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SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) IN GENERAL.—Section 303(a) (16 U.S.C. 1853(a))
is amended—
(1) striking ‘‘and charter fishing’’ in paragraph
(5) and inserting ‘‘charter fishing, and fish proc-
essing’’;
(2) by inserting ‘‘economic information nec-
essary to meet the requirements of this Act,’’ in para-
graph (5) after ‘‘number of hauls,’’;
(3) by striking ‘‘and’’ after the semicolon in
paragraph (9)(A);
(4) by inserting ‘‘and’’ after the semicolon in
paragraph (9)(B);
(5) by inserting after paragraph (9)(B) the fol-
lowing:
‘‘(C) the safety of human life at sea, includ-
ing whether and to what extent such measures
may affect the safety of participants in the fish-
ery;
(6) by striking ‘‘fishery’’ the first place it ap-
pears in paragraph (13) and inserting ‘‘fishery, in-
cluding its economic impact,’’;
(7) by striking ‘‘and’’ after the semicolon in
paragraph (13);
(8) by striking ‘‘allocate’’ in paragraph (14) and
inserting ‘‘allocate, taking into consideration the eco-
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nomic impact of the harvest restrictions or recovery
benefits on the fishery participants in each sector,’’;
(9) by striking ‘‘fishery.’’ in paragraph (14) and
inserting ‘‘fishery and;’’; and
(10) by adding at the end the following:
‘‘(15) establish a mechanism for specifying an-
nual catch limits in the plan (including a multiyear
plan), implementing regulations, or annual specifica-
tions, at a level such that overfishing does not occur
in the fishery, including measures to ensure account-
ability.’’.
(b) EFFECTIVE DATES; APPLICATION
TO CERTAIN
SPECIES.—The amendment made by subsection (a)(10)—
(1) shall, unless otherwise provided for under an
international agreement in which the United States
participates, take effect—
(A) in fishing year 2010 for fisheries deter-
mined by the Secretary to be subject to over-
fishing; and
(B) in fishing year 2011 for all other fish-
eries; and
(2) shall not apply to a fishery for species that
have a life cycle of approximately 1 year unless the
Secretary has determined the fishery is subject to
overfishing of that species; and
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(3) shall not limit or otherwise affect the require-
ments of section 301(a)(1) or 304(e) of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1851(a)(1) or 1854(e), respectively).
(c) CLARIFICATION OF REBUILDING PROVISION.—Sec-
tion 304(e) (16 U.S.C. 1854(e)) is amended—
(1) by striking ‘‘one year of’’ in paragraph (3)
and inserting ‘‘2 years after’’;
(2) by inserting ‘‘and implement’’ after ‘‘pre-
pare’’ in paragraph (3);
(k) by inserting ‘‘immediately’’ after ‘‘over-
fishing’’ in paragraph (3)(A);
(4) by striking ‘‘ending overfishing and’’ in
paragraph (4)(A); and
(5) by striking ‘‘one-year’’ in paragraph (5) and
inserting ‘‘2-year’’.
(d) EFFECTIVE DATE
FOR SUBSECTION (c).—The
amendments made by subsection (c) shall take effect 30
months after the date of enactment of this Act.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY
PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’ in paragraph
(2);
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(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(B) designate such zones in areas where deep
sea corals are identified under section 408, to protect
deep sea corals from physical damage from fishing
gear or to prevent loss or damage to such fishing gear
from interactions with deep sea corals, after consid-
ering long-term sustainable uses of fishery resources
in such areas; and
‘‘(C) with respect to any closure of an area
under this Act that prohibits all fishing, ensure that
such closure—
‘‘(i) is based on the best scientific informa-
tion available;
‘‘(ii) includes criteria to assess the conserva-
tion benefit of the closed area;
‘‘(iii) establishes a timetable for review of
the closed area’s performance that is consistent
with the purposes of the closed area; and
‘‘(iv) is based on an assessment of the bene-
fits and impacts of the closure, including its size,
in relation to other management measures (ei-
ther alone or in combination with such meas-
ures), including the benefits and impacts of lim-
iting access to: users of the area, overall fishing
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HR 5946 EAS
activity, fishery science, and fishery and marine
conservation;’’;
(3) by striking ‘‘fishery;’’ in paragraph (5) and
inserting ‘‘fishery and take into account the different
circumstances affecting fisheries from different States
and ports, including distances to fishing grounds and
proximity to time and area closures;’’;
(4) by striking paragraph (6) and inserting the
following:
‘‘(6) establish a limited access system for the
fishery in order to achieve optimum yield if, in devel-
oping such system, the Council and the Secretary take
into account—
‘‘(A) present participation in the fishery;
‘‘(B) historical fishing practices in, and de-
pendence on, the fishery;
‘‘(C) the economics of the fishery;
‘‘(D) the capability of fishing vessels used in
the fishery to engage in other fisheries;
‘‘(E) the cultural and social framework rel-
evant to the fishery and any affected fishing
communities;
‘‘(F) the fair and equitable distribution of
access privileges in the fishery; and
‘‘(G) any other relevant considerations;’’;
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(5) by striking ‘‘(other than economic data)’’ in
paragraph (7);
(6) by striking ‘‘and’’ after the semicolon in
paragraph (11); and
(7) by redesignating paragraph (12) as para-
graph (14) and inserting after paragraph (11) the fol-
lowing:
‘‘(12) include management measures in the plan
to conserve target and non-target species and habitats,
considering the variety of ecological factors affecting
fishery populations; and’’.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.)
is amended—
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
‘‘(a) IN GENERAL.—After the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, a Council may submit, and
the Secretary may approve, for a fishery that is managed
under a limited access system, a limited access privilege
program to harvest fish if the program meets the require-
ments of this section.
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‘‘(b) NO CREATION OF RIGHT, TITLE, OR INTEREST.—
Limited access privilege, quota share, or other limited access
system authorization established, implemented, or managed
under this Act—
‘‘(1) shall be considered a permit for the pur-
poses of sections 307, 308, and 309;
‘‘(2) may be revoked, limited, or modified at any
time in accordance with this Act, including revoca-
tion if the system is found to have jeopardized the
sustainability of the stock or the safety of fishermen;
‘‘(3) shall not confer any right of compensation
to the holder of such limited access privilege, quota
share, or other such limited access system authoriza-
tion if it is revoked, limited, or modified;
‘‘(4) shall not create, or be construed to create,
any right, title, or interest in or to any fish before the
fish is harvested by the holder; and
‘‘(5) shall be considered a grant of permission to
the holder of the limited access privilege or quota
share to engage in activities permitted by such lim-
ited access privilege or quota share.
‘‘(c) REQUIREMENTS
FOR LIMITED ACCESS PRIVI-
LEGES.—
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‘‘(1) IN GENERAL.—Any limited access privilege
program to harvest fish submitted by a Council or
approved by the Secretary under this section shall—
‘‘(A) if established in a fishery that is over-
fished or subject to a rebuilding plan, assist in
its rebuilding; and
‘‘(B) if established in a fishery that is deter-
mined by the Secretary or the Council to have
over-capacity, contribute to reducing capacity;
‘‘(C) promote—
‘‘(i) fishing safety; and
‘‘(ii) fishery conservation and manage-
ment; and
‘‘(iii) social and economic benefits;
‘‘(D) prohibit any person other than a
United States citizen, a corporation, partner-
ship, or other entity established under the laws
of the United States or any State, or a perma-
nent resident alien, that meets the eligibility and
participation requirements established in the
program from acquiring a privilege to harvest
fish, including any person that acquires a lim-
ited access privilege solely for the purpose of per-
fecting or realizing on a security interest in such
privilege;
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HR 5946 EAS
‘‘(E) require that all fish harvested under a
limited access privilege program be processed on
vessels of the United States or on United States
soil (including any territory of the United
States);
‘‘(F) specify the goals of the program;
‘‘(G) include provisions for the regular
monitoring and review by the Council and the
Secretary of the operations of the program, in-
cluding determining progress in meeting the
goals of the program and this Act, and any nec-
essary modification of the program to meet those
goals, with a formal and detailed review 5 years
after the implementation of the program and
thereafter to coincide with scheduled Council re-
view of the relevant fishery management plan
(but no less frequently than once every 7 years);
‘‘(H) include an effective system for enforce-
ment, monitoring, and management of the pro-
gram, including the use of observers or electronic
monitoring systems;
‘‘(I) include an appeals process for admin-
istrative review of the Secretary’s decisions re-
garding initial allocation of limited access privi-
leges;
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HR 5946 EAS
‘‘(J) provide for the establishment by the
Secretary, in consultation with appropriate Fed-
eral agencies, for an information collection and
review process to provide any additional infor-
mation needed to determine whether any illegal
acts of anti-competition, anti-trust, price collu-
sion, or price fixing have occurred among re-
gional fishery associations or persons receiving
limited access privileges under the program; and
‘‘(K) provide for the revocation by the Sec-
retary of limited access privileges held by any
person found to have violated the antitrust laws
of the United States.
‘‘(2) WAIVER.—The Secretary may waive the re-
quirement of paragraph (1)(E) if the Secretary deter-
mines that—
‘‘(A) the fishery has historically processed
the fish outside of the United States; and
‘‘(B) the United States has a seafood safety
equivalency agreement with the country where
processing will occur.
‘‘(3) FISHING COMMUNITIES.—
‘‘(A) IN GENERAL.—
‘‘(i) ELIGIBILITY.—To be eligible to
participate in a limited access privilege
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program to harvest fish, a fishing commu-
nity shall—
‘‘(I) be located within the man-
agement area of the relevant Council;
‘‘(II) meet criteria developed by
the relevant Council, approved by the
Secretary, and published in the Fed-
eral Register;
‘‘(III) consist of residents who
conduct commercial or recreational
fishing, processing, or fishery-depend-
ent support businesses within the
Council’s management area; and
‘‘(IV) develop and submit a com-
munity sustainability plan to the
Council and the Secretary that dem-
onstrates how the plan will address the
social and economic development needs
of coastal communities, including those
that have not historically had the re-
sources to participate in the fishery,
for approval based on criteria devel-
oped by the Council that have been ap-
proved by the Secretary and published
in the Federal Register.
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‘‘(ii) 
FAILURE
TO
COMPLY
WITH
PLAN.—The Secretary shall deny or revoke
limited access privileges granted under this
section for any person who fails to comply
with the requirements of the community
sustainability plan. Any limited access
privileges denied or revoked under this sec-
tion may be reallocated to other eligible
members of the fishing community.
‘‘(B) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible commu-
nities under this paragraph, a Council shall
consider—
‘‘(i) traditional fishing or processing
practices in, and dependence on, the fishery;
‘‘(ii) the cultural and social framework
relevant to the fishery;
‘‘(iii) economic barriers to access to
fishery;
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access
privilege programs on harvesters, captains,
crew, processors, and other businesses sub-
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HR 5946 EAS
stantially dependent upon the fishery in the
region or subregion;
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of
the community sustainability plan; and
‘‘(vi) the potential for improving eco-
nomic conditions in remote coastal commu-
nities lacking resources to participate in
harvesting or processing activities in the
fishery.
‘‘(4) REGIONAL FISHERY ASSOCIATIONS.—
‘‘(A) IN GENERAL.—To be eligible to par-
ticipate in a limited access privilege program to
harvest fish, a regional fishery association
shall—
‘‘(i) be located within the management
area of the relevant Council;
‘‘(ii) meet criteria developed by the rel-
evant Council, approved by the Secretary,
and published in the Federal Register;
‘‘(iii) be a voluntary association with
established by-laws and operating proce-
dures;
‘‘(iv) consist of participants in the
fishery who hold quota share that are des-
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ignated for use in the specific region or sub-
region covered by the regional fishery asso-
ciation, 
including 
commercial 
or 
rec-
reational fishing, processing, fishery-de-
pendent support businesses, or fishing com-
munities;
‘‘(v) not be eligible to receive an initial
allocation of a limited access privilege but
may acquire such privileges after the initial
allocation, and may hold the annual fishing
privileges of any limited access privileges it
holds or the annual fishing privileges that
is members contribute; and
‘‘(vi) develop and submit a regional
fishery association plan to the Council and
the Secretary for approval based on criteria
developed by the Council that have been ap-
proved by the Secretary and published in
the Federal Register.
‘‘(B) FAILURE TO COMPLY WITH PLAN.—
The Secretary shall deny or revoke limited access
privileges granted under this section to any per-
son participating in a regional fishery associa-
tion who fails to comply with the requirements
of the regional fishery association plan.
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‘‘(C) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible regional
fishery associations under this paragraph, a
Council shall consider—
‘‘(i) traditional fishing or processing
practices in, and dependence on, the fishery;
‘‘(ii) the cultural and social framework
relevant to the fishery;
‘‘(iii) economic barriers to access to
fishery;
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access
privilege programs on harvesters, captains,
crew, processors, and other businesses sub-
stantially dependent upon the fishery in the
region or subregion;
‘‘(v) the administrative and fiduciary
soundness of the association; and
‘‘(vi) the expected effectiveness, oper-
ational transparency, and equitability of
the fishery association plan.
‘‘(5) ALLOCATION.—In developing a limited ac-
cess privilege program to harvest fish a Council or the
Secretary shall—
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‘‘(A) establish procedures to ensure fair and
equitable initial allocations, including consider-
ation of—
‘‘(i) current and historical harvests;
‘‘(ii) employment in the harvesting
and processing sectors;
‘‘(iii) investments in, and dependence
upon, the fishery; and
‘‘(iv) the current and historical par-
ticipation of fishing communities;
‘‘(B) consider the basic cultural and social
framework of the fishery, especially through—
‘‘(i) the development of policies to pro-
mote the sustained participation of small
owner-operated fishing vessels and fishing
communities that depend on the fisheries,
including regional or port-specific landing
or delivery requirements; and
‘‘(ii) procedures to address concerns
over excessive geographic or other consolida-
tion in the harvesting or processing sectors
of the fishery;
‘‘(C) include measures to assist, when nec-
essary and appropriate, entry-level and small
vessel owner-operators, captains, crew, and fish-
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HR 5946 EAS
ing communities through set-asides of harvesting
allocations, including providing privileges, which
may include set-asides or allocations of har-
vesting privileges, or economic assistance in the
purchase of limited access privileges;
‘‘(D) ensure that limited access privilege
holders do not acquire an excessive share of the
total limited access privileges in the program
by—
‘‘(i) establishing a maximum share, ex-
pressed as a percentage of the total limited
access privileges, that a limited access privi-
lege holder is permitted to hold, acquire, or
use; and
‘‘(ii) establishing any other limitations
or measures necessary to prevent an inequi-
table concentration of limited access privi-
leges; and
‘‘(E) authorize limited access privileges to
harvest fish to be held, acquired, used by, or
issued under the system to persons who substan-
tially participate in the fishery, including in a
specific sector of such fishery, as specified by the
Council.
‘‘(6) PROGRAM INITIATION.—
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‘‘(A) LIMITATION.—Except as provided in
subparagraph (D), a Council may initiate a
fishery management plan or amendment to es-
tablish a limited access privilege program to
harvest fish on its own initiative or if the Sec-
retary has certified an appropriate petition.
‘‘(B) PETITION.—A group of fishermen con-
stituting more than 50 percent of the permit
holders, or holding more than 50 percent of the
allocation, in the fishery for which a limited ac-
cess privilege program to harvest fish is sought,
may submit a petition to the Secretary request-
ing that the relevant Council or Councils with
authority over the fishery be authorized to ini-
tiate the development of the program. Any such
petition shall clearly state the fishery to which
the limited access privilege program would
apply. For multispecies permits in the Gulf of
Mexico, only those participants who have sub-
stantially fished the species proposed to be in-
cluded in the limited access program shall be eli-
gible to sign a petition for such a program and
shall serve as the basis for determining the per-
centage described in the first sentence of this sub-
paragraph.
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HR 5946 EAS
‘‘(C) 
CERTIFICATION
BY
SECRETARY.—
Upon the receipt of any such petition, the Sec-
retary shall review all of the signatures on the
petition and, if the Secretary determines that the
signatures on the petition represent more than
50 percent of the permit holders, or holders of
more than 50 percent of the allocation in the
fishery, as described by subparagraph (B), the
Secretary shall certify the petition to the appro-
priate Council or Councils.
‘‘(D) NEW
ENGLAND
AND
GULF
REF-
ERENDUM.—
‘‘(i) Except as provided in clause (iii)
for the Gulf of Mexico commercial red snap-
per fishery, the New England and Gulf
Councils may not submit, and the Secretary
may not approve or implement, a fishery
management plan or amendment that cre-
ates an individual fishing quota program,
including a Secretarial plan, unless such a
system, as ultimately developed, has been
approved by more than 2⁄3 of those voting in
a referendum among eligible permit holders,
or other persons described in clause (v),
with respect to the New England Council,
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HR 5946 EAS
and by a majority of those voting in the ref-
erendum among eligible permit holders with
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
individual 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 referendum.
‘‘(ii) The Secretary shall conduct a ref-
erendum under this subparagraph, includ-
ing notifying all persons eligible to partici-
pate in the referendum and making avail-
able to them information concerning the
schedule, procedures, and eligibility require-
ments for the referendum process and the
proposed individual fishing quota program.
Within 1 year after the date of enactment
of the Magnuson-Stevens Fishery Conserva-
tion and Management Reauthorization Act
of 2006, the Secretary shall publish guide-
lines and procedures to determine proce-
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HR 5946 EAS
dures 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 sub-
paragraph for an individual 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 Pa-
perwork Reduction Act) does not apply to
the referenda conducted under this subpara-
graph.
‘‘(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 mem-
bers who derive a significant percentage of
their total income from the fishery under
the proposed program are eligible to vote in
the referendum.
‘‘(vi) In this subparagraph, the term
‘individual fishing quota’ does not include a
sector allocation.
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HR 5946 EAS
‘‘(7) TRANSFERABILITY.—In establishing a lim-
ited access privilege program, a Council shall—
‘‘(A) establish a policy and criteria for the
transferability 
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 su-
persede 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
Commission Act to the extent that such section 5 ap-
plies to unfair methods of competition.
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HR 5946 EAS
‘‘(d) AUCTION
AND OTHER PROGRAMS.—In estab-
lishing a limited access privilege program, a Council shall
consider, and may provide, if appropriate, an auction sys-
tem or other program to collect royalties for the initial, or
any subsequent, distribution of allocations in a limited ac-
cess 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 require-
ments 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 appro-
priations.
‘‘(e) COST RECOVERY.—In establishing a limited ac-
cess 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 di-
rectly related to and in support of the program; and
‘‘(2) provide, under section 304(d)(2), for a pro-
gram of fees paid by limited access privilege holders
that will cover the costs of management, data collec-
tion and analysis, and enforcement activities.
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‘‘(f) CHARACTERISTICS.—A limited access privilege es-
tablished after the date of enactment of the Magnuson-Ste-
vens Fishery Conservation and Management Reauthoriza-
tion 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 pe-
riod, 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 per-
mit, which may include conservation requirements es-
tablished 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 pro-
hibited by section 307 of this Act; and
‘‘(4) may be acquired, or reacquired, by partici-
pants in the program under a mechanism established
by the Council if it has been revoked, limited, or
modified under paragraph (2) or (3).
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‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PUR-
CHASE PROGRAM.—
‘‘(1) IN GENERAL.—A Council may submit, and
the Secretary may approve and implement, a pro-
gram which reserves up to 25 percent of any fees col-
lected 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 privi-
leges in that fishery by fishermen who fish from
small vessels; and
‘‘(B) the first-time purchase of limited ac-
cess privileges in that fishery by entry level fish-
ermen.
‘‘(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 Man-
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HR 5946 EAS
agement 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 Fish-
ery Conservation and Management Reauthorization Act of
2006.
‘‘(i) TRANSITION RULES.—
‘‘(1) IN GENERAL.—The requirements of this sec-
tion 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 Magnu-
son-Stevens Fishery Conservation and Management
Reauthorization 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 subsection (c)(1)(G) of this section not
later than 5 years after the program implemen-
tation; and
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‘‘(C) nothing in this subsection precludes a
Council from incorporating criteria contained in
this section into any such plans.
‘‘(2) PACIFIC GROUNDFISH PROPOSALS.—The re-
quirements of this section, other than subparagraphs
(A) and (B) of subsection (c)(1) and subparagraphs
(A), (B), and (C) of paragraph (1) of this subsection,
shall not apply to any proposal authorized under sec-
tion 302(f) of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of
2006 that is submitted within the timeframe pre-
scribed 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 PROC-
ESSING 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 investment in seafood processing
facilities in the United States for fisheries that lack capac-
ity needed to process fish harvested by United States vessels
in compliance with the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.).
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(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 in-
serting ‘‘section 305(h)(5)(B).’’.
(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 con-
sultation with the Councils and the Council on Envi-
ronmental Quality, revise and update agency proce-
dures for compliance with the National Environ-
mental Policy Act (42 U.S.C. 4231 et seq.). The pro-
cedures 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 an-
alytical procedures, including the time frames
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for public input, with the procedure for the prep-
aration and dissemination of fishery manage-
ment 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 in-
volve 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 environ-
mental impact assessment procedure for fishery man-
agement plans, amendments, regulations, or other ac-
tions 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 Magnu-
son-Stevens Fishery Conservation and Manage-
ment 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.
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‘‘(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 re-
vised procedures, including workshops or other appro-
priate means of public involvement.’’.
SEC. 108. EMERGENCY REGULATIONS.
(a) LENGTHENING
OF
SECOND
EMERGENCY
PE-
RIOD.—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 in-
terim measures’’ after ‘‘emergency regulations’’.
SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMU-
NITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding
at the end thereof the following:
‘‘(j) WESTERN PACIFIC AND NORTHERN PACIFIC RE-
GIONAL MARINE EDUCATION AND TRAINING.—
‘‘(1) IN GENERAL.—The Secretary shall establish
a pilot program for regionally-based marine edu-
cation and training programs in the Western Pacific
and the Northern Pacific to foster understanding,
practical use of knowledge (including native Hawai-
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ian, Alaskan Native, and other Pacific Islander-based
knowledge), and technical expertise relevant to stew-
ardship of living marine resources. The Secretary
shall, in cooperation with the Western Pacific and the
North Pacific Regional Fishery Management Coun-
cils, regional educational institutions, and local West-
ern Pacific and Northern Pacific community training
entities, establish programs or projects that will im-
prove communication, education, and training on
marine resource issues throughout the region and in-
crease scientific education for marine-related profes-
sions among coastal community residents, including
indigenous Pacific islanders, Native Hawaiians, Alas-
kan Natives, and other underrepresented groups in
the region.
‘‘(2) PROGRAM
COMPONENTS.—The program
shall—
‘‘(A) include marine science and technology
education and training programs focused on pre-
paring community residents for employment in
marine related professions, including marine re-
source conservation and management, marine
science, marine technology, and maritime oper-
ations;
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‘‘(B) include fisheries and seafood-related
training programs, including programs for fish-
ery observers, seafood safety and seafood mar-
keting, focused on increasing the involvement of
coastal community residents in fishing, fishery
management, and seafood-related operations;
‘‘(C) include outreach programs and mate-
rials to educate and inform consumers about the
quality and sustainability of wild fish or fish
products farmed through responsible aquaculture,
particularly in Hawaii, Alaska, the Western Pa-
cific, the Northern Pacific, and the Central Pa-
cific;
‘‘(D) include programs to identify, with the
fishing industry, methods and technologies that
will improve the data collection, quality, and re-
porting and increase the sustainability of fishing
practices, and to transfer such methods and tech-
nologies among fisheries sectors and to other na-
tions in the Western, Northern, and Central Pa-
cific;
‘‘(E) develop means by which local and tra-
ditional knowledge (including Pacific islander,
Native Hawaiian, and Alaskan Native knowl-
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edge) can enhance science-based management of
fishery resources of the region; and
‘‘(F) develop partnerships with other West-
ern Pacific Island and Alaskan agencies, aca-
demic institutions, and other entities to meet the
purposes of this section.’’.
SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH
FISHING.
Section 305 (16 U.S.C. 1855), as amended by section
109 of this Act, is further amended by adding at the end
thereof the following:
‘‘(k) MULTISPECIES GROUNDFISH.—
‘‘(1) IN
GENERAL.—Within 60 days after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act
of 2006, the Secretary of Commerce shall determine
whether fishing in State waters—
‘‘(A) without a New England multispecies
groundfish fishery permit on regulated species
within the multispecies complex is not consistent
with the applicable Federal fishery management
plan; or
‘‘(B) without a Federal bottomfish and sea-
mount groundfish permit in the Hawaiian ar-
chipelago on regulated species within the com-
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plex is not consistent with the applicable Federal
fishery management plan or State data are not
sufficient to make such a determination..
‘‘(2) CURE.—If the Secretary makes a deter-
mination that such actions are not consistent with the
plan, the Secretary shall, in consultation with the
Council, and after notifying the affected State, de-
velop and implement measures to cure the inconsist-
ency pursuant to section 306(b).’’.
SEC. 111. JOINT ENFORCEMENT AGREEMENTS.
(a) IN GENERAL.—Section 311 (16 U.S.C. 1861) is
amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
section (b)(1)(A)(iv);
(2) by inserting ‘‘and’’ after the semicolon in
subsection (b)(1)(A)(v);
(3) by inserting after clause (v) of subsection
(b)(1)(A) the following:
‘‘(vi) access, directly or indirectly, for
enforcement purposes any data or informa-
tion required to be provided under this title
or regulations under this title, including
data from vessel monitoring systems, sat-
ellite-based maritime distress and safety
systems, or any similar system, subject to
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the confidentiality provisions of section
402;’’;
(4) by redesignating subsection (h) as subsection
(j); and
(5) by inserting after subsection (g) the fol-
lowing:
‘‘(h) JOINT ENFORCEMENT AGREEMENTS.—
‘‘(1) IN GENERAL.—The Governor of an eligible
State may apply to the Secretary for execution of a
joint enforcement agreement with the Secretary that
will authorize the deputization and funding of State
law enforcement officers with marine law enforcement
responsibilities to perform duties of the Secretary re-
lating to law enforcement provisions under this title
or any other marine resource law enforced by the Sec-
retary. Upon receiving an application meeting the re-
quirements of this subsection, the Secretary may enter
into a joint enforcement agreement with the request-
ing State.
‘‘(2) ELIGIBLE STATE.—A State is eligible to
participate in the cooperative enforcement agreements
under this section if it is in, or bordering on, the At-
lantic Ocean (including the Caribbean Sea), the Pa-
cific Ocean, the Arctic Ocean, the Gulf of Mexico,
Long Island Sound, or 1 or more of the Great Lakes.
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‘‘(3) REQUIREMENTS.—Joint enforcement agree-
ments executed under paragraph (1)—
‘‘(A) shall be consistent with the purposes
and intent of this section to the extent applicable
to the regulated activities;
‘‘(B) may include specifications for joint
management responsibilities as provided by the
first section of Public Law 91–412 (15 U.S.C.
1525); and
‘‘(C) shall provide for confidentiality of
data and information submitted to the State
under section 402.
‘‘(4) ALLOCATION
OF
FUNDS.—The Secretary
shall include in each joint enforcement agreement an
allocation of funds to assist in management of the
agreement. The allocation shall be fairly distributed
among all eligible States participating in cooperative
enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement
needs, the specific marine conservation enforcement
needs of each participating eligible State, and the ca-
pacity of the State to undertake the marine enforce-
ment mission and assist with enforcement needs. The
agreement may provide for amounts to be withheld by
the Secretary for the cost of any technical or other as-
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sistance provided to the State by the Secretary under
the agreement.
‘‘(i) IMPROVED DATA SHARING.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act, as soon as practicable but no
later than 21 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Sec-
retary shall implement data-sharing measures to
make any data required to be provided by this Act
from satellite-based maritime distress and safety sys-
tems, vessel monitoring systems, or similar systems—
‘‘(A) directly accessible by State enforce-
ment officers authorized under subsection (a) of
this section; and
‘‘(B) available to a State management agen-
cy involved in, or affected by, management of a
fishery if the State has entered into an agree-
ment 
with 
the 
Secretary 
under 
section
402(b)(1)(B) of this Act.
‘‘(2) AGREEMENT
REQUIRED.—The Secretary
shall promptly enter into an agreement with a State
under section 402(b)(1)(B) of this Act if—
‘‘(A) the Attorney General or highest rank-
ing legal officer of the State provides a written
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opinion or certification that State law allows the
State to maintain the confidentiality of informa-
tion required by Federal law to be kept confiden-
tial; or
‘‘(B) the Secretary is provided other reason-
able assurance that the State can and will pro-
tect the identity or business of any person to
which such information relates.’’.
(b) REPORT.—Within 15 months after the date of en-
actment of this Act, the National Marine Fisheries Service
and the United States Coast Guard shall transmit a joint
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Com-
mittee on Resources containing—
(1) a cost-to-benefit analysis of the feasibility,
value, and cost of using vessel monitoring systems,
satellite-based maritime distress and safety systems,
or similar systems for fishery management, conserva-
tion, enforcement, and safety purposes with the Fed-
eral government bearing the capital costs of any such
system;
(2) an examination of the cumulative impact of
existing requirements for commercial vessels;
(3) an examination of whether satellite-based
maritime distress and safety systems, or similar re-
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quirements would overlap existing requirements or
render them redundant;
(4) an examination of how data integration from
such systems could be addressed;
(5) an examination of how to maximize the
data-sharing opportunities between relevant State
and Federal agencies and provide specific informa-
tion on how to develop these opportunities, including
the provision of direct access to satellite-based mari-
time distress and safety system or similar system
data to State enforcement officers, while considering
the need to maintain or provide an appropriate level
of individual vessel confidentiality where practicable;
and
(6) an assessment of how the satellite-based mar-
itime distress and safety system or similar systems
could be developed, purchased, and distributed to reg-
ulated vessels.
SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.
(a) IN GENERAL.—Section 312 (16 U.S.C. 1861a) is
amended—
(1) by striking ‘‘measures;’’ in subsection
(a)(1)(B) and inserting ‘‘measures, including regu-
latory restrictions (including those imposed as a re-
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sult of judicial action) imposed to protect human
health or the marine environment;’’;
(2) by striking ‘‘1996, 1997, 1998, and 1999.’’ in
subsection (a)(4) and inserting ‘‘2007 through 2013.’’;
(3) by striking ‘‘or the Governor of a State for
fisheries under State authority, may conduct a fish-
ing’’ in subsection (b)(1) and inserting ‘‘the Governor
of a State for fisheries under State authority, or a
majority of permit holders in the fishery, may con-
duct a voluntary fishing’’;
(4) by inserting ‘‘practicable’’ after ‘‘entrants,’’
in subsection (b)(1)(B)((i);
(5) by striking ‘‘cost-effective and’’ in subsection
(b)(1)(C) and inserting ‘‘cost-effective and, in the in-
stance of a program involving an industry fee system,
prospectively’’;
(6) by striking subparagraph (A) of subsection
(b)(2) and inserting the following:
‘‘(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the fish-
ery is surrendered for permanent revocation and the
vessel owner and permit holder relinquish any claim
associated with the vessel or permit that could qualify
such owner or holder for any present or future limited
access system permit in the fishery for which the pro-
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gram is established or in any other fishery and such
vessel is (i) scrapped, or (ii) through the Secretary of
the department in which the Coast Guard is oper-
ating, subjected to title restrictions (including loss of
the vessel’s fisheries endorsement) that permanently
prohibit and effectively prevent its use in fishing in
federal or state waters, or fishing on the high seas or
in the waters of a foreign nation; or’’;
(7) by striking ‘‘The Secretary shall consult, as
appropriate, with Councils,’’ in subsection (b)(4) and
inserting ‘‘The harvester proponents of each program
and the Secretary shall consult, as appropriate and
practicable, with Councils,’’;
(8) by adding at the end of subsection (b) the fol-
lowing:
‘‘(5) PAYMENT CONDITION.—The Secretary may not
make a payment under paragraph (2) with respect to a
vessel that will not be scrapped unless the Secretary certifies
that the vessel will not be used for fishing in the waters
of a foreign nation or fishing on the high seas.
‘‘(6) REPORT.—
‘‘(A) IN GENERAL.—Subject to the availability of
funds, the Secretary shall, within 12 months after the
date of the enactment of the Magnuson-Stevens Fish-
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ery Conservation and Management Reauthorization
Act of 2006 submit to the Congress a report—
‘‘(i) identifying and describing the 20 fish-
eries in United States waters with the most se-
vere examples of excess harvesting capacity in
the fisheries, based on value of each fishery and
the amount of excess harvesting capacity as de-
termined by the Secretary;
‘‘(ii) recommending measures for reducing
such excess harvesting capacity, including the re-
tirement of any latent fishing permits that could
contribute to further excess harvesting capacity
in those fisheries; and
‘‘(iii) potential sources of funding for such
measures.
‘‘(B) BASIS FOR RECOMMENDATIONS.—The Sec-
retary shall base the recommendations made with re-
spect to a fishery on—
‘‘(i) the most cost effective means of achiev-
ing voluntary reduction in capacity for the fish-
ery using the potential for industry financing;
and
‘‘(ii) including measures to prevent the ca-
pacity that is being removed from the fishery
from moving to other fisheries in the United
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States, in the waters of a foreign nation, or on
the high seas.’’;
(9) by striking ‘‘Secretary, at the request of the
appropriate Council,’’ in subsection (d)(1)(A) and in-
serting ‘‘Secretary’’;
(10) by striking ‘‘Secretary, in consultation with
the Council,’’ in subsection (d)(1)(A) and inserting
‘‘Secretary’’;
(11) by striking ‘‘a two-thirds majority of the
participants voting.’’ in subsection (d)(1)(B) and in-
serting ‘‘at least a majority of the permit holders in
the fishery, or 50 percent of the permitted allocation
of the fishery, who participated in the fishery.’’;
(12) by striking ‘‘establish;’’ in subsection
(d)(2)((C) and inserting ‘‘establish, unless the Sec-
retary determines that such fees should be collected
from the seller;’’ and
(13) striking subsection (e) and inserting the fol-
lowing:
‘‘(e) IMPLEMENTATION PLAN.—
‘‘(1) FRAMEWORK REGULATIONS.—The Secretary
shall propose and adopt framework regulations appli-
cable to the implementation of all programs under
this section.
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‘‘(2) PROGRAM
REGULATIONS.—The Secretary
shall implement each program under this section by
promulgating regulations that, together with the
framework regulations, establish each program and
control its implementation.
‘‘(3) HARVESTER
PROPONENTS’ IMPLEMENTA-
TION PLAN.—The Secretary may not propose imple-
mentation regulations for a program to be paid for
by an industry fee system until the harvester pro-
ponents of the program provide to the Secretary a
proposed implementation plan that, among other
matters—
‘‘(A) proposes the types and numbers of ves-
sels or permits that are eligible to participate in
the program and the manner in which the pro-
gram shall proceed, taking into account—
‘‘(i) the requirements of this section;
‘‘(ii) the requirements of the framework
regulations;
‘‘(iii) the characteristics of the fishery
and affected fishing communities;
‘‘(iv) the requirements of the applicable
fishery management plan and any amend-
ment that such plan may require to support
the proposed program;
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‘‘(v) the general needs and desires of
harvesters in the fishery;
‘‘(vi) the need to minimize program
costs; and
‘‘(vii) other matters, including the
manner in which such proponents propose
to fund the program to ensure its cost effec-
tiveness, as well as any relevant factors
demonstrating the potential for, or nec-
essary to obtain, the support and general
cooperation of a substantial number of af-
fected harvesters in the fishery (or portion
of the fishery) for which the program is in-
tended; and
‘‘(B) proposes procedures for program par-
ticipation (such as submission of owner bids
under an auction system or fair market-value as-
sessment), including any terms and conditions
for participation, that the harvester proponents
deem to be reasonably necessary to meet the pro-
gram’s proposed objectives.
‘‘(4) PARTICIPATION CONTRACTS.—The Secretary
shall contract with each person participating in a
program, and each such contract shall, in addition to
including such other matters as the Secretary deems
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necessary and appropriate to effectively implement
each program (including penalties for contract non-
performance) be consistent with the framework and
implementing regulations and all other applicable
law.
‘‘(5) REDUCTION AUCTIONS.—Each program not
involving fair market assessment shall involve a re-
duction auction that scores the reduction price of each
bid offer by the data relevant to each bidder under an
appropriate fisheries productivity factor. If the Sec-
retary accepts bids, the Secretary shall accept respon-
sive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest per-
centage of the productivity factor, and successively ac-
cepting each additional responsive bid in rank order
until either there are no more responsive bids or ac-
ceptance of the next bid would cause the total value
of bids accepted to exceed the amount of funds avail-
able for the program.
‘‘(6) BID
INVITATIONS.—Each program shall
proceed by the Secretary issuing invitations to bid
setting out the terms and conditions for participation
consistent with the framework and implementing reg-
ulations. Each bid that the Secretary receives in re-
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sponse to the invitation to bid shall constitute an ir-
revocable offer from the bidder.’’.
(b) TECHNICAL AMENDMENT.—Sections 116, 203, 204,
205, and 206 of the Sustainable Fisheries Act are deemed
to have added sections 312, 402, 403, 404, and 405, respec-
tively to the Act as of the date of enactment of the Sustain-
able Fisheries Act.
SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE,
TRANSITION, AND RECOVERY PROGRAM.
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.)
is amended by adding at the end the following:
‘‘SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE,
TRANSITION, AND RECOVERY PROGRAM.
‘‘(a) IN GENERAL.—When there is a catastrophic re-
gional fishery disaster the Secretary may, upon the request
of, and in consultation with, the Governors of affected
States, establish a regional economic transition program to
provide immediate disaster relief assistance to the fisher-
men, charter fishing operators, United States fish proc-
essors, and owners of related fishery infrastructure affected
by the disaster.
‘‘(b) PROGRAM COMPONENTS.—
‘‘(1) IN GENERAL.—Subject to the availability of
appropriations, the program shall provide funds or
other economic assistance to affected entities, or to
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governmental entities for disbursement to affected en-
tities, for—
‘‘(A) meeting immediate regional shoreside
fishery infrastructure needs, including processing
facilities, cold storage facilities, ice houses, docks,
including temporary docks and storage facilities,
and other related shoreside fishery support facili-
ties and infrastructure while ensuring that those
projects will not result in an increase or replace-
ment of fishing capacity;
‘‘(B) financial assistance and job training
assistance for fishermen who wish to remain in
a fishery in the region that may be temporarily
closed as a result of environmental or other ef-
fects associated with the disaster;
‘‘(C) funding, pursuant to the requirements
of section 312(b), to fishermen who are willing to
scrap a fishing vessel and permanently surrender
permits for fisheries named on that vessel; and
‘‘(D) any other activities authorized under
section 312 of this Act or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(d)).
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‘‘(2) JOB TRAINING.—Any fisherman who decides
to scrap a fishing vessel under the program shall be
eligible for job training assistance.
‘‘(3) STATE
PARTICIPATION
OBLIGATION.—The
participation by a State in the program shall be con-
ditioned upon a commitment by the appropriate
State entity to ensure that the relevant State fishery
meets the requirements of section 312(b) of this Act to
ensure excess capacity does not re-enter the fishery.
‘‘(4) NO MATCHING REQUIRED.—The Secretary
may waive the matching requirements of section 312
of this Act, section 308 of the Interjurisdictional Fish-
eries Act of 1986 (16 U.S.C. 4107), and any other
provision of law under which the Federal share of the
cost of any activity is limited to less than 100 percent
if the Secretary determines that—
‘‘(A) no reasonable means are available
through which applicants can meet the matching
requirement; and
‘‘(B) the probable benefit of 100 percent
Federal financing outweighs the public interest
in imposition of the matching requirement.
‘‘(5) NET REVENUE LIMIT INAPPLICABLE.—Sec-
tion 308(d)(3) of the Interjurisdictional Fisheries Act
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(16 U.S.C. 4107(d)(3)) shall not apply to assistance
under this section.
‘‘(c) REGIONAL
IMPACT
EVALUATION.—Within 2
months after a catastrophic regional fishery disaster the
Secretary shall provide the Governor of each State partici-
pating in the program a comprehensive economic and socio-
economic evaluation of the affected region’s fisheries to as-
sist the Governor in assessing the current and future eco-
nomic viability of affected fisheries, including the economic
impact of foreign fish imports and the direct, indirect, or
environmental impact of the disaster on the fishery and
coastal communities.
‘‘(c) CATASTROPHIC REGIONAL FISHERY DISASTER
DEFINED.—In this section the term ‘catastrophic regional
fishery disaster’ means a natural disaster, including a hur-
ricane or tsunami, or a regulatory closure (including regu-
latory closures resulting from judicial action) to protect
human health or the marine environment, that—
‘‘(1) results in economic losses to coastal or fish-
ing communities;
‘‘(2) affects more than 1 State or a major fishery
managed by a Council or interstate fishery commis-
sion; and
‘‘(3) is determined by the Secretary to be a com-
mercial fishery failure under section 312(a) of this
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Act or a fishery resource disaster or section 308(d) of
the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(d)).’’.
(b) SALMON PLAN AND STUDY.—
(1) RECOVERY PLAN.—Not later than 6 months
after the date of enactment of this Act, the Secretary
of Commerce shall complete a recovery plan for Klam-
ath River Coho salmon and make it available to the
public.
(2) ANNUAL REPORT.—Not later than 2 years
after the date of enactment of this Act, and annually
thereafter, the Secretary of Commerce shall submit a
report to the Senate Committee on Commerce,
Science, and Transportation and the House of Rep-
resentatives Committee on Resources on—
(A) the actions taken under the recovery
plan and other law relating to recovery of Klam-
ath River Coho salmon, and how those actions
are specifically contributing to its recovery;
(B) the progress made on the restoration of
salmon spawning habitat, including water con-
ditions as they relate to salmon health and recov-
ery, with emphasis on the Klamath River and its
tributaries below Iron Gate Dam;
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(C) the status of other Klamath River anad-
romous fish populations, particularly Chinook
salmon; and
(D) the actions taken by the Secretary to
address the calendar year 2003 National Re-
search Council recommendations regarding mon-
itoring and research on Klamath River Basin
salmon stocks.
(c) OREGON AND CALIFORNIA SALMON FISHERY.—
Federally recognized Indian tribes and small businesses, in-
cluding fishermen, fish processors, and related businesses
serving the fishing industry, adversely affected by Federal
closures and fishing restrictions in the Oregon and Cali-
fornia 2006 fall Chinook salmon fishery are eligible to re-
ceive direct assistance under section 312(a) of the Magnu-
son-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(a)) and section 308(d) of the Interjurisdic-
tional Fisheries Act of 1986 (16 U.S.C. 4107(d)). The Sec-
retary may use no more than 4 percent of any monetary
assistance to pay for administrative costs.
SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSIST-
ANCE.
(a) LOAN ASSISTANCE.—Subject to availability of ap-
propriations, the Secretary of Commerce shall provide as-
sistance to eligible holders of fishery finance program loans
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and allocate such assistance among eligible holders based
upon their outstanding principal balances as of December
2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for
1 year and re-amortize the debt over the remaining
term of the loan.
(2) To allow for an extension of the term of the
loan for up to 1 year beyond the remaining term of
the loan, or September 30, 2013, whichever is later.
(3) To pay the interest costs for such loans over
fiscal years 2007 through 2013, not to exceed amounts
authorized under subsection (d).
(4) To provide opportunities for loan forgiveness,
as specified in subsection (c).
(b) LOAN FORGIVENESS.—Upon application made by
an eligible holder of a fishery finance program loan, made
at such time, in such manner, and containing such infor-
mation as the Secretary may require, the Secretary, on a
calendar year basis beginning in 2005, may, with respect
to uninsured losses—
(1) offset against the outstanding balance on the
loan an amount equal to the sum of the amounts ex-
pended by the holder during the calendar year to re-
pair or replace covered vessels or facilities, or to in-
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vest in new fisheries infrastructure within or for use
within the declared fisheries disaster area; or
(2) cancel the amount of debt equal to 100 hun-
dred percent of actual expenditures on eligible re-
pairs, reinvestment, expansion, or new investment in
fisheries infrastructure in the disaster region, or re-
pairs to, or replacement of, eligible fishing vessels.
(c) DEFINITIONS.—In this section:
(1) DECLARED FISHERIES DISASTER AREA.—The
term ‘‘declared fisheries disaster area’’ means fisheries
located in the major disaster area designated by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) as a result of Hurricane Katrina or Hurricane
Rita.
(2) ELIGIBLE HOLDER.—The term ‘‘eligible hold-
er’’ means the holder of a fishery finance program
loan if—
(A) that loan is used to guarantee or fi-
nance any fishing vessel or fish processing facil-
ity home-ported or located within the declared
fisheries disaster area; and
(B) the holder makes expenditures to repair
or replace such covered vessels or facilities, or in-
vests in new fisheries infrastructure within or for
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use within the declared fisheries disaster area, to
restore such facilities following the disaster.
(3) FISHERY
FINANCE
PROGRAM
LOAN.—The
term ‘‘fishery finance program loan’’ means a loan
made or guaranteed under the fishery finance pro-
gram under chapter 537 of title 46, United States
Code.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Commerce
for the purposes of this section not more than $15,000,000
for each eligible holder for the period beginning with fiscal
year 2007 through fiscal year 2013.
SEC. 115. FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) IN GENERAL.—The Secretary of Commerce shall
establish an assistance program for the Gulf of Mexico com-
mercial and recreational fishing industry.
(b) ALLOCATION OF FUNDS.—Under the program, the
Secretary shall allocate funds appropriated to carry out the
program among the States of Alabama, Louisiana, Florida,
Mississippi, and Texas in proportion to the percentage of
the fishery (including crawfish) catch landed by each State
before August 29, 2005, except that the amount allocated
to Florida shall be based exclusively on the proportion of
such catch landed by the Florida Gulf Coast fishery.
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(c) USE OF FUNDS.—Of the amounts made available
to each State under the program—
(1) 2 percent shall be retained by the State to be
used for the distribution of additional payments to
fishermen with a demonstrated record of compliance
with turtle excluder and bycatch reduction device reg-
ulations; and
(2) the remainder of the amounts shall be used
for—
(A) personal assistance, with priority given
to food, energy needs, housing assistance, trans-
portation fuel, and other urgent needs;
(B) assistance for small businesses, includ-
ing fishermen, fish processors, and related busi-
nesses serving the fishing industry;
(C) domestic product marketing and seafood
promotion;
(D) State seafood testing programs;
(E) the development of limited entry pro-
grams for the fishery;
(F) funding or other incentives to ensure
widespread and proper use of turtle excluder de-
vices and bycatch reduction devices in the fish-
ery; and
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(G) voluntary capacity reduction programs
for shrimp fisheries under limited access pro-
grams.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Commerce
$17,500,000 for each of fiscal years 2007 through 2012 to
carry out this section.
SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.),
as amended by section 113 of this Act, is further amended
by adding at the end the following:
‘‘SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.
‘‘(a) 
BYCATCH
REDUCTION
ENGINEERING
PRO-
GRAM.—Not later than 1 year after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Man-
agement Reauthorization Act of 2006, the Secretary, in co-
operation with the Councils and other affected interests, and
based upon the best scientific information available, shall
establish a bycatch reduction program, including grants, to
develop technological devices and other conservation engi-
neering changes designed to minimize bycatch, seabird
interactions, bycatch mortality, and post-release mortality
in Federally managed fisheries. The program shall—
‘‘(1) be regionally based;
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‘‘(2) be coordinated with projects conducted
under the cooperative research and management pro-
gram established under this Act;
‘‘(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
‘‘(4) provide for routine consultation with the
Councils in order to maximize opportunities to incor-
porate results of the program in Council actions and
provide incentives for adoption of methods developed
under the program in fishery management plans de-
veloped by the Councils.
‘‘(b) INCENTIVES.—Any fishery management plan pre-
pared by a Council or by the Secretary may establish a
system of incentives to reduce total bycatch and seabird
interactions, amounts, bycatch rates, and post-release mor-
tality in fisheries under the Council’s or Secretary’s juris-
diction, including—
‘‘(1) measures to incorporate bycatch into quotas,
including the establishment of collective or individual
bycatch quotas;
‘‘(2) measures to promote the use of gear with
verifiable and monitored low bycatch and seabird
interactions, rates; and
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‘‘(3) measures that, based on the best scientific
information available, will reduce bycatch and
seabird interactions, bycatch mortality, post-release
mortality, or regulatory discards in the fishery.
‘‘(c) COORDINATION ON SEABIRD INTERACTIONS.—The
Secretary, in coordination with the Secretary of Interior,
is authorized to undertake projects in cooperation with in-
dustry to improve information and technology to reduce
seabird bycatch, including—
‘‘(1) outreach to industry on new technologies
and methods;
‘‘(2) projects to mitigate for seabird mortality;
and
‘‘(3) actions at appropriate international fishery
organizations to reduce seabird interactions in fish-
eries.
‘‘(d) REPORT.—The Secretary shall transmit an an-
nual report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Com-
mittee on Resources that—
‘‘(1) describes funding provided to implement
this section;
‘‘(2) describes developments in gear technology
achieved under this section; and
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‘‘(3) describes improvements and reduction in
bycatch and seabird interactions associated with im-
plementing this section, as well as proposals to ad-
dress remaining bycatch or seabird interaction prob-
lems.’’.
(b) CDQ BYCATCH LIMITATIONS.—
(1) IN
GENERAL.—Section 305(i) (16 U.S.C.
1855(i)) is amended—
(A) by striking ‘‘directed fishing allocation’’
and all that follows in paragraph (1)(B)(ii)(I),
and inserting ‘‘total allocation (directed and
nontarget combined) of 10.7 percent effective
January 1, 2008; and’’;
(B) by striking ‘‘directed fishing allocation
of 10 percent.’’ in paragraph (1)(B)(ii)(II) and
inserting ‘‘total allocation (directed and nontar-
get combined) of 10.7 percent.’’;
(C) by inserting after paragraph (1)(B)(ii)
the following:
‘‘The total allocation (directed and nontar-
get combined) for a fishery to which sub-
clause (I) or (II) applies may not be exceed-
ed.’’; and
(D) by inserting ‘‘Voluntary transfers by
and among eligible entities shall be allowed,
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whether before or after harvesting. Notwith-
standing the first sentence of this subparagraph,
seven-tenths of one percent of the total allowable
catch, guideline harvest level, or other annual
catch limit, within the amount allocated to the
program by subclause (I) or subclause (II) of
subparagraph (B)(ii), shall be allocated among
the eligible entities by the panel established in
subparagraph (G), or allocated by the Secretary
based on the nontarget needs of eligible entities
in the absence of a panel decision.’’ after ‘‘2006.’’
in paragraph (1)(C) .
(2) EFFECTIVE DATE.—The allocation percentage
in subclause (I) of section 305(i)(1)(B)(ii) of the Mag-
nuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by
paragraph (1) of this subsection, shall be in effect in
2007 with respect to any sector of a fishery to which
such subclause applies and in which a fishing cooper-
ative is established in 2007, and such sector’s 2007 al-
location shall be reduced by a pro rata amount to ac-
complish such increased allocation to the program.
For purposes of section 305(i)(1) of that Act and of
this subsection, the term ‘‘fishing cooperative’’ means
a fishing cooperative whether or not authorized by a
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fishery management council or Federal agency, if a
majority of the participants in the sector are partici-
pants in the fishing cooperative.
SEC. 117. COMMUNITY-BASED RESTORATION PROGRAM FOR
FISHERY AND COASTAL HABITATS.
(a) IN GENERAL.—The Secretary of Commerce shall
establish a community-based fishery and coastal habitat
restoration program to implement and support the restora-
tion of fishery and coastal habitats.
(b) AUTHORIZED ACTIVITIES.—In carrying out the
program, the Secretary may—
(1) provide funding and technical expertise to
fishery and coastal communities to assist them in re-
storing fishery and coastal habitat;
(2) advance the science and monitoring of coast-
al habitat restoration;
(3) transfer restoration technologies to the pri-
vate sector, the public, and other governmental agen-
cies;
(4) develop public-private partnerships to accom-
plish sound coastal restoration projects;
(5) promote significant community support and
volunteer participation in fishery and coastal habitat
restoration;
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(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 sub-
paragraph (O);
(2) by striking ‘‘carcass.’’ in subparagraph (P)
and inserting ‘‘carcass;’’; and
(3) by inserting after subparagraph (P) and be-
fore the last sentence the following:
‘‘(Q) to import, export, transport, sell, re-
ceive, acquire, or purchase in interstate or for-
eign commerce any fish taken, possessed, trans-
ported, 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).’’.
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SEC. 119. SHARK FEEDING.
Title III (16 U.S.C. 1851 et seq.), as amended by sec-
tion 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 pro-
gram 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 Exclu-
sive 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 Conserva-
tion and Management 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 fish-
ery and that a mechanism is in place to ensure
overfishing does not occur in the fishery; and
(B) stock biomass levels are increasing;
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(2) the biomass rebuilding target previously ap-
plicable 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 sec-
tion 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 rebuild-
ing.
(b) AUTHORITY.—Nothing in this section shall be con-
strued to amend the Magnuson-Stevens Fishery Conserva-
tion and Management 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 Re-
lated Agencies Appropriations Act, 2005 (Pub. L. 108–447;
118 Stat. 2884) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ after
‘‘SEC. 209.’’;
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(2) by striking ‘‘is authorized to’’ in the first
sentence and inserting ‘‘shall’’;
(3) by striking ‘‘$50,000,000’’ and all that fol-
lows 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 pro-
gram described in subsection (a) shall be conducted
under Alaska law by the Southeast Revitalization As-
sociation.
‘‘(2) TREATMENT UNDER CHAPTER 577 OF TITLE
46.—For purposes of section 57735 of title 46, United
States Code, the program shall be considered to be a
program established under section 312 of the Magnu-
son-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a).
‘‘(3) 
APPLICATION
OF
MAGNUSON-STEVENS
ACT.—Notwithstanding paragraph (2), the program
shall not be subject to section 312 of the Magnuson-
Stevens Fishery Conservation and Management Act
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(16 U.S.C. 1861a), except for subsections (b)(1)(C)
and (d) of that section.
‘‘(c) SOUTHEAST ALASKA FISHERIES PROGRAM AP-
PROVAL AND REFERENDUM.—
‘‘(1) IN GENERAL.—The Secretary of Commerce
may approve a capacity reduction plan submitted by
the Southeast Revitalization Association under sub-
section (b).
‘‘(2) REFERENDUM.—The Secretary shall con-
duct an industry fee system referendum for the
buyback under the program in accordance with sec-
tion 312(d)(1) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861a),
except that—
‘‘(A) no Council request and no consultation
shall be required; and
‘‘(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 indus-
try 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
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under Alaska law for reduction payments. The Secretary
shall thereafter administer the fee system in accordance
with section 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 re-
quirements 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 Sec-
retary of Commerce shall amend the fishery manage-
ment 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 en-
tity through common ownership to combine any
catcher vessel quota shares for the Northern Re-
gion with their processor quota shares and to ex-
change 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
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together with other entities holding catcher vessel
quota shares and affiliated with such eligible en-
tity through common ownership to combine any
processor quota shares for the Northern Region
with their catcher vessel quota shares and to ex-
change 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 combination 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 section 417(a)
of the Coast Guard and Maritime Transpor-
tation Act of 2006 (Public Law 109–241;
120 Stat. 546);
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(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
(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 combination 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 initially 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
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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 cre-
ated 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 cre-
ated catcher/processor owner quota shares under sub-
section (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 ac-
tivities that occurred in a community under the juris-
diction of those local governmental entities.
(2) STATE FEE.—The State of Alaska may col-
lect from the holder of the newly created catcher/proc-
essor 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 commu-
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nities receiving the local governmental entities fee revenue
set forth in subsection (b)(1).
(d) PERIODIC COUNCIL REVIEW.—As part of its peri-
odic review of the plan, the North Pacific Fishery Manage-
ment Council may review the effect, if any, of this sub-
section 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 arrange-
ments 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 paragraph, the term ‘‘shore-based crab proc-
essor’’ means any person or vessel that receives, pur-
chases, or arranges to purchase unprocessed crab, that
is located on shore or moored within the harbor.
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TITLE II—INFORMATION AND
RESEARCH
SEC. 201. RECREATIONAL FISHERIES INFORMATION.
Section 401 (16 U.S.C. 1881) is amended by striking
subsection (g) and inserting the following:
‘‘(g) RECREATIONAL FISHERIES.—
‘‘(1) FEDERAL PROGRAM.—The Secretary shall
establish and implement a regionally based registry
program for recreational fishermen in each of the 8
fishery management regions. The program, which
shall not require a fee before January 1, 2011, shall
provide for—
‘‘(A) the registration (including identifica-
tion and contact information) of individuals who
engage in recreational fishing—
‘‘(i) in the Exclusive Economic Zone;
‘‘(ii) for anadromous species; or
‘‘(iii) for Continental Shelf fishery re-
sources beyond the Exclusive Economic
Zone; and
‘‘(B) if appropriate, the registration (in-
cluding the ownership, operator, and identifica-
tion of the vessel) of vessels used in such fishing.
‘‘(2) STATE PROGRAMS.—The Secretary shall ex-
empt from registration under the program rec-
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reational fishermen and charter fishing vessels li-
censed, permitted, or registered under the laws of a
State if the Secretary determines that information
from the State program is suitable for the Secretary’s
use or is used to assist in completing marine rec-
reational fisheries statistical surveys, or evaluating
the effects of proposed conservation and management
measures for marine recreational fisheries.
‘‘(3) DATA COLLECTION.—
‘‘(A) IMPROVEMENT OF THE MARINE REC-
REATIONAL
FISHERY
STATISTICS
SURVEY.—
Within 24 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the
Secretary, in consultation with representatives of
the recreational fishing industry and experts in
statistics, technology, and other appropriate
fields, shall establish a program to improve the
quality and accuracy of information generated
by the Marine Recreational Fishery Statistics
Survey, with a goal of achieving acceptable accu-
racy and utility for each individual fishery.
‘‘(B) NRC REPORT
RECOMMENDATIONS.—
The program shall take into consideration and,
to the extent feasible, implement the rec-
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ommendations of the National Research Council
in its report Review of Recreational Fisheries
Survey Methods (2006), including—
‘‘(i) redesigning the Survey to improve
the effectiveness and appropriateness of
sampling and estimation procedures, its ap-
plicability to various kinds of management
decisions, and its usefulness for social and
economic analyses; and
‘‘(ii) providing for ongoing technical
evaluation and modification as needed to
meet emerging management needs.
‘‘(C) METHODOLOGY.—Unless the Secretary
determines that alternate methods will achieve
this goal more efficiently and effectively, the pro-
gram shall, to the extent possible, include—
‘‘(i) an adequate number of intercepts
to accurately estimate recreational catch
and effort;
‘‘(ii) use of surveys that target anglers
registered or licensed at the State or Federal
level to collect participation and effort data;
‘‘(iii) collection and analysis of vessel
trip report data from charter fishing vessels;
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‘‘(iv) development of a weather correc-
tive factor that can be applied to rec-
reational catch and effort estimates; and
‘‘(v) an independent committee com-
posed of recreational fishermen, academics,
persons with expertise in stock assessments
and survey design, and appropriate per-
sonnel from the National Marine Fisheries
Service to review the collection estimates,
geographic, and other variables related to
dockside intercepts and to identify defi-
ciencies in recreational data collection, and
possible correction measures.
‘‘(D) DEADLINE.—The Secretary shall com-
plete the program under this paragraph and im-
plement the improved Marine Recreational Fish-
ery Statistics Survey not later than January 1,
2009.
‘‘(4) REPORT.—Within 24 months after estab-
lishment of the program, the Secretary shall submit
a report to Congress that describes the progress made
toward achieving the goals and objectives of the pro-
gram.’’.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended—
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(1) by striking ‘‘(a) COUNCIL REQUESTS.—’’ in
the subsection heading and inserting ‘‘(a) COLLEC-
TION PROGRAMS.—’’;
(2) by resetting the text following ‘‘(a) COLLEC-
TION PROGRAMS.—’’ as a new paragraph 2 ems from
the left margin;
(3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ be-
fore ‘‘If a Council’’;
(4) by striking ‘‘subsection’’ in the last sentence
and inserting ‘‘paragraph’’;
(5) by striking ‘‘(other than information that
would disclose proprietary or confidential commercial
or financial information regarding fishing operations
or fish processing operations)’’ each place it appears;
and
(6) by adding at the end the following:
‘‘(2) SECRETARIAL INITIATION.—If the Secretary
determines that additional information is necessary
for developing, implementing, revising, or monitoring
a fishery management plan, or for determining
whether a fishery is in need of management, the Sec-
retary may, by regulation, implement an information
collection or observer program requiring submission of
such additional information for the fishery.’’.
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SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) 
IN
GENERAL.—Section 
402(b) 
(16 
U.S.C.
1881a(b)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3) and resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
‘‘(b) CONFIDENTIALITY OF INFORMATION.—
‘‘(1) Any information submitted to the Secretary,
a State fishery management agency, or a marine fish-
eries commission by any person in compliance with
the requirements of this Act shall be confidential and
shall not be disclosed except—
‘‘(A) to Federal employees and Council em-
ployees who are responsible for fishery manage-
ment plan development, monitoring, or enforce-
ment;
‘‘(B) to State or Marine Fisheries Commis-
sion employees as necessary to further the De-
partment’s mission, subject to a confidentiality
agreement that prohibits public disclosure of the
identity of business of any person;
‘‘(C) to State employees who are responsible
for fishery management plan enforcement, if the
States employing those employees have entered
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into a fishery enforcement agreement with the
Secretary and the agreement is in effect;
‘‘(D) when required by court order;
‘‘(E) when such information is used by
State, Council, or Marine Fisheries Commission
employees to verify catch under a limited access
program, but only to the extent that such use is
consistent with subparagraph (B);
‘‘(F) when the Secretary has obtained writ-
ten authorization from the person submitting
such information to release such information to
persons for reasons not otherwise provided for in
this subsection, and such release does not violate
other requirements of this Act;
‘‘(G) when such information is required to
be submitted to the Secretary for any determina-
tion under a limited access program; or
‘‘(H) in support of homeland and national
security activities, including the Coast Guard’s
homeland security missions as defined in section
888(a)(2) of the Homeland Security Act of 2002
(6 U.S.C. 468(a)(2)).
‘‘(2) Any observer information shall be confiden-
tial and shall not be disclosed, except in accordance
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with the requirements of subparagraphs (A) through
(H) of paragraph (1), or—
‘‘(A) as authorized by a fishery manage-
ment plan or regulations under the authority of
the North Pacific Council to allow disclosure to
the public of weekly summary bycatch informa-
tion identified by vessel or for haul-specific by-
catch information without vessel identification;
‘‘(B) when such information is necessary in
proceedings to adjudicate observer certifications;
or
‘‘(C) as authorized by any regulations
issued under paragraph (3) allowing the collec-
tion of observer information, pursuant to a con-
fidentiality agreement between the observers, ob-
server employers, and the Secretary prohibiting
disclosure of the information by the observers or
observer employers, in order—
‘‘(i) to allow the sharing of observer in-
formation among observers and between ob-
servers and observer employers as necessary
to train and prepare observers for deploy-
ments on specific vessels; or
‘‘(ii) to validate the accuracy of the ob-
server information collected.’’; and
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(3) by striking ‘‘(1)(E).’’ in paragraph (3), as
redesignated, and inserting ‘‘(2)(A).’’.
(b) CONFORMING AMENDMENT.—Section 404(c)(4) (16
U.S.C. 1881c(c)(4)) is amended by striking ‘‘under section
401’’.
SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT
PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by sec-
tion 119 of this Act, is further amended by adding at the
end the following:
‘‘SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT
PROGRAM.
‘‘(a) IN GENERAL.—The Secretary of Commerce, in
consultation with the Councils, shall establish a cooperative
research and management program to address needs identi-
fied under this Act and under any other marine resource
laws enforced by the Secretary. The program shall be imple-
mented on a regional basis and shall be developed and con-
ducted through partnerships among Federal, State, and
Tribal managers and scientists (including interstate fishery
commissions), fishing industry participants (including use
of commercial charter or recreational vessels for gathering
data), and educational institutions.
‘‘(b) ELIGIBLE PROJECTS.—The Secretary shall make
funds available under the program for the support of