[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5051 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5051

   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2007 through 2012, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2006

  Mr. Gilchrest (for himself, Mr. Bartlett of Maryland, Mr. Farr, Mr. 
Ehlers, Mr. Shays, Mr. Leach, and Mr. Castle) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2007 through 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Magnuson-Stevens 
Fishery Conservation and Management Amendments Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Authorization of appropriations.
               TITLE I--SUSTAINABLE FISHERIES MANAGEMENT

                         Subtitle A--Amendments

Sec. 101. Cumulative impacts.
Sec. 102. Regional Fishery Management Councils.
Sec. 103. Fishery management plan requirements.
Sec. 104. Fishery management plan discretionary provisions.
Sec. 105. Limited access privilege programs.
Sec. 106. Action by Secretary on fishery management plans and 
                            amendments to plans.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Joint enforcement agreements.
Sec. 110. Transition to sustainable fisheries.
Sec. 111. Regional coastal disaster assistance, transition, and 
                            recovery program.
Sec. 112. Fishery finance program hurricane assistance.
Sec. 113. Shrimp fisheries hurricane assistance program.
Sec. 114. Bycatch reduction engineering program.
Sec. 115. Ecosystem management.
Sec. 116. Community-based restoration program for fishery and coastal 
                            habitats.
Sec. 117. Prohibited acts.
Sec. 118. Cooperative restoration projects.
Sec. 119. Enforcement.
Sec. 120. Fishery permitting and registration programs.
Sec. 121. Bycatch.
              Subtitle B--Collaborative Strategic Planning

Sec. 131. Short title.
Sec. 132. Definitions.
Sec. 133. Program to achieve sustainable fisheries through 
                            collaborative strategic planning processes.
Sec. 134. National Task Force on Sustainable Fishery Capacity.
Sec. 135. Sustainable Fishery Vision, Implementation, and Management 
                            Plans.
Sec. 136. Priority implementation.
Sec. 137. Total allowable level of foreign fishing.
                   TITLE II--INFORMATION AND RESEARCH

Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Restoration study.
Sec. 206. Fisheries conservation and management fund.
Sec. 207. Use of fishery finance program and capital construction fund 
                            for sustainable purposes.
Sec. 208. Deep sea coral research and technology program.
Sec. 209. Impact of turtle excluder devices on shrimping.
Sec. 210. Hurricane effects on shrimp and oyster fisheries and 
                            habitats.
                  TITLE III--OTHER FISHERIES STATUTES

Sec. 301. Reauthorization of other fisheries Acts.
                        TITLE IV--INTERNATIONAL

Sec. 401. Finding with respect to illegal, unreported, and unregulated 
                            fishing.
Sec. 402. Action to end illegal, unreported, or unregulated fishing and 
                            reduce bycatch of protected marine species.
Sec. 403. Rebuilding depleted fisheries.

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. CHANGES IN FINDINGS AND DEFINITIONS.

    (a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is amended--
            (1) by amending paragraph (6) to read as follows:
            ``(6) A national program for the conservation and 
        management of the fishery resources of the United States is 
        necessary to prevent overfishing, to rebuild depleted stocks, 
        to protect the ecosystems associated with those fishery 
        resources, to insure conservation, to facilitate long-term 
        protection of essential fish habitats, and to realize the full 
        potential of the Nation's fishery resources.'';
            (2) in paragraph (8) by inserting ``and associated 
        ecosystems'' after ``fishery resources''; and
            (3) by adding at the end the following:
            ``(11) A number of the Fishery Management Councils have 
        demonstrated significant progress in integrating ecosystem 
        considerations in fisheries management using the existing 
        authorities provided under this Act.''.
    (b) Other Definitions.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by inserting after paragraph (4) the following:
            ``(4A) The term `confidential information' means--
                    ``(A) trade secrets; or
                    ``(B) commercial or financial information the 
                disclosure of which is likely to result in substantial 
                harm to the competitive position of the person who 
                submitted the information to the Secretary.'';
            (2) by inserting after paragraph (8) the following:
            ``(8A) The term `depleted' means a fishery the abundance of 
        which is at or below a level that jeopardizes the capacity of 
        the fishery to produce maximum sustainable yield on a 
        continuing basis.'';
            (3) by inserting after paragraph (13) the following:
            ``(13A) The term `regional fishery association' means an 
        association formed for the mutual benefit of members--
                    ``(A) to meet social and economic needs in a region 
                or subregion; and
                    ``(B) comprised of persons engaging in the harvest 
                or processing of fishery resources in that specific 
                region or subregion or who otherwise own or operate 
                businesses substantially dependent upon a fishery.'';
            (4) by inserting after paragraph (20) the following:
            ``(20A) The term `import'--
                    ``(A) means to land on, bring into, or introduce 
                into, or attempt to land on, bring into, or introduce 
                into, any place subject to the jurisdiction of the 
                United States, whether or not such landing, bringing, 
                or introduction constitutes an importation within the 
                meaning of the customs laws of the United States; but
                    ``(B) does not include any activity described in 
                subparagraph (A) with respect to fish caught in the 
                exclusive economic zone or by a vessel of the United 
                States.'';
            (5) by inserting after paragraph (23) the following:
            ``(23A) The term `limited access privilege'--
                    ``(A) means a Federal permit, issued as part of a 
                limited access system under section 303A to harvest a 
                quantity of fish that may be received or held for 
                exclusive use by a person; and
                    ``(B) includes an individual fishing quota; but
                    ``(C) does not include community development quotas 
                as described in section 305(i).'';
            (6) by inserting after paragraph (27) the following:
            ``(27A) The term `observer information' means any 
        information collected, observed, retrieved, or created by an 
        observer or electronic monitoring system pursuant to 
        authorization by the Secretary, or collected as part of a 
        cooperative research initiative, including fish harvest or 
        processing observations, fish sampling or weighing data, vessel 
        logbook data, vessel or processor-specific information 
        (including any safety, location, or operating condition 
        observations), and video, audio, photographic, or written 
        documents.''; and
            (7) in paragraph (29) by striking ``terms `overfishing' and 
        `overfished' Mean'' and inserting ``term `overfishing' means''.
    (c) Redesignation.--Paragraphs (1) through (45) of section 3 (16 
U.S.C. 1802), as amended by subsection (a), are redesignated as 
paragraphs (1) thorough (50), respectively.
    (d) Conforming Amendments.--
            (1) The following provisions of the Act are amended by 
        striking ``an individual fishing quota'' and inserting ``a 
        limited access privilege'':
                    (A) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).
                    (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 
                1883(a)(1)(D); (c)(1)).
            (2) The following provisions of the Act are amended by 
        striking ``individual fishing quota'' and inserting ``limited 
        access privilege'':
                    (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
                    (B) Section 304(d)(2)(A)(i) (16 U.S.C. 
                1854(d)(2)(A)(i)).
                    (C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
            (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
        striking ``individual fishing quotas,'' and inserting ``limited 
        access privileges,''.

SEC. 4. HIGHLY MIGRATORY SPECIES.

    Section 102 (16 U.S.C. 1812) is amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:
    ``(b) Traditional Participation.--For fisheries being managed under 
an international fisheries agreement to which the United States is a 
party, Council or Secretarial action, if any, shall reflect traditional 
participation in the fishery, relative to other Nations, by fishermen 
of the United States on fishing vessels of the United States.
    ``(c) Promotion of Stock Management.--If a relevant international 
fisheries organization does not have a process for developing a formal 
plan to rebuild a depleted stock or a stock that is approaching a 
condition of being depleted, the provisions of this Act in this regard 
shall be communicated to and promoted by the United States in the 
international or regional fisheries organization.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1803) is amended to read as follows:

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out the provisions of this Act--
            ``(1) $328,004,000 for fiscal year 2007; and
            ``(2) such sums as may be necessary for fiscal years 2008 
        through 2012.''.

               TITLE I--SUSTAINABLE FISHERIES MANAGEMENT

                         Subtitle A--Amendments

SEC. 101. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a) (16 U.S.C. 1851(a)) is 
amended--
            (1) in paragraph (1), by inserting ``commercial and 
        recreational'' before ``fishing industry''; and
            (2) in paragraph (8), by inserting ``by utilizing economic 
        and social data and assessment methods based on the best 
        economic and social information available,'' after ``fishing 
        communities''.
    (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is 
amended by striking ``describe the likely effects, if any, of the 
conservation and management measures on--'' and inserting ``analyze the 
likely effects, if any, including the cumulative economic and social 
impacts, of the conservation and management measures on, and possible 
mitigation measures for--''.

SEC. 102. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16 
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the 
following:
    ``(D) The tribal representative appointed under subparagraph (A) 
may designate as an alternate, during the period of the 
representative's term, an individual knowledgeable concerning tribal 
rights, tribal law, and the fishery resources of the geographical area 
concerned.''.
    (b) Scientific and Statistical Committees.--Section 302(g) (16 
U.S.C. 1852(g)) is amended--
            (1) by striking so much of subsection (g) as precedes 
        paragraph (2) and inserting the following:
    ``(g) Committees and Advisory Panels.--
            ``(1)(A) Each Council shall establish, maintain, and 
        appoint the members of a scientific and statistical committee 
        to assist it in the development, collection, evaluation, and 
        peer review of such statistical, biological, economic, social, 
        and other scientific information as is relevant to such 
        Council's development and amendment of any fishery management 
        plan.
            ``(B) Each scientific and statistical committee shall 
        provide its Council ongoing scientific advice for fishery 
        management decisions, including recommendations for acceptable 
        biological catch or maximum sustainable yield, and optimum 
        yield, and reports on stock status and health, bycatch, seabird 
        bycatch, habitat status, socioeconomic impacts of management 
        measures, and sustainability of fishing practices.
            ``(C) Members appointed by the Councils to the scientific 
        and statistical committees--
                            ``(i) shall be Federal employees, State 
                        employees, academicians, or independent experts 
                        with strong scientific or technical credentials 
                        and experience; and
                            ``(ii) shall be individuals who have 
                        demonstrated scientific expertise in fisheries 
                        science or marine ecology, or demonstrated 
                        expertise in economics or social science as it 
                        relates to fisheries management, and have no 
                        direct financial interest or are not employed 
                        by any person with a direct financial interest 
                        in any fishery.
            ``(D) The Secretary, jointly with the Councils, shall 
        establish a peer review process for scientific information used 
        to advise the Councils about the conservation and management of 
        a fishery. The review process, which may include existing 
        committees or panels, is deemed to satisfy the requirements of 
        the guidelines issued pursuant to section 515 of the Treasury 
        and General Government Appropriations Act for Fiscal year 2001 
        (Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
            ``(E) In addition to the provisions of subsection (f)(7), 
        the Secretary shall pay a stipend to members of the scientific 
        and statistical committees or advisory panels who are not 
        employed by the Federal government or a State marine fisheries 
        agency.
            ``(F) Each Council shall require that the membership of its 
        scientific and statistical committee or other appropriate 
        scientific or peer review committee be represented at all 
        Council meetings.'';
            (2) by striking ``other'' in paragraph (2); and
            (3) by resetting the left margin of paragraphs (2) through 
        (5) 2 ems from the left.
    (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is 
amended--
            (1) by striking ``authority, and'' in paragraph (5) and 
        inserting ``authority;'';
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) recommend to the Secretary annual catch limits for 
        each of its managed fisheries, that are at or below the optimum 
        yield, as recommended by its scientific and statistical 
        committee; and''.
    (d) Voting Members.--Section 302 (16 U.S.C. 1852) is amended--
            (1) in subsection (b)(2)(A)--
                    (A) in the first sentence by inserting before the 
                period the following: ``, and must not have been found 
                by the Secretary, after notice and an opportunity for a 
                hearing in accordance with section 554 of title 5, 
                United States Code, to have committed an act prohibited 
                by subparagraph (D), (E), (F), (H), (I), or (L) of 
                section 307(1) or section 307(2).''; and
                    (B) in the second sentence by striking ``Fishery 
                Conservation Amendments of 1990'' and inserting 
                ``Magnuson-Stevens Fishery Conservation and Management 
                Amendments Act of 2006'';
            (2) in subsection (b)(2)(B)--
                    (A) in the first sentence by striking ``of the 
                active'' and inserting ``among the active'';
                    (B) by striking the period at the end of the first 
                sentence and inserting the following: ``and 
                representatives of the marine conservation public 
                interest sector and academic sector who are 
                knowledgeable regarding the conservation and management 
                of the fishery resources of the geographic area 
                concerned.''; and
                    (C) by striking ``Merchant Marine and Fisheries'' 
                and inserting ``Resources''; and
            (3) in subsection (b)(2)(C) by striking the third sentence 
        and inserting the following: ``Each list shall consist of a 
        broad slate of candidates for each vacancy, shall include at 
        least two representatives from each of the commercial fishing 
        industry sector, the recreational fishing sector, and the 
        marine conservation public interest sector and academic sector, 
        and shall consist solely of individuals who are knowledgeable 
        regarding the conservation and management of the fishery 
        resources of the geographical area concerned. The third 
        sentence of this subparagraph shall not apply to the Gulf of 
        Mexico Fishery Management Council.''.
    (e) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
    ``(k) Council Training Program.--
            ``(1) Training course.--Within 6 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Amendments Act of 2006, the Secretary, in 
        consultation with the Councils and the National Sea Grant 
        College Program, shall develop a training course for newly 
        appointed Council members. The course may cover a variety of 
        topics relevant to matters before the Councils, including--
                    ``(A) fishery science and basic stock assessment 
                methods;
                    ``(B) basic instruction in principles of ecology;
                    ``(C) fishery management techniques, data needs, 
                and Council procedures;
                    ``(D) social science and fishery economics;
                    ``(E) tribal treaty rights and native customs, 
                access, and other rights related to Western Pacific 
                indigenous communities;
                    ``(F) legal requirements of this Act, including 
                conflict of interest and disclosure provisions of this 
                section and related policies;
                    ``(G) other relevant legal and regulatory 
                requirements, including the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                    ``(H) public process for development of fishery 
                management plans; and
                    ``(I) other topics suggested by the Council.
            ``(2) Member training.--
                    ``(A) Training course.--The training course under 
                paragraph (1) shall be available to both new and 
                existing Council members, and may be made available to 
                committee or advisory panel members and members of the 
                public as resources allow.
                    ``(B) Updated and advanced information for existing 
                council members.--The Secretary may also provide 
                training for existing Council members regarding updated 
                information on scientific and regional issues.
    ``(l) Council Coordination Committee.--The Councils may establish a 
Council coordination committee consisting of the chairs, vice chairs, 
and executive directors of each of the 8 Councils described in 
subsection (a)(1), or other Council members or staff, in order to 
discuss issues of relevance to all Councils, including issues related 
to the implementation of this Act.''.
    (f) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is 
amended--
            (1) in paragraph (1) by striking ``to the Councils or to 
        the scientific and statistical committees or advisory panels 
        established under subsection (g).'' and inserting ``to the 
        Councils, the Council coordination committee established under 
        subsection (l), or to the scientific and statistical committees 
        or other committees or advisory panels established under 
        subsection (g).'';
            (2) in paragraph (2) by striking ``of a Council, and of the 
        scientific and statistical committee and advisory panels 
        established under subsection (g):'' and inserting ``of a 
        Council, of the Council coordination committee established 
        under subsection (l), and of the scientific and statistical 
        committees or other committees or advisory panels established 
        under subsection (g):''; and
            (3) in paragraph (3)(A) by inserting ``the Council 
        Coordination Committee established under subsection (1),'' 
        after ``Council,''; and
            (4) in paragraph (3)(A) by inserting ``other Council 
        committee,'' after ``committee,''.
    (g) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is 
amended--
            (1) by inserting ``lobbying, advocacy,'' after 
        ``processing,'' in paragraph (2);
            (2) by striking ``jurisdiction.'' in paragraph (2) and 
        inserting ``jurisdiction, or with respect to any other 
        individual or organization with a financial interest in such 
        activity.'';
            (3) by striking subparagraph (B) of paragraph (5) and 
        inserting the following:
            ``(B) be kept on file by the Council and made available on 
        the Internet and for public inspection at the Council offices 
        during reasonable times; and''; and
            (4) by adding at the end the following:
    ``(9) On January 1, 2008, and annually thereafter, the Secretary 
shall submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Resources 
on action taken by the Secretary and the Councils to implement the 
disclosure of financial interest and recusal requirements of this 
subsection.''.
    (h) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2) 
(16 U.S.C. 1852(b)(2)) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (C) the following:
    ``(D)(i) The Secretary shall appoint to the Gulf of Mexico 
Fisheries Management Council--
            ``(I) 5 representatives of the commercial fishing sector;
            ``(II) 5 representatives of the recreational fishing and 
        charter fishing sectors; and
            ``(III) 1 other individual who is knowledgeable regarding 
        the conservation and management of fisheries resources in the 
        jurisdiction of the Council.
    ``(ii) The Governor of a State submitting a list of names of 
individuals for appointment by the Secretary of Commerce to the Gulf of 
Mexico Fisheries Management Council under subparagraph (C) shall 
include--
            ``(I) at least 1 nominee each from the commercial, 
        recreational, and charter fishing sectors; and
            ``(II) at least 1 other individual who is knowledgeable 
        regarding the conservation and management of fisheries 
        resources in the jurisdiction of the Council.
    ``(iii) If the Secretary determines that the list of names 
submitted by the Governor does not meet the requirements of clause 
(ii), the Secretary shall--
            ``(I) publish a notice in the Federal Register asking the 
        residents of that State to submit the names and pertinent 
        biographical data of individuals who would meet the requirement 
        not met for appointment to the Council; and
            ``(II) add the name of any qualified individual submitted 
        by the public who meets the unmet requirement to the list of 
        names submitted by the Governor.
    ``(iv) For purposes of clause (ii), an individual who owns or 
operates a fish farm outside of the United States shall not be 
considered to be a representative of the commercial fishing sector.''.
    (i) Report and Recommendations on Gulf Council Amendment.--
            (1) In general.--Before August 2011, the Secretary of 
        Commerce, in consultation with the Gulf of Mexico Fisheries 
        Management Council, shall analyze the impact of the amendment 
        made by subsection (h) and determine whether section 
        302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a fair 
        and balanced apportionment of the active participants in the 
        commercial and recreational fisheries under the jurisdiction of 
        the Council.
            (2) Report.--By no later than August 2011, the Secretary 
        shall transmit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Resources setting forth the Secretary's findings 
        and determination, including any recommendations for 
        legislative or other changes that may be necessary to achieve 
        such a fair and balanced apportionment, including whether to 
        renew the authority.

SEC. 103. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) striking ``and charter fishing'' in paragraph (5) and 
        inserting ``charter fishing, and fish processing'';
            (2) by inserting ``economic information necessary to meet 
        the requirements of this Act,'' in paragraph (5) after ``number 
        of hauls,'';
            (3) by striking ``fishery'' the first place it appears in 
        paragraph (13) and inserting ``fishery, including their 
        economic impact,'';
            (4) by striking ``and'' after the semicolon in paragraph 
        (13);
            (5) by striking ``allocate'' in paragraph (14) and 
        inserting ``allocate, taking into consideration the economic 
        impact of the harvest restrictions or recovery benefits on the 
        fishery participants in each sector,'';
            (6) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and''; and
            (7) by adding at the end the following:
            ``(15)(A) specify, in the plan or implementing regulations, 
        annual catch limits that are recommended by the Council or 
        established by the Secretary based on the best scientific 
        information available at a level that does not exceed optimum 
        yield; and
            ``(B) require that the amount of any harvest exceeding the 
        specified annual catch limit shall be deducted from the 
        following year's annual catch limit.''.
    (b) Effective Date.--The amendments made by subsection (a)(5) shall 
take effect 2 years after the date of enactment of this Act.
    (c) Ending Overfishing.--
            (1) Substitution of term.--The Act is amended--
                    (A) by striking ``overfished'' each place it 
                appears (other than in subsection (a) of section 3 of 
                the Act (16 U.S.C. 1802), as amended by this Act) and 
                inserting ``depleted''; and
                    (B) in the heading for section 304(e) (16 U.S.C. 
                1854(e)) by striking ``Overfished'' and inserting 
                ``Depleted''.
            (2) Required provisions of fishery management plans.--
        Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is amended to read 
        as follows:
            ``(10) specify objective and measurable criteria for 
        identifying when the fishery to which the plan applies is 
        depleted or being subjected to overfishing (with an analysis of 
        how the criteria were determined and the relationship of the 
        criteria to the reproductive potential of stocks of fish in 
        that fishery);''.
            (3) Action by secretary.--Section 304(e)(4)(A)(i) (16 
        U.S.C. 1854(e)(4)(A)(i)) is amended to read as follows:
                            ``(i) be as short as possible, not to 
                        exceed one year unless otherwise provided for 
                        under an international agreement in which the 
                        United States participates, taking into account 
                        the status and biology of any depleted stocks 
                        of fish, the needs of fishing communities, 
                        recommendations by international organizations 
                        in which the United States participates, and 
                        the interaction of the depleted stock of fish 
                        within the marine ecosystem; and''.
    (d) Proposed Regulations.--Section 303(c) (16 U.S.C. 1853(c)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) implementing conservation and management measures 
        under a fishery ecosystem plan under subsection (e)(3) may be 
        submitted at any time after the Council adopts the fishery 
        ecosystem plan.''.

SEC. 104. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

    Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
            (2) by inserting ``and'' after the semicolon at the end of 
        paragraph (2)(A) (as designated by subparagraph (A) of this 
        paragraph);
            (3) by inserting at the end of paragraph (2) the following:
            ``(B) designate such zones in areas where deep sea corals 
        are identified under section 408, to protect deep sea corals 
        from physical damage from fishing gear or to prevent loss or 
        damage to such fishing gear from interactions with deep sea 
        corals, after considering long-term sustainable uses of fishery 
        resources in such areas;'';
            (4) by striking paragraph (6) and inserting the following:
            ``(6) establish a limited access system for the fishery in 
        order to achieve optimum yield if, in developing such system, 
        the Council and the Secretary take into account--
                    ``(A) 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 access 
                privileges to a public resource; and
                    ``(H) any other relevant considerations;'';
            (5) by striking ``(other than economic data)'' in paragraph 
        (7);
            (6) by striking ``and'' after the semicolon in paragraph 
        (11); and
            (7) by redesignating paragraph (12) as paragraph (14) and 
        inserting after paragraph (11) the following:
            ``(12) establish a process for complying with the National 
        Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to 
        section 304(h) of this Act;
            ``(13) include management measures in the plan to conserve 
        target and non-target species and habitats, considering the 
        variety of ecological factors affecting fishery populations; 
        and''.

SEC. 105. LIMITED ACCESS PRIVILEGE PROGRAMS.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
            (1) by striking section 303(d); and
            (2) by inserting after section 303 the following:

``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

    ``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Amendments Act of 2006, a 
Council may submit, and the Secretary may approve, for a fishery that 
is managed under a limited access system, a limited access privilege 
program to harvest fish if the program meets the requirements of this 
section.
    ``(b) No Creation of Right, Title, or Interest.--A limited access 
system, limited access privilege, quota share, or other authorization 
established, implemented, or managed under this Act--
            ``(1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
            ``(2) may be revoked, limited, or modified at any time in 
        accordance with this Act, including revocation 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;
            ``(3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, or other 
        such limited access system authorization if it is revoked, 
        limited, or modified;
            ``(4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the fish is 
        harvested by the holder; and
            ``(5) shall be considered a grant of permission to the 
        holder of the limited access privilege or quota share to engage 
        in activities permitted by such limited access privilege or 
        quota share.
    ``(c) Requirements for Limited Access Privileges.--
            ``(1) In general.--In addition to complying with the other 
        requirements of this Act, any limited access privilege program 
        to harvest fish submitted by a Council or approved by the 
        Secretary under this section shall--
                    ``(A) if established in a fishery that is depleted 
                or subject to a rebuilding plan, assist in its 
                rebuilding; and
                    ``(B) if established in a fishery that is 
                determined by the Secretary or the Council to have 
                over-capacity, contribute to reducing capacity;
                    ``(C) promote--
                            ``(i) the safety of human life at sea; and
                            ``(ii) the conservation and management of 
                        the fishery;
                    ``(D) prohibit any person other than a United 
                States citizen, a corporation, partnership, or other 
                entity established under the laws of the United States 
                or any State, or a permanent resident alien, that meets 
                the eligibility and participation requirements 
                established in the program from acquiring a privilege 
                to harvest fish;
                    ``(E) require that all fish harvested under a 
                limited access privilege program be processed by 
                vessels of the United States, in United States waters, 
                or on United States soil (including any territory of 
                the United States).
                    ``(F) specify the goals of the program;
                    ``(G) include provisions for the regular monitoring 
                and review by the Council and the Secretary of the 
                operations of the program, including determining 
                progress in meeting the goals of the program and this 
                Act, and any necessary modification of the program to 
                meet those goals, with a formal and detailed review 5 
                years after the establishment of the program and every 
                5 years thereafter;
                    ``(H) include an effective system for enforcement, 
                monitoring, and management of the program, including 
                the use of observers;
                    ``(I) include an appeals process for administrative 
                review of determinations with respect to the 
                Secretary's decisions regarding administration of the 
                limited access privilege program;
                    ``(J) provide for the establishment by the 
                Secretary, in consultation with the Department of 
                Justice and the Federal Trade Commission, for an 
                information collection and review process to provide 
                any additional information needed by the Department of 
                Justice and the Federal Trade Commission to determine 
                whether any illegal acts of anti-competition, anti-
                trust, price collusion, or price fixing have occurred 
                among regional fishery associations or persons 
                receiving limited access privileges under the program; 
                and
                    ``(K) provide for the revocation by the Secretary 
                of limited access privileges held by any person found 
                to have violated the antitrust laws of the United 
                States.
            ``(2) Waiver.--The Secretary may waive the requirement of 
        paragraph (1)(E) if the Secretary determines that--
                    ``(A) the fishery has historically processed the 
                fish outside of the United States; and
                    ``(B) the United States has a seafood safety 
                equivalency agreement with the country where processing 
                will occur (or other assurance that seafood safety 
                procedures to be used in such processing are equivalent 
                or superior to the applicable United States seafood 
                safety standards).
            ``(3) Fishing communities.--
                    ``(A) In general.--
                            ``(i) Eligibility.--To be eligible to 
                        participate in a limited access privilege 
                        program to harvest fish, a fishing community 
                        shall--
                                    ``(I) be located within the 
                                management area of the relevant 
                                Council;
                                    ``(II) meet criteria developed by 
                                the relevant Council, approved by the 
                                Secretary, and published in the Federal 
                                Register;
                                    ``(III) consist of residents who 
                                conduct commercial or recreational 
                                fishing, processing, or fishery-
                                dependent support businesses within the 
                                Council's management area; and
                                    ``(IV) develop and submit a 
                                community sustainability plan to the 
                                Council and the Secretary that 
                                demonstrates how the plan will address 
                                the social and economic development 
                                needs of fishing communities, including 
                                those that have not historically had 
                                the resources to participate in the 
                                fishery, for approval based on criteria 
                                developed by the Council that have been 
                                approved by the Secretary and published 
                                in the Federal Register.
                            ``(ii) Failure to comply with plan.--The 
                        Secretary shall deny limited access privileges 
                        granted under this section for any person who 
                        fails to comply with the requirements of the 
                        plan.
                    ``(B) Participation criteria.--In developing 
                participation criteria for eligible communities under 
                this paragraph, a Council shall consider--
                            ``(i) traditional fishing or processing 
                        practices in, and dependence on, the fishery;
                            ``(ii) the cultural and social framework 
                        relevant to the fishery;
                            ``(iii) economic barriers to access to 
                        fishery;
                            ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        captains, crew, processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion;
                            ``(v) the expected effectiveness, 
                        operational transparency, and equitability of 
                        the community sustainability plan; and
                            ``(vi) the potential for improving economic 
                        conditions in remote coastal communities 
                        lacking resources to participate in harvesting 
                        or processing activities in the fishery.
            ``(4) Regional fishery associations.--
                    ``(A) In general.--To be eligible to participate in 
                a limited access privilege program to harvest fish, a 
                regional fishery association shall--
                            ``(i) be located within the management area 
                        of the relevant Council;
                            ``(ii) meet criteria developed by the 
                        relevant Council, approved by the Secretary, 
                        and published in the Federal Register;
                            ``(iii) be a voluntary association with 
                        established by-laws and operating procedures 
                        consisting of participants in the fishery, 
                        including commercial or recreational fishing, 
                        processing, fishery-dependent support 
                        businesses, or fishing communities; and
                            ``(iv) develop and submit a regional 
                        fishery association plan to the Council and the 
                        Secretary for approval based on criteria 
                        developed by the Council that have been 
                        approved by the Secretary and published in the 
                        Federal Register.
                    ``(B) Failure to comply with plan.--The Secretary 
                shall deny limited access privileges granted under this 
                section for any person who fails to comply with the 
                requirements of the plan.
                    ``(C) Participation criteria.--In developing 
                participation criteria for eligible regional fishery 
                associations under this paragraph, a Council shall 
                consider--
                            ``(i) traditional fishing or processing 
                        practices in, and dependence on, the fishery;
                            ``(ii) the cultural and social framework 
                        relevant to the fishery;
                            ``(iii) economic barriers to access to 
                        fishery;
                            ``(iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of limited 
                        access privilege programs on harvesters, 
                        captains, crew, processors, and other 
                        businesses substantially dependent upon the 
                        fishery in the region or subregion, upon the 
                        administrative and fiduciary soundness of the 
                        association and its by-laws; and
                            ``(v) the expected effectiveness, 
                        operational transparency, and equitability of 
                        the fishery association plan.
            ``(5) Allocation.--In developing a limited access privilege 
        program to harvest fish a Council or the Secretary shall--
                    ``(A) establish procedures to ensure fair and 
                equitable initial allocations, including consideration 
                of--
                            ``(i) current and historical harvests;
                            ``(ii) employment in the harvesting and 
                        processing sectors;
                            ``(iii) investments in, and dependence 
                        upon, the fishery; and
                            ``(iv) the current and historical 
                        participation of fishing communities;
                    ``(B) to the extent practicable, consider the basic 
                cultural and social framework of the fishery, 
                especially through the development of policies to 
                promote the sustained participation of small owner-
                operated fishing vessels and fishing communities that 
                depend on the fisheries, including regional or port-
                specific landing or delivery requirements;
                    ``(C) include measures to assist, when necessary 
                and appropriate, entry-level and small vessel 
                operators, captains, crew, and fishing communities 
                through set-asides of harvesting allocations, including 
                providing privileges and, where appropriate, 
                recommending the provision of economic assistance in 
                the purchase of limited access privileges to harvest 
                fish;
                    ``(D) ensure that limited access privilege holders 
                do not acquire an excessive share of the total limited 
                access privileges in the program by--
                            ``(i) establishing a maximum share, 
                        expressed as a percentage of the total limited 
                        access privileges, that a limited access 
                        privilege holder is permitted to hold, 
                        acquired, or use; and
                            ``(ii) establishing any other limitations 
                        or measures necessary to prevent an inequitable 
                        concentration of limited access privileges;
                    ``(E) establish procedures to address geographic or 
                other consolidation in both the harvesting and 
                processing sectors of the fishery; and
                    ``(F) authorize limited access privileges to 
                harvest fish to be held, acquired, or used by or issued 
                under the system to persons who substantially 
                participate in the fishery, as specified by the 
                Council, including, as appropriate, fishing vessel 
                owners, vessel captains, vessel crew members, fishing 
                communities, and regional fishery associations.
            ``(6) Program initiation.--
                    ``(A) Limitation.--Except as provided in 
                subparagraph (D), a Council may initiate a fishery 
                management plan or amendment to establish a limited 
                access privilege program to harvest fish on its own 
                initiative or if the Secretary has certified an 
                appropriate petition.
                    ``(B) Petition.--A group of fishermen constituting 
                more than 50 percent of the permit holders, or holding 
                more than 50 percent of the allocation, in the fishery 
                for which a limited access privilege program to harvest 
                fish is sought, may submit a petition to the Secretary 
                requesting that the relevant Council or Councils with 
                authority over the fishery be authorized to initiate 
                the development of the program. Any such petition shall 
                clearly state the fishery to which the limited access 
                privilege program would apply. For multispecies permits 
                in the Gulf, only those participants who have 
                substantially fished the species proposed to be 
                included in the limited access program shall be 
                eligible to sign a petition for such a program and 
                shall serve as the basis for determining the percentage 
                described in the first sentence of this subparagraph.
                    ``(C) Certification by secretary.--Upon the receipt 
                of any such petition, the Secretary shall review all of 
                the signatures on the petition and, if the Secretary 
                determines that the signatures on the petition 
                represent more than 50 percent of the permit holders, 
                or holders of more than 50 percent of the allocation in 
                the fishery, as described by subparagraph (B), the 
                Secretary shall certify the petition to the appropriate 
                Council or Councils.
                    ``(D) New england and gulf referendum.--
                            ``(i) Except as provided in clause (iii) 
                        for the Gulf of Mexico commercial red snapper 
                        fishery, the New England and Gulf Councils may 
                        not submit, and the Secretary may not approve 
                        or implement, a fishery management plan or 
                        amendment that creates an individual fishing 
                        quota program, including a Secretarial plan, 
                        unless such a system, as ultimately developed, 
                        has been approved by more than \2/3\ of those 
                        voting in a referendum among eligible permit 
                        holders with respect to the New England 
                        Council, and by a majority of those voting in 
                        the referendum among eligible permit holders 
                        with respect to the Gulf Council. For 
                        multispecies permits in the Gulf, only those 
                        participants who have substantially fished the 
                        species proposed to be included in the 
                        individual fishing quota program shall be 
                        eligible to vote in such a referendum. If an 
                        individual fishing quota program fails to be 
                        approved by the requisite number of those 
                        voting, it may be revised and submitted for 
                        approval in a subsequent referendum.
                            ``(ii) The Secretary shall conduct a 
                        referendum under this subparagraph, 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 
                        individual fishing quota program. Within 1 year 
                        after the date of enactment of the Magnuson-
                        Stevens Fishery Conservation and Management 
                        Amendments Act of 2006, the Secretary shall 
                        publish guidelines and procedures to determine 
                        procedures and voting eligibility requirements 
                        for referenda and to conduct such referenda in 
                        a fair and equitable manner.
                            ``(iii) The provisions of section 407(c) of 
                        this Act shall apply in lieu of this 
                        subparagraph for an individual fishing quota 
                        program for the Gulf of Mexico commercial red 
                        snapper fishery.
                            ``(iv) Chapter 35 of title 44, United 
                        States Code, (commonly known as the Paperwork 
                        Reduction Act) does not apply to the referenda 
                        conducted under this subparagraph.
            ``(7) Transferability.--In establishing a limited access 
        privilege program, a Council shall--
                    ``(A) establish a policy on the transferability of 
                limited access privilege shares (through sale or 
                lease), including a policy on any conditions that apply 
                to the transferability of limited access privilege 
                shares that is consistent with the policies adopted by 
                the Council for the fishery under paragraph (3); and
                    ``(B) establish criteria for the approval and 
                monitoring of transfers (including sales and leases) of 
                limited access privilege shares.
            ``(8) Preparation and implementation of secretarial 
        plans.--This subsection also applies to a plan prepared and 
        implemented by the Secretary under section 304(g).
            ``(9) Antitrust savings clause.--Nothing in this Act shall 
        be construed to modify, impair, or supersede the operation of 
        any of the antitrust laws. For purposes of the preceding 
        sentence, the term `antitrust laws' has the meaning given such 
        term in subsection (a) of the first section of the Clayton Act, 
        except that such term includes section 5 of the Federal Trade 
        Commission Act to the extent that such section 5 applies to 
        unfair methods of competition.
    ``(d) Auction and Other Programs.--In establishing a limited access 
privilege program, a Council may consider, and provide for, if 
appropriate, an auction system or other program to collect royalties 
for the initial, or any subsequent, distribution of allocations in a 
limited access privilege program if--
            ``(1) the system or program is administered in such a way 
        that the resulting distribution of limited access privilege 
        shares meets the program requirements of subsection (c)(3)(A); 
        and
            ``(2) revenues generated through such a royalty program are 
        deposited in the Limited Access System Administration Fund 
        established by section 305(h)(5)(B) and available subject to 
        annual appropriations.
    ``(e) Cost Recovery.--In establishing a limited access privilege 
program, a Council shall--
            ``(1) develop a methodology and the means to identify and 
        assess the management, data collection and analysis, and 
        enforcement programs that are directly related to and in 
        support of the program; and
            ``(2) provide, under section 304(d)(2), for a program of 
        fees paid by limited access privilege holders that will cover 
        the costs of management, data collection and analysis, and 
        enforcement activities.
    ``(f) Limited Duration.--In establishing a limited access privilege 
program after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Amendments Act of 2006, a Council may 
establish--
            ``(1) a set term after which any initial or subsequent 
        allocation of a limited access privilege shall expire;
            ``(2) different set terms within a fishery if the Council 
        determines that variation of terms will further management 
        goals; and
            ``(3) a mechanism under which participants in and entrants 
        to the program may acquire or reacquire allocations.
    ``(g) Limited Access Privilege Assisted Purchase Program.--
            ``(1) In general.--A Council may submit, and the Secretary 
        may approve and implement, a program which reserves up to 25 
        percent of any fees collected from a fishery under section 
        304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
        Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue 
        obligations that aid in financing--
                    ``(A) the purchase of limited access privileges in 
                that fishery by fishermen who fish from small vessels; 
                and
                    ``(B) the first-time purchase of limited access 
                privileges in that fishery by entry level fishermen.
            ``(2) Eligibility criteria.--A Council making a submission 
        under paragraph (1) shall recommend criteria, consistent with 
        the provisions of this Act, that a fisherman must meet to 
        qualify for guarantees under subparagraphs (A) and (B) of 
        paragraph (1) and the portion of funds to be allocated for 
        guarantees under each subparagraph.
    ``(h) Effect on Certain Existing Shares and Programs.--Nothing in 
this Act, or the amendments made by the Magnuson-Stevens Fishery 
Conservation and Management Amendments Act of 2006, shall be construed 
to require a reallocation of individual quota shares, processor quota 
shares, cooperative programs, or other quota programs, including sector 
allocation, under development or submitted by a Council or approved by 
the Secretary or by Congressional action before the date of enactment 
of the Magnuson-Stevens Fishery Conservation and Management Amendments 
Act of 2006.''.
    (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is 
amended by striking ``management and enforcement'' and inserting 
``management, data collection, and enforcement''.
    (c) Investment in United States Seafood Processing Facilities.--The 
Secretary of Commerce shall work with the Small Business Administration 
and other Federal agencies to develop financial and other mechanisms to 
encourage United States investment in seafood processing facilities in 
the United States for fisheries that lack capacity needed to process 
fish harvested by United States vessels in compliance with the 
Magnuson--Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C. 
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and 
all that follows and inserting ``section 305(h)(5)(B).''.
    (e) Application With American Fisheries Act.--Nothing in section 
303A of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), as added by subsection (a), shall be 
construed to modify or supersede any provision of the American 
Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851 note; et seq.).

SEC. 106. ACTION BY SECRETARY ON FISHERY MANAGEMENT PLANS AND 
              AMENDMENTS TO PLANS.

    (a) Review of Plans and Initial Regulations.--Section 304(a) (16 
U.S.C. 1854(a)) is amended to read as follows:
    ``(a) Review of Plans.--
            ``(1) Preliminary evaluation.--
                    ``(A) Upon transmittal by the Council to the 
                Secretary of a fishery management plan or plan 
                amendment and any proposed implementing regulations 
                prepared under section 303(c)(1), the Secretary shall 
                make a preliminary evaluation of the management plan or 
                amendment as to whether it is sufficient in scope and 
                substance to warrant review under this subsection and 
                consistent with the national standards, the other 
                provisions of this Act, and other applicable laws.
                    ``(B) If the preliminary evaluation is negative, 
                the Secretary shall disapprove the plan or amendment 
                and notify the Council, in writing, of the reasons for 
                the disapproval.
            ``(2) Notice of proposed plans, amendments, and rules.--By 
        the 15th day following an affirmative preliminary evaluation 
        under (1)(A), the Secretary shall publish in the Federal 
        Register--
                    ``(A) 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
                    ``(B) any proposed implementing regulations that 
                the Secretary preliminarily determines to be consistent 
                with the fishery management plan or amendment, this 
                Act, and any other applicable law, subject to the 
                Secretary's authority to include such changes to the 
                Council's proposed regulations as the Secretary 
                believes necessary, together with an explanation of 
                those changes for a 50-day comment period.
            ``(3) Secretarial decision on plan or amendment.--
                    ``(A) The Secretary shall approve, disapprove, or 
                partially approve a plan or amendment within 30 days 
                after the end of the commend period under paragraph (2) 
                by written notice to the Council.
                    ``(B) In making this determination, the Secretary 
                shall--
                            ``(i) take into account the information, 
                        views, and comments received from interested 
                        persons;
                            ``(ii) consult with the Secretary of State 
                        with respect to foreign fishing; and
                            ``(iii) consult with the Secretary of the 
                        department in which the Coast Guard is 
                        operating with respect to enforcement at sea 
                        and to fishery access adjustments referred to 
                        in section 303(a)(5).
                    ``(C) A notice of disapproval or partial approval 
                shall specify--
                            ``(i) the applicable law with which the 
                        plan or amendment is inconsistent;
                            ``(ii) the nature of such inconsistencies; 
                        and
                            ``(iii) recommendations concerning the 
                        actions that could be taken by the Council to 
                        conform such plan or amendment to the 
                        requirements of applicable law.
            ``(4) Disapproval or partial approval.--If the Secretary 
        disapproves or partially approves a plan or amendment, the 
        Council may submit a revised plan or amendment to the Secretary 
        for review under this subsection.
            ``(5) Accompanying regulations.--If the Secretary published 
        proposed implementing regulations pursuant to paragraph (2)(B), 
        the Secretary shall either--
                    ``(A) publish final regulations within 45 days 
                after the end of the comment period under paragraph 
                (2)(B); or
                    ``(B) notify the Council in writing of 
                inconsistencies with the plan, the amendment, this Act, 
                or other applicable law and provide recommendations on 
                revisions to cure the inconsistencies.
        Upon receiving such a notification from the Secretary, the 
        Council may revise the regulations and resubmit them to the 
        Secretary for reevaluation under subsection (b).
            ``(6) Relationship to other law.--Fishery management plans, 
        fishery management plan amendments, and fishery ecosystem plans 
        are not rules subject to section 553 of title 5, United States 
        Code, and need not be codified in the Code of Federal 
        Regulations in accordance with chapter 15 of title 44, United 
        States Code.''.
    (b) Review of Other Regulations.--Section 304(b) (16 U.S.C. 
1854(b)) is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Evaluation.--
                    ``(A) Upon transmittal by the Council to the 
                Secretary of regulations proposed under section 
                303(c)(2) or (3), the Secretary shall initiate an 
                evaluation of the proposed regulations to determine 
                whether they are consistent with the fishery management 
                plan, this Act, and other applicable law.
                    ``(B) If the Secretary determines that the 
                regulations are consistent, the Secretary shall, within 
                15 days after transmittal by the Council, publish such 
                regulations in the Federal Register, with such changes 
                as may be necessary and an explanation of those 
                changes, for a public comment period of at least 15 
                days and not more than 60 days.
                    ``(C) If the Secretary determines that the 
                regulations are not consistent, the Secretary shall, 
                within 15 days after transmittal by the Council, 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, this Act, and other applicable law.''.
    (c) Alternative Procedural Mechanisms.--Section 304 (16 U.S.C. 
1854) is amended by adding at the end the following:
    ``(i) Alternative Procedural Mechanisms.--
            ``(1) In general.--
                    ``(A) In a fishery management plan or amendment, 
                the Council or Secretary, as appropriate, may develop 
                alternative procedural mechanisms to be used in lieu of 
                plan amendments for implementing conservation and 
                management measures.
                    ``(B) Such mechanisms may allow for abbreviated 
                processes for the implementation of regulations or 
                other actions as appropriate.
                    ``(C) Alternative procedural mechanisms shall only 
                be approved or adopted for use in situations where--
                            ``(i) the conservation and management 
                        measure is within the scope of conservation and 
                        management measures established in an existing 
                        plan;
                            ``(ii) otherwise applicable regulatory 
                        processes are not sufficient to allow timely 
                        and efficient implementation of the 
                        conservation and management measure in response 
                        to new information; and
                            ``(iii) notice of the conservation and 
                        management measure is provided appropriate to 
                        the significance of the expected impacts on 
                        affected fishery resources and on the 
                        participants in the fishery.
                    ``(D) Any final agency action taken pursuant to the 
                alternative procedural mechanism must be promptly 
                published in the Federal Register.
            ``(2) Implementing regulations.--If the alternative 
        procedural mechanism is approved by the Secretary pursuant to 
        section 304(a), or adopted by the Secretary pursuant to section 
        304(c) or (g) and implemented through regulations, any 
        regulation issued or other action taken pursuant to the 
        alternative procedural mechanism need not comply with the 
        rulemaking provisions of section 304(b), (c), or (g), or 
        subsections (b) through (d) of section 553 of title 5, United 
        States Code.''.
    (d) Emergency Regulations.--Section 305(c)(3) (16 U.S.C. 
1855(c)(3)) is amended--
            (1) in the matter preceding subparagraph (A) by inserting 
        ``Subsections (b) through (d) of section 553 of title 5, United 
        States Code, shall not apply to emergency regulations issued 
        pursuant to this provision.'' after ``the period in which such 
        regulation is in effect.'';
            (2) in subparagraph (B) by striking ``180 days'' the second 
        time it appears and inserting ``186 days''; and
            (3) in subparagraph (D) by inserting ``or interim 
        measures'' after ``emergency regulations''.
    (e) Responsibility of the Secretary.--Section 305(d) (16 U.S.C. 
1855(d)) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Responsibility of the Secretary.--
            ``(1) In general.--The Secretary shall have general 
        responsibility to carry out any fishery management plan or 
        amendment approved or prepared by the Secretary, in accordance 
        with this Act.
            ``(2) Regulations.--In addition to the other rulemaking 
        provisions of this Act, the Secretary shall promulgate such 
        regulations, in accordance with section 553 of title 5, United 
        States Code, as may be necessary to discharge such 
        responsibilities or to carry out any other provision of this 
        Act.
            ``(3) Guidance.--The Secretary may issue guidance to 
        interpret and facilitate implementation of this Act.''.

SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

    Section 304 (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(i) Environmental Review Process.--
            ``(1) Procedures.--The Secretary shall, in consultation 
        with the Councils and the Council on Environmental Quality, 
        revise and update agency procedures for compliance with the 
        National Environmental Policy Act (42 U.S.C. 4231 et seq.). The 
        procedures shall--
                    ``(A) conform to the time lines for review and 
                approval of fishery management plans and plan 
                amendments under this section; and
                    ``(B) integrate applicable environmental analytical 
                procedures, including the time frames for public input, 
                with the procedure for the preparation and 
                dissemination of fishery management plans, plan 
                amendments, and other actions taken or approved 
                pursuant to this Act in order to provide for timely, 
                clear and concise analysis that is useful to decision 
                makers and the public, reduce extraneous paperwork, and 
                effectively involve the public.
            ``(2) Usage.--The updated agency procedures promulgated in 
        accordance with this section used by the Councils or the 
        Secretary shall be the sole environmental impact assessment 
        procedure for fishery management plans, amendments, 
        regulations, or other actions taken or approved pursuant to 
        this Act.
            ``(3) Schedule for promulgation of final procedures.--The 
        Secretary shall--
                    ``(A) propose revised procedures within 12 months 
                after the date of enactment of the Magnuson-Stevens 
                Fishery Conservation and Management Amendments Act of 
                2006;
                    ``(B) provide 90 days for public review and 
                comments; and
                    ``(C) promulgate final procedures no later than 18 
                months after the date of enactment of that Act.
            ``(4) Public participation.--The Secretary is authorized 
        and directed, in cooperation with the Council on Environmental 
        Quality and the Councils, to involve the affected public in the 
        development of revised procedures, including workshops or other 
        appropriate means of public involvement.''.

SEC. 108. EMERGENCY REGULATIONS.

    (a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B) 
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' 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. 109. JOINT ENFORCEMENT AGREEMENTS.

    (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
            (1) by striking ``and'' after the semicolon in subsection 
        (b)(1)(A)(iv);
            (2) by inserting ``and'' after the semicolon in subsection 
        (b)(1)(A)(v);
            (3) by inserting after clause (v) of subsection (b)(1)(A) 
        the following:
                            ``(vi) access, directly or indirectly, for 
                        enforcement purposes any data or information 
                        required to be provided under this title or 
                        regulations under this title, including data 
                        from Global Maritime Distress and Safety 
                        Systems, vessel monitoring systems, or any 
                        similar system, subject to the confidentiality 
                        provisions of section 402;'';
            (4) by redesignating subsection (h) as subsection (j); and
            (5) by inserting after subsection (g) the following:
    ``(h) Joint Enforcement Agreements.--
            ``(1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint enforcement 
        agreement with the Secretary that will authorize the 
        deputization and funding of State law enforcement officers with 
        marine law enforcement responsibilities to perform duties of 
        the Secretary relating to law enforcement provisions under this 
        title or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may enter into a 
        joint enforcement agreement with the requesting State.
            ``(2) Eligible state.--A State is eligible to participate 
        in the cooperative enforcement agreements under this section if 
        it is in, or bordering on, the Atlantic Ocean (including the 
        Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 
        of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
            ``(3) Requirements.--Joint enforcement agreements executed 
        under paragraph (1)--
                    ``(A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities;
                    ``(B) may include specifications for joint 
                management responsibilities as provided by the first 
                section of Public Law 91-412 (15 U.S.C. 1525); and
                    ``(C) shall provide for confidentiality of data and 
                information submitted to the State under section 402.
            ``(4) Allocation of funds.--The Secretary shall include in 
        each joint enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        fairly distributed among all eligible States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, the 
        specific marine conservation enforcement needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the marine enforcement mission and assist with 
        enforcement needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical or 
        other assistance provided to the State by the Secretary under 
        the agreement.
    ``(i) Improved Data Sharing.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, as soon as practicable but no later than 21 months 
        after the date of enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Amendments Act of 2006, the 
        Secretary shall implement data-sharing measures to make any 
        data required to be provided by this Act from Global Maritime 
        Distress and Safety Systems, vessel monitoring systems, or 
        similar systems--
                    ``(A) directly accessible by State enforcement 
                officers authorized under subsection (a) of this 
                section; and
                    ``(B) available to a State management agency 
                involved in, or affected by, management of a fishery if 
                the State has entered into an agreement with the 
                Secretary under section 402(b)(1)(B) of this Act.
            ``(2) Agreement required.--The Secretary shall promptly 
        enter into an agreement with a State under section 402(b)(1)(B) 
        of this Act if--
                    ``(A) the Attorney General or highest ranking legal 
                officer of the State provides a written opinion or 
                certification that State law allows the State to 
                maintain the confidentiality of information required by 
                Federal law to be kept confidential; or
                    ``(B) the Secretary is provided other reasonable 
                assurance that the State can and will protect the 
                identity or business of any person to which such 
                information relates.''.
    (b) Report on Using GMDSS for Fishery Purposes.--Within 15 months 
after the date of enactment of this Act, the National Marine Fisheries 
Service and the Coast Guard shall transmit a joint report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Resources containing--
            (1) a cost-to-benefit analysis of the feasibility, value, 
        and cost of using the Global Maritime Distress and Safety 
        Systems, vessel monitoring systems, or similar systems for 
        fishery management, conservation, enforcement, and safety 
        purposes with the Federal Government bearing the capital costs 
        of any such system;
            (2) an examination of the cumulative impact of existing 
        requirements for commercial vessels;
            (3) an examination of whether the Global Maritime Distress 
        and Safety Systems or similar requirements would overlap 
        existing requirements or render them redundant;
            (4) an examination of how data integration from such 
        systems could be addressed;
            (5) an examination of how to maximize the data-sharing 
        opportunities between relevant State and Federal agencies and 
        provide specific information on how to develop these 
        opportunities, including the provision of direct access to the 
        Global Maritime Distress and Safety Systems or similar system 
        data to State enforcement officers, while considering the need 
        to maintain or provide an appropriate level of individual 
        vessel confidentiality where practicable; and
            (6) an assessment of how the Global Maritime Distress and 
        Safety Systems or similar systems could be developed, 
        purchased, and distributed to regulated vessels.

SEC. 110. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
            (1) in subsection (a)(1)(B) by striking ``measures;'' and 
        inserting ``measures, including regulatory restrictions imposed 
        to protect human health or the marine environment and 
        judicially imposed harvest restrictions;'';
            (2) in subsection (a)(4) by striking ``1996, 1997, 1998, 
        and 1999.'' and inserting ``2007 through 2012.'';
            (3) in subsection (b)(1) by striking ``or the Governor of a 
        State for fisheries under State authority, may conduct a 
        fishing'' and inserting ``the Governor of a State for fisheries 
        under State authority, or a majority of permit holders in the 
        fishery, may conduct a voluntary fishing'';
            (4) in subsection (b)(1)(B)(i) by inserting ``practicable'' 
        after ``entrants,'';
            (5) in subsection (b)(1)(C) by striking ``cost-effective 
        and'' and inserting ``cost-effective and, in the instance of a 
        program involving an industry fee system, prospectively, and'';
            (6) in subsection (b)(1) 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) if implemented under paragraph (2)(B), 
                includes measures that will prevent an increase in 
                fishing capacity or effort in other fisheries, 
                including a moratorium on new entrants, practicable 
                restrictions on vessel upgrades, and other effort 
                control measures.'';
            (7) in subsection (b)(2) by striking subparagraph (A) and 
        inserting the following:
            ``(A) the owner of a fishing vessel, if the permit 
        authorizing the participation of the vessel in the fishery is 
        surrendered for permanent revocation and the vessel owner and 
        permit holder relinquish any claim associated with the vessel 
        or permit that could qualify such owner or holder for any 
        present or future limited access system permit in the fishery 
        for which the program is established and such vessel is (i) 
        scrapped, or (ii) through the Secretary of the department in 
        which the Coast Guard is operating, subjected to title 
        restrictions (including loss of the vessel's fisheries 
        endorsement) that permanently prohibit and effectively prevent 
        its use in fishing in federal or state waters, or fishing on 
        the high seas or in the waters of a foreign nation; or'';
            (8) in subsection (b)(4) by striking ``The Secretary shall 
        consult, as appropriate, with Councils,'' and inserting ``The 
        harvester proponents of each program and the Secretary shall 
        consult, as appropriate and practicable, with Councils,'';
            (9) in subsection (d)(1)(A) by striking ``Secretary, at the 
        request of the appropriate Council,'' and inserting 
        ``Secretary'';
            (10) in subsection (d)(1)(A) by striking ``Secretary, in 
        consultation with the Council,'' and inserting ``Secretary'';
            (11) in subsection (d)(1)(B) by striking ``a two-thirds 
        majority of the participants voting.'' and inserting ``at least 
        a majority of the permit holders in the fishery, or 50 percent 
        of the permitted allocation of the fishery, who participated in 
        the fishery.'';
            (12) in subsection (d)(2)(C) by striking ``establish;'' and 
        inserting ``establish, unless the Secretary determines that 
        such fees should be collected from the seller;'' and
            (13) by striking subsection (e) and inserting the 
        following:
    ``(e) Implementation Plan.--
            ``(1) Framework regulations.--The Secretary shall propose 
        and adopt framework regulations applicable to the 
        implementation of all programs under this section.
            ``(2) Program regulations.--The Secretary shall implement 
        each program under this section by promulgating regulations 
        that, together with the framework regulations, establish each 
        program and control its implementation.
            ``(3) Harvester proponents' implementation plan.--The 
        Secretary may not propose implementation regulations for a 
        program to be paid for by an industry fee system until the 
        harvester proponents of the program provide to the Secretary a 
        proposed implementation plan that, among other matters--
                    ``(A) proposes the types and numbers of vessels or 
                permits that are eligible to participate in the program 
                and the manner in which the program shall proceed, 
                taking into account--
                            ``(i) the requirements of this section;
                            ``(ii) the requirements of the framework 
                        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) proposes procedures for program participation 
                (such as submission of owner bids under an auction 
                system or fair market-value assessment), including any 
                terms and conditions for participation, that the 
                harvester proponents deem to be reasonably necessary to 
                meet the program's proposed objectives.
            ``(4) Participation contracts.--The Secretary shall 
        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) Reduction auctions.--Each program not involving fair 
        market assessment shall involve a reduction auction that scores 
        the reduction price of each bid offer by the data relevant to 
        each bidder under an appropriate fisheries productivity factor. 
        If the Secretary accepts bids, the Secretary shall accept 
        responsive bids in the rank order of their bid scores, starting 
        with the bid whose reduction price is the lowest percentage of 
        the productivity factor, and successively accepting each 
        additional responsive bid in rank order until either there are 
        no more responsive bids or acceptance of the next bid would 
        cause the total value of bids accepted to exceed the amount of 
        funds available for the program.
            ``(6) Bid invitations.--Each program shall proceed by the 
        Secretary issuing invitations to bid setting out the terms and 
        conditions for participation consistent with the framework and 
        implementing regulations. Each bid that the Secretary receives 
        in response to the invitation to bid shall constitute an 
        irrevocable offer from the bidder.''.
    (b) Technical Amendment.--Sections 116, 203, 204, 205, and 206 of 
the Sustainable Fisheries Act are deemed to have added sections 312, 
402, 403, 404, and 405, respectively to the Act as of the date of 
enactment of the Sustainable Fisheries Act.
    (c) Report on Over Capitalization.--
            (1) In general.--The Secretary shall, within 12 months 
        after the date of the enactment of this Act, submit to the 
        Congress a report--
                    (A) identifying and describing the 20 fisheries in 
                United States waters with the most severe examples of 
                excess harvesting capacity in the fisheries, based on 
                value of each fishery and the amount of excess 
                harvesting capacity as determined by the Secretary;
                    (B) recommending measures for reducing such excess 
                harvesting capacity, including the retirement of any 
                latent fishing permits that could contribute to further 
                excess harvesting capacity in those fisheries;
                    (C) a description of where retired fishing boats 
                are transferred after retirement;
                    (D) recommendation of a possible format of a 
                fishing vessel buyout program; and
                    (E) potential sources of funding for such measures.
            (2) Basis for recommendations.--The Secretary shall base 
        the recommendations made with respect to a fishery on--
                    (A) the most cost effective means of achieving 
                voluntary reduction in capacity for the fishery using 
                the potential for industry financing; and
                    (B) including measures to prevent the capacity that 
                is being removed from the fishery from moving to other 
                fisheries in the United States, in the waters of a 
                foreign nation, or in the high seas.

SEC. 111. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
              RECOVERY PROGRAM.

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

``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
              RECOVERY PROGRAM.

    ``(a) In General.--When there is a catastrophic regional fishery 
disaster the Secretary may, upon the request of, and in consultation 
with, the Governors of affected States, establish a regional economic 
transition program to provide immediate disaster relief assistance to 
the fishermen, charter fishing operators, United States fish 
processors, and owners of related fishery infrastructure affected by 
the disaster.
    ``(b) Program Components.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or other 
        economic assistance to affected entities, or to governmental 
        entities for disbursement to affected entities, for--
                    ``(A) meeting immediate regional shoreside fishery 
                infrastructure needs, including processing facilities, 
                cold storage facilities, ice houses, docks, including 
                temporary docks and storage facilities, and other 
                related shoreside fishery support facilities and 
                infrastructure;
                    ``(B) financial assistance and job training 
                assistance for fishermen who wish to remain in a 
                fishery in the region that may be temporarily closed as 
                a result of environmental or other effects associated 
                with the disaster;
                    ``(C) funding, pursuant to the requirements of 
                section 312(b), to fishermen who are willing to scrap a 
                fishing vessel and permanently surrender permits for 
                fisheries named on that vessel; and
                    ``(D) any other activities authorized under section 
                312(a) of this Act or section 308(d) of the 
                Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
                4107(d)).
            ``(2) Job training.--Any fisherman who decides to scrap a 
        fishing vessel under the program shall be eligible for job 
        training assistance.
            ``(3) State participation obligation.--The participation by 
        a State in the program shall be conditioned upon a commitment 
        by the appropriate State entity to ensure that the relevant 
        State fishery meets the requirements of section 312(b) of this 
        Act to ensure excess capacity does not re-enter the fishery.
            ``(4) No matching required.--The Secretary may waive the 
        matching requirements of section 312 of this Act, section 308 
        of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
        4107), and any other provision of law under which the Federal 
        share of the cost of any activity is limited to less than 100 
        percent if the Secretary determines that--
                    ``(A) no reasonable means are available through 
                which applicants can meet the matching requirement; and
                    ``(B) the probable benefit of 100 percent Federal 
                financing outweighs the public interest in imposition 
                of the matching requirement.
            ``(5) Net revenue limit inapplicable.--Section 308(d)(3) of 
        the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
        shall not apply to assistance under this section.
    ``(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall provide the 
Governor of each State participating in the program a comprehensive 
economic and socio-economic evaluation of the affected region's 
fisheries to assist the Governor in assessing the current and future 
economic viability of affected fisheries, including the economic impact 
of foreign fish imports and the direct, indirect, or environmental 
impact of the disaster on the fishery and coastal communities.
    ``(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term `catastrophic regional fishery disaster' means a 
natural disaster, including a hurricane or tsunami, or a judicial or 
regulatory closure to protect human health or the marine environment, 
that--
            ``(1) results in economic losses to coastal or fishing 
        communities;
            ``(2) affects more than 1 State or a major fishery managed 
        by a Council or interstate fishery commission; and
            ``(3) is determined by the Secretary to be a commercial 
        fishery failure under section 312(a) of this Act or a fishery 
        resource disaster or section 308(d) of the Interjurisdictional 
        Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.

SEC. 112. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.

    (a) Loan Assistance.--Subject to availability of appropriations, 
the Secretary of Commerce shall provide assistance to eligible holders 
of fishery finance program loans and allocate such assistance among 
eligible holders based upon their outstanding principal balances as of 
December 2, 2005, for any of the following purposes:
            (1) To defer principal payments on the debt for 1 year and 
        re-amortize the debt over the remaining term of the loan.
            (2) To allow for an extension of the term of the loan for 
        up to 1 year beyond the remaining term of the loan, or 
        September 30, 2013, whichever is later.
            (3) To pay the interest costs for such loans over fiscal 
        years 2007 through 2012, not to exceed amounts authorized under 
        subsection (d).
            (4) To provide opportunities for loan forgiveness, as 
        specified in subsection (c).
    (b) Loan Forgiveness.--
            (1) In general.--Upon application made by an eligible 
        holder of a fishery finance program loan, made at such time, in 
        such manner, and containing such information as the Secretary 
        may require, the Secretary, on a calendar year basis beginning 
        in 2005, may--
                    (A) offset against the outstanding balance on the 
                loan an amount equal to the sum of the amounts expended 
                by the holder during the calendar year to repair or 
                replace covered vessels or facilities, or to invest in 
                new fisheries infrastructure within or for use within 
                the declared fisheries disaster area; or
                    (B) cancel the amount of debt equal to 100 hundred 
                percent of actual expenditures on eligible repairs, 
                reinvestment, expansion, or new investment in fisheries 
                infrastructure in the disaster region, or repairs to, 
                or replacement of, eligible fishing vessels.
    (c) Definitions.--In this section:
            (1) Declared fisheries disaster area.--The term ``declared 
        fisheries disaster area'' means fisheries located in the major 
        disaster area designated by the President under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) as a result of Hurricane Katrina or 
        Hurricane Rita.
            (2) Eligible holder.--The term ``eligible holder'' means 
        the holder of a fishery finance program loan if--
                    (A) that loan is used to guarantee or finance any 
                fishing vessel or fish processing facility home-ported 
                or located within the declared fisheries disaster area; 
                and
                    (B) the holder makes expenditures to repair or 
                replace such covered vessels or facilities, or invests 
                in new fisheries infrastructure within or for use 
                within the declared fisheries disaster area, to restore 
                such facilities following the disaster.
            (3) Fishery finance program loan.--The term ``fishery 
        finance program loan'' means a loan made or guaranteed under 
        the fishery finance program under title XI of the Merchant 
        Marine Act, 1936, (46 U.S.C. App. 1271 et seq.).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the purposes of this 
section not more than $15,000,000 for each eligible holder for the 
period beginning with fiscal year 2007 through fiscal year 2012.

SEC. 113. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of Commerce shall establish an 
assistance program for the Gulf of Mexico shrimp fishing industry.
    (b) Allocation of Funds.--Under the program, the Secretary shall 
allocate funds appropriated to carry out the program among the States 
of Alabama, Louisiana, Florida, Mississippi, and Texas in proportion to 
the percentage of the shrimp catch landed by each State, except that 
the amount allocated to Florida shall be based exclusively on the 
proportion of such catch landed by the Florida Gulf Coast fishery.
    (c) Use of Funds.--Of the amounts made available to each State 
under the program--
            (1) 2 percent shall be retained by the State to be used for 
        the distribution of additional payments to fishermen with a 
        demonstrated record of compliance with turtle excluder and 
        bycatch reduction device regulations; and
            (2) the remainder of the amounts shall be used for--
                    (A) personal assistance, with priority given to 
                food, energy needs, housing assistance, transportation 
                fuel, and other urgent needs;
                    (B) assistance for small businesses, including 
                fishermen, fish processors, and related businesses 
                serving the fishing industry;
                    (C) domestic product marketing and seafood 
                promotion;
                    (D) State seafood testing programs;
                    (E) the development of limited entry programs for 
                the fishery;
                    (F) funding or other incentives to ensure 
                widespread and proper use of turtle excluder devices 
                and bycatch reduction devices in the fishery; and
                    (G) voluntary capacity reduction programs for 
                shrimp fisheries under limited access programs.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $17,500,000 for fiscal years 
2007 through 2012 to carry out this section.

SEC. 114. BYCATCH REDUCTION ENGINEERING PROGRAM.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 114 of 
this Act, is further amended by adding at the end the following:

``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

    ``(a) Bycatch Reduction Engineering Program.--Not later than 1 year 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Amendments Act of 2006, the Secretary, in 
cooperation with the Councils and other affected interests, and based 
upon the best scientific information available, shall establish a 
bycatch reduction program to develop technological devices and other 
conservation engineering changes designed to minimize bycatch, seabird 
bycatch, bycatch mortality, and post-release mortality in federally 
managed fisheries. The program shall--
            ``(1) be regionally based;
            ``(2) be coordinated with projects conducted under the 
        cooperative research and management program established under 
        this Act;
            ``(3) provide information and outreach to fishery 
        participants that will encourage adoption and use of 
        technologies developed under the program; and
            ``(4) provide for routine consultation with the Councils in 
        order to maximize opportunities to incorporate results of the 
        program in Council actions and provide incentives for adoption 
        of methods developed under the program in fishery management 
        plans developed by the Councils.
    ``(b) Incentives.--Any fishery management plan prepared by a 
Council or by the Secretary may establish a system of incentives to 
reduce total bycatch and seabird bycatch amounts, bycatch rates, and 
post-release mortality in fisheries under the Council's or Secretary's 
jurisdiction, including--
            ``(1) measures to incorporate bycatch into quotas, 
        including the establishment of collective or individual bycatch 
        quotas;
            ``(2) measures to promote the use of gear with verifiable 
        and monitored low bycatch and seabird bycatch rates; and
            ``(3) measures that, based on the best scientific 
        information available, will reduce bycatch and seabird bycatch, 
        bycatch mortality, post-release mortality, or regulatory 
        discards in the fishery.''.

SEC. 115. ECOSYSTEM MANAGEMENT.

     Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is 
further amended by adding at the end the following:

``SEC. 318. ECOSYSTEM MANAGEMENT.

    ``(a) Guidelines.--
            ``(1) In general.--The Secretary shall, in consultation 
        with the Councils and within 24 months after the date of the 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Amendments Act of 2006, publish draft guidelines 
        (which shall not have the force and effect of law) for the 
        Councils concerning ecosystem considerations in fishery 
        conservation and management.
            ``(2) Contents.--The guidelines shall include definitions 
        of the term `ecosystem' for purposes of this Act.
    ``(b) Fishery Ecosystem Plans.--Each Council, or the Secretary as 
appropriate, may prepare a fishery ecosystem plan in order to assist in 
implementing an ecosystem approach to managing fisheries within its 
area of authority. In preparing a fishery ecosystem plan, a Council 
shall coordinate with Federal and State agencies responsible for 
scientific understanding and management of other marine resources and 
sector activities.
    ``(c) Contents of Fishery Ecosystem Plans.--Fishery ecosystem plans 
shall be consistent with the advisory guidelines established in 
subsection (a) and shall contain conservation and management measures 
applicable to fishery resources throughout the fishery ecosystem, 
including measures that the Council or the Secretary may consider 
appropriate to--
            ``(1) avoid or minimize adverse effects of fishing on fish 
        habitat, as well as other components of the ecosystem;
            ``(2) establish marine managed areas in the exclusive 
        economic zone or the high seas;
            ``(3) manage fishing capacity; and
            ``(4) coordinate fishery science and management actions 
        with Federal and State agencies responsible for scientific 
        understanding and management of other marine resources and 
        sector activities, such as pollution prevention and habitat 
        modification.
    ``(d) Joint Plans.--If a fishery ecosystem encompasses waters under 
the authority of more than one Council, or a Council or Councils and 
the Secretary, for fisheries under section 302(a)(3), the Councils, or 
the Council or Councils and the Secretary, as appropriate, may 
collaborate to jointly prepare a fishery ecosystem plan for that 
ecosystem. In preparing a joint fishery ecosystem plan, a Council or 
Councils, or the Council or Councils and the Secretary, as appropriate, 
shall coordinate with Federal and State agencies managing other marine 
resources and sector activities.''.

SEC. 116. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND COASTAL 
              HABITATS.

    (a) In General.--The Secretary of Commerce shall establish a 
community-based fishery and coastal habitat restoration program to 
implement and support the restoration of fishery and coastal habitats.
    (b) Authorized Activities.--In carrying out the program, the 
Secretary may--
            (1) provide funding and technical expertise to fishery and 
        coastal communities to assist them in restoring fishery and 
        coastal habitat;
            (2) advance the science and monitoring of coastal habitat 
        restoration;
            (3) transfer restoration technologies to the private 
        sector, the public, and other governmental agencies;
            (4) develop public-private partnerships to accomplish sound 
        coastal restoration projects;
            (5) promote significant community support and volunteer 
        participation in fishery and coastal habitat restoration;
            (6) promote stewardship of fishery and coastal habitats; 
        and
            (7) leverage resources through national, regional, and 
        local public-private partnerships.
    (c) Authorization of Appropriations.--To carry out this section 
there are authorized to be appropriated to the Secretary--
            (1) for the first full fiscal year beginning after the date 
        of the enactment of this Act, $12,000,000; and
            (2) for each fiscal year thereafter through fiscal year 
        2012, the sum of the amount authorized under this subsection 
        for the preceding fiscal year, plus $2,000,000.

SEC. 117. PROHIBITED ACTS.

    Section 307(1) (16 U.S.C. 1857(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (O);
            (2) by striking ``carcass.'' in subparagraph (P) and 
        inserting ``carcass;''; and
            (3) by inserting after subparagraph (P) and before the last 
        sentence the following:
                    ``(Q) to import, export, transport, sell, receive, 
                acquire, or purchase in interstate or foreign commerce 
                any fish taken, possessed, transported, or sold in 
                violation of any foreign law or regulation; or
                    ``(R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the high seas 
                or the waters of another country, after the Secretary 
                has made a payment to the owner of that fishing vessel 
                under section 312(b)(2).''.

SEC. 118. COOPERATIVE RESTORATION PROJECTS.

     Section 305(b) (16 U.S.C. 1855(b)) is amended by adding at the end 
the following:
            ``(5)(A) In furtherance of the purposes of this Act, the 
        Secretary or a Council may enter into a cooperative agreement 
        with any Federal agency, State or local government, university, 
        non-governmental organization, or other qualified entity to 
        undertake activities to provide for the conservation, 
        restoration, protection, or enhancement of essential fish 
        habitat.
            ``(B) The Secretary may provide financial assistance to any 
        entity with whom the Secretary or a Council has entered into a 
        cooperative agreement under subparagraph (A) to carry out 
        activities enumerated in such agreement.
            ``(C) Such cooperative agreements shall provide for--
                    ``(i) the actions to be taken by the parties to the 
                agreement;
                    ``(ii) the benefits to be derived in connection 
                with the conservation, protection, restoration or 
                enhancement of essential fish habitat;
                    ``(iii) the estimated cost of these actions; and
                    ``(iv) the share of such cost to be borne by each 
                party to the agreement; except that the Federal share 
                of such program costs shall not exceed 75 percent of 
                the estimated program cost stated in the agreement.
            ``(D) For the purposes of this paragraph, the non-Federal 
        share may, at the discretion of the Secretary, be in the form 
        of money or in-kind contribution, the value of which shall be 
        determined by the Secretary.''.

SEC. 119. ENFORCEMENT.

    (a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is amended--
            (1) by striking ``$100,000'' in subsection (a) and 
        inserting ``$240,000'';
            (2) by striking ``this section,'' in subsection (f) and 
        inserting ``this Act (or any other marine resource law enforced 
        by the Secretary),'';
            (3) by inserting ``a permit, or any interest in a permit,'' 
        in subsection (g)(3) after ``vessel,'' each place it appears;
            (4) by striking ``the vessel'' in subsection (g)(3) and 
        inserting ``the vessel, permit, or interest'';
            (5) by inserting ``or any amount in settlement of a civil 
        forfeiture,'' after ``criminal fine,'' in subsection (g)(4); 
        and
            (6) by striking ``penalty or fine'' in subsection (g)(4) 
        and inserting ``penalty, fine, or settlement amount''.
    (b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is amended to 
read as follows:

``SEC. 309. CRIMINAL PENALTIES.

    ``(a) Fines and Imprisonment.--
            ``(1) In general.--Any person (other than a foreign 
        government or entity thereof) who knowingly violates 
        subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1) 
        of section 307, or paragraph (2) of section 307, shall be 
        imprisoned for not more than 5 years and fined--
                    ``(A) not more than $500,000 if such person is an 
                individual; or
                    ``(B) not more than $1,000,000 if such person is a 
                corporation or other legal entity other than an 
                individual.
            ``(2) Aggravated offenses.--Notwithstanding paragraph (1), 
        the maximum term of imprisonment shall be for not more than 10 
        years if--
                    ``(A) the violator is an individual; and
                    ``(B) in the commission of a violation described in 
                paragraph (1), that individual--
                    ``(A) used a dangerous weapon;
                    ``(B) engaged in conduct that caused bodily injury 
                to any observer described in section 307, any officer 
                authorized to enforce the provisions of this Act under 
                section 311, or any Council member or staff; or
                    ``(C) placed any such observer, officer, Council 
                member, or staff in fear of imminent bodily injury.
    ``(b) Other Violations.--Any person (other than a foreign 
government or entity thereof) who knowingly violates any other 
provision of section 307 shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both.
    ``(c) Jurisdiction.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction over any action arising under this Act.
            ``(2) Venue.--For purposes of this Act--
                    ``(A) each violation of this Act shall constitute a 
                separate offense and the offense shall be deemed to 
                have been committed not only in the district where it 
                first occurred, but also in any other district as 
                authorized by law;
                    ``(B) any offense not committed within a judicial 
                district of the United States is subject to the venue 
                provisions of section 3238 of title 18, United States 
                Code; and
                    ``(C) American Samoa shall be included within the 
                judicial district of the United States District Court 
                for the District of Hawaii.''.
    (c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) is 
amended--
            (1) by striking ``(other than any act for which the 
        issuance of a citation under section 311(a) is sufficient 
        sanction)''; and
            (2) by striking ``States.'' and inserting ``States, except 
        that no fishing vessel shall be subject to forfeiture under 
        this section as the result of any act for which the issuance of 
        a citation under section 311(a) is sufficient sanction.''.
    (d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 1861(a)) 
is amended--
            (1) by striking ``Act'' and inserting ``Act, and the 
        provisions of any marine resource law administered by the 
        Secretary,''; and
            (2) by striking ``State agency,'' and inserting ``agency of 
        any State, Territory, Commonwealth, or Tribe,''.
    (e) Powers of Authorized Officers.--Section 311(b) (16 U.S.C. 
1861(b)) is amended by striking ``Federal or State''.
    (f) Payment of Storage, Care, and Other Costs.--Section 
311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as follows:
            ``(B) a reward to any person who furnishes information 
        which leads to an arrest, conviction, civil penalty assessment, 
        or forfeiture of property for any violation of any provision of 
        this Act or any other marine resource law enforced by the 
        Secretary of up to the lesser of--
                    ``(i) 20 percent of the penalty or fine collected; 
                or
                    ``(ii) $20,000;''.

SEC. 120. FISHERY PERMITTING AND REGISTRATION PROGRAMS.

    (a) Consistency of Plans With National Program.--Section 303(b)(1) 
(16 U.S.C. 1853(b)(1)) is amended by inserting after ``(1)'' the 
following: ``consistent with the national program established under 
section 401,''.
    (b) Uniform National Programs.--Section 401 (16 U.S.C. 1881) is 
amended to read as follows:

``SEC. 401. FISHERY PERMITTING AND REGISTRATION.

    ``(a) Commercial Fisheries.--The Secretary shall establish and 
implement a uniform national program for permitting in commercial 
fisheries. The program shall standardize the requirements for vessel 
registration and permitting required by this Act, the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.), any other marine 
resource law implemented by the Secretary, and, with the permission of 
a State, any marine resource law implemented by such State.
    ``(b) Deposit of Fees.--Any fees collected under this section shall 
be deposited into the Limited Access System Administration Fund 
established by section 305(h)(5)(B).''.
    (c) Clerical Amendment.--The table of contents in the first section 
is amended by striking the item relating to section 401 and inserting 
the following:

``Sec. 401. Fishery permitting and registration.''.

SEC. 121. BYCATCH.

    (a) Reporting Methodology.--Section 303(a)(11) (16 U.S.C. 
1853(a)(11)) is amended by striking ``establish a standardized'' and 
inserting ``within one year after the date of the enactment of the 
Magnuson-Stevens Fishery Conservation and Management Amendments Act of 
2006, establish and begin implementing a standardized''.
    (b) Charitable Donation of Bycatch.--Section 303(b) (16 U.S.C. 
1853(b)) is further amended by striking ``and'' after the semicolon at 
the end of paragraph (13), by striking the period at the end of 
paragraph (14) and inserting ``; and'', and by adding at the end the 
following:
            ``(15) allow the retention and donation for charitable 
        purposes of all dead bycatch that cannot otherwise be avoided 
        under terms that ensure, through the use of onboard fishery 
        observers or other means, that such retention and donation do 
        not allow the evasion of vessel trip limits, total allowable 
        catch levels, or other conservation and management measures.''.

              Subtitle B--Collaborative Strategic Planning

SEC. 131. SHORT TITLE.

    This subtitle may be cited as the ``National Fishing Fleet Vision, 
Implementation, and Management Act''.

SEC. 132. DEFINITIONS.

     In this subtitle:
            (1) Atlantic highly migratory species.--The term ``Atlantic 
        highly migratory species'' means a species in any highly 
        migratory species fishery that is within the geographical area 
        of authority of more than one of the following Councils: New 
        England Council, Mid-Atlantic Council, South Atlantic Council, 
        Gulf Council, and Caribbean Council.
            (2) Council.--The term ``Council'' means a Regional Fishery 
        Management Council established under the Magnuson Act.
            (3) Highly migratory species.--The term ``highly migratory 
        species'' has the meaning given such term in section 3 of the 
        Magnuson Act (16 U.S.C. 1802).
            (4) Institute.--The term ``Institute'' means the United 
        States Institute for Environmental Conflict Resolution 
        established pursuant to Public Law 105-156.
            (5) Magnuson act.--The term ``Magnuson Act'' means the 
        Magnuson-Steven Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).
            (6) National task force.--The term ``National Task Force'' 
        means the National Task Force on Sustainable Fleet Capacity 
        established under section 134.
            (7) Overfishing and depleted.--Each of the terms 
        ``overfishing'' and ``depleted'' have the meaning given such 
        term in section 3 of the Magnuson Act (16 U.S.C. 1802).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the National Marine Fisheries 
        Service.

SEC. 133. PROGRAM TO ACHIEVE SUSTAINABLE FISHERIES THROUGH 
              COLLABORATIVE STRATEGIC PLANNING PROCESSES.

    (a) In General.--The Secretary, in consultation with the United 
States Institute for Environmental Conflict Resolution, shall establish 
and implement a program to enable Regional Fishery Management Councils 
to develop broadly supported plans designed to achieve sustainable 
fisheries through collaborative strategic planning processes.
    (b) Guidance and Assistance.--Under the program under this section, 
the Secretary shall provide guidance and assistance to Councils in 
utilizing--
            (1) collaborative process assessment, design, and 
        implementation; and
            (2) options to address regional differences and 
        circumstances.

SEC. 134. NATIONAL TASK FORCE ON SUSTAINABLE FISHERY CAPACITY.

    (a) In General.--The Secretary shall establish a National Task 
Force on Sustainable Fishery Capacity to develop--
            (1) guidance for the development of Sustainable Fishery 
        Standards for Sustainable Fishery Vision, Implementation, and 
        Management Plans under section 135, including appropriate 
        criteria, standards, performance measures, and guidelines for 
        such plans; and
            (2) criteria to prioritize fisheries for which such plans 
        will be most useful.
    (b) Members.--The National Task Force shall--
            (1) consist of members appointed by the Secretary;
            (2) have balanced representation of affected and concerned 
        stakeholders; and
            (3) include one member designated by the Secretary to serve 
        as the chairperson of the National Task Force, who shall be 
        appointed by the Secretary--
                    (A) in consultation with the Regional Fishery 
                Management Council Coordinating Committee; and
                    (B) based on recommendations of an independent 
                stakeholder assessment conducted by the Institute.
    (c) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the National Task Force.
            (2) Compliance.--Notwithstanding paragraph (1), the 
        National Task Force shall be appointed and operate in a manner 
        consistent with all provisions of the Federal Advisory 
        Committee Act with respect to--
                    (A) the balance of membership of the National Task 
                Force;
                    (B) provision of public notice regarding activities 
                of the National Task Force;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                National Task Force.
    (d) Guidance Development.--
            (1) Not later than the end of the 9-month period beginning 
        on the date of the enactment of this Act, the National Task 
        Force shall transmit to the Secretary guidance for the 
        development of Sustainable Fishery Vision, Implementation, and 
        Management Plan under section 135.
            (2) The National Task Force shall develop such guidance 
        through a multistakeholder, collaborative process, using 
        independent third party neutral facilitation assistance 
        provided through the United States Institute for Environmental 
        Conflict Resolution.
            (3) If the National Task Force fails to develop such 
        guidance in accordance with this section, the Secretary shall 
        issue Sustainable Fishery Vision, Implementation, and 
        Management Plan guidance within 45 days after the end of the 
        period referred to in paragraph (1).
            (4) The Secretary, in coordination with the National Task 
        Force, shall periodically review and revise, as appropriate, 
        guidance issued under this subsection.

SEC. 135. SUSTAINABLE FISHERY VISION, IMPLEMENTATION, AND MANAGEMENT 
              PLANS.

    (a) In General.--Each Council, and the Secretary with respect to 
any Atlantic highly migratory species, may issue a Sustainable Fishery 
Vision, Implementation, and Management Plan for any fishery (or 
combination of fisheries, as appropriate) that is under its 
jurisdiction.
    (b) Plan Requirements.--
            (1) In general.--Each plan issued under this section--
                    (A) shall be issued in accordance with the guidance 
                issued under section 134(d); and
                    (B) shall create a long-term vision and 
                implementation plan for the sustainable operation of 
                each fishery to which it applies.
            (2) Considerations.--In developing such a plan, the Council 
        (or the Secretary) shall consider--
                    (A) the impact of the plan on affected communities;
                    (B) effective resource conservation; and
                    (C) economic considerations.
    (c) Task Forces on Sustainable Fishery Vision, Implementation, and 
Management.--
            (1) Establishment.--Each Council, and the Secretary with 
        respect to any Atlantic highly migratory species--
                    (A) may establish a Task Force on Sustainable 
                Fishery Vision, Implementation, and Management to 
                develop a Sustainable Fishery Vision, Implementation, 
                and Management Plan; and
                    (B) in establishing such task force, shall specify 
                a timeframe for development of such plan by the task 
                force.
            (2) Duties.--The task force shall--
                    (A) assess the level of fleet capacity for each 
                fishery for which it is appointed;
                    (B) identify the consequences of inaction in 
                reducing overfishing in each such fishery;
                    (C) identify a vision for fleet composition and 
                participation in each such fishery after it is rebuilt, 
                taking into account long-term resource conservation 
                needs and communities;
                    (D) assess and prioritize management measures to 
                implement the vision;
                    (E) develop a Sustainable Fishery Vision, 
                Implementation, and Management Plan to achieve the 
                vision and implement such measures; and
                    (F) determine the economic, social, and resource 
                costs and benefits for the measures included in the 
                plan.
            (3) Composition.--Members of the task force shall--
                    (A) include appropriate agency leadership and 
                staff, and Council members and staff;
                    (B) consist of members who have authority to act 
                effectively in making decisions, as members of the task 
                force, on behalf of the agency or interests they 
                represent;
                    (C) be selected to ensure balanced inclusion of 
                affected and concerned interests; and
                    (D) as a condition of appointment to the task 
                force, be required to confirm their willingness to 
                commit to the generally accepted principles of 
                engagement in collaborative problem solving, and to 
                participate in good faith with an open mind to 
                considering new perspectives.
            (4) Chairperson.--The task force shall select a Chairperson 
        from among its members. The Chairperson shall guide the work of 
        the task force, working with an independent facilitator or 
        mediator to facilitate development of a consensus for a 
        Sustainable Fishery Vision, Implementation, and Management 
        Plan.
            (5) Operations.--The task force shall operate in accordance 
        with the guidance issued under section 134(d).
            (6) Support.--
                    (A) Support by secretary.--The Secretary shall 
                support the task force by providing relevant 
                information requested by the task force.
                    (B) Experts and consultants.--The Chairperson of a 
                task force may procure services of independent 
                facilitators and mediators, and other experts, as the 
                Chairperson considers advisable to carry out the duties 
                of the task force.
            (7) Report.--The task force shall submit a report to the 
        Council according to the timeframe specified by the Council 
        under paragraph (1)(B), including a Sustainable Fishery Vision, 
        Implementation, and Management Plan for the fishery for which 
        the task force is established.
    (d) Issuance of Plan by Secretary for Species That Is not an 
Atlantic Highly Migratory Species.--The Secretary shall issue a 
Sustainable Fishery Vision, Implementation, and Management Plan under 
this section (including establishment of a task force in accordance 
with subsection (b)) for a fishery for a species that is not an 
Atlantic highly migratory species, if--
            (1) the Council having jurisdiction over the fishery fails 
        to establish a task force under subsection (b) within the 2-
        year period after the Secretary determines that the fishery is 
        subject to overfishing or in a depleted condition; or
            (2) the Secretary determines that the fishery, after 
        implementation of a fishery management plan developed by the 
        Council for a period of 2 years, is subject to overfishing.
    (e) Review of Plans.--A Council, and the Secretary with respect to 
any Atlantic highly migratory species, shall regularly review each 
Sustainable Fishery Vision, Implementation, and Management Plan issued 
under this section to determine the effectiveness of the plan and 
whether changes are necessary to enhance success of the goals of the 
plan.

SEC. 136. PRIORITY IMPLEMENTATION.

     In implementing the Magnuson-Stevens Fishery Conservation and 
Management Act, the Secretary shall give priority to supporting 
measures designed to implement Fishery Vision, Implementation, and 
Management Plans issued under this subtitle.

SEC. 137. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

    Section 201(d) (16 U.S.C. 1821(d)) is amended--
            (1) by striking ``shall be'' and inserting ``is'';
            (2) by striking ``which will not'' and inserting ``that can 
        not, or will not,''; and
            (3) by inserting after ``Act'' the following: ``, except 
        that the total allowable level shall be zero for any fishery 
        that is determined by the Secretary to have adequate or excess 
        harvest capacity. Allocations of the total allowable level of 
        foreign fishing are discretionary.''.

                   TITLE II--INFORMATION AND RESEARCH

SEC. 201. RECREATIONAL FISHERIES INFORMATION.

    Section 401 (16 U.S.C. 1881) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Recreational Fisheries.--
            ``(1) Federal program.--The Secretary shall establish and 
        implement a regionally based registry program for recreational 
        fishermen in each of the 8 fishery management regions. The 
        program shall provide for--
                    ``(A) the registration (including identification 
                and contact information) of individuals who engage in 
                recreational fishing--
                            ``(i) in the Exclusive Economic Zone;
                            ``(ii) for anadromous species; or
                            ``(iii) for Continental Shelf fishery 
                        resources beyond the Exclusive Economic Zone; 
                        and
                    ``(B) if appropriate, the registration (including 
                the ownership, operator, and identification of the 
                vessel) of vessels used in such fishing.
            ``(2) State programs.--The Secretary shall exempt from 
        registration under the program recreational fishermen and 
        charter fishing vessels licensed, permitted, or registered 
        under the laws of a State if the Secretary determines that 
        information from the State program is suitable for the 
        Secretary's use or is used to assist in completing marine 
        recreational fisheries statistical surveys, or evaluating the 
        effects of proposed conservation and management measures for 
        marine recreational fisheries.
            ``(3) Data collection.--Within 24 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Amendments Act of 2006, the Secretary shall 
        establish a program to improve the quality and accuracy of 
        information generated by the Marine Recreational Fishery 
        Statistics Survey, with a goal of achieving acceptable accuracy 
        and utility for each individual fishery. Unless the Secretary 
        determines that alternate methods will achieve this goal more 
        efficiently and effectively, the program shall, to the extent 
        possible, include--
                    ``(A) an adequate number of dockside interviews to 
                accurately estimate recreational catch and effort;
                    ``(B) use of surveys that target anglers registered 
                or licensed at the State or Federal level to collect 
                participation and effort data;
                    ``(C) collection and analysis of vessel trip report 
                data from charter fishing vessels; and
                    ``(D) development of a weather corrective factor 
                that can be applied to recreational catch and effort 
                estimates.
            ``(4) Report.--Within 24 months after establishment of the 
        program, the Secretary shall submit a report to Congress that 
        describes the progress made toward achieving the goals and 
        objectives of the program.''.

SEC. 202. COLLECTION OF INFORMATION.

    Section 402(a) (16 U.S.C. 1881a(a)) is amended--
            (1) by striking ``(a) Council Requests.--'' in the 
        subsection heading and inserting ``(a) Collection Programs.--
        '';
            (2) by resetting the text following ``(a) Collection 
        Programs.--'' as a new paragraph 2 ems from the left margin;
            (3) by inserting ``(1) Council requests.--'' before ``If a 
        Council'';
            (4) by striking ``subsection'' in the last sentence and 
        inserting ``paragraph'';
            (5) by striking ``(other than information that would 
        disclose proprietary or confidential commercial or financial 
        information regarding fishing operations or fish processing 
        operations)'' each place it appears; and
            (6) by adding at the end the following:
            ``(2) Secretarial initiation.--If the Secretary determines 
        that additional information is necessary for developing, 
        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.''.

SEC. 203. ACCESS TO CERTAIN INFORMATION.

    (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3) and 
        resetting it 2 ems from the left margin;
            (2) by striking all preceding paragraph (3), as 
        redesignated, and inserting the following:
    ``(b) Confidentiality of Information.--
            ``(1) Any information submitted to the Secretary, a state 
        fishery management agency, or a marine fisheries commission by 
        any person in compliance with the requirements of this Act that 
        contains confidential information shall be confidential and 
        shall be exempt from disclosure under section 552(h)(3) of 
        title 5, United States Code, except--
                    ``(A) to Federal employees and Council employees 
                who are responsible for fishery management plan 
                development, monitoring, or enforcement;
                    ``(B) to State or Marine Fisheries Commission 
                employees as necessary to further the Department's 
                mission, subject to a confidentiality agreement that 
                prohibits public disclosure of confidential information 
                relating to any person;
                    ``(C) to State employees who are responsible for 
                fishery management plan enforcement, if the States 
                employing those employees have entered into a fishery 
                enforcement agreement with the Secretary and the 
                agreement is in effect;
                    ``(D) when such information is used by State, 
                Council, or Marine Fisheries Commission employees to 
                verify catch under a limited access program, but only 
                to the extent that such use is consistent with 
                subparagraph (B);
                    ``(E) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to persons for 
                reasons not otherwise provided for in this subsection, 
                and such release does not violate other requirements of 
                this Act;
                    ``(F) when such information is required to be 
                submitted to the Secretary for any determination under 
                a limited access program; or
                    ``(G) in support of homeland and national security 
                activities, including the Coast Guard's homeland 
                security missions as defined in section 888(a)(2) of 
                the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)).
            ``(2) Any observer information shall be confidential and 
        shall not be disclosed, except in accordance with the 
        requirements of subparagraphs (A) through (G) of paragraph (1), 
        or--
                    ``(A) as authorized by a fishery management plan or 
                regulations under the authority of the North Pacific 
                Council to allow disclosure to the public of weekly 
                summary bycatch information identified by vessel or for 
                haul-specific bycatch information without vessel 
                identification;
                    ``(B) when such information is necessary in 
                proceedings to adjudicate observer certifications; or
                    ``(C) as authorized by any regulations issued under 
                paragraph (3) allowing the collection of observer 
                information, pursuant to a confidentiality agreement 
                between the observers, observer employers, and the 
                Secretary prohibiting disclosure of the information by 
                the observers or observer employers, in order--
                            ``(i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as necessary 
                        to train and prepare observers for deployments 
                        on specific vessels; or
                            ``(ii) to validate the accuracy of the 
                        observer information collected.''; and
            (3) by striking ``(1)(E).'' in paragraph (3), as 
        redesignated, and inserting ``(2)(A).''.
    (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
1881c(c)(4)) is amended by striking ``under section 401''.

SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 115, is 
further amended by adding at the end the following:

``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    ``(a) In General.--The Secretary of Commerce, in consultation with 
the Councils, shall establish a cooperative research and management 
program to address needs identified under this Act and under any other 
marine resource laws enforced by the Secretary. The program shall be 
implemented on a regional basis and shall be developed and conducted 
through partnerships among Federal, State, and Tribal managers and 
scientists (including interstate fishery commissions), commercial and 
recreational fishing industry participants, and educational 
institutions.
    ``(b) Eligible Projects.--The Secretary shall make funds available 
under the program for the support of projects to address critical needs 
identified by the Councils in consultation with the Secretary. The 
program shall promote and encourage efforts to utilize sources of data 
maintained by other Federal agencies, State agencies, or academia for 
use in such projects.
    ``(c) Funding.--In making funds available the Secretary shall award 
funding on a competitive basis and based on regional fishery management 
needs, select programs that form part of a coherent program of research 
focused on solving priority issues identified by the Councils, and 
shall give priority to the following projects:
            ``(1) Projects to collect data to improve, supplement, or 
        enhance stock assessments, including the use of fishing vessels 
        or acoustic or other marine technology.
            ``(2) Projects to assess the amount and type of bycatch, or 
        seabird bycatch, or post-release mortality occurring in a 
        fishery.
            ``(3) Conservation engineering projects designed to reduce 
        bycatch, or seabird bycatch, including avoidance of post-
        release mortality, reduction of bycatch in high seas fisheries, 
        and transfer of such fishing technologies to other nations.
            ``(4) Projects for the identification of habitat areas of 
        particular concern and for habitat conservation.
            ``(5) Projects designed to collect and compile economic and 
        social data.
    ``(d) Experimental Permitting Process.--Not later than 180 days 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Amendments Act of 2006, the Secretary, in 
consultation with the Councils, shall promulgate regulations that 
create an expedited, uniform, and regionally-based process to promote 
issuance, where practicable, of experimental fishing permits.
    ``(e) Guidelines.--The Secretary, in consultation with the 
Councils, shall establish guidelines to ensure that participation in a 
research project funded under this section does not result in loss of a 
participant's catch history or unexpended days-at-sea as part of a 
limited entry system.
    ``(f) Exempted Projects.--The procedures of this section shall not 
apply to research funded by quota set-asides in a fishery.''.

SEC. 205. RESTORATION STUDY.

    Title III (16 U.S.C. 1851 et seq.), as amended by section 205, is 
further amended by adding at the end the following:

``SEC. 319. RESTORATION STUDY.

    ``(a) In General.--The Secretary may conduct a study to update 
scientific information and protocols needed to improve restoration 
techniques for a variety of coast habitat types and synthesize the 
results in a format easily understandable by restoration practitioners 
and local communities.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated $500,000 for fiscal year 2007 to conduct this study.''.

SEC. 206. FISHERIES CONSERVATION AND MANAGEMENT FUND.

    (a) In General.--The Secretary shall establish and maintain a fund, 
to be known as the ``Fisheries Conservation and Management Fund'', 
which shall consist of amounts retained and deposited into the Fund 
under subsection (c).
    (b) Purposes.--Subject to the allocation of funds described in 
subsection (d), amounts in the Fund shall be available to the Secretary 
of Commerce, without appropriation or fiscal year limitation, to 
disburse as described in subsection (e) for--
            (1) efforts to improve fishery harvest data collection 
        including--
                    (A) expanding the use of electronic catch reporting 
                programs and technology; and
                    (B) improvement of monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices and satellite tracking systems such as VMS on 
                small vessels;
            (2) cooperative fishery research and analysis, in 
        collaboration with fishery participants, academic institutions, 
        community residents, and other interested parties;
            (3) development of methods or new technologies to improve 
        the quality, health safety, and value of fish landed;
            (4) conducting analysis of fish and seafood for health 
        benefits and risks, including levels of contaminants and, where 
        feasible, the source of such contaminants;
            (5) marketing of sustainable United States fishery 
        products, including consumer education regarding the health or 
        other benefits of wild fishery products harvested by vessels of 
        the United States; and
            (6) providing financial assistance to fishermen to offset 
        the costs of modifying fishing practices and gear to meet the 
        requirements of this Act, the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
        other Federal laws in pari materia.
    (c) Deposits to the Fund.--
            (1) Quota set-asides.--Any amount generated through quota 
        set-asides established by a Council under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) and designated by the Council for inclusion in the 
        Fishery Conservation and Management Fund, may be deposited in 
        the Fund.
            (2) Other funds.--In addition to amounts received under 
        sections 311(e)(1)(G) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1861(e)(1)(G), and 
        amounts received pursuant to paragraph (1) of this subsection, 
        the Fishery Conservation and Management Fund may also receive 
        funds from--
                    (A) appropriations for the purposes of this 
                section; and
                    (B) States or other public sources or private or 
                non-profit organizations for purposes of this section.
    (d) Regional Allocation.--The Secretary shall, every 2 years, 
apportion monies from the Fund among the eight Council regions 
according to consensus recommendations of the Councils, based on 
regional priorities identified through the Council process, except that 
no region shall receive less than 5 percent of the Fund in each 
allocation period.
    (e) Limitation on the Use of the Fund.--No amount made available 
from the Fund may be used to defray the costs of carrying out other 
requirements of this Act or the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.).

SEC. 207. USE OF FISHERY FINANCE PROGRAM AND CAPITAL CONSTRUCTION FUND 
              FOR SUSTAINABLE PURPOSES.

    (a) Purpose of Obligations.--Section 1104A(a)(7) of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is amended to read as 
follows:
            ``(7) financing or refinancing including,
                    ``(A) the reimbursement of obligors for 
                expenditures previously made, for the purchase of 
                individual fishing quotas in accordance with section 
                303(d)(4) of the Magnuson-Stevens Fishery Conservation 
                and Management Act;
                    ``(B) activities that assist in the transition to 
                reduced fishing capacity; or
                    ``(C) technologies or upgrades designed to improve 
                collection and reporting of fishery-dependent data, to 
                reduce bycatch and seabird bycatch, to improve 
                selectivity or reduce adverse impacts of fishing gear, 
                or to improve safety.''.
    (b) Expansion of Purposes for Qualified Withdrawals.--Section 
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) 
is amended--
            (1) by striking ``for:'' and inserting ``for--'';
            (B) by striking ``vessel,'' in subparagraph (A) and 
        inserting ``vessel;'';
            (C) by striking ``vessel, or'' in subparagraph (B) and 
        inserting ``vessel;'';
            (D) by striking ``vessel.'' in subparagraph (C) and 
        inserting ``vessel;''; and
            (E) by inserting after subparagraph (C) the following:
                    ``(D) in the case of any person for whose benefit 
                the fund was established and who participates in the 
                fishing capacity reduction program under section 312 of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1861a)--
                            ``(i) if such person remains in the 
                        fishery, the satisfaction of any debt 
                        obligation undertaken pursuant to such program; 
                        and
                            ``(ii) if such person withdraws 1 or more 
                        vessels from the fishery, the substitution of 
                        amounts the person would otherwise receive 
                        under such program for such person's vessel or 
                        permit to engage in the fishery;
                    ``(E) the repair, maintenance, or upgrade of an 
                eligible vessel or its equipment for the purpose of--
                            ``(i) making conservation engineering 
                        changes to reduce bycatch, improve selectivity 
                        of fishing gear, or reduce adverse impacts of 
                        fishing gear;
                            ``(ii) improving vessel safety; or
                            ``(iii) acquiring, installing, or upgrading 
                        equipment to improve collection, reporting, or 
                        accuracy of fishery data; or
                    ``(F) the acquisition, construction, 
                reconstruction, upgrading, or investment in shoreside 
                fishery-related facilities or infrastructure in the 
                United States for the purpose of promoting United 
                States ownership of fishery-related facilities in the 
                United States without contributing to overcapacity in 
                the sector.''.

SEC. 208. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

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

``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

    ``(a) In General.--The Secretary, in consultation with appropriate 
regional fishery management councils and in coordination with other 
Federal agencies and educational institutions, shall establish a 
program--
            ``(1) to identify existing research on, and known locations 
        of, deep sea corals and submit such information to the 
        appropriate Councils;
            ``(2) to locate and map locations of deep sea corals and 
        submit such information to the Councils;
            ``(3) to monitor activity in locations where deep sea 
        corals are known or likely to occur, based on best scientific 
        information available, including through underwater or remote 
        sensing technologies and submit such information to the 
        appropriate Councils;
            ``(4) to conduct research, including cooperative research 
        with fishing industry participants, on deep sea corals and 
        related species, and on survey methods;
            ``(5) to develop technologies or methods designed to assist 
        fishing industry participants in reducing interactions between 
        fishing gear and deep sea corals; and
            ``(6) to prioritize program activities in areas where deep 
        sea corals are known to occur, and in areas where scientific 
        modeling or other methods predict deep sea corals are likely to 
        be present.
    ``(b) Reporting.--Beginning 1 year after the date of enactment of 
the Magnuson-Stevens Fishery Conservation and Management Amendments Act 
of 2006, the Secretary, in consultation with the Councils, shall submit 
biennial reports to Congress and the public on steps taken by the 
Secretary to identify and monitor, and the Councils to protect, deep 
sea coral areas, including summaries of the results of mapping, 
research, and data collection performed under the program.''.

SEC. 209. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

    (a) In General.--The Under Secretary of Commerce for Oceans and 
Atmosphere shall execute an agreement with the National Academy of 
Sciences to conduct, jointly, a multi-year, comprehensive in-water 
study designed--
            (1) to measure accurately the efforts and effects of shrimp 
        fishery efforts to utilize turtle excluder devices;
            (2) to analyze the impact of those efforts on sea turtle 
        mortality, including interaction between turtles and shrimp 
        trawlers in the inshore, nearshore, and offshore waters of the 
        Gulf of Mexico and similar geographical locations in the waters 
        of the Southeastern United States; and
            (3) to evaluate innovative technologies to increase shrimp 
        retention in turtle excluder devices while ensuring the 
        protection of endangered and threatened sea turtles.
    (b) Observers.--In conducting the study, the Under Secretary shall 
ensure that observers are placed onboard commercial shrimp fishing 
vessels where appropriate or necessary.
    (c) Interim Reports.--During the course of the study and until a 
final report is submitted to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Resources, the National Academy of Sciences shall transmit interim 
reports to the Committees biannually containing a summary of 
preliminary findings and conclusions from the study.

SEC. 210. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES AND 
              HABITATS.

    (a) Fisheries Report.--Within 180 days after the date of enactment 
of this Act, the Secretary of Commerce shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Resources on the impact of Hurricane 
Katrina, Hurricane Rita, and Hurricane Wilma on--
            (1) commercial and recreational fisheries in the States of 
        Alabama, Louisiana, Florida, Mississippi, and Texas, including 
        the extent of recovery of such fisheries from such impacts;
            (2) shrimp fishing vessels in those States; and
            (3) the oyster industry in those States.
    (b) Habitat Report.--Within 180 days after the date of enactment of 
this Act, the Secretary of Commerce shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Resources on the impact of Hurricane 
Katrina, Hurricane Rita, and Hurricane Wilma on habitat, including the 
habitat of shrimp and oysters in those States.
    (c) Habitat Restoration.--The Secretary shall carry out activities 
to restore fishery habitats, including the shrimp and oyster habitats 
in Louisiana and Mississippi.

                  TITLE III--OTHER FISHERIES STATUTES

SEC. 301. REAUTHORIZATION OF OTHER FISHERIES ACTS.

    (a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the 
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended 
to read as follows:
    ``(a) Authorization.--For each of fiscal years 2007, 2008, 2009, 
and 2010, there are authorized to be appropriated to carry out this 
Act--
            ``(1) $1,000,000 to the Secretary of Commerce; and
            ``(2) $250,000 to the Secretary of the Interior.''.
    (b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River 
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000 
for each of fiscal years 2004 through 2008,'' and inserting 
``$4,000,000 for each of fiscal years 2007 through 2010,''.
    (c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning 
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal 
years 2001 through 2005'' and inserting ``fiscal years 2007 through 
2010''.
    (d) Pacific Salmon Treaty Act.--
            (1) Transfer of section to act.--The text of section 623 of 
        title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on 
        November 17, 1999, and enacted into law by section 1000(a)(1) 
        of the Act of November 29, 1999 (Public Law 106-113)--
                    (A) is transferred to the Pacific Salmon Treaty Act 
                (16 U.S.C. 3631 et seq.) and inserted after section 15; 
                and
                    (B) amended--
                            (i) by striking ``Sec. 623.''; and
                            (ii) inserting before ``(a) Northern Fund 
                        and Southern Fund.--'' the following:

``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; 
              ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.

            (2) Technical correction.--The amendment made by the 
        Department of Commerce and Related Agencies Appropriations Act, 
        2005 under the heading ``pacific coastal salmon recovery'' (118 
        Stat. 2881), to section 628(2)(A) of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2001 is deemed to have been made 
        to section 623(d)(2)(A) of title VI of H.R. 3421 (113 Stat. 
        1501A-56), as introduced on November 17, 1999, enacted into law 
        by section 1000(a)(1) of the Act of November 29, 1999 (Public 
        Law 106-113) instead of to such section 628(2)(A), as of the 
        date of enactment of the Department of Commerce and Related 
        Agencies Appropriations Act, 2005.
            (3) Reauthorization.--Section 16(d)(2)(A) of the Pacific 
        Salmon Treaty Act, as transferred by subsection (a), is 
        amended--
                    (A) by inserting ``sustainable salmon fisheries,'' 
                after ``enhancement,''; and
                    (B) by inserting ``2007, 2008, and 2009,'' after 
                ``2005,''.
    (e) State Authority for Dungeness Crab Fishery Management.--Section 
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
            (1) by striking ``September 30, 2006.'' in subsection (i) 
        and inserting ``September 30, 2016.'';
            (2) by striking ``health'' in subsection (j) and inserting 
        ``status''; and
            (3) by striking ``California.'' in subsection (j) and 
        inserting ``California, including--
            ``(1) stock status and trends throughout its range;
            ``(2) a description of applicable research and scientific 
        review processes used to determine stock status and trends; and
            ``(3) measures implemented or planned that are designed to 
        prevent or end overfishing in the fishery.''.

                        TITLE IV--INTERNATIONAL

SEC. 401. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED 
              FISHING.

    Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of this 
Act, is further amended by adding at the end the following:
            ``(12) International cooperation is necessary to address 
        illegal, unreported, and unregulated fishing and other fishing 
        practices which may harm the sustainability of living marine 
        resources and disadvantage the United States fishing 
        industry.''.

SEC. 402. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND 
              REDUCE BYCATCH OF PROTECTED MARINE SPECIES.

    (a) In General.--Title VI of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by 
adding at the end the following:

``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

    ``The Secretary, in consultation with the Secretary of State, shall 
provide to Congress, by not later than 2 years after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Amendments Act of 2006, and every 2 years thereafter, a report that 
includes--
            ``(1) the state of knowledge on the status of international 
        living marine resources, including a list of all fish stocks 
        classified as depleted, endangered, or threatened with 
        extinction by any international or other authority charged with 
        management or conservation of living marine resources;
            ``(2) a list of nations whose vessels have been identified 
        under sections 609(a) or 610(a), including the specific 
        offending activities and any subsequent actions taken pursuant 
        to section 609 or 610;
            ``(3) a description of efforts taken by nations on those 
        lists to comply with the provisions of sections 609 and 610, 
        and an evaluation of the progress of those efforts, including 
        steps taken by the United States to implement those sections 
        and to improve international compliance;
            ``(4) progress at the international level, pursuant to 
        section 608, to strengthen the efforts of international fishery 
        management organizations to end illegal, unreported, or 
        unregulated fishing; and
            ``(5) a plan of action for ensuring the conclusion and 
        entry into force of international measures comparable to those 
        of the United States to reduce impacts of fishing and other 
        practices on protected living marine resources, if no 
        international agreement to achieve such goal exists, or if the 
        relevant international fishery or conservation organization has 
        failed to implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.

``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT 
              ORGANIZATIONS.

    ``The Secretary, in consultation with the Secretary of State, and 
in cooperation with relevant fishery management councils, shall take 
actions to improve the effectiveness of international fishery 
management organizations in conserving and managing fish stocks under 
their jurisdiction. These actions shall include--
            ``(1) urging international fishery management organizations 
        to which the United States is a member--
                    ``(A) to incorporate multilateral sanctions against 
                member or nonmember governments whose vessels engage in 
                illegal, unreported, or unregulated fishing;
                    ``(B) to seek adoption of lists that identify 
                fishing vessels engaged in illegal, unreported, or 
                unregulated fishing, including authorized (green) and 
                unauthorized (red) vessel lists, that can be shared 
                among all members and other international fishery 
                management organizations;
                    ``(C) to seek international adoption of a 
                centralized vessel monitoring system with an 
                independent secretariat in order to monitor and 
                document capacity in fleets of all nations involved in 
                fishing in areas under the an international fishery 
                management organization's jurisdiction;
                    ``(D) to increase use of observers and technologies 
                needed to monitor compliance with conservation and 
                management measures established by the organization, 
                including vessel monitoring systems and automatic 
                identification systems; and
                    ``(E) to seek adoption of greater port state 
                controls in all nations, particularly those nations 
                whose vessels engage in illegal, unreported, or 
                unregulated fishing;
            ``(2) urging international fishery management organizations 
        to which the United States is a member, as well as all members 
        of those organizations, to adopt and expand the use of market-
        related measures to combat illegal, unreported, or unregulated 
        fishing, including--
                    ``(A) import prohibitions, landing restrictions, or 
                other market-based measures needed to enforce 
                compliance with international fishery management 
                organization measures, such as quotas and catch limits;
                    ``(B) import restrictions or other market-based 
                measures to prevent the trade or importation of fish 
                caught by vessels identified multilaterally as engaging 
                in illegal, unreported, or unregulated fishing; and
                    ``(C) catch documentation and certification schemes 
                to improve tracking and identification of catch of 
                vessels engaged in illegal, unreported, or unregulated 
                fishing, including advance transmission of catch 
                documents to ports of entry; and
            ``(3) urging other nations at bilateral, regional, and 
        international levels, including the Convention on International 
        Trade in Endangered Species of Fauna and Flora and the World 
        Trade Organization to take all steps necessary, consistent with 
        international law, to adopt measures and policies that will 
        prevent fish or other living marine resources harvested by 
        vessels engaged in illegal, unreported, or unregulated fishing 
        from being traded or imported into their nation or territories.

``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

    ``(a) Identification.--The Secretary shall identify, and list in 
the report under section 607, a nation if--
            ``(1) fishing vessels of that nation are engaged, or have 
        been engaged during the preceding calendar year in illegal, 
        unreported, or unregulated fishing; and
            ``(2) the relevant international fishery management 
        organization has failed to implement effective measures to end 
        the illegal unreported, or unregulated fishing activity by 
        vessels of that nation or the nation is not a party to, or does 
        not maintain cooperating status with, such organization, or 
        where no international fishery management organization exists.
    ``(b) Notification.--An identification under subsection (a) or 
section 610(a) is deemed to be an identification under section 
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16 
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President 
and that nation of such identification.
    ``(c) Consultation.--No later than 60 days after submitting a 
report to Congress under section 607, the Secretary, in consultation 
with the Secretary of State, shall--
            ``(1) notify nations listed in the report of the 
        requirements of this section;
            ``(2) initiate consultations for the purpose of encouraging 
        such nations to take the appropriate corrective action with 
        respect to the offending activities of their fishing vessels 
        identified in the report; and
            ``(3) notify any relevant international fishery management 
        organization of the actions taken by the United States under 
        this section.
    ``(d) IUU Certification Procedure.--
            ``(1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter II of 
        chapter 5 of title 5, United States Code, and including notice 
        and an opportunity for comment by the governments of any nation 
        listed by the Secretary under subsection (a), for determining 
        if that government has taken appropriate corrective action with 
        respect to the offending activities of its fishing vessels 
        identified in the report under section 607. The Secretary shall 
        determine, on the basis of the procedure, and certify to the 
        Congress no later than 90 days after the date on which the 
        Secretary promulgates a final rule containing the procedure, 
        and biennially thereafter in the report under section 607--
                    ``(A) whether the government of each nation 
                identified under subsection (b) has provided 
                documentary evidence that it has taken corrective 
                action with respect to the offending activities of its 
                fishing vessels identified in the report; or
                    ``(B) whether the relevant international fishery 
                management organization has implemented measures that 
                are effective in ending the illegal, unreported, or 
                unregulated fishing activity by vessels of that nation.
            ``(2) Alternative procedure.--The Secretary may establish a 
        procedure for certification, on a shipment-by-shipment, 
        shipper-by-shipper, or other basis of fish or fish products 
        from a vessel of a harvesting nation not certified under 
        paragraph (1) if the Secretary determines that--
                    ``(A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to which the 
                United States is a party; or
                    ``(B) the vessel is not identified by an 
                international fishery management organization as 
                participating in illegal, unreported, or unregulated 
                fishing activities.
            ``(3) Effect of certification.--The provisions of section 
        101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
        1826a(a), (b)(3), and (b)(4)) shall apply to any nation 
        identified under subsection (a) that has not been certified by 
        the Secretary under this subsection, or for which the Secretary 
        has issued a negative certification under this subsection, but 
        shall not apply to any nation identified under subsection (a) 
        for which the Secretary has issued a positive certification 
        under this subsection.
    ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
            ``(1) In general.--In this Act the term `illegal, 
        unreported, or unregulated fishing' has the meaning established 
        under paragraph (2).
            ``(2) Secretary to define term within legislative 
        guidelines.--Within 3 months after the date of enactment of the 
        Magnuson-Stevens Fishery Conservation and Management Amendments 
        Act of 2006, the Secretary shall publish a definition of the 
        term `illegal, unreported, or unregulated fishing' for purposes 
        of this Act.
            ``(3) Guidelines.--The Secretary shall include in the 
        definition, at a minimum--
                    ``(A) fishing activities that violate conservation 
                and management measures required under an international 
                fishery management agreement to which the United States 
                is a party, including catch limits or quotas, capacity 
                restrictions, and bycatch reduction requirements;
                    ``(B) overfishing of fish stocks shared by the 
                United States, for which there are no applicable 
                international conservation or management measures or in 
                areas with no applicable international fishery 
                management organization or agreement, that has adverse 
                impacts on such stocks; and
                    ``(C) fishing activity, including bottom trawling, 
                that have adverse impacts on seamounts, hydrothermal 
                vents, and cold water corals located beyond national 
                jurisdiction, for which there are no applicable 
                conservation or management measures or in areas with no 
                applicable international fishery management 
                organization or agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2007 through 2012 such 
sums as are necessary to carry out this section.

``SEC. 610. EQUIVALENT CONSERVATION MEASURES.

    ``(a) Identification.--The Secretary shall identify, and list in 
the report under section 607, a nation if--
            ``(1) fishing vessels of that nation are engaged, or have 
        been engaged during the preceding calendar year in fishing 
        activities or practices beyond the exclusive economic zone that 
        result in bycatch of a protected living marine resource;
            ``(2) the relevant international organization for the 
        conservation and protection of such species or the relevant 
        international or regional fishery organization has failed to 
        implement effective measures to end or reduce the impacts of 
        the fishing practices of the nation's vessels on such species, 
        or the nation is not a party to, or does not maintain 
        cooperating status with, such organization; and
            ``(3) the nation has not adopted a regulatory program 
        governing such fishing practices and associated bycatch of 
        protected living marine resources that are comparable to those 
        of the United States, taking into account different conditions.
    ``(b) Consultation and Negotiation.--The Secretary, acting through 
the Secretary of State, shall--
            ``(1) notify, as soon as possible, other nations whose 
        vessels engage in fishing activities or practices described in 
        subsection (a), about the requirements of this section and this 
        Act;
            ``(2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have persons 
        or companies engaged in, fishing activities or practices 
        described in subsection (a), for the purpose of entering into 
        bilateral and multilateral treaties with such countries to 
        protect such species;
            ``(3) seek agreements calling for international 
        restrictions on fishing activities or practices described in 
        subsection (a) through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate international fishery management bodies; and
            ``(4) initiate the amendment of any existing international 
        treaty for the protection and conservation of such species to 
        which the United States is a party in order to make such treaty 
        consistent with the purposes and policies of this section.
    ``(c) Conservation Certification Procedure.--
            ``(1) Certification.--The Secretary shall determine, on the 
        basis of a procedure consistent with the provisions of 
        subchapter II of chapter 5 of title 5, United States Code, and 
        including notice and an opportunity for comment by the 
        governments of any nation identified by the Secretary under 
        subsection (a). The Secretary shall certify to the Congress by 
        January 31, 2007, and annually thereafter whether the 
        government of each harvesting nation--
                    ``(A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine resource, 
                including measures to ensure maximum probability for 
                survival after release, that is comparable to that of 
                the United States, taking into account different 
                conditions, and which, in the case of pelagic longline 
                fishing, includes mandatory use of circle hooks, 
                careful handling and release equipment, and training 
                and observer programs; and
                    ``(B) has established a management plan containing 
                requirements that will assist in gathering species-
                specific data to support international stock 
                assessments and conservation enforcement efforts for 
                protected living marine resources.
            ``(2) Alternative procedure.--The Secretary shall establish 
        a procedure for certification, on a shipment-by-shipment, 
        shipper-by-shipper, or other basis of fish or fish products 
        from a vessel of a harvesting nation not certified under 
        paragraph (1) if the Secretary determines that such imports 
        were harvested by practices that do not result in bycatch of a 
        protected marine species, or were harvested by practices that--
                    ``(A) are comparable to those of the United States, 
                taking into account different conditions, and which, in 
                the case of pelagic longline fishing, includes 
                mandatory use of circle hooks, careful handling and 
                release equipment, and training and observer programs; 
                and
                    ``(B) include the gathering of species specific 
                data that can be used to support international and 
                regional stock assessments and conservation efforts for 
                protected living marine resources.
            ``(3) Effect of certification.--The provisions of section 
        101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
        1826a(a), (b)(3), and (b)(4)) shall apply to any nation 
        identified under subsection (a) that has not been certified by 
        the Secretary under this subsection, or for which the Secretary 
        has issued a negative certification under this subsection, but 
        shall not apply to any nation identified under subsection (a) 
        for which the Secretary has issued a positive certification 
        under this subsection.
    ``(d) International Cooperation and Assistance.--To the greatest 
extent possible consistent with existing authority and the availability 
of funds, the Secretary shall--
            ``(1) provide appropriate assistance to nations identified 
        by the Secretary under subsection (a) and international 
        organizations of which those nations are members to assist 
        those nations in qualifying for certification under subsection 
        (c);
            ``(2) undertake, where appropriate, cooperative research 
        activities on species statistics and improved harvesting 
        techniques, with those nations or organizations;
            ``(3) encourage and facilitate the transfer of appropriate 
        technology to those nations or organizations to assist those 
        nations in qualifying for certification under subsection (c); 
        and
            ``(4) provide assistance to those nations or organizations 
        in designing and implementing appropriate fish harvesting 
        plans.
    ``(e) Protected Living Marine Resource Defined.--In this section 
the term `protected living marine resource'--
            ``(1) means non-target fish, sea turtles, or marine mammals 
        occurring in areas beyond United States jurisdiction that are 
        protected under United States law or international agreement, 
        including the Marine Mammal Protection Act of 1972, the 
        Endangered Species Act of 1973, the Shark Finning Prohibition 
        Act, and the Convention on International Trade in Endangered 
        Species of Wild Flora and Fauna; but
            ``(2) does not include species, except sharks, managed 
        under the Magnuson-Stevens Fishery Conservation and Management 
        Act, the Atlantic Tunas Convention Act of 1973, or any 
        international fishery management agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2007 through 2012 such 
sums as are necessary to carry out this section.
    ``(b) Conforming Amendments.--
            ``(1) Denial of port privileges.--Section 101(b) of the 
        High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 
        1826a(b)) is amended by inserting ``or illegal, unreported, or 
        unregulated fishing`` after ``fishing`` in paragraph (1)(A)(i), 
        paragraph (1)(B), paragraph (2), and paragraph (4)(A)(i).
            ``(2) Duration of denial.--Section 102 of the High Seas 
        Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended 
        by inserting `or illegal, unreported, or unregulated fishing' 
        after `fishing'.''

SEC. 403. REBUILDING DEPLETED FISHERIES.

    (a) Rebuilding Depleted Fisheries.--Section 304(e) (16 U.S.C. 
1854(e)) is amended by adding at the end thereof the following:
            ``(8) The provisions of this paragraph shall apply in lieu 
        of paragraphs (2) through (7) of this subsection to a fishery 
        that the Secretary determines is depleted or approaching a 
        condition of being depleted due to excessive international 
        fishing pressure, and for which there are no management 
        measures to end overfishing under an international agreement to 
        which the United States is a party. For such fisheries--
                    ``(A) the Secretary, in cooperation with the 
                Secretary of State, immediately take appropriate action 
                at the international level to end the overfishing; and
                    ``(B) within 1 year after the Secretary's 
                determination, the appropriate Council, or Secretary, 
                for fisheries under section 302(a)(3) shall--
                            ``(i) develop recommendations for domestic 
                        regulations to address the relative impact of 
                        fishing vessels of the United States on the 
                        stock and, if developed by a Council, the 
                        Council shall submit such recommendations to 
                        the Secretary; and
                            ``(ii) develop and submit recommendations 
                        to the Secretary of State, and to the Congress, 
                        for international actions that will end 
                        overfishing in the fishery and rebuild the 
                        affected stocks, taking into account the 
                        relative impact of vessels of other nations and 
                        vessels of the United States on the relevant 
                        stock.''.
    (b) Highly Migratory Species Tagging Research.--Section 304(g)(2) 
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and 
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in 
a commercial fishery managed by a Council under this Act or the Western 
and Central Pacific Fisheries Convention Implementation Act,''.
                                 <all>