H. R. 5946—33
(2) advance the science and monitoring of coastal habitat 
restoration; 
(3) transfer restoration technologies to the private sector, 
the public, and other governmental agencies; 
(4) develop public-private partnerships to accomplish sound 
coastal restoration projects; 
(5) promote significant community support and volunteer 
participation in fishery and coastal habitat restoration; 
(6) promote stewardship of fishery and coastal habitats; 
and 
(7) leverage resources through national, regional, and local 
public-private partnerships. 
SEC. 118. PROHIBITED ACTS. 
Section 307(1) (16 U.S.C. 1857(1)) is amended—
(1) by striking ‘‘or’’ after the semicolon in subparagraph 
(O); 
(2) by striking ‘‘carcass.’’ in subparagraph (P) and inserting 
‘‘carcass;’’; and 
(3) by inserting after subparagraph (P) and before the 
last sentence the following: 
‘‘(Q) to import, export, transport, sell, receive, acquire, 
or purchase in interstate or foreign commerce any fish 
taken, possessed, transported, or sold in violation of any 
foreign law or regulation; or 
‘‘(R) to use any fishing vessel to engage in fishing 
in Federal or State waters, or on the high seas or in 
the waters of another country, after the Secretary has 
made a payment to the owner of that fishing vessel under 
section 312(b)(2).’’. 
SEC. 119. SHARK FEEDING. 
Title III (16 U.S.C. 1851 et seq.), as amended by section 116 
of this Act, is further amended by adding at the end the following: 
‘‘SEC. 317. SHARK FEEDING. 
‘‘Except to the extent determined by the Secretary, or under 
State law, as presenting no public health hazard or safety risk, 
or when conducted as part of a research program funded in whole 
or in part by appropriated funds, it is unlawful to introduce, or 
attempt to introduce, food or any other substance into the water 
to attract sharks for any purpose other than to harvest sharks 
within the Exclusive Economic Zone seaward of the State of Hawaii 
and of the Commonwealths, territories, and possessions of the 
United States in the Pacific Ocean Area.’’. 
SEC. 120. CLARIFICATION OF FLEXIBILITY. 
(a) IN GENERAL.—The Secretary of Commerce has the discretion 
under the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1851 et seq.) to extend the time for rebuilding 
the summer flounder fishery to not later than January 1, 2013, 
only if—
(1) the Secretary has determined that—
(A) overfishing is not occurring in the fishery and 
that a mechanism is in place to ensure overfishing does 
not occur in the fishery; and 
(B) stock biomass levels are increasing;
H. R. 5946—34
(2) the biomass rebuilding target previously applicable to 
such stock will be met or exceeded within the new time for 
rebuilding; 
(3) the extension period is based on the status and biology 
of the stock and the rate of rebuilding; 
(4) monitoring will ensure rebuilding continues; 
(5) the extension meets the requirements of section 
301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and 
(6) the best scientific information available shows that 
the extension will allow continued rebuilding. 
(b) AUTHORITY.—Nothing in this section shall be construed 
to amend the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter 
the authority of the Secretary under that Act concerning other 
species. 
SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY 
REDUCTION. 
Section 209 of the Department of Commerce and Related Agen-
cies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2884) 
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ after ‘‘SEC. 209.’’; 
(2) by striking ‘‘is authorized to’’ in the first sentence and 
inserting ‘‘shall’’; 
(3) by striking ‘‘$50,000,000’’ and all that follows in the 
first sentence and inserting ‘‘up to $25,000,000 pursuant to 
section 57735 of title 46, United States Code.’’; 
(4) by striking the third sentence and inserting: ‘‘The loan 
shall have a term of 40 years.’’; and 
(5) by adding at the end the following: 
‘‘(b) SOUTHEAST ALASKA FISHERIES PROGRAM.—
‘‘(1) CONDUCT OF PROGRAM BY RSA.—The program described 
in subsection (a) shall be conducted under Alaska law by the 
Southeast Revitalization Association. 
‘‘(2) TREATMENT UNDER CHAPTER 577 OF TITLE 46.—For pur-
poses of section 57735 of title 46, United States Code, the 
program shall be considered to be a program established under 
section 312 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a). 
‘‘(3) APPLICATION
OF
MAGNUSON-STEVENS
ACT.—Notwith-
standing paragraph (2), the program shall not be subject to 
section 312 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a), except for subsections 
(b)(1)(C) and (d) of that section. 
‘‘(c) SOUTHEAST ALASKA FISHERIES PROGRAM APPROVAL
AND 
REFERENDUM.— 
‘‘(1) IN GENERAL.—The Secretary of Commerce may approve 
a capacity reduction plan submitted by the Southeast Revital-
ization Association under subsection (b). 
‘‘(2) 
REFERENDUM.—The 
Secretary 
shall 
conduct 
an 
industry fee system referendum for the buyback under the 
program in accordance with section 312(d)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861a), except that—
‘‘(A) no Council request and no consultation shall be 
required; and
H. R. 5946—35
‘‘(B) the fee shall not exceed 3 percent of the annual 
ex-vessel value of all salmon harvested in the southeast 
Alaska purse seine fishery. 
‘‘(d) DISBURSAL OF LOAN PROCEEDS.—If the industry fee system 
is approved as provided in section 312(d)(1)(B) of that Act (16 
U.S.C. 1861a(d)(1)(B)), the Secretary shall disburse the loan in 
the form of reduction payments to participants in such amounts 
as the Southeast Revitalization Association certifies to have been 
accepted under Alaska law for reduction payments. The Secretary 
shall thereafter administer the fee system in accordance with sec-
tion 312(d)(2) of that Act (16 U.S.C. 1861a(d)(2)), and any person 
paying or collecting the fee shall make such payments or collection 
such fees in accordance with the requirements of that Act (16 
U.S.C. 1801 et seq.)’’. 
SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES. 
(a) IN GENERAL.—
(1) AMENDMENT OF PLAN.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Commerce 
shall amend the fishery management plan for the Bering Sea/
Aleutian Islands King and Tanner Crabs for the Northern 
Region (as that term is used in the plan) to authorize—
(A) an eligible entity holding processor quota shares 
to elect on an annual basis to work together with other 
entities holding processor quota shares and affiliated with 
such eligible entity through common ownership to combine 
any catcher vessel quota shares for the Northern Region 
with their processor quota shares and to exchange them 
for newly created catcher/processor owner quota shares 
for the Northern Region; and 
(B) an eligible entity holding catcher vessel quota 
shares to elect on an annual basis to work together with 
other entities holding catcher vessel quota shares and affili-
ated with such eligible entity through common ownership 
to combine any processor quota shares for the Northern 
Region with their catcher vessel quota shares and to 
exchange them for newly created catcher/processor owner 
quota shares for the Northern Region. 
(2) ELIGIBILITY AND LIMITATIONS.—
(A) The authority provided in paragraph (1)(A) shall—
(i)(I) apply only to an entity which was initially 
awarded both catcher/processor owner quota shares, 
and processor quota shares under the plan (in combina-
tion with the processor quota shares of its commonly 
owned affiliates) of less than 7 percent of the Bering 
Sea/Aleutian Island processor quota shares; or 
(II) apply only to an entity which was initially 
awarded both catcher/processor owner quota shares 
under the plan and processor quota shares under sec-
tion 417(a) of the Coast Guard and Maritime Transpor-
tation Act of 2006 (Public Law 109–241; 120 Stat. 
546); 
(ii) be limited to processor quota shares initially 
awarded to such entities and their commonly owned 
affiliates under the plan or section 417(a) of that Act; 
and
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(iii) shall not exceed 1 million pounds per entity 
during any calendar year. 
(B) The authority provided in paragraph (1)(B) shall—
(i) apply only to an entity which was initially 
awarded both catcher/processor owner quota shares, 
and processor quota shares under the plan (in combina-
tion with the processor quota shares of its commonly 
owned affiliates) of more than 7 percent of the Bering 
Sea/Aleutian Island processor quota shares; 
(ii) be limited to catcher vessel quota shares ini-
tially awarded to such entity and its commonly owned 
affiliates; and 
(iii) shall not exceed 1 million pounds per entity 
during any calendar year. 
(3) EXCHANGE RATE.—The entities referred to in paragraph 
(1) shall receive under the amendment 1 unit of newly created 
catcher/processor owner quota shares in exchange for 1 unit 
of catcher vessel owner quota shares and 0.9 units of processor 
quota shares. 
(4) AREA OF VALIDITY.—Each unit of newly created catcher/
processor owner quota shares under this subsection shall only 
be valid for the Northern Region. 
(b) FEES.—
(1) LOCAL FEES.—The holder of the newly created catcher/
processor owner quota shares under subsection (a) shall pay 
a fee of 5 percent of the ex-vessel value of the crab harvested 
pursuant to those shares to any local governmental entities 
in the Northern Region if the processor quota shares used 
to produce those newly created catcher/processor owner quota 
shares were originally derived from the processing activities 
that occurred in a community under the jurisdiction of those 
local governmental entities. 
(2) STATE FEE.—The State of Alaska may collect from the 
holder of the newly created catcher/processor owner quota 
shares under subsection (a) a fee of 1 percent of the ex-vessel 
value of the crab harvested pursuant to those shares. 
(c) OFF-LOADING REQUIREMENT.—Crab harvested pursuant to 
catcher/processor owner quota shares created under this subsection 
shall be off-loaded in those communities receiving the local govern-
mental entities fee revenue set forth in subsection (b)(1). 
(d) PERIODIC COUNCIL REVIEW.—As part of its periodic review 
of the plan, the North Pacific Fishery Management Council may 
review the effect, if any, of this subsection upon communities in 
the Northern Region. If the Council determines that this section 
adversely affects the communities, the Council may recommend 
to the Secretary of Commerce, and the Secretary may approve, 
such changes to the plan as are necessary to mitigate those adverse 
effects. 
(e) USE CAPS.—
(1) IN GENERAL.—Notwithstanding sections 680.42(b)(ii)(2) 
and 680.7(a)(ii)(7) of title 50, Code of Federal Regulations, 
custom processing arrangements shall not count against any 
use cap for the processing of opilio crab in the Northern Region 
so long as such crab is processed in the Northern Region 
by a shore-based crab processor. 
(2) SHORE-BASED CRAB PROCESSOR DEFINED.—In this para-
graph, the term ‘‘shore-based crab processor’’ means any person