136 
cable international conservation or management 
measures or in areas with no applicable inter-
national fishery management organization or 
agreement, that has adverse impacts on such 
stocks; and 
‘‘(C) fishing activity, including bottom 
trawling, 
that 
have 
adverse 
impacts 
on 
seamounts, hydrothermal vents, and cold water 
corals located beyond national jurisdiction, for 
which there are no applicable conservation or 
management measures or in areas with no ap-
plicable international fishery management orga-
nization or agreement. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for fis-
cal years 2007 through 2012 such sums as are necessary 
to carry out this section. 
‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if— 
‘‘(1) fishing vessels of that nation are engaged, 
or have been engaged during the preceding calendar 
year in fishing activities or practices beyond the ex-
clusive economic zone that result in bycatch of a 
protected living marine resource; 
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‘‘(2) the relevant international organization for 
the conservation and protection of such species or 
the relevant international or regional fishery organi-
zation has failed to implement effective measures to 
end or reduce the impacts of the fishing practices of 
the nation’s vessels on such species, or the nation is 
not a party to, or does not maintain cooperating sta-
tus with, such organization; and 
‘‘(3) the nation has not adopted a regulatory 
program governing such fishing practices and associ-
ated bycatch of protected living marine resources 
that are comparable to those of the United States, 
taking into account different conditions. 
‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec-
retary, acting through the Secretary of State, shall— 
‘‘(1) notify, as soon as possible, other nations 
whose vessels engage in fishing activities or practices 
described in subsection (a), about the requirements 
of this section and this Act; 
‘‘(2) initiate discussions as soon as possible 
with all foreign governments which are engaged in, 
or which have persons or companies engaged in, 
fishing activities or practices described in subsection 
(a), for the purpose of entering into bilateral and 
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multilateral treaties with such countries to protect 
such species; 
‘‘(3) seek agreements calling for international 
restrictions on fishing activities or practices de-
scribed in subsection (a) through the United Na-
tions, the Food and Agriculture Organization’s Com-
mittee on Fisheries, and appropriate international 
fishery management bodies; and 
‘‘(4) initiate the amendment of any existing 
international treaty for the protection and conserva-
tion of such species to which the United States is a 
party in order to make such treaty consistent with 
the purposes and policies of this section. 
‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.— 
‘‘(1) CERTIFICATION.—The Secretary shall de-
termine, on the basis of a procedure consistent with 
the provisions of subchapter II of chapter 5 of title 
5, United States Code, and including notice and an 
opportunity for comment by the governments of any 
nation identified by the Secretary under subsection 
(a). The Secretary shall certify to the Congress by 
January 31, 2007, and annually thereafter whether 
the government of each harvesting nation— 
‘‘(A) has provided documentary evidence of 
the adoption of a regulatory program governing 
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the conservation of the protected living marine 
resource, including measures to ensure max-
imum probability for survival after release, that 
is comparable to that of the United States, tak-
ing into account different conditions, and 
which, in the case of pelagic longline fishing, in-
cludes mandatory use of circle hooks, careful 
handling and release equipment, and training 
and observer programs; and 
‘‘(B) has established a management plan 
containing requirements that will assist in gath-
ering species-specific data to support inter-
national stock assessments and conservation en-
forcement efforts for protected living marine re-
sources. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary shall establish a procedure for certification, 
on a shipment-by-shipment, shipper-by-shipper, or 
other basis of fish or fish products from a vessel of 
a harvesting nation not certified under paragraph 
(1) if the Secretary determines that such imports 
were harvested by practices that do not result in by-
catch of a protected marine species, or were har-
vested by practices that— 
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‘‘(A) are comparable to those of the United 
States, taking into account different conditions, 
and which, in the case of pelagic longline fish-
ing, includes mandatory use of circle hooks, 
careful handling and release equipment, and 
training and observer programs; and 
‘‘(B) include the gathering of species spe-
cific data that can be used to support inter-
national and regional stock assessments and 
conservation efforts for protected living marine 
resources. 
‘‘(3) EFFECT OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and 
(4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 
(b)(4)) shall apply to any nation identified under 
subsection (a) that has not been certified by the Sec-
retary under this subsection, or for which the Sec-
retary has issued a negative certification under this 
subsection, but shall not apply to any nation identi-
fied under subsection (a) for which the Secretary 
has issued a positive certification under this sub-
section. 
‘‘(d) INTERNATIONAL COOPERATION
AND ASSIST-
ANCE.—To the greatest extent possible consistent with ex-
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