H. R. 5946—45
(c) INTERIM REPORTS.—During the course of the study and 
until a final report is submitted to the Senate Committee on Com-
merce, Science, and Transportation and the House of Representa-
tives Committee on Resources, the National Academy of Sciences 
shall transmit interim reports to the Committees biannually con-
taining a summary of preliminary findings and conclusions from 
the study. 
SEC. 213. HURRICANE EFFECTS ON COMMERCIAL AND RECREATION 
FISHERY HABITATS. 
(a) FISHERIES REPORT.—Within 180 days after the date of enact-
ment of this Act, the Secretary of Commerce shall transmit a 
report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Resources on the impact of Hurricane Katrina, Hurricane Rita, 
and Hurricane Wilma on—
(1) commercial and recreational fisheries in the States of 
Alabama, Louisiana, Florida, Mississippi, and Texas; 
(2) shrimp fishing vessels in those States; and 
(3) the oyster industry in those States. 
(b) HABITAT REPORT.—Within 180 days after the date of enact-
ment of this Act, the Secretary of Commerce shall transmit a 
report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Resources on the impact of Hurricane Katrina, Hurricane Rita, 
and Hurricane Wilma on habitat, including the habitat of shrimp 
and oysters in those States. 
(c) HABITAT RESTORATION.—The Secretary shall carry out 
activities to restore fishery habitats, including the shrimp and 
oyster habitats in Louisiana and Mississippi. 
SEC. 214. NORTH PACIFIC FISHERIES CONVENTION. 
Section 313 (16 U.S.C. 1862) is amended—
(1) by striking ‘‘all fisheries under the Council’s jurisdiction 
except salmon fisheries’’ in subsection (a) and inserting ‘‘any 
fishery under the Council’s jurisdiction except a salmon 
fishery’’; 
(2) by striking subsection (a)(2) and inserting the following: 
‘‘(2) establishes a system, or system, of fees, which may 
vary by fishery, management area, or observer coverage level, 
to pay for the cost of implementing the plan.’’; 
(3) by striking ‘‘observers’’ in subsection (b)(2)(A) and 
inserting ‘‘observers, or electronic monitoring systems,’’; 
(4) by inserting ‘‘a fixed amount reflecting actual observer 
costs as described in subparagraph (A) or’’ in subsection 
(b)(2)(E) after ‘‘expressed as’’; 
(5) by inserting ‘‘some or’’ in subsection (b)(2)(F) after 
‘‘against’’; 
(6) by inserting ‘‘or an electronic monitoring system’’ after 
‘‘observer’’ in subsection (b)(2)(F); 
(7) by striking ‘‘and’’ after the semicolon in subsection 
(b)(2)(H); and 
(8) by redesignating subparagraph (I) of subsection (b)(2) 
as subparagraph (J) and inserting after subparagraph (H) the 
following: 
‘‘(I) provide that fees collected will be credited against 
any fee for stationing observers or electronic monitoring sys-
tems on board fishing vessels and United States fish processors
H. R. 5946—46
and the actual cost of inputting collected data to which a 
fishing vessel or fish processor is subject under section 304(d) 
of this Act; and’’. 
SEC. 215. NEW ENGLAND GROUNDFISH FISHERY. 
(a) REVIEW.—The Secretary of Commerce shall conduct a 
unique, thorough examination of the potential impact on all affected 
and interested parties of Framework 42 to the Northeast Multispe-
cies Fishery Management Plan. 
(b) REPORT.—The Secretary shall report the Secretary’s findings 
under subsection (a) within 30 days after the date of enactment 
of this Act. The Secretary shall include in the report a detailed 
discussion of each of the following: 
(1) The economic and social implications for affected parties 
within the fishery, including potential losses to infrastructure, 
expected from the imposition of Framework 42. 
(2) The estimated average annual income generated by 
fishermen in New England, separated by State and vessel size, 
and the estimated annual income expected after the imposition 
of Framework 42. 
(3) Whether the differential days-at-sea counting imposed 
by Framework 42 would result in a reduction in the number 
of small vessels actively participating in the New England 
Fishery. 
(4) The percentage and approximate number of vessels 
in the New England fishery, separated by State and vessel 
type, that are incapable of fishing outside the areas designated 
in Framework 42 for differential days-at-sea counting. 
(5) The percentage of the annual groundfish catch in the 
New England fishery that is harvested by small vessels. 
(6) The current monetary value of groundfish permits in 
the New England fishery and the actual impact that the poten-
tial imposition of Framework 42 is having on such value. 
(7) Whether permitting days-at-sea to be leased is altering 
the market value for groundfish permits or days-at-sea in New 
England. 
(8) Whether there is a substantially high probability that 
the biomass targets used as a basis for Amendment 13 remain 
achievable. 
(9) An identification of the year in which the biomass 
targets used as a basis for Amendment 13 were last evident 
or achieved, and the evidence used to determine such date. 
(10) Any separate or non-fishing factors, including environ-
mental factors, that may be leading to a slower rebuilding 
of groundfish than previously anticipated. 
(11) The potential harm to the non-fishing environment 
and ecosystem from the reduction in fishing resulting from 
Framework 42 and the potential redevelopment of the coastal 
land for other purposes, including potential for increases in 
non-point source of pollution and other impacts. 
SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION. 
The Mid-Atlantic Fishery Council, in consultation with the 
New England Fishery Council, shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation within 9 
months after the date of enactment of this Act—
(1) describing the role of council liaisons between the Mid-
Atlantic and New England Councils, including an explanation
H. R. 5946—47
of council policies regarding the liaison’s role in Council deci-
sion-making since 1996; 
(2) describing how management actions are taken regarding 
the operational aspects of current joint fishery management 
plans, and how such joint plans may undergo changes through 
amendment or framework processes; 
(3) evaluating the role of the New England Fishery Council 
and the Mid-Atlantic Fishery Council liaisons in the develop-
ment and approval of management plans for fisheries in which 
the liaisons or members of the non-controlling Council have 
a demonstrated interest and significant current and historical 
landings of species managed by either Council; 
(4) evaluating the effectiveness of the various approaches 
developed by the Councils to improve representation for affected 
members of the non-controlling Council in Council decision-
making, such as use of liaisons, joint management plans, and 
other policies, taking into account both the procedural and 
conservation requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act; and 
(5) analyzing characteristics of North Carolina and Florida 
that supported their inclusion as voting members of more than 
one Council and the extent to which those characteristics sup-
port Rhode Island’s inclusion on a second Council (the Mid-
Atlantic Council). 
SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS 
WITH POST- BACCALAUREATE DEGREES IN SUBJECTS 
RELATED TO FISHERY SCIENCE. 
(a) IN GENERAL.—The Secretary of Commerce and the Secretary 
of Education shall collaborate to conduct a study of—
(1) whether there is a shortage in the number of individuals 
with post-baccalaureate degrees in subjects related to fishery 
science, including fishery oceanography, fishery ecology, and 
fishery anthropology, who have the ability to conduct high 
quality scientific research in fishery stock assessment, fishery 
population dynamics, and related fields, for government, non-
profit, and private sector entities; 
(2) what Federal programs are available to help facilitate 
the education of students hoping to pursue these degrees; and 
(3) what institutions of higher education, the private sector, 
and the Congress could do to try to increase the number of 
individuals with such post-baccalaureate degrees. 
(b) REPORT.—Not later than 8 months after the date of enact-
ment of this Act, the Secretaries of Commerce and Education shall 
transmit a report to each committee of Congress with jurisdiction 
over the programs referred to in subsection (a), detailing the 
findings and recommendations of the study under this section. 
SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM. 
Section 802 of Public Law 108–199 (118 Stat. 110) is amended 
by striking ‘‘2 years’’ and inserting ‘‘5 years’’. 
TITLE III—OTHER FISHERIES STATUTES 
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT. 
(a) CIVIL PENALTIES.—Section 8(a) of the Northern Pacific Hal-
ibut Act of 1982 (16 U.S.C. 773f(a)) is amended—
H. R. 5946—48
(1) by striking ‘‘$25,000’’ and inserting ‘‘$200,000’’; 
(2) by striking ‘‘violation, the degree of culpability, and 
history of prior offenses, ability to pay,’’ in the fifth sentence 
and inserting ‘‘violator, the degree of culpability, any history 
of prior offenses,’’; and 
(3) by adding at the end the following: ‘‘In assessing such 
penalty, the Secretary may also consider any information pro-
vided by the violator relating to the ability of the violator 
to pay if the information is provided to the Secretary at least 
30 days prior to an administrative hearing.’’. 
(b) PERMIT SANCTIONS.—Section 8 of the Northern Pacific Hal-
ibut Act of 1982 (16 U.S.C. 773f) is amended by adding at the 
end the following: 
‘‘(e) REVOCATION OR SUSPENSION OF PERMIT.—
‘‘(1) IN
GENERAL.—The Secretary may take any action 
described in paragraph (2) in any case in which—
‘‘(A) a vessel has been used in the commission of any 
act prohibited under section 7; 
‘‘(B) the owner or operator of a vessel or any other 
person who has been issued or has applied for a permit 
under this Act has acted in violation of section 7; or 
‘‘(C) any amount in settlement of a civil forfeiture 
imposed on a vessel or other property, or any civil penalty 
or criminal fine imposed on a vessel or owner or operator 
of a vessel or any other person who has been issued or 
has applied for a permit under any marine resource law 
enforced by the Secretary has not been paid and is overdue. 
‘‘(2) PERMIT-RELATED ACTIONS.—Under the circumstances 
described in paragraph (1) the Secretary may—
‘‘(A) revoke any permit issued with respect to such 
vessel or person, with or without prejudice to the issuance 
of subsequent permits; 
‘‘(B) suspend such permit for a period of time consid-
ered by the Secretary to be appropriate; 
‘‘(C) deny such permit; or 
‘‘(D) impose additional conditions and restrictions on 
any permit issued to or applied for by such vessel or person 
under this Act and, with respect to any foreign fishing 
vessel, on the approved application of the foreign nation 
involved and on any permit issued under that application. 
‘‘(3) FACTORS TO BE CONSIDERED.—In imposing a sanction 
under this subsection, the Secretary shall take into account—
‘‘(A) the nature, circumstances, extent, and gravity of 
the prohibited acts for which the sanction is imposed; and 
‘‘(B) with respect to the violator, the degree of culpa-
bility, any history of prior offenses, and such other matters 
as justice may require. 
‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of ownership of 
a vessel, a permit, or any interest in a permit, by sale or 
otherwise, shall not extinguish any permit sanction that is 
in effect or is pending at the time of transfer of ownership. 
Before executing the transfer of ownership of a vessel, permit, 
or interest in a permit, by sale or otherwise, the owner shall 
disclose in writing to the prospective transferee the existence 
of any permit sanction that will be in effect or pending with 
respect to the vessel, permit, or interest at the time of the 
transfer.