Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006
PL 109-479 (H.R.5946), enacted 01/12/2007

120 STAT. 3575
PUBLIC LAW 109–479—JAN. 12, 2007
Public Law 109–479
109th Congress
An Act
To amend the Magnuson-Stevens Fishery Conservation and Management Act to
authorize activities to promote improved monitoring and compliance for high
seas fisheries, or fisheries governed by international fishery management agree-
ments, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Management
Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
TITLE I—CONSERVATION AND MANAGEMENT
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and recovery program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction.
Sec. 122. Conversion to catcher/processor shares.
TITLE II—INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
16 USC 1801
note.
Magnuson-
Stevens Fishery
Conservation and
Management
Reauthorization
Act of 2006.
Jan. 12, 2007
[H.R. 5946]
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120 STAT. 3576
PUBLIC LAW 109–479—JAN. 12, 2007
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on commercial and recreational fishery habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Sec. 217. Study of shortage in the number of individuals with post- baccalaureate
degrees in subjects related to fishery science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.
TITLE III—OTHER FISHERIES STATUTES
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries Acts.
TITLE IV—INTERNATIONAL
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and reduce by-
catch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC
FISHERIES CONVENTION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
TITLE VI—PACIFIC WHITING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.
TITLE VII—MISCELLANEOUS
Sec. 701. Study of the acidification of the oceans and effect on fisheries.
Sec. 702. Puget Sound regional shellfish settlement.
TITLE VIII—TSUNAMI WARNING AND EDUCATION
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
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120 STAT. 3577
PUBLIC LAW 109–479—JAN. 12, 2007
Sec. 808. Authorization of appropriations.
TITLE IX—POLAR BEARS
Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVA-
TION AND MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) ECOSYSTEMS.—Section 2(a) (16 U.S.C. 1801(a)) is amended
by adding at the end the following:
‘‘(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating ecosystem
considerations in fisheries management using the existing
authorities provided under this Act.’’.
(b) IN GENERAL.—Section 3 (16 U.S.C. 1802) is amended—
(1) by inserting after paragraph (13) the following:
‘‘(13A) The term ‘regional fishery association’ means an
association formed for the mutual benefit of members—
‘‘(A) to meet social and economic needs in a region
or subregion; and
‘‘(B) comprised of persons engaging in the harvest or
processing of fishery resources in that specific region or
subregion or who otherwise own or operate businesses
substantially dependent upon a fishery.’’;
(2) by inserting after paragraph (20) the following:
‘‘(20A) The term ‘import’—
‘‘(A) means to land on, bring into, or introduce into,
or attempt to land on, bring into, or introduce into, any
place subject to the jurisdiction of the United States,
whether or not such landing, bringing, or introduction con-
stitutes an importation within the meaning of the customs
laws of the United States; but
‘‘(B) does not include any activity described in subpara-
graph (A) with respect to fish caught in the exclusive
economic zone or by a vessel of the United States.’’;
(3) by inserting after paragraph (23) the following:
‘‘(23A) The term ‘limited access privilege’—
‘‘(A) means a Federal permit, issued as part of a limited
access system under section 303A to harvest a quantity
of fish expressed by a unit or units representing a portion
of the total allowable catch of the fishery that may be
received or held for exclusive use by a person; and
‘‘(B) includes an individual fishing quota; but
‘‘(C) does not include community development quotas
as described in section 305(i).
‘‘(23B) The term ‘limited access system’ means a system
that limits participation in a fishery to those satisfying certain
eligibility criteria or requirements contained in a fishery
management plan or associated regulation.’’; and
(4) by inserting after paragraph (27) the following:
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120 STAT. 3578
PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(27A) The term ‘observer information’ means any informa-
tion collected, observed, retrieved, or created by an observer
or electronic monitoring system pursuant to authorization by
the Secretary, or collected as part of a cooperative research
initiative, including fish harvest or processing observations,
fish sampling or weighing data, vessel logbook data, vessel
or processor-specific information (including any safety, location,
or operating condition observations), and video, audio, photo-
graphic, or written documents.’’.
(c) REDESIGNATION.—Paragraphs (1) through (45) of section
3 (16 U.S.C. 1802), as amended by subsection (a), are redesignated
as paragraphs (1) thorough (50), respectively.
(d) CONFORMING AMENDMENTS.—
(1) The following provisions of the Act are amended by
striking ‘‘an individual fishing quota’’ and inserting ‘‘a limited
access privilege’’:
(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
(B) 
Section 
407(a)(1)(D) 
and 
(c)(1) 
(16 
U.S.C.
1883(a)(1)(D) and (c)(1)).
(2) The following provisions of the Act are amended by
striking ‘‘individual fishing quota’’ and inserting ‘‘limited access
privilege’’:
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended
by striking ‘‘individual fishing quotas,’’ and inserting ‘‘limited
access privileges,’’.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The’’; and
(2) by adding at the end the following:
‘‘(b) TRADITIONAL PARTICIPATION.—In managing any fisheries
under an international fisheries agreement to which the United
States is a party, the appropriate Council or Secretary shall take
into account the traditional participation in the fishery, relative
to other nations, by fishermen of the United States on fishing
vessels of the United States.
‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If a relevant inter-
national fisheries organization does not have a process for devel-
oping a formal plan to rebuild a depleted stock, an overfished
stock, or a stock that is approaching a condition of being overfished,
the provisions of this Act in this regard shall be communicated
to and promoted by the United States in the international or
regional fisheries organization.’’.
SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended—
(1) by striking ‘‘shall be’’ and inserting ‘‘is’’;
(2) by striking ‘‘will not’’ and inserting ‘‘cannot, or will
not,’’; and
(3) by inserting after ‘‘Act.’’ the following: ‘‘Allocations of
the total allowable level of foreign fishing are discretionary,
except that the total allowable level shall be zero for fisheries
determined by the Secretary to have adequate or excess
domestic harvest capacity.’’.
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120 STAT. 3579
PUBLIC LAW 109–479—JAN. 12, 2007
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended—
(1) by inserting ‘‘and any funds or contributions received
in support of conservation and management objectives under
a marine conservation plan’’ after ‘‘agreement’’ in paragraph
(7); and
(2) by inserting after ‘‘paragraph (4).’’ in paragraph (8)
the following: ‘‘In the case of violations by foreign vessels occur-
ring within the exclusive economic zones off Midway Atoll,
Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland,
Baker, and Wake Islands, amounts received by the Secretary
attributable to fines and penalties imposed under this Act,
shall be deposited into the Western Pacific Sustainable Fish-
eries Fund established under paragraph (7) of this subsection.’’.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Secretary to
carry out the provisions of this Act—
‘‘(1) $337,844,000 for fiscal year 2007;
‘‘(2) $347,684,000 for fiscal year 2008;
‘‘(3) $357,524,000 for fiscal year 2009;
‘‘(4) $367,364,000 for fiscal year 2010;
‘‘(5) $377,204,000 for fiscal year 2011;
‘‘(6) $387,044,000 for fiscal year 2012; and
‘‘(7) $396,875,000 for fiscal year 2013.’’.
TITLE I—CONSERVATION AND
MANAGEMENT
SEC. 101. CUMULATIVE IMPACTS.
(a) 
NATIONAL
STANDARDS.—Section 
301(a)(8) 
(16 
U.S.C.
1851(a)(8)) is amended by inserting ‘‘by utilizing economic and
social data that meet the requirements of paragraph (2),’’ after
‘‘fishing communities’’.
(b) 
CONTENTS
OF
PLANS.—Section 
303(a)(9) 
(16 
U.S.C.
1853(a)(9)) is amended by striking ‘‘describe the likely effects, if
any, of the conservation and management measures on—’’ and
inserting ‘‘analyze the likely effects, if any, including the cumulative
conservation, economic, and social impacts, of the conservation
and management measures on, and possible mitigation measures
for—’’.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by
inserting ‘‘and of commonwealths, territories, and possessions of
the United States in the Caribbean Sea’’ after ‘‘seaward of such
States’’.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) TRIBAL ALTERNATE ON PACIFIC COUNCIL.—Section 302(b)(5)
(16 U.S.C. 1852(b)(5)) is amended by adding at the end thereof
the following:
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(D) The tribal representative appointed under subparagraph
(A) may designate as an alternate, during the period of the rep-
resentative’s term, an individual knowledgeable concerning tribal
rights, tribal law, and the fishery resources of the geographical
area concerned.’’.
(b) SCIENTIFIC AND STATISTICAL COMMITTEES.—Section 302(g)
(16 U.S.C. 1852(g)) is amended—
(1) by striking so much of subsection (g) as precedes para-
graph (2) and inserting the following:
‘‘(g) COMMITTEES AND ADVISORY PANELS.—
‘‘(1)(A) Each Council shall establish, maintain, and appoint
the members of a scientific and statistical committee to assist
it in the development, collection, evaluation, and peer review
of such statistical, biological, economic, social, and other sci-
entific information as is relevant to such Council’s development
and amendment of any fishery management plan.
‘‘(B) Each scientific and statistical committee shall provide
its Council ongoing scientific advice for fishery management
decisions, including recommendations for acceptable biological
catch, preventing overfishing, maximum sustainable yield, and
achieving rebuilding targets, and reports on stock status and
health, bycatch, habitat status, social and economic impacts
of management measures, and sustainability of fishing prac-
tices.
‘‘(C) Members appointed by the Councils to the scientific
and statistical committees shall be Federal employees, State
employees, academicians, or independent experts and shall have
strong scientific or technical credentials and experience.
‘‘(D) Each member of a scientific and statistical committee
shall be treated as an affected individual for purposes of para-
graphs (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary
shall keep disclosures made pursuant to this subparagraph
on file.
‘‘(E) The Secretary and each Council may establish a peer
review process for that Council for scientific information used
to advise the Council about the conservation and management
of the fishery. The review process, which may include existing
committees or panels, is deemed to satisfy the requirements
of the guidelines issued pursuant to section 515 of the Treasury
and General Government Appropriations Act for Fiscal year
2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153).
‘‘(F) In addition to the provisions of section 302(f)(7), the
Secretary shall, subject to the availability of appropriations,
pay a stipend to members of the scientific and statistical
committees or advisory panels who are not employed by the
Federal Government or a State marine fisheries agency.
‘‘(G) A science and statistical committee shall hold its
meetings in conjunction with the meeting of the Council, to
the extent practicable.’’.
(2) by striking ‘‘other’’ in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) COUNCIL FUNCTIONS.—Section 302(h) (16 U.S.C. 1852(h))
is amended—
(1) by striking ‘‘authority, and’’ in paragraph (5) and
inserting ‘‘authority;’’;
(2) by redesignating paragraph (6) as paragraph (7); and
Records.
Establishment.
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PUBLIC LAW 109–479—JAN. 12, 2007
(3) by inserting after paragraph (5) the following:
‘‘(6) develop annual catch limits for each of its managed
fisheries that may not exceed the fishing level recommendations
of its scientific and statistical committee or the peer review
process established under subsection (g); and’’.
(d) SCIENTIFIC
RESEARCH
PRIORITIES.—Section 302(h) (16
U.S.C. 1852(h)), as amended by subsection (c), is further amended—
(1) by striking ‘‘(g); and’’ in paragraph (6) and inserting
‘‘(g);’’;
(2) by redesignating paragraph (7), as redesignated by sub-
section (c)(2), as paragraph (8);
(2) by inserting after paragraph (6) the following:
‘‘(7) develop, in conjunction with the scientific and statis-
tical committee, multi-year research priorities for fisheries, fish-
eries interactions, habitats, and other areas of research that
are necessary for management purposes, that shall—
‘‘(A) establish priorities for 5-year periods;
‘‘(B) be updated as necessary; and
‘‘(C) be submitted to the Secretary and the regional
science centers of the National Marine Fisheries Service
for their consideration in developing research priorities
and budgets for the region of the Council; and’’.
(e) REGULAR AND EMERGENCY MEETINGS.—Section 302(i)(2)(C)
(16 U.S.C. 1852(i)(2)(C)) is amended by striking ‘‘published in local
newspapers in the major fishing ports of the region (and in other
major fishing ports having a direct interest in the affected fishery)
and such notice may be given by such other means as will result
in wide publicity.’’ and inserting ‘‘provided by any means that
will result in wide publicity in the major fishing ports of the
region (and in other major fishing ports having a direct interest
in the affected fishery), except that e-mail notification and website
postings alone are not sufficient.’’.
(f) 
CLOSED
MEETINGS.—Section 
302(i)(3)(B) 
(16 
U.S.C.
1852(i)(3)(B)) is amended by striking ‘‘notify local newspapers in
the major fishing ports within its region (and in other major,
affected fishing ports,’’ and inserting ‘‘provide notice by any means
that will result in wide publicity in the major fishing ports of
the region (and in other major fishing ports having a direct interest
in the affected fishery), except that e-mail notification and website
postings alone are not sufficient,’’.
(g) TRAINING.—Section 302 (16 U.S.C. 1852) is amended by
adding at the end the following:
‘‘(k) COUNCIL TRAINING PROGRAM.—
‘‘(1) TRAINING COURSE.—Within 6 months after the date
of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the Secretary,
in consultation with the Councils and the National Sea Grant
College Program, shall develop a training course for newly
appointed Council members. The course may cover a variety
of topics relevant to matters before the Councils, including—
‘‘(A) fishery science and basic stock assessment
methods;
‘‘(B) fishery management techniques, data needs, and
Council procedures;
‘‘(C) social science and fishery economics;
Deadline.
Notification.
Publication.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(D) tribal treaty rights and native customs, access,
and other rights related to Western Pacific indigenous
communities;
‘‘(E) legal requirements of this Act, including conflict
of interest and disclosure provisions of this section and
related policies;
‘‘(F) other relevant legal and regulatory requirements,
including the National Environmental Policy Act (42 U.S.C.
4321 et seq.);
‘‘(G) public process for development of fishery manage-
ment plans;
‘‘(H) other topics suggested by the Council; and
‘‘(I) recreational and commercial fishing information,
including fish harvesting techniques, gear types, fishing
vessel types, and economics for the fisheries within each
Council’s jurisdiction.
‘‘(2) MEMBER TRAINING.—The training course shall be avail-
able to both new and existing Council members, staff from
the regional offices and regional science centers of the National
Marine Fisheries Service, and may be made available to com-
mittee or advisory panel members as resources allow.
‘‘(3) REQUIRED TRAINING.—Council members appointed after
the date of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006 shall
complete a training course that meets the requirements of
this section not later than 1 year after the date on which
they were appointed. Any Council member who has completed
a training course within 24 months before the date of enactment
of the Magnuson-Stevens Fishery Conservation and Manage-
ment Reauthorization Act of 2006 shall be considered to have
met the training requirement of this paragraph.
‘‘(l) COUNCIL COORDINATION COMMITTEE.—The Councils may
establish a Council coordination committee consisting of the chairs,
vice chairs, and executive directors of each of the 8 Councils
described in subsection (a)(1), or other Council members or staff,
in order to discuss issues of relevance to all Councils, including
issues related to the implementation of this Act.’’.
(h) PROCEDURAL MATTERS.—Section 302(i) (16 U.S.C. 1852(i))
is amended—
(1) by striking ‘‘to the Councils or to the scientific and
statistical committees or advisory panels established under sub-
section (g).’’ in paragraph (1) and inserting ‘‘to the Councils,
the Council coordination committee established under sub-
section (l), or to the scientific and statistical committees or
other committees or advisory panels established under sub-
section (g).’’;
(2) by striking ‘‘of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g):’’ in paragraph (2) and inserting ‘‘of a Council,
of the Council coordination committee established under sub-
section (l), and of the scientific and statistical committees or
other committees or advisory panels established under sub-
section (g):’’; and
(3) by inserting ‘‘the Council Coordination Committee estab-
lished under subsection (l),’’ in paragraph (3)(A) after ‘‘Council,’’;
and
Deadline.
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PUBLIC LAW 109–479—JAN. 12, 2007
(4) by inserting ‘‘other committees,’’ in paragraph (3)(A)
after ‘‘committee,’’.
(i) CONFLICTS OF INTEREST.—Section 302(j) (16 U.S.C. 1852(j))
is amended—
(1) by inserting ‘‘lobbying, advocacy,’’ after ‘‘processing,’’
in paragraph (2);
(2) by striking ‘‘jurisdiction.’’ in paragraph (2) and inserting
‘‘jurisdiction, or with respect to an individual or organization
with a financial interest in such activity.’’;
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
‘‘(B) be kept on file by the Council and made available
on the Internet and for public inspection at the Council offices
during reasonable hours; and’’; and
(4) by adding at the end the following:
‘‘(9) On January 1, 2008, and annually thereafter, the Secretary
shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Com-
mittee on Resources on action taken by the Secretary and the
Councils to implement the disclosure of financial interest and
recusal requirements of this subsection, including identification of
any conflict of interest problems with respect to the Councils and
scientific and statistical committees and recommendations for
addressing any such problems.’’.
(j) GULF OF MEXICO FISHERIES MANAGEMENT COUNCIL.—Sec-
tion 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—
(1) by redesignating subparagraph (D) as subparagraph
(E); and
(2) by inserting after subparagraph (C) the following:
‘‘(D)(i) The Governor of a State submitting a list of names
of individuals for appointment by the Secretary of Commerce to
the Gulf of Mexico Fisheries Management Council under subpara-
graph (C) shall include—
‘‘(I) at least 1 nominee each from the commercial, rec-
reational, and charter fishing sectors; and
‘‘(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
‘‘(ii) Notwithstanding the requirements of subparagraph (C),
if the Secretary determines that the list of names submitted by
the Governor does not meet the requirements of clause (i) the
Secretary shall—
‘‘(I) publish a notice in the Federal Register asking the
residents of that State to submit the names and pertinent
biographical data of individuals who would meet the require-
ment not met for appointment to the Council; and
‘‘(II) add the name of any qualified individual submitted
by the public who meets the unmet requirement to the list
of names submitted by the Governor.
‘‘(iii) For purposes of clause (i) an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial or recreational
fishing sector.
‘‘(iv) The requirements of this subparagraph shall expire at
the end of fiscal year 2012.’’.
Expiration date.
Notice.
Federal Register,
publication.
Deadline.
Reports.
Records.
Internet.
Public
information.
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PUBLIC LAW 109–479—JAN. 12, 2007
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) IN
GENERAL.—Section 303(a) (16 U.S.C. 1853(a)) is
amended—
(1) by striking ‘‘and charter fishing’’ in paragraph (5) and
inserting ‘‘charter fishing, and fish processing’’;
(2) by inserting ‘‘economic information necessary to meet
the requirements of this Act,’’ in paragraph (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 following:
‘‘(C) the safety of human life at sea, including whether
and to what extent such measures may affect the safety
of participants in the fishery;’’;
(6) by striking ‘‘fishery’’ the first place it appears in para-
graph (13) and inserting ‘‘fishery, including 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 economic impact of the
harvest restrictions or recovery benefits on the fishery partici-
pants 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 annual catch
limits in the plan (including a multiyear plan), implementing
regulations, or annual specifications, at a level such that over-
fishing does not occur in the fishery, including measures to
ensure accountability.’’.
(b) EFFECTIVE DATES; APPLICATION TO CERTAIN SPECIES.—The
amendment made by subsection (a)(10)—
(1) shall, unless otherwise provided for under an inter-
national agreement in which the United States participates,
take effect—
(A) in fishing year 2010 for fisheries determined by
the Secretary to be subject to overfishing; and
(B) in fishing year 2011 for all other fisheries; 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
(3) shall not limit or otherwise affect the requirements
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.—Section 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 ‘‘prepare’’ in para-
graph (3);
(3) by inserting ‘‘immediately’’ after ‘‘overfishing’’ in para-
graph (3)(A);
16 USC 1853
note.
Regulations.
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PUBLIC LAW 109–479—JAN. 12, 2007
(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);
(2) by inserting after paragraph (2) the following:
‘‘(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 considering 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 information available;
‘‘(ii) includes criteria to assess the conservation 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 benefits and
impacts of the closure, including its size, in relation to
other management measures (either alone or in combina-
tion with such measures), including the benefits and
impacts of limiting access to: users of the area, overall
fishing 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 developing such system,
the Council and the Secretary take into account—
‘‘(A) present participation in the fishery;
‘‘(B) historical fishing practices in, and dependence 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 relevant to the
fishery and any affected fishing communities;
‘‘(F) the fair and equitable distribution of access privi-
leges in the fishery; and
‘‘(G) any other relevant considerations;’’;
(5) by striking ‘‘(other than economic data)’’ in paragraph
(7);
(6) by striking ‘‘and’’ after the semicolon in paragraph
(11); and
16 USC 1854
note.
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PUBLIC LAW 109–479—JAN. 12, 2007
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
‘‘(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 Magnu-
son-Stevens Fishery Conservation and Management Reauthoriza-
tion 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 requirements of this section.
‘‘(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 purposes of sections
307, 308, and 309;
‘‘(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation 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 authorization 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 limited access privilege or quota
share.
‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.—
‘‘(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 overfished or
subject to a rebuilding plan, assist in its rebuilding;
‘‘(B) if established in a fishery that is determined by
the Secretary or the Council to have over-capacity, con-
tribute to reducing capacity;
‘‘(C) promote—
‘‘(i) fishing safety;
‘‘(ii) fishery conservation and management; and
‘‘(iii) social and economic benefits;
‘‘(D) prohibit any person other than a United States
citizen, a corporation, partnership, or other entity estab-
lished under the laws of the United States or any State,
or a permanent resident alien, that meets the eligibility
and participation requirements established in the program
from acquiring a privilege to harvest fish, including any
16 USC 1853a.
16 USC 1853.
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PUBLIC LAW 109–479—JAN. 12, 2007
person that acquires a limited access privilege solely for
the purpose of perfecting or realizing on a security interest
in such privilege;
‘‘(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 terri-
tory 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, including determining progress in meeting
the goals of the program and this Act, and any necessary
modification of the program to meet those goals, with a
formal and detailed review 5 years after the implementa-
tion of the program and thereafter to coincide with sched-
uled Council review of the relevant fishery management
plan (but no less frequently than once every 7 years);
‘‘(H) include an effective system for enforcement, moni-
toring, and management of the program, including the
use of observers or electronic monitoring systems;
‘‘(I) include an appeals process for administrative
review of the Secretary’s decisions regarding initial alloca-
tion of limited access privileges;
‘‘(J) provide for the establishment by the Secretary,
in consultation with appropriate Federal agencies, for an
information collection and review process to provide any
additional information needed to determine whether any
illegal acts of anti-competition, anti-trust, price collusion,
or price fixing have occurred among regional fishery
associations or persons receiving limited access privileges
under the program; and
‘‘(K) provide for the revocation by the Secretary 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 requirement
of paragraph (1)(E) if the Secretary determines that—
‘‘(A) the fishery has historically processed the fish out-
side 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 program to harvest fish, a
fishing community shall—
‘‘(I) be located within the management area
of the relevant Council;
‘‘(II) meet criteria developed by the relevant
Council, approved by the Secretary, and published
in the Federal Register;
‘‘(III) consist of residents who conduct commer-
cial or recreational fishing, processing, or fishery-
dependent support businesses within the Council’s
management area; and
‘‘(IV) develop and submit a community sustain-
ability plan to the Council and the Secretary that
demonstrates how the plan will address the social
Plan.
Criteria.
Federal Register,
publication.
Deadlines.
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and economic development needs of coastal
communities, including those that have not histori-
cally had the resources to participate in the
fishery, for approval based on criteria developed
by the Council that have been approved by the
Secretary and published in the Federal Register.
‘‘(ii) FAILURE
TO
COMPLY
WITH
PLAN.—The Sec-
retary 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 section may be reallocated
to other eligible members of the fishing community.
‘‘(B) PARTICIPATION CRITERIA.—In developing participa-
tion criteria for eligible communities 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 projected eco-
nomic and social impacts associated with implementa-
tion of limited access privilege programs on harvesters,
captains, crew, processors, and other businesses
substantially dependent upon the fishery in the region
or subregion;
‘‘(v) the expected effectiveness, operational trans-
parency, and equitability of the community sustain-
ability plan; and
‘‘(vi) the potential for improving economic condi-
tions in remote coastal communities lacking resources
to participate in harvesting or processing activities
in the fishery.
‘‘(4) REGIONAL FISHERY ASSOCIATIONS.—
‘‘(A) IN GENERAL.—To be eligible to participate 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 relevant
Council, approved by the Secretary, and published in
the Federal Register;
‘‘(iii) be a voluntary association with established
by-laws and operating procedures;
‘‘(iv) consist of participants in the fishery who hold
quota share that are designated for use in the specific
region or subregion covered by the regional fishery
association, including commercial or recreational
fishing, 
processing, 
fishery-dependent 
support
businesses, or fishing communities;
‘‘(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
Criteria.
Federal Register,
publication.
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‘‘(vi) develop and submit a regional fishery associa-
tion plan to the Council and the Secretary for approval
based on criteria developed by the Council that have
been approved 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 person participating in a regional fishery
association who fails to comply with the requirements of
the regional fishery association plan.
‘‘(C) PARTICIPATION CRITERIA.—In developing participa-
tion 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 projected eco-
nomic and social impacts associated with implementa-
tion of limited access privilege programs on harvesters,
captains, crew, processors, and other businesses
substantially dependent upon the fishery in the region
or subregion;
‘‘(v) the administrative and fiduciary soundness
of the association; and
‘‘(vi) the expected effectiveness, operational trans-
parency, and equitability of the fishery association
plan.
‘‘(5) ALLOCATION.—In developing a limited access privilege
program to harvest fish a Council or the Secretary shall—
‘‘(A) establish procedures to ensure fair and equitable
initial allocations, including consideration 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 participation of
fishing communities;
‘‘(B) consider the basic cultural and social framework
of the fishery, especially through—
‘‘(i) the development of policies to promote 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 consolidation in the harvesting
or processing sectors of the fishery;
‘‘(C) include measures to assist, when necessary and
appropriate, entry-level and small vessel owner-operators,
captains, crew, and fishing communities through set-asides
of harvesting allocations, including providing privileges,
which may include set-asides or allocations of harvesting
privileges, or economic assistance in the purchase of limited
access privileges;
Procedures.
Plan.
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‘‘(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, expressed as
a percentage of the total limited access privileges, that
a limited access privilege holder is permitted to hold,
acquire, or use; and
‘‘(ii) establishing any other limitations or measures
necessary to prevent an inequitable concentration of
limited access privileges; and
‘‘(E) authorize limited access privileges to harvest fish
to be held, acquired, used by, or issued under the system
to persons who substantially participate in the fishery,
including in a specific sector of such fishery, as specified
by the Council.
‘‘(6) PROGRAM INITIATION.—
‘‘(A) LIMITATION.—Except as provided in subparagraph
(D), a Council may initiate a fishery management plan
or amendment to establish a limited access privilege pro-
gram to harvest fish on its own initiative or if the Secretary
has certified an appropriate petition.
‘‘(B) PETITION.—A group of fishermen constituting more
than 50 percent of the permit holders, or holding more
than 50 percent of the allocation, in the fishery for which
a limited access privilege program to harvest fish is sought,
may submit a petition to the Secretary requesting that
the relevant Council or Councils with authority over the
fishery be authorized to initiate 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 substantially fished the species pro-
posed to be included in the limited access program shall
be eligible to sign a petition for such a program and shall
serve as the basis for determining the percentage described
in the first sentence of this subparagraph.
‘‘(C) CERTIFICATION BY SECRETARY.—Upon the receipt
of any such petition, the Secretary 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 appropriate Council or Councils.
‘‘(D) NEW ENGLAND AND GULF REFERENDUM.—
‘‘(i) Except as provided in clause (iii) for the Gulf
of Mexico commercial red snapper 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 creates an indi-
vidual 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, and by a majority of those voting
in the referendum among eligible permit holders with
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120 STAT. 3591
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respect to the Gulf Council. For multispecies permits
in the Gulf of Mexico, only those participants who
have substantially fished the species proposed to be
included in the individual fishing quota program shall
be eligible to vote in such a referendum. If an indi-
vidual fishing quota program fails to be approved by
the requisite number of those voting, it may be revised
and submitted for approval in a subsequent ref-
erendum.
‘‘(ii) The Secretary shall conduct a referendum
under this subparagraph, including notifying all per-
sons eligible to participate in the referendum and
making available to them information concerning the
schedule, procedures, and eligibility requirements for
the referendum process and the proposed individual
fishing quota program. Within 1 year after the date
of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of
2006, the Secretary shall publish guidelines and proce-
dures to determine procedures and voting eligibility
requirements for referenda and to conduct such
referenda in a fair and equitable manner.
‘‘(iii) The provisions of section 407(c) of this Act
shall apply in lieu of this subparagraph for an indi-
vidual fishing quota program for the Gulf of Mexico
commercial red snapper fishery.
‘‘(iv) Chapter 35 of title 44, United States Code,
(commonly known as the Paperwork Reduction Act)
does not apply to the referenda conducted under this
subparagraph.
‘‘(v) The Secretary shall promulgate criteria for
determining whether additional fishery participants
are eligible to vote in the New England referendum
described in clause (i) in order to ensure that crew
members who derive a significant percentage of their
total income from the fishery under the proposed pro-
gram are eligible to vote in the referendum.
‘‘(vi) In this subparagraph, the term ‘individual
fishing quota’ does not include a sector allocation.
‘‘(7) TRANSFERABILITY.—In establishing a limited access
privilege program, a Council shall—
‘‘(A) establish a policy and criteria for the transfer-
ability of limited access privileges (through sale or lease),
that is consistent with the policies adopted by the Council
for the fishery under paragraph (5); and
‘‘(B) establish, in coordination with the Secretary, a
process for monitoring of transfers (including sales and
leases) of limited access privileges.
‘‘(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL
PLANS.—This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(c) or 304(g).
‘‘(9) ANTITRUST SAVINGS CLAUSE.—Nothing in this Act shall
be construed to modify, impair, or supersede the operation
of any of the antitrust laws. For purposes of the preceding
sentence, the term ‘antitrust laws’ has the meaning given such
term in subsection (a) of the first section of the Clayton Act,
except that such term includes section 5 of the Federal Trade
Applicability.
Applicability.
Criteria.
Criteria.
Applicability.
Deadline.
Publication.
Guidelines.
Procedures.
Referendum.
Notification.
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Commission Act to the extent that such section 5 applies to
unfair methods of competition.
‘‘(d) AUCTION AND OTHER PROGRAMS.—In establishing a limited
access privilege program, a Council shall consider, and may provide,
if appropriate, an auction system or other program to collect royal-
ties for the initial, or any subsequent, distribution of allocations
in a limited access privilege program if—
‘‘(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege shares
meets the program requirements of this section; and
‘‘(2) revenues generated through such a royalty program
are deposited in the Limited Access System Administration
Fund established by section 305(h)(5)(B) and available subject
to annual appropriations.
‘‘(e) COST RECOVERY.—In establishing a limited access privilege
program, a Council shall—
‘‘(1) develop a methodology and the means to identify and
assess the management, data collection and analysis, and
enforcement programs that are directly related to and in sup-
port of the program; and
‘‘(2) provide, under section 304(d)(2), for a program of fees
paid by limited access privilege holders that will cover the
costs of management, data collection and analysis, and enforce-
ment activities.
‘‘(f) CHARACTERISTICS.—A limited access privilege established
after the date of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006 is a permit
issued for a period of not more than 10 years that—
‘‘(1) will be renewed before the end of that period, unless
it has been revoked, limited, or modified as provided in this
subsection;
‘‘(2) will be revoked, limited, or modified if the holder
is found by the Secretary, after notice and an opportunity
for a hearing under section 554 of title 5, United States Code,
to have failed to comply with any term of the plan identified
in the plan as cause for revocation, limitation, or modification
of a permit, which may include conservation requirements
established under the plan;
‘‘(3) may be revoked, limited, or modified if the holder
is found by the Secretary, after notice and an opportunity
for a hearing under section 554 of title 5, United States Code,
to have committed an act prohibited by section 307 of this
Act; and
‘‘(4) may be acquired, or reacquired, by participants in
the program under a mechanism established by the Council
if it has been revoked, limited, or modified under paragraph
(2) or (3).
‘‘(g) LIMITED
ACCESS
PRIVILEGE
ASSISTED
PURCHASE
PRO-
GRAM.—
‘‘(1) IN GENERAL.—A Council may submit, and the Secretary
may approve and implement, a program which reserves up
to 25 percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 53706(a)(7) of title
46, United States Code, to issue obligations that aid in
financing—
‘‘(A) the purchase of limited access privileges in that
fishery by fishermen who fish from small vessels; and
Permit period.
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‘‘(B) the first-time purchase of limited access privileges
in that fishery by entry level fishermen.
‘‘(2) ELIGIBILITY CRITERIA.—A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.—
Nothing in this Act, or the amendments made by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006, shall be construed to require a reallocation or a
reevaluation of individual quota shares, processor quota shares,
cooperative programs, or other quota programs, including sector
allocation in effect before the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006.
‘‘(i) TRANSITION RULES.—
‘‘(1) IN GENERAL.—The requirements of this section shall
not apply to any quota program, including any individual quota
program, cooperative program, or sector allocation for which
a Council has taken final action or which has been submitted
by a Council to the Secretary, or approved by the Secretary,
within 6 months after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthoriza-
tion Act of 2006, except that—
‘‘(A) the requirements of section 303(d) of this Act
in effect on the day before the date of enactment of that
Act shall apply to any such program;
‘‘(B) the program shall be subject to review under sub-
section (c)(1)(G) of this section not later than 5 years after
the program implementation; and
‘‘(C) nothing in this subsection precludes a Council
from incorporating criteria contained in this section into
any such plans.
‘‘(2) PACIFIC
GROUNDFISH
PROPOSALS.—The requirements
of this section, other than subparagraphs (A) and (B) of sub-
section (c)(1) and subparagraphs (A), (B), and (C) of paragraph
(1) of this subsection, shall not apply to any proposal authorized
under section 302(f) of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006 that
is submitted within the timeframe prescribed by that section.’’.
(b) FEES.—Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is
amended by striking ‘‘management and enforcement’’ and inserting
‘‘management, data collection, and enforcement’’.
(c) INVESTMENT
IN
UNITED
STATES
SEAFOOD
PROCESSING
FACILITIES.—The Secretary of Commerce shall work with the Small
Business Administration and other Federal agencies to develop
financial and other mechanisms to encourage United States invest-
ment in seafood processing facilities in the United States for fish-
eries that lack capacity needed to process fish harvested by United
States vessels in compliance with the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(d) CONFORMING
AMENDMENT.—Section 304(d)(2)(C)(i) (16
U.S.C. 1854(d)(2)(C)(i)) is amended by striking ‘‘section 305(h)(5)(B)’’
and all that follows and inserting ‘‘section 305(h)(5)(B).’’.
16 USC 1891.
Applicability.
Deadlines.
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PUBLIC LAW 109–479—JAN. 12, 2007
(e) APPLICATION WITH AMERICAN FISHERIES ACT.—Nothing in
section 303A of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), as added by subsection
(a), shall be construed to modify or supersede any provision of
the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851
note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the
end the following:
‘‘(i) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(1) PROCEDURES.—The Secretary shall, in consultation
with the Councils and the Council on Environmental Quality,
revise and update agency procedures for compliance with the
National Environmental Policy Act (42 U.S.C. 4231 et seq.).
The procedures shall—
‘‘(A) conform to the time lines for review and approval
of fishery management plans and plan amendments under
this section; and
‘‘(B) integrate applicable environmental analytical
procedures, including the time frames for public input,
with the procedure for the preparation and dissemination
of fishery management plans, plan amendments, and other
actions taken or approved pursuant to this Act in order
to provide for timely, clear and concise analysis that is
useful to decision makers and the public, reduce extraneous
paperwork, and effectively involve the public.
‘‘(2) USAGE.—The updated agency procedures promulgated
in accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments, regula-
tions, or other actions taken or approved pursuant to this
Act.
‘‘(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES.—
The Secretary shall—
‘‘(A) propose revised procedures within 6 months after
the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of
2006;
‘‘(B) provide 90 days for public review and comments;
and
‘‘(C) promulgate final procedures no later than 12
months after the date of enactment of that Act.
‘‘(4) PUBLIC PARTICIPATION.—The Secretary is authorized
and directed, in cooperation with the Council on Environmental
Quality and the Councils, to involve the affected public in
the development of revised procedures, including workshops
or other appropriate means of public involvement.’’.
SEC. 108. EMERGENCY REGULATIONS.
(a) LENGTHENING
OF SECOND EMERGENCY PERIOD.—Section
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ‘‘180
days,’’ the second time it appears and inserting ‘‘186 days,’’.
(b) TECHNICAL AMENDMENT.—Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ‘‘or interim measures’’ after
‘‘emergency regulations’’.
Deadline.
Public comments.
Deadline.
16 USC 1853a
note.
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PUBLIC LAW 109–479—JAN. 12, 2007
SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY
DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the
end thereof the following:
‘‘(j) WESTERN
PACIFIC
AND
NORTHERN
PACIFIC
REGIONAL
MARINE EDUCATION AND TRAINING.—
‘‘(1) IN
GENERAL.—The Secretary shall establish a pilot
program for regionally-based marine education and training
programs in the Western Pacific and the Northern Pacific to
foster understanding, practical use of knowledge (including
native Hawaiian, Alaskan Native, and other Pacific Islander-
based knowledge), and technical expertise relevant to steward-
ship of living marine resources. The Secretary shall, in coopera-
tion with the Western Pacific and the North Pacific Regional
Fishery Management Councils, regional educational institu-
tions, and local Western Pacific and Northern Pacific commu-
nity training entities, establish programs or projects that will
improve communication, education, and training on marine
resource issues throughout the region and increase scientific
education for marine-related professions among coastal commu-
nity residents, including indigenous Pacific islanders, Native
Hawaiians, Alaskan 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 preparing community
residents for employment in marine related professions,
including marine resource conservation and management,
marine science, marine technology, and maritime oper-
ations;
‘‘(B) include fisheries and seafood-related training pro-
grams, including programs for fishery observers, seafood
safety and seafood marketing, focused on increasing the
involvement of coastal community residents in fishing,
fishery management, and seafood-related operations;
‘‘(C) include outreach programs and materials to edu-
cate and inform consumers about the quality and sustain-
ability of wild fish or fish products farmed through respon-
sible aquaculture, particularly in Hawaii, Alaska, the
Western Pacific, the Northern Pacific, and the Central
Pacific;
‘‘(D) include programs to identify, with the fishing
industry, methods and technologies that will improve the
data collection, quality, and reporting and increase the
sustainability of fishing practices, and to transfer such
methods and technologies among fisheries sectors and to
other nations in the Western, Northern, and Central
Pacific;
‘‘(E) develop means by which local and traditional
knowledge (including Pacific islander, Native Hawaiian,
and Alaskan Native knowledge) can enhance science-based
management of fishery resources of the region; and
‘‘(F) develop partnerships with other Western Pacific
Island and Alaskan agencies, academic institutions, and
other entities to meet the purposes of this section.’’.
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PUBLIC LAW 109–479—JAN. 12, 2007
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 enact-
ment 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 seamount
groundfish permit in the Hawaiian archipelago on regu-
lated species within the complex 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 determination that
such actions are not consistent with the plan, the Secretary
shall, in consultation with the Council, and after notifying
the affected State, develop and implement measures to cure
the inconsistency 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 subsection
(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 information required to be pro-
vided 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 the confidentiality provi-
sions of section 402;’’;
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
‘‘(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 deputiza-
tion and funding of State law enforcement officers with marine
law enforcement responsibilities to perform duties of the Sec-
retary relating to law enforcement provisions under this title
or any other marine resource law enforced by the Secretary.
Upon receiving an application meeting the requirements of
this subsection, the Secretary may enter into a joint enforce-
ment agreement with the requesting 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 Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
Notification.
Deadline.
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PUBLIC LAW 109–479—JAN. 12, 2007
of Mexico, Long Island Sound, or 1 or more of the Great
Lakes.
‘‘(3) 
REQUIREMENTS.—Joint 
enforcement 
agreements
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 capacity of the State to
undertake the marine enforcement 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 assistance 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 Secretary shall implement data-sharing measures to make
any data required to be provided by this Act from satellite-
based maritime distress and safety systems, vessel monitoring
systems, or similar systems—
‘‘(A) directly accessible by State enforcement officers
authorized under subsection (a) of this section; and
‘‘(B) available to a State management agency involved
in, or affected by, management of a fishery if the State
has entered into an agreement 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 ranking legal
officer of the State provides a written opinion or certifi-
cation that State law allows the State to maintain the
confidentiality of information required by Federal law to
be kept confidential; or
‘‘(B) the Secretary is provided other reasonable assur-
ance that the State can and will protect the identity or
business of any person to which such information relates.’’.
(b) REPORT.—Within 15 months after the date of enactment
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 Committee on Resources containing—
Deadline.
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PUBLIC LAW 109–479—JAN. 12, 2007
(1) a cost-to-benefit analysis of the feasibility, value, and
cost of using vessel monitoring systems, satellite-based mari-
time distress and safety systems, or similar systems for fishery
management, conservation, enforcement, and safety purposes
with the Federal 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 requirements would
overlap existing requirements or render them redundant;
(4) an examination of how data integration from such sys-
tems could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these opportuni-
ties, including the provision of direct access to satellite-based
maritime 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 maritime dis-
tress and safety system or similar systems could be developed,
purchased, and distributed to regulated 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 regulatory restrictions (including
those imposed as a result 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 fishing’’ 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 conduct 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 instance 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 fishery 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 program is established or in any other fishery and such
vessel is (i) scrapped, or (ii) through the Secretary of the depart-
ment in which the Coast Guard is operating, subjected to
title restrictions (including loss of the vessel’s fisheries endorse-
ment) that permanently prohibit and effectively prevent its
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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 following:
‘‘(5) PAYMENT CONDITION.—The Secretary may not make a pay-
ment 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 enact-
ment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 submit to the Con-
gress a report—
‘‘(i) identifying and describing the 20 fisheries in United
States waters with the most severe examples of excess
harvesting capacity in the fisheries, based on value of
each fishery and the amount of excess harvesting capacity
as determined by the Secretary;
‘‘(ii) recommending measures for reducing such excess
harvesting capacity, including the retirement of any latent
fishing permits that could contribute to further excess har-
vesting capacity in those fisheries; and
‘‘(iii) potential sources of funding for such measures.
‘‘(B) BASIS FOR RECOMMENDATIONS.—The Secretary shall
base the recommendations made with respect to a fishery on—
‘‘(i) the most cost effective means of achieving voluntary
reduction in capacity for the fishery using the potential
for industry financing; and
‘‘(ii) including measures to prevent the capacity that
is being removed from the fishery from moving to other
fisheries in the United 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 inserting ‘‘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 inserting ‘‘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 Secretary determines that such
fees should be collected from the seller;’’; and
(13) striking subsection (e) and inserting the following:
‘‘(e) IMPLEMENTATION PLAN.—
‘‘(1) FRAMEWORK REGULATIONS.—The Secretary shall pro-
pose and adopt framework regulations applicable to the
implementation of all programs under this section.
Certification.
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‘‘(2) PROGRAM REGULATIONS.—The Secretary shall imple-
ment each program under this section by promulgating regula-
tions that, together with the framework regulations, establish
each program and control its implementation.
‘‘(3) HARVESTER PROPONENTS’ IMPLEMENTATION PLAN.—The
Secretary may not propose implementation regulations for a
program to be paid for by an industry fee system until the
harvester proponents of the program provide to the Secretary
a proposed implementation plan that, among other matters—
‘‘(A) proposes the types and numbers of vessels or
permits that are eligible to participate in the program
and the manner in which the program shall proceed, taking
into account—
‘‘(i) the requirements of this section;
‘‘(ii) the requirements of the framework regula-
tions;
‘‘(iii) the characteristics of the fishery and affected
fishing communities;
‘‘(iv) the requirements of the applicable fishery
management plan and any amendment that such plan
may require to support the proposed program;
‘‘(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 effectiveness, as well as any relevant factors
demonstrating the potential for, or necessary to obtain,
the support and general cooperation of a substantial
number of affected harvesters in the fishery (or portion
of the fishery) for which the program is intended; and
‘‘(B) proposes procedures for program participation
(such as submission of owner bids under an auction system
or fair market-value assessment), including any terms and
conditions for participation, that the harvester proponents
deem to be reasonably necessary to meet the program’s
proposed objectives.
‘‘(4) PARTICIPATION CONTRACTS.—The Secretary shall con-
tract with each person participating in a program, and each
such contract shall, in addition to including such other matters
as the Secretary deems necessary and appropriate to effectively
implement each program (including penalties for contract non-
performance) be consistent with the framework and imple-
menting regulations and all other applicable law.
‘‘(5) REDUCTION AUCTIONS.—Each program not involving
fair market assessment shall involve a reduction 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 Secretary accepts bids, the Secretary shall accept
responsive bids in the rank order of their bid scores, starting
with the bid whose reduction price is the lowest percentage
of the productivity factor, and successively accepting each addi-
tional responsive bid in rank order until either there are no
more responsive bids or acceptance of the next bid would cause
the total value of bids accepted to exceed the amount of funds
available for the program.
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‘‘(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 regulations. Each bid that the Secretary receives
in response to the invitation to bid shall constitute an irrev-
ocable 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, respectively to the Act as
of the date of enactment of the Sustainable 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 regional 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 fishermen, 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 appropria-
tions, the program shall provide funds or other economic assist-
ance to affected entities, or to governmental entities for
disbursement to affected entities, 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 facilities 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 effects 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 Fish-
eries Act of 1986 (16 U.S.C. 4107(d)).
‘‘(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 conditioned upon a commit-
ment 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
16 USC 1864.
15 USC 1861a
note.
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308 of the Interjurisdictional Fisheries 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.—Section 308(d)(3)
of the Interjurisdictional Fisheries Act (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 participating in the program a com-
prehensive economic and socio-economic evaluation of the affected
region’s fisheries to assist the Governor in assessing the current
and future economic 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.
‘‘(d) CATASTROPHIC REGIONAL FISHERY DISASTER DEFINED.—
In this section the term ‘catastrophic regional fishery disaster’
means a natural disaster, including a hurricane or tsunami, or
a regulatory closure (including regulatory closures resulting from
judicial action) to protect human health or the marine environment,
that—
‘‘(1) results in economic losses to coastal or fishing commu-
nities;
‘‘(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
‘‘(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this 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 Klamath 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 Representatives Committee on Resources on—
(A) the actions taken under the recovery plan and
other law relating to recovery of Klamath 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 conditions as they relate
to salmon health and recovery, with emphasis on the
Klamath River and its tributaries below Iron Gate Dam;
(C) the status of other Klamath River anadromous
fish populations, particularly Chinook salmon; and
Deadline.
16 USC 460ss
note.
Deadline.
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(D) the actions taken by the Secretary to address the
calendar year 2003 National Research Council rec-
ommendations regarding monitoring and research on
Klamath River Basin salmon stocks.
(c) OREGON AND CALIFORNIA SALMON FISHERY.—Federally rec-
ognized Indian tribes and small businesses, including fishermen,
fish processors, and related businesses serving the fishing industry,
adversely affected by Federal closures and fishing restrictions in
the Oregon and California 2006 fall Chinook salmon fishery are
eligible to receive direct assistance under section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(a)) and section 308(d) of the Interjurisdictional Fish-
eries Act of 1986 (16 U.S.C. 4107(d)). The Secretary may use no
more than 4 percent of any monetary assistance to pay for adminis-
trative costs.
SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) LOAN ASSISTANCE.—Subject to availability of appropriations,
the Secretary of Commerce shall provide assistance to eligible
holders of fishery finance program loans and allocate such assist-
ance 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 speci-
fied 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 information 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 expended by the
holder during the calendar year to repair or replace covered
vessels or facilities, or to invest in new fisheries infrastructure
within or for use within the declared fisheries disaster area;
or
(2) cancel the amount of debt equal to 100 hundred percent
of actual expenditures on eligible repairs, reinvestment, expan-
sion, or new investment in fisheries infrastructure in the dis-
aster region, or repairs 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 Assist-
ance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane
Katrina or Hurricane Rita.
(2) ELIGIBLE HOLDER.—The term ‘‘eligible holder’’ means
the holder of a fishery finance program loan if—
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(A) that loan is used to guarantee or finance any fishing
vessel or fish processing facility 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 invests in new fisheries
infrastructure within or for use within the declared fish-
eries 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 program 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 commercial and rec-
reational 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.
(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 regulations; and
(2) the remainder of the amounts shall be used for—
(A) personal assistance, with priority given to food,
energy needs, housing assistance, transportation fuel, and
other urgent needs;
(B) assistance for small businesses, including fisher-
men, fish processors, and related businesses serving the
fishing industry;
(C) domestic product marketing and seafood promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for the
fishery;
(F) funding or other incentives to ensure widespread
and proper use of turtle excluder devices and bycatch reduc-
tion devices in the fishery; and
(G) voluntary capacity reduction programs for shrimp
fisheries under limited access programs.
(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.
State listing.
16 USC 1864
note.
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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 PROGRAM.—Not later
than 1 year after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006, the Secretary, in cooperation 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
engineering changes designed to minimize bycatch, seabird inter-
actions, bycatch mortality, and post-release mortality in Federally
managed fisheries. The program shall—
‘‘(1) be regionally based;
‘‘(2) be coordinated with projects conducted under the
cooperative research and management program established
under this Act;
‘‘(3) provide information and outreach to fishery partici-
pants 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 incorporate results of the
program in Council actions and provide incentives for adoption
of methods developed under the program in fishery manage-
ment plans developed by the Councils.
‘‘(b) INCENTIVES.—Any fishery management plan prepared 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 mortality in fisheries under the Council’s
or Secretary’s jurisdiction, 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
‘‘(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 industry to improve informa-
tion 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 organiza-
tions to reduce seabird interactions in fisheries.
‘‘(d) REPORT.—The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Resources that—
‘‘(1) describes funding provided to implement this section;
‘‘(2) describes developments in gear technology achieved
under this section; and
Deadline.
16 USC 1865.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(3) describes improvements and reduction in bycatch and
seabird interactions associated with implementing this section,
as well as proposals to address remaining bycatch or seabird
interaction problems.’’.
(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 per-
cent.’’ in paragraph (1)(B)(ii)(II) and inserting ‘‘total alloca-
tion (directed and nontarget combined) of 10.7 percent.’’;
(C) by inserting after paragraph (1)(B)(ii) the following:
‘‘The total allocation (directed and nontarget combined)
for a fishery to which subclause (I) or (II) applies
may not be exceeded.’’; and
(D) by inserting ‘‘Voluntary transfers by and among
eligible entities shall be allowed, whether before or after
harvesting. Notwithstanding 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 Sec-
retary based on the nontarget needs of eligible entities
in the absence of a panel decision.’’ after ‘‘2006.’’ in para-
graph (1)(C).
(2) EFFECTIVE
DATE.—The allocation percentage in sub-
clause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(i)(1)(B)(ii)), as amended by paragraph (1) of this sub-
section, shall be in effect in 2007 with respect to any sector
of a fishery to which such subclause applies and in which
a fishing cooperative is established in 2007, and such sector’s
2007 allocation shall be reduced by a pro rata amount to
accomplish such increased allocation to the program. For pur-
poses 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 fishery management council
or Federal agency, if a majority of the participants in the
sector are participants 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 restoration 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 restoring fishery and
coastal habitat;
16 USC 1891a.
16 USC 1855
note.
Applicability.
Effective date.
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PUBLIC LAW 109–479—JAN. 12, 2007
(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;
Extension.
Hawaii.
Territories.
16 USC 1866.
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(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
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‘‘(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
Applicability.
Deadline.
Alaska.
Fees.
Certification.
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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
Applicability.
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PUBLIC LAW 109–479—JAN. 12, 2007
or vessel that receives, purchases, or arranges to purchase
unprocessed crab, that is located on shore or moored within
the harbor.
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 identification and con-
tact information) of individuals who engage in recreational
fishing—
‘‘(i) in the Exclusive Economic Zone;
‘‘(ii) for anadromous species; or
‘‘(iii) for Continental Shelf fishery resources beyond
the Exclusive Economic Zone; and
‘‘(B) if appropriate, the registration (including the
ownership, operator, and identification of the vessel) of
vessels used in such fishing.
‘‘(2) STATE PROGRAMS.—The Secretary shall exempt from
registration under the program recreational fishermen and
charter fishing vessels licensed, 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 recreational fisheries
statistical surveys, or evaluating the effects of proposed con-
servation and management measures for marine recreational
fisheries.
‘‘(3) DATA COLLECTION.—
‘‘(A) IMPROVEMENT
OF
THE
MARINE
RECREATIONAL
FISHERY STATISTICS SURVEY.—Within 24 months after the
date of enactment of the Magnuson-Stevens Fishery Con-
servation and Management Reauthorization Act of 2006,
the Secretary, in consultation with representatives of the
recreational fishing industry and experts in statistics, tech-
nology, and other appropriate fields, shall establish a pro-
gram to improve the quality and accuracy of information
generated by the Marine Recreational Fishery Statistics
Survey, with a goal of achieving acceptable accuracy and
utility for each individual fishery.
‘‘(B) NRC REPORT RECOMMENDATIONS.—The program
shall take into consideration and, to the extent feasible,
implement the recommendations of the National Research
Council in its report Review of Recreational Fisheries
Survey Methods (2006), including—
‘‘(i) redesigning the Survey to improve the effective-
ness and appropriateness of sampling and estimation
procedures, its applicability to various kinds of
Deadline.
Exemption.
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PUBLIC LAW 109–479—JAN. 12, 2007
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 effi-
ciently and effectively, the program 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;
‘‘(iv) development of a weather corrective factor
that can be applied to recreational catch and effort
estimates; and
‘‘(v) an independent committee composed of rec-
reational fishermen, academics, persons with expertise
in stock assessments and survey design, and appro-
priate personnel from the National Marine Fisheries
Service to review the collection estimates, geographic,
and other variables related to dockside intercepts and
to identify deficiencies in recreational data collection,
and possible correction measures.
‘‘(D) DEADLINE.—The Secretary shall complete the pro-
gram under this paragraph and implement the improved
Marine Recreational Fishery Statistics Survey not later
than January 1, 2009.
‘‘(4) REPORT.—Within 24 months after establishment of
the program, the Secretary shall submit a report to Congress
that describes the progress made toward achieving the goals
and objectives of the program.’’.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended—
(1) by striking ‘‘(a) COUNCIL REQUESTS.—’’ in the subsection
heading and inserting ‘‘(a) COLLECTION PROGRAMS.—’’;
(2) by resetting the text following ‘‘(a) COLLECTION PRO-
GRAMS.—’’ as a new paragraph 2 ems from the left margin;
(3) by inserting ‘‘(1) COUNCIL REQUESTS.—’’ before ‘‘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, imple-
menting, revising, or monitoring a fishery management plan,
or for determining whether a fishery is in need of management,
the Secretary may, by regulation, implement an information
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collection or observer program requiring submission of such
additional information for the fishery.’’.
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 paragraph (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 fisheries 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 employees who
are responsible for fishery management plan development,
monitoring, or enforcement;
‘‘(B) to State or Marine Fisheries Commission
employees as necessary to further the Department’s mis-
sion, 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 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 
written
authorization from the person submitting such information
to release such information to persons for reasons not other-
wise 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 determination 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 confidential and
shall not be disclosed, except in accordance with the require-
ments of subparagraphs (A) through (H) of paragraph (1), or—
‘‘(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific Council
to allow disclosure to the public of weekly summary bycatch
information identified by vessel or for haul-specific bycatch
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 collection of observer informa-
tion, pursuant to a confidentiality agreement between the
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observers, observer employers, and the Secretary prohib-
iting disclosure of the information by the observers or
observer employers, in order—
‘‘(i) to allow the sharing of observer information
among observers and between observers and observer
employers as necessary to train and prepare observers
for deployments on specific vessels; or
‘‘(ii) to validate the accuracy of the observer
information collected.’’; and
(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 section 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 identified under this Act
and under any other marine resource laws enforced by the Sec-
retary. The program shall be implemented on a regional basis
and shall be developed and conducted through partnerships among
Federal, State, and Tribal managers and scientists (including inter-
state 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 avail-
able under the program for the support of projects to address
critical needs identified by the Councils in consultation with the
Secretary. The program shall promote and encourage efforts to
utilize sources of data maintained by other Federal agencies, State
agencies, or academia for use in such projects.
‘‘(c) FUNDING.—In making funds available the Secretary shall
award funding on a competitive basis and based on regional fishery
management needs, select programs that form part of a coherent
program of research focused on solving priority issues identified
by the Councils, and shall give priority to the following projects:
‘‘(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing vessels
or acoustic or other marine technology.
‘‘(2) Projects to assess the amount and type of bycatch
or post-release mortality occurring in a fishery.
‘‘(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality, reduction
of bycatch in high seas fisheries, and transfer of such fishing
technologies to other nations.
‘‘(4) Projects for the identification of habitat areas of par-
ticular concern and for habitat conservation.
‘‘(5) Projects designed to collect and compile economic and
social data.
‘‘(d) EXPERIMENTAL PERMITTING PROCESS.—Not later than 180
days after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary, in consultation with the Councils, shall promulgate regu-
lations that create an expedited, uniform, and regionally-based
Deadline.
Regulations.
16 USC 1867.
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process to promote issuance, where practicable, of experimental
fishing permits.
‘‘(e) GUIDELINES.—The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that participation
in a research project funded under this section does not result
in loss of a participant’s catch history or unexpended days-at-
sea as part of a limited entry system.
‘‘(f) EXEMPTED PROJECTS.—The procedures of this section shall
not apply to research funded by quota set-asides in a fishery.’’.
SEC. 205. HERRING STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 204,
is further amended by adding at the end the following:
‘‘SEC. 319. HERRING STUDY.
‘‘(a) IN GENERAL.—The Secretary may conduct a cooperative
research program to study the issues of abundance, distribution
and the role of herring as forage fish for other commercially impor-
tant fish stocks in the Northwest Atlantic, and the potential for
local scale depletion from herring harvesting and how it relates
to other fisheries in the Northwest Atlantic. In planning, designing,
and implementing this program, the Secretary shall engage multiple
fisheries sectors and stakeholder groups concerned with herring
management.
‘‘(b) REPORT.—The Secretary shall present the final results
of this study to Congress within 3 months following the completion
of the study, and an interim report at the end of fiscal year 2008.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $2,000,000 for fiscal year 2007 through fiscal
year 2009 to conduct this study.’’.
SEC. 206. RESTORATION STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 205,
is further amended by adding at the end the following:
‘‘SEC. 320. RESTORATION STUDY.
‘‘(a) IN GENERAL.—The Secretary may conduct a study to update
scientific information and protocols needed to improve restoration
techniques for a variety of coast habitat types and synthesize the
results in a format easily understandable by restoration practi-
tioners and local communities.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $500,000 for fiscal year 2007 to conduct this
study.’’.
SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.
Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855
note) is amended—
(1) by striking ‘‘and the Secretary of the Interior are’’
in paragraph (1) and inserting ‘‘is’’;
(2) by striking ‘‘not less than three and not more than
five’’ in paragraph (1); and
(3) by striking paragraph (6) and inserting the following:
‘‘(6) In this subsection the term ‘Western Pacific community’
means a community eligible to participate under section
305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(2)(B)(i)
through (iv)).’’.
16 USC 1869.
16 USC 1868.
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SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.
(a) IN GENERAL.—The Secretary shall establish and maintain
a fund, to be known as the ‘‘Fisheries Conservation and Manage-
ment Fund’’, which shall consist of amounts retained and deposited
into the Fund under subsection (c).
(b) PURPOSES.—Subject to the allocation of funds described
in subsection (d), amounts in the Fund shall be available to the
Secretary of Commerce, without appropriation or fiscal year limita-
tion, to disburse as described in subsection (e) for—
(1) efforts to improve fishery harvest data collection
including—
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage
through the expanded use of electronic monitoring devices
and satellite tracking systems such as VMS on small ves-
sels;
(2) cooperative fishery research and analysis, in collabora-
tion with fishery participants, academic institutions, community
residents, and other interested parties;
(3) development of methods or new technologies to improve
the quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health bene-
fits and risks, including levels of contaminants and, where
feasible, the source of such contaminants;
(5) marketing of sustainable United States fishery products,
including consumer education regarding the health or other
benefits of wild fishery products harvested by vessels of the
United States;
(6) improving data collection under the Marine Recreational
Fishery Statistics Survey in accordance with section 401(g)(3)
of the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1881(g)(3)); and
(7) providing financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.), and
other Federal laws in pari materia.
(c) DEPOSITS TO THE FUND.—
(1) QUOTA
SET-ASIDES.—Any amount generated through
quota set-asides established by a Council under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) and designated by the Council for inclusion in
the Fishery Conservation and Management Fund, may be
deposited in the Fund.
(2) OTHER FUNDS.—In addition to amounts received pursu-
ant to paragraph (1) of this subsection, the Fishery Conserva-
tion and Management Fund may also receive funds from—
(A) appropriations for the purposes of this section;
and
(B) States or other public sources or private or non-
profit organizations for purposes of this section.
(d) REGIONAL ALLOCATION.—The Secretary shall, every 2 years,
apportion monies from the Fund among the eight Council regions
according to recommendations of the Councils, based on regional
priorities identified through the Council process, except that no
16 USC 1891b.
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region shall receive less than 5 percent of the Fund in each alloca-
tion period.
(e) LIMITATION ON THE USE OF THE FUND.—No amount made
available from the Fund may be used to defray the costs of carrying
out requirements of this Act or the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) other
than those uses identified in this section.
SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE
PURPOSES.
Section 53706(a)(7) of title 46, United States Code, is amended
to read as follows:
‘‘(7) Financing or refinancing—
‘‘(A) the purchase of individual fishing quotas in accord-
ance with section 303(d)(4) of the Magnuson-Stevens
Fishery Conservation and Management Act (including the
reimbursement of obligors for expenditures previously
made for such a purchase);
‘‘(B) activities that assist in the transition to reduced
fishing capacity; or
‘‘(C) technologies or upgrades designed to improve
collection and reporting of fishery-dependent data, to
reduce bycatch, to improve selectivity or reduce adverse
impacts of fishing gear, or to improve safety.’’.
SEC. 210. REGIONAL ECOSYSTEM RESEARCH.
Section 406 (16 U.S.C. 1882) is amended by adding at the
end the following:
‘‘(f) REGIONAL ECOSYSTEM RESEARCH.—
‘‘(1) STUDY.—Within 180 days after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Manage-
ment Reauthorization Act of 2006, the Secretary, in consulta-
tion with the Councils, shall undertake and complete a study
on the state of the science for advancing the concepts and
integration of ecosystem considerations in regional fishery
management. The study should build upon the recommenda-
tions of the advisory panel and include—
‘‘(A) recommendations for scientific data, information
and technology requirements for understanding ecosystem
processes, and methods for integrating such information
from a variety of federal, state, and regional sources;
‘‘(B) recommendations for processes for incorporating
broad stake holder participation;
‘‘(C) recommendations for processes to account for
effects of environmental variation on fish stocks and fish-
eries; and
‘‘(D) a description of existing and developing council
efforts to implement ecosystem approaches, including les-
sons learned by the councils.
‘‘(2) AGENCY TECHNICAL ADVICE AND ASSISTANCE, REGIONAL
PILOT PROGRAMS.—The Secretary is authorized to provide nec-
essary technical advice and assistance, including grants, to
the Councils for the development and design of regional pilot
programs that build upon the recommendations of the advisory
panel and, when completed, the study.’’.
Deadline.
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SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at
the end the following:
‘‘SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
‘‘(a) IN GENERAL.—The Secretary, in consultation with appro-
priate regional fishery management councils and in coordination
with other federal agencies and educational institutions, shall, sub-
ject to the availability of appropriations, establish a program—
‘‘(1) to identify existing research on, and known locations
of, deep sea corals and submit such information to the appro-
priate Councils;
‘‘(2) to locate and map locations of deep sea corals and
submit such information to the Councils;
‘‘(3) to monitor activity in locations where deep sea corals
are known or likely to occur, based on best scientific information
available, including through underwater or remote sensing tech-
nologies and submit such information to the appropriate Coun-
cils;
‘‘(4) to conduct research, including cooperative research
with fishing industry participants, on deep sea corals and
related species, and on survey methods;
‘‘(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions between
fishing gear and deep sea corals; and
‘‘(6) to prioritize program activities in areas where deep
sea corals are known to occur, and in areas where scientific
modeling or other methods predict deep sea corals are likely
to be present.
‘‘(b) REPORTING.—Beginning 1 year after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary, in consultation with
the Councils, shall submit biennial reports to Congress and the
public on steps taken by the Secretary to identify, monitor, and
protect deep sea coral areas, including summaries of the results
of mapping, research, and data collection performed under the
program.’’.
SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.
(a) IN GENERAL.—The Undersecretary of Commerce for Oceans
and Atmosphere shall execute an agreement with the National
Academy of Sciences to conduct, jointly, a multi-year, comprehensive
in-water study designed—
(1) to measure accurately the efforts and effects of shrimp
fishery efforts to utilize turtle excluder devices;
(2) to analyze the impact of those efforts on sea turtle
mortality, including interaction between turtles and shrimp
trawlers in the inshore, nearshore, and offshore waters of the
Gulf of Mexico and similar geographical locations in the waters
of the Southeastern United States; and
(3) to evaluate innovative technologies to increase shrimp
retention in turtle excluder devices while ensuring the protec-
tion of endangered and threatened sea turtles.
(b) OBSERVERS.—In conducting the study, the Undersecretary
shall ensure that observers are placed onboard commercial shrimp
fishing vessels where appropriate or necessary.
Contracts.
16 USC 1884.
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(c) INTERIM REPORTS.—During the course of the study and
until a final report is submitted to the Senate Committee on Com-
merce, Science, and Transportation and the House of Representa-
tives Committee on Resources, the National Academy of Sciences
shall transmit interim reports to the Committees biannually con-
taining a summary of preliminary findings and conclusions from
the study.
SEC. 213. HURRICANE EFFECTS ON COMMERCIAL AND RECREATION
FISHERY HABITATS.
(a) FISHERIES REPORT.—Within 180 days after the date of enact-
ment of this Act, the Secretary of Commerce shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Resources on the impact of Hurricane Katrina, Hurricane Rita,
and Hurricane Wilma on—
(1) commercial and recreational fisheries in the States of
Alabama, Louisiana, Florida, Mississippi, and Texas;
(2) shrimp fishing vessels in those States; and
(3) the oyster industry in those States.
(b) HABITAT REPORT.—Within 180 days after the date of enact-
ment of this Act, the Secretary of Commerce shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Resources on the impact of Hurricane Katrina, Hurricane Rita,
and Hurricane Wilma on habitat, including the habitat of shrimp
and oysters in those States.
(c) HABITAT RESTORATION.—The Secretary shall carry out
activities to restore fishery habitats, including the shrimp and
oyster habitats in Louisiana and Mississippi.
SEC. 214. NORTH PACIFIC FISHERIES CONVENTION.
Section 313 (16 U.S.C. 1862) is amended—
(1) by striking ‘‘all fisheries under the Council’s jurisdiction
except salmon fisheries’’ in subsection (a) and inserting ‘‘any
fishery under the Council’s jurisdiction except a salmon
fishery’’;
(2) by striking subsection (a)(2) and inserting the following:
‘‘(2) establishes a system, or system, of fees, which may
vary by fishery, management area, or observer coverage level,
to pay for the cost of implementing the plan.’’;
(3) by striking ‘‘observers’’ in subsection (b)(2)(A) and
inserting ‘‘observers, or electronic monitoring systems,’’;
(4) by inserting ‘‘a fixed amount reflecting actual observer
costs as described in subparagraph (A) or’’ in subsection
(b)(2)(E) after ‘‘expressed as’’;
(5) by inserting ‘‘some or’’ in subsection (b)(2)(F) after
‘‘against’’;
(6) by inserting ‘‘or an electronic monitoring system’’ after
‘‘observer’’ in subsection (b)(2)(F);
(7) by striking ‘‘and’’ after the semicolon in subsection
(b)(2)(H); and
(8) by redesignating subparagraph (I) of subsection (b)(2)
as subparagraph (J) and inserting after subparagraph (H) the
following:
‘‘(I) provide that fees collected will be credited against
any fee for stationing observers or electronic monitoring sys-
tems on board fishing vessels and United States fish processors
State listing.
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and the actual cost of inputting collected data to which a
fishing vessel or fish processor is subject under section 304(d)
of this Act; and’’.
SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.
(a) REVIEW.—The Secretary of Commerce shall conduct a
unique, thorough examination of the potential impact on all affected
and interested parties of Framework 42 to the Northeast Multispe-
cies Fishery Management Plan.
(b) REPORT.—The Secretary shall report the Secretary’s findings
under subsection (a) within 30 days after the date of enactment
of this Act. The Secretary shall include in the report a detailed
discussion of each of the following:
(1) The economic and social implications for affected parties
within the fishery, including potential losses to infrastructure,
expected from the imposition of Framework 42.
(2) The estimated average annual income generated by
fishermen in New England, separated by State and vessel size,
and the estimated annual income expected after the imposition
of Framework 42.
(3) Whether the differential days-at-sea counting imposed
by Framework 42 would result in a reduction in the number
of small vessels actively participating in the New England
Fishery.
(4) The percentage and approximate number of vessels
in the New England fishery, separated by State and vessel
type, that are incapable of fishing outside the areas designated
in Framework 42 for differential days-at-sea counting.
(5) The percentage of the annual groundfish catch in the
New England fishery that is harvested by small vessels.
(6) The current monetary value of groundfish permits in
the New England fishery and the actual impact that the poten-
tial imposition of Framework 42 is having on such value.
(7) Whether permitting days-at-sea to be leased is altering
the market value for groundfish permits or days-at-sea in New
England.
(8) Whether there is a substantially high probability that
the biomass targets used as a basis for Amendment 13 remain
achievable.
(9) An identification of the year in which the biomass
targets used as a basis for Amendment 13 were last evident
or achieved, and the evidence used to determine such date.
(10) Any separate or non-fishing factors, including environ-
mental factors, that may be leading to a slower rebuilding
of groundfish than previously anticipated.
(11) The potential harm to the non-fishing environment
and ecosystem from the reduction in fishing resulting from
Framework 42 and the potential redevelopment of the coastal
land for other purposes, including potential for increases in
non-point source of pollution and other impacts.
SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.
The Mid-Atlantic Fishery Council, in consultation with the
New England Fishery Council, shall submit a report to the Senate
Committee on Commerce, Science, and Transportation within 9
months after the date of enactment of this Act—
(1) describing the role of council liaisons between the Mid-
Atlantic and New England Councils, including an explanation
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of council policies regarding the liaison’s role in Council deci-
sion-making since 1996;
(2) describing how management actions are taken regarding
the operational aspects of current joint fishery management
plans, and how such joint plans may undergo changes through
amendment or framework processes;
(3) evaluating the role of the New England Fishery Council
and the Mid-Atlantic Fishery Council liaisons in the develop-
ment and approval of management plans for fisheries in which
the liaisons or members of the non-controlling Council have
a demonstrated interest and significant current and historical
landings of species managed by either Council;
(4) evaluating the effectiveness of the various approaches
developed by the Councils to improve representation for affected
members of the non-controlling Council in Council decision-
making, such as use of liaisons, joint management plans, and
other policies, taking into account both the procedural and
conservation requirements of the Magnuson-Stevens Fishery
Conservation and Management Act; and
(5) analyzing characteristics of North Carolina and Florida
that supported their inclusion as voting members of more than
one Council and the extent to which those characteristics sup-
port Rhode Island’s inclusion on a second Council (the Mid-
Atlantic Council).
SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS
WITH POST- BACCALAUREATE DEGREES IN SUBJECTS
RELATED TO FISHERY SCIENCE.
(a) IN GENERAL.—The Secretary of Commerce and the Secretary
of Education shall collaborate to conduct a study of—
(1) whether there is a shortage in the number of individuals
with post-baccalaureate degrees in subjects related to fishery
science, including fishery oceanography, fishery ecology, and
fishery anthropology, who have the ability to conduct high
quality scientific research in fishery stock assessment, fishery
population dynamics, and related fields, for government, non-
profit, and private sector entities;
(2) what Federal programs are available to help facilitate
the education of students hoping to pursue these degrees; and
(3) what institutions of higher education, the private sector,
and the Congress could do to try to increase the number of
individuals with such post-baccalaureate degrees.
(b) REPORT.—Not later than 8 months after the date of enact-
ment of this Act, the Secretaries of Commerce and Education shall
transmit a report to each committee of Congress with jurisdiction
over the programs referred to in subsection (a), detailing the
findings and recommendations of the study under this section.
SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM.
Section 802 of Public Law 108–199 (118 Stat. 110) is amended
by striking ‘‘2 years’’ and inserting ‘‘5 years’’.
TITLE III—OTHER FISHERIES STATUTES
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.
(a) CIVIL PENALTIES.—Section 8(a) of the Northern Pacific Hal-
ibut Act of 1982 (16 U.S.C. 773f(a)) is amended—
16 USC 1851
note.
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(1) by striking ‘‘$25,000’’ and inserting ‘‘$200,000’’;
(2) by striking ‘‘violation, the degree of culpability, and
history of prior offenses, ability to pay,’’ in the fifth sentence
and inserting ‘‘violator, the degree of culpability, any history
of prior offenses,’’; and
(3) by adding at the end the following: ‘‘In assessing such
penalty, the Secretary may also consider any information pro-
vided by the violator relating to the ability of the violator
to pay if the information is provided to the Secretary at least
30 days prior to an administrative hearing.’’.
(b) PERMIT SANCTIONS.—Section 8 of the Northern Pacific Hal-
ibut Act of 1982 (16 U.S.C. 773f) is amended by adding at the
end the following:
‘‘(e) REVOCATION OR SUSPENSION OF PERMIT.—
‘‘(1) IN
GENERAL.—The Secretary may take any action
described in paragraph (2) in any case in which—
‘‘(A) a vessel has been used in the commission of any
act prohibited under section 7;
‘‘(B) the owner or operator of a vessel or any other
person who has been issued or has applied for a permit
under this Act has acted in violation of section 7; or
‘‘(C) any amount in settlement of a civil forfeiture
imposed on a vessel or other property, or any civil penalty
or criminal fine imposed on a vessel or owner or operator
of a vessel or any other person who has been issued or
has applied for a permit under any marine resource law
enforced by the Secretary has not been paid and is overdue.
‘‘(2) PERMIT-RELATED ACTIONS.—Under the circumstances
described in paragraph (1) the Secretary may—
‘‘(A) revoke any permit issued with respect to such
vessel or person, with or without prejudice to the issuance
of subsequent permits;
‘‘(B) suspend such permit for a period of time consid-
ered by the Secretary to be appropriate;
‘‘(C) deny such permit; or
‘‘(D) impose additional conditions and restrictions on
any permit issued to or applied for by such vessel or person
under this Act and, with respect to any foreign fishing
vessel, on the approved application of the foreign nation
involved and on any permit issued under that application.
‘‘(3) FACTORS TO BE CONSIDERED.—In imposing a sanction
under this subsection, the Secretary shall take into account—
‘‘(A) the nature, circumstances, extent, and gravity of
the prohibited acts for which the sanction is imposed; and
‘‘(B) with respect to the violator, the degree of culpa-
bility, any history of prior offenses, and such other matters
as justice may require.
‘‘(4) TRANSFERS OF OWNERSHIP.—Transfer of ownership of
a vessel, a permit, or any interest in a permit, by sale or
otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, permit,
or interest in a permit, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the existence
of any permit sanction that will be in effect or pending with
respect to the vessel, permit, or interest at the time of the
transfer.
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‘‘(5) REINSTATEMENT.—In the case of any permit that is
suspended under this subsection for nonpayment of a civil
penalty, criminal fine, or any amount in settlement of a civil
forfeiture, the Secretary shall reinstate the permit upon pay-
ment of the penalty, fine, or settlement amount and interest
thereon at the prevailing rate.
‘‘(6) HEARING.—No sanction shall be imposed under this
subsection unless there has been prior opportunity for a hearing
on the facts underlying the violation for which the sanction
is imposed either in conjunction with a civil penalty proceeding
under this section or otherwise.
‘‘(7) PERMIT DEFINED.—In this subsection, the term ‘permit’
means any license, certificate, approval, registration, charter,
membership, exemption, or other form of permission issued
by the Commission or the Secretary, and includes any quota
share or other transferable quota issued by the Secretary.’’.
(c) CRIMINAL PENALTIES.—Section 9(b) of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended—
(1) by striking ‘‘$50,000’’ and inserting ‘‘$200,000’’; and
(2) by striking ‘‘$100,000,’’ and inserting ‘‘$400,000,’’.
SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) ATLANTIC STRIPED BASS CONSERVATION ACT.—Section 7(a)
of the Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a))
is amended to read as follows:
‘‘(a) AUTHORIZATION.—For each of fiscal years 2007, 2008, 2009,
2010, 2011, there are authorized to be appropriated to carry out
this Act—
‘‘(1) $1,000,000 to the Secretary of Commerce; and
‘‘(2) $250,000 to the Secretary of the Interior.’’.
(b) YUKON RIVER SALMON ACT OF 2000.—Section 208 of the
Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended
by striking ‘‘$4,000,000 for each of fiscal years 2004 through 2008,’’
and inserting ‘‘$4,000,000 for each of fiscal years 2007 through
2011’’.
(c) SHARK FINNING PROHIBITION ACT.—Section 10 of the Shark
Finning Prohibition Act (16 U.S.C. 1822 note) is amended by
striking ‘‘fiscal years 2001 through 2005’’ and inserting ‘‘fiscal years
2007 through 2011’’.
(d) PACIFIC SALMON TREATY ACT.—
(1) TRANSFER
OF
SECTION
TO
ACT.—The text of section
623 of title VI of H.R. 3421 (113 Stat. 1501A–56), as introduced
on November 17, 1999, enacted into law by section 1000(a)(1)
of the Act of November 29, 1999 (Public Law 106–113), and
amended by Public Law 106–533 (114 Stat. 2762A–108)—
(A) is transferred to the Pacific Salmon Treaty Act
(16 U.S.C. 3631 et seq.) and inserted after section 15;
and
(B) amended—
(i) by striking ‘‘SEC. 623.’’; and
(ii) inserting before ‘‘(a) NORTHERN FUND
AND
SOUTHERN FUND.—’’ the following:
16 USC 3645.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTA-
TION; ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS.’’.
(2) REAUTHORIZATION.—Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by paragraph (1), is
amended—
(1) by inserting ‘‘sustainable salmon fisheries,’’ after
‘‘enhancement,’’;
(2) by inserting ‘‘2005, 2006, 2007, 2008, and 2009,’’ after
‘‘2003,’’; and
(3) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’.
(e) STATE AUTHORITY FOR DUNGENESS CRAB FISHERY MANAGE-
MENT.—Section 203 of Public Law 105–384 (16 U.S.C. 1856 note)
is amended—
(1) by striking ‘‘September 30, 2006.’’ in subsection (i) and
inserting ‘‘September 30, 2016.’’;
(2) by striking ‘‘health’’ in subsection (j) and inserting
‘‘status’’; and
(3) by striking ‘‘California.’’ in subsection (j) and inserting
‘‘California, including—
‘‘(1) stock status and trends throughout its range;
‘‘(2) a description of applicable research and scientific
review processes used to determine stock status and trends;
and
‘‘(3) measures implemented or planned that are designed
to prevent or end overfishing in the fishery.’’.
(f) PACIFIC FISHERY MANAGEMENT COUNCIL.—
(1) IN GENERAL.—The Pacific Fishery Management Council
shall develop a proposal for the appropriate rationalization
program for the Pacific trawl groundfish and whiting fisheries,
including the shore-based sector of the Pacific whiting fishery
under its jurisdiction. The proposal may include only the Pacific
whiting fishery, including the shore-based sector, if the Pacific
Council determines that a rationalization plan for the fishery
as a whole cannot be achieved before the report is required
to be submitted under paragraph (3).
(2) REQUIRED
ANALYSIS.—In developing the proposal to
rationalize the fishery, the Pacific Council shall fully analyze
alternative program designs, including the allocation of limited
access privileges to harvest fish to fishermen and processors
working together in regional fishery associations or some other
cooperative manner to harvest and process the fish, as well
as the effects of these program designs and allocations on
competition and conservation. The analysis shall include an
assessment of the impact of the proposal on conservation and
the economics of communities, fishermen, and processors
participating in the trawl groundfish fisheries, including the
shore-based sector of the Pacific whiting fishery.
(3) REPORT.—The Pacific Council shall submit the proposal
and related analysis to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources no later than 24 months after the
date of enactment of this Act.
(g) REAUTHORIZATION OF THE INTERJURISDICTIONAL FISHERIES
ACT OF 1986.—Section 308 of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107) is amended—
(1) by striking subsection (a) and inserting the following:
Proposal.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(a) GENERAL APPROPRIATIONS.—There are authorized to be
appropriated to the Secretary of Commerce for apportionment to
carry out the purposes of this title $5,000,000 for each of fiscal
years 2007 through 2012.’’; and
(2) by striking ‘‘$850,000 for each of fiscal years 2003
and 2004, and $900,000 for each of fiscal years 2005 and
2006’’ in subsection (c) and inserting ‘‘$900,000 for each of
fiscal years 2007 through 2012’’.
(h) REAUTHORIZATION AND AMENDMENT OF THE ANADROMOUS
FISH CONSERVATION ACT.—Section 4 of the Anadromous Fish Con-
servation Act (16 U.S.C. 757d) is amended to read as follows:
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out the
purposes of this Act not to exceed $4,500,000 for each of fiscal
years 2007 through 2012.’’.
(i) REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.—Section 211 of the Northwest Atlantic
Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended
by striking ‘‘2006’’ and inserting ‘‘2012’’.
TITLE IV—INTERNATIONAL
SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.
Title II (16 U.S.C. 1821 et seq.) is amended by adding at
the end the following:
‘‘SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.
‘‘(a) IN GENERAL.—The Secretary may undertake activities to
promote improved monitoring and compliance for high seas fish-
eries, or fisheries governed by international fishery management
agreements, and to implement the requirements of this title.
‘‘(b) SPECIFIC AUTHORITIES.—In carrying out subsection (a), the
Secretary may—
‘‘(1) share information on harvesting and processing
capacity and illegal, unreported and unregulated fishing on
the high seas, in areas covered by international fishery manage-
ment agreements, and by vessels of other nations within the
United States exclusive economic zone, with relevant law
enforcement organizations of foreign nations and relevant inter-
national organizations;
‘‘(2) further develop real time information sharing capabili-
ties, particularly on harvesting and processing capacity and
illegal, unreported and unregulated fishing;
‘‘(3) participate in global and regional efforts to build an
international network for monitoring, control, and surveillance
of high seas fishing and fishing under regional or global agree-
ments;
‘‘(4) support efforts to create an international registry or
database of fishing vessels, including by building on or
enhancing registries developed by international fishery manage-
ment organizations;
‘‘(5) enhance enforcement capabilities through the applica-
tion of commercial or governmental remote sensing technology
to locate or identify vessels engaged in illegal, unreported,
16 USC 1829.
16 USC 757d.
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or unregulated fishing on the high seas, including encroach-
ments into the exclusive economic zone by fishing vessels of
other nations;
‘‘(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and surveillance
capabilities; and
‘‘(7) support coordinated international efforts to ensure that
all large-scale fishing vessels operating on the high seas are
required by their flag State to be fitted with vessel monitoring
systems no later than December 31, 2008, or earlier if so
decided by the relevant flag State or any relevant international
fishery management organization.’’.
SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND
UNREGULATED FISHING.
Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of
this Act, is further amended by adding at the end the following:
‘‘(12) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other fishing
practices which may harm the sustainability of living marine
resources 
and 
disadvantage 
the 
United 
States 
fishing
industry.’’.
SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED
FISHING AND REDUCE BYCATCH OF PROTECTED MARINE
SPECIES.
(a) IN GENERAL.—Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended
by adding at the end the following:
‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
‘‘The Secretary, in consultation with the Secretary of State,
shall provide to Congress, by not later than 2 years after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, and every 2 years
thereafter, a report that includes—
‘‘(1) the state of knowledge on the status of international
living marine resources shared by the United States or subject
to treaties or agreements to which the United States is a
party, including a list of all such fish stocks classified as over-
fished, overexploited, depleted, endangered, or threatened with
extinction by any international or other authority charged with
management or conservation of living marine resources;
‘‘(2) a list of nations whose vessels have been identified
under section 609(a) or 610(a), including the specific offending
activities and any subsequent actions taken pursuant to section
609 or 610;
‘‘(3) a description of efforts taken by nations on those
lists to comply take appropriate corrective action consistent
with sections 609 and 610, and an evaluation of the progress
of those efforts, including steps taken by the United States
to implement those sections and to improve international
compliance;
‘‘(4) progress at the international level, consistent with
section 608, to strengthen the efforts of international fishery
management organizations to end illegal, unreported, or
unregulated fishing; and
16 USC 1826h.
Deadline.
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‘‘(5) steps taken by the Secretary at the international level
to adopt international measures comparable to those of the
United States to reduce impacts of fishing and other practices
on protected living marine resources, if no international agree-
ment to achieve such goal exists, or if the relevant international
fishery or conservation organization has failed to implement
effective measures to end or reduce the adverse impacts of
fishing practices on such species.
‘‘SEC. 
608. 
ACTION 
TO 
STRENGTHEN 
INTERNATIONAL 
FISHERY
MANAGEMENT ORGANIZATIONS.
‘‘The Secretary, in consultation with the Secretary of State,
and in cooperation with relevant fishery management councils and
any relevant advisory committees, shall take actions to improve
the effectiveness of international fishery management organizations
in conserving and managing fish stocks under their jurisdiction.
These actions shall include—
‘‘(1) urging international fishery management organizations
to which the United States is a member—
‘‘(A) to incorporate multilateral market-related meas-
ures against member or nonmember governments whose
vessels engage in illegal, unreported, or unregulated
fishing;
‘‘(B) to seek adoption of lists that identify fishing ves-
sels and vessel owners engaged in illegal, unreported, or
unregulated fishing that can be shared among all members
and other international fishery management organizations;
‘‘(C) to seek international adoption of a centralized
vessel monitoring system in order to monitor and document
capacity in fleets of all nations involved in fishing in areas
under an international fishery management organization’s
jurisdiction;
‘‘(D) to increase use of observers and technologies
needed to monitor compliance with conservation and
management measures established by the organization,
including vessel monitoring systems and automatic identi-
fication systems; and
‘‘(E) to seek adoption of stronger port state controls
in all nations, particularly those nations in whose ports
vessels engaged in illegal, unreported, or unregulated
fishing land or transship fish;
‘‘(2) urging international fishery management organizations
to which the United States is a member, as well as all members
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated
fishing, including—
‘‘(A) import prohibitions, landing restrictions, or other
market-based measures needed to enforce compliance with
international fishery management organization measures,
such as quotas and catch limits;
‘‘(B) import restrictions or other market-based meas-
ures to prevent the trade or importation of fish caught
by vessels identified multilaterally as engaging in illegal,
unreported, or unregulated fishing; and
‘‘(C) catch documentation and certification schemes to
improve tracking and identification of catch of vessels
engaged in illegal, unreported, or unregulated fishing,
16 USC 1826i.
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including advance transmission of catch documents to ports
of entry; and
‘‘(3) urging other nations at bilateral, regional, and inter-
national levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the
World Trade Organization to take all steps necessary, con-
sistent with international law, to adopt measures and policies
that will prevent fish or other living marine resources harvested
by vessels engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or territories.
‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
‘‘(a) IDENTIFICATION.—The Secretary shall identify, and list in
the report under section 607, a nation if fishing vessels of that
nation are engaged, or have been engaged at any point during
the preceding 2 years, in illegal, unreported, or unregulated
fishing—
‘‘(1) 
the 
relevant 
international 
fishery 
management
organization has failed to implement effective measures to end
the illegal, unreported, or unregulated fishing activity by ves-
sels of that nation or the nation is not a party to, or does
not maintain cooperating status with, such organization; or
‘‘(2) where no international fishery management organiza-
tion exists with a mandate to regulate the fishing activity
in question.
‘‘(b) NOTIFICATION.—An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the Presi-
dent and that nation of such identification.
‘‘(c) CONSULTATION.—No later than 60 days after submitting
a report to Congress under section 607, the Secretary, acting
through the Secretary of State, shall—
‘‘(1) notify nations listed in the report of the requirements
of this section;
‘‘(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels identi-
fied in the report; and
‘‘(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
‘‘(d) IUU CERTIFICATION PROCEDURE.—
‘‘(1) CERTIFICATION.—The Secretary shall establish a proce-
dure, consistent with the provisions of subchapter II of chapter
5 of title 5, United States Code, for determining if a nation
identified under subsection (a) and listed in the report under
section 607 has taken appropriate corrective action with respect
to the offending activities of its fishing vessels identified in
the report under section 607. The certification procedure shall
provide for notice and an opportunity for comment by any
such nation. The Secretary shall determine, on the basis of
the procedure, and certify to the Congress no later than 90
days after the date on which the Secretary promulgates a
final rule containing the procedure, and biennially thereafter
in the report under section 607—
Deadlines.
Regulations.
Deadline.
Notification.
16 USC 1826j.
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‘‘(A) whether the government of each nation identified
under subsection (a) has provided documentary evidence
that it has taken corrective action with respect to the
offending activities of its fishing vessels identified in the
report; or
‘‘(B) 
whether 
the 
relevant 
international 
fishery
management organization has implemented measures that
are effective in ending the illegal, unreported, or unregu-
lated fishing activity by vessels of that nation.
‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary may estab-
lish a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products from
a vessel of a harvesting nation not certified under paragraph
(1) if the Secretary determines that—
‘‘(A) the vessel has not engaged in illegal, unreported,
or unregulated fishing under an international fishery
management agreement to which the United States is a
party; or
‘‘(B) the vessel is not identified by an international
fishery management organization as participating in illegal,
unreported, or unregulated fishing activities.
‘‘(3) EFFECT OF CERTIFICATION.—
‘‘(A) IN GENERAL.—The provisions of section 101(a) and
section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a),
(b)(3), and (b)(4))—
‘‘(i) shall apply to any nation identified under sub-
section (a) that has not been certified by the Secretary
under this subsection, or for which the Secretary has
issued a negative certification under this subsection;
but
‘‘(ii) shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a
positive certification under this subsection.
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A)(i) 
does 
not
apply—
‘‘(i) to the extent that such provisions would apply
to sport fishing equipment or to fish or fish products
not managed under the applicable international fishery
agreement; or
‘‘(ii) if there is no applicable international fishery
agreement, to the extent that such provisions would
apply to fish or fish products caught by vessels not
engaged in illegal, unreported, or unregulated fishing.
‘‘(e) 
ILLEGAL, 
UNREPORTED, 
OR
UNREGULATED
FISHING
DEFINED.—
‘‘(1) IN GENERAL.—In this Act the term ‘illegal, unreported,
or unregulated fishing’ has the meaning established under para-
graph (2).
‘‘(2) SECRETARY TO DEFINE TERM WITHIN LEGISLATIVE GUIDE-
LINES.—Within 3 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary shall publish a
definition of the term ‘illegal, unreported, or unregulated
fishing’ for purposes of this Act.
‘‘(3) GUIDELINES.—The Secretary shall include in the defini-
tion, at a minimum—
Deadline.
Publication.
Applicability.
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‘‘(A) fishing activities that violate conservation and
management measures required under an international
fishery management agreement to which the United States
is a party, including catch limits or quotas, capacity restric-
tions, and bycatch reduction requirements;
‘‘(B) overfishing of fish stocks shared by the United
States, for which there are no applicable international con-
servation or management measures or in areas with no
applicable international fishery management organization
or agreement, that has adverse impacts on such stocks;
and
‘‘(C) fishing activity that has an adverse impact on
seamounts, hydrothermal vents, and cold water corals
located beyond national jurisdiction, for which there are
no applicable conservation or management measures or
in areas with no applicable international fishery manage-
ment organization or agreement.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES.
‘‘(a) IDENTIFICATION.—The Secretary shall identify, and list in
the report under section 607, a nation if—
‘‘(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices;
‘‘(A) in waters beyond any national jurisdiction that
result in bycatch of a protected living marine resource;
or
‘‘(B) beyond the exclusive economic zone of the United
States that result in bycatch of a protected living marine
resource shared by the United States;
‘‘(2) the relevant international organization for the con-
servation and protection of such resources or the relevant inter-
national or regional fishery organization has failed to imple-
ment effective measures to end or reduce such bycatch, or
the nation is not a party to, or does not maintain cooperating
status with, such organization; and
‘‘(3) the nation has not adopted a regulatory program gov-
erning such fishing practices designed to end or reduce such
bycatch that is comparable to that of the United States, taking
into account different conditions.
‘‘(b) CONSULTATION AND NEGOTIATION.—The Secretary, acting
through the Secretary of State, shall—
‘‘(1) notify, as soon as possible, other nations whose vessels
engage in fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
‘‘(2) initiate discussions as soon as possible with all foreign
governments which are engaged in, or which have persons
or companies engaged in, fishing activities or practices
described in subsection (a), for the purpose of entering into
bilateral and multilateral treaties with such countries to protect
such species;
‘‘(3) seek agreements calling for international restrictions
on fishing activities or practices described in subsection (a)
through the United Nations, the Food and Agriculture
Notification.
16 USC 1826k.
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Organization’s Committee on Fisheries, and appropriate inter-
national fishery management bodies; and
‘‘(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such
treaty consistent with the purposes and policies of this section.
‘‘(c) CONSERVATION CERTIFICATION PROCEDURE.—
‘‘(1) DETERMINATION.—The Secretary shall establish a
procedure consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, for determining
whether the government of a harvesting nation identified under
subsection (a) and listed in the report under section 607—
‘‘(A) has provided documentary evidence of the adoption
of a regulatory program governing the conservation of the
protected living marine resource that is comparable to that
of the United States, taking into account different condi-
tions, and which, in the case of pelagic longline fishing,
includes mandatory use of circle hooks, careful handling
and release equipment, and training and observer pro-
grams; and
‘‘(B) has established a management plan containing
requirements that will assist in gathering species-specific
data to support international stock assessments and con-
servation enforcement efforts for protected living marine
resources.
‘‘(2) PROCEDURAL
REQUIREMENT.—The procedure estab-
lished by the Secretary under paragraph (1) shall include notice
and opportunity for comment by any such nation.
‘‘(3) CERTIFICATION.—The Secretary shall certify to the Con-
gress by January 31, 2007, and biennially thereafter whether
each such nation has provided the documentary evidence
described in paragraph (1)(A) and established a management
plan described in paragraph (1)(B).
‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary shall estab-
lish a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products from
a vessel of a harvesting nation not certified under paragraph
(3) if the Secretary determines that such imports were har-
vested by practices that do not result in bycatch of a protected
marine species, or were harvested by practices that—
‘‘(A) are comparable to those of the United States,
taking into account different conditions, and which, in the
case of pelagic longline fishing, includes mandatory use
of circle hooks, careful handling and release equipment,
and training and observer programs; and
‘‘(B) include the gathering of species specific data that
can be used to support international and regional stock
assessments and conservation efforts for protected living
marine resources.
‘‘(5) EFFECT OF CERTIFICATION.—The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal, unre-
ported, or unregulated fishing) shall apply to any nation identi-
fied under subsection (a) that has not been certified by the
Secretary under this subsection, or for which the Secretary
Applicability.
Certification.
Deadlines.
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has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification under
this subsection.
‘‘(d) INTERNATIONAL COOPERATION
AND ASSISTANCE.—To the
greatest extent possible consistent with existing authority and the
availability of funds, the Secretary shall—
‘‘(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist
those nations in qualifying for certification under subsection
(c);
‘‘(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting tech-
niques, with those nations or organizations;
‘‘(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c); and
‘‘(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting
plans.
‘‘(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this
section the term ‘protected living marine resource’—
‘‘(1) means non-target fish, sea turtles, or marine mammals
that are protected under United States law or international
agreement, including the Marine Mammal Protection Act, the
Endangered Species Act, the Shark Finning Prohibition Act,
and the Convention on International Trade in Endangered Spe-
cies of Wild Flora and Fauna; but
‘‘(2) does not include species, except sharks, managed under
the Magnuson-Stevens Fishery Conservation and Management
Act, the Atlantic Tunas Convention Act, or any international
fishery management agreement.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) DENIAL OF PORT PRIVILEGES.—Section 101(b) of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b))
is amended by inserting ‘‘or illegal, unreported, or unregulated
fishing’’ after ‘‘fishing’’ in paragraph (1)(A)(i), paragraph (1)(B),
paragraph (2), and paragraph (4)(A)(i).
(2) DURATION OF DENIAL.—Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is
amended by inserting ‘‘or illegal, unreported , or unregulated
fishing’’ after ‘‘fishing’’.
SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) WAIVER
AUTHORITY.—Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ‘‘that is at least equal in
effectiveness to the program established by the Secretary;’’ and
inserting ‘‘or other monitoring program that the Secretary, in con-
sultation with the Western Pacific Management Council, determines
is adequate to monitor harvest, bycatch, and compliance with the
laws of the United States by vessels fishing under the agreement;’’.
(b) MARINE CONSERVATION PLANS.—Section 204(e)(4)(A)(i) (16
U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:
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‘‘(i) Pacific Insular Area observer programs, or other moni-
toring programs, that the Secretary determines are adequate
to monitor the harvest, bycatch, and compliance with the laws
of the United States by foreign fishing vessels that fish under
Pacific Insular Area fishing agreements;’’.
SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.
(a) IN GENERAL.—Section 10 of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this Act, including use for payment
of the United States share of the joint expenses of the Commission
as provided in Article X of the Convention—
‘‘(1) $5,770,000 for each of fiscal years 2007 and 2008;
‘‘(2) $6,058,000 for each of fiscal years 2009 and 2010;
and
‘‘(3) $6,361,000 for each of fiscal years 2011 and 2013.
‘‘(b) ALLOCATION.—Of the amounts made available under sub-
section (a) for each fiscal year—
‘‘(1) $160,000 are authorized for the advisory committee
established under section 4 of this Act and the species working
groups established under section 4A of this Act; and
‘‘(2) $7,500,000 are authorized for research activities under
this Act and section 3 of Public Law 96–339 (16 U.S.C. 971i),
of which $3,000,000 shall be for the cooperative research pro-
gram under section 3(b)(2)(H) of that section (16 U.S.C.
971i(b)(2)(H).’’.
(b) ATLANTIC BILLFISH COOPERATIVE RESEARCH PROGRAM.—
Section 3(b)(2) of Public Law 96–339 (16 U.S.C. 971i(b)(2)) is
amended—
(1) by striking ‘‘and’’ after the semicolon in subparagraph
(G);
(2) by redesignating subparagraph (H) as subparagraph
(I); and
(3) by inserting after subparagraph (G) the following:
‘‘(H) include a cooperative research program on Atlantic
billfish based on the Southeast Fisheries Science Center
Atlantic Billfish Research Plan of 2002; and’’.
(c) SENSE OF CONGRESS REGARDING FISH HABITAT.—Section
3 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a)
is amended by adding at the end the following:
‘‘(e) SENSE OF CONGRESS REGARDING FISH HABITAT.—It is the
sense of the Congress that the United States Commissioners should
seek to include ecosystem considerations in fisheries management,
including the conservation of fish habitat.’’.
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) INTERNATIONAL OVERFISHING.—Section 304 (16 U.S.C. 1854)
is amended by adding at the end thereof the following:
‘‘(i) INTERNATIONAL OVERFISHING.—The provisions of this sub-
section shall apply in lieu of subsection (e) to a fishery that the
Secretary determines is overfished or approaching a condition of
being overfished due to excessive international fishing pressure,
and for which there are no management measures to end overfishing
under an international agreement to which the United States is
a party. For such fisheries—
Applicability.
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‘‘(1) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the international
level to end the overfishing; and
‘‘(2) within 1 year after the Secretary’s determination, the
appropriate Council, or Secretary, for fisheries under section
302(a)(3) shall—
‘‘(A) develop recommendations for domestic regulations
to address the relative impact of fishing vessels of the
United States on the stock and, if developed by a Council,
the Council shall submit such recommendations to the
Secretary; and
‘‘(B) develop and submit recommendations to the Sec-
retary of State, and to the Congress, for international
actions that will end overfishing in the fishery and rebuild
the affected stocks, taking into account the relative impact
of vessels of other nations and vessels of the United States
on the relevant stock.’’.
(b) HIGHLY MIGRATORY SPECIES TAGGING RESEARCH.—Section
304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking ‘‘(16 U.S.C.
971d)’’ and inserting ‘‘(16 U.S.C. 971d), or highly migratory species
harvested in a commercial fishery managed by a Council under
this Act or the Western and Central Pacific Fisheries Convention
Implementation Act,’’.
SEC. 407. UNITED STATES CATCH HISTORY.
In establishing catch allocations under international fisheries
agreements, the Secretary, in consultation with the Secretary of
the Department in which the Coast Guard is operating, and the
Secretary of State, shall ensure that all catch history associated
with a vessel of the United States remains with the United States
and is not transferred or credited to any other nation or vessel
of such nation, including when a vessel of the United States is
sold or transferred to a citizen of another nation or to an entity
controlled by citizens of another nation.
SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL FISH-
ERIES.
(a) IN GENERAL.—The Secretary, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall designate
a Senate-confirmed, senior official within the National Oceanic and
Atmospheric Administration to perform the duties of the Secretary
with respect to international agreements involving fisheries and
other living marine resources, including policy development and
representation as a U.S. Commissioner, under any such inter-
national agreements.
(b) ADVICE.—The designated official shall, in consultation with
the Deputy Assistant Secretary for International Affairs and the
Administrator of the National Marine Fisheries Service, advise
the Secretary, Undersecretary of Commerce for Oceans and
Atmosphere, and other senior officials of the Department of Com-
merce and the National Oceanic and Atmospheric Administration
on development of policy on international fisheries conservation
and management matters.
(c) CONSULTATION.—The designated official shall consult with
the Senate Committee on Commerce, Science, and Transportation
and the House Committee on Resources on matters pertaining
to any regional or international negotiation concerning living marine
resources, including shellfish.
16 USC 1891d.
16 USC 1891c.
Deadline.
Recommen-
dations.
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PUBLIC LAW 109–479—JAN. 12, 2007
(d) DELEGATION.—The designated official may delegate and
authorize successive re-delegation of such functions, powers, and
duties to such officers and employees of the National Oceanic and
Atmospheric Administration as deemed necessary to discharge the
responsibility of the Office.
(e) EFFECTIVE DATE.—This section shall take effect on January
1, 2009.
TITLE V—IMPLEMENTATION OF WEST-
ERN AND CENTRAL PACIFIC FISH-
ERIES CONVENTION
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Western and Central Pacific
Fisheries Convention Implementation Act’’.
SEC. 502. DEFINITIONS.
In this title:
(1) 1982 CONVENTION.—The term ‘‘1982 Convention’’ means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) AGREEMENT.—The term ‘‘Agreement’’ means the Agree-
ment for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December
1982 relating to the Conservation and Management of Strad-
dling Fish Stocks and Highly Migratory Fish Stocks.
(3) COMMISSION.—The term ‘‘Commission’’ means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
established in accordance with this Convention.
(4) CONVENTION AREA.—The term ‘‘convention area’’ means
all waters of the Pacific Ocean bounded to the south and
to the east by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th par-
allel of south latitude to its intersection with the 150th meridian
of east longitude; thence due south along the 150th meridian
of east longitude to its intersection with the 60th parallel
of south latitude; thence due east along the 60th parallel of
south latitude to its intersection with the 130th meridian of
west longitude; thence due north along the 130th meridian
of west longitude to its intersection with the 4th parallel of
south latitude; thence due west along the 4th parallel of south
latitude to its intersection with the 150th meridian of west
longitude; thence due north along the 150th meridian of west
longitude.
(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive eco-
nomic zone’’ means the zone established by Presidential
Proclamation Numbered 5030 of March 10, 1983.
(6) FISHING.—The term ‘‘fishing’’ means—
(A) searching for, catching, taking, or harvesting fish;
(B) attempting to search for, catch, take, or harvest
fish;
16 USC 6901.
16 USC 6901
note.
Western and
Central Pacific
Fisheries
Convention
Implementation
Act.
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(C) engaging in any other activity which can reasonably
be expected to result in the locating, catching, taking, or
harvesting of fish for any purpose;
(D) placing, searching for, or recovering fish aggre-
gating devices or associated electronic equipment such as
radio beacons;
(E) any operations at sea directly in support of, or
in preparation for, any activity described in subparagraphs
(A) through (D), including transshipment; and
(F) use of any other vessel, vehicle, aircraft, or hover-
craft, for any activity described in subparagraphs (A)
through (E) except for emergencies involving the health
and safety of the crew or the safety of a vessel.
(7) FISHING VESSEL.—The term ‘‘fishing vessel’’ means any
vessel used or intended for use for the purpose of fishing,
including support ships, carrier vessels, and any other vessel
directly involved in such fishing operations.
(8) HIGHLY
MIGRATORY
FISH
STOCKS.—The term ‘‘highly
migratory fish stocks’’ means all fish stocks of the species
listed in Annex 1 of the 1982 Convention, except sauries, occur-
ring in the Convention Area, and such other species of fish
as the Commission may determine.
(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(10) STATE.—The term ‘‘State’’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and any other commonwealth, territory, or
possession of the United States.
(11) TRANSHIPMENT.—The term ‘‘transshipment’’ means the
unloading of all or any of the fish on board a fishing vessel
to another fishing vessel either at sea or in port.
(12) WCPFC CONVENTION; WESTERN AND CENTRAL PACIFIC
CONVENTION.—The terms ‘‘WCPFC Convention’’ and ‘‘Western
and Central Pacific Convention’’ means the Convention on the
Conservation and Management of the Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean, (including
any annexes, amendments, or protocols which are in force,
or have come into force, for the United States) which was
adopted at Honolulu, Hawaii, on September 5, 2000, by the
Multilateral High Level Conference on the Highly Migratory
Fish Stocks in the Western and Central Pacific Ocean.
SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.
(a) IN GENERAL.—The United States shall be represented on
the Commission by 5 United States Commissioners. The President
shall appoint individuals to serve on the Commission at the pleasure
of the President. In making the appointments, the President shall
select Commissioners from among individuals who are knowledge-
able or experienced concerning highly migratory fish stocks in the
Western and Central Pacific Ocean, one of whom shall be an officer
or employee of the Department of Commerce, and one of whom
shall be the chairman or a member of the Western Pacific Fishery
Management Council and the Pacific Fishery Management Council.
The Commissioners shall be entitled to adopt such rules of proce-
dures as they find necessary and to select a chairman from among
President.
16 USC 6902.
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members who are officers or employees of the United States Govern-
ment.
(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in
consultation with the Secretary, may designate from time to time
and for periods of time deemed appropriate Alternate United States
Commissioners to the Commission. Any Alternate United States
Commissioner may exercise at any meeting of the Commission,
Council, any Panel, or the advisory committee established pursuant
to subsection (d), all powers and duties of a United States Commis-
sioner in the absence of any Commissioner appointed pursuant
to subsection (a) of this section for whatever reason. The number
of such Alternate United States Commissioners that may be des-
ignated for any such meeting shall be limited to the number of
United States Commissioners appointed pursuant to subsection (a)
of this section who will not be present at such meeting.
(c) ADMINISTRATIVE MATTERS.—
(1) EMPLOYMENT
STATUS.—Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of—
(A) injury compensation under chapter 81 of title 5,
United States Code;
(B) 
requirements 
concerning 
ethics, 
conflicts 
of
interest, and corruption as provided under title 18, United
States Code; and
(C) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(2) COMPENSATION.—The United States Commissioners or
Alternate Commissioners, although officers of the United States
while so serving, shall receive no compensation for their services
as such Commissioners or Alternate Commissioners.
(3) TRAVEL EXPENSES.—
(A) The Secretary of State shall pay the necessary
travel expenses of United States Commissioners and Alter-
nate United States Commissioners in accordance with the
Federal Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(B) The Secretary may reimburse the Secretary of State
for amounts expended by the Secretary of State under
this subsection.
(d) ADVISORY COMMITTEES.—
(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.—
(A) MEMBERSHIP.—There is established an advisory
committee which shall be composed of—
(i) not less than 15 nor more than 20 individuals
appointed by the Secretary of Commerce in consulta-
tion with the United States Commissioners, who shall
select such individuals from the various groups con-
cerned with the fisheries covered by the WCPFC
Convention, providing, to the maximum extent prac-
ticable, an equitable balance among such groups;
(ii) the chair of the Western Pacific Fishery
Management Council’s Advisory Committee or the
chair’s designee; and
(iii) officials of the fisheries management authori-
ties of American Samoa, Guam, and the Northern Mar-
iana Islands (or their designees).
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120 STAT. 3638
PUBLIC LAW 109–479—JAN. 12, 2007
(B) TERMS
AND
PRIVILEGES.—Each member of the
advisory committee appointed under subparagraph (A)
shall serve for a term of 2 years and shall be eligible
for reappointment. The advisory committee shall be invited
to attend all non-executive meetings of the United States
Commissioners and at such meetings shall be given oppor-
tunity to examine and to be heard on all proposed programs
of investigation, reports, recommendations, and regulations
of the Commission.
(C) PROCEDURES.—The advisory committee established
by subparagraph (A) shall determine its organization, and
prescribe its practices and procedures for carrying out its
functions under this chapter, the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), and the WCPFC Convention. The advisory com-
mittee shall publish and make available to the public a
statement of its organization, practices, and procedures.
A majority of the members of the advisory committee shall
constitute a quorum. Meetings of the advisory committee,
except when in executive session, shall be open to the
public, and prior notice of meetings shall be made public
in a timely fashion. and the advisory committee shall not
be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
(D) PROVISION OF INFORMATION.—The Secretary and
the Secretary of State shall furnish the advisory committee
with relevant information concerning fisheries and inter-
national fishery agreements.
(2) ADMINISTRATIVE MATTERS.—
(A) SUPPORT SERVICES.—The Secretary shall provide
to advisory committees in a timely manner such adminis-
trative and technical support services as are necessary
for their effective functioning.
(B) COMPENSATION; STATUS; EXPENSES.—Individuals
appointed to serve as a member of an advisory committee—
(i) shall serve without pay, but while away from
their homes or regular places of business in the
performance of services for the advisory committee
shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United
States Code; and
(ii) shall be considered Federal employees while
performing service as members of an advisory com-
mittee only for purposes of—
(I) injury compensation under chapter 81 of
title 5, United States Code;
(II) requirements concerning ethics, conflicts-
of-interest, and corruption, as provided by title
18, United States Code; and
(III) any other criminal or civil statute or regu-
lation governing the conduct of Federal employees
in their capacity as Federal employees.
(f) MEMORANDUM OF UNDERSTANDING.—For highly migratory
species in the Pacific, the Secretary, in coordination with the Sec-
retary of State, shall develop a memorandum of understanding
Publication.
Public
information.
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PUBLIC LAW 109–479—JAN. 12, 2007
with the Western Pacific, Pacific, and North Pacific Fishery Manage-
ment Councils, that clarifies the role of the relevant Council or
Councils with respect to—
(1) participation in United States delegations to inter-
national fishery organizations in the Pacific Ocean, including
government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States delegation
for presentation to the appropriate international fishery
organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.)
SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.
The Secretary of State may—
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary approve, disapprove,
object to, or withdraw objections to bylaws and rules, or amend-
ments thereof, adopted by the WCPFC Commission, and, with
the concurrence of the Secretary to approve or disapprove the
general annual program of the WCPFC Commission with
respect to conservation and management measures and other
measures proposed or adopted in accordance with the WCPFC
Convention; and
(3) act upon, or refer to other appropriate authority, any
communication referred to in paragraph (1).
SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COM-
MERCE.
(a) PROMULGATION OF REGULATIONS.—The Secretary, in con-
sultation with the Secretary of State and, with respect to enforce-
ment measures, the Secretary of the Department in which the
Coast Guard is operating, is authorized to promulgate such regula-
tions as may be necessary to carry out the United States inter-
national obligations under the WCPFC Convention and this title,
including recommendations and decisions adopted by the Commis-
sion. In cases where the Secretary has discretion in the implementa-
tion of one or more measures adopted by the Commission that
would govern fisheries under the authority of a Regional Fishery
Management Council, the Secretary may, to the extent practicable
within the implementation schedule of the WCPFC Convention
and any recommendations and decisions adopted by the Commis-
sion, promulgate such regulations in accordance with the procedures
established by the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(b) ADDITIONS TO FISHERY REGIMES AND REGULATIONS.—The
Secretary may promulgate regulations applicable to all vessels and
persons subject to the jurisdiction of the United States, including
United States flag vessels wherever they may be operating, on
such date as the Secretary shall prescribe.
16 USC 6904.
16 USC 6903.
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SEC. 506. ENFORCEMENT.
(a) IN GENERAL.—The Secretary may—
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise provided
for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and facili-
ties of other Federal departments and agencies in—
(A) the administration and enforcement of this title;
and
(B) the conduct of scientific, research, and other pro-
grams under this title;
(3) conduct fishing operations and biological experiments
for purposes of scientific investigation or other purposes nec-
essary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may
be necessary to implement the WCPFC Convention, subject
to sections 552 and 552a of title 5, United States Code, and
section 402(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1881a(b));
(5) if recommended by the United States Commissioners
or proposed by a Council with authority over the relevant
fishery, assess and collect fees, not to exceed three percent
of the ex-vessel value of fish harvested by vessels of the United
States in fisheries managed pursuant to this title, to recover
the actual costs to the United States of management and
enforcement under this title, which shall be deposited as an
offsetting collection in, and credited to, the account providing
appropriations to carry out the functions of the Secretary under
this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United
States Exclusive Economic Zone, under such terms and condi-
tions as the Secretary may prescribe, and shall remain valid
for a period to be determined by the Secretary.
(b) CONSISTENCY WITH OTHER LAWS.—The Secretary shall
ensure the consistency, to the extent practicable, of fishery manage-
ment programs administered under this Act, the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South
Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public
Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore
tuna), and the Atlantic Tunas Convention Act (16 U.S.C. 971).
(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent
any person from violating this title in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857) were incorporated into and made a part of this title. Any
person that violates any provision of this title is subject to the
penalties and entitled to the privileges and immunities provided
in the Magnuson-Stevens Fishery Conservation and Management
Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of that Act were incorporated into and made a part
of this title.
(d) CONFIDENTIALITY.—
16 USC 6905.
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(1) IN GENERAL.—Any information submitted to the Sec-
retary in compliance with any requirement under this Act
shall be confidential and shall not be disclosed, except—
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with require-
ments in the Convention and decisions of the Commission,
and, insofar as possible, in accordance with an agreement
with the Commission that prevents public disclosure of
the identity or business of any person;
(C) to State or Marine Fisheries Commission employees
pursuant to an agreement with the Secretary that prevents
public disclosure of the identity or business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written authoriza-
tion from the person submitting such information to release
such information to persons for reasons not otherwise pro-
vided for in this subsection, and such release does not
violate other requirements of this Act.
(2) USE OF INFORMATION.—The Secretary shall, by regula-
tion, prescribe such procedures as may be necessary to preserve
the confidentiality of information submitted in compliance with
any requirement or regulation under this Act, except that the
Secretary may release or make public any such information
in any aggregate or summary form that does not directly or
indirectly disclose the identity or business of any person.
Nothing in this subsection shall be interpreted or construed
to prevent the use for conservation and management purposes
by the Secretary of any information submitted in compliance
with any requirement or regulation under this Act.
SEC. 507. PROHIBITED ACTS.
(a) IN GENERAL.—It is unlawful for any person—
(1) to violate any provision of this title or any regulation
or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, on an
applicable permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
the provisions of this title to board a fishing vessel subject
to such person’s control for the purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(4) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any such authorized officer in the conduct
of any search, investigations, or inspection in connection with
the enforcement of this title or any regulation, permit, or the
Convention;
(5) to resist a lawful arrest for any act prohibited by this
title;
(6) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish
taken or retained in violation of this title or any regulation,
permit, or agreement referred to in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any means,
the apprehension or arrest of another person, knowing that
16 USC 6906.
Regulations.
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such other person has committed any chapter prohibited by
this section;
(8) to knowingly and willfully submit to the Secretary
false information (including false information regarding the
capacity and extent to which a United States fish processor,
on an annual basis, will process a portion of the optimum
yield of a fishery that will be harvested by fishery vessels
of the United States), regarding any matter that the Secretary
is considering in the course of carrying out this title;
(9) to forcibly assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a
vessel under this title, or any data collector employed by the
National Marine Fisheries Service or under contract to any
person to carry out responsibilities under this title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 506(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale, import,
export, or have in custody, possession, or control any fish taken
or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by regula-
tions adopted pursuant to this title to be made, kept, or fur-
nished;
(13) to fail to stop a vessel upon being hailed and instructed
to stop by a duly authorized official of the United States;
(14) to import, in violation of any regulation adopted pursu-
ant to section 506(a) of this title, any fish in any form of
those species subject to regulation pursuant to a recommenda-
tion, resolution, or decision of the Commission, or any tuna
in any form not under regulation but under investigation by
the Commission, during the period such fish have been denied
entry in accordance with the provisions of section 506(a) of
this title.
(b) ENTRY CERTIFICATION.—In the case of any fish described
in subsection (a) offered for entry into the United States, the Sec-
retary of Commerce shall require proof satisfactory to the Secretary
that such fish is not ineligible for such entry under the terms
of section 506(a) of this title.
SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTITUTIONS AND
ORGANIZATIONS.—The Secretary may cooperate with agencies of
the United States government, any public or private institutions
or organizations within the United States or abroad, and, through
the Secretary of State, the duly authorized officials of the govern-
ment of any party to the WCPFC Convention, in carrying out
responsibilities under this title.
(b) SCIENTIFIC
AND OTHER PROGRAMS; FACILITIES
AND PER-
SONNEL.—All Federal agencies are authorized, upon the request
of the Secretary, to cooperate in the conduct of scientific and other
programs and to furnish facilities and personnel for the purpose
of assisting the Commission in carrying out its duties under the
WCPFC Convention.
(c) SANCTIONED FISHING OPERATIONS AND BIOLOGICAL EXPERI-
MENTS.—Nothing in this title, or in the laws or regulations of
any State, prevents the Secretary or the Commission from—
16 USC 6907.
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(1) conducting or authorizing the conduct of fishing oper-
ations and biological experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the WCPFC
Convention.
(d) STATE JURISDICTION NOT AFFECTED.—Except as provided
in subsection (e) of this section, nothing in this title shall be
construed to diminish or to increase the jurisdiction of any State
in the territorial sea of the United States.
(e) APPLICATION OF REGULATIONS—
(1) IN GENERAL.—Regulations promulgated under section
506(a) of this title shall apply within the boundaries of any
State bordering on the Convention area if the Secretary has
provided notice to such State, the State does not request an
agency hearing, and the Secretary determines that the State—
(A) has not, within a reasonable period of time after
the promulgation of regulations pursuant to this title,
enacted laws or promulgated regulations that implement
the recommendations of the Commission within the bound-
aries of such State; or
(B) has enacted laws or promulgated regulations that
implement the recommendations of the commission within
the boundaries of such State that—
(i) are less restrictive that the regulations promul-
gated under section 506(a) of this title; or
(ii) are not effectively enforced.
(2) 
DETERMINATION
BY
SECRETARY.—The 
regulations
promulgated pursuant to section 506(a) of this title shall apply
until the Secretary determines that the State is effectively
enforcing within its boundaries measures that are not less
restrictive than the regulations promulgated under section
506(a) of this title.
(3) HEARING.—If a State requests a formal agency hearing,
the Secretary shall not apply the regulations promulgated
pursuant section 506(a) of this title within that State’s bound-
aries unless the hearing record supports a determination under
paragraph (1)(A) or (B).
(f) REVIEW OF STATE LAWS AND REGULATIONS.—To ensure that
the purposes of subsection (e) are carried out, the Secretary shall
undertake a continuing review of the laws and regulations of all
States to which subsection (e) applies or may apply and the extent
to which such laws and regulations are enforced.
SEC. 509. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the
Commission and its subsidiary bodies by American Samoa, Guam,
and the Northern Mariana Islands to the same extent provided
to the territories of other nations.
SEC. 510. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing for
species under the management authority of the Western and Cen-
tral Pacific Fisheries Convention that do not carry vessel monitoring
systems capable of communicating with United States enforcement
authorities shall, prior to, or as soon as reasonably possible after,
entering and transiting the Exclusive Economic Zone seaward of
Hawaii and of the Commonwealths, territories, and possessions
of the United States in the Pacific Ocean area—
Hawaii.
Territories.
16 USC 6909.
16 USC 6908.
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(1) notify the United States Coast Guard or the National
Marine Fisheries Service Office of Law Enforcement in the
appropriate region of the name, flag state, location, route, and
destination of the vessel and of the circumstances under which
it will enter United States waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place where
it is normally used for fishing and placed where it is not
readily available for fishing; and
(3) where requested by an enforcement officer, proceed
to a specified location so that a vessel inspection can be con-
ducted.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out this title
and to pay the United States’ contribution to the Commission
under section 5 of part III of the WCPFC Convention.
TITLE VI—PACIFIC WHITING
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Pacific Whiting Act of 2006’’.
SEC. 602. DEFINITIONS.
In this title:
(1) ADVISORY PANEL.—The term ‘‘advisory panel’’ means
the Advisory Panel on Pacific Hake/Whiting established by
the Agreement.
(2) AGREEMENT.—The term ‘‘Agreement’’ means the Agree-
ment between the Government of the United States and the
Government of Canada on Pacific Hake/Whiting, signed at
Seattle, Washington, on November 21, 2003.
(3) CATCH.—The term ‘‘catch’’ means all fishery removals
from the offshore whiting resource, including landings, discards,
and bycatch in other fisheries.
(4) JOINT
MANAGEMENT
COMMITTEE.—The term ‘‘joint
management committee’’ means the joint management com-
mittee established by the Agreement.
(5) JOINT TECHNICAL COMMITTEE.—The term ‘‘joint tech-
nical committee’’ means the joint technical committee estab-
lished by the Agreement.
(6) OFFSHORE
WHITING
RESOURCE.—The term ‘‘offshore
whiting resource’’ means the transboundary stock of Merluccius
productus that is located in the offshore waters of the United
States and Canada except in Puget Sound and the Strait of
Georgia.
(7) SCIENTIFIC REVIEW GROUP.—The term ‘‘scientific review
group’’ means the scientific review group established by the
Agreement.
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(9) UNITED STATES SECTION.—The term ‘‘United States Sec-
tion’’ means the United States representatives on the joint
management committee.
16 USC 7001.
16 USC 7001
note.
Pacific Whiting
Act of 2006.
16 USC 6910.
Notification.
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SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT
COMMITTEE.
(a) REPRESENTATIVES.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent
the United States as the United States Section on the joint
management committee. In making the appointments, the Sec-
retary shall select representatives from among individuals who
are knowledgeable or experienced concerning the offshore
whiting resource. Of these—
(A) 1 shall be an official of the National Oceanic and
Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery Manage-
ment Council, appointed with consideration given to any
recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by the
treaty Indian tribes with treaty fishing rights to the off-
shore whiting resource; and
(D) 1 shall be appointed from the commercial sector
of the whiting fishing industry concerned with the offshore
whiting resource.
(2) TERM OF OFFICE.—Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed
4 years, except that, of the initial appointments, 2 representa-
tives shall be appointed for terms of 2 years. Any individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual’s predecessor shall be
appointed for the remainder of that term. A representative
may be appointed for a term of less than 4 years if such
term is necessary to ensure that the term of office of not
more than 2 representatives will expire in any single year.
An individual appointed to serve as a representative is eligible
for reappointment.
(3) CHAIR.—Unless otherwise agreed by all of the 4 rep-
resentatives, the chair shall rotate annually among the 4 mem-
bers, with the order of rotation determined by lot at the first
meeting.
(b) ALTERNATE REPRESENTATIVES.—The Secretary, in consulta-
tion with the Secretary of State, may designate alternate represent-
atives of the United States to serve on the joint management
committee. An alternative representative may exercise, at any
meeting of the committee, all the powers and duties of a representa-
tive in the absence of a duly designated representative for whatever
reason.
SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC
REVIEW GROUP.
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of State, shall appoint no more than 2 scientific experts
to serve on the scientific review group. An individual shall not
be eligible to serve on the scientific review group while serving
on the joint technical committee.
(b) TERM.—An individual appointed under subsection (a) shall
be appointed for a term of not to exceed 4 years, but shall be
eligible for reappointment. An individual appointed to fill a vacancy
16 USC 7003.
16 USC 7002.
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occurring prior to the expiration of a term of office of that individ-
ual’s predecessor shall be appointed to serve for the remainder
of that term.
(c) JOINT APPOINTMENTS.—In addition to individuals appointed
under subsection (a), the Secretary, jointly with the Government
of Canada, may appoint to the scientific review group, from a
list of names provided by the advisory panel—
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL
COMMITTEE.
(a) SCIENTIFIC EXPERTS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as scientific experts on the joint tech-
nical committee, at least 1 of whom shall be an official of
the National Oceanic and Atmospheric Administration.
(2) TERM OF OFFICE.—An individual appointed under para-
graph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual’s predecessor shall be
appointed for the remainder of that term.
(b) 
INDEPENDENT
MEMBER.—In 
addition 
to 
individuals
appointed under subsection (a), the Secretary, jointly with the
Government of Canada, shall appoint 1 independent member to
the joint technical committee selected from a list of names provided
by the advisory panel.
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.
(a) IN GENERAL.—
(1) APPOINTMENT.—The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as members of the advisory panel,
selected from among individuals who are—
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or
research of the offshore whiting resource; and
(B) not employees of the United States.
(2) TERM OF OFFICE.—An individual appointed under para-
graph (1) shall be appointed for a term of not to exceed 4
years, but shall be eligible for reappointment. An individual
appointed to fill a vacancy occurring prior to the expiration
of the term of office of that individual’s predecessor shall be
appointed for the remainder of that term.
SEC. 607. RESPONSIBILITIES OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is responsible for carrying
out the Agreement and this title, including the authority, to be
exercised in consultation with the Secretary of State, to accept
or reject, on behalf of the United States, recommendations made
by the joint management committee.
(b) REGULATIONS; COOPERATION WITH CANADIAN OFFICIALS.—
In exercising responsibilities under this title, the Secretary—
16 USC 7006.
16 USC 7005.
16 USC 7004.
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(1) may promulgate such regulations as may be necessary
to carry out the purposes and objectives of the Agreement
and this title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 608. RULEMAKING.
(a) APPLICATION WITH MAGNUSON-STEVENS ACT.—The Sec-
retary shall establish the United States catch level for Pacific
whiting according to the standards and procedures of the Agreement
and this title rather than under the standards and procedures
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), except to the extent necessary to
address the rebuilding needs of other species. Except for estab-
lishing the catch level, all other aspects of Pacific whiting manage-
ment shall be—
(1) subject to the Magnuson-Stevens Fishery Conservation
and Management Act; and
(2) consistent with this title.
(b) JOINT MANAGEMENT COMMITTEE RECOMMENDATIONS.—For
any year in which both parties to the Agreement approve rec-
ommendations made by the joint management committee with
respect to the catch level, the Secretary shall implement the
approved recommendations. Any regulation promulgated by the
Secretary to implement any such recommendation shall apply, as
necessary, to all persons and all vessels subject to the jurisdiction
of the United States wherever located.
(c) YEARS WITH NO APPROVED CATCH RECOMMENDATIONS.—
If the parties to the Agreement do not approve the joint manage-
ment committee’s recommendation with respect to the catch level
for any year, the Secretary shall establish the total allowable catch
for Pacific whiting for the United States catch. In establishing
the total allowable catch under this subsection, the Secretary shall—
(1) take into account any recommendations from the Pacific
Fishery Management Council, the joint management com-
mittee, the joint technical committee, the scientific review
group, and the advisory panel;
(2) base the total allowable catch on the best scientific
information available;
(3) use the default harvest rate set out in paragraph 1
of Article III of the Agreement unless the Secretary determines
that the scientific evidence demonstrates that a different rate
is necessary to sustain the offshore whiting resource; and
(4) establish the United State’s share of the total allowable
catch based on paragraph 2 of Article III of the Agreement
and make any adjustments necessary under section 5 of Article
II of the Agreement.
SEC. 609. ADMINISTRATIVE MATTERS.
(a) EMPLOYMENT STATUS.—Individuals appointed under section
603, 604, 605, or 606 of this title who are serving as such Commis-
sioners, other than officers or employees of the United States
Government, shall be considered to be Federal employees while
performing such service, only for purposes of—
(1) injury compensation under chapter 81 of title 5, United
States Code;
16 USC 7008.
Applicability.
16 USC 7007.
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(2) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States Code;
and
(3) any other criminal or civil statute or regulation gov-
erning the conduct of Federal employees.
(b) COMPENSATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), an
individual appointed under this title shall receive no compensa-
tion for the individual’s service as a representative, alternate
representative, scientific expert, or advisory panel member
under this title.
(2) SCIENTIFIC REVIEW GROUP.—Notwithstanding paragraph
(1), the Secretary may employ and fix the compensation of
an individual appointed under section 604(a) to serve as a
scientific expert on the scientific review group who is not
employed by the United States Government, a State govern-
ment, or an Indian tribal government in accordance with section
3109 of title 5, United States Code.
(c) TRAVEL EXPENSES.—Except as provided in subsection (d),
the Secretary shall pay the necessary travel expenses of individuals
appointed under this title in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731
of title 5, United States Code.
(d) JOINT APPOINTEES.—With respect to the 2 independent
members of the scientific review group and the 2 public advisors
to the scientific review group jointly appointed under section 604(c),
and the 1 independent member to the joint technical committee
jointly appointed under section 605(b), the Secretary may pay up
to 50 percent of—
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
SEC. 610. ENFORCEMENT.
(a) IN GENERAL.—The Secretary may—
(1) administer and enforce this title and any regulations
issued under this title;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and facili-
ties of other Federal departments and agencies in the adminis-
tration and enforcement of this title; and
(3) collect, utilize, and disclose such information as may
be necessary to implement the Agreement and this title, subject
to sections 552 and 552a of title 5, United States Code.
(b) PROHIBITED ACTS.—It is unlawful for any person to violate
any provision of this title or the regulations promulgated under
this title.
(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent
any person from violating this title in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857) were incorporated into and made a part of this title. Any
person that violates any provision of this title is subject to the
penalties and entitled to the privileges and immunities provided
in the Magnuson-Stevens Fishery Conservation and Management
Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
16 USC 7009.
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provisions of that Act were incorporated into and made a part
of this title.
(d) PENALTIES.—This title shall be enforced by the Secretary
as if a violation of this title or of any regulation promulgated
by the Secretary under this title were a violation of section 307
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1857).
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such
sums as may be necessary to carry out the obligations of the
United States under the Agreement and this title.
TITLE VII—MISCELLANEOUS
SEC. 701. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT
ON FISHERIES.
The Secretary of Commerce shall request the National Research
Council to conduct a study of the acidification of the oceans and
how this process affects the United States.
SEC. 702. PUGET SOUND REGIONAL SHELLFISH SETTLEMENT.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the Tribes have established treaty rights to take
shellfish from public and private tidelands in Washington
State, including from some lands owned, leased, or other-
wise subject to harvest by commercial shellfish growers;
(B) the district court that adjudicated the Tribes’ treaty
rights to take shellfish found that the growers are innocent
purchasers who had no notice of the Tribes’ fishing right
when they acquired their properties;
(C) numerous unresolved issues remain outstanding
regarding implementation of the Tribes’ treaty right to
take shellfish from lands owned, leased, or otherwise sub-
ject to harvest by the growers;
(D) the Tribes, the growers, the State of Washington,
and the United States Department of the Interior have
resolved by a settlement agreement many of the disputes
between and among them regarding implementation of the
Tribes’ treaty right to take shellfish from covered tidelands
owned or leased by the growers;
(E) the settlement agreement does not provide for reso-
lution of any claims to take shellfish from lands owned
or leased by the growers that potentially may be brought
in the future by other Tribes;
(F) in the absence of congressional actions, the prospect
of other Tribes claims to take shellfish from lands owned
or leased by the growers could be pursued through the
courts, a process which in all likelihood could consume
many years and thereby promote uncertainty in the State
of Washington and the growers and to the ultimate det-
riment of both the Tribes and other Tribes and their mem-
bers;
(G) in order to avoid this uncertainty, it is the intent
of Congress that other Tribes have the option of resolving
their claims, if any, to a treaty right to take shellfish
Washington.
Native
Americans.
16 USC 7010.
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PUBLIC LAW 109–479—JAN. 12, 2007
from covered tidelands owned or leased by the growers;
and
(H) this Act represents a good faith effort on the part
of Congress to extend to other Tribes the same fair and
just option of resolving their claims to take shellfish from
covered tidelands owned or leased by the growers that
the Tribes have agreed to in the settlement agreement.
(2) PURPOSES.—The purposes of this section are—
(A) to approve, ratify, and confirm the settlement
agreement entered into by and among the Tribes, commer-
cial shellfish growers, the State of Washington, and the
United States;
(B) to provide other Tribes with a fair and just resolu-
tion of any claims to take shellfish from covered tidelands,
as that term is defined in the settlement agreement, that
potentially could be brought in the future by other Tribes;
and
(C) to authorize the Secretary to implement the terms
and conditions of the settlement agreement and this sec-
tion.
(b) APPROVAL OF SETTLEMENT AGREEMENT.—
(1) IN
GENERAL.—The settlement agreement is hereby
approved, ratified, and confirmed, and section 6 of the settle-
ment agreement, Release of Claims, is specifically adopted and
incorporated into this section as if fully set forth herein.
(2) AUTHORIZATION FOR IMPLEMENTATION.—The Secretary
is hereby authorized to implement the terms and conditions
of the settlement agreement in accordance with the settlement
agreement and this section.
(c) FUND, SPECIAL HOLDING ACCOUNT, AND CONDITIONS.—
(1) PUGET SOUND REGIONAL SHELLFISH SETTLEMENT TRUST
FUND.—
(A) There is hereby established in the Treasury of
the United States an account to be designated as the ‘‘Puget
Sound Regional Shellfish Settlement Trust Fund’’. The Sec-
retary shall deposit funds in the amount of $22,000,000
at such time as appropriated pursuant to this section into
the Fund.
(B) The Fund shall be maintained and invested by
the Secretary of the Interior pursuant to the Act of June
24, 1938 (25 U.S.C. 162a) until such time as all monies
are transferred from the Fund.
(C) The Secretary shall transfer monies held in the
Fund to each Tribe of the Tribes in the amounts and
manner specified by and in accordance with the payment
agreement established pursuant to the settlement agree-
ment and this section.
(2) PUGET SOUND REGIONAL SHELLFISH SETTLEMENT SPECIAL
HOLDING ACCOUNT.—
(A) There is hereby established in the Treasury of
the United States a fund to be designated as the ‘‘Puget
Sound Regional Shellfish Settlement Special Holding
Account’’. The Secretary shall deposit funds in the amount
of $1,500,000 into the Special Holding Account in fiscal
year 2011 at such time as such funds are appropriated
pursuant to this section.
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(B) The Special Holding Account shall be maintained
and invested by the Secretary of the Interior pursuant
to the Act of June 24, 1938, (25 U.S.C. 162a) until such
time as all monies are transferred from the Special Holding
Account.
(C) If a court of competent jurisdiction renders a final
decision declaring that any of the other Tribes has an
established treaty right to take or harvest shellfish in
covered tidelands, as that term is defined in the settlement
agreement, and such tribe opts to accept a share of the
Special Holding Account, rather than litigate this claim
against the growers, the Secretary shall transfer the appro-
priate share of the monies held in the Special Holding
Account to each such tribe of the other Tribes in the
amounts appropriate to compensate the other Tribes in
the same manner and for the same purposes as the Tribes
who are signatory to the settlement agreement. Such a
transfer to a tribe shall constitute full and complete satis-
faction of that tribe’s claims to shellfish on the covered
tidelands.
(D) The Secretary may retain such amounts of the
Special Holding Account as necessary to provide for addi-
tional tribes that may judicially establish their rights to
take shellfish in the covered tidelands within the term
of that Account, provided that the Secretary pays the
remaining balance to the other Tribes prior to the expira-
tion of the term of the Special Holding Account.
(E) The Tribes shall have no interest, possessory or
otherwise, in the Special Holding Account.
(F) Twenty years after the deposit of funds into the
Special Holding Account, the Secretary shall close the
Account and transfer the balance of any funds held in
the Special Holding Account at that time to the Treasury.
However, the Secretary may continue to maintain the Spe-
cial Holding Account in order to resolve the claim of an
other Tribe that has notified the Secretary in writing within
the 20-year term of that Tribe’s interest in resolving its
claim in the manner provided for in this section.
(G) It is the intent of Congress that the other Tribes,
if any, shall have the option of agreeing to similar rights
and responsibilities as the Tribes that are signatories to
the settlement agreement, if they opt not to litigate against
the growers.
(3) ANNUAL REPORT.—Each tribe of the Tribes, or any of
the other Tribes accepting a settlement of its claims to shellfish
on covered lands pursuant to paragraph (2)(C), shall submit
to the Secretary an annual report that describes all expendi-
tures made with monies withdrawn from the Fund or Special
Holding Account during the year covered by the report.
(4) JUDICIAL AND ADMINISTRATIVE ACTION.—The Secretary
may take judicial or administrative action to ensure that any
monies withdrawn from the Fund or Special Holding Account
are used in accordance with the purposes described in the
settlement agreement and this section.
(5) CLARIFICATION
OF
TRUST
RESPONSIBILITY.—Beginning
on the date that monies are transferred to a tribe of the
Tribes or a tribe of the other Tribes pursuant to this section,
Effective date.
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any trust responsibility or liability of the United States with
respect to the expenditure or investment of the monies with-
drawn shall cease.
(d) STATE OF WASHINGTON PAYMENT.—The Secretary shall not
be accountable for nor incur any liability for the collection, deposit,
management or nonpayment of the State of Washington payment
of $11,000,000 to the Tribes pursuant to the settlement agreement.
(e) RELEASE OF OTHER TRIBES CLAIMS.—
(1) RIGHT TO BRING ACTIONS.—As of the date of enactment
of this section, all right of any other Tribes to bring an action
to enforce or exercise its treaty rights to take shellfish from
public and private tidelands in Washington State, including
from some lands owned, leased, or otherwise subject to harvest
by any and all growers shall be determined in accordance
with the decisions of the Courts of the United States in United
States v. Washington, Civ. No. 9213 (Western District of Wash-
ington).
(2) CERTAIN RIGHTS GOVERNED BY THIS SECTION.—If a tribe
falling within the other Tribes category opts to resolve its
claims to take shellfish from covered tidelands owned or leased
by the growers pursuant to subsection (c)(2)(C) of this section,
that tribe’s rights shall be governed by this section, as well
as by the decisions of the Courts in United States v. Wash-
ington, Civ. No. 9213.
(3) NO BREACH OF TRUST.—Notwithstanding whether the
United States has a duty to initiate such an action, the failure
or declination by the United States to initiate any action to
enforce any other Tribe’s or other Tribes’ treaty rights to take
shellfish from public and private tidelands in Washington State,
including from covered tidelands owned, leased, or otherwise
subject to harvest by any and all growers shall not constitute
a breach of trust by the United States or be compensable
to other Tribes.
(f) CAUSE OF ACTION.—If any payment by the United States
is not paid in the amount or manner specified by this section,
or is not paid within 6 months after the date specified by the
settlement agreement, such failure shall give rise to a cause of
action by the Tribes either individually or collectively against the
United States for money damages for the amount authorized but
not paid to the Tribes, and the Tribes, either individually or collec-
tively, are authorized to bring an action against the United States
in the United States Court of Federal Claims for such funds plus
interest.
(g) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Puget Sound Shell-
fish Settlement Trust Fund Account established by this section.
(2) GROWERS.—The term ‘‘growers’’ means Taylor United,
Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm;
Cedric E. Lindsay; Minterbrook Oyster Company; Charles and
Willa Murray; Skookum Bay Oyster Company; J & G Gunstone
Clams, Inc.; and all persons who qualify as ‘‘growers’’ in accord-
ance with and pursuant to the settlement agreement.
(3) OTHER TRIBES.—The term ‘‘other Tribes’’ means any
federally recognized Indian nation or tribe other than the Tribes
described in paragraph (6) that, within 20 years after the
deposit of funds in the Special Holding Account, establishes
a legally enforceable treaty right to take shellfish from covered
Deadline.
Effective date.
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PUBLIC LAW 109–479—JAN. 12, 2007
tidelands described in the settlement agreement, owned, leased
or otherwise subject to harvest by those persons or entities
that qualify as growers.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) SETTLEMENT AGREEMENT.—The term ‘‘settlement agree-
ment’’ means the settlement agreement entered into by and
between the Tribes, commercial shellfish growers, the State
of Washington and the United States, to resolve certain dis-
putes between and among them regarding implementation of
the Tribes’ treaty right to take shellfish from certain covered
tidelands owned, leased or otherwise subject to harvest by
the growers.
(6) TRIBES.—The term ‘‘Tribes’’ means the following feder-
ally recognized Tribes that executed the settlement agreement:
Tulalip, Stillaguamish, Sauk Suiattle, Puyallup, Squaxin
Island, 
Makah, 
Muckleshoot, 
Upper 
Skagit, 
Nooksack,
Nisqually, Skokomish, Port Gamble S’Klallam, Lower Elwha
Klallam, Jamestown S’Klallam, and Suquamish Tribes, the
Lummi Nation, and the Swinomish Indian Tribal Community.
(7) SPECIAL HOLDING ACCOUNT.—The term ‘‘Special Holding
Account’’ means the Puget Sound Shellfish Settlement Special
Holding Account established by this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $23,500,000 to carry out this section—
(A) $2,000,000 for fiscal year 2007;
(B) $5,000,000 for each of fiscal years 2008 through
2010; and
(C) $6,500,000 for fiscal year 2011.
TITLE VIII—TSUNAMI WARNING AND
EDUCATION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Tsunami Warning and Education
Act’’.
SEC. 802. DEFINITIONS.
In this title:
(1) The term ‘‘Administration’’ means the National Oceanic
and Atmospheric Administration.
(2) The term ‘‘Administrator’’ means the Administrator of
the National Oceanic and Atmospheric Administration.
SEC. 803. PURPOSES.
The purposes of this title are—
(1) to improve tsunami detection, forecasting, warnings,
notification, outreach, and mitigation to protect life and prop-
erty in the United States;
(2) to enhance and modernize the existing Pacific Tsunami
Warning System to increase coverage, reduce false alarms,
and increase the accuracy of forecasts and warnings, and to
expand detection and warning systems to include other vulner-
able States and United States territories, including the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico areas;
33 USC 3202.
33 USC 3201.
33 USC 3201
note.
Tsunami
Warning and
Education Act.
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PUBLIC LAW 109–479—JAN. 12, 2007
(3) to improve mapping, modeling, research, and assess-
ment efforts to improve tsunami detection, forecasting,
warnings, notification, outreach, mitigation, response, and
recovery;
(4) to improve and increase education and outreach activi-
ties and ensure that those receiving tsunami warnings and
the at-risk public know what to do when a tsunami is
approaching;
(5) to provide technical and other assistance to speed inter-
national efforts to establish regional tsunami warning systems
in vulnerable areas worldwide, including the Indian Ocean;
and
(6) to improve Federal, State, and international coordina-
tion for detection, warnings, and outreach for tsunami and
other coastal impacts.
SEC. 804. TSUNAMI FORECASTING AND WARNING PROGRAM.
(a) IN GENERAL.—The Administrator, through the National
Weather Service and in consultation with other relevant Adminis-
tration offices, shall operate a program to provide tsunami detection,
forecasting, and warnings for the Pacific and Arctic Ocean regions
and for the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico
region.
(b) COMPONENTS.—The program under this section shall—
(1) include the tsunami warning centers established under
subsection (d);
(2) utilize and maintain an array of robust tsunami detec-
tion technologies;
(3) maintain detection equipment in operational condition
to fulfill the detection, forecasting, and warning requirements
of this title;
(4) provide tsunami forecasting capability based on models
and measurements, including tsunami inundation models and
maps for use in increasing the preparedness of communities,
including through the TsunamiReady program;
(5) maintain data quality and management systems to
support the requirements of the program;
(6) include a cooperative effort among the Administration,
the United States Geological Survey, and the National Science
Foundation under which the Geological Survey and the
National Science Foundation shall provide rapid and reliable
seismic information to the Administration from international
and domestic seismic networks;
(7) provide a capability for the dissemination of warnings
to at-risk States and tsunami communities through rapid and
reliable notification to government officials and the public,
including utilization of and coordination with existing Federal
warning 
systems, 
including 
the 
National 
Oceanic 
and
Atmospheric Administration Weather Radio All Hazards Pro-
gram;
(8) allow, as practicable, for integration of tsunami detec-
tion technologies with other environmental observing tech-
nologies; and
(9) include any technology the Administrator considers
appropriate to fulfill the objectives of the program under this
section.
33 USC 3203.
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(c) SYSTEM AREAS.—The program under this section shall
operate—
(1) a Pacific tsunami warning system capable of forecasting
tsunami anywhere in the Pacific and Arctic Ocean regions
and providing adequate warnings; and
(2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico
tsunami warning system capable of forecasting tsunami and
providing adequate warnings in areas of the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico that are determined—
(A) to be geologically active, or to have significant
potential for geological activity; and
(B) to pose significant risks of tsunami for States along
the coastal areas of the Atlantic Ocean, Caribbean Sea,
or Gulf of Mexico.
(d) TSUNAMI WARNING CENTERS.—
(1) IN GENERAL.—The Administrator, through the National
Weather Service, shall maintain or establish—
(A) a Pacific Tsunami Warning Center in Hawaii;
(B) a West Coast and Alaska Tsunami Warning Center
in Alaska; and
(C) any additional forecast and warning centers deter-
mined by the National Weather Service to be necessary.
(2) RESPONSIBILITIES.—The responsibilities of each tsunami
warning center shall include—
(A) continuously monitoring data from seismological,
deep ocean, and tidal monitoring stations;
(B) evaluating earthquakes that have the potential
to generate tsunami;
(C) evaluating deep ocean buoy data and tidal moni-
toring stations for indications of tsunami resulting from
earthquakes and other sources;
(D) disseminating forecasts and tsunami warning bul-
letins to Federal, State, and local government officials and
the public;
(E) coordinating with the tsunami hazard mitigation
program described in section 805 to ensure ongoing sharing
of information between forecasters and emergency manage-
ment officials; and
(F) making data gathered under this title and post-
warning analyses conducted by the National Weather
Service or other relevant Administration offices available
to researchers.
(e) TRANSFER OF TECHNOLOGY; MAINTENANCE AND UPGRADES.—
(1) IN GENERAL.—In carrying out this section, the National
Weather Service, in consultation with other relevant Adminis-
tration offices, shall—
(A) develop requirements for the equipment used to
forecast tsunami, which shall include provisions for multi-
purpose detection platforms, reliability and performance
metrics, and to the maximum extent practicable how the
equipment will be integrated with other United States
and global ocean and coastal observation systems, the
global earth observing system of systems, global seismic
networks, and the Advanced National Seismic System;
(B) develop and execute a plan for the transfer of
technology from ongoing research described in section 806
into the program under this section; and
Establishment.
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(C) ensure that maintaining operational tsunami detec-
tion equipment is the highest priority within the program
carried out under this title.
(2) REPORT TO CONGRESS.—
(A) Not later than 1 year after the date of enactment
of this Act, the National Weather Service, in consultation
with other relevant Administration offices, shall transmit
to Congress a report on how the tsunami forecast system
under this section will be integrated with other United
States and global ocean and coastal observation systems,
the global earth observing system of systems, global seismic
networks, and the Advanced National Seismic System.
(B) Not later than 3 years after the date of enactment
of this Act, the National Weather Service, in consultation
with other relevant Administration offices, shall transmit
a report to Congress on how technology developed under
section 806 is being transferred into the program under
this section.
(f) FEDERAL COOPERATION.—When deploying and maintaining
tsunami detection technologies, the Administrator shall seek the
assistance and assets of other appropriate Federal agencies.
(g) ANNUAL EQUIPMENT CERTIFICATION.—At the same time Con-
gress receives the budget justification documents in support of
the President’s annual budget request for each fiscal year, the
Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives a certification that—
(1) identifies the tsunami detection equipment deployed
pursuant to this title, as of December 31 of the preceding
calendar year;
(2) certifies which equipment is operational as of December
31 of the preceding calendar year;
(3) in the case of any piece of such equipment that is
not operational as of such date, identifies that equipment and
describes the mitigation strategy that is in place—
(A) to repair or replace that piece of equipment within
a reasonable period of time; or
(B) to otherwise ensure adequate tsunami detection
coverage;
(4) identifies any equipment that is being developed or
constructed to carry out this title but which has not yet been
deployed, if the Administration has entered into a contract
for that equipment prior to December 31 of the preceding
calendar year, and provides a schedule for the deployment
of that equipment; and
(5) certifies that the Administrator expects the equipment
described in paragraph (4) to meet the requirements, cost,
and schedule provided in that contract.
(h) CONGRESSIONAL NOTIFICATIONS.—The Administrator shall
notify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science of the House of Rep-
resentatives within 30 days of—
(1) impaired regional forecasting capabilities due to equip-
ment or system failures; and
(2) significant contractor failures or delays in completing
work associated with the tsunami forecasting and warning
system.
Deadline.
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PUBLIC LAW 109–479—JAN. 12, 2007
(i) REPORT.—Not later than January 31, 2010, the Comptroller
General of the United States shall transmit a report to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives
that—
(1) evaluates the current status of the tsunami detection,
forecasting, and warning system and the tsunami hazard miti-
gation program established under this title, including progress
toward tsunami inundation mapping of all coastal areas vulner-
able to tsunami and whether there has been any degradation
of services as a result of the expansion of the program;
(2) evaluates the National Weather Service’s ability to
achieve continued improvements in the delivery of tsunami
detection, forecasting, and warning services by assessing poli-
cies and plans for the evolution of modernization systems,
models, and computational abilities (including the adoption of
new technologies); and
(3) lists the contributions of funding or other resources
to the program by other Federal agencies, particularly agencies
participating in the program.
(j) EXTERNAL REVIEW.—The Administrator shall enter into an
arrangement with the National Academy of Sciences to review
the tsunami detection, forecast, and warning program established
under this title to assess further modernization and coverage needs,
as well as long-term operational reliability issues, taking into
account measures implemented under this title. The review shall
also include an assessment of how well the forecast equipment
has been integrated into other United States and global ocean
and coastal observation systems and the global earth observing
system of systems. Not later than 2 years after the date of enact-
ment of this Act, the Administrator shall transmit a report con-
taining the National Academy of Sciences’ recommendations, the
Administrator’s responses to the recommendations, including those
where the Administrator disagrees with the Academy, a timetable
to implement the accepted recommendations, and the cost of imple-
menting all the Academy’s recommendations, to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives.
(k) REPORT.—Not later than 3 months after the date of enact-
ment of this Act, the Administrator shall establish a process for
monitoring and certifying contractor performance in carrying out
the requirements of any contract to construct or deploy tsunami
detection equipment, including procedures and penalties to be
imposed in cases of significant contractor failure or negligence.
SEC. 805. NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM.
(a) IN GENERAL.—The Administrator, through the National
Weather Service and in consultation with other relevant Adminis-
tration offices, shall conduct a community-based tsunami hazard
mitigation program to improve tsunami preparedness of at-risk
areas in the United States and its territories.
(b) COORDINATING COMMITTEE.—In conducting the program
under this section, the Administrator shall establish a coordinating
committee comprising representatives of Federal, State, local, and
tribal government officials. The Administrator may establish sub-
committees to address region-specific issues. The committee shall—
Establishment.
33 USC 3204.
Deadline.
Reports.
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(1) recommend how funds appropriated for carrying out
the program under this section will be allocated;
(2) ensure that areas described in section 804(c) in the
United States and its territories can have the opportunity to
participate in the program;
(3) provide recommendations to the National Weather
Service on how to improve the TsunamiReady program, particu-
larly on ways to make communities more tsunami resilient
through the use of inundation maps and other mitigation prac-
tices; and
(4) ensure that all components of the program are
integrated with ongoing hazard warning and risk management
activities, emergency response plans, and mitigation programs
in affected areas, including integrating information to assist
in tsunami evacuation route planning.
(c) PROGRAM COMPONENTS.—The program under this section
shall—
(1) use inundation models that meet a standard of accuracy
defined by the Administration to improve the quality and extent
of inundation mapping, including assessment of vulnerable
inner coastal and nearshore areas, in a coordinated and
standardized fashion to maximize resources and the utility
of data collected;
(2) promote and improve community outreach and edu-
cation networks and programs to ensure community readiness,
including the development of comprehensive coastal risk and
vulnerability assessment training and decision support tools,
implementation of technical training and public education pro-
grams, and providing for certification of prepared communities;
(3) integrate tsunami preparedness and mitigation pro-
grams into ongoing hazard warning and risk management
activities, emergency response plans, and mitigation programs
in affected areas, including integrating information to assist
in tsunami evacuation route planning;
(4) promote the adoption of tsunami warning and mitiga-
tion measures by Federal, State, tribal, and local governments
and nongovernmental entities, including educational programs
to discourage development in high-risk areas; and
(5) provide for periodic external review of the program.
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed
to require a change in the chair of any existing tsunami hazard
mitigation program subcommittee.
SEC. 806. TSUNAMI RESEARCH PROGRAM.
The Administrator shall, in consultation with other agencies
and academic institutions, and with the coordinating committee
established under section 805(b), establish or maintain a tsunami
research program to develop detection, forecast, communication,
and mitigation science and technology, including advanced sensing
techniques, information and communication technology, data collec-
tion, analysis, and assessment for tsunami tracking and numerical
forecast modeling. Such research program shall—
(1) consider other appropriate research to mitigate the
impact of tsunami;
(2) coordinate with the National Weather Service on tech-
nology to be transferred to operations;
33 USC 3205.
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PUBLIC LAW 109–479—JAN. 12, 2007
(3) include social science research to develop and assess
community warning, education, and evacuation materials; and
(4) ensure that research and findings are available to the
scientific community.
SEC. 807. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.
(a) INTERNATIONAL TSUNAMI WARNING SYSTEM.—The Adminis-
trator, through the National Weather Service and in consultation
with other relevant Administration offices, in coordination with
other members of the United States Interagency Committee of
the National Tsunami Hazard Mitigation Program, shall provide
technical assistance and training to the Intergovernmental Oceano-
graphic Commission, the World Meteorological Organization, and
other international entities, as part of international efforts to
develop a fully functional global tsunami forecast and warning
system comprising regional tsunami warning networks, modeled
on the International Tsunami Warning System of the Pacific.
(b) INTERNATIONAL
TSUNAMI
INFORMATION
CENTER.—The
Administrator, through the National Weather Service and in con-
sultation with other relevant Administration offices, in cooperation
with the Intergovernmental Oceanographic Commission, shall
operate an International Tsunami Information Center to improve
tsunami preparedness for all Pacific Ocean nations participating
in the International Tsunami Warning System of the Pacific, and
may also provide such assistance to other nations participating
in a global tsunami warning system established through the Inter-
governmental Oceanographic Commission. As part of its responsibil-
ities around the world, the Center shall—
(1) monitor international tsunami warning activities
around the world;
(2) assist member states in establishing national warning
systems, and make information available on current tech-
nologies for tsunami warning systems;
(3) maintain a library of materials to promulgate knowledge
about tsunami in general and for use by the scientific commu-
nity; and
(4) disseminate information, including educational mate-
rials and research reports.
(c) DETECTION EQUIPMENT; TECHNICAL ADVICE AND TRAINING.—
In carrying out this section, the National Weather Service—
(1) shall give priority to assisting nations in identifying
vulnerable coastal areas, creating inundation maps, obtaining
or designing real-time detection and reporting equipment, and
establishing communication and warning networks and contact
points in each vulnerable nation;
(2) may establish a process for transfer of detection and
communication technology to affected nations for the purposes
of establishing the international tsunami warning system; and
(3) shall provide technical and other assistance to support
international tsunami programs.
(d) DATA-SHARING
REQUIREMENT.—The National Weather
Service, when deciding to provide assistance under this section,
may take into consideration the data sharing policies and practices
of nations proposed to receive such assistance, with a goal to encour-
age all nations to support full and open exchange of data.
33 USC 3206.
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PUBLIC LAW 109–479—JAN. 12, 2007
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
to carry out this title—
(1) $25,000,000 for fiscal year 2008, of which—
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section
806;
(2) $26,000,000 for fiscal year 2009, of which—
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section
806;
(3) $27,000,000 for fiscal year 2010, of which—
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section
806;
(4) $28,000,000 for fiscal year 2011, of which—
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section
806; and
(5) $29,000,000 for fiscal year 2012, of which—
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section
806.
TITLE IX—POLAR BEARS
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘United States-Russia Polar
Bear Conservation and Management Act of 2006’’.
SEC. 902. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF
1972.
(a) IN GENERAL.—The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by adding at the end thereof
the following:
‘‘TITLE V—POLAR BEARS
‘‘SEC. 501. DEFINITIONS.
‘‘In this title:
16 USC 1423.
16 USC 1361
note.
United States-
Russia Polar
Bear
Conservation and
Management Act
of 2006.
33 USC 3207.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘(1) AGREEMENT.—The term ‘Agreement’ means the Agree-
ment Between the Government of the United States of America
and the Government of the Russian Federation on the Con-
servation and Management of the Alaska-Chukotka Polar Bear
Population, signed at Washington, D.C., on October 16, 2000.
‘‘(2) ALASKA
NANUUQ
COMMISSION.—The term ‘Alaska
Nanuuq Commission’ means the Alaska Native entity, in exist-
ence on the date of enactment of the United States-Russia
Polar Bear Conservation and Management Act of 2006, that
represents all villages in the State of Alaska that engage in
the annual subsistence taking of polar bears from the Alaska-
Chukotka population and any successor entity.
‘‘(3) IMPORT.—The term ‘import’ means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the United
States, without regard to whether the landing, bringing, or
introduction constitutes an importation within the meaning
of the customs laws of the United States.
‘‘(4) POLAR BEAR PART OR PRODUCT.—The term ‘part or
product of a polar bear’ means any polar bear part or product,
including the gall bile and gall bladder.
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(6) TAKING.—The term ‘taking’ has the meaning given
the term in the Agreement.
‘‘(7) COMMISSION.—The term ‘Commission’ means the
commission established under article 8 of the Agreement.
‘‘SEC. 502. PROHIBITIONS.
‘‘(a) IN GENERAL.—It is unlawful for any person who is subject
to the jurisdiction of the United States or any person in waters
or on lands under the jurisdiction of the United States—
‘‘(1) to take any polar bear in violation of the Agreement;
‘‘(2) to take any polar bear in violation of the Agreement
or any annual taking limit or other restriction on the taking
of polar bears that is adopted by the Commission pursuant
to the Agreement;
‘‘(3) to import, export, possess, transport, sell, receive,
acquire, or purchase, exchange, barter, or offer to sell, purchase,
exchange, or barter any polar bear, or any part or product
of a polar bear, that is taken in violation of paragraph (2);
‘‘(4) to import, export, sell, purchase, exchange, barter,
or offer to sell, purchase, exchange, or barter, any polar bear
gall bile or polar bear gall bladder;
‘‘(5) to attempt to commit, solicit another person to commit,
or cause to be committed, any offense under this subsection;
or
‘‘(6) to violate any regulation promulgated by the Secretary
to implement any of the prohibitions established in this sub-
section.
‘‘(b) EXCEPTIONS.—For the purpose of forensic testing or any
other law enforcement purpose, the Secretary, and Federal law
enforcement officials, and any State or local law enforcement official
authorized by the Secretary, may import a polar bear or any part
or product of a polar bear.
16 USC 1423a.
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PUBLIC LAW 109–479—JAN. 12, 2007
‘‘SEC. 503. ADMINISTRATION.
‘‘(a) IN GENERAL.—The Secretary, acting through the Director
of the United States Fish and Wildlife Service, shall do all things
necessary and appropriate, including the promulgation of regula-
tions, to implement, enforce, and administer the provisions of the
Agreement on behalf of the United States. The Secretary shall
consult with the Secretary of State and the Alaska Nanuuq Commis-
sion on matters involving the implementation of the Agreement.
‘‘(b) UTILIZATION
OF OTHER GOVERNMENT RESOURCES
AND
AUTHORITIES.—
‘‘(1) OTHER GOVERNMENT RESOURCES.—The Secretary may
utilize by agreement, with or without reimbursement, the per-
sonnel, services, and facilities of any other Federal agency,
any State agency, or the Alaska Nanuuq Commission for pur-
poses of carrying out this title or the Agreement.
‘‘(2) OTHER POWERS AND AUTHORITIES.—Any person author-
ized by the Secretary under this subsection to enforce this
title or the Agreement shall have the authorities that are
enumerated in section 6(b) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(b)).
‘‘(c) ENSURING COMPLIANCE.—
‘‘(1) TITLE I AUTHORITIES.—The Secretary may use authori-
ties granted under title I for enforcement, imposition of pen-
alties, and the seizure of cargo for violations under this title,
provided that any polar bear or any part or product of a
polar bear taken, imported, exported, possessed, transported,
sold, received, acquired, purchased, exchanged, or bartered,
or offered for sale, purchase, exchange, or barter in violation
of this title, shall be subject to seizure and forfeiture to the
United States without any showing that may be required for
assessment of a civil penalty or for criminal prosecution under
this Act.
‘‘(2) ADDITIONAL AUTHORITIES.—Any gun, trap, net, or other
equipment used, and any vessel, aircraft, or other means of
transportation used, to aid in the violation or attempted viola-
tion of this title shall be subject to seizure and forfeiture
under section 106.
‘‘(d) REGULATIONS.—
‘‘(1) IN
GENERAL.—The Secretary shall promulgate such
regulations as are necessary to carry out this title and the
Agreement.
‘‘(2) ORDINANCES AND REGULATIONS.—If necessary to carry
out this title and the Agreement, and to improve compliance
with any annual taking limit or other restriction on taking
adopted by the Commission and implemented by the Secretary
in accordance with this title, the Secretary may promulgate
regulations that adopt any ordinance or regulation that restricts
the taking of polar bears for subsistence purposes if the ordi-
nance or regulation has been promulgated by the Alaska
Nanuuq Commission.
‘‘SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO
DELEGATE ENFORCEMENT AUTHORITY.
‘‘(a) IN GENERAL.—The Secretary, acting through the Director
of the United States Fish and Wildlife Service, may share authority
under this title for the management of the taking of polar bears
16 USC 1423c.
16 USC 1423b.
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PUBLIC LAW 109–479—JAN. 12, 2007
for subsistence purposes with the Alaska Nanuuq Commission if
such commission is eligible under subsection (b).
‘‘(b) DELEGATION.—To be eligible for the management authority
described in subsection (a), the Alaska Nanuuq Commission shall—
‘‘(1) enter into a cooperative agreement with the Secretary
under section 119 for the conservation of polar bears;
‘‘(2) meaningfully monitor compliance with this title and
the Agreement by Alaska Natives; and
‘‘(3) administer its co-management program for polar bears
in accordance with—
‘‘(A) this title; and
‘‘(B) the Agreement.
‘‘SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL
EXPENSES, AND CLAIMS.
‘‘(a) APPOINTMENT OF UNITED STATES COMMISSIONERS.—
‘‘(1) APPOINTMENT.—The United States commissioners on
the Commission shall be appointed by the President, in accord-
ance with paragraph 2 of article 8 of the Agreement, after
taking into consideration the recommendations of—
‘‘(A) the Secretary;
‘‘(B) the Secretary of State; and
‘‘(C) the Alaska Nanuuq Commission.
‘‘(2) QUALIFICATIONS.—With respect to the United States
commissioners appointed under this subsection, in accordance
with paragraph 2 of article 8 of the Agreement—
‘‘(A) 1 United States commissioner shall be an official
of the Federal Government;
‘‘(B) 1 United States commissioner shall be a represent-
ative of the Native people of Alaska, and, in particular,
the Native people for whom polar bears are an integral
part of their culture; and
‘‘(C) both commissioners shall be knowledgeable of,
or have expertise in, polar bears.
‘‘(3) SERVICE AND TERM.—Each United States commissioner
shall serve—
‘‘(A) at the pleasure of the President; and
‘‘(B) for an initial 4-year term and such additional
terms as the President shall determine.
‘‘(4) VACANCIES.—
‘‘(A) IN GENERAL.—Any individual appointed to fill a
vacancy occurring before the expiration of any term of
office of a United States commissioner shall be appointed
for the remainder of that term.
‘‘(B) MANNER.—Any vacancy on the Commission shall
be filled in the same manner as the original appointment.
‘‘(b) ALTERNATE COMMISSIONERS.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of State and the Alaska Nanuuq Commission, shall
designate an alternate commissioner for each member of the
United States section.
‘‘(2) DUTIES.—In the absence of a United States commis-
sioner, an alternate commissioner may exercise all functions
of the United States commissioner at any meetings of the
Commission or of the United States section.
‘‘(3) REAPPOINTMENT.—An alternate commissioner—
Native Alaskans.
President.
16 USC 1423d.
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‘‘(A) shall be eligible for reappointment by the Presi-
dent; and
‘‘(B) may attend all meetings of the United States
section.
‘‘(c) DUTIES.—The members of the United States section may
carry out the functions and responsibilities described in article
8 of the Agreement in accordance with this title and the Agreement.
‘‘(d) COMPENSATION AND EXPENSES.—
‘‘(1) COMPENSATION.—A member of the United States sec-
tion shall serve without compensation.
‘‘(2) TRAVEL EXPENSES.—A member of the United States
section shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of
the United States-Russia Polar Bear Commission.
‘‘(e) AGENCY DESIGNATION.—The United States section shall,
for the purpose of title 28, United States Code, relating to claims
against the United States and tort claims procedure, be considered
to be a Federal agency.
‘‘SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MAT-
TERS BEFORE THE COMMISSION.
‘‘In accordance with paragraph 3 of article 8 of the Agreement,
the United States section, made up of commissioners appointed
by the President, shall vote on any issue before the United States-
Russia Polar Bear Commission only if there is no disagreement
between the United States commissioners regarding the vote.
‘‘SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMIS-
SION.
‘‘(a) IN GENERAL.—The Secretary shall take all necessary
actions to implement the decisions and determinations of the
Commission under paragraph 7 of article 8 of the Agreement.
‘‘(b) TAKING LIMITATION.—Not later than 60 days after the
date on which the Secretary receives notice of the determination
of the Commission of an annual taking limit, or of the adoption
by the Commission of other restriction on the taking of polar bears
for subsistence purposes, the Secretary shall publish a notice in
the Federal Register announcing the determination or restriction.
‘‘SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
‘‘(a) IN GENERAL.—The authority of the Secretary under this
title is in addition to, and shall not affect—
‘‘(1) the authority of the Secretary under other titles of
this Act or the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.) or the exemption for Alaskan natives under section
101(b) of this Act as applied to other marine mammal popu-
lations; or
‘‘(2) the authorities provided under title II of this Act.
‘‘(b) CERTAIN PROVISIONS INAPPLICABLE.—The provisions of
titles I through IV of this Act do not apply with respect to the
implementation or administration of this title, except as specified
in section 503.
16 USC 1423g.
Deadline.
Notice.
Federal Register,
publication.
16 USC 1423f.
16 USC 1423e.
President.
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PUBLIC LAW 109–479—JAN. 12, 2007
LEGISLATIVE HISTORY—H.R. 5946 (S. 2012):
SENATE REPORTS: No. 109–229 accompanying S. 2012 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Dec. 7, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Jan. 12, Presidential statement.
‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out the functions and responsibilities
of the Secretary under this title and the Agreement $1,000,000
for each of fiscal years 2006 through 2010.
‘‘(b) COMMISSION.—There are authorized to be appropriated
to the Secretary to carry out functions and responsibilities of the
United States Section $150,000 for each of fiscal years 2006 through
2010.
‘‘(c) ALASKAN COOPERATIVE MANAGEMENT PROGRAM.—There are
authorized to be appropriated to the Secretary to carry out this
title and the Agreement in Alaska $150,000 for each of fiscal years
2006 through 2010.’’.
(b) CLERICAL AMENDMENT.—The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.) is amended by adding at the end the following:
‘‘TITLE V—POLAR BEARS
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Prohibitions.
‘‘Sec. 503. Administration.
‘‘Sec. 504. Cooperative management agreement; authority to delegate enforcement
authority.
‘‘Sec. 505. Commission appointments; compensation, travel expenses, and claims.
‘‘Sec. 506. Votes taken by the United States Section on matters before the Commis-
sion.
‘‘Sec. 507. Implementation of actions taken by the Commission.
‘‘Sec. 508. Application with other titles of Act.
‘‘Sec. 509. Authorization of appropriations.’’.
(c) TREATMENT
OF
CONTAINERS.—Section 107(d)(2) of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is
amended by striking ‘‘vessel or other conveyance’’ each place it
appears and inserting ‘‘vessel, other conveyance, or container’’.
Approved January 12, 2007.
16 USC 1423h.
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