[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4940 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4940

To amend the Magnuson-Stevens Fishery Conservation and Management Act, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2006

Mr. Frank of Massachusetts (for himself and Mr. Tierney) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Magnuson-Stevens Fishery Conservation and Management Act, 
                        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 Management 
Amendments 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. Rebuilding depleted fisheries.
Sec. 4. Economic and social impacts of fishery management actions.
Sec. 5. Improvements in fishery science and research.
Sec. 6. Fishing safety.
Sec. 7. Bycatch.
Sec. 8. Capacity reduction.
Sec. 9. Individual fishing quotas.
Sec. 10. Compliance with National Environmental Policy Act of 1969.
Sec. 11. Grants for construction or repair of wharves and related 
                            facilities.
Sec. 12. Fishery science education program.
Sec. 13. Authorization of Appropriations.

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. REBUILDING DEPLETED FISHERIES.

    (a) Treatment of Stocks as Depleted; Prevention of Unsustainable 
Fishing.--
            (1) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
                    (A) by striking paragraph (29);
                    (B) by redesignating the last paragraph (relating 
                to the definition of ``waters of a foreign nation'') as 
                paragraph (46); and
                    (C) by adding at the end the following:
            ``(47) The term `depleted' means, with respect to a stock 
        of fish, that, based on the best scientific information 
        available, the stock of fish is below 50 percent of the 
        population level that is necessary to produce maximum 
        sustainable yield for the stock of fish on a continuing basis.
            ``(48) The term `unsustainable fishing' means, with respect 
        to a stock of fish, a rate of fishing mortality that, based on 
        the best scientific information available, is likely, if such 
        rate is maintained, to result over time in a reduction in the 
        stock of fish below a population level that is consistent with 
        producing maximum sustainable yield for the stock of fish on a 
        continuing basis.''.
            (2) Substitution of terms.--The Magnuson-Stevens Fishery 
        Conservation and Management Act is amended--
                    (A) by striking ``overfished'' each place it 
                appears and inserting ``depleted'';
                    (B) by striking ``Overfished'' each place it 
                appears and inserting ``Depleted''; and
                    (C) by striking ``overfishing'' each place it 
                appears and inserting ``unsustainable fishing''.
    (b) Ensuring Scientific Determinations of Depleted Conditions.--
Section 304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by adding at the 
end the following: ``All determinations by the Secretary under this 
subsection that a fishery is depleted or approaching a condition of 
being depleted shall be based on the best scientific information 
available, shall be subject to peer review in accordance with section 
404(d), and shall include an explanation of the cause or causes of the 
depleted condition of the fishery''.
    (c) Rebuilding Flexibility.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended--
            (1) in paragraph (4)(A)(ii) by inserting after ``other 
        environmental conditions,'' the following: ``a need to 
        alleviate a projected significant negative economic impact on 
        fishing communities (subject to the requirements in paragraph 
        (10)),'';
            (2) in paragraph (4) by striking ``and'' after the 
        semicolon at the end of subparagraph (B), by striking the 
        period at the end of subparagraph (C) and inserting ``; and'', 
        and by adding at the end the following:
                    ``(D) for a multispecies fishery in which more than 
                one stock of fish within the fishery is subject to a 
                fishery management plan, plan amendment, regulation, or 
                proposed regulation pursuant to paragraph (3) or (5), 
                provide that the rebuilding deadline may be extended 
                for an individual stock of fish within the fishery 
                subject to the management measures in such plan, 
                amendment, or regulation, for an additional time period 
                that is not longer than the time period specified for 
                the fishery under subparagraph (A), if--
                            ``(i) such stock is not projected to be 
                        rebuilt at the conclusion of the time period 
                        specified under subparagraph (A);
                            ``(ii) taking into account the biology of 
                        the several stocks of fish in the multispecies 
                        fishery--
                                    ``(I) the aggregate average 
                                population for all of the stocks of 
                                fish in the multispecies fishery that 
                                are subject to the management measures 
                                is projected, under a formula 
                                established by the Secretary in 
                                accordance with paragraph (8), to 
                                remain at a level that is consistent 
                                with producing maximum sustainable 
                                yield on a continuing basis; and
                                    ``(II) no individual stock of fish 
                                that is subject to the management 
                                measures is depleted or projected to be 
                                depleted; and
                            ``(iii) the Secretary, taking into account 
                        the biology of the stock of fish for which the 
                        deadline is extended, certifies that such stock 
                        of fish is projected, using the best scientific 
                        information available, to continue 
                        rebuilding.''; and
            (3) by adding at the end the following:
            ``(8) The Secretary shall issue a regulation that 
        establishes the formula for calculating the aggregate average 
        of all stocks of fish in a multispecies fishery for purposes of 
        paragraph (4)(D). The Secretary shall provide an opportunity 
        for submission of public comment on such formula for a 6-month 
        period. The formula shall be based on the best scientific 
        information available, and shall take into account the relative 
        sizes of the populations of the various stocks of fish in the 
        fishery. The Secretary shall ensure that any finding, based on 
        such formula, as to whether a multispecies fishery is rebuilt 
        shall be subject to peer review in accordance with section 404.
            ``(9) The Secretary may extend the rebuilding time period 
        under paragraph (4)(A)(ii), if--
                    ``(A) the biomass rebuilding target is 
                substantially increased during the rebuilding period;
                    ``(B) the extension will apply only to those 
                species for which the new biomass targets exceed the 
                targets in the existing plan;
                    ``(C) the extension does not exceed 10 years; and
                    ``(D) the best scientific information available 
                shows that the extension will allow continued 
                rebuilding and completion of rebuilding by the end of 
                the extension.
            ``(10) The Secretary may extend the rebuilding time period 
        under paragraph (4)(A)(ii) to alleviate projected significant 
        negative economic impact on fishing communities, if--
                    ``(A) the determination of economic impact has been 
                subject to peer review in accordance with section 404;
                    ``(B) the best scientific information available 
                shows that rebuilding will be achieved in no more than 
                twice the number of years of the original rebuilding 
                period; and
                    ``(C) the best scientific information available 
                shows that the extension will allow continued 
                rebuilding and completion of rebuilding by the end of 
                the extension.
            ``(11) The Secretary or the Council may, during a 
        rebuilding period, amend a rebuilding plan to allow an increase 
        in the rate of harvest of the depleted stock of fish concerned, 
        if--
                    ``(A) the Secretary determines during the 
                rebuilding period that the depleted stock of fish is 
                rebuilding at a significantly faster rate than the rate 
                that was projected at the beginning of the rebuilding 
                period; and
                    ``(B) the best scientific information available 
                shows that the increased rate will allow continued 
                rebuilding and completion of rebuilding by the end of 
                the rebuilding period.''.
    (d) Consideration of Environmental Conditions and Natural 
Fluctuations.--Section 304(e)(1) (16 U.S.C. 1854(e)(1)) is further 
amended by inserting ``environmental conditions, natural biological 
fluctuations,'' after ``fishery resource size,''.
    (e) Actions Following Determination of Depleted State.--Section 
304(e) (16 U.S.C. 1854(e)) is further amended--
            (1) in paragraph (2) by striking the first sentence and 
        inserting the following: ``(A) If the Secretary determines at 
        any time that a fishery is depleted, and that unsustainable 
        fishing is a cause of the depleted state of the fishery, the 
        Secretary shall immediately notify the appropriate Council and 
        request that action be taken to end unsustainable fishing in 
        the fishery in a manner consistent with section 304(e)(3) and 
        to implement conservation and management measures to rebuild 
        affected stocks of fish.'';
            (2) by adding at the end of paragraph (2) the following:
            ``(B) If the Secretary determines that environmental 
        conditions or other factors not directly related to fishing 
        have contributed to the depleted state of the fishery, the 
        Secretary--
                    ``(i) shall immediately notify the appropriate 
                Council and may request that action be taken to end 
                unsustainable fishing in the fishery in a manner 
                consistent with section 304(e)(3) and to implement 
                conservation and management measures to rebuild the 
                fishery; and
                    ``(ii) shall consult with the Administrator of the 
                Environmental Protection Agency or other appropriate 
                Federal Government officials on additional methods of 
                alleviating such conditions or factors.'';
            (3) in paragraph (3) by striking ``or'' after the semicolon 
        at the end of subparagraph (A), by striking the period at the 
        end of subparagraph (B) and inserting ``; or'' and by adding at 
        the end the following:
                    ``(C) coordinate other actions to alleviate the 
                depleted condition of the fishery with other Federal 
                Government officials.'';
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``shall'';
                    (B) in each of subparagraphs (A), (B), and (C) by 
                inserting ``shall'' after the subparagraph designation; 
                and
                    (C) by striking ``and'' after the semicolon at the 
                end of subparagraph (B), by striking the period at the 
                end of subparagraph (C) and inserting ``and'', and by 
                adding at the end the following:
                    ``(D) may temporarily permit fishing during a 
                rebuilding period at rates that, if such temporary 
                rates were maintained until the end of the rebuilding 
                period, could result in rebuilding not being completed 
                by the end of the rebuilding period, if the mortality 
                rates associated with such temporary rates (and any 
                adjustments to such mortality rates that are required 
                pursuant to fishery management measures adopted during 
                the rebuilding period) are projected to produce 
                continued rebuilding and lead to a completion of 
                rebuilding by the end of the rebuilding period (or the 
                end of any extension of the rebuilding period under 
                paragraph (9) or (10)).'';
            (5) in paragraph (5) by striking ``the Secretary shall 
        prepare'' and all that follows through the end of the sentence 
        and inserting ``the Secretary shall, within 9 months after the 
        end of such one-year period, prepare under subsection (c) a 
        fishery management plan or plan amendment and any accompanying 
        regulations that may be necessary to rebuild affected stocks of 
        fish, including, if necessary, measures to stop, or reduce the 
        rate of, unsustainable fishing.'';
            (6) in paragraph (6) by striking the last sentence; and
            (7) in paragraph (7) in the second sentence by striking 
        ``ending overfishing and''.

SEC. 4. ECONOMIC AND SOCIAL IMPACTS OF FISHERY MANAGEMENT ACTIONS.

    (a) Restoring Balance Between National Standards on Unsustainable 
Fishing and Economic Impact.--Section 301 (16 U.S.C. 1851) is amended 
by adding at the end the following:
    ``(c) Rule of Construction Regarding National Standard (8).--
Paragraph (8) of subsection (a) shall be construed to be of equal 
importance as the other paragraphs of subsection (a). The Secretary 
shall ensure that paragraph (8) of subsection (a)--
            ``(1) is applied to the same extent as the other paragraphs 
        of subsection (a); and
            ``(2) is given consideration that is substantially the same 
        as the consideration given to the other paragraphs of 
        subsection (a), with respect to all fishery management plans, 
        decisions, and actions under this Act.''.
    (b) Cumulative Economic and Social Impact.--Section 301(a)(8) (16 
U.S.C. 1851(a)(8)) is amended by inserting after ``the importance of 
fishery resources to fishing communities'' the following: ``and the 
cumulative economic and social impact of fishery conservation and 
management measures on such communities''.
    (c) Required Provisions of Fishery Management Plans.--Section 
303(a)(9) (16 U.S.C. 1853(a)(9)) is amended by inserting before the 
semicolon the following: ``, including the likely economic and social 
impacts of the plan or amendment on the affected participants and 
fishing communities''.
    (d) Amendment to Definition of Fishing Community.--Section 3(16) 
(16 U.S.C. 1802(16)) is amended--
            (1) by striking ``and crew'' and inserting ``crew''; and
            (2) by inserting ``, and other shore side businesses that 
        have substantial involvement in the fishing industry,'' after 
        ``processors''.
    (e) Fishing Industry Health Care Coverage Demonstration Program.--
            (1) Grants program authorized.--The Secretary shall carry 
        out a program of grants in accordance with this subsection to 
        organizations for planning, implementation, and administration 
        of qualifying health care coverage programs that provide 
        benefits to individuals who are employed in the fishing 
        industry (and their families), and--
                    (A) who are in general ineligible for existing 
                health care coverage programs because of the sporadic 
                and transient nature of employment opportunities in the 
                fishing industry;
                    (B) whose ability to acquire health care coverage 
                is negatively affected by the nature of the fishing 
                industry or fishery management actions; or
                    (C) whose ability to acquire health care coverage 
                is negatively affected by a natural disaster that has a 
                harmful economic impact on commercial fishing.
            (2) Grant program requirements.--The Secretary shall award 
        grants under this subsection--
                    (A) on a competitive basis;
                    (B) after consultation with government officials or 
                representatives of organizations who are familiar with 
                the commercial fishing industry in the affected area;
                    (C) according to the terms and limits described in 
                paragraphs (4), (5), and (6), except that grants that 
                are awarded under paragraphs (5) and (6) shall include 
                a requirement for non-Federal matching funds equal to 
                40 percent of the grant amount;
                    (D) to programs in no more than 10 States, and to 
                no more than one such program in each State, except as 
                provided in paragraph (7);
                    (E) pursuant to such application procedures as the 
                Secretary may require; and
                    (F) subject to any review, financial standards, or 
                other requirements the Secretary may establish to 
                ensure compliance with the purposes of the grants on an 
                ongoing basis.
            (3) Qualified health insurance program.--A program shall be 
        considered a qualifying health care coverage programs under 
        this subsection if the program--
                    (A) is administered by a non-profit fishing-related 
                organization with an independent board of directors 
                that includes commercial fishing industry 
                representatives;
                    (B) provides high quality, affordable, preventive 
                health care coverage to individuals described in 
                paragraph (1);
                    (C) provides health care on a sliding scale premium 
                rate structure that includes provisions that, for the 
                purposes of determining rates, take into account the 
                economic conditions of the fishing industry in the 
                program's service area, and the condition of the fish 
                stocks that are important to the fishing industry in 
                such area;
                    (D) provides ongoing enrollment, outreach, and 
                other activities to expand the program's coverage; and
                    (E) establishes a reserve fund, maintains aggregate 
                and specific reinsurance coverage, and meets any other 
                risk management controls and financial standards 
                required by the Secretary.
            (4) Program planning grants.--The Secretary may award 
        grants, up to a maximum amount of $100,000 per year for no more 
        than two years, to organizations to conduct initial research 
        and planning for the development of a qualifying health care 
        coverage program. Any grantee under this paragraph shall--
                    (A) conduct a demographic survey of the affected 
                State's fishing industry and such industry's health 
                care needs;
                    (B) develop a strategic plan for implementation of 
                a qualifying health care coverage program within the 
                affected State, including a detailed financial plan; 
                and
                    (C) transmit to the Secretary the information 
                described in subparagraphs (A) and (B), and any other 
                information and assurances that may be required by the 
                Secretary.
            (5) Program implementation grants.--The Secretary may award 
        grants, up to a maximum amount of $2,000,000 per year for no 
        more than two years, to an organization for initial 
        implementation of qualifying health care coverage programs that 
        are developed with a grant under paragraph (4) (or that are 
        developed through other sources of funds, regardless of whether 
        such implementation occurred prior to enactment of this 
        paragraph), if, pursuant to review, application requirements, 
        and other standards established by the Secretary, such 
        organizations--
                    (A) satisfactorily complete the actions described 
                in subparagraphs (A), (B), and (C) of paragraph (4); 
                and
                    (B) demonstrate the capability to successfully 
                implement a qualifying program.
            (6) Administration of programs.--The Secretary may award 
        grants, up to a maximum amount of $3,000,000 per year for no 
        more than five years, to organizations for administration of 
        programs that are implemented by means of grants awarded under 
        paragraph (5) (or that are implemented through other sources of 
        funds, regardless of whether such implementation occurred prior 
        to enactment of this paragraph), if, pursuant to review, 
        application requirements, and other standards established by 
        the Secretary, such organizations--
                    (A) satisfactorily complete the actions described 
                in paragraph (5); and
                    (B) demonstrate the capability to successfully 
                administer a qualifying health care coverage program.
            (7) Extended grant eligibility.--The Secretary may provide 
        grants, up to a maximum of $3,000,000 per year, to 
        organizations that have been previously awarded grants for 5 
        years under paragraph (6), for continued implementation of a 
        qualifying health care coverage program, if, pursuant to 
        regulations issued by the Secretary, the economic conditions of 
        the fishing industry in the program's service area, or the 
        condition of the fish stocks that are important to the fishing 
        industry in such area, jeopardize the ability of such programs 
        to continue providing affordable health care coverage.
            (8) Multistate programs.--
                    (A) Notwithstanding the limitations in subparagraph 
                (2)(D), the Secretary may award grants under this 
                subsection for the establishment of a multistate 
                qualifying health care coverage program to consortiums 
                of organizations located in more than one State.
                    (B) A multistate program shall be considered as a 
                single program under paragraph (2)(D).
                    (C) The Secretary may increase the funding limits 
                in paragraphs (4), (5), and (6), taking into account 
                the size of the population to be served by such 
                program.
            (9) Third-party contract authority.--Organizations that are 
        awarded grants under this subsection may contract with third 
        parties to conduct the activities described in paragraphs (5) 
        and (6).
            (10) Authorization of appropriations.--In addition to the 
        other amounts authorized by this Act, for grants under this 
        section there are authorized to be appropriated to the 
        Secretary the following sums:
                    (A) $5,000,000 for fiscal year 2007.
                    (B) $5,000,000 for fiscal year 2008.
                    (C) $10,000,000 for fiscal year 2009.
                    (D) $10,000,000 for fiscal year 2010.
                    (E) $20,000,000 for fiscal year 2011.
    (f) Study of Benefits for Individuals Employed in the Fishing 
Industry.--
            (1) In general.--The Secretary of Commerce shall conduct a 
        study of the options for, and the feasibility of, establishing 
        programs to provide economic benefits, including pensions, to 
        crewmembers and other individuals employed in the fishing 
        industry and members of their families--
                    (A) who are in general ineligible for existing 
                programs that provide such benefits because of the 
                sporadic nature of employment opportunities in the 
                fishing industry; or
                    (B) whose benefits are negatively affected by the 
                nature of the fishing industry of fishery management 
                actions.
            (2) Report.--The Secretary shall submit a report submit a 
        report to the Congress by not later than 2 years after the date 
        of the enactment of this Act on the findings, conclusions, and 
        recommendations of the study under this subsection.

SEC. 5. IMPROVEMENTS IN FISHERY SCIENCE AND RESEARCH.

    (a) Best Scientific Information Available Defined.--Section 3 (16 
U.S.C. 1802) is further amended by adding at the end the following:
            ``(49) The term `best scientific information available'--
                    ``(A) means information that--
                            ``(i) is directly related to the specific 
                        matter under consideration;
                            ``(ii) is based on a statistically valid 
                        sample;
                            ``(iii) has undergone an independent peer 
                        review process, that is carried out in 
                        accordance with peer review requirements (if 
                        any) that apply under this Act to such 
                        consideration;
                            ``(iv) has been collected within a time 
                        frame that is reasonably related to the 
                        specific matter under consideration;
                            ``(v) is based on information that is 
                        reasonably reflective of the present status of 
                        the fishery to which it relates, and does not 
                        rely substantially on data from previous time 
                        periods for which fish abundance estimates are 
                        primarily anecdotal, or data that is of unknown 
                        reliability given the technology and scientific 
                        knowledge during such periods;
                            ``(vi) is developed through reasonably 
                        transparent processes in which scientific 
                        findings, and the analyses that produced such 
                        findings, are available to the public, subject 
                        to regulations issued by the Secretary; and
                            ``(vii) takes into account to the extent 
                        possible the movement between habitat areas of 
                        different stocks of the same species;
                    ``(B) takes into account significant economic and 
                social impacts, including cumulative economic and 
                social impacts;
                    ``(C) may include information obtained by 
                scientifically valid research that is conducted in 
                cooperation between the Department of Commerce and a 
                person that is not an officer or employee of the 
                Department, or by a person other than an officer or 
                employee of the Department;
                    ``(D) may include, but may not be limited to, 
                landing data, sales and auction data, and anecdotal 
                information collected during the harvesting and 
                processing of fish; and
                    ``(E) shall to the extent practicable include more 
                than one scientific model.''.
    (b) Peer Review of Stock Assessments and Economic and Social 
Analysis.--
            (1) Scientific review committees.--Section 302(g) (16 
        U.S.C. 1852(g)) is amended by adding at the end the following:
            ``(6)(A) Each Council shall establish a scientific review 
        committee which shall, with respect to fisheries under the 
        Council's jurisdiction, conduct an independent peer review of 
        the scientific research findings that are the basis for each 
        new stock assessment used to develop a fishery management plan, 
        significant substantive amendment to such a plan, or other 
        significant substantive fishery management action under this 
        Act.
            ``(B) The findings of any peer review conducted under this 
        paragraph shall be included in any relevant documents that are 
        made available to the public with respect to the matter that is 
        reviewed.
            ``(C) A committee established under this paragraph by a 
        Council shall, at a minimum, consist of--
                    ``(i) at least one member from each of the 
                committees established under paragraphs (1) and (3) by 
                the Council, of whom at least one shall be a member who 
                is not affiliated with the persons who wrote or 
                prepared the scientific information reviewed by the 
                committee; and
                    ``(ii) such other members as the Council (excluding 
                the persons who wrote or prepared the scientific 
                information reviewed by the committee) considers 
                appropriate.''.
            (2) Economic and social impact review committees.--Section 
        302(g) (16 U.S.C. 1852(g)) is further amended by adding at the 
        end the following:
            ``(7)(A) Each Council shall establish an economic and 
        social impact review committee which shall, with respect to 
        fisheries under the Council's jurisdiction, conduct an 
        independent peer review of the economic and social impacts 
        associated with a fishery management plan, significant 
        substantive amendment to such plan, or other significant 
        substantive fishery management action under this Act.
            ``(B) The findings of any peer review conducted under this 
        paragraph shall be included in any relevant documents that are 
        made available to the public with respect to the matter that is 
        reviewed.
            ``(C) The membership of a committee established under this 
        paragraph by a Council--
                    ``(i) may include members of other committees 
                established by the Council;
                    ``(ii) may include such other members as the 
                Council (other than the persons who wrote or prepared 
                the economic and social information reviewed by the 
                committee) considers appropriate; and
                    ``(iii) shall include at least one member who is 
                not affiliated with the persons who wrote or prepared 
                the economic and social information reviewed by the 
                committee.''.
    (c) Independent Peer Review.--Section 404 (16 U.S.C. 1881c) is 
amended by adding at the end the following:
    ``(d) Independent Peer Review.--
            ``(1) In general.--The Secretary shall ensure that there is 
        conducted an independent peer review of the scientific research 
        findings that are the basis for each new stock assessment used 
        to develop a fishery management plan, significant substantive 
        amendment to such a plan, or other significant substantive 
        fishery management action under this Act.
            ``(2) Reviewers.--The persons conducting review under this 
        subsection--
                    ``(A) shall include one or more individuals who are 
                not officials or employees of the Federal Government; 
                and
                    ``(B) may include persons who are employed in the 
                fishing industry.
            ``(3) Consideration of recommendations.--A review under 
        this subsection shall consider the recommendations of any 
        scientific review committee established under section 302(g)(6) 
        with respect to the fishery that is the subject of the matter 
        under review.
            ``(4) Treatment of findings.--The findings of any 
        independent peer review conducted under this paragraph shall be 
        included in any relevant documents that are made available to 
        the public with respect to the matter that is reviewed.
            ``(5) Waiver of requirements.--
                    ``(A) General authority.--The Secretary shall issue 
                regulations under which the Secretary may waive any of 
                the independent peer review requirements under this 
                subsection if--
                            ``(i) the Secretary determines that--
                                    ``(I) there is an emergency (as 
                                described in the regulations);
                                    ``(II) completion of the peer 
                                review process has been unreasonably 
                                delayed; or
                                    ``(III) the time required to 
                                complete the review could compromise 
                                fishermen's safety; or
                            ``(ii) the Council having jurisdiction over 
                        the fishery requests the waiver, in accordance 
                        with a vote by the Council, and explains in 
                        writing the reasons for requesting the waiver.
                    ``(B) Notice and comment.--The Secretary shall--
                            ``(i) provide notice of each waiver under 
                        this paragraph to the Council having 
                        jurisdiction over the fishery;
                            ``(ii) publish the notice in the Federal 
                        Register; and
                            ``(iii) provide a 30-day period for the 
                        submission by the public of comments on the 
                        waiver.''.
    (d)  Cooperative Research and Independent Research.--Section 404 
(16 U.S.C. 1881c) is further amended by adding at the end the 
following:
    ``(e) Cooperative Research and Independent Research.--
            ``(1) Requirement for fishery management plans.--Each 
        fishery management plan that is prepared by a Council, or by 
        the Secretary, with respect to any fishery shall--
                    ``(A) include provisions to create a cooperative 
                research component, including the use of fishing 
                vessels engaged in commercial fishing or charter 
                fishing, and the captains and crews of such vessels, 
                for the gathering of data on stock abundance, 
                composition, distribution, or other relevant 
                information for the implementation of the plan; 
                research on gear technology, bycatch reduction, and 
                safety; and oceanic, atmospheric, weather, and 
                environmental research that relates to fishery 
                management, in a manner that ensures there is no loss 
                of days at sea or other fishing allocation for 
                participants in the fishing industry individuals who 
                participate in such cooperative research; and
                    ``(B) include provisions to create an independent 
                research component involving educational and research 
                institutions, other than institutions designated as 
                Member Institutions of the Fishery Research Network 
                established under subsection (f).
            ``(2) Authorization of appropriations.--In addition to the 
        other amounts authorized by this Act, for cooperative research 
        and independent research under provisions included in fishery 
        management plans under this subsection, there is authorized to 
        be appropriated to the Secretary $5,000,000 for each of fiscal 
        years 2007 through 2011.''.
    (e) Establishment of Fishery Research Network.--Section 404 (16 
U.S.C. 1881c) is further amended by adding at the end the following:
    ``(f) Fishery Research Network.--
            ``(1) Establishment.--The Secretary shall establish the 
        Federal Fishery Research Network.
            ``(2) Composition.--The Network shall be composed of non-
        governmental educational or research institutions that have 
        significant fishery research expertise and that are designated 
        by the Secretary under this subsection (in this subsection 
        referred to as a `Member Institutions'). The Secretary shall 
        designate 3 Member Institutions with respect to each Council. 
        Each Member Institution must be located in a State that is 
        represented on the Council with respect to which the Member 
        Institution is designated, or in a State that borders such a 
        represented State.
            ``(3) Research role of member institutions.--The Secretary 
        shall ensure that each Member Institution plays a continuing 
        role in--
                    ``(A) gathering data for use in implementing this 
                Act;
                    ``(B) advising the Council with respect to which it 
                is appointed and the Secretary;
                    ``(C) performing peer review under this Act; and
                    ``(D) otherwise assisting with and conducting 
                ongoing research on fishery management issues affecting 
                the area in which the Member Institution is located, 
                including--
                            ``(i) the economic and social impacts of 
                        fishery management proposals;
                            ``(ii) analysis of the impacts of fishery 
                        management proposals on fishing safety; and
                            ``(iii) ways of improving safety within the 
                        fishing industry.
            ``(4) Consultation with member institutions.--The Secretary 
        and each Council shall--
                    ``(A) consult with the relevant Member Institutions 
                regarding fishery management plans and amendments to 
                such plans that affect the area in which the Member 
                Institutions are located; and
                    ``(B) provide to Member Institutions appropriate 
                data regarding such plans and amendments.
            ``(5) Responsibilities of member institutions.--The 
        Secretary shall require each Member Institution to submit to 
        the Secretary and the Council with respect to which it is 
        designated an analysis of each fishery management plan, and 
        each significant amendment to such a plan, that affects the 
        area in which the Member Institution is located.
            ``(6) Authorization of appropriations.--In addition to the 
        other amounts authorized by this Act, to carry out this 
        subsection there is authorized to be appropriated to the 
        Secretary $15,000,000 for each of fiscal years 2007 through 
        2011.''.
    (f) Fisheries Management Research Grants.--Section 404 (16 U.S.C. 
1881c) is further amended by adding at the end the following:
    ``(g) Fisheries Management Research Grants.--
            ``(1) In general.--The Secretary shall award grants for 
        research to acquire the knowledge and information referred to 
        in subsection (a).
            ``(2) Eligibility for grants.--To be eligible for a grant 
        under this subsection a person must be--
                    ``(A) a participant in a fishery administered under 
                this Act that is the subject of the research to be 
                carried out with the grant;
                    ``(B) an educational or scientific institution;
                    ``(C) a non-profit organization; or
                    ``(D) a State or municipal government.
            ``(3) Grant procedures.--
                    ``(A) In general.--The Secretary shall award grants 
                under this subsection on a competitive basis.
                    ``(B) Consultative role of councils.--The Secretary 
                shall consult with each Council on, and each Council 
                shall make recommendations on, possible research topics 
                to be funded by grants under this subsection.
            ``(4) Ensuring research regarding economic and social 
        aspects, and safety.--The Secretary shall establish by 
        regulation a formula or system for allocating the funds 
        available to carry out this section that ensures that a 
        reasonable percentage of such funds is used for grants for 
        research regarding the economic and social aspects of fishery 
        management and for research regarding fishing safety.
            ``(5) Authorization of appropriations.--In addition to the 
        other amounts authorized to carry out this Act, for grants 
        under this subsection there is authorized to be appropriated to 
        the Secretary $5,000,000 for each of fiscal years 2007 through 
        2011.''.

SEC. 6. FISHING SAFETY.

    (a) Rule of Construction for National Standard (10).--Section 301 
(16 U.S.C. 1851) is further amended by adding at the end the following:
    ``(d) Rule of Construction Regarding National Standard (10).--
Paragraph (10) of subsection (a) shall be construed to be of equal 
importance as the other paragraphs of subsection (a). The Secretary 
shall ensure that paragraph (10) of subsection (a)--
            ``(1) is applied to the same extent as the other paragraphs 
        of subsection (a); and
            ``(2) is given consideration that is substantially the same 
        as the consideration given to the other paragraphs of 
        subsection (a), with respect to all fishery management plans, 
        decisions, and actions under this Act.''.
    (b) Required Provisions of Fishery Management Plans.--Section 
303(a) (16 U.S.C. 1853(a)) is amended--
            (1) in paragraph (9) by striking ``and'' after the 
        semicolon at the end of subparagraph (A), by striking the 
        period at the end of subparagraph (B) and inserting ``; and'', 
        and by adding at the end the following:
                    ``(C) the safety of human life at sea, with a 
                specific focus on whether and to what extent such 
                measures may affect the safety of participants in the 
                fishery.''; and
            (2) by striking ``; and'' after the semicolon at the end of 
        paragraph (12), by striking the period at the end of paragraph 
        (13) and inserting ``; and'', and by adding at the end the 
        following:
            ``(14) to the extent practicable ensure that management 
        measures, including restricted area and broken trip 
        requirements, minimize the extent to which participants in the 
        fishery are likely, in order to avoid a loss of harvest 
        allocation or other financial loss, to continue fishing in 
        unsafe circumstances, including when--
                    ``(A) operating during severe weather conditions;
                    ``(B) a crewmember has an injury or illness that 
                significantly affects the crewmember's ability to 
                assist in the safe operation of the vessel; or
                    ``(C) important safety equipment on the vessel is 
                defective or inoperable.''.
    (c) Safety Instruction and Drills.--Not later than 6 months after 
the date of the enactment of this Act, the Commandant of the Coast 
Guard shall amend part 28.270 of title 46, Code of Federal Regulations, 
to require that the operator of each fishing vessel that is subject to 
that part maintain and make available for inspection by any Federal 
officer or employee authorized to enforce this Act a written record of 
safety instruction and emergency drills that are required to be 
performed under that part, that includes for each drill the following 
information:
            (1) The date of the drill.
            (2) The elapsed time of the drill.
            (3) The activities conducted during the drill.
            (4) The name of the person who led the drill.
            (5) The name of each crewmember who participated in the 
        drill.
    (d) Stability and Watertight Integrity Standards.--Not later than 
one year after the date of the enactment of this Act, the Commandant of 
the Coast Guard shall amend subpart E of part 28 of title 46, Code of 
Federal Regulations, to apply to fishing vessels that are between 50 
feet in length and 79 feet in length the stability and watertight 
integrity standards that apply to vessels greater than 79 feet in 
length.
    (e) Grant Program.--
            (1) Authorization of grants.--Title III (16 U.S.C. 1851 et 
        seq.) is further amended by adding at the end the following:

``SEC. 316. FISHING VESSEL SAFETY GRANTS.

    ``(a) Grants Authorized.--The Secretary shall establish a program 
for providing grants to municipalities, port authorities, other 
appropriate public entities, qualified non-profits, and other persons--
            ``(1) to conduct fishing vessel safety training and 
        instruction sessions (in addition to those otherwise required 
        under Federal law or regulations); and
            ``(2) for purchase of safety equipment for use in safety 
        training sessions or for use on fishing vessels.
    ``(b) Competitive Basis; Consultation.--The Secretary shall award 
grants under this subsection--
            ``(1) on a competitive basis; and
            ``(2) in consultation with, and based on recommendations 
        of, the Councils.
    ``(c) Cost Sharing.--The Federal share of the cost of any activity 
carried out with a grant under this section shall not exceed 75 
percent.
    ``(d) Language Requirement.--The Secretary shall require that 
training and instruction carried out with a grant under this section 
shall be made available in languages other than English, as appropriate 
for the fishing port in which the training or instruction is offered.
    ``(e) Data Base.--
            ``(1) In general.--The Secretary shall establish a publicly 
        accessible electronic data base that lists the names of 
        individuals who have participated in training sessions carried 
        out with assistance under this section.
            ``(2) Retraining requirement.--The Secretary shall require, 
        as a condition of including the name of an individual in such 
        database for any period longer than 18 months, that the 
        individual complete retraining.
    ``(f) Authorization of Appropriations.--In addition to the other 
amounts authorized by this Act, for grants under this section there is 
authorized to be appropriated to the Secretary $3,000,000 for each of 
fiscal years 2007 through 2011.''.
            (2) Clerical amendment.--The table of contents in the first 
        section is further amended by inserting after the item relating 
        to section 315 the following:

``Sec. 316. Fishing vessel safety grants.''.

SEC. 7. BYCATCH.

    (a) Retention of Bycatch for Charitable Purposes.--Section 303 (16 
U.S.C. 1853) is amended--
            (1) in subsection (b) by striking ``and'' after the 
        semicolon at the end of paragraph (11), by striking the period 
        at the end of paragraph (12) and inserting ``; and'', and by 
        adding at the end the following:
            ``(13) allow the retention and donation or sale for 
        charitable purposes, subject to the requirements established 
        under subsection (e)(2), of dead bycatch that cannot otherwise 
        be avoided under terms that ensure that such retention and 
        donation do not allow the evasion of vessel trip limits or 
        other conservation and management measures.''; and
            (2) by adding at the end the following:
    ``(e) Retention of Bycatch for Charitable Purposes.--
            ``(1) Regulations.--The Secretary shall issue regulations 
        that establish requirements for the retention of bycatch for 
        charitable purposes pursuant to subsection (b)(13).
            ``(2) Requirements.--Regulations under this subsection 
        shall require that--
                    ``(A) the total amount of bycatch retained pursuant 
                to subsection (b)(13) on a voyage shall not exceed a 
                percentage of the total weight of the total authorized 
                catch for that voyage of the target species, that shall 
                be established by the Secretary and shall not exceed 20 
                percent of such total weight;
                    ``(B) the proceeds of any sale of bycatch shall be 
                donated to charitable organizations that provide 
                economic assistance, job training, health care, or 
                other assistance to individuals involved in the fishing 
                industry and their families, who reside in fishing 
                communities located--
                            ``(i) in the area where the vessel that 
                        harvested the bycatch is based; or
                            ``(ii) in the area where the bycatch was 
                        harvested; and
                    ``(C) in making such donations, preference shall be 
                given to organizations that assist individuals who have 
                become unemployed or experienced significant negative 
                economic impacts because of fishery management actions 
                by the Federal Government.
            ``(3) Prevention of conflicts of interest.--Regulations 
        under this subsection shall include provisions to prevent 
        conflicts of interest, including prohibiting a person from 
        retaining bycatch to directly benefit any charitable 
        organization--
                    ``(A) from which the person derives a direct, 
                personal benefit; or
                    ``(B) over which the person exercises any control 
                with respect to the activities of the organization or 
                its provision of benefits.''.
    (b) Study.--
            (1) In general.--The Secretary shall conduct a study of the 
        utility and feasibility of establishing a bycatch exchange 
        program comprised of a system--
                    (A) under which fishermen may--
                            (i) retain bycatch in order to minimize 
                        discard of fish; and
                            (ii) trade or exchange credits based on the 
                        retained bycatch, with other fishermen who are 
                        involved in the directed fishery in which the 
                        bycatch is harvested; and
                    (B) that prevents the evasion of trip limits, total 
                allowable catch levels, or other conservation and 
                management measures.
            (2) Report.--The Secretary shall submit a report to the 
        Congress within two years after the date of the enactment of 
        this Act on the results and recommendations of the study.

SEC. 8. CAPACITY REDUCTION.

    (a) Use of Proceeds of Fishing Capacity Reduction Programs.--
Section 312(b) (16 U.S.C. 1861a) is amended by adding at the end the 
following:
            ``(5) Programs for assisting affected individuals.--
                    ``(A) In general.--A fishing capacity reduction 
                program shall, in accordance with regulations issued by 
                the Secretary and subject to the availability of 
                appropriations, include the provision of financial 
                assistance for programs providing economic assistance, 
                job training, and health insurance to crew members and 
                other individuals employed in the fishing industry or 
                in shoreside businesses that have substantial 
                involvement in the fishing industry, with an emphasis 
                on such crew members and individuals who experience job 
                loss or other significant negative economic impacts 
                because of a decline in employment opportunities as a 
                result of the program.
                    ``(B) Regulations; formulas.--The Secretary shall 
                issue regulations governing the provision of assistance 
                under this paragraph, including formulas for 
                calculating the amount of assistance provided with 
                respect to a fishing capacity reduction program.
                    ``(C) Allocation of funds.--Of the total amount of 
                funds obligated or expended under this subsection for a 
                fishing capacity reduction program, the Secretary shall 
                use to carry out this paragraph a percentage that the 
                Secretary determines is sufficient to ensure the 
                availability of a reasonable level of assistance for 
                individuals involved in the fishing industry who 
                experience job loss or other significant negative 
                economic impacts because of a decline in employment 
                opportunities as a result of the program.
                    ``(D) Regulations.--The Secretary shall issue 
                regulations that to the extent practicable fairly 
                distribute funds used under subparagraph (C), taking 
                into account local and regional economies, fishing 
                communities, participants in the fishery, boat sizes 
                and gear types, and employment history in the 
                fishery.''.
    (b) Vessel Buybacks.--Section 312(b) (16 U.S.C. 1861a(b)) is 
amended by adding at the end the following:
            ``(5)(A) The Secretary shall ensure for each vessel buyback 
        program, that a specific percentage of the funds made available 
        under this section are used for retirement of vessels that were 
        active in the affected fishery, but no longer comply with 
        relevant safety standards as a result of the application, under 
        the Fishery Management Amendments of 2005, of the stability and 
        watertight integrity standards of subpart E of part 28 of title 
        46, Code of Federal Regulations, to fishing vessels that are 
        between 50 feet and 79 feet in length.
            ``(B) The Secretary shall issue regulations for each vessel 
        buyback program that establish the percentage referred to in 
        subparagraph (A) and procedures and requirements for 
        implementing subparagraph (A).''.

SEC. 9. INDIVIDUAL FISHING QUOTAS.

    (a) Holding of Quota by Fish Processor.--Section 303(d)(5) (16 
U.S.C. 1853(d)(5)) is amended by striking ``and'' after the semicolon 
at the end of subparagraph (B), by striking the period at the end of 
subparagraph (C) and inserting a semicolon, and by adding at the end 
the following:
                    ``(D) requires as a condition of eligibility for 
                individual fishing quotas that persons, other than 
                entry-level fishermen, must demonstrate a present or 
                historic participation in harvesting activity in the 
                fishery; and
                    ``(E) takes into account the level of present or 
                historic participation in harvesting activity in the 
                fishery in determining allocation of quotas.''.
    (b) Citizenship of Holders of Quotas.--Section 303(d) (16 U.S.C. 
1853(d)) is further amended by adding at the end the following:
            ``(7)  citizenship of holders of quotas.--A person is 
        eligible to be issued an individual fishing quota only if--
                    ``(A) the person--
                            ``(i) is a United States citizen; or
                            ``(ii) is an alien lawfully admitted for 
                        permanent residence in the United States; and
                    ``(B) the individual quota system under which the 
                quota is issued is approved in a referendum conducted 
                in accordance with paragraph (8).''.
    (c) Referendum Requirements.--Section 303(d) (16 U.S.C. 1853(d)) is 
further amended by adding at the end the following:
            ``(8) Referendum requirements.--
                    ``(A) In general.--A Council may not submit, and 
                the Secretary may not approve or implement, any fishery 
                management plan, plan amendment, or regulation under 
                this Act that creates an individual fishing quota 
                program, unless development of the plan, amendment, or 
                regulation is approved by a referendum conducted in 
                accordance with this paragraph.
                    ``(B) Conduct by secretary.--The Secretary--
                            ``(i) shall conduct each referendum 
                        required under this paragraph; and
                            ``(ii) shall conduct a referendum under 
                        this paragraph upon the request of a Council.
                    ``(C) Vote requirement.--A fishery management plan, 
                plan amendment, or regulation referred to in 
                subparagraph (A) shall be approved in a referendum 
                required under this paragraph only by the affirmative 
                vote of two-thirds of the votes cast by persons who are 
                determined by the Council, based upon requirements 
                issued by the Secretary, to be eligible to vote in the 
                referendum.
                    ``(D) Eligibility to vote.--The Secretary shall 
                issue requirements for procedures and voting 
                eligibility for referenda under this paragraph. The 
                requirements shall be designed to ensure that--
                            ``(i) such referenda are conducted in a 
                        fair and equitable manner;
                            ``(ii) individuals who are permit holders 
                        are eligible to vote; and
                            ``(iii) crew members who make a significant 
                        percentage of their income from the fishery 
                        that would be subject to the proposed fishing 
                        quota system, and a significant share of their 
                        total income from fishing, are eligible to 
                        vote.''.
    (d) Limitation on Application to Existing Programs.--This section 
and the amendments made by this section shall not apply with respect to 
any individual fishing quota program established before the date of the 
enactment of this Act.

SEC. 10. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) Plans Deemed to Comply With NEPA.--
            (1) In general.--Title III is amended by adding at the end 
        following:

``SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    ``Any fishery management plan, amendment to such a plan, or 
regulation implementing such a plan that is prepared in accordance with 
applicable provisions of sections 303 and 304 is deemed to have been 
prepared in compliance with the requirements of section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).''.
            (2) Clerical amendment.--The table of contents in the first 
        section is amended by inserting after the item relating to 
        section 314 the following:

``Sec. 315. Compliance with National Environmental Policy Act of 
                            1969.''.
    (b) Required Fishery Management Plan Provision; Fishery Impact 
Statement.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is amended to read 
as follows:
            ``(9) include a fishery impact statement for the plan or 
        amendment (in the case of a plan or amendment submitted to or 
        prepared by the Secretary after the date of the enactment of 
        the Fishery Management Amendments of 2006), that shall--
                    ``(A) assess, specify, and describe the likely 
                effects, including the cumulative impacts, of the 
                conservation and management measures on--
                            ``(i) the fisheries, participants in the 
                        fisheries, and fishery communities affected by 
                        the plan or amendment; and
                            ``(ii) on participants in the fisheries 
                        conducted in adjacent areas under the authority 
                        of another Council, after consultation with 
                        such Council and representatives of those 
                        participants;
                    ``(B) describe reasonable alternatives to the 
                measures that were considered by the Council;
                    ``(C) assess, specify, and describe the likely 
                effects, including the cumulative impacts, of such 
                alternatives on the fisheries, participants in the 
                fisheries, and fishery communities that would be 
                affected by the alternatives; and
                    ``(D) include the Council's evaluation of each such 
                alternative;''.

SEC. 11. GRANTS FOR CONSTRUCTION OR REPAIR OF WHARVES AND RELATED 
              FACILITIES.

    (a) Authorization of Grants.--Title III (16 U.S.C. 1851 et seq.) is 
further amended by adding at the end following:

``SEC. 317. GRANTS FOR CONSTRUCTION OR REPAIR OF WHARVES AND RELATED 
              FACILITIES.

    ``(a) In General.--The Secretary shall establish a program to award 
grants to State governments, local governments, nonprofit 
organizations, or fishing cooperatives to construct or improve wharves 
or other facilities in coastal areas for use in the commercial fishing 
industry.
    ``(b) Project Eligibility.--In determining whether to award a grant 
under this section for a project, the Secretary shall consider--
            ``(1) the economic significance of the project to the 
        commercial fishing industry in the area in which the project 
        will be carried out; and
            ``(2) whether a business plan or a harbor development plan 
        exists for the area in which the project will be carried out, 
        and whether the project is consistent with such plan.
    ``(c) Cost Sharing.--
            ``(1) In general.--The amount of a grant awarded under this 
        section to carry out a project may not exceed 75 percent of the 
        total cost of a project.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of a project carried out with a grant under this section may be 
        provided in cash or in kind, including by a donation of land.
    ``(d) Regulations.--The Secretary shall issue regulations governing 
grants under this section, including--
            ``(1) application requirements;
            ``(2) eligibility standards;
            ``(3) procedures for ensuring that projects are not 
        converted to uses that are inconsistent with the purposes for 
        which a grant is awarded; and
            ``(4) allowable administrative costs.
    ``(e) Authorization of Appropriations.--In addition to the other 
amounts authorized by this Act, for grants under this section there is 
authorized to be appropriated to the Secretary $10,000,000 for each of 
fiscal years 2007 through 2011.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is further amended by inserting after the item relating to section 316 
the following:

``Sec. 317. Grants for construction or repair of wharves and related 
                            facilities.''.

SEC. 12. FISHERY SCIENCE EDUCATION PROGRAM.

    (a) In General.--The Secretary of Commerce shall establish the 
Fishery Science Education Program, which shall consist of--
            (1) the Centers for Fishery Science Excellence Program 
        established under subsection (c); and
            (2) the Fishery Science Scholars Program established under 
        subsection (d).
    (b) Program Purpose.--The purpose of the Fishery Science Education 
Program is to facilitate an increase in the number of persons with 
post-baccalaureate degrees in subjects related to fishery science, 
including fishery oceanography, fishery ecology, and fishery 
anthropology, who have the ability, upon completion of their post-
baccalaureate degrees, to conduct high quality scientific research in 
fishery stock assessment, fishery population dynamics, and related 
fields, for government, non-profit, and private sector entities.
    (c) Centers for Fishery Science Excellence Program.--
            (1) In general.--The Secretary shall establish the Centers 
        for Fishery Science Excellence Program, under which--
                    (A) such Centers shall be established in accordance 
                with this subsection at institutions of higher 
                education in States that are within Fishery Management 
                Council regions; and
                    (B) at least one such Center shall be established 
                in each Fishery Management Council region.
            (2) Purpose.--The purpose of the program is to promote the 
        development of high quality post-baccalaureate level programs 
        in subjects referred to in subsection (b) at institutions of 
        higher education.
            (3) Eligibility.--An institution shall be eligible to 
        participate in the program if--
                    (A) the institution is an institution of higher 
                education that demonstrates a strong, ongoing 
                commitment to high quality education in subjects 
                referred to in subsection (b), including the granting 
                of post-baccalaureate degrees in such fields; and
                    (B) the institution agrees to the establishment at 
                the institution of a Center for Fishery Science 
                Excellence, and to conduct the actions described in 
                paragraph (4) and other actions the Secretary may 
                prescribe by regulation as conditions for participation 
                in the program.
            (4) Conditions for participation.--The Secretary shall 
        require that each participating institution shall--
                    (A) designate one or more faculty members to manage 
                its Center for Fishery Science Excellence;
                    (B) develop strategies for recruiting qualified 
                students to participate in the program at such 
                institution; and
                    (C) ensure that the courses of study pursued by 
                participating students include a significant emphasis 
                on subjects referred to in subsection (b).
            (5) Application.--Each institution desiring to participate 
        in the Program under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information and assurances as the Secretary may 
        require. If an institution's application is approved, such 
        institution shall be considered a participating institution for 
        purposes of this subsection.
            (6) Grants for institutions.--
                    (A) Grant authority.--The Secretary shall award 
                competitive grants--
                            (i) to participating institutions to assist 
                        such institutions in program development, 
                        faculty development and training, participation 
                        in, or hosting, of conferences, or purchase of 
                        laboratory and research equipment; or
                            (ii) to institutions that are not 
                        participating institutions to assist such 
                        institutions in improving their existing post-
                        baccalaureate programs in the subjects referred 
                        to in subsection (b) to a level that increases 
                        the likelihood of such institutions being 
                        eligible for future participation in the 
                        program.
                    (B) Match requirement.--Any institution receiving a 
                grant under this paragraph shall be required to provide 
                matching funds from non-Federal sources equal to 25 
                percent of the total cost of the activities that are 
                funded by the grant.
                    (C) Limitations.--Funds provided as a grant under 
                this paragraph shall not be used for construction or 
                for the payment of salaries, except that the Secretary 
                may prescribe by regulation an allowable percentage of 
                grant funds that may be used for payments to employees 
                of a participating institution for administration of 
                the program.
                    (D) Applications.--Any institution of higher 
                education that desires to apply for a grant under this 
                paragraph shall prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
    (d) Fishery Science Scholars Program.--
            (1) In general.--The Secretary shall establish the Fishery 
        Science Scholars Program.
            (2) Purpose.--The purpose of the program is to expand the 
        post-baccalaureate educational opportunities available to 
        students who desire to pursue careers as government, private 
        sector, or nonprofit research scientists in the subjects 
        referred to in subsection (b).
            (3) Limitation on participation.--A maximum of 25 students 
        per year shall be eligible to begin participation in the 
        program, and no student shall be eligible to participate for 
        more than 3 years.
            (4) Eligibility.--
                    (A) In general.--To be eligible to participate in 
                the program, a student must be admitted to a 
                participating institution in a course of study that--
                            (i) leads to a post-baccalaureate degree in 
                        one of the subjects referred to in subsection 
                        (b); and
                            (ii) includes significant emphasis on 
                        subjects referred to in subsection (b).
                    (B) Remaining eligible.--In order to remain 
                eligible to participate in the program, a student must 
                maintain an acceptable level of academic standing, and 
                demonstrate sufficient progress toward completing the 
                post-baccalaureate studies and receiving a post-
                baccalaureate degree.
            (5) Stipends.--Each participating student shall receive a 
        stipend in the amount of $20,000 annually, contingent upon--
                    (A) remaining a student in good standing who is 
                making satisfactory progress toward completing a course 
                of post-baccalaureate studies described in paragraph 
                (3)(A), and
                    (B) receiving a post-baccalaureate degree.
            (6) Applications.--A student who has been admitted to a 
        participating institution to pursue a course of study leading 
        to a post-baccalaureate degree as described in paragraph 
        (3)(A), and who desires to participate in the Fishery Science 
        Scholars Program, shall prepare and submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
    (e) Regulations.--The Secretary shall issue such regulations as may 
be necessary to administer the Fishery Science Education Program, 
including--
            (1) application procedures for students to apply for 
        participation in the program and for stipends;
            (2) application procedures for institutions to apply for 
        participating status, and for grants;
            (3) methods for assessing programs at institutions for the 
        purpose of determining eligibility;
            (4) a system of regular reviews of the programs at each 
        school to ensure that the purposes of the program are being 
        met;
            (5) establishing an allowable level of administrative costs 
        for the participating institutions;
            (6) establishing allowable administrative expenditures for 
        the management of the program by the Secretary;
            (7) provisions for revoking participating institution 
        status; and
            (8) provisions for revoking participation in the program by 
        individuals, including revocation of stipends.
    (f) Institution of Higher Education Defined.--In this section, the 
term ``institution of higher education'' has the meaning given that 
term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001).
    (g) Authorization of Appropriations.--To carry out this section 
there are authorized to be appropriated to the Secretary--
            (1) $1,000,000 for fiscal year 2006;
            (2) $2,000,000 for fiscal year 2007; and
            (3) $3,000,000 for fiscal year 2008 and each fiscal year 
        thereafter.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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 (other than any provision for which 
amounts are otherwise specifically authorized) such sums as are 
necessary for each of fiscal years 2007 through 2011.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.''.
                                 <all>