[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2066

   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
    years 2004, 2005, 2006, 2007, and 2008, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2004

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
    years 2004, 2005, 2006, 2007, and 2008, 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 ``Fishery 
Conservation and Management Amendments Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Definitions.
Sec. 4. Authorization of appropriations.
Sec. 5. Treaty on Pacific Coast albacore tuna.
Sec. 6. Monitoring of Pacific insular area fisheries.
Sec. 7. Caribbean Council jurisdiction.
Sec. 8. Notice of council meetings.
Sec. 9. Fishery management plan requirements.
Sec. 10. Submission of economic data.
Sec. 11. Individual fishing quotas.
Sec. 12. Gulf of Mexico fishing quota systems.
Sec. 13. Action by the secretary.
Sec. 14. Rebuilding depleted fisheries.
Sec. 15. Steaming time.
Sec. 16. Emergency regulations.
Sec. 17. Fishing capacity reduction program.
Sec. 18. Collection of information.
Sec. 19. Access to certain information.
Sec. 20. Maine pocket waters.
Sec. 21. Western Pacific fishery demonstration projects.
Sec. 22. Cooperative research and management.
Sec. 23. Independent peer review of data collection procedures.
Sec. 24. Advisory committee reform and peer review.
Sec. 25. Cumulative impacts.
Sec. 26. Essential fish habitat.
Sec. 27. Cooperative enforcement agreements.
Sec. 28. Scientific and statistical committees report on ecosystem 
                            research priorities; pilot program for 
                            fishery ecosystem plans.D23/

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION 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. DEFINITIONS.

    (a) In General.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by inserting after paragraph (8), the following:
            ``(8A) The term `depleted' when used with respect to a 
        stock of fish, means that the stock is of a size that is below 
        the natural range of fluctuation associated with the production 
        of maximum sustainable yield.'';
            (2) by inserting after paragraph (18) the following:
            ``(18A) The term `habitat area of particular concern' means 
        those waters and submerged substrate that form a discrete 
        vulnerable subunit of essential fish habitat that is required 
        for a stock to sustain itself and which is designated through a 
        specified set of national criteria which includes, at a 
        minimum, a requirement that designation be based on the best 
        scientific information available regarding habitat-specific 
        density of that fish stock, growth, reproduction, and survival 
        rates of that stock within the designated area.'';
            (3) by inserting ``and'' after the semicolon in paragraph 
        (28)(A);
            (4) by striking ``factor; and'' in paragraph (28)(B) and 
        inserting ``factor.'';
            (5) by striking subparagraph (C) of paragraph (28); and
            (6) by striking paragraph (29) and inserting the following:
            ``(29) The term `overfishing' means a rate or level of 
        fishing mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing basis.''.
    (b) Conforming Amendments.--
            (1) The Act is amended by striking ``overfished'' each 
        place it appears and inserting ``depleted''.

SEC. 4. 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 for the 
purposes of carrying out this Act--
            ``(1) $400,000,000 for fiscal year 2004;
            ``(2) $415,000,000 for fiscal year 2005;
            ``(3) $430,000,000 for fiscal year 2006;
            ``(4) $445,000,000 for fiscal year 2007; and
            ``(5) $460,000,000 for fiscal year 2008.''.

SEC. 5. TREATY ON PACIFIC COAST ALBACORE TUNA.

    (a) Foreign Fishing Under Treaty; Implementation.--Section 202(e) 
(16 U.S.C. 1822(e)) is amended by adding at the end the following:
            ``(6) Treaty on pacific coast albacore tuna vessels.--
                    ``(A) Notwithstanding section 201, foreign fishing 
                may be conducted pursuant to the Treaty between the 
                Government of the United States of America and the 
                Government of Canada on Pacific Coast Albacore Tuna 
                Vessels and Port Privileges, signed at Washington May 
                26, 1981, including its Annexes and any amendments 
                thereto.
                    ``(B) The Secretary of Commerce, with the 
                concurrence of the Secretary of State, may promulgate 
                regulations necessary to discharge the obligations of 
                the United States of America under the Treaty between 
                the Government of the United States of America and the 
                Government of Canada on Pacific Coast Albacore Tuna 
Vessels and Port Privileges, signed at Washington May 26, 1981, 
including its Annexes and any amendments thereto.''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 201(a)(1) (16 U.S.C. 1821(a)) 
        is amended by striking ``or (c)'' and inserting ``or (c), 
        section 202(e)(6),''.
            (2) Section 204(a) (16 U.S.C. 1824 (a)) is amended by 
        striking ``vessel.'' and inserting ``vessel or the fishing is 
        authorized under section 202(e)(6).''.
            (3) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by 
        striking ``section 201(i),'' and inserting ``section 201(i) and 
        foreign fishing permitted under section 202(e)(6),''.

SEC. 6. 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 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:
            ``(i) Pacific Insular Area observer programs, or other 
        monitoring 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. 7. 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. 8. NOTICE OF COUNCIL MEETINGS.

    (a) Regular and Emergency Meetings.--The first sentence of section 
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended to read as follows: 
``Timely public notice of each regular meeting and each emergency 
meeting, including the time, place, and agenda of the meeting shall be 
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).''
    (b) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers'' and 
inserting ``provide notice by any means that will result in wide 
publicity''.

SEC. 9. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    Section 303(a)(5) (16 U.S.C. 1853(a)(5)) is amended by inserting 
``harvest and processing revenues (by species), production costs, 
capital expenditures, and other fishing or processing expenses'', after 
``number of hauls,''.

SEC. 10. SUBMISSION OF ECONOMIC DATA.

    Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is amended by striking 
``(other than economic data)''.

SEC. 11. INDIVIDUAL FISHING QUOTAS

    (a) In General.--Section 303 (16 U.S.C. 1853) is amended--
            (1) by striking subsection (b)(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) the conservation requirements of this Act 
                with respect to the fishery;
                    ``(B) present participation in the fishery;
                    ``(C) historical fishing practices in, and 
                dependence on, the fishery;
                    ``(D) the economics of the fishery;
                    ``(E) the capability of fishing vessels used in the 
                fishery to engage in other fisheries;
                    ``(F) the cultural and social framework relevant to 
                the fishery and any affected fishing communities;
                    ``(G) the fair and equitable distribution of a 
                public resource; and
                    ``(H) any other relevant considerations;'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Fishing Quota Systems.--
            ``(1) Establishment.--Any fishery management plan or 
        amendment that is prepared by any Council, or by the Secretary, 
        with respect to any fishery, may establish a fishing quota 
        system consistent with the provisions of subsection (b)(6).
            ``(2) In General.--The Councils and Secretary shall ensure 
        that any such fishing quota system submitted and approved after 
        September 30, 2004, complies with the requirements of this 
        section and--
                    ``(A) shall prevent any person from acquiring an 
                excessive share of the fishing quotas issued, as 
                appropriate for the fishery, and establish any other 
                limits or measures necessary to prevent inequitable 
                concentration of quota share;
                    ``(B) shall provide for the fair and equitable 
                initial allocation of quota share and in such 
                allocation--
                            ``(i) shall take into account present and 
                        historic participation in the fishery;
                            ``(ii) shall consider allocating a portion 
                        of the annual harvest to entry-level fishermen, 
                        small vessel owners, skippers, crew members, 
                        and fishing communities; and
                            ``(iii) may allocate shares among 
                        categories of vessels or gear types;
                    ``(C) shall contain provisions for the regular 
                review and evaluation of the system, including 
                timetables and criteria for evaluating performance, and 
                actions to be taken for failure to meet the criteria;
                    ``(D) shall contain criteria that would govern 
                limitation, revocation, renewal, reallocation, or 
                reissuance of fishing quota, including:
                            ``(i) reallocation or reissuance of quota 
                        revoked pursuant to section 308 of this Act;
                            ``(ii) revocation and reissuance of fishing 
                        quota if the owner of the quota cease to 
                        substantially participate in the fishery; and
                            ``(iii) exceptions to revocation or 
                        limitation in cases of death, disablement, 
                        undue hardship, or in any case in which fishing 
                        is prohibited by the Secretary;
                    ``(E) shall provide a process for appeals of 
                decisions on--
                            ``(i) eligibility of a person to receive or 
                        bid for an allocation of quota shares; and
                            ``(ii) limitations, restrictions and 
                        revocations of quota held by a person;
                    ``(F) shall promote management measures to improve 
                the conservation and management of the fishery, 
                including reduction of bycatch;
                    ``(G) shall provide for effective enforcement, 
                monitoring, management of such system, including 
                adequate data collection and use of observers at least 
                at a level of coverage that should yield statistically 
                significant results;
                    ``(H) may provide for the sale, lease or transfer 
                of quota shares and limitations thereto;
                    ``(I) shall provide a mechanism, such as fees as 
                authorized by section 304(d)(2), including fees payable 
                on quota transfers to recover costs related to 
                administering and implementing the program, including 
                enforcement, management and data collection (including 
                adequate observer coverage), if the assessment of such 
                fees is proportional to the amount of quota held and 
                fished by each quota holder and if such fees are used 
                only for that fishing quota system;
                    ``(J) shall consider the use of community or area-
                based approaches and strategies in developing fishing 
                quota systems and consider other management measures, 
                including measures to facilitate formation of fishery 
                cooperative arrangements, taking into account proximity 
                to and dependence on the resource, contribution of 
                fishing to the social and economic status of the 
                community, and historic participation in the fishery; 
                and
                    ``(K) shall include procedures and requirements 
                necessary to carry out subparagraphs (A) through (J).
            ``(3) No creation of right, title, or interest.--A fishing 
        quota or other limited access system authorization--
                    ``(A) shall be considered a permit for the purposes 
                of sections 307, 308, and 309;
                    ``(B) may be revoked or limited at any time in 
                accordance with this Act, including for failure to 
                comply with the terms of the plan or if the system is 
                found to have jeopardized the sustainability of the 
                stock or the safety of fishermen;
                    ``(C) shall not confer any right of compensation to 
                the holder of such fishing quota or other such limited 
                access system authorization if it is revoked or 
                limited;
                    ``(D) shall not create, or be construed to create, 
                any right, title, or interest in or to any fish before 
                the fish is harvested; and
                    ``(E) shall be considered a grant of permission to 
                the holder of the fishing quota to engage in activities 
                permitted by the fishing quota system.
            ``(4) Eligibility.--Persons eligible to hold fishing quota 
        shares are persons who are United States citizens, or who are 
        United States nationals or permanent resident aliens qualified 
        by Federal law to participate in the fishery.
            ``(5) Duration.--Any fishing quota system established under 
        this section after the date of enactment of the Fishery 
        Conservation and Management Amendments Act of 2004 shall expire 
        at the end of a 10-year period beginning on the date the system 
        is established, or at the end of successive 10 year periods 
        thereafter, unless extended by a fishery management plan 
        amendment in accordance with this Act, for successive periods 
        not to exceed 10 years.
            ``(6) Referendum procedures.--
                    ``(A) Except as provided in subparagraph (C) for 
                the Gulf of Mexico commercial red snapper fishery, a 
                Council may not submit, and the Secretary not approve 
                or implement a fishery management plan or amendment 
                that creates a fishing quota system, including a 
                secretarial plan, unless such a system, as ultimately 
                developed, has been approved by more than two-thirds of 
those voting in a referendum among eligible permit holders. If a 
fishing quota system fails to be approved by the requisite number of 
those voting, it may be revised and submitted for approval in a 
subsequent referendum.
                    ``(B) The Secretary shall conduct the referendum 
                referred to in this paragraph, including notifying all 
                persons 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 fishing quota 
                system. The Secretary shall within one year of 
                enactment of the Fishing Quota Act of 2003 publish 
                guidelines and procedures to determine procedures and 
                voting eligibility requirements for referenda and to 
                conduct such referenda in a fair and equitable manner.
                    ``(C) The provisions of section 407(c) shall apply 
                in lieu of this paragraph for any fishing quota system 
                for the Gulf of Mexico commercial red snapper fishery.
                    ``(D) Chapter 35 of title 44, United States Code, 
                (commonly known as the `Paperwork Reduction Act') does 
                not apply to the referenda conducted under this 
                paragraph.
            ``(7)(A) No provision of law shall be construed to limit 
        the authority of a Council to submit, or the Secretary to 
        approve, the termination or limitation, without compensation to 
        holders of any limited access system permits, of a fishery 
        management plan, plan amendment, or regulation that provides 
        for a limited access system, including a fishing quota system.
            ``(B) This subsection shall not apply to, or be construed 
        to prohibit a Council from submitting, or the Secretary from 
        approving and implementing, amendments to the North Pacific 
        halibut and sablefish, South Atlantic wreckfish, or Mid-
        Atlantic surf clam and ocean (including mahogany) quahog 
        individual fishing quota programs.
            ``(8)(A) 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 1104A(a)(7) of the 
        Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue 
        obligations that aid in financing the--
                    ``(i) purchase of fishing quotas in that fishery by 
                fishermen who fish from small vessels; and
                    ``(ii) first-time purchase of fishing quotas in 
                that fishery by entry level fishermen.
            ``(B) A Council making a submission under subparagraph (A) 
        shall recommend criteria, consistent with the provisions of 
        this Act, that a fisherman must meet to qualify for guarantees 
        under clauses (i) and (ii) of subparagraph (A) and the portion 
        of funds to be allocated for guarantees under each clause.''.
    (b) Independent Review.--Section 303 (16 U.S.C. 1853) is further 
amended by adding at the end the following:
    ``(e) Independent Review of Effectiveness.--
            ``(1) Within 5 years after the date of enactment of the 
        Fishery Conservation and Management Amendments Act of 2004, and 
        every 5 years thereafter, the National Research Council shall 
        provide an independent review of the effectiveness of fishing 
        quota systems conducted in Federal fisheries.
            ``(2) The review shall be conducted by an independent panel 
        of individuals who have knowledge and experience in fisheries 
        conservation and management, in the implementation of fishing 
        quota systems, or in the social or economic characteristics of 
        fisheries. The National Research Council shall ensure that 
        members of the panel are qualified for appointment, are not 
        active quota share holders, and provide fair representation to 
        interests affected by such programs.
            ``(3) The independent review of fishing quota systems shall 
        include--
                    ``(A) a determination of how fishing quota systems 
                affect fisheries management and contribute to improved 
                management, conservation (including bycatch reduction) 
                and safety in the fishery;
                    ``(B) formal input in the form of testimony from 
                quota holders relative to the effectiveness of the 
                fishing quota system;
                    ``(C) an evaluation of the social, economic and 
                biological consequences of the quota system, including 
                the economic effects of the system on fishing 
                communities;
                    ``(D) an evaluation of the costs of implementing, 
                monitoring and enforcing the systems and the methods 
                used to establish or allocate individual quota shares; 
                and
                    ``(E) recommendations to the Councils and the 
                Secretary to ensure that quota systems meet the 
                requirements of this Act and the goals of the plans, 
                and recommendations to the Secretary for any changes to 
                regulations issued under section 304(i).
            ``(4) The Secretary shall submit the report to the Congress 
        and any appropriate Councils within 60 days after the review is 
        completed.''.
    (c) Action on Limited Access Systems.--Section 304 (16 U.S.C. 1854) 
is amended by adding at the end the following:
    ``(i) Action on Limited Access Systems.--Within 1 year after the 
date of enactment of the Fishery Conservation and Management Amendments 
Act of 2004, the Secretary shall issue regulations which establish 
requirements for establishing a fishing quota system. Nothing in this 
paragraph prohibits a Council or the Secretary from initiating 
development of a fishing quota system consistent with the provisions of 
this Act pending publication of the final regulations.''.
    (d) Definitions.--Section (16 U.S.C. 1802) is amended by--
            (1) adding at the end the following:
            ``(46) The term `United States Citizen' means an individual 
        who is a citizen of the United States or a corporation, 
        partnership, association, or other entity that qualifies to 
        document a fishing vessel as a vessel of the United States 
        under chapter 121 of title 46, United States Code.'; and
            (2) striking ```individual fishing quota''' in paragraph 
        (21) and inserting ```fishing quota system'''.
    (e) Conforming Amendments.--
            (1) The following provisions are each amended by striking 
        ``individual fishing quota'' and inserting ``fishing quota'':
                    (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)).
                    (C) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16 
                U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)).
            (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
        striking ``individual''.

SEC. 12. GULF OF MEXICO FISHING QUOTA SYSTEMS.

    Section 407(c) (16 U.S.C. 1883) is amended by adding at the end the 
following:
    ``(3) The initial referendum described in paragraph (1) shall be 
used to determine support for whether the sale, transfer, or lease of 
quota shares shall be allowed.''.

SEC. 13. ACTION BY THE SECRETARY.

    (a) Review of Plans and Initial Regulations.-- Section 304(a)(1) 
(16 U.S.C. 1854(a)(1)) is amended--
            (1) by striking ``amendment,'' before subparagraph (A) and 
        inserting ``amendment and any proposed implementing regulations 
        prepared under section 303(c)(1),'';
            (2) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively;
            (3) by inserting before subparagraph (B), as so 
        redesignated, the following:
                    ``(A)(i) immediately make a preliminary evaluation 
                of the management plan or amendment for purposes of 
                deciding whether it is--
                            ``(I) consistent with the national 
                        standards, the other provisions of this Act, 
                        and other applicable law; and
                            ``(II) sufficient in scope and substance to 
                        warrant review under this subsection;
                    ``(ii) if that decision is affirmative with respect 
                to both subclauses (I) and (II) of clause (i), 
                implement subparagraphs (B) and (C) with respect to the 
                plan or amendment; and
                    ``(iii) if that decision is negative with respect 
                to either subclause (I) or (II) of clause (i), 
                disapprove the plan or amendment and notify the Council 
                in writing of the disapproval and of those matters 
                specified under paragraph (3)(A), (B), and (C) with 
                respect to the plan or amendment;'' and
            (4) by amending subparagraph (C), as so redesignated, to 
        read as follows:
                    ``(C) by the 15th day following transmittal of the 
                plan or amendment, and proposed implementing 
                regulations, publish in the Federal Register--
                            ``(i) a notice stating that the plan or 
                        amendment is available and that written data, 
                        views, or comments of interested persons on the 
                        plan or amendment may be submitted to the 
                        Secretary during the 50-day period beginning on 
                        the date the notice is published; and
                            ``(ii) any proposed implementing 
                        regulations that are consistent with the 
                        fishery management plan or amendment, this Act, 
                        and any other applicable law, for a comment 
                        period of 50 days, except that the Secretary 
                        may include such technical changes to the 
                        Council's proposed regulations as may be 
                        necessary for clarity, along with an 
                        explanation of those changes.''.
    (b) Review of Proposed Modifications.--
            (1) Paragraph (1) of section 304(b) (16 U.S.C. 1854(b)) is 
        amended to read as follows:
            ``(1)(A) Upon transmittal by the Council to the Secretary 
        of regulations proposed under section 303(c)(2), the Secretary 
        shall immediately initiate an evaluation of the proposed 
        regulations to determine whether they are consistent with the 
        fishery management plan, plan amendment, this Act, and other 
        applicable law.
            ``(B) If the Secretary determines that the regulations are 
        consistent, the Secretary shall, within 15 days of transmittal, 
        publish such regulations in the Federal Register, with such 
        technical changes as may be necessary for clarity and an 
        explanation of those changes, for a public comment period of 15 
        to 60 days, unless the Secretary finds good cause not to 
        publish a notice of proposed rulemaking in accordance with 
        section 553 of title 5, United States Code.
            ``(C) If the Secretary determines that the regulations are 
        not consistent, the Secretary shall, within 15 days of 
        transmittal, notify the Council in writing of the 
        inconsistencies and provide recommendations on revisions that 
        would make the proposed regulations consistent with the fishery 
        management plan, plan amendment, this Act, and other applicable 
        law.''.
            (2) Section 304(b)(2) (16 U.S.C. 1854(b)(2)) is amended by 
        striking ``paragraph (1)(B),'' and inserting ``paragraph 
        (1)(C),''.
            (3) Section 304(b)(3) (16 U.S.C. 1854(b)(3)) is amended by 
        striking ``paragraph (1)(A).'' and inserting ``paragraph 
        (1)(B), and within 45 days after the end of the comment period 
        under subsection (a)(1)(C).''.
            (4) Section 304(b)(16 U.S.C. 1854(b)) is amended by adding 
        at the end the following:
            ``(4) For regulatory actions, other than those proposed by 
        a Council under section 303(c), that are taken in accordance 
        with a fishery management plan, the Secretary shall process the 
        actions in accordance with the plan. If the Secretary 
        determines that the actions are consistent with the plan, this 
Act, and other applicable law, the Secretary shall publish in the 
Federal Register a notice of the actions. The Secretary may find good 
cause not to publish a notice of proposed rulemaking in accordance with 
section 553 of title 5, United States Code.''.

SEC. 14. REBUILDING DEPLETED FISHERIES.

    (a) In General.--Section 304(e)(4) (16 U.S.C. 1854) is amended to 
read as follows:
    ``(4) The Secretary shall promulgate regulations to govern fishing 
after January 1, 2008, that--
            ``(A) limit fishing mortality to a rate not greater than 
        the rate that would be expected to produce maximum sustainable 
        yield, except--
                    ``(i) in cases where management measures under an 
                international agreement in which the United States 
                participates dictate otherwise; and
                    ``(ii) as provided in subparagraph (B);
            ``(B) for stocks that are depleted, limit fishing mortality 
        to 80 percent of the fishing mortality rate that would be 
        expected to produce maximum sustainable yield, except in cases 
        where management measures under an international agreement in 
        which the United States participates dictate otherwise; and
            ``(C) allocate both fishing restrictions and recovery 
        benefits fairly and equitably among gear sectors and 
        communities in the fishery, taking into account long term 
        historical participation in the fishery.''.
    (b) Section 304(e)(3) (16 U.S.C. 1854(e)(3)) is amended by striking 
``Within one year of an identification under paragraph (1)'' and 
inserting ``Within 1 year after a fishery is identified as depleted or 
approaching a condition of being depleted,''.
    (c) Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) by redesignating paragraphs (2) through (14) as 
        paragraphs (3) through (15), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) specify a biomass limit below which the stock should 
        not be allowed to fall and a threshold below which the fishing 
        mortality rate must be reduced;''.

SEC. 15. STEAMING TIME.

    Section 301(a)(4) (16 U.S.C. 1851(a)(4)) is amended by striking 
``privileges.'' and inserting ``privileges, and shall take into account 
the differences in distances to fishing grounds from different 
States.''.

SEC. 16. 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,'' 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''.

SEC. 17. FISHING CAPACITY REDUCTION PROGRAM.

    Section 312 (16 U.S.C. 1861(a)) is amended by striking subsections 
(b) through (e) and inserting the following:
    ``(b) Fishing Capacity Reduction Program.--
            ``(1) The Secretary may conduct a fishing capacity 
        reduction program in a fishery under the authority of the 
        Secretary, a Council or a State if the Secretary determines 
        that the program--
                    ``(A) is necessary to improve either the fishery's 
                conservation and management or the fishery's economic 
                efficiency, stability, safety, well being, 
                organizational effectiveness, or subsequent 
                rationalization;
                    ``(B) is consistent with the Federal or State 
                fishery management plan or program in effect for such 
                fishery, as appropriate, and that the fishery 
                management plan--
                            ``(i) will prevent replacement of the 
                        fishing capacity that the program removes 
                        through a moratorium on new entrants, 
                        practicable restrictions on vessel upgrades, 
                        and measures that take into account any latent 
                        fishing capacity in the fishery's fleet; and
                            ``(ii) establishes a specified or target 
                        total allowable catch or other measures that 
                        trigger fishery closure or adjustments;
                    ``(C) is cost-effective and, in the instance of a 
                program involving an industry-fee system, prospectively 
                capable of repaying any debt obligation incurred under 
                section 1111 of the Merchant Marine Act, 1936 (46 
                U.S.C. App. 1279d); and
                    ``(D) all participants in the capacity reduction 
                program participate on a voluntary basis, but the 
                Secretary is authorized to ensure compliance with the 
                program by those who choose to participate.
            ``(2) The objective of the program shall be to obtain the 
        maximum sustained reduction in fishing capacity at the least 
        cost and in a minimum period of time. To achieve that 
        objective, the Secretary is authorized to pay--
                    ``(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 and such vessel is--
                            ``(i) scrapped; or
                            ``(ii) subjected to title restrictions 
                        (including, but not limited to, loss of the 
                        vessel's fisheries endorsement) by the 
                        Secretary of the department in which the Coast 
                        Guard is operating, that permanently prohibit 
                        and effectively prevent its use in domestic 
                        fishing; or
                    ``(B) the holder of a permit authorizing 
                participation in the fishery, if such permit is 
                surrendered for permanent revocation, and such holder 
                relinquishes any claim associated with the permit and 
                vessel used to harvest fishery resources under 
the permit that could qualify such holder for any present or future 
limited access system permit in the fishery for which the program is 
established.
            ``(3) The Secretary shall consult, as appropriate, with 
        Councils, Federal agencies, State and regional authorities, 
        affected fishing communities, participants in the fishery, 
        conservation organizations, and other interested parties 
        throughout the development and implementation of the program 
        under this section.
    ``(c) Program Funding.--
            ``(1) The program may be funded by any combination of 
        amounts--
                    ``(A) available under clause (iv) of section 
                2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C. 
                713c-3(b)(1)(A); the Saltonstall-Kennedy Act);
                    ``(B) appropriated for the purposes of this 
                section;
                    ``(C) provided under an industry fee system 
                established under subsection (d) and in accordance with 
                section 1111 of the Merchant Marine Act, 1936 (46 
                U.S.C. App. 1279d); or
                    ``(D) provided by any State or other public or 
                private or non-profit organization.
            ``(2) All funds for the program, including any fees 
        established under subsection (d), shall be paid into the 
        fishing capacity reduction funds established under section 1111 
        of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279d).
    ``(d) Industry Fee System.--
            ``(1)(A) If an industry fee system is necessary to fund the 
        program, the Secretary shall conduct a referendum on such 
        system. Prior to the referendum, the Secretary shall--
                    ``(i) identify, to the extent, practicable, and 
                notify all permit or vessel owners who would be 
                affected by the program; and
                    ``(ii) make available to such owners information 
                about the industry fee system describing the schedule, 
                procedures, and eligibility requirements for the 
                referendum; the proposed program; and the amount and 
                duration and any other terms and conditions of the 
                proposed fee system.
            ``(B) The industry fee system shall be approved if the 
        referendum votes which are cast in favor of the proposed system 
        constitute a two-thirds majority of the participants voting.
            ``(2) Notwithstanding section 304(d) and consistent with an 
        approved industry fee system, the Secretary is authorized to 
        establish such a system to fund the program and repay debt 
        obligations incurred pursuant to section 1111 of the Merchant 
        Marine Act, 1936 (46 U.S.C. App. 1279d). The fees for a program 
        established under this section shall--
                    ``(A) be determined by the Secretary and adjusted 
                from time to time as the Secretary considers necessary 
                to ensure the availability of sufficient funds to repay 
                such debt obligations;
                    ``(B) not exceed 5 percent of the ex-vessel value 
                of all fish involved in the program harvested from the 
                fishery for which the program is established;
                    ``(C) be deducted by the first ex-vessel purchaser 
                from the proceeds otherwise payable to the seller and 
                accounted for and forwarded by such fish purchasers to 
                the Secretary in such a manner as the Secretary may 
                establish unless the Secretary determines that such 
                fees should be collected from the seller; and
                    ``(D) be in effect only until such time as the debt 
                obligation has been fully paid.
    ``(e) Program Implementation.--
            ``(1) The Secretary shall propose and adopt framework 
        regulations applicable to implementing all programs under this 
        section.
            ``(2) The Secretary shall implement each program under this 
        section by proposing and adopting regulations that shall, 
        together with the framework regulations, establish each program 
        and control its implementation.
            ``(3) The harvester proponents of each program shall, 
        before the Secretary proposes such regulation, provide to the 
        Secretary a proposed implementation plan that--
                    ``(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 
                        regulations;
                            ``(iii) the characteristics of the fishery;
                            ``(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) suggests proposed procedures for program 
                participation (such as submission of owner bids under 
                an auction system or fair market-value assessment), 
                including any terms and condition for participation, 
                that the harvester proponents deem to be reasonably 
                necessary to meet the program's proposed objectives.
            ``(4) The Secretary shall contract with each person 
        participating in a program, and each such contract shall, in 
        addition to including such other matters as the Secretary deems 
necessary and appropriate to effectively implement each program 
(including penalties for contract non-performance) be consistent with 
the framework and implementing regulations and all other applicable 
law.
            ``(5) 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 each bid in 
        the rank order of its bid score, with each bid whose reduction 
        price is the lowest percentage of the productivity factor being 
        first accepted over each bid whose reduction factor is the next 
        lowest percentage of the productivity factor.
            ``(6) 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 irrevocable offer 
        from the bidder.''.

SEC. 18. COLLECTION OF INFORMATION.

    (a) Programs Initiated by Secretary.--Section 402 (16 U.S.C. 1881a) 
is amended--
            (1) by redesignating subsection (a) as paragraph (1) and 
        moving the left margin 2 ems to the right;
            (2) by inserting ``(a) Collection Programs.--'' before 
        paragraph (1), as redesignated;
            (3) by striking ``subsection'' in the last sentence of 
        paragraph (1), as redesignated, and inserting ``paragraph''; 
        and
            (4) by adding inserting after paragraph (1), as 
        redesignated, the following:
            ``(2) Secretarial initiation.--If the Secretary determines 
        that additional information is necessary for developing, 
        implementing, revising, or monitoring a fishery management 
        plan, or for determining whether a fishery is in need of 
        management, the Secretary may, by regulation, implement an 
        information collection or observer program requiring submission 
        of such additional information for the fishery.''.
            (5) by striking ``under this Act shall be confidential and 
        shall not be disclosed,'' in subsection (b)(1) and inserting 
        ``under this Act, and that would disclose proprietary or 
        confidential commercial or financial information regarding 
        fishing operations or fish processing operations, shall be kept 
        confidential and not disclosed for a period of 20 years 
        following the year of submission to the Secretary,''; and
            (6) by striking ``under this Act,'' in subsection (b)(2) 
        and inserting ``under this Act, and that would disclose 
        proprietary or confidential commercial or financial information 
        regarding fishing operations or fish processing operations,''.
    (b) Collection of Certain Information Regarding Business 
Operations.--Paragraph (1) of section 402(a) (16 U.S.C. 1881a(a)), as 
redesignated by subsection (a) of this section, is amended 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.

SEC. 19. ACCESS TO CERTAIN INFORMATION.

    (a) Certain State Employees.--Section 402(b)(1) (16 U.S.C. 
1881a(b)(1)) is amended--
            (1) by redesignating subparagraphs (B) through (F) as 
        subparagraphs (C) through (G), respectively; and
            (2) by inserting after subparagraph (A) the following:
            ``(B) to State employees who are responsible for fishery 
        management plan monitoring, if the States employing those 
        employees have entered into a fishery enforcement agreement 
        with the Secretary and the agreement is in effect;''.
    (b) Determinations Under Limited Access System.--Section 402(b)(1) 
(16 U.S.C. 1881a(b)(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (F), as redesignated by subsection (a) of this section;
            (2) by striking ``Act.'' in subparagraph (G), as 
        redesignated by subsection (a), and inserting ``Act; or''; and
            (3) by adding at the end the following:
            ``(H) when such information is required by the Secretary 
        for any determination under a limited access system.''.

SEC. 20. MAINE POCKET WATERS.

    Section 808(a) of the Atlantic Coastal Fisheries Cooperative 
Management Act (16 U.S.C. 5107a(a)) is amended by striking paragraphs 
(1) through (4) and inserting the following:
            ``(1) west of Monhegan Island in the area north of the line 
        43 degrees 42'10.0"N, 69 degrees 34'16.0"W and 43 degrees 
        42'15.0"N, 69 degrees 19'18.0"W;
            ``(2) east of Monhegan Island in the area located north of 
        the line 43 degrees 44'0.0"N, 69 degrees 15'05.0"W and 43 
        degrees 48'10.0"N, 69 degrees 08'01.0"W;
            ``(3) southeast of Matinic Island in the area located north 
        of the line 43 degrees 48'10.0"N, 69 degrees 08'01.0"W and 43 
        degrees 44'08.0"N, 69 degrees 53'01.0"W;
            ``(4) south of Vinalhaven Island in the area located west 
        of the line 43 degrees 52'18.5"N, 68 degrees 40'0.0"W, and 43 
        degrees 58'10.5"N, 68 degrees 32'57.0"W;
            ``(5) south of Bois Bubert Island in the area located 
        northwest of the line 44 degrees 19'16.5"N, 67 degrees 
        49'30.0"W, and 44 degrees 23'40.0"N and 67 degrees 40'30.0"W.".

SEC. 21. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

    Section 111(b)(6) of the Sustainable Fisheries Act (16 U.S.C. 1855 
note) is amended to read as follows:
            ``(6) For purposes of this subsection, `Western Pacific 
        community' shall mean 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)).''.

SEC. 22. COOPERATIVE RESEARCH AND MANAGEMENT.

    The Act is amended by adding at the end the following:

             ``TITLE V--COOPERATIVE RESEARCH AND MANAGEMENT

``SEC. 501. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Secretary shall establish a national 
cooperative research and management program to be administered by the 
National Marine Fisheries Service, based on recommendations by the 
Councils. The program shall consist of cooperative research and 
management activities between fishing industry participants, the 
affected States, and the Service.
    ``(b) Research Awards.--Each research project under this program 
shall be awarded on a standard competitive basis established by the 
Service, in consultation with the Councils. Each Council shall 
establish a research steering committee to carry out this subsection.
    ``(c) Guidelines.--The Secretary, in consultation with the 
appropriate Council and the fishing industry, shall create guidelines 
so that participants in this program are not penalized for loss of 
catch history or unexpended days-at-sea as part of a limited entry 
system.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Marine Fisheries Service, in addition to 
amounts otherwise authorized by this Act, the following amounts, to 
remain available until expended, for the conduct of this program:
            ``(1) $25,000,000 for fiscal year 2004.
            ``(2) $30,000,000 for fiscal year 2005.
            ``(3) $35,000,000 for fiscal year 2006.
            ``(4) $40,000,000 for fiscal year 2007.
            ``(5) $45,000,000 for fiscal year 2008.
    ``(e) New England Trawl Survey.--Of the funds authorized in 
subsection (d) $3,000,000 shall be authorized for the purpose of 
cooperative comparative trawl research between the National Marine 
Fisheries Service and fishing industry participants for the Northeast 
multispecies groundfish fishery, which the Secretary shall design and 
administer with input from fishing industry participants and other 
interested stakeholders.''.

SEC. 23. INDEPENDENT PEER REVIEW OF DATA COLLECTION PROCEDURES.

    The Act is amended by adding at the end of title IV (16 U.S.C. 1881 
et seq.) the following:

``SEC. 408. PEER REVIEW.

    ``(a) In General.--The National Academy of Sciences shall review 
and recommend measures for improving National Marine Fisheries 
Service's procedures for ensuring data quality in the data collection 
phase of the stock assessment program.
    ``(b) Subject Matter.--The review shall address--
            ``(1) the quality control protocols through which stock 
        assessment equipment is calibrated, operated, inspected, and 
        maintained;
            ``(2) the frequency and financial cost of these quality 
        control checks;
            ``(3) how the accuracy and validity of data collected with 
        sampling equipment is verified; and
            ``(4) how measurement error is accounted for in stock 
        assessment modeling and analysis based on these data.
    ``(c) Scope.--The review shall apply to all activities that affect 
stock assessment data quality, whether conducted by the National Marine 
Fisheries Service or by National Marine Fisheries Service 
contractors.''.

SEC. 24. ADVISORY COMMITTEE REFORM AND PEER REVIEW.

    (a) Committe and Council Procedure Reforms.--Section 302(g) (16 
U.S.C. 1852(g)) is amended--
            (1) by adding at the end of paragraph (3) the following:
            ``(C) For each committee established under subparagraph 
        (A), each Council shall establish standard operating procedures 
        relating to time, place, public participation, and frequency of 
        meetings, a description of the type and format of information 
        to be provided under subparagraph (A), a description of how 
        recommendations under subparagraph (A) will be used, and other 
        relevant factors.'';
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) Each Council shall establish standard operating 
        procedures relating to the relevant scientific review committee 
        or committees that are responsible for conducting peer reviews 
        of all stock assessments and economic and social analyses 
        prepared for fisheries under the Council's jurisdiction. 
        Committees under this paragraph shall consist of members from 
        the committee established under paragraph (1) of this 
        subsection and, to the extent practicable, independent 
        scientists qualified to peer review such assessments and 
        analyses.''.
    (b) Peer Review.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) to the extent practicable conduct a peer review of 
        any stock assessments and economic and social analyses prepared 
        for a fishery under its jurisdiction, utilizing the procedures 
        established under subsection (g)(5); and''.

SEC. 25. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended to read as follows:
            ``(8) Conservation and management measures shall, 
        consistent with the conservation requirements of this Act 
        (including the prevention of overfishing and rebuilding of 
        overfished stocks), Utilize economic and social data and 
        assessment methods of the highest analytical standards when 
        taking into account the importance of fishery resources to 
        fishing communities, and the individual and cumulative economic 
        and social impacts of fishery conservation and management 
measures on such communities, in order to--
                    ``(A) provide for the sustained participation of 
                such communities; and
                    ``(B) to the extent practicable, minimize adverse 
                social and economic impacts on such 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 ``describe in 
detail the likely effects, including the individual and cumulative 
economic and social impacts, of the conservation and management 
measures on and possible mitigation measures for--''.

SEC. 26. ESSENTIAL FISH HABITAT.

    (a) Fishery Management Plans.--Section 303(a)(7) (16 U.S.C. 
1853(a)(7)) is amended to read as follows:
            ``(7) describe and identify essential fish habitat and 
        habitat areas of particular concern for the fishery based on 
        the guidelines established by the Secretary under section 
        305(b)(1)(A), and give priority to minimizing to the extent 
        practicable adverse effects on habitat areas of particular 
        concern caused by fishing and identify other actions to 
        encourage the conservation and enhancement of such habitat;''.
    (b) Fish Habitat Requirement.--Section 305(b)(1) (16 U.S.C. 
1855(b)(1)) is amended by inserting ``and habitat areas of particular 
concern'' after ``essential fish habitat'' each place it appears in 
subparagraphs (A) and (B).

SEC. 27. COOPERATIVE ENFORCEMENT AGREEMENTS.

    Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end 
thereof the following:

``SEC. 315. COOPERATIVE ENFORCEMENT USES.

    ``(a) In General.--The Governor of a State represented on an 
Interstate Fisheries Commission may apply to the Secretary for 
execution of a cooperative enforcement agreement with the Secretary 
that will authorize the deputization of State law enforcement officers 
with marine law enforcement responsibilities to perform duties of the 
Secretary relating to law enforcement provisions under this Act or any 
other marine resource laws enforced by the Secretary. Upon receiving an 
application meeting the requirements of this section, the Secretary 
shall enter into the cooperative enforcement agreement with the 
requesting State.
    ``(b) Requirements.--Cooperative enforcement agreements executed 
under subsection (a)--
            ``(1) shall be consistent with the purposes and intent of 
        section 311(a) of this Act, to the extent applicable to the 
        regulated activities; and
            ``(2) may include specifications for joint management 
        responsibilities as provided by the first section of Public Law 
        91-412 (15 U.S.C. 1525).
    ``(c) Authorization and Allocation of Funds.--There are authorized 
to be appropriated to the Secretary for the purposes of carrying out 
this section $10,000,000 in each of fiscal years 2004 through 2008. The 
Secretary shall include in each cooperative enforcement agreement an 
allocation of funds to assist in management of the agreement. The 
allocation shall be equitably distributed among all States 
participating in cooperative enforcement agreements under this 
subsection, based upon consideration of the specific marine 
conservation enforcement needs of each participating State. Such 
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.''.

SEC. 28. SCIENTIFIC AND STATISTICAL COMMITTEES REPORT ON ECOSYSTEM 
              RESEARCH PRIORITIES; PILOT PROGRAM FOR FISHERY ECOSYSTEM 
              PLANS.

    Section 406 (16 U.S.C. 1882) is amended by adding at the end 
thereof the following:
    ``(f) Research.--
            ``(1) Report required.--Within 12 months after the date of 
        enactment of the Fishery Conservation and Management Amendments 
        Act of 2004 the Scientific and Statistical Committees of each 
        regional fishery management council shall identify and submit a 
        report to the Secretary outlining prioritized information or 
        research needs to support ecosystem based management of the 
        fisheries within its jurisdiction. In determining what factors 
        to consider, the Committees may consider the recommendations 
        outlined in the report under section (d).
            ``(2) Assistance.--The Secretary shall provide assistance 
        to the regional councils to obtain the prioritized information 
        and conduct research identified in the reports under paragraph 
        (1). These efforts shall not displace existing research efforts 
        and priorities identified by the regional councils or the 
        Secretary.
    ``(g) Pilot Program.--
            ``(1) In general.--Within 18 months after the date of 
        enactment of the Fishery Conservation and Management Amendments 
        Act of 2004 the Secretary, in consultation with the 8 regional 
        fishery management council Chairs and affected stakeholders, 
        shall identify at least one fishery or complex of interacting 
        fisheries suitable for the development of a pilot Fishery 
        Ecosystem Plan. The Secretary shall consider the reports 
        submitted under subsection (f) when selecting the pilot 
        program.
            ``(2) Coordination with appropriate council.--After 
        identifying the pilot Fishery Ecosystem Plan, the Secretary 
        shall coordinate with the appropriate regional fishery 
        management council to identify any information or conduct any 
        research that may be needed to complete such a plan including a 
        model of the food web, habitat needs of organisms identified in 
        the food web, rates of mortality, identification of indicator 
        species, and any other relevant data and monitoring needs.
            ``(3) Fishery ecosystem plan.--Within 30 months after 
        identification of the pilot fishery or complex of interacting 
        fisheries, the appropriate regional fishery management council 
        shall submit to the Secretary for approval a Fishery Ecosystem 
        Plan. In creating such plan, the council may consider the 
        recommendations outlined in the report under section (d).''.
                                 <all>