under subparagraph (A) to carry out activities enu-
merated in such agreement. 
‘‘(C) Such cooperative agreements shall provide 
for— 
‘‘(i) the actions to be taken by the parties 
to the agreement; 
‘‘(ii) the benefits to be derived in connec-
tion with the conservation, protection, restora-
tion or enhancement of essential fish habitat; 
‘‘(iii) the estimated cost of these actions; 
and 
‘‘(iv) the share of such cost to be borne by 
each party to the agreement; except that the 
Federal share of such program costs shall not 
exceed 75 percent of the estimated program 
cost stated in the agreement. 
‘‘(D) For the purposes of this paragraph, the 
non-Federal share may, at the discretion of the Sec-
retary, be in the form of money or in-kind contribu-
tion, the value of which shall be determined by the 
Secretary.’’. 
SEC. 119. ENFORCEMENT. 
(a) CIVIL ENFORCEMENT.—Section 308 (16 U.S.C. 
1858) is amended— 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
(1) by striking ‘‘$100,000’’ in subsection (a) 
and inserting ‘‘$240,000’’; 
(2) by striking ‘‘this section,’’ in subsection (f) 
and inserting ‘‘this Act (or any other marine re-
source law enforced by the Secretary),’’; 
(3) by inserting ‘‘a permit, or any interest in a 
permit,’’ in subsection (g)(3) after ‘‘vessel,’’ each 
place it appears; 
(4) by striking ‘‘the vessel’’ in subsection (g)(3) 
and inserting ‘‘the vessel, permit, or interest’’; 
(5) by inserting ‘‘or any amount in settlement 
of a civil forfeiture,’’ after ‘‘criminal fine,’’ in sub-
section (g)(4); and 
(6) by striking ‘‘penalty or fine’’ in subsection 
(g)(4) and inserting ‘‘penalty, fine, or settlement 
amount’’. 
(b) CRIMINAL PENALTIES.—Section 309 (16 U.S.C. 
1859) is amended to read as follows: 
‘‘SEC. 309. CRIMINAL PENALTIES. 
‘‘(a) FINES AND IMPRISONMENT.— 
‘‘(1) IN GENERAL.—Any person (other than a 
foreign government or entity thereof) who knowingly 
violates subparagraph (D), (E), (F), (H), (I), or (L) 
of paragraph (1) of section 307, or paragraph (2) of 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
section 307, shall be imprisoned for not more than 
5 years and fined— 
‘‘(A) not more than $500,000 if such per-
son is an individual; or 
‘‘(B) not more than $1,000,000 if such 
person is a corporation or other legal entity 
other than an individual. 
‘‘(2) 
AGGRAVATED
OFFENSES.—Notwith-
standing paragraph (1), the maximum term of im-
prisonment shall be for not more than 10 years if— 
‘‘(A) the violator is an individual; and 
‘‘(B) in the commission of a violation de-
scribed in paragraph (1), that individual— 
‘‘(A) used a dangerous weapon; 
‘‘(B) engaged in conduct that caused bod-
ily injury to any observer described in section 
307, any officer authorized to enforce the provi-
sions of this Act under section 311, or any 
Council member or staff; or 
‘‘(C) placed any such observer, officer, 
Council member, or staff in fear of imminent 
bodily injury. 
‘‘(b) OTHER VIOLATIONS.—Any person (other than 
a foreign government or entity thereof) who knowingly vio-
lates any other provision of section 307 shall be fined 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
under title 18, United States Code, imprisoned for not 
more than 5 years, or both. 
‘‘(c) JURISDICTION.— 
‘‘(1) IN GENERAL.—The district courts of the 
United States shall have jurisdiction over any action 
arising under this Act. 
‘‘(2) VENUE.—For purposes of this Act— 
‘‘(A) each violation of this Act shall con-
stitute a separate offense and the offense shall 
be deemed to have been committed not only in 
the district where it first occurred, but also in 
any other district as authorized by law; 
‘‘(B) any offense not committed within a 
judicial district of the United States is subject 
to the venue provisions of section 3238 of title 
18, United States Code; and 
‘‘(C) American Samoa shall be included 
within the judicial district of the United States 
District Court for the District of Hawaii.’’. 
(c) CIVIL FORFEITURES.—Section 310(a) (16 U.S.C. 
1860(a)) is amended— 
(1) by striking ‘‘(other than any act for which 
the issuance of a citation under section 311(a) is 
sufficient sanction)’’; and 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
(2) by striking ‘‘States.’’ and inserting ‘‘States, 
except that no fishing vessel shall be subject to for-
feiture under this section as the result of any act for 
which the issuance of a citation under section 311(a) 
is sufficient sanction.’’. 
(d) 
ENFORCEMENT
RESPONSIBILITY.—Section 
311(a) (16 U.S.C. 1861(a)) is amended— 
(1) by striking ‘‘Act’’ and inserting ‘‘Act, and 
the provisions of any marine resource law adminis-
tered by the Secretary,’’; and 
(2) by striking ‘‘State agency,’’ and inserting 
‘‘agency of any State, Territory, Commonwealth, or 
Tribe,’’. 
(e) POWERS OF AUTHORIZED OFFICERS.—Section 
311(b) (16 U.S.C. 1861(b)) is amended by striking ‘‘Fed-
eral or State’’. 
(f) PAYMENT
OF STORAGE, CARE, AND OTHER 
COSTS.—Section 311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) 
is amended to read as follows: 
‘‘(B) a reward to any person who furnishes in-
formation which leads to an arrest, conviction, civil 
penalty assessment, or forfeiture of property for any 
violation of any provision of this Act or any other 
marine resource law enforced by the Secretary of up 
to the lesser of— 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
‘‘(i) 20 percent of the penalty or fine col-
lected; or 
‘‘(ii) $20,000;’’. 
SEC. 120. FISHERY PERMITTING AND REGISTRATION PRO-
GRAMS. 
(a) CONSISTENCY OF PLANS WITH NATIONAL PRO-
GRAM.—Section 303(b)(1) (16 U.S.C. 1853(b)(1)) is 
amended by inserting after ‘‘(1)’’ the following: ‘‘con-
sistent with the national program established under sec-
tion 401,’’. 
(b) UNIFORM NATIONAL PROGRAMS.—Section 401 
(16 U.S.C. 1881) is amended to read as follows: 
‘‘SEC. 401. FISHERY PERMITTING AND REGISTRATION. 
‘‘(a) COMMERCIAL FISHERIES.—The Secretary shall 
establish and implement a uniform national program for 
permitting in commercial fisheries. The program shall 
standardize the requirements for vessel registration and 
permitting required by this Act, the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1361 et seq.), any other 
marine resource law implemented by the Secretary, and, 
with the permission of a State, any marine resource law 
implemented by such State. 
‘‘(b) DEPOSIT OF FEES.—Any fees collected under 
this section shall be deposited into the Limited Access Sys-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
tem 
Administration 
Fund 
established 
by 
section 
305(h)(5)(B).’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by striking the item relating 
to section 401 and inserting the following: 
‘‘Sec. 401. Fishery permitting and registration.’’. 
SEC. 121. BYCATCH. 
(a) 
REPORTING
METHODOLOGY.—Section 
303(a)(11) (16 U.S.C. 1853(a)(11)) is amended by strik-
ing ‘‘establish a standardized’’ and inserting ‘‘within one 
year after the date of the enactment of the Magnuson- 
Stevens Fishery Conservation and Management Amend-
ments Act of 2006, establish and begin implementing a 
standardized’’. 
(b) CHARITABLE DONATION OF BYCATCH.—Section 
303(b) (16 U.S.C. 1853(b)) is further amended by strik-
ing ‘‘and’’ after the semicolon at the end of paragraph 
(13), by striking the period at the end of paragraph (14) 
and inserting ‘‘; and’’, and by adding at the end the fol-
lowing: 
‘‘(15) allow the retention and donation for char-
itable purposes of all dead bycatch that cannot oth-
erwise be avoided under terms that ensure, through 
the use of onboard fishery observers or other means, 
that such retention and donation do not allow the 
evasion of vessel trip limits, total allowable catch lev-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
els, or other conservation and management meas-
ures.’’. 
Subtitle B—Collaborative Strategic 
Planning 
SEC. 131. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Fishing 
Fleet Vision, Implementation, and Management Act’’. 
SEC. 132. DEFINITIONS. 
In this subtitle: 
(1) ATLANTIC HIGHLY MIGRATORY SPECIES.— 
The term ‘‘Atlantic highly migratory species’’ means 
a species in any highly migratory species fishery that 
is within the geographical area of authority of more 
than one of the following Councils: New England 
Council, Mid-Atlantic Council, South Atlantic Coun-
cil, Gulf Council, and Caribbean Council. 
(2) COUNCIL.—The term ‘‘Council’’ means a 
Regional Fishery Management Council established 
under the Magnuson Act. 
(3) HIGHLY
MIGRATORY
SPECIES.—The term 
‘‘highly migratory species’’ has the meaning given 
such term in section 3 of the Magnuson Act (16 
U.S.C. 1802). 
(4) INSTITUTE.—The term ‘‘Institute’’ means 
the United States Institute for Environmental Con-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
flict Resolution established pursuant to Public Law 
105–156. 
(5) MAGNUSON
ACT.—The term ‘‘Magnuson 
Act’’ means the Magnuson-Steven Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.). 
(6) NATIONAL TASK FORCE.—The term ‘‘Na-
tional Task Force’’ means the National Task Force 
on Sustainable Fleet Capacity established under sec-
tion 134. 
(7) OVERFISHING
AND
DEPLETED.—Each of 
the terms ‘‘overfishing’’ and ‘‘depleted’’ have the 
meaning given such term in section 3 of the Magnu-
son Act (16 U.S.C. 1802). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the Na-
tional Marine Fisheries Service. 
SEC. 133. PROGRAM TO ACHIEVE SUSTAINABLE FISHERIES 
THROUGH 
COLLABORATIVE 
STRATEGIC 
PLANNING PROCESSES. 
(a) IN GENERAL.—The Secretary, in consultation 
with the United States Institute for Environmental Con-
flict Resolution, shall establish and implement a program 
to enable Regional Fishery Management Councils to de-
velop broadly supported plans designed to achieve sustain-
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
able fisheries through collaborative strategic planning 
processes. 
(b) GUIDANCE AND ASSISTANCE.—Under the pro-
gram under this section, the Secretary shall provide guid-
ance and assistance to Councils in utilizing— 
(1) collaborative process assessment, design, 
and implementation; and 
(2) options to address regional differences and 
circumstances. 
SEC. 134. NATIONAL TASK FORCE ON SUSTAINABLE FISH-
ERY CAPACITY. 
(a) IN GENERAL.—The Secretary shall establish a 
National Task Force on Sustainable Fishery Capacity to 
develop— 
(1) guidance for the development of Sustainable 
Fishery Standards for Sustainable Fishery Vision, 
Implementation, and Management Plans under sec-
tion 135, including appropriate criteria, standards, 
performance measures, and guidelines for such 
plans; and 
(2) criteria to prioritize fisheries for which such 
plans will be most useful. 
(b) MEMBERS.—The National Task Force shall— 
(1) consist of members appointed by the Sec-
retary; 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS
(2) have balanced representation of affected 
and concerned stakeholders; and 
(3) include one member designated by the Sec-
retary to serve as the chairperson of the National 
Task Force, who shall be appointed by the Sec-
retary— 
(A) in consultation with the Regional Fish-
ery Management Council Coordinating Com-
mittee; and 
(B) based on recommendations of an inde-
pendent stakeholder assessment conducted by 
the Institute. 
(c) FEDERAL ADVISORY COMMITTEE ACT.— 
(1) IN GENERAL.—The Federal Advisory Com-
mittee Act (5 App. U.S.C.) shall not apply to the 
National Task Force. 
(2) COMPLIANCE.—Notwithstanding paragraph 
(1), the National Task Force shall be appointed and 
operate in a manner consistent with all provisions of 
the Federal Advisory Committee Act with respect 
to— 
(A) the balance of membership of the Na-
tional Task Force; 
(B) provision of public notice regarding ac-
tivities of the National Task Force; 
VerDate Aug 31 2005 
21:30 Apr 04, 2006
Jkt 049196
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H5051.IH
H5051
rwilkins on PROD1PC63 with BILLS