 
(2) owners and operators of shrimp fishing ves-
sels; and 
(3) the oyster industry. 
SEC. 23. STUDY OF THE ACIDIFICATION OF THE OCEANS 
AND EFFECT ON FISHERIES. 
The Secretary of Commerce shall request the National 
Research Council to conduct a study of the acidification 
of the oceans and how this process effects United States fish-
eries. 
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Union Calendar No. 323 
109TH CONGRESS 
2D SESSION 
H. R. 5018 
[Report No. 109–567] 
A BILL 
To reauthorize the Magnuson-Stevens Fishery Con-
servation and Management Act, and for other 
purposes. 
JULY 17, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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