H. R. 5946—17
respect to the Gulf Council. For multispecies permits 
in the Gulf of Mexico, only those participants who 
have substantially fished the species proposed to be 
included in the individual fishing quota program shall 
be eligible to vote in such a referendum. If an indi-
vidual 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 ref-
erendum. 
‘‘(ii) The Secretary shall conduct a referendum 
under this subparagraph, including notifying all per-
sons eligible to participate in the referendum and 
making available to them information concerning the 
schedule, procedures, and eligibility requirements for 
the referendum process and the proposed individual 
fishing quota program. Within 1 year after the date 
of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 
2006, the Secretary shall publish guidelines and proce-
dures to determine procedures and voting eligibility 
requirements for referenda and to conduct such 
referenda in a fair and equitable manner. 
‘‘(iii) The provisions of section 407(c) of this Act 
shall apply in lieu of this subparagraph for an indi-
vidual fishing quota program for the Gulf of Mexico 
commercial red snapper fishery. 
‘‘(iv) 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. 
‘‘(v) The Secretary shall promulgate criteria for 
determining whether additional fishery participants 
are eligible to vote in the New England referendum 
described in clause (i) in order to ensure that crew 
members who derive a significant percentage of their 
total income from the fishery under the proposed pro-
gram are eligible to vote in the referendum. 
‘‘(vi) In this subparagraph, the term ‘individual 
fishing quota’ does not include a sector allocation. 
‘‘(7) TRANSFERABILITY.—In establishing a limited access 
privilege program, a Council shall—
‘‘(A) establish a policy and criteria for the transfer-
ability of limited access privileges (through sale or lease), 
that is consistent with the policies adopted by the Council 
for the fishery under paragraph (5); and 
‘‘(B) establish, in coordination with the Secretary, a 
process for monitoring of transfers (including sales and 
leases) of limited access privileges. 
‘‘(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL 
PLANS.—This subsection also applies to a plan prepared and 
implemented by the Secretary under section 304(c) or 304(g). 
‘‘(9) ANTITRUST SAVINGS CLAUSE.—Nothing in this Act shall 
be construed to modify, impair, or supersede the operation 
of any of the antitrust laws. For purposes of the preceding 
sentence, the term ‘antitrust laws’ has the meaning given such 
term in subsection (a) of the first section of the Clayton Act, 
except that such term includes section 5 of the Federal Trade
H. R. 5946—18
Commission Act to the extent that such section 5 applies to 
unfair methods of competition. 
‘‘(d) AUCTION AND OTHER PROGRAMS.—In establishing a limited 
access privilege program, a Council shall consider, and may provide, 
if appropriate, an auction system or other program to collect royal-
ties 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 requirements of this section; 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 appropriations. 
‘‘(e) COST RECOVERY.—In establishing a limited access 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 directly related to and in sup-
port of the program; and 
‘‘(2) provide, under section 304(d)(2), for a program of fees 
paid by limited access privilege holders that will cover the 
costs of management, data collection and analysis, and enforce-
ment activities. 
‘‘(f) CHARACTERISTICS.—A limited access privilege established 
after the date of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006 is a permit 
issued for a period of not more than 10 years that—
‘‘(1) will be renewed before the end of that period, unless 
it has been revoked, limited, or modified as provided in this 
subsection; 
‘‘(2) will be revoked, limited, or modified if the holder 
is found by the Secretary, after notice and an opportunity 
for a hearing under section 554 of title 5, United States Code, 
to have failed to comply with any term of the plan identified 
in the plan as cause for revocation, limitation, or modification 
of a permit, which may include conservation requirements 
established under the plan; 
‘‘(3) may be revoked, limited, or modified if the holder 
is found by the Secretary, after notice and an opportunity 
for a hearing under section 554 of title 5, United States Code, 
to have committed an act prohibited by section 307 of this 
Act; and 
‘‘(4) may be acquired, or reacquired, by participants in 
the program under a mechanism established by the Council 
if it has been revoked, limited, or modified under paragraph 
(2) or (3). 
‘‘(g) LIMITED
ACCESS
PRIVILEGE
ASSISTED
PURCHASE
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—A Council may submit, and the Secretary 
may approve and implement, a program which reserves up 
to 25 percent of any fees collected from a fishery under section 
304(d)(2) to be used, pursuant to section 53706(a)(7) of title 
46, United States Code, to issue obligations that aid in 
financing—
‘‘(A) the purchase of limited access privileges in that 
fishery by fishermen who fish from small vessels; and
H. R. 5946—19
‘‘(B) the first-time purchase of limited access privileges 
in that fishery by entry level fishermen. 
‘‘(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 Magnuson-
Stevens Fishery Conservation and Management Reauthorization 
Act of 2006, shall be construed to require a reallocation or a 
reevaluation of individual quota shares, processor quota shares, 
cooperative programs, or other quota programs, including sector 
allocation in effect before the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization 
Act of 2006. 
‘‘(i) TRANSITION RULES.—
‘‘(1) IN GENERAL.—The requirements of this section shall 
not apply to any quota program, including any individual quota 
program, cooperative program, or sector allocation for which 
a Council has taken final action or which has been submitted 
by a Council to the Secretary, or approved by the Secretary, 
within 6 months after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthoriza-
tion Act of 2006, except that—
‘‘(A) the requirements of section 303(d) of this Act 
in effect on the day before the date of enactment of that 
Act shall apply to any such program; 
‘‘(B) the program shall be subject to review under sub-
section (c)(1)(G) of this section not later than 5 years after 
the program implementation; and 
‘‘(C) nothing in this subsection precludes a Council 
from incorporating criteria contained in this section into 
any such plans. 
‘‘(2) PACIFIC
GROUNDFISH
PROPOSALS.—The requirements 
of this section, other than subparagraphs (A) and (B) of sub-
section (c)(1) and subparagraphs (A), (B), and (C) of paragraph 
(1) of this subsection, shall not apply to any proposal authorized 
under section 302(f) of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006 that 
is submitted within the timeframe prescribed by that section.’’. 
(b) FEES.—Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is 
amended by striking ‘‘management and enforcement’’ and inserting 
‘‘management, data collection, and enforcement’’. 
(c) INVESTMENT
IN
UNITED
STATES
SEAFOOD
PROCESSING 
FACILITIES.—The Secretary of Commerce shall work with the Small 
Business Administration and other Federal agencies to develop 
financial and other mechanisms to encourage United States invest-
ment in seafood processing facilities in the United States for fish-
eries that lack capacity needed to process fish harvested by United 
States vessels in compliance with the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.). 
(d) CONFORMING
AMENDMENT.—Section 304(d)(2)(C)(i) (16 
U.S.C. 1854(d)(2)(C)(i)) is amended by striking ‘‘section 305(h)(5)(B)’’ 
and all that follows and inserting ‘‘section 305(h)(5)(B).’’.
H. R. 5946—20
(e) APPLICATION WITH AMERICAN FISHERIES ACT.—Nothing in 
section 303A of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), as added by subsection 
(a), shall be construed to modify or supersede any provision of 
the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 
note; et alia). 
SEC. 107. ENVIRONMENTAL REVIEW PROCESS. 
Section 304 (16 U.S.C. 1854) is amended by adding at the 
end the following: 
‘‘(i) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(1) PROCEDURES.—The Secretary shall, in consultation 
with the Councils and the Council on Environmental Quality, 
revise and update agency procedures for compliance with the 
National Environmental Policy Act (42 U.S.C. 4231 et seq.). 
The procedures shall—
‘‘(A) conform to the time lines for review and approval 
of fishery management plans and plan amendments under 
this section; and 
‘‘(B) integrate applicable environmental analytical 
procedures, including the time frames for public input, 
with the procedure for the preparation and dissemination 
of fishery management plans, plan amendments, and other 
actions taken or approved pursuant to this Act in order 
to provide for timely, clear and concise analysis that is 
useful to decision makers and the public, reduce extraneous 
paperwork, and effectively involve the public. 
‘‘(2) USAGE.—The updated agency procedures promulgated 
in accordance with this section used by the Councils or the 
Secretary shall be the sole environmental impact assessment 
procedure for fishery management plans, amendments, regula-
tions, or other actions taken or approved pursuant to this 
Act. 
‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES.—
The Secretary shall—
‘‘(A) propose revised procedures within 6 months after 
the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 
2006; 
‘‘(B) provide 90 days for public review and comments; 
and 
‘‘(C) promulgate final procedures no later than 12 
months after the date of enactment of that Act. 
‘‘(4) PUBLIC PARTICIPATION.—The Secretary is authorized 
and directed, in cooperation with the Council on Environmental 
Quality and the Councils, to involve the affected public in 
the development of revised procedures, including workshops 
or other appropriate means of public involvement.’’. 
SEC. 108. EMERGENCY REGULATIONS. 
(a) LENGTHENING
OF SECOND EMERGENCY PERIOD.—Section 
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ‘‘180 
days,’’ the second time it appears 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 interim measures’’ after 
‘‘emergency regulations’’.