[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Reported in Senate (RS)]


                                                       Calendar No. 389
109th CONGRESS
  2d Session
                                S. 2012

                          [Report No. 109-229]

   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2006 through 2012, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2005

  Mr. Stevens (for himself, Mr. Inouye, Ms. Snowe, Ms. Cantwell, Mr. 
  Vitter, Mrs. Boxer, Mrs. Hutchison, Mr. Lautenberg, Mr. Kerry, Mr. 
 Lott, Mr. Smith, Mr. Pryor, and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             April 4, 2006

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2006 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2005''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
<DELETED>Sec. 3. Changes in definitions.
<DELETED>Sec. 4. Highly migratory species.
<DELETED>Sec. 5. Total allowable level of foreign fishing.
<DELETED>Sec. 6. Western Pacific Sustainable Fisheries Fund.
<DELETED>Sec. 7. Authorization of appropriations.
             <DELETED>Title I--Conservation and Management

<DELETED>Sec. 101. Cumulative impacts.
<DELETED>Sec. 102. Caribbean Council jurisdiction.
<DELETED>Sec. 103. Regional fishery management councils.
<DELETED>Sec. 104. Fishery management plan requirements.
<DELETED>Sec. 105. Fishery management plan discretionary provisions.
<DELETED>Sec. 106. Limited access privilege programs.
<DELETED>Sec. 107. Environmental review process.
<DELETED>Sec. 108. Emergency regulations.
<DELETED>Sec. 109. Western Pacific community development.
<DELETED>Sec. 110. Western Alaska Community Development Quota Program.
<DELETED>Sec. 111. Secretarial action on State groundfish fishing.
<DELETED>Sec. 112. Joint enforcement agreements.
<DELETED>Sec. 113. Transition to sustainable fisheries.
<DELETED>Sec. 114. Regional coastal disaster assistance, transition, 
                            and recovery program.
<DELETED>Sec. 115. Bycatch reduction engineering program.
              <DELETED>Title II--Information and Research

<DELETED>Sec. 201. Recreational fisheries information.
<DELETED>Sec. 202. Collection of information.
<DELETED>Sec. 203. Access to certain information.
<DELETED>Sec. 204. Cooperative research and management program.
<DELETED>Sec. 205. Herring study.
<DELETED>Sec. 206. Restoration study.
<DELETED>Sec. 207. Western Pacific fishery demonstration projects.
<DELETED>Sec. 208. Fisheries Conservation and Management Fund.
<DELETED>Sec. 209. Use of fishery finance program and capital 
                            construction fund for sustainable purposes.
              <DELETED>Title III--Other Fisheries Statutes

<DELETED>Sec. 301. Amendments to Northern Pacific Halibut Act.
<DELETED>Sec. 302. Reauthorization of other fisheries acts.
                    <DELETED>Title IV--International

<DELETED>Sec. 401. International monitoring and compliance.
<DELETED>Sec. 402. Finding with respect to illegal, unreported, and 
                            unregulated fishing.
<DELETED>Sec. 403. Action to end illegal, unreported, or unregulated 
                            fishing and reduce bycatch of protected 
                            marine species.
<DELETED>Sec. 404. Monitoring of Pacific insular area fisheries.
<DELETED>Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
<DELETED>Sec. 406. International overfishing and domestic equity.
    <DELETED>Title V--Implementation of Western and Central Pacific 
                          Fisheries Convention

<DELETED>Sec. 501. Short title.
<DELETED>Sec. 502. Definitions.
<DELETED>Sec. 503. Appointment of United States commissioners.
<DELETED>Sec. 504. Authority and responsibility of the Secretary of 
                            State.
<DELETED>Sec. 505. Rulemaking authority of the Secretary of Commerce.
<DELETED>Sec. 506. Enforcement.
<DELETED>Sec. 507. Penalties.
<DELETED>Sec. 508. Cooperation in carrying out convention.
<DELETED>Sec. 509. Territorial participation.
<DELETED>Sec. 510. Authorization of appropriations.
                   <DELETED>Title VI--Pacific Whiting

<DELETED>Sec. 601. Short title.
<DELETED>Sec. 602. Definitions.
<DELETED>Sec. 603. United States representation on joint management 
                            committee.
<DELETED>Sec. 604. United States representation on the scientific 
                            review group.
<DELETED>Sec. 605. United States representation on joint technical 
                            committee.
<DELETED>Sec. 606. United States representation on advisory panel.
<DELETED>Sec. 607. Responsibilities of the Secretary.
<DELETED>Sec. 608. Rulemaking.
<DELETED>Sec. 609. Administrative matters.
<DELETED>Sec. 610. Enforcement.
<DELETED>Sec. 611. Authorization of appropriations.

<DELETED>SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 3. CHANGES IN DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--Section 3 (16 U.S.C. 1802) is amended--
</DELETED>
        <DELETED>    (1) by inserting after paragraph (6) the 
        following:</DELETED>
        <DELETED>    ``(6A) The term `confidential information' means--
        </DELETED>
                <DELETED>    ``(A) trade secrets; or</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) by inserting after paragraph (13) the 
        following:</DELETED>
        <DELETED>    ``(13B) the term `regional fishery association' 
        means an association formed for the mutual benefit of members 
        comprising persons engaging in the harvest or processing of 
        fishery resources in a specific geographic region or subregion 
        who otherwise own or operate businesses substantially dependent 
        upon a fishery to meet social and economic needs in that region 
        or subregion.'';</DELETED>
        <DELETED>    (3) by inserting after paragraph (23) the 
        following:</DELETED>
        <DELETED>    ``(23A) The term `limited access privilege'--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) includes an individual fishing 
                quota; but</DELETED>
                <DELETED>    ``(C) does not include community 
                development quotas as described in section 305(i).''; 
                and</DELETED>
        <DELETED>    (4) by inserting after paragraph (27) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Redesignation.--Paragraphs (1) through (45) of section 
3 (16 U.S.C. 1802), as amended by subsection (a), are redesignated as 
paragraphs (1) thorough (49), respectively.</DELETED>
<DELETED>    (c) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The following provisions of the Act are 
        amended by striking ``an individual fishing quota'' and 
        inserting ``a limited access privilege'':</DELETED>
                <DELETED>    (A) Section 304(c)(3) (16 U.S.C. 
                1854(c)(3)).</DELETED>
                <DELETED>    (B) Section 304(d)(2)(A)(i) (16 U.S.C. 
                1854(d)(2)(A)(i)).</DELETED>
                <DELETED>    (C) Section 402(b)(1)(D) (16 U.S.C. 
                1881a(b)(1)(D)).</DELETED>
                <DELETED>    (D) Section 407(a)(1)(D), (c)(1), and 
                (c)(2)(B) (16 U.S.C. 1883(a)(1)(D), (c)(1), and 
                (c)(2)(B)).</DELETED>
        <DELETED>    (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is 
        amended by striking ``individual fishing quotas,'' and 
        inserting ``limited access privileges,''.</DELETED>

<DELETED>SEC. 4. HIGHLY MIGRATORY SPECIES.</DELETED>

<DELETED>    Section 102 (16 U.S.C. 1912) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``The''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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, an overfished 
stock, or a stock that is approaching a condition of being overfished, 
the provisions of this Act in this regard shall be communicated to and 
promoted by the United States in the international or regional 
fisheries organization.''.</DELETED>

<DELETED>SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.</DELETED>

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

<DELETED>SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.</DELETED>

<DELETED>    Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``and any funds or contributions 
        received in support of conservation and management objectives 
        under a marine conservation plan'' after ``agreement'' in 
        paragraph (7);</DELETED>
        <DELETED>    (2) by striking ``authority, after payment of 
        direct costs of the enforcement action to all entities involved 
        in such action,'' in paragraph (8); and</DELETED>
        <DELETED>    (3) by inserting after ``paragraph (4).'' in 
        paragraph (8) ``In the case of violations by foreign vessels 
        occurring within the exclusive economic zones off Midway Atoll, 
        Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, 
        Baker, and Wake Islands, amounts received by the Secretary 
        attributable to fines and penalties imposed under this Act, 
        shall be deposited into the Western Pacific Sustainable 
        Fisheries Fund established under paragraph (7) of this 
        subsection.''.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

<DELETED>``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated to the Secretary 
to carry out the provisions of this Act $328,004,000.00 for fiscal year 
2006, and such sums as may be necessary for fiscal years 2007 through 
2012.''</DELETED>

        <DELETED>TITLE I--CONSERVATION AND MANAGEMENT</DELETED>

<DELETED>SEC. 101. CUMULATIVE IMPACTS.</DELETED>

<DELETED>    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 
1851(a)(8)) is amended by inserting ``by utilizing economic and social 
data and assessment methods based on the best economic and social 
information available,'' after ``fishing communities''.</DELETED>
<DELETED>    (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--''.</DELETED>

<DELETED>SEC. 102. CARIBBEAN COUNCIL JURISDICTION.</DELETED>

<DELETED>    Section 302(a)(1)(D) (16 U.S.C. 852(a)(1)(D)) is amended 
by inserting ``and of commonwealths, territories, and possessions of 
the United States in the Caribbean Sea'' after ``seaward of such 
States''.</DELETED>

<DELETED>SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Scientific and Statistical Committees.--Section 302 
(16 U.S.C. 1852) is amended--</DELETED>
        <DELETED>    (1) by striking so much of subsection (g) as 
        precedes paragraph (2) and inserting the following:</DELETED>
<DELETED>    ``(g) Committees and Advisory Panels.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) Each scientific and statistical committee 
        shall provide its Council ongoing scientific advice for fishery 
        management decisions, including recommendations for acceptable 
        biological catch or optimum yield, and reports on stock status 
        and health, bycatch, habitat status, socio-economic impacts of 
        management measures, and sustainability of fishing 
        practices.</DELETED>
        <DELETED>    ``(C) Members appointed by the Councils to the 
        scientific and statistical committees shall be Federal 
        employees, State employees, academicians, or independent 
        experts with strong scientific or technical credentials and 
        experience.</DELETED>
        <DELETED>    ``(D) The Secretary and each Council may establish 
        a peer review process for that Council, developed in 
        consultation with the Council coordination committee for 
        scientific information used to advise the Council about the 
        conservation and management of the fishery. The review process, 
        which may include existing committees or panels, is deemed to 
        satisfy the requirements of the guidelines issued pursuant to 
        section 515 of the Treasury and General Government 
        Appropriations Act for Fiscal year 2001 (Public Law 106-554--
        Appendix C; 114 Stat. 2763A-153).</DELETED>
        <DELETED>    ``(E) In addition to the provisions of section 
        302(f)(7), the Secretary may 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.''; and</DELETED>
        <DELETED>    (2) by striking ``other'' in paragraph (2); 
        and</DELETED>
        <DELETED>    (3) by resetting the left margin of paragraphs (2) 
        through (5) 2 ems from the left.</DELETED>
<DELETED>    (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        paragraph (5);</DELETED>
        <DELETED>    (2) by redesignating paragraph (6) as paragraph 
        (7); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (5) the 
        following:</DELETED>
        <DELETED>    ``(6) adopt annual catch limits for each of its 
        managed fisheries after considering the recommendations of its 
        scientific and statistical committee or other appropriate 
        scientific body; and''.</DELETED>
<DELETED>    (d) Regular and Emergency Meetings.--The first sentence of 
section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--</DELETED>
        <DELETED>    (1) by striking ``published in local newspapers'' 
        and inserting ``provided by any means that will result in wide 
        publicity (except that e-mail notification and website postings 
        alone are not sufficient)''; and</DELETED>
        <DELETED>    (2) by striking ``fishery) and such notice may be 
        given by such other means as will result in wide publicity.'' 
        and inserting ``fishery).''.</DELETED>
<DELETED>    (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers'' and 
inserting ``provide notice by any means that will result in wide 
publicity''.</DELETED>
<DELETED>    (f) Training.--Section 302 (16 U.S.C. 1852) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(k) Council Training Program.--</DELETED>
        <DELETED>    ``(1) Training course.--Within 6 months after the 
        date of enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 2005, 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--
        </DELETED>
                <DELETED>    ``(A) fishery science and basic stock 
                assessment methods;</DELETED>
                <DELETED>    ``(B) fishery management techniques, data 
                needs, and Council procedures;</DELETED>
                <DELETED>    ``(C) social science and fishery 
                economics;</DELETED>
                <DELETED>    ``(D) tribal treaty rights and native 
                customs, access, and other rights related to Western 
                Pacific indigenous communities;</DELETED>
                <DELETED>    ``(E) legal requirements of this Act, 
                including conflict of interest and disclosure 
                provisions of this section and related 
                policies;</DELETED>
                <DELETED>    ``(F) other relevant legal and regulatory 
                requirements, including the National Environmental 
                Policy Act (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    ``(G) public process for development of 
                fishery management plans; and</DELETED>
                <DELETED>    ``(H) other topics suggested by the 
                Council.</DELETED>
        <DELETED>    ``(2) Member training.--The training course shall 
        be available to both new and existing Council members, and may 
        be made available to committee or advisory panel members as 
        resources allow.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (g) Procedural Matters.--Section 302(i) (16 U.S.C. 
1852(i)) is amended--</DELETED>
        <DELETED>    (1) by striking ``to the Councils or to the 
        scientific and statistical committees or advisory panels 
        established under subsection (g)'' in paragraph (1) 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)'';</DELETED>
        <DELETED>    (2) by striking ``of a Council, and of the 
        scientific and statistical committee and advisory panels 
        established under subsection (g)'' in paragraph (2) and 
        inserting ``of a Council, of the Council coordination committee 
        established under subsection (l), and of the scientific and 
        statistical committees or other committees or advisory panels 
        established under subsection (g)''; and</DELETED>
        <DELETED>    (3) by inserting ``other committee,'' in paragraph 
        (3)(A) after ``committee,''.</DELETED>
<DELETED>    (h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 
1852(j)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        paragraph (2)(B);</DELETED>
        <DELETED>    (2) by inserting after paragraph (2)(C) the 
        following:</DELETED>
        <DELETED>    ``(D) the members of any fishing, processing, or 
        marketing association if the individual is serving as an 
        employee or contractor or otherwise receiving compensation from 
        the association; and</DELETED>
        <DELETED>    ``(E) any entity or other individual from whom the 
        individual is receiving or will receive compensation of any 
        kind;''</DELETED>
        <DELETED>    (3) by striking subparagraph (B) of paragraph (5) 
        and inserting the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--</DELETED>
        <DELETED>    (1) striking ``and charter fishing'' in paragraph 
        (5) and inserting ``charter fishing, and fish 
        processing'';</DELETED>
        <DELETED>    (2) by inserting ``economic information necessary 
        to meet the requirements of this Act,'' in paragraph (5) after 
        ``number of hauls,'';</DELETED>
        <DELETED>    (3) by striking ``and'' after the semicolon in 
        paragraph (13);</DELETED>
        <DELETED>    (4) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
        <DELETED>    ``(15) specify, in the plan or implementing 
        regulations, annual catch limits, which shall be established by 
        the Council or Secretary based on the best scientific 
        information available at a level that does not exceed optimum 
        yield, and, for the purposes of which harvests exceeding the 
        specified annual catch limit (including the specified annual 
        catch limit for a sector) shall be deducted from the following 
        year's annual catch limit (including that sector).''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection 
(a)(5) shall take effect 2 years after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY 
              PROVISIONS.</DELETED>

<DELETED>    Section 303(b) (16 U.S.C. 1853(b)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the conservation requirements of 
                this Act with respect to the fishery;</DELETED>
                <DELETED>    ``(B) present participation in the 
                fishery;</DELETED>
                <DELETED>    ``(C) historical fishing practices in, and 
                dependence on, the fishery;</DELETED>
                <DELETED>    ``(D) the economics of the 
                fishery;</DELETED>
                <DELETED>    ``(E) the capability of fishing vessels 
                used in the fishery to engage in other 
                fisheries;</DELETED>
                <DELETED>    ``(F) the cultural and social framework 
                relevant to the fishery and any affected fishing 
                communities;</DELETED>
                <DELETED>    ``(G) the fair and equitable distribution 
                of access privileges to a public resource; 
                and</DELETED>
                <DELETED>    ``(H) any other relevant 
                considerations;'';</DELETED>
        <DELETED>    (2) by striking ``(other than economic data)'' in 
        paragraph (7);</DELETED>
        <DELETED>    (3) by striking ``and'' after the semicolon in 
        paragraph (11); and</DELETED>
        <DELETED>    (4) by redesignating paragraph (12) as paragraph 
        (13) and inserting after paragraph (11) the 
        following:</DELETED>
        <DELETED>    ``(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; and''.</DELETED>

<DELETED>SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.</DELETED>

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

<DELETED>``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.</DELETED>

<DELETED>    ``(a) In General.--After the date of enactment of the 
Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act of 2005, a Council may submit, and the Secretary may approve, for a 
fishery that has been managed under a limited access system for at 
least 1 year, a limited access privilege program to harvest fish, if 
the program meets the requirements of this section.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) shall be considered a permit for the 
        purposes of sections 307, 308, and 309;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) shall not create, or be construed to create, 
        any right, title, or interest in or to any fish before the fish 
        is harvested or purchased by the holder; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Limited Access Privileges to Harvest Fish.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) shall--</DELETED>
                        <DELETED>    ``(i) if established in a fishery 
                        that is overfished or subject to a rebuilding 
                        plan, assist in its rebuilding; and</DELETED>
                        <DELETED>    ``(ii) if established in a fishery 
                        that is determined by the Secretary or the 
                        Council to have excess capacity, contribute to 
                        reducing capacity;</DELETED>
                <DELETED>    ``(B) shall promote--</DELETED>
                        <DELETED>    ``(i) the safety of human life at 
                        sea; and</DELETED>
                        <DELETED>    ``(ii) the conservation and 
                        management of the fishery;</DELETED>
                <DELETED>    ``(C) shall 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, a permanent resident alien, a 
                fishing community, or a regional fishery association 
                from acquiring a privilege to harvest fish; 
                and</DELETED>
                <DELETED>    ``(D) shall 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).</DELETED>
        <DELETED>    ``(2) Fishing communities.--</DELETED>
                <DELETED>    ``(A) In general.--To be eligible to 
                participate in a limited access privilege program to 
                harvest fish, a fishing community shall--</DELETED>
                        <DELETED>    ``(i) be located within the 
                        management area of the relevant 
                        Council;</DELETED>
                        <DELETED>    ``(ii) meet criteria developed by 
                        the relevant Council, approved by the 
                        Secretary, and published in the Federal 
                        Register;</DELETED>
                        <DELETED>    ``(iii) consist of residents who 
                        conduct commercial or recreational fishing, 
                        processing, or fishery-dependent support 
                        businesses within the Council's management 
                        area; and</DELETED>
                        <DELETED>    ``(iv) develop and submit a 
                        community sustainability 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.</DELETED>
                <DELETED>    ``(B) Participation criteria.--In 
                developing participation criteria for eligible 
                communities and regional fishery associations under 
                this paragraph, a Council shall base the criteria on 
                traditional fishing or processing practices in, and 
                dependence on, the fishery, the cultural and social 
                framework relevant to the fishery, economic barriers to 
                access to fishery, and 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.</DELETED>
        <DELETED>    ``(3) Allocation.--In developing a limited access 
        privilege program to harvest fish a Council or the Secretary 
        shall--</DELETED>
                <DELETED>    ``(A) establish procedures to ensure fair 
                and equitable initial allocations, including 
                consideration of--</DELETED>
                        <DELETED>    ``(i) current and historical 
                        harvests;</DELETED>
                        <DELETED>    ``(ii) employment in the 
                        harvesting and processing sectors;</DELETED>
                        <DELETED>    ``(iii) investments in, and 
                        dependence upon, the fishery; and</DELETED>
                        <DELETED>    ``(iv) the current and historical 
                        participation of fishing communities;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) ensure that limited access privilege 
                holders do not acquire an excessive share of the total 
                limited access privileges in the program by--</DELETED>
                        <DELETED>    ``(i) establishing a maximum 
                        share, expressed as a percentage of the total 
                        limited access privileges, that a limited 
                        access privilege holder is permitted to own; 
                        and</DELETED>
                        <DELETED>    ``(ii) establishing any other 
                        limitations or measures necessary to prevent an 
                        inequitable concentration of limited access 
                        privileges;</DELETED>
                <DELETED>    ``(E) establish procedures to minimize 
                geographic or other consolidation in both the 
                harvesting and processing sectors of the fishery; 
                and</DELETED>
                <DELETED>    ``(F) authorize limited access privileges 
                to harvest fish to be held 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.</DELETED>
        <DELETED>    ``(4) Program initiation.--</DELETED>
                <DELETED>    ``(A) Certification requirement.--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 if the Secretary has certified an 
                appropriate petition.</DELETED>
                <DELETED>    ``(B) Initiation request.--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.</DELETED>
                <DELETED>    ``(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, the Secretary shall certify 
                the petition to the appropriate Council or 
                Councils.</DELETED>
                <DELETED>    ``(D) New england and gulf referendum.--
                </DELETED>
                        <DELETED>    ``(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 a fishing quota 
                        system, including a Secretarial plan, unless 
                        such a system, as ultimately developed, has 
                        been approved by more than 
                        </DELETED>\<DELETED>2/3</DELETED>\ <DELETED>of 
                        those voting in a referendum among eligible 
                        permit holders. If a fishing quota system fails 
                        to be approved by the requisite number of those 
                        voting, it may be revised and submitted for 
                        approval in a subsequent referendum.</DELETED>
                        <DELETED>    ``(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 fishing 
                        quota system. Within 1 year after the date of 
                        enactment of the Magnuson-Stevens Fishery 
                        Conservation and Management Reauthorization Act 
                        of 2005, 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.</DELETED>
                        <DELETED>    ``(iii) The provisions of section 
                        407(c) of this Act shall apply in lieu of this 
                        subparagraph for any fishing quota system for 
                        the Gulf of Mexico commercial red snapper 
                        fishery.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    ``(5) Program requirements.--Any such limited 
        access privilege program to harvest fish shall--</DELETED>
                <DELETED>    ``(A) specify the goals of the 
                program;</DELETED>
                <DELETED>    ``(B) include provisions for the regular 
                monitoring and review by the Council and the Secretary 
                of the operations of the program, including determined 
                progress in meeting the goals of the program and this 
                Act, and any necessary modification of the program, 
                with a formal and detailed review 5 years after the 
                establishment of the program and every 5 years 
                thereafter;</DELETED>
                <DELETED>    ``(C) include an effective system for 
                enforcement, monitoring, and management of the program, 
                including the use of observers;</DELETED>
                <DELETED>    ``(D) include an appeals process for 
                administrative review of determinations with respect to 
                the Secretary's decisions regarding administration of 
                the limited access privilege program;</DELETED>
                <DELETED>    ``(E) provide for the establishment by the 
                Secretary, in consultation with the Department of 
                Justice and the Federal Trade Commission, for a 
                mandatory information collection and review process to 
                provide any and all information necessary for 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 persons receiving limited access 
                privileges to harvest fish under the program; 
                and</DELETED>
                <DELETED>    ``(F) 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.</DELETED>
        <DELETED>    ``(6) Transferability.--In establishing a limited 
        access privilege program, a Council shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) establish criteria for the approval 
                and monitoring of transfers (including sales and 
                leases) of limited access privilege shares.</DELETED>
        <DELETED>    ``(7) Preparation and implementation of 
        secretarial plans.--This subsection also applies to a plan 
        prepared and implemented by the Secretary under section 304(g). 
        For the purpose of applying this subsection to such a plan--
        </DELETED>
                <DELETED>    ``(A) the term `Secretary' shall be 
                substituted for the term `Council'; and</DELETED>
                <DELETED>    ``(B) paragraphs (2)(A), (4)(A), and 
                (4)(C) shall not apply.</DELETED>
        <DELETED>    ``(8) No waiver.--Nothing in this Act shall 
        constitute a waiver, either express or implied, of the 
        antitrust laws of the United States.</DELETED>
<DELETED>    ``(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 distribution of allocations in a limited 
access privilege program if--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Cost Recovery.--In establishing a limited access 
privilege program, a Council shall--</DELETED>
        <DELETED>    ``(1) develop a methodology and the means to 
        identify and assess the management, science, data collection, 
        observer coverage, and enforcement programs that are directly 
        related to and in support of the program; and</DELETED>
        <DELETED>    ``(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, science, data collection 
        and analysis, observer coverage, and enforcement 
        activities.</DELETED>
<DELETED>    ``(f) Limited Access Privilege Assisted Purchase 
Program.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the purchase of limited access 
                privileges in that fishery by fishermen who fish from 
                small vessels; and</DELETED>
                <DELETED>    ``(B) the first-time purchase of limited 
                access privileges in that fishery by entry level 
                fishermen.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Effect on Certain Existing Shares and Programs.--
Nothing in this Act, or the amendments by this Act, shall be construed 
to require a reallocation of individual quota shares or processor quota 
shares or other quota programs, including sector allocation, submitted 
by a Council or approved by the Secretary or Congressional action 
before the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2005.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) 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).''.</DELETED>

<DELETED>SEC. 107. ENVIRONMENTAL REVIEW PROCESS.</DELETED>

<DELETED>    Section 304 (16 U.S.C. 1854) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(h) Environmental Review Process.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) conform to the time lines for review 
                and approval of fishery management plans and plan 
                amendments under this section; and</DELETED>
                <DELETED>    ``(B) integrate applicable environmental 
                analysis process, including the time frames for public 
                input, with the process 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.</DELETED>
        <DELETED>    ``(2) Usage.--The updated agency procedures 
        promulgated in accordance with this section used by the 
        Councils or the Secretary sill be the sole environmental impact 
        assessment process for fishery management plans, amendments, 
        regulations, or other actions taken or approved pursuant to 
        this Act.</DELETED>
        <DELETED>    ``(3) Schedule for promulgation of final 
        procedures.--The Secretary shall--</DELETED>
                <DELETED>    ``(A) propose revised procedures within 12 
                months after the date of enactment of the Magnuson-
                Stevens Fishery Conservation and Management 
                Reauthorization Act of 2005;</DELETED>
                <DELETED>    ``(B) provide 90 days for public review 
                and comments; and</DELETED>
                <DELETED>    ``(C) promulgate final procedures no later 
                than 18 months after the date of enactment of that 
                Act.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 108. EMERGENCY REGULATIONS.</DELETED>

<DELETED>    (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,''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.</DELETED>

<DELETED>    Section 305 (16 U.S.C. 1855) is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>    ``(j) Western Pacific Regional Marine Education and 
Training.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        pilot program for regionally-based marine education and 
        training programs in the Western Pacific to foster 
        understanding, practical use of knowledge (including native 
        Hawaiian and other Pacific Islander-based knowledge), and 
        technical expertise relevant to stewardship of living marine 
        resources. The Secretary shall, in cooperation with the Western 
        Pacific Regional Fishery Management Council, regional 
        educational institutions, and local Western Pacific community 
        training entities, establish programs or projects that will 
        improve communication, education, and training on marine 
        resource issues throughout the region and increase scientific 
        education for marine-related professions among coastal 
        community residents, including indigenous Pacific islanders, 
        Native Hawaiians and other underrepresented groups in the 
        region.</DELETED>
        <DELETED>    ``(2) Program components.--The program shall--
        </DELETED>
                <DELETED>    ``(A) include marine science and 
                technology education and training programs focused on 
                preparing community residents for employment in marine 
                related professions, including marine resource 
                conservation and management, marine science, marine 
                technology, and maritime operations;</DELETED>
                <DELETED>    ``(B) include fisheries and seafood-
                related training programs, including programs for 
                fishery observers, seafood safety and seafood 
                marketing, focused on increasing the involvement of 
                coastal community residents in fishing, fishery 
                management, and seafood-related operations;</DELETED>
                <DELETED>    ``(C) include outreach programs and 
                materials to educate and inform consumers about the 
                quality and sustainability of wild fish or fish 
                products farmed through responsible aquaculture, 
                particularly in Hawaii and the Western 
                Pacific;</DELETED>
                <DELETED>    ``(D) include programs to identify, with 
                the fishing industry, methods and technologies that 
                will improve the data collection, quality, and 
                reporting and increase the sustainability of fishing 
                practices, and to transfer such methods and 
                technologies among fisheries sectors and to other 
                nations in the Western and Central Pacific;</DELETED>
                <DELETED>    ``(E) develop means by which local and 
                traditional knowledge (including Pacific islander and 
                Native Hawaiian knowledge) can enhance science-based 
                management of fishery resources of the region; 
                and</DELETED>
                <DELETED>    ``(F) develop partnerships with other 
                Western Pacific Island agencies, academic institutions, 
                and other entities to meet the purposes of this 
                section.''.</DELETED>

<DELETED>SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA 
              PROGRAM.</DELETED>

<DELETED>    Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``To'' in subparagraph (B) and 
        inserting ``Except as provided in subparagraph (E), to''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) A community shall be eligible to 
                participate in the western Alaska community development 
                quota program under subparagraph (A) if the community 
                was--</DELETED>
                        <DELETED>    ``(i) listed in table 7 to part 
                        679 of title 50, Code of Federal Regulations, 
                        as in effect on January 1, 2004; or</DELETED>
                        <DELETED>    ``(ii) approved by the National 
                        Marine Fisheries Service on April 19, 
                        1999.''.</DELETED>

<DELETED>SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH 
              FISHING.</DELETED>

<DELETED>    Section 305 (16 U.S.C. 1855) is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>    ``(k) Multispecies Groundfish.--Within 60 days after the 
date of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2005, the Secretary of Commerce shall 
determine whether fishing in State waters without a New England 
multispecies groundfish fishery permit on regulated species within the 
multispecies complex is not consistent with the applicable Federal 
fishery management plan. If the Secretary makes a determination that 
such actions are not consistent with the plan, the Secretary shall, in 
consultation with the Council, and after notifying the affected State, 
develop and implement measures to cure the inconsistency.''.</DELETED>

<DELETED>SEC. 112. JOINT ENFORCEMENT AGREEMENTS.</DELETED>

<DELETED>    (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        subsection (b)(1)(A)(iv);</DELETED>
        <DELETED>    (2) by inserting ``and'' after the semicolon in 
        subsection (b)(1)(A)(v);</DELETED>
        <DELETED>    (3) by inserting after clause (v) of subsection 
        (b)(1)(A) the following:</DELETED>
                        <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (4) by redesignating subsection (h) as subsection 
        (j); and</DELETED>
        <DELETED>    (5) by inserting after subsection (g) the 
        following:</DELETED>
<DELETED>    ``(h) Joint Enforcement Agreements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Requirements.--Joint enforcement agreements 
        executed under paragraph (1)--</DELETED>
                <DELETED>    ``(A) shall be consistent with the 
                purposes and intent of this section to the extent 
                applicable to the regulated activities;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) shall provide for confidentiality of 
                data and information submitted to the State under 
                section 402.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Improved Data Sharing.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of this Act, as soon as practicable but no later than 
        21 months after the date of enactment of the Magnuson-Stevens 
        Fishery Conservation and Management Reauthorization Act of 
        2005, 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 or similar systems--
        </DELETED>
                <DELETED>    ``(A) directly accessible by State 
                enforcement officers authorized under subsection (a) of 
                this section; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Agreement required.--The Secretary shall 
        promptly enter into an agreement with a State under section 
        402(b)(1)(B) of this Act if--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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 United States Coast Guard shall transmit a 
joint report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Resources 
containing--</DELETED>
        <DELETED>    (1) a cost-to-benefit analysis of the feasibility, 
        value, and cost of using the Global Maritime Distress and 
        Safety Systems or similar systems for fishery management, 
        conservation, enforcement, and safety purposes with the Federal 
        government bearing the capital costs of any such 
        system;</DELETED>
        <DELETED>    (2) an examination of the cumulative impact of 
        existing requirements for commercial vessels;</DELETED>
        <DELETED>    (3) an examination of whether the Global Maritime 
        Distress and Safety Systems or similar requirements would 
        overlap existing requirements or render them 
        redundant;</DELETED>
        <DELETED>    (4) an examination of how data integration from 
        such systems could be addressed;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) an assessment of how the Global Maritime 
        Distress and Safety Systems or similar systems could be 
        developed, purchased, and distributed to regulated 
        vessels.</DELETED>

<DELETED>SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.</DELETED>

<DELETED>    (a) In General.--Section 312 (16 U.S.C. 1861a) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``measures;'' in subsection 
        (a)(1)(B) and inserting ``measures, including regulatory or 
        judicial harvest restrictions imposed to protect human health 
        or the marine environment;'';</DELETED>
        <DELETED>    (2) by striking ``1996, 1997, 1998, and 1999.'' in 
        subsection (a)(4) and inserting ``2006 through 
        2012.'';</DELETED>
        <DELETED>    (3) by striking ``or the Governor of a State for 
        fisheries under State authority, may conduct a fishing'' in 
        subsection (b)(1) and inserting ``the Governor of a State for 
        fisheries under State authority, or a majority of permit 
        holders in the fishery, may conduct a voluntary 
        fishing'';</DELETED>
        <DELETED>    (4) by inserting ``practicable'' after 
        ``entrants,'' in subsection (b)(1)(B)((i);</DELETED>
        <DELETED>    (5) by striking ``cost-effective and'' in 
        subsection (b)(1)C) and inserting ``cost-effective and, in the 
        instance of a program involving an industry fee system, 
        prospectively, and'';</DELETED>
        <DELETED>    (6) by striking subparagraph (A) of subsection 
        (b)(2) and inserting the following:</DELETED>
        <DELETED>    ``(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'';</DELETED>
        <DELETED>    (7) by striking ``The Secretary shall consult, as 
        appropriate, with Councils,'' in subsection (b)(4) and 
        inserting ``The harvester proponents of each program and the 
        Secretary shall consult, as appropriate and practicable, with 
        Councils,'';</DELETED>
        <DELETED>    (8) by striking ``Secretary, at the request of the 
        appropriate Council,'' in subsection (d)(1)(A) and inserting 
        ``Secretary'';</DELETED>
        <DELETED>    (9) by striking ``Secretary, in consultation with 
        the Council,'' in subsection (d)(1)(A) and inserting 
        ``Secretary'';</DELETED>
        <DELETED>    (10) by striking ``a two-thirds majority of the 
        participants voting.'' in subsection (d)(1)(B) and inserting 
        ``at least a majority of the permit holders in the fishery, or 
        50 percent of the permitted allocation of the 
        fishery.'';</DELETED>
        <DELETED>    (11) by striking ``establish;'' in subsection 
        (d)(2)((C) and inserting ``establish, unless the Secretary 
        determines that such fees should be collected from the 
        seller;'' and</DELETED>
        <DELETED>    (12) striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(e) Implementation Plan.--</DELETED>
        <DELETED>    ``(1) Framework regulations.--The Secretary shall 
        propose and adopt framework regulations applicable to the 
        implementation of all programs under this section.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the requirements of this 
                        section;</DELETED>
                        <DELETED>    ``(ii) the requirements of the 
                        framework regulations;</DELETED>
                        <DELETED>    ``(iii) the characteristics of the 
                        fishery;</DELETED>
                        <DELETED>    ``(iv) the requirements of the 
                        applicable fishery management plan and any 
                        amendment that such plan may require to support 
                        the proposed program;</DELETED>
                        <DELETED>    ``(v) the general needs and 
                        desires of harvesters in the fishery;</DELETED>
                        <DELETED>    ``(vi) the need to minimize 
                        program costs; and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
              AND RECOVERY PROGRAM.</DELETED>

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

<DELETED>``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
              AND RECOVERY PROGRAM.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Program Components.--</DELETED>
        <DELETED>    ``(1) In general.--The program shall provide funds 
        or other economic assistance to affected entities for--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(2) Job training.--Any fisherman who decides to 
        scrap a fishing vessel under the program shall be eligible for 
        job training assistance.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) No matching.--Amounts provided under the 
        program may not be conditioned upon matching State or local 
        government funds or contributions.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) results in economic losses to coastal or 
        fishing communities;</DELETED>
        <DELETED>    ``(2) affects more than 1 State or a major fishery 
        managed by a Council or interstate fishery commission; 
        and</DELETED>
        <DELETED>    ``(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)).''.</DELETED>

<DELETED>SEC. 115. BYCATCH REDUCTION ENGINEERING PROGRAM.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.</DELETED>

<DELETED>    ``(a) Bycatch Reduction Engineering Program.--Not later 
than 1 year after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2005, 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, bycatch 
mortality, and post-release mortality in Federally managed fisheries. 
The program shall--</DELETED>
        <DELETED>    ``(1) be regionally based;</DELETED>
        <DELETED>    ``(2) be coordinated with projects conducted under 
        the cooperative research and management program established 
        under this Act;</DELETED>
        <DELETED>    ``(3) provide information and outreach to fishery 
        participants that will encourage adoption and use of 
        technologies developed under the program; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Incentives.--Any fishery management plan prepared by 
a Council or by the Secretary may establish a system of incentives to 
reduce total bycatch amounts, bycatch rates, and post-release mortality 
in fisheries under the Council's or Secretary's jurisdiction, 
including--</DELETED>
        <DELETED>    ``(1) measures to incorporate bycatch into quotas, 
        including the establishment of collective or individual bycatch 
        quotas;</DELETED>
        <DELETED>    ``(2) measures to promote the use of gear with 
        verifiable and monitored low bycatch rates; and</DELETED>
        <DELETED>    ``(3) measures that, based on the best scientific 
        information available, will reduce bycatch, bycatch mortality, 
        post-release mortality, or regulatory discards in the 
        fishery.''.</DELETED>

         <DELETED>TITLE II--INFORMATION AND RESEARCH</DELETED>

<DELETED>SEC. 201. RECREATIONAL FISHERIES INFORMATION.</DELETED>

<DELETED>    Section 401 (16 U.S.C. 1881) is amended by striking 
subsection (g) and inserting the following:</DELETED>
<DELETED>    ``(g) Recreational Fisheries.--</DELETED>
        <DELETED>    ``(1) Federal program.--The Secretary shall 
        establish and implement a regionally based registry program for 
        recreational fishermen in each of the 8 fishery management 
        regions. The program, which shall not require a fee, shall 
        provide for--</DELETED>
                <DELETED>    ``(A) the registration (including 
                identification and contact information) of individuals 
                who engage in recreational fishing--</DELETED>
                        <DELETED>    ``(i) in the Exclusive Economic 
                        Zone;</DELETED>
                        <DELETED>    ``(ii) for anadromous species; 
                        or</DELETED>
                        <DELETED>    ``(iii) for Continental Shelf 
                        fishery resources beyond the Exclusive Economic 
                        Zone; and</DELETED>
                <DELETED>    ``(B) if appropriate, the registration 
                (including the ownership, operator, and identification 
                of the vessel) of vessels used in such 
                fishing.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Data collection.--Within 24 months after the 
        date of enactment of the Magnuson-Stevens Fishery conservation 
        and Management Reauthorization Act of 2005, 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 acceptible 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--</DELETED>
                <DELETED>    ``(A) an adequate number of dockside 
                interviews to accurately estimate recreational catch 
                and effort;</DELETED>
                <DELETED>    ``(B) use of surveys that target anglers 
                registered or licensed at the State or Federal level to 
                collect participation and effort data;</DELETED>
                <DELETED>    ``(C) collection and analysis of vessel 
                trip report data from charter fishing vessels; 
                and</DELETED>
                <DELETED>    ``(D) development of a weather corrective 
                factor that can be applied to recreational catch and 
                effort estimates.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 202. COLLECTION OF INFORMATION.</DELETED>

<DELETED>    Section 402(a) (16 U.S.C. 1881a(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(a) Council Requests.--'' in the 
        subsection heading and inserting ``(a) Collection Programs.--
        '';</DELETED>
        <DELETED>    (2) by resetting the text following ``(a) 
        Collection Programs.--'' as a new paragraph 2 ems from the left 
        margin;</DELETED>
        <DELETED>    (3) by inserting ``(1) Council requests.--'' 
        before ``If a Council'';</DELETED>
        <DELETED>    (4) by striking ``subsection'' in the last 
        sentence and inserting ``paragraph'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 203. ACCESS TO CERTAIN INFORMATION.</DELETED>

<DELETED>    (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (2) as paragraph 
        (3) and resetting it 2 ems from the left margin;</DELETED>
        <DELETED>    (2) by striking all preceding paragraph (3), as 
        redesignated, and inserting the following:</DELETED>
<DELETED>    ``(b) Confidentiality of Information.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to Federal employees and Council 
                employees who are responsible for fishery management 
                plan development, monitoring, or enforcement;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(F) when such information is required to 
                be submitted to the Secretary for any determination 
                under a limited access program; or</DELETED>
                <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) when such information is necessary 
                in proceedings to adjudicate observer certifications; 
                or</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) to validate the accuracy of 
                        the observer information collected.''; 
                        and</DELETED>
        <DELETED>    (3) by striking ``(1)(E).'' in paragraph (3), as 
        redesignated, and inserting ``(2)(A).''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
1881c(c)(4)) is amended by striking ``under section 401''.</DELETED>

<DELETED>SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT 
              PROGRAM.</DELETED>

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

<DELETED>``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT 
              PROGRAM.</DELETED>

<DELETED>    ``(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), 
fishing industry participants, and educational institutions.</DELETED>
<DELETED>    ``(b) Eligible Projects.--The Secretary shall make funds 
available under the program for the support of projects to address 
critical needs identified by the Secretary in consultation with the 
Councils. 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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Projects to collect data to improve, 
        supplement, or enhance stock assessments, including the use of 
        fishing vessels or acoustic or other marine 
        technology.</DELETED>
        <DELETED>    ``(2) Projects to assess the amount and type of 
        bycatch or post-release mortality occurring in a 
        fishery.</DELETED>
        <DELETED>    ``(3) Conservation engineering projects designed 
        to reduce bycatch, including avoidance of post-release 
        mortality, reduction of bycatch in high seas fisheries, and 
        transfer of such fishing technologies to other 
        nations.</DELETED>
        <DELETED>    ``(4) Projects for the identification of habitat 
        areas of particular concern and for habitat 
        conservation.</DELETED>
        <DELETED>    ``(5) Projects designed to collect and compile 
        economic and social data.</DELETED>
<DELETED>    ``(d) Experimental Permitting Process.--Not later than 180 
days after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2005, 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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 205. HERRING STUDY.</DELETED>

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

<DELETED>``SEC. 318. HERRING STUDY.</DELETED>

<DELETED>    ``(a) In General.--The Secretary may conduct a cooperative 
research program to study the issues of abundance, distribution and the 
role of herring as forage fish for other commercially important fish 
stocks in the Northwest Atlantic, and the potential for local scale 
depletion from herring harvesting and how it relates to other fisheries 
in the Northwest Atlantic. In planning, designing, and implementing 
this program, the Secretary shall engage multiple fisheries sectors and 
stakeholder groups concerned with herring management.</DELETED>
<DELETED>    ``(b) Report.--The Secretary shall present the final 
results of this study to Congress within 3 months following the 
completion of the study, and an interim report at the end of fiscal 
year 2008.</DELETED>
<DELETED>    ``(c) Authorization of Appropriations.--There are 
authorized to be appropriated $2,000,000 for fiscal year 2007 through 
fiscal year 2009 to conduct this study.''.</DELETED>

<DELETED>SEC. 206. RESTORATION STUDY.</DELETED>

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

<DELETED>``SEC. 319. RESTORATION STUDY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There are 
authorized to be appropriated $500,000 for fiscal year 2007 to conduct 
this study.''.</DELETED>

<DELETED>SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION 
              PROJECTS.</DELETED>

<DELETED>    Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 
1855 note) is amended--</DELETED>
        <DELETED>    (1) by striking ``and the Secretary of the 
        Interior are'' in paragraph (1) and inserting ``is'';</DELETED>
        <DELETED>    (2) by striking ``not less than three and not more 
        than five'' in paragraph (1); and</DELETED>
        <DELETED>    (3) by striking paragraph (6) and inserting the 
        following:</DELETED>
        <DELETED>    ``(6) In this subsection the term `Western Pacific 
        community' means a community eligible to participate under 
        section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855(i)(2)(B)(i) through (iv)).''.</DELETED>

<DELETED>SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT 
              FUND.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) efforts to improve fishery harvest data 
        collection including--</DELETED>
                <DELETED>    (A) expanding the use of electronic catch 
                reporting programs and technology; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) cooperative fishery research and analysis, in 
        collaboration with fishery participants, academic institutions, 
        community residents, and other interested parties;</DELETED>
        <DELETED>    (3) development of methods or new technologies to 
        improve the quality, health safety, and value of fish 
        landed;</DELETED>
        <DELETED>    (4) conducting analysis of fish and seafood for 
        health benefits and risks, including levels of contaminants 
        and, where feasible, the source of such contaminants;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Deposits to the Fund.--</DELETED>
        <DELETED>    (1) Compliance assistance.--Paragraph (1) of 
        section 311(e) (16 U.S.C. 1861(e)) is amended--</DELETED>
                <DELETED>    (A) by striking ``and'' after the 
                semicolon in subparagraph (E);</DELETED>
                <DELETED>    (B) by striking ``law.'' in subparagraph 
                (F); and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(G) amounts to the Fishery Conservation 
                and Management fund established by section 208 of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Reauthorization Act of 2005 necessary to assist in 
                improving monitoring, enforcement, and compliance 
                activities under this Act.''.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) 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 (2) of this subsection, 
        the Fishery Conservation and Management Fund may also receive 
        funds from--</DELETED>
                <DELETED>    (A) appropriations for the purposes of 
                this section; and</DELETED>
                <DELETED>    (B) States or other public sources or 
                private or non-profit organizations for purposes of 
                this section.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL 
              CONSTRUCTION FUND FOR SUSTAINABLE PURPOSES.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``financing or refinancing including,</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) activities that assist in the 
                transition to reduced fishing capacity;</DELETED>
                <DELETED>    ``(C) technologies or upgrades designed to 
                improve collection and reporting of fishery-dependent 
                data, to reduce bycatch, to improve selectivity or 
                reduce adverse impacts of fishing gear, or to improve 
                safety; or</DELETED>
                <DELETED>    ``(D) developing a sustainable fisheries 
                labeling and marketing plan for a fishery, as defined 
                in section 607(k)(10) of this Act, determined by the 
                Secretary to be in compliance with the requirements of 
                this Act and any other marine resource law implemented 
                by the Secretary.''.</DELETED>
<DELETED>    (b) by striking ``fisheries of the United States'' in the 
second sentence of subsection (a) and inserting ``fisheries of the 
United States, or for the purpose of developing a sustainable fisheries 
labeling and marketing plan for a fishery determined by the Secretary 
to be in compliance with the requirements of this Act and any other 
living marine resource law implemented by the Secretary, or with 
respect to seafood imports, to have been taken and retained in a manner 
consistent with international regulations governing the taking of such 
stock of fish and is accompanied by a certificate of origin under 
section 219 of the Fish and Seafood Promotion Act of 1986,'';</DELETED>
<DELETED>    (c) 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--</DELETED>
        <DELETED>    (1) by striking ``for:'' and inserting ``for--
        '';</DELETED>
        <DELETED>    (2) by striking ``vessel,'' in subparagraph (A) 
        and inserting ``vessel;'';</DELETED>
        <DELETED>    (3) by striking ``vessel, or'' in subparagraph (B) 
        and inserting ``vessel;'';</DELETED>
        <DELETED>    (4) by striking ``vessel.'' in subparagraph (C) 
        and inserting ``vessel;''; and</DELETED>
        <DELETED>    (5) by inserting after subparagraph (C) the 
        following:</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(i) if such person remains in 
                        the fishery, the satisfaction of any debt 
                        obligation undertaken pursuant to such program; 
                        and</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) the repair, maintenance, or upgrade 
                of an eligible vessel or its equipment for the purpose 
                of--</DELETED>
                        <DELETED>    ``(i) making conservation 
                        engineering changes to reduce bycatch, improve 
                        selectivity of fishing gear, or reduce adverse 
                        impacts of fishing gear;</DELETED>
                        <DELETED>    ``(ii) improving vessel safety; 
                        or</DELETED>
                        <DELETED>    ``(iii) acquiring, installing, or 
                        upgrading equipment to improve collection, 
                        reporting, or accuracy of fishery data; 
                        or</DELETED>
                <DELETED>    ``(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.''.</DELETED>

         <DELETED>TITLE III--OTHER FISHERIES STATUTES</DELETED>

<DELETED>SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT 
              ACT.</DELETED>

<DELETED>    (a) Civil Penalties.--Section 8(a) of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773f(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``$25,000'' and inserting 
        ``$200,000'';</DELETED>
        <DELETED>    (2) by striking ``violation, the degree of 
        culpability, and history of prior offenses, ability to pay,'' 
        in the fifth sentence and inserting ``violator, the degree of 
        culpability, any history of prior offenses,''; and</DELETED>
        <DELETED>    (3) by adding at the end the following: ``In 
        assessing such penalty, the Secretary may also consider any 
        information provided by the violator relating to the ability of 
        the violator to pay if the information is provided to the 
        Secretary at least 30 days prior to an administrative 
        hearing.''.</DELETED>
<DELETED>    (b) Permit Sanctions.--Section 8 of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773f) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(e) Revocation or Suspension of Permit.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may take any 
        action described in paragraph (2) in any case in which--
        </DELETED>
                <DELETED>    ``(A) a vessel has been used in the 
                commission of any act prohibited under section 
                7;</DELETED>
                <DELETED>    ``(B) the owner or operator of a vessel or 
                any other person who has been issued or has applied for 
                a permit under this Act has acted in violation of 
                section 7; or</DELETED>
                <DELETED>    ``(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other property, or 
                any civil penalty or criminal fine imposed on a vessel 
                or owner or operator of a vessel or any other person 
                who has been issued or has applied for a permit under 
                any marine resource law enforced by the Secretary has 
                not been paid and is overdue.</DELETED>
        <DELETED>    ``(2) Permit-related actions.--Under the 
        circumstances described in paragraph (1) the Secretary may--
        </DELETED>
                <DELETED>    ``(A) revoke any permit issued with 
                respect to such vessel or person, with or without 
                prejudice to the issuance of subsequent 
                permits;</DELETED>
                <DELETED>    ``(B) suspend such permit for a period of 
                time considered by the Secretary to be 
                appropriate;</DELETED>
                <DELETED>    ``(C) deny such permit; or</DELETED>
                <DELETED>    ``(D) impose additional conditions and 
                restrictions on any permit issued to or applied for by 
                such vessel or person under this Act and, with respect 
                to any foreign fishing vessel, on the approved 
                application of the foreign nation involved and on any 
                permit issued under that application.</DELETED>
        <DELETED>    ``(3) Factors to be considered.--In imposing a 
        sanction under this subsection, the Secretary shall take into 
        account--</DELETED>
                <DELETED>    ``(A) the nature, circumstances, extent, 
                and gravity of the prohibited acts for which the 
                sanction is imposed; and</DELETED>
                <DELETED>    ``(B) with respect to the violator, the 
                degree of culpability, any history of prior offenses, 
                and such other matters as justice may 
                require.</DELETED>
        <DELETED>    ``(4) Transfers of ownership.--Transfer of 
        ownership of a vessel, a permit, or any interest in a permit, 
        by sale or otherwise, shall not extinguish any permit sanction 
        that is in effect or is pending at the time of transfer of 
        ownership. Before executing the transfer of ownership of a 
        vessel, permit, or interest in a permit, by sale or otherwise, 
        the owner shall disclose in writing to the prospective 
        transferee the existence of any permit sanction that will be in 
        effect or pending with respect to the vessel, permit, or 
        interest at the time of the transfer.</DELETED>
        <DELETED>    ``(5) Reinstatement.--In the case of any permit 
        that is suspended under this subsection for nonpayment of a 
        civil penalty, criminal fine, or any amount in settlement of a 
        civil forfeiture, the Secretary shall reinstate the permit upon 
        payment of the penalty, fine, or settlement amount and interest 
        thereon at the prevailing rate.</DELETED>
        <DELETED>    ``(6) Hearing.--No sanction shall be imposed under 
        this subsection unless there has been prior opportunity for a 
        hearing on the facts underlying the violation for which the 
        sanction is imposed either in conjunction with a civil penalty 
        proceeding under this section or otherwise.</DELETED>
        <DELETED>    ``(7) Permit defined.--In this subsection, the 
        term `permit' means any license, certificate, approval, 
        registration, charter, membership, exemption, or other form of 
        permission issued by the Commission or the Secretary, and 
        includes any quota share or other transferable quota issued by 
        the Secretary.''.</DELETED>
<DELETED>    (c) Criminal Penalties.--Section 9(b) of the Northern 
Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``$50,000'' and inserting 
        ``$200,000''; and</DELETED>
        <DELETED>    (2) by striking ``$100,000,'' and inserting 
        ``$400,000,''.</DELETED>

<DELETED>SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(a) Authorization.--For each of fiscal years 2006, 2007, 
2008, 2009, and 2010, there are authorized to be appropriated to carry 
out this Act--</DELETED>
        <DELETED>    ``(1) $1,000,000 to the Secretary of Commerce; 
        and</DELETED>
        <DELETED>    ``(2) $250,000 to the Secretary of the 
        Interior.''.</DELETED>
<DELETED>    (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 2006 through 
2010,''.</DELETED>
<DELETED>    (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 2006 through 2010''.</DELETED>
<DELETED>    (d) Pacific Salmon Treaty Act.--</DELETED>
        <DELETED>    (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)--</DELETED>
                <DELETED>    (A) is transferred to the Pacific Salmon 
                Treaty Act (16 U.S.C. 3631 et seq.) and inserted after 
                section 15; and</DELETED>
                <DELETED>    (B) amended--</DELETED>
                        <DELETED>    (i) by striking ``Sec. 623.''; 
                        and</DELETED>
                        <DELETED>    (ii) inserting before ``(a) 
                        Northern Fund and Southern Fund.--'' the 
                        following:</DELETED>

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

        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Reauthorization.--Section 16(d)(2)(A) of the 
        Pacific Salmon Treaty Act, as transferred by subsection (a), is 
        amended--</DELETED>
                <DELETED>    (A) by inserting ``sustainable salmon 
                fisheries,'' after ``enhancement,''; and</DELETED>
                <DELETED>    (B) by inserting ``2006, 2007, 2008, 2009, 
                and 2010,'' after ``2005,''.</DELETED>
<DELETED>    (e) Atlantic Coastal Fisheries Cooperative Management 
Act.--Section 811(a) of the Atlantic Coastal Fisheries Cooperative 
Management Act (16 U.S.C. 5108(a)) is amended by striking ``2005.'' and 
inserting ``2005 and $15,000,000 for each of fiscal years 2006 through 
2010.''.</DELETED>
<DELETED>    (f) State Authority for Dungeness Crab Fishery 
Management.--Section 203 of Public Law 105-384 (16 U.S.C. 1856 note) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``September 30, 2006.'' in 
        subsection (i) and inserting ``September 30, 2011.'';</DELETED>
        <DELETED>    (2) by striking ``health'' in subsection (j) and 
        inserting ``status''; and</DELETED>
        <DELETED>    (3) by striking ``California.'' in subsection (j) 
        and inserting ``California, including--</DELETED>
        <DELETED>    ``(1) stock status and trends throughout its 
        range;</DELETED>
        <DELETED>    ``(2) a description of applicable research and 
        scientific review processes used to determine stock status and 
        trends; and</DELETED>
        <DELETED>    ``(3) measures implemented or planned that are 
        designed to prevent or end overfishing in the 
        fishery.''.</DELETED>

               <DELETED>TITLE IV--INTERNATIONAL</DELETED>

<DELETED>SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.</DELETED>

<DELETED>    Title II (16 U.S.C. 1821 et seq.) is amended by adding at 
the end the following:</DELETED>

<DELETED>``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.</DELETED>

<DELETED>    ``(a) In General.--The Secretary may undertake activities 
to promote improved monitoring and compliance for high seas fisheries, 
or fisheries governed by international fishery management agreements, 
and to implement the requirements of this title.</DELETED>
<DELETED>    ``(b) Specific Authorities.--In carrying out subsection 
(a), the Secretary may--</DELETED>
        <DELETED>    ``(1) share information on harvesting and 
        processing capacity and illegal, unreported and unregulated 
        fishing on the high seas, in areas covered by international 
        fishery management agreements, and by vessels of other nations 
        within the United States exclusive economic zone, with relevant 
        law enforcement organizations of foreign nations and relevant 
        international organizations;</DELETED>
        <DELETED>    ``(2) further develop real time information 
        sharing capabilities, particularly on harvesting and processing 
        capacity and illegal, unreported and unregulated 
        fishing;</DELETED>
        <DELETED>    ``(3) participate in global and regional efforts 
        to build an international network for monitoring, control, and 
        surveillance of high seas fishing and fishing under regional or 
        global agreements;</DELETED>
        <DELETED>    ``(4) support efforts to create an international 
        registry or database of fishing vessels, including by building 
        on or enhancing registries developed by international fishery 
        management organizations;</DELETED>
        <DELETED>    ``(5) enhance enforcement capabilities through the 
        application of commercial or governmental remote sensing 
        technology to locate or identify vessels engaged in illegal, 
        unreported, or unregulated fishing on the high seas, including 
        encroachments into the exclusive economic zone by fishing 
        vessels of other nations;</DELETED>
        <DELETED>    ``(6) provide technical or other assistance to 
        developing countries to improve their monitoring, control, and 
        surveillance capabilities; and</DELETED>
        <DELETED>    ``(7) support coordinated international efforts to 
        ensure that all large-scale fishing vessels operating on the 
        high seas are required by their flag State to be fitted with 
        vessel monitoring systems no later than December 31, 2008, or 
        earlier if so decided by the relevant flag State or any 
        relevant international fishery management 
        organization.''.</DELETED>

<DELETED>SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND 
              UNREGULATED FISHING.</DELETED>

<DELETED>    Section 2(a) (16 U.S.C. 1802(a)) is amended by adding at 
the end the following:</DELETED>
        <DELETED>    ``(11) 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.''.</DELETED>

<DELETED>SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED 
              FISHING AND REDUCE BYCATCH OF PROTECTED MARINE 
              SPECIES.</DELETED>

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

<DELETED>``SEC. 607 BIENNIAL REPORT ON INTERNATIONAL 
              COMPLIANCE.</DELETED>

<DELETED>    ``The Secretary, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 2 years after the 
date of enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2005, and every 2 years thereafter, a 
report that includes--</DELETED>
        <DELETED>    ``(1) the state of knowledge on the status of 
        international living marine resources, including a list of all 
        fish stocks classified as overfished, overexploited, depleted, 
        endangered, or threatened with extinction by any international 
        or other authority charged with management or conservation of 
        living marine resources;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY 
              MANAGEMENT ORGANIZATIONS.</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``(1) urging international fishery management 
        organizations to which the United States is a member--
        </DELETED>
                <DELETED>    ``(A) to incorporate multilateral 
                sanctions against member governments whose vessels 
                engage in illegal, unreported, or unregulated 
                fishing;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) to seek adoption of greater port 
                state controls in all nations, particularly those 
                nations whose vessels engage in illegal, unreported, or 
                unregulated fishing;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 609 ILLEGAL, UNREPORTED, OR UNREGULATED 
              FISHING.</DELETED>

<DELETED>    ``(a) Identification.--The Secretary shall identify, and 
list in the report under section 607, a nation if--</DELETED>
        <DELETED>    ``(1) fishing vessels of that nation are engaged, 
        or have been engaged during the preceding calendar year in 
        illegal, unreported, or unregulated fishing; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) notify nations listed in the report of the 
        requirements of this section;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) notify any relevant international fishery 
        management organization of the actions taken by the United 
        States under this section.</DELETED>
<DELETED>    ``(d) IUU Certification Procedure.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the vessel is not identified by an 
                international fishery management organization as 
                participating in illegal, unreported, or unregulated 
                fishing activities.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Illegal, Unreported, or Unregulated Fishing 
Defined.--</DELETED>
        <DELETED>    ``(1) In general.--In this Act the term `illegal, 
        unreported, or unregulated fishing' has the meaning established 
        under paragraph (2).</DELETED>
        <DELETED>    ``(2) Secretary to define term within legislative 
        guidelines.--Within 3 months after the date of enactment of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2005, the Secretary shall publish a 
        definition of the term `illegal, unreported, or unregulated 
        fishing' for purposes of this Act.</DELETED>
        <DELETED>    ``(3) Guidelines.--The Secretary shall include in 
        the definition, at a minimum--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) overfishing of fish stocks for which 
                there are no applicable conservation or management 
                measures or in areas with no applicable international 
                fishery management organization or agreement; 
                and</DELETED>
                <DELETED>    ``(C) destructive fishing practices, 
                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.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary for fiscal years 2006 
through 2012 such sums as are necessary to carry out this 
section.</DELETED>

<DELETED>``SEC. 610. EQUIVALENT CONSERVATION MEASURES.</DELETED>

<DELETED>    ``(a) Identification.--The Secretary shall identify, and 
list in the report under section 607, a nation if--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Consultation and Negotiation.--The Secretary, acting 
through the Secretary of State, shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Conservation Certification Procedure.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) International Cooperation and Assistance.--To the 
greatest extent possible consistent with existing authority and the 
availability of funds, the Secretary shall--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(2) undertake, where appropriate, cooperative 
        research activities on species statistics and improved 
        harvesting techniques, with those nations or 
        organizations;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) provide assistance to those nations or 
        organizations in designing and implementing appropriate fish 
        harvesting plans.</DELETED>
<DELETED>    ``(e) Protected Living Marine Resource Defined.--In this 
section the term `protected living marine resource'--</DELETED>
        <DELETED>    ``(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, the Endangered Species Act, the Shark Finning Prohibition 
        Act, and the Convention on International Trade in Endangered 
        Species of Wild Flora and Fauna; but</DELETED>
        <DELETED>    ``(2) does not include species, except sharks, 
        managed under the Magnuson-Stevens Fishery Conservation and 
        Management Act, the Atlantic Tunas Convention Act, or any 
        international fishery management agreement.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary for fiscal years 2006 
through 2012 such sums as are necessary to carry out this 
section.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 404. MONITORING OF PACIFIC INSULAR AREA 
              FISHERIES.</DELETED>

<DELETED>    (a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C. 
1821(h)(2)(B)) is amended by striking ``that is at least equal in 
effectiveness to the program established by the Secretary;'' and 
inserting ``or other monitoring program that the Secretary, in 
consultation with the Western Pacific Management Council, determines is 
adequate to monitor harvest, bycatch, and compliance with the laws of 
the United States by vessels fishing under the agreement;''.</DELETED>
<DELETED>    (b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) 
(16 U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:</DELETED>
        <DELETED>    ``(i) Pacific Insular Area observer programs, or 
        other monitoring programs, that the Secretary determines are 
        adequate to monitor the harvest, bycatch, and compliance with 
        the laws of the United States by foreign fishing vessels that 
        fish under Pacific Insular Area fishing 
        agreements;''.</DELETED>

<DELETED>SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION 
              ACT.</DELETED>

<DELETED>    (a) In General.--Section 10 of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971h) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There are authorized to be appropriated 
to the Secretary to carry out this Act, including use for payment of 
the United States share of the joint expenses of the Commission as 
provided in Article X of the Convention--</DELETED>
        <DELETED>    ``(1) $5,495,000 for fiscal year 2006;</DELETED>
        <DELETED>    ``(2) $5,770,000 for each of fiscal years 2007 and 
        2008;</DELETED>
        <DELETED>    ``(3) $6,058,000 for each of fiscal years 2009 and 
        2010; and</DELETED>
        <DELETED>    ``(4) $6,631,000 for each of fiscal years 2011 and 
        2012.</DELETED>
<DELETED>    ``(b) Allocation.--Of the amounts made available under 
subsection (a) for each fiscal year--</DELETED>
        <DELETED>    ``(1) $160,000 are authorized for the advisory 
        committee established under section 4 of this Act and the 
        species working groups established under section 4A of this 
        Act; and</DELETED>
        <DELETED>    ``(2) $7,500,000 are authorized for research 
        activities under this Act and section 3 of Public Law 94-339 
        (16 U.S.C. 971i), of which $3,000,000 shall be for the 
        cooperative research program under section 3(b)(2)(H) of that 
        section (16 U.S.C. 971i(b)(2)(H).''.</DELETED>
<DELETED>    (b) Atlantic Billfish Cooperative Research Program.--
Section 3(b)(2) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971i(b)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' after the semicolon in 
        subparagraph (G);</DELETED>
        <DELETED>    (2) by redesignating subparagraph (H) as 
        subparagraph (I); and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (G) the 
        following:</DELETED>
                <DELETED>    ``(H) include a cooperative research 
                program on Atlantic billfish based on the Southeast 
                Fisheries Science Center Atlantic Billfish Research 
                Plan of 2002; and''.</DELETED>

<DELETED>SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC 
              EQUITY.</DELETED>

<DELETED>    (a) Rebuilding Overfished Fisheries.--Section 304(e) (16 
U.S.C. 1854(e)) is amended by adding at the end thereof the 
following:</DELETED>
        <DELETED>    ``(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 overfished or 
        approaching a condition of being overfished due to excessive 
        international fishing pressure, and for which there are no 
        management measures to end overfishing under an international 
        agreement to which the United States is a party. For such 
        fisheries--</DELETED>
                <DELETED>    ``(A) the Secretary, in cooperation with 
                the Secretary of State, immediately take appropriate 
                action at the international level to end the 
                overfishing; and</DELETED>
                <DELETED>    ``(B) within 1 year after the Secretary's 
                determination, the appropriate Council, or Secretary, 
                for fisheries under section 302(a)(3) shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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,''.</DELETED>

    <DELETED>TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC 
                     FISHERIES CONVENTION</DELETED>

<DELETED>SEC. 501. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Western and Central 
Pacific Fisheries Convention Implementation Act''.</DELETED>

<DELETED>SEC. 502. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) 1982 convention.--The term ``1982 Convention'' 
        means the United Nations Convention on the Law of the Sea of 10 
        December 1982.</DELETED>
        <DELETED>    (2) Agreement.--The term ``Agreement'' means the 
        Agreement for the Implementation of the Provisions of the 
        United Nations Convention on the Law of the Sea of 10 December 
        1982 relating to the Conservation and Management of Straddling 
        Fish Stocks and Highly Migratory Fish Stocks.</DELETED>
        <DELETED>    (3) Commission.--The term ``Commission'' means the 
        Commission for the Conservation and Management of Highly 
        Migratory Fish Stocks in the Western and Central Pacific Ocean 
        established in accordance with this Convention.</DELETED>
        <DELETED>    (4) Convention area.--The term ``convention area'' 
        means all waters of the Pacific Ocean bounded to the south and 
        to the east by the following line:</DELETED>
        <DELETED>From the south coast of Australia due south along the 
        141th meridian of east longitude to its intersection with the 
        55th parallel of south latitude; thence due east along the 55th 
        parallel of south latitude to its intersection with the 150th 
        meridian of east longitude; thence due south along the 150th 
        meridian of east longitude to its intersection with the 60th 
        parallel of south latitude; thence due east along the 60th 
        parallel of south latitude to its intersection with the 130th 
        meridian of west longitude; thence due north along the 130th 
        meridian of west longitude to its intersection with the 4th 
        parallel of south latitude; thence due west along the 4th 
        parallel of south latitude to its intersection with the 150th 
        meridian of west longitude; thence due north along the 150th 
        meridian of west longitude.</DELETED>
        <DELETED>    (5) Exclusive economic zone.--The term ``exclusive 
        economic zone'' means the zone established by Presidential 
        Proclamation Numbered 5030 of March 10, 1983.</DELETED>
        <DELETED>    (6) Fishing.--The term ``fishing'' means--
        </DELETED>
                <DELETED>    (A) searching for, catching, taking, or 
                harvesting fish;</DELETED>
                <DELETED>    (B) attempting to search for, catch, take, 
                or harvest fish;</DELETED>
                <DELETED>    (C) engaging in any other activity which 
                can reasonably be expected to result in the locating, 
                catching, taking, or harvesting of fish for any 
                purpose;</DELETED>
                <DELETED>    (D) placing, searching for, or recovering 
                fish aggregating devices or associated electronic 
                equipment such as radio beacons;</DELETED>
                <DELETED>    (E) any operations at sea directly in 
                support of, or in preparation for, any activity 
                described in subparagraphs (A) through (D), including 
                transshipment; and</DELETED>
                <DELETED>    (F) use of any other vessel, vehicle, 
                aircraft, or hovercraft, for any activity described in 
                subparagraphs (A) through (E) except for emergencies 
                involving the health and safety of the crew or the 
                safety of a vessel.</DELETED>
        <DELETED>    (7) Fishing vessel.--The term ``fishing vessel'' 
        means any vessel used or intended for use for the purpose of 
        fishing, including support ships, carrier vessels, and any 
        other vessel directly involved in such fishing 
        operations.</DELETED>
        <DELETED>    (8) Highly migratory fish stocks.--The term 
        ``highly migratory fish stocks'' means all fish stocks of the 
        species listed in Annex 1 of the 1982 Convention occurring in 
        the Convention Area, and such other species of fish as the 
        Commission may determine.</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (10) State.--The term ``State'' means each of the 
        several States of the United States, the District of Columbia, 
        the Commonwealth of the Northern Mariana Islands, American 
        Samoa, Guam, and any other commonwealth, territory, or 
        possession of the United States.</DELETED>
        <DELETED>    (11) Transhipment.--The term ``transshipment'' 
        means the unloading of all or any of the fish on board a 
        fishing vessel to another fishing vessel either at sea or in 
        port.</DELETED>
        <DELETED>    (12) WCPCF convention; western and central pacific 
        convention.--The terms ``WCPCF Convention'' and ``Western and 
        Central Pacific Convention'' means the Convention on the 
        Conservation and Management of the Highly Migratory Fish Stocks 
        in the Western and Central Pacific Ocean, with Annexes, which 
        was adopted at Honolulu, Hawaii, on September 5, 2000, by the 
        Multilateral High Level Conference on the Highly Migratory Fish 
        Stocks in the Western and Central Pacific Ocean.</DELETED>

<DELETED>SEC. 503. APPOINTMENT OF UNITED STATES 
              COMMISSIONERS.</DELETED>

<DELETED>    (a) In General.--The President shall appoint at least 5 
individuals as United States Commissioners to represent the United 
States as members of the United States Section of the Commission. In 
making the appointments, the President shall select Commissioners from 
among individuals, including officials of the United States government 
(one of whom shall be an officer or employee of the Department of 
Commerce), and the chairman of the Western Pacific Fishery Management 
Council or the chairman's designee, who are knowledgeable or 
experienced concerning highly migratory fish stocks in the Western and 
Central Pacific Ocean. The Secretary of State, or the Secretary of 
State's designee, shall also serve as a member of the United States 
Section. The Commissioners shall be entitled to select a Chairman and 
to adopt such rules of procedures as they find necessary.</DELETED>
<DELETED>    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise at any meeting of the Commission, Council, 
any Panel, or the advisory committee established pursuant to subsection 
(d), all powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection (a) of 
this section for whatever reason. The number of such Alternate United 
States Commissioners that may be designated for any such meeting shall 
be limited to the number of United States Commissioners appointed 
pursuant to subsection (a) of this section who will not be present at 
such meeting.</DELETED>
<DELETED>    (c) Administrative Matters.--</DELETED>
        <DELETED>    (1) Employment status.--Individuals serving as 
        such Commissioners shall not be considered to be Federal 
        employees while performing such service, except for purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5 and chapter 171 of title 28, United 
        States Code.</DELETED>
        <DELETED>    (2) Compensation.--The United States Commissioners 
        or Alternate Commissioners, although officers of the United 
        States while so serving, shall receive no compensation for 
        their services as such Commissioners or Alternate 
        Commissioners.</DELETED>
        <DELETED>    (3) Travel expenses.--</DELETED>
                <DELETED>    (A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners, Alternate United States Commissioners, 
                and authorized advisers in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States 
                Code.</DELETED>
                <DELETED>    (B) The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this subsection.</DELETED>
<DELETED>    (d) Advisory Committees.--</DELETED>
        <DELETED>    (1) Establishment of permanent advisory 
        committee.--</DELETED>
                <DELETED>    (A) Membership.--There is established an 
                advisory committee which shall be composed of--
                </DELETED>
                        <DELETED>    (i) not less than 10 nor more than 
                        15 individuals appointed by the United States 
                        Commissioners who shall select such individuals 
                        from the various groups concerned with the 
                        fisheries covered by the WCPFC Convention, 
                        providing, to the maximum extent practicable, 
                        an equitable balance among such 
                        groups;</DELETED>
                        <DELETED>    (ii) the chair of the Western 
                        Pacific Fishery Management Council's Advisory 
                        Committee or the chair's designee; 
                        and</DELETED>
                        <DELETED>    (iii) officials of the fisheries 
                        management authorities of American Samoa, Guam, 
                        and the Northern Mariana Islands (or their 
                        designees).</DELETED>
                <DELETED>    (B) Terms and privileges.--Each member of 
                the advisory committee appointed under subparagraph (A) 
                shall serve for a term of 2 years and shall be eligible 
                for reappointment. Members of the advisory committee 
                may attend all public meetings of the Commission, 
                Council, or any Panel and any other meetings to which 
                they are invited by the Commission, Council, or any 
                Panel. The advisory committee shall be invited to 
                attend all non-executive meetings of the United States 
                Commissioners and at such meetings shall be given 
                opportunity to examine and to be heard on all proposed 
                programs of investigation, reports, recommendations, 
                and regulations of the Commission.</DELETED>
                <DELETED>    (C) Procedures.--The advisory committee 
                established by subparagraph (A) shall determine its 
                organization, and prescribe its practices and 
                procedures for carrying out its functions under this 
                chapter, the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and the WCPFC 
                Convention. The advisory committee shall publish and 
                make available to the public a statement of its 
                organization, practices, and procedures. A majority of 
                the members of the advisory committee shall constitute 
                a quorum, but one or more such members designated by 
                the advisory committee may hold meetings to provide for 
                public participation and to discuss measures relating 
                to the United States implementation of Commission 
                recommendations. Meetings of the advisory committee, 
                except when in executive session, shall be open to the 
                public, and prior notice of meetings shall be made 
                public in a timely fashion. and the advisory committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).</DELETED>
                <DELETED>    (D) Provision of information.--The 
                Secretary and the Secretary of State shall furnish the 
                advisory committee with relevant information concerning 
                fisheries and international fishery 
                agreements.</DELETED>
        <DELETED>    (2) Administrative matters.--</DELETED>
                <DELETED>    (A) Support services.--The Secretary shall 
                provide to advisory committees in a timely manner such 
                administrative and technical support services as are 
                necessary for their effective functioning.</DELETED>
                <DELETED>    (B) Compensation; status; expenses.--
                Individuals appointed to serve as a member of an 
                advisory committee--</DELETED>
                        <DELETED>    (i) shall serve without pay, but 
                        while away from their homes or regular places 
                        of business in the performance of services for 
                        the advisory committee shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, in the same manner as persons 
                        employed intermittently in the Government 
                        service are allowed expenses under section 5703 
                        of title 5, United States Code; and</DELETED>
                        <DELETED>    (ii) shall not be considered 
                        Federal employees by reason of their service as 
                        members of an advisory committee, except for 
                        purposes of injury compensation or tort claims 
                        liability as provided in chapter 81 of title 5, 
                        United States Code, and chapter 171 of title 
                        28, United States Code.</DELETED>
<DELETED>    (e) Memorandum of Understanding.--For highly migratory 
species in the Pacific, the Secretary, in coordination with the 
Secretary of State, shall develop a memorandum of understanding with 
the Western Pacific, Pacific, and North Pacific Fishery Management 
Councils, that establishes a mechanism for the relevant Council or 
Councils to--</DELETED>
        <DELETED>    (1) participate in United States delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;</DELETED>
        <DELETED>    (2) make formal recommendations to the Secretary 
        and the Secretary of State regarding necessary measures for 
        both domestic and foreign vessels fishing for these 
        species;</DELETED>
        <DELETED>    (3) coordinate positions with the United States 
        delegation for presentation to the appropriate international 
        fishery organization; and</DELETED>
        <DELETED>    (4) recommend those domestic fishing regulations 
        that are consistent with the actions of the international 
        fishery organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.)</DELETED>

<DELETED>SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
              STATE.</DELETED>

<DELETED>    The Secretary of State may--</DELETED>
        <DELETED>    (1) receive and transmit, on behalf of the United 
        States, reports, requests, recommendations, proposals, and 
        other communications of and to the Commission;</DELETED>
        <DELETED>    (2) in consultation with the Secretary and the 
        United States Commissioners, approve, disapprove, object to, or 
        withdraw objections to the general annual program of the WCPFC 
        Commission with respect to conservation and management measures 
        and other measures proposed or adopted in accordance with the 
        WCPCF Convention; and</DELETED>
        <DELETED>    (3) act upon, or refer to other appropriate 
        authority, any communication referred to in paragraph 
        (1).</DELETED>

<DELETED>SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF 
              COMMERCE.</DELETED>

<DELETED>    (a) Promulgation of Regulations.--The Secretary, in 
consultation with the Secretary of the Department in which the Coast 
Guard is operating and the appropriate Regional Fishery Management 
Council, shall promulgate such regulations as may be necessary to carry 
out the United States international obligations under the WCPFC 
Convention and this title. The Secretary shall promulgate such 
regulations in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).</DELETED>
<DELETED>    (b) Additions to Fishery Regimes and Regulations.--The 
Secretary may promulgate regulations applicable to nationals or vessels 
of the United States, or both, which are in addition to, and not in 
conflict with, fishery conservation and management measures and 
regulations adopted under the WCPFC Convention.</DELETED>

<DELETED>SEC. 506. ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary may--</DELETED>
        <DELETED>    (1) administer and enforce this title and any 
        regulations issued under this title, including enforcement of 
        any such regulations within the boundaries of any State 
        bordering on the convention area;</DELETED>
        <DELETED>    (2) request and utilize on a reimbursed or non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in--</DELETED>
                <DELETED>    (A) the administration and enforcement of 
                this title; and</DELETED>
                <DELETED>    (B) the conduct of scientific, research, 
                and other programs under this title;</DELETED>
        <DELETED>    (3) conduct fishing operations and biological 
        experiments for purposes of scientific investigation or other 
        purposes necessary to implement the WCPFC Convention;</DELETED>
        <DELETED>    (4) collect, utilize, and disclose such 
        information as may be necessary to implement the WCPFC 
        Convention, subject to sections 552 and 552a of title 5, United 
        States Code, and section 402(b) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1881a(b));</DELETED>
        <DELETED>    (5) assess and collect fees to recover the costs 
        of implementing and enforcing this title, policy and rulemaking 
        activities, user information services, international activities 
        under this title, and the costs to the United States of 
        enforcing the WCPFC Convention, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this title; and</DELETED>
        <DELETED>    (6) issue permits to owners and operators of 
        United States vessels to fish in the convention area seaward of 
        the United States Exclusive Economic Zone.</DELETED>
<DELETED>    (b) Prohibited Acts.--It is unlawful for any person to 
violate any provision of this title or the regulations promulgated 
under this title.</DELETED>
<DELETED>    (c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation Act (16 U.S.C. 1857) were incorporated into and made a 
part of this title. Any person that violates any provision of this 
title is subject to the penalties and entitled to the privileges and 
immunities provided in the Magnuson-Stevens Fishery Conservation Act in 
the same manner, by the same means, and with the same jurisdiction, 
power, and duties as though all applicable terms and provisions of that 
Act were incorporated into and made a part of this title.</DELETED>

<DELETED>SEC. 507. PENALTIES.</DELETED>

<DELETED>    This title shall be enforced by the Secretary as if a 
violation of this title or of any regulation promulgated by the 
Commission under this title were a violation of section 307 of the 
Magnuson-Stevens Fishery Conservation Act (16 U.S.C. 1857).</DELETED>

<DELETED>SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.</DELETED>

<DELETED>    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The United States Commissioners, through the Secretary 
of State and with the concurrence of the Secretary, institution, or 
organization concerned, may arrange for the cooperation of Federal 
agencies and of State and private institutions and organizations in 
carrying out responsibilities under the WCPFC Convention.</DELETED>
<DELETED>    (b) Scientific and Other Programs; Facilities and 
Personnel.--All Federal agencies are authorized, upon the request of 
the Secretary of Commerce Commission, to cooperate in the conduct of 
scientific and other programs and to furnish facilities and personnel 
for the purpose of assisting the Commission in carrying out its duties 
under the WCPFC Convention.</DELETED>

<DELETED>SEC. 509. TERRITORIAL PARTICIPATION.</DELETED>

<DELETED>    The Secretary of State shall ensure participation in the 
Commission and its subsidiary bodies by American Samoa, Guam, and the 
Northern Mariana Islands to the same extent provided to the territories 
of other nations.</DELETED>

<DELETED>SEC. 510. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Commerce such sums as may be necessary to carry out this title and 
to pay the United States' contribution to the Commission under section 
5 of part III of the WCPFC Convention.</DELETED>

              <DELETED>TITLE VI--PACIFIC WHITING</DELETED>

<DELETED>SEC. 601. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Pacific Whiting Act of 
2005''.</DELETED>

<DELETED>SEC. 602. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Advisory panel.--The term ``advisory panel'' 
        means the Advisory Panel on Pacific Hake/Whiting established by 
        the Agreement.</DELETED>
        <DELETED>    (2) Agreement.--The term ``Agreement'' means the 
        Agreement between the Government of the United States and the 
        Government of Canada on Pacific Hake/Whiting, signed at 
        Seattle, Washington, on November 21, 2003.</DELETED>
        <DELETED>    (3) Catch.--The term ``catch'' means all fishery 
        removals from the offshore whiting resource, including 
        landings, discards, and bycatch in other fisheries.</DELETED>
        <DELETED>    (4) Joint management committee.--The term ``joint 
        management committee'' means the joint management committee 
        established by the Agreement.</DELETED>
        <DELETED>    (5) Joint technical committee.--The term ``joint 
        technical committee'' means the joint technical committee 
        established by the Agreement.</DELETED>
        <DELETED>    (6) Offshore whiting resource.--The term 
        ``offshore whiting resource'' means the transboundary stock of 
        Merluccius productus that is located in the offshore waters of 
        the United States and Canada except in Puget Sound and the 
        Strait of Georgia.</DELETED>
        <DELETED>    (7) Scientific review group.--The term 
        ``scientific review group'' means the scientific review group 
        established by the Agreement.</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (9) United states section.--The term ``United 
        States Section'' means the United States representatives on the 
        joint management committee.</DELETED>

<DELETED>SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT 
              COMMITTEE.</DELETED>

<DELETED>    (a) Representatives.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with the Secretary of State, shall appoint 4 individuals to 
        represent the United States as the United States Section on the 
        joint management committee. In making the appointments, the 
        Secretary shall select representatives from among individuals 
        who are knowledgeable or experienced concerning the offshore 
        whiting resource. Of these--</DELETED>
                <DELETED>    (A) 1 shall be an official of the National 
                Oceanic and Atmospheric Administration;</DELETED>
                <DELETED>    (B) 1 shall be a member of the Pacific 
                Fishery Management Council, appointed with 
                consideration given to any recommendation provided by 
                that Council;</DELETED>
                <DELETED>    (C) 1 shall be appointed from a list 
                submitted by the treaty Indian tribes with treaty 
                fishing rights to the offshore whiting resource; 
                and</DELETED>
                <DELETED>    (D) 1 shall be appointed from the 
                commercial sector of the whiting fishing industry 
                concerned with the offshore whiting resource.</DELETED>
        <DELETED>    (2) Term of office.--Each representative appointed 
        under paragraph (1) shall be appointed for a term not to exceed 
        4 years, except that, of the initial appointments, 2 
        representatives shall be appointed for terms of 2 years. Any 
        individual appointed to fill a vacancy occurring prior to the 
        expiration of the term of office of that individual's 
        predecessor shall be appointed for the remainder of that term. 
        A representative may be appointed for a term of less than 4 
        years if such term is necessary to ensure that the term of 
        office of not more than 2 representatives will expire in any 
        single year. An individual appointed to serve as a 
        representative is eligible for reappointment.</DELETED>
        <DELETED>    (3) Chair.--Unless otherwise agreed by all of the 
        4 representatives, the chair shall rotate annually among the 4 
        members, with the order of rotation determined by lot at the 
        first meeting.</DELETED>
<DELETED>    (b) Alternate Representatives.--The Secretary, in 
consultation with the Secretary of State, may designate alternate 
representatives of the United States to serve on the joint management 
committee. An alternative representative may exercise, at any meeting 
of the committee, all the powers and duties of a representative in the 
absence of a duly designated representative for whatever 
reason.</DELETED>

<DELETED>SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC 
              REVIEW GROUP.</DELETED>

<DELETED>    (a) In General.--The Secretary, in consultation with the 
Secretary of State, shall appoint no more than 2 scientific experts to 
serve on the scientific review group. An individual shall not be 
eligible to serve on the scientific review group while serving on the 
joint technical committee.</DELETED>
<DELETED>    (b) Term.--An individual appointed under subsection (a) 
shall be appointed for a term of not to exceed 4 years, but shall be 
eligible for reappointment. An individual appointed to fill a vacancy 
occurring prior to the expiration of a term of office of that 
individual's predecessor shall be appointed to serve for the remainder 
of that term.</DELETED>
<DELETED>    (c) Joint Appointments.--In addition to individuals 
appointed under subsection (a), the Secretary, jointly with the 
Government of Canada, may appoint to the scientific review group, from 
a list of names provided by the advisory panel --</DELETED>
        <DELETED>    (1) up to 2 independent members of the scientific 
        review group; and</DELETED>
        <DELETED>    (2) 2 public advisors.</DELETED>

<DELETED>SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL 
              COMMITTEE.</DELETED>

<DELETED>    (a) Scientific Experts.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with the Secretary of State, shall appoint at least 6 but not 
        more than 12 individuals to serve as scientific experts on the 
        joint technical committee, at least 1 of whom shall be an 
        official of the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.</DELETED>
<DELETED>    (b) Independent Member.--In addition to individuals 
appointed under subsection (a), the Secretary, jointly with the 
Government of Canada, shall appoint 1 independent member to the joint 
technical committee selected from a list of names provided by the 
advisory panel.</DELETED>

<DELETED>SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY 
              PANEL.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Appointment.--The Secretary, in consultation 
        with the Secretary of State, shall appoint at least 6 but not 
        more than 12 individuals to serve as members of the advisory 
        panel, selected from among individuals who are--</DELETED>
                <DELETED>    (A) knowledgeable or experienced in the 
                harvesting, processing, marketing, management, 
                conservation, or research of the offshore whiting 
                resource; and</DELETED>
                <DELETED>    (B) not employees of the United 
                States.</DELETED>
        <DELETED>    (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.</DELETED>

<DELETED>SEC. 607. RESPONSIBILITIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) In General.--The Secretary is responsible for carrying 
out the Agreement and this title, including the authority, to be 
exercised in consultation with the Secretary of State, to accept or 
reject, on behalf of the United States, recommendations made by the 
joint management committee.</DELETED>
<DELETED>    (b) Regulations; Cooperation with Canadian Officials.--In 
exercising responsibilities under this title, the Secretary--</DELETED>
        <DELETED>    (1) may promulgate such regulations as may be 
        necessary to carry out the purposes and objectives of the 
        Agreement and this title; and</DELETED>
        <DELETED>    (2) with the concurrence of the Secretary of 
        State, may cooperate with officials of the Canadian Government 
        duly authorized to carry out the Agreement.</DELETED>

<DELETED>SEC. 608. RULEMAKING.</DELETED>

<DELETED>    (a) Application With Magnuson-Stevens Act.--The Secretary 
shall establish the United States catch level for Pacific whiting 
according to the standards and procedures of the Agreement and this 
title rather than under the standards and procedures of the Magnuson-
Stevens Fishery Conservation Act (16 U.S.C. 1801 et seq.), except to 
the extent necessary to address the rebuilding needs of other species. 
Except for establishing the catch level, all other aspects of Pacific 
whiting management shall be--</DELETED>
        <DELETED>    (1) subject to the Magnuson-Stevens Fishery 
        Conservation Act; and</DELETED>
        <DELETED>    (2) consistent with this title.</DELETED>
<DELETED>    (b) Joint Management Committee Recommendations.--For any 
year in which both parties to the Agreement approve recommendations 
made by the joint management committee with respect to the catch level, 
the Secretary shall implement the approved recommendations. Any 
regulation promulgated by the Secretary to implement any such 
recommendation shall apply, as necessary, to all persons and all 
vessels subject to the jurisdiction of the United States wherever 
located.</DELETED>
<DELETED>    (c) Years With No Approved Catch Recommendations.--If the 
parties to the Agreement do not approve the joint management 
committee's recommendation with respect to the catch level for any 
year, the Secretary shall establish the total allowable catch for 
Pacific whiting for the United States catch. In establishing the total 
allowable catch under this subsection, the Secretary shall--</DELETED>
        <DELETED>    (1) take into account any recommendations from the 
        Pacific Fishery Management Council, the joint management 
        committee, the joint technical committee, the scientific review 
        group, and the advisory panel;</DELETED>
        <DELETED>    (2) base the total allowable catch on the best 
        scientific information available;</DELETED>
        <DELETED>    (3) use the default harvest rate set out in 
        paragraph 1 of Article III of the Agreement unless the 
        Secretary determines that the scientific evidence demonstrates 
        that a different rate is necessary to sustain the offshore 
        whiting resource; and</DELETED>
        <DELETED>    (4) establish the United State's share of the 
        total allowable catch based on paragraph 2 of Article III of 
        the Agreement and make any adjustments necessary under section 
        5 of Article II of the Agreement.</DELETED>

<DELETED>SEC. 609. ADMINISTRATIVE MATTERS.</DELETED>

<DELETED>    (a) Employment Status.--Except for an individual who is an 
employee (as defined in section 2103 of title 5, United States Code), 
without regard to an appointment under this title, an individual 
appointed as a United States representative under section 603(a), an 
alternate United States representative under section 603(b), a 
scientific expert under section 604(a) or 605(a), or a member of the 
advisory panel under section 606(a) (other than an individual described 
in subsection (b)(2)) shall not be considered to be a Federal employee 
while serving as such a representative, alternate representative, 
scientific expert, or member, except for purposes of injury 
compensation or tort claims liability as provided in chapter 81 of 
title 5 and chapter 171 of title 28, United States Code.</DELETED>
<DELETED>    (b) Compensation.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), an individual appointed under this title shall receive no 
        compensation for the individual's service as a representative, 
        alternate representative, scientific expert, or advisory panel 
        member under this title.</DELETED>
        <DELETED>    (2) Scientific review group.--Notwithstanding 
        paragraph (1), the Secretary may employ and fix the 
        compensation of an individual appointed under section 604(a) to 
        serve as a scientific expert on the scientific review group who 
        is not employed by the United States government, a State 
        government, or an Indian tribal government in accordance with 
        section 3109 of title 5, United States Code.</DELETED>
<DELETED>    (c) Travel Expenses.--Except as provided in subsection 
(d), the Secretary shall pay the necessary travel expenses of 
individuals appointed under this title in accordance with the Federal 
Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code.</DELETED>
<DELETED>    (d) Joint Appointees.--With respect to the 2 independent 
members of the scientific review group and the 2 public advisors to the 
scientific review group jointly appointed under section 604(c), and the 
1 independent member to the joint technical committee jointly appointed 
under section 605(b), the Secretary may pay up to 50 percent of--
</DELETED>
        <DELETED>    (1) any compensation paid to such individuals; 
        and</DELETED>
        <DELETED>    (2) the necessary travel expenses of such 
        individuals.</DELETED>

<DELETED>SEC. 610. ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary may--</DELETED>
        <DELETED>    (1) administer and enforce this title and any 
        regulations issued under this title;</DELETED>
        <DELETED>    (2) request and utilize on a reimbursed or non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this title; 
        and</DELETED>
        <DELETED>    (3) collect, utilize, and disclose such 
        information as may be necessary to implement the Agreement and 
        this title, subject to sections 552 and 552a of title 5, United 
        States Code.</DELETED>
<DELETED>    (b) Prohibited Acts.--It is unlawful for any person to 
violate any provision of this title or the regulations promulgated 
under this title.</DELETED>
<DELETED>    (c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation Act (16 U.S.C. 1857) were incorporated into and made a 
part of this title. Any person that violates any provision of this 
title is subject to the penalties and entitled to the privileges and 
immunities provided in the Magnuson-Stevens Fishery Conservation Act in 
the same manner, by the same means, and with the same jurisdiction, 
power, and duties as though all applicable terms and provisions of that 
Act were incorporated into and made a part of this title.</DELETED>
<DELETED>    (d) Penalties.--This title shall be enforced by the 
Secretary as if a violation of this title or of any regulation 
promulgated by the Secretary under this title were a violation of 
section 307 of the Magnuson-Stevens Fishery Conservation Act (16 U.S.C. 
1857).</DELETED>

<DELETED>SEC. 611. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
such sums as may be necessary to carry out the obligations of the 
United States under the Agreement and this title.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and 
                            recovery program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal 
                            habitats.
Sec. 119. Prohibited acts.
Sec. 120. Enforcement.

                   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. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund 
                            for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Shrimp and oyster fisheries and habitats.

                  TITLE III--OTHER FISHERIES STATUTES

Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries acts.

                        TITLE IV--INTERNATIONAL

Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated 
                            fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and 
                            reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.

   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Penalties.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Authorization of appropriations.

                       TITLE VI--PACIFIC WHITING

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the Secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.

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 by 
adding at the end the following:
            ``(11) A number of the Fishery Management Councils have 
        demonstrated significant progress in integrating ecosystem 
        considerations in fisheries management using the existing 
        authorities provided under this Act.''.
    (b) In General.--Section 3 (16 U.S.C. 1802) is amended--
            (1) by inserting after paragraph (6) the following:
            ``(6A) 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 (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.'';
            (3) 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.'';
            (4) 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).''; and
            (5) 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.''.
    (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, an overfished stock, or a stock that 
is approaching a condition of being overfished, the provisions of this 
Act in this regard shall be communicated to and promoted by the United 
States in the international or regional fisheries organization.''.

SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

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

SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

    Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
            (1) by inserting ``and any funds or contributions received 
        in support of conservation and management objectives under a 
        marine conservation plan'' after ``agreement'' in paragraph 
        (7);
            (2) by striking ``authority, after payment of direct costs 
        of the enforcement action to all entities involved in such 
        action,'' in paragraph (8); and
            (3) by inserting after ``paragraph (4).'' in paragraph (8) 
        the following: ``In the case of violations by foreign vessels 
        occurring within the exclusive economic zones off Midway Atoll, 
        Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, 
        Baker, and Wake Islands, amounts received by the Secretary 
        attributable to fines and penalties imposed under this Act, 
        shall be deposited into the Western Pacific Sustainable 
        Fisheries Fund established under paragraph (7) of this 
        subsection.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out the provisions of this Act--
            ``(1) $328,004,000 for fiscal year 2006; and
            ``(2) such sums as may be necessary for fiscal years 2007 
        through 2012.''.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended by inserting ``by utilizing economic and social data 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. CARIBBEAN COUNCIL JURISDICTION.

    Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by 
inserting ``and of commonwealths, territories, and possessions of the 
United States in the Caribbean Sea'' after ``seaward of such States''.

SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16 
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the 
following:
    ``(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 reports on 
        stock status and health, bycatch, habitat status, socio-
        economic impacts of management measures, and sustainability of 
        fishing practices.
            ``(C) Members appointed by the Councils to the scientific 
        and statistical committees shall be Federal employees, State 
        employees, academicians, or independent experts with strong 
        scientific or technical credentials and experience.
            ``(D) The Secretary and each Council may establish a peer 
        review process for that Council for scientific information used 
        to advise the Council about the conservation and management of 
        the fishery. The review process, which may include existing 
        committees or panels, is deemed to satisfy the requirements of 
        the guidelines issued pursuant to section 515 of the Treasury 
        and General Government Appropriations Act for Fiscal year 2001 
        (Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
            ``(E) In addition to the provisions of section 302(f)(7), 
        the Secretary may 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.'';
            (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) adopt annual catch limits for each of its managed 
        fisheries after considering the recommendations of its 
        scientific and statistical committee or the peer review process 
        established under subsection (g); and''.
    (d) Regular and Emergency Meetings.--The first sentence of section 
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
            (1) by striking ``published in local newspapers'' and 
        inserting ``provided by any means that will result in wide 
        publicity (except that e-mail notification and website postings 
        alone are not sufficient)''; and
            (2) by striking ``fishery) and such notice may be given by 
        such other means as will result in wide publicity.'' and 
        inserting ``fishery).''.
    (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
1852(i)(3)(B)) is amended by striking ``notify local newspapers'' and 
inserting ``provide notice by any means that will result in wide 
publicity''.
    (f) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
    ``(k) Council Training Program.--
            ``(1) Training course.--Within 6 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2005, the Secretary, in 
        consultation with the Councils and the National Sea Grant 
        College Program, shall develop a training course for newly 
        appointed Council members. The course may cover a variety of 
        topics relevant to matters before the Councils, including--
                    ``(A) fishery science and basic stock assessment 
                methods;
                    ``(B) fishery management techniques, data needs, 
                and Council procedures;
                    ``(C) social science and fishery economics;
                    ``(D) tribal treaty rights and native customs, 
                access, and other rights related to Western Pacific 
                indigenous communities;
                    ``(E) legal requirements of this Act, including 
                conflict of interest and disclosure provisions of this 
                section and related policies;
                    ``(F) other relevant legal and regulatory 
                requirements, including the National Environmental 
                Policy Act (42 U.S.C. 4321 et seq.);
                    ``(G) public process for development of fishery 
                management plans; and
                    ``(H) other topics suggested by the Council.
            ``(2) Member training.--The training course shall be 
        available to both new and existing Council members, and may be 
        made available to committee or advisory panel members as 
        resources allow.
    ``(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.''.
    (g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is 
amended--
            (1) by striking ``to the Councils or to the scientific and 
        statistical committees or advisory panels established under 
        subsection (g).'' in paragraph (1) 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) by striking ``of a Council, and of the scientific and 
        statistical committee and advisory panels established under 
        subsection (g):'' in paragraph (2) and inserting ``of a 
        Council, of the Council coordination committee established 
        under subsection (l), and of the scientific and statistical 
        committees or other committees or advisory panels established 
        under subsection (g):''; and
            (3) by inserting ``the Council Coordination Committee 
        established under subsection (1),'' in paragraph (3)(A) after 
        ``Council,''; and
            (4) by inserting ``other committee,'' in paragraph (3)(A) 
        after ``committee,''.
    (h) 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.''.
    (i) 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 Unites States shall not be 
considered to be a representative of the commercial fishing sector.''.
    (j) 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 (i) 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. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) striking ``and charter fishing'' in paragraph (5) and 
        inserting ``charter fishing, and fish 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) provide a mechanism for specifying annual catch 
        limits in the plan (including a multiyear plan), the 
        implementing regulations, or the annual specifications that 
        shall be established by the Council or Secretary based on the 
        best scientific information available at a level that does not 
        exceed optimum yield, and, for purposes of which harvests 
        exceeding the specified annual catch limit (including the 
        specified annual catch limit for a sector) shall either be 
        deducted from the following year's annual catch limit 
        (including the annual catch limit for that sector), or by 
        adjusting other management measures and input controls such 
        that the fishing mortality rate for the following year is 
        reduced to account for the overage to achieve the overfishing 
        and rebuilding objectives of the plan for that sector.''.
    (b) Effective Date.--The amendments made by subsection (a)(5) shall 
take effect 2 years after the date of enactment of this Act.

SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

    Section 303(b) (16 U.S.C. 1853(b)) is amended--
            (1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
            (2) by inserting after paragraph (2) the following:
            ``(B) designate such zones in areas where deep sea corals 
        are identified under section 408, to protect deep sea corals 
        from physical damage from fishing gear or to prevent loss or 
        damage to such fishing gear from interactions with deep sea 
        corals, after considering long-term sustainable uses of fishery 
        resources in such areas; and
            ``(C) with respect to any closure of an area to all 
        fisheries managed under this Act, ensure that such closure--
                    ``(i) is based on the best scientific information 
                available;
                    ``(ii) includes criteria to assess the conservation 
                benefit of the closed area;
                    ``(iii) establishes a timetable for review of the 
                closed area's performance that is consistent with the 
                purposes of the closed area; and
                    ``(iv) is based on an assessment of the benefits 
                and impacts of the closure, including its size, in 
                relation to other management measures (either alone or 
                in combination with such measures), including the 
                benefits and impacts of limiting access to: users of 
                the area, overall fishing activity, fishery science, 
                and fishery and marine conservation;'';
            (2) by striking ``fishery;'' in paragraph (5) and inserting 
        ``fishery and take into account the different circumstances 
        affecting fisheries from different States and port, including 
        distances to fishing grounds and proximity to time and area 
        closures;'';
            (3) 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;'';
            (4) by striking ``(other than economic data)'' in paragraph 
        (7);
            (5) by striking ``and'' after the semicolon in paragraph 
        (11); and
            (6) 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. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

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

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

    ``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2005, 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 
                overfished 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)D23/ 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 
                        Reauthorization Act of 2005, 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 Reauthorization Act of 2005, 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 Reauthorization Act of 2005, 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 Reauthorization Act of 2005.''.
    (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 alia).

SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

    Section 304 (16 U.S.C. 1854) is amended by adding at the end the 
following:
    ``(i) Environmental Review Process.--
            ``(1) Procedures.--The Secretary shall, in consultation 
        with the Councils and the Council on Environmental Quality, 
        revise and update agency procedures for compliance with the 
        National Environmental Policy Act (42 U.S.C. 4231 et seq.). The 
        procedures shall--
                    ``(A) conform to the time lines for review and 
                approval of fishery management plans and plan 
                amendments under this section; and
                    ``(B) integrate applicable environmental analytical 
                procedures, including the time frames for public input, 
                with the procedure for the preparation and 
                dissemination of fishery management plans, plan 
                amendments, and other actions taken or approved 
                pursuant to this Act in order to provide for timely, 
                clear and concise analysis that is useful to decision 
                makers and the public, reduce extraneous paperwork, and 
                effectively involve the public.
            ``(2) Usage.--The updated agency procedures promulgated in 
        accordance with this section used by the Councils or the 
        Secretary shall be the sole environmental impact assessment 
        procedure for fishery management plans, amendments, 
        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 Reauthorization Act 
                of 2005;
                    ``(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. WESTERN PACIFIC COMMUNITY DEVELOPMENT.

    Section 305 (16 U.S.C. 1855) is amended by adding at the end 
thereof the following:
    ``(j) Western Pacific Regional Marine Education and Training.--
            ``(1) In general.--The Secretary shall establish a pilot 
        program for regionally-based marine education and training 
        programs in the Western Pacific to foster understanding, 
        practical use of knowledge (including native Hawaiian and other 
        Pacific Islander-based knowledge), and technical expertise 
        relevant to stewardship of living marine resources. The 
        Secretary shall, in cooperation with the Western Pacific 
        Regional Fishery Management Council, regional educational 
        institutions, and local Western Pacific community training 
        entities, establish programs or projects that will improve 
        communication, education, and training on marine resource 
        issues throughout the region and increase scientific education 
        for marine-related professions among coastal community 
        residents, including indigenous Pacific islanders, Native 
        Hawaiians and other underrepresented groups in the region.
            ``(2) Program components.--The program shall--
                    ``(A) include marine science and technology 
                education and training programs focused on preparing 
                community residents for employment in marine related 
                professions, including marine resource conservation and 
                management, marine science, marine technology, and 
                maritime operations;
                    ``(B) include fisheries and seafood-related 
                training programs, including programs for fishery 
                observers, seafood safety and seafood marketing, 
                focused on increasing the involvement of coastal 
                community residents in fishing, fishery management, and 
                seafood-related operations;
                    ``(C) include outreach programs and materials to 
                educate and inform consumers about the quality and 
                sustainability of wild fish or fish products farmed 
                through responsible aquaculture, particularly in Hawaii 
                and the Western Pacific;
                    ``(D) include programs to identify, with the 
                fishing industry, methods and technologies that will 
                improve the data collection, quality, and reporting and 
                increase the sustainability of fishing practices, and 
                to transfer such methods and technologies among 
                fisheries sectors and to other nations in the Western 
                and Central Pacific;
                    ``(E) develop means by which local and traditional 
                knowledge (including Pacific islander and Native 
                Hawaiian knowledge) can enhance science-based 
                management of fishery resources of the region; and
                    ``(F) develop partnerships with other Western 
                Pacific Island agencies, academic institutions, and 
                other entities to meet the purposes of this section.''.

SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
            (1) by striking ``To'' in subparagraph (B) and inserting 
        ``Except as provided in subparagraph (E), to''; and
            (2) by adding at the end the following:
                    ``(E) A community shall be eligible to participate 
                in the western Alaska community development quota 
                program under subparagraph (A) if the community was--
                            ``(i) listed in table 7 to part 679 of 
                        title 50, Code of Federal Regulations, as in 
                        effect on January 1, 2004; or
                            ``(ii) approved by the National Marine 
                        Fisheries Service on April 19, 1999.''.

SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

    Section 305 (16 U.S.C. 1855), as amended by section 109, is further 
amended by adding at the end thereof the following:
    ``(k) Multispecies Groundfish.--Within 60 days after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2005, the Secretary of Commerce shall determine 
whether fishing in State waters without a New England multispecies 
groundfish fishery permit on regulated species within the multispecies 
complex is not consistent with the applicable Federal fishery 
management plan. If the Secretary makes a determination that such 
actions are not consistent with the plan, the Secretary shall, in 
consultation with the Council, and after notifying the affected State, 
develop and implement measures to cure the inconsistency.''.

SEC. 112. 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 Reauthorization Act of 2005, 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 United States Coast Guard shall transmit a joint report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Resources containing--
            (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. 113. TRANSITION TO SUSTAINABLE FISHERIES.

    (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
            (1) by striking ``measures;'' in subsection (a)(1)(B) and 
        inserting ``measures, including regulatory restrictions imposed 
        to protect human health or the marine environment and 
        judicially imposed harvest restrictions;'';
            (2) by striking ``1996, 1997, 1998, and 1999.'' in 
        subsection (a)(4) and inserting ``2006 through 2012.'';
            (3) by striking ``or the Governor of a State for fisheries 
        under State authority, may conduct a fishing'' in subsection 
        (b)(1) and inserting ``the Governor of a State for fisheries 
        under State authority, or a majority of permit holders in the 
        fishery, may conduct a voluntary fishing'';
            (4) by inserting ``practicable'' after ``entrants,'' in 
        subsection (b)(1)(B)((i);
            (5) by striking ``cost-effective and'' in subsection 
        (b)(1)C) and inserting ``cost-effective and, in the instance of 
        a program involving an industry fee system, prospectively'';
            (6) by striking subparagraph (A) of subsection (b)(2) and 
        inserting the following:
            ``(A) the owner of a fishing vessel, if the permit 
        authorizing the participation of the vessel in the fishery is 
        surrendered for permanent revocation and the vessel owner and 
        permit holder relinquish any claim associated with the vessel 
        or permit that could qualify such owner or holder for any 
        present or future limited access system permit in the fishery 
        for which the program is established 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'';
            (7) by striking ``The Secretary shall consult, as 
        appropriate, with Councils,'' in subsection (b)(4) and 
        inserting ``The harvester proponents of each program and the 
        Secretary shall consult, as appropriate and practicable, with 
        Councils,'';
            (8) by striking ``Secretary, at the request of the 
        appropriate Council,'' in subsection (d)(1)(A) and inserting 
        ``Secretary'';
            (9) by striking ``Secretary, in consultation with the 
        Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
            (10) by striking ``a two-thirds majority of the 
        participants voting.'' in subsection (d)(1)(B) and inserting 
        ``at least a majority of the permit holders in the fishery, or 
        50 percent of the permitted allocation of the fishery, who 
        participated in the fishery.'';
            (11) by striking ``establish;'' in subsection (d)(2)((C) 
        and inserting ``establish, unless the Secretary determines that 
        such fees should be collected from the seller;'' and
            (12) 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.

SEC. 114. 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. 115. 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 2006 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 2006 through fiscal year 2012.

SEC. 116. 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 are authorized to be 
appropriated to the Secretary of Commerce $17,500,000 for fiscal years 
2006 through 2011 to carry out this section.

SEC. 117. 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 Reauthorization Act of 2005, 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. 118. 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.

SEC. 119. 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. 120. 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;''.

                   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 Reauthorization Act of 2005, 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), 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 
        post-release mortality occurring in a fishery.
            ``(3) Conservation engineering projects designed to reduce 
        bycatch, including avoidance of post-release mortality, 
        reduction of bycatch in high seas fisheries, and transfer of 
        such fishing technologies to other nations.
            ``(4) Projects for the identification of habitat areas of 
        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 Reauthorization Act of 2005, 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. HERRING STUDY.

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

``SEC. 318. HERRING STUDY.

    ``(a) In General.--The Secretary may conduct a cooperative research 
program to study the issues of abundance, distribution and the role of 
herring as forage fish for other commercially important fish stocks in 
the Northwest Atlantic, and the potential for local scale depletion 
from herring harvesting and how it relates to other fisheries in the 
Northwest Atlantic. In planning, designing, and implementing this 
program, the Secretary shall engage multiple fisheries sectors and 
stakeholder groups concerned with herring management.
    ``(b) Report.--The Secretary shall present the final results of 
this study to Congress within 3 months following the completion of the 
study, and an interim report at the end of fiscal year 2008.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 
to conduct this study.''.

SEC. 206. RESTORATION STUDY.

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

``SEC. 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 are authorized to be 
appropriated $500,000 for fiscal year 2007 to conduct this study.''.

SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

    Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855 
note) is amended--
            (1) by striking ``and the Secretary of the Interior are'' 
        in paragraph (1) and inserting ``is'';
            (2) by striking ``not less than three and not more than 
        five'' in paragraph (1); and
            (3) by striking paragraph (6) and inserting the following:
            ``(6) In this subsection the term `Western Pacific 
        community' means a community eligible to participate under 
        section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855(i)(2)(B)(i) through (iv)).''.

SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

    (a) In General.--The Secretary shall establish and maintain a fund, 
to be known as the ``Fisheries Conservation and 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. 209. 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, 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. 210. REGIONAL ECOSYSTEM RESEARCH.

    Section 406 (16 U.S.C. 1882) is amended by adding at the end the 
following:
    ``(f) Regional Ecosystem Research.--
            ``(1) Study.--Within 180 days after the date of enactment 
        of the Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2005, the Secretary, in consultation 
        with the Councils, shall undertake and complete a study on the 
        state of the science for advancing the concepts and integration 
        of ecosystem considerations in regional fishery management. The 
        study should build upon the recommendations of the advisory 
        panel and include--
                    ``(A) recommendations for scientific data, 
                information and technology requirements for 
                understanding ecosystem processes, and methods for 
                integrating such information from a variety of federal, 
                state, and regional sources;
                    ``(B) recommendations for processes for 
                incorporating broad stake holder participation;
                    ``(C) recommendations for processes to account for 
                effects of environmental variation on fish stocks and 
                fisheries; and
                    ``(D) a description of existing and developing 
                council efforts to implement ecosystem approaches, 
                including lessons learned by the councils.
            ``(2) Agency Technical Advice and Assistance, Regional 
        Pilot Programs.--The Secretary is authorized to provide 
        necessary technical advice and assistance, including grants, to 
        the Councils for the development and design of regional pilot 
        programs that build upon the recommendations of the advisory 
        panel and, when completed, the study.''.

SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.

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

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

    ``(a) In General.--The Secretary, in consultation with 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 
Reauthorization Act of 2005, 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. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

    (a) In General.--The Undersecretary of Commerce for Oceans and 
Atmosphere shall execute an agreement with the National Academy of 
Sciences to conduct, jointly, a multi-year, comprehensive in-water 
study designed--
            (1) to measure accurately the efforts and effects of shrimp 
        fishery efforts to utilize turtle excluder devices;
            (2) to analyze the impact of those efforts on sea turtle 
        mortality, including interaction between turtles and shrimp 
        trawlers in the inshore, nearshore, and offshore waters of the 
        Gulf of Mexico and similar geographical locations in the waters 
        of the Southeastern United States; and
            (3) to evaluate innovative technologies to increase shrimp 
        retention in turtle excluder devices while ensuring the 
        protection of endangered and threatened sea turtles.
    (b) Observers.--In conducting the study, the Undersecretary shall 
ensure that observers are placed onboard commercial shrimp fishing 
vessels where appropriate or necessary.
    (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. 213. 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;
            (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. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

    (a) Civil Penalties.--Section 8(a) of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f(a)) is amended--
            (1) by striking ``$25,000'' and inserting ``$200,000'';
            (2) by striking ``violation, the degree of culpability, and 
        history of prior offenses, ability to pay,'' in the fifth 
        sentence and inserting ``violator, the degree of culpability, 
        any history of prior offenses,''; and
            (3) by adding at the end the following: ``In assessing such 
        penalty, the Secretary may also consider any information 
        provided by the violator relating to the ability of the 
        violator to pay if the information is provided to the Secretary 
        at least 30 days prior to an administrative hearing.''.
    (b) Permit Sanctions.--Section 8 of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773f) is amended by adding at the end the 
following:
    ``(e) Revocation or Suspension of Permit.--
            ``(1) In general.--The Secretary may take any action 
        described in paragraph (2) in any case in which--
                    ``(A) a vessel has been used in the commission of 
                any act prohibited under section 7;
                    ``(B) the owner or operator of a vessel or any 
                other person who has been issued or has applied for a 
                permit under this Act has acted in violation of section 
                7; or
                    ``(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other property, or 
                any civil penalty or criminal fine imposed on a vessel 
                or owner or operator of a vessel or any other person 
                who has been issued or has applied for a permit under 
                any marine resource law enforced by the Secretary has 
                not been paid and is overdue.
            ``(2) Permit-related actions.--Under the circumstances 
        described in paragraph (1) the Secretary may--
                    ``(A) revoke any permit issued with respect to such 
                vessel or person, with or without prejudice to the 
                issuance of subsequent permits;
                    ``(B) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                    ``(C) deny such permit; or
                    ``(D) impose additional conditions and restrictions 
                on any permit issued to or applied for by such vessel 
                or person under this Act and, with respect to any 
                foreign fishing vessel, on the approved application of 
                the foreign nation involved and on any permit issued 
                under that application.
            ``(3) Factors To Be Considered.--In imposing a sanction 
        under this subsection, the Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the sanction 
                is imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
            ``(4) Transfers of ownership.--Transfer of ownership of a 
        vessel, a permit, or any interest in a permit, by sale or 
        otherwise, shall not extinguish any permit sanction that is in 
        effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, permit, 
        or interest in a permit, by sale or otherwise, the owner shall 
        disclose in writing to the prospective transferee the existence 
        of any permit sanction that will be in effect or pending with 
        respect to the vessel, permit, or interest at the time of the 
        transfer.
            ``(5) Reinstatement.--In the case of any permit that is 
        suspended under this subsection for nonpayment of a civil 
        penalty, criminal fine, or any amount in settlement of a civil 
        forfeiture, the Secretary shall reinstate the permit upon 
        payment of the penalty, fine, or settlement amount and interest 
        thereon at the prevailing rate.
            ``(6) Hearing.--No sanction shall be imposed under this 
        subsection unless there has been prior opportunity for a 
        hearing on the facts underlying the violation for which the 
        sanction is imposed either in conjunction with a civil penalty 
        proceeding under this section or otherwise.
            ``(7) Permit defined.--In this subsection, the term 
        `permit' means any license, certificate, approval, 
        registration, charter, membership, exemption, or other form of 
        permission issued by the Commission or the Secretary, and 
        includes any quota share or other transferable quota issued by 
        the Secretary.''.
    (c) Criminal Penalties.--Section 9(b) of the Northern Pacific 
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
            (1) by striking ``$50,000'' and inserting ``$200,000''; and
            (2) by striking ``$100,000,'' and inserting ``$400,000,''.

SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

    (a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the 
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended 
to read as follows:
    ``(a) Authorization.--For each of fiscal years 2006, 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 2006 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 2006 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--
            (1) by inserting ``sustainable salmon fisheries,'' after 
        ``enhancement,''; and
            (2) by inserting ``2006, 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. INTERNATIONAL MONITORING AND COMPLIANCE.

    Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end 
the following:

``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

    ``(a) In General.--The Secretary may undertake activities to 
promote improved monitoring and compliance for high seas fisheries, or 
fisheries governed by international fishery management agreements, and 
to implement the requirements of this title.
    ``(b) Specific Authorities.--In carrying out subsection (a), the 
Secretary may--
            ``(1) share information on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing on the 
        high seas, in areas covered by international fishery management 
        agreements, and by vessels of other nations within the United 
        States exclusive economic zone, with relevant law enforcement 
        organizations of foreign nations and relevant international 
        organizations;
            ``(2) further develop real time information sharing 
        capabilities, particularly on harvesting and processing 
        capacity and illegal, unreported and unregulated fishing;
            ``(3) participate in global and regional efforts to build 
        an international network for monitoring, control, and 
        surveillance of high seas fishing and fishing under regional or 
        global agreements;
            ``(4) support efforts to create an international registry 
        or database of fishing vessels, including by building on or 
        enhancing registries developed by international fishery 
        management organizations;
            ``(5) enhance enforcement capabilities through the 
        application of commercial or governmental remote sensing 
        technology to locate or identify vessels engaged in illegal, 
        unreported, or unregulated fishing on the high seas, including 
        encroachments into the exclusive economic zone by fishing 
        vessels of other nations;
            ``(6) provide technical or other assistance to developing 
        countries to improve their monitoring, control, and 
        surveillance capabilities; and
            ``(7) support coordinated international efforts to ensure 
        that all large-scale fishing vessels operating on the high seas 
        are required by their flag State to be fitted with vessel 
        monitoring systems no later than December 31, 2008, or earlier 
        if so decided by the relevant flag State or any relevant 
        international fishery management organization.''.

SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED 
              FISHING.

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

SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND 
              REDUCE BYCATCH OF PROTECTED MARINE SPECIES.

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

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

    ``The Secretary, in consultation with the Secretary of State, shall 
provide to Congress, by not later than 2 years after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2005, 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 overfished, overexploited, depleted, endangered, 
        or threatened with extinction by any international or other 
        authority charged with management or conservation of living 
        marine resources;
            ``(2) a list of nations whose vessels have been identified 
        under 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 
        Reauthorization Act of 2005, 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 2006 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--
                    ``(A) 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, the Endangered 
        Species Act, 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, or any international 
        fishery management agreement.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for fiscal years 2006 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. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

    (a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C. 
1821(h)(2)(B)) is amended by striking ``that is at least equal in 
effectiveness to the program established by the Secretary;'' and 
inserting ``or other monitoring program that the Secretary, in 
consultation with the Western Pacific Management Council, determines is 
adequate to monitor harvest, bycatch, and compliance with the laws of 
the United States by vessels fishing under the agreement;''.
    (b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C. 
1824(e)(4)(A)(i)) is amended to read as follows:
            ``(i) Pacific Insular Area observer programs, or other 
        monitoring programs, that the Secretary determines are adequate 
        to monitor the harvest, bycatch, and compliance with the laws 
        of the United States by foreign fishing vessels that fish under 
        Pacific Insular Area fishing agreements;''.

SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

    (a) In General.--Section 10 of the Atlantic Tunas Convention Act of 
1975 (16 U.S.C. 971h) is amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including use for payment of the 
United States share of the joint expenses of the Commission as provided 
in Article X of the Convention--
            ``(1) $5,495,000 for fiscal year 2006;
            ``(2) $5,770,000 for each of fiscal years 2007 and 2008;
            ``(3) $6,058,000 for each of fiscal years 2009 and 2010; 
        and
            ``(4) $6,631,000 for each of fiscal years 2011 and 2012.
    ``(b) Allocation.--Of the amounts made available under subsection 
(a) for each fiscal year--
            ``(1) $160,000 are authorized for the advisory committee 
        established under section 4 of this Act and the species working 
        groups established under section 4A of this Act; and
            ``(2) $7,500,000 are authorized for research activities 
        under this Act and section 3 of Public Law 96-339 (16 U.S.C. 
        971i), of which $3,000,000 shall be for the cooperative 
        research program under section 3(b)(2)(H) of that section (16 
        U.S.C. 971i(b)(2)(H).''.
    (b) Atlantic Billfish Cooperative Research Program.--Section 
3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) include a cooperative research program on 
                Atlantic billfish based on the Southeast Fisheries 
                Science Center Atlantic Billfish Research Plan of 2002; 
                and''.

SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

    (a) Rebuilding Overfished 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 overfished or approaching a 
        condition of being overfished due to excessive international 
        fishing pressure, and for which there are no management 
        measures to end overfishing under an international agreement to 
        which the United States is a party. For such fisheries--
                    ``(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,''.

   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Western and Central Pacific 
Fisheries Convention Implementation Act''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.
            (2) Agreement.--The term ``Agreement'' means the Agreement 
        for the Implementation of the Provisions of the United Nations 
        Convention on the Law of the Sea of 10 December 1982 relating 
        to the Conservation and Management of Straddling Fish Stocks 
        and Highly Migratory Fish Stocks.
            (3) Commission.--The term ``Commission'' means the 
        Commission for the Conservation and Management of Highly 
        Migratory Fish Stocks in the Western and Central Pacific Ocean 
        established in accordance with this Convention.
            (4) Convention area.--The term ``convention area'' means 
        all waters of the Pacific Ocean bounded to the south and to the 
        east by the following line:
        From the south coast of Australia due south along the 141th 
        meridian of east longitude to its intersection with the 55th 
        parallel of south latitude; thence due east along the 55th 
        parallel of south latitude to its intersection with the 150th 
        meridian of east longitude; thence due south along the 150th 
        meridian of east longitude to its intersection with the 60th 
        parallel of south latitude; thence due east along the 60th 
        parallel of south latitude to its intersection with the 130th 
        meridian of west longitude; thence due north along the 130th 
        meridian of west longitude to its intersection with the 4th 
        parallel of south latitude; thence due west along the 4th 
        parallel of south latitude to its intersection with the 150th 
        meridian of west longitude; thence due north along the 150th 
        meridian of west longitude.
            (5) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the zone established by Presidential Proclamation 
        Numbered 5030 of March 10, 1983.
            (6) Fishing.--The term ``fishing'' means:
                    (A) searching for, catching, taking, or harvesting 
                fish.
                    (B) attempting to search for, catch, take, or 
                harvest fish.
                    (C) engaging in any other activity which can 
                reasonably be expected to result in the locating, 
                catching, taking, or harvesting of fish for any 
                purpose.
                    (D) placing, searching for, or recovering fish 
                aggregating devices or associated electronic equipment 
                such as radio beacons.
                    (E) any operations at sea directly in support of, 
                or in preparation for, any activity described in 
                subparagraphs (A) through (D), including transshipment.
                    (F) use of any other vessel, vehicle, aircraft, or 
                hovercraft, for any activity described in subparagraphs 
                (A) through (E) except for emergencies involving the 
                health and safety of the crew or the safety of a 
                vessel.
            (7) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended for use for the purpose of fishing, 
        including support ships, carrier vessels, and any other vessel 
        directly involved in such fishing operations.
            (8) Highly migratory fish stocks.--The term ``highly 
        migratory fish stocks'' means all fish stocks of the species 
        listed in Annex 1 of the 1982 Convention occurring in the 
        Convention Area, and such other species of fish as the 
        Commission may determine.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (10) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, and any other commonwealth, territory, or possession of 
        the United States.
            (11) Transhipment.--The term ``transshipment'' means the 
        unloading of all or any of the fish on board a fishing vessel 
        to another fishing vessel either at sea or in port.
            (12) WCPCF convention; western and central pacific 
        convention.--The terms ``WCPCF Convention'' and ``Western and 
        Central Pacific Convention'' means the Convention on the 
        Conservation and Management of the Highly Migratory Fish Stocks 
        in the Western and Central Pacific Ocean, with Annexes, which 
        was adopted at Honolulu, Hawaii, on September 5, 2000, by the 
        Multilateral High Level Conference on the Highly Migratory Fish 
        Stocks in the Western and Central Pacific Ocean.

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

    (a) In General.--The United States shall be represented on the 
Commission by 5 United States Commissioners. The President shall 
appoint individuals to serve on the Commission at the pleasure of the 
President. In making the appointments, the President shall select 
Commissioners from among individuals who are knowledgeable or 
experienced concerning highly migratory fish stocks in the Western and 
Central Pacific Ocean, one of whom shall be an officer or employee of 
the Department of Commerce, and one of whom shall be the chairman or a 
member of the Western Pacific Fishery Management Council. The 
Commissioners shall be entitled to adopt such rules of procedures as 
they find necessary and to select a chairman from among members who are 
officers or employees of the United States Government.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise at any meeting of the Commission, Council, 
any Panel, or the advisory committee established pursuant to subsection 
(d), all powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection (a) of 
this section for whatever reason. The number of such Alternate United 
States Commissioners that may be designated for any such meeting shall 
be limited to the number of United States Commissioners appointed 
pursuant to subsection (a) of this section who will not be present at 
such meeting.
    (c) Administrative Matters.--
            (1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the United 
        States Government, shall be considered to be Federal employees 
        while performing such service, only for purposes of--
                    (A) injury compensation under chapter 81 of title 
                5, United States Code;
                    (B) tort claims liability as provided under chapter 
                171 of title 28 United States Code;
                    (C) requirements concerning ethics, conflicts of 
                interest, and corruption as provided under title 18, 
                United States Code; and
                    (D) any other criminal or civil statute or 
                regulation governing the conduct of Federal employees.
            (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as such Commissioners or Alternate Commissioners.
            (3) Travel expenses.--
                    (A) The Secretary of State shall pay the necessary 
                travel expenses of United States Commissioners and 
                Alternate United States Commissioners in accordance 
                with the Federal Travel Regulations and sections 5701, 
                5702, 5704 through 5708, and 5731 of title 5, United 
                States Code.
                    (B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.
    (d) Advisory Committees.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee which shall be composed of--
                            (i) not less than 15 nor more than 20 
                        individuals appointed by the United States 
                        Commissioners who shall select such individuals 
                        from the various groups concerned with the 
                        fisheries covered by the WCPFC Convention, 
                        providing, to the maximum extent practicable, 
                        an equitable balance among such groups;
                            (ii) the chair of the Western Pacific 
                        Fishery Management Council's Advisory Committee 
                        or the chair's designee; and
                            (iii) officials of the fisheries management 
                        authorities of American Samoa, Guam, and the 
                        Northern Mariana Islands (or their designees).
                    (B) Terms and privileges.--Each member of the 
                advisory committee appointed under subparagraph (A) 
                shall serve for a term of 2 years and shall be eligible 
                for reappointment. Members of the advisory committee 
                may attend all public meetings of the Commission, 
                Council, or any Panel and any other meetings to which 
                they are invited by the Commission, Council, or any 
                Panel. The advisory committee shall be invited to 
                attend all non-executive meetings of the United States 
                Commissioners and at such meetings shall be given 
                opportunity to examine and to be heard on all proposed 
                programs of investigation, reports, recommendations, 
                and regulations of the Commission.
                    (C) Procedures.--The advisory committee established 
                by subparagraph (A) shall determine its organization, 
                and prescribe its practices and procedures for carrying 
                out its functions under this chapter, the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and the WCPFC Convention. The 
                advisory committee shall publish and make available to 
                the public a statement of its organization, practices, 
                and procedures. A majority of the members of the 
                advisory committee shall constitute a quorum, but one 
                or more such members designated by the advisory 
                committee may hold meetings to provide for public 
                participation and to discuss measures relating to the 
                United States implementation of Commission 
                recommendations. Meetings of the advisory committee, 
                except when in executive session, shall be open to the 
                public, and prior notice of meetings shall be made 
                public in a timely fashion. and the advisory committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the advisory 
                committee with relevant information concerning 
                fisheries and international fishery agreements.
            (2) Administrative matters.--
                    (A)Support services.--The Secretary shall provide 
                to advisory committees in a timely manner such 
                administrative and technical support services as are 
                necessary for their effective functioning.
                    (B) Compensation; status; expenses.--Individuals 
                appointed to serve as a member of an advisory 
                committee--
                            (i) shall serve without pay, but while away 
                        from their homes or regular places of business 
                        in the performance of services for the advisory 
                        committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, in 
                        the same manner as persons employed 
                        intermittently in the Government service are 
                        allowed expenses under section 5703 of title 5, 
                        United States Code; and
                            (ii) shall not be considered Federal 
                        employees by reason of their service as members 
                        of an advisory committee, except for purposes 
                        of injury compensation or tort claims liability 
                        as provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.
    (f) Memorandum of Understanding.--For highly migratory species in 
the Pacific, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Western 
Pacific, Pacific, and North Pacific Fishery Management Councils, that 
specifies the role of the relevant Council or Councils with respect 
to--
            (1) participation in United States delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;
            (2) providing formal recommendations to the Secretary and 
        the Secretary of State regarding necessary measures for both 
        domestic and foreign vessels fishing for these species;
            (3) coordinating positions with the United States 
        delegation for presentation to the appropriate international 
        fishery organization; and
            (4) recommending those domestic fishing regulations that 
        are consistent with the actions of the international fishery 
        organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.)

SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary and the United 
        States Commissioners, approve, disapprove, object to, or 
        withdraw objections to bylaws and rules, or amendments thereof, 
        adopted by the WCPFC Commission, and, with the concurrence of 
        the Secretary to approve or disapprove the general annual 
        program of the WCPFC Commission with respect to conservation 
        and management measures and other measures proposed or adopted 
        in accordance with the WCPFC Convention; and
            (3) act upon, or refer to other appropriate authority, any 
        communication referred to in paragraph (1).

SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--The Secretary, in consultation 
with the Secretary of the Department in which the Coast Guard is 
operating and the appropriate Regional Fishery Management Council, 
shall promulgate such regulations as may be necessary to carry out the 
United States international obligations under the WCPFC Convention and 
this title. The Secretary shall promulgate such regulations in 
accordance with the procedures established by the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
    (b) Additions to Fishery Regimes and Regulations.--The Secretary 
may promulgate regulations applicable to nationals or vessels of the 
United States, or both, which are in addition to, and not in conflict 
with, fishery conservation and management measures and regulations 
adopted under the WCPFC Convention.

SEC. 506. ENFORCEMENT.

    (a) In General.--The Secretary may--
            (1) administer and enforce this title and any regulations 
        issued under this title, including enforcement of any such 
        regulations within the boundaries of any State bordering on the 
        convention area;
            (2) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies in--
                    (A) the administration and enforcement of this 
                title; and
                    (B) the conduct of scientific, research, and other 
                programs under this title;
            (3) conduct fishing operations and biological experiments 
        for purposes of scientific investigation or other purposes 
        necessary to implement the WCPFC Convention;
            (4) collect, utilize, and disclose such information as may 
        be necessary to implement the WCPFC Convention, subject to 
        sections 552 and 552a of title 5, United States Code, and 
        section 402(b) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881a(b));
            (5) assess and collect fees to recover the costs of 
        implementing and enforcing this title, policy and rulemaking 
        activities, user information services, international activities 
        under this title, and the costs to the United States of 
        enforcing the WCPFC Convention, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this title; and
            (6) issue permits to owners and operators of United States 
        vessels to fish in the convention area seaward of the United 
        States Exclusive Economic Zone.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated into and 
made a part of this title.

SEC. 507. PENALTIES.

    This title shall be enforced by the Secretary as if a violation of 
this title or of any regulation promulgated by the Commission under 
this title were a violation of section 307 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857).

SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The United States Commissioners, through the Secretary 
of State and with the concurrence of the Secretary, institution, or 
organization concerned, may arrange for the cooperation of Federal 
agencies and of State and private institutions and organizations in 
carrying out responsibilities under the WCPFC Convention.
    (b) Scientific and Other Programs; Facilities and Personnel.--All 
Federal agencies are authorized, upon the request of the Secretary of 
Commerce Commission, to cooperate in the conduct of scientific and 
other programs and to furnish facilities and personnel for the purpose 
of assisting the Commission in carrying out its duties under the WCPFC 
Convention.

SEC. 509. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Northern 
Mariana Islands to the same extent provided to the territories of other 
nations.

SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary to carry out this title and to 
pay the United States' contribution to the Commission under section 5 
of part III of the WCPFC Convention.D23/

                       TITLE VI--PACIFIC WHITING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Pacific Whiting Act of 2005''.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Advisory panel.--The term ``advisory panel'' means the 
        Advisory Panel on Pacific Hake/Whiting established by the 
        Agreement.
            (2) Agreement.--The term ``Agreement'' means the Agreement 
        between the Government of the United States and the Government 
        of Canada on Pacific Hake/Whiting, signed at Seattle, 
        Washington, on November 21, 2003.
            (3) Catch.--The term ``catch'' means all fishery removals 
        from the offshore whiting resource, including landings, 
        discards, and bycatch in other fisheries.
            (4) Joint management committee.--The term ``joint 
        management committee'' means the joint management committee 
        established by the Agreement.
            (5) Joint technical committee.--The term ``joint technical 
        committee'' means the joint technical committee established by 
        the Agreement.
            (6) Offshore whiting resource.--The term ``offshore whiting 
        resource'' means the transboundary stock of Merluccius 
        productus that is located in the offshore waters of the United 
        States and Canada except in Puget Sound and the Strait of 
        Georgia.
            (7) Scientific review group.--The term ``scientific review 
        group'' means the scientific review group established by the 
        Agreement.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) United states section.--The term ``United States 
        Section'' means the United States representatives on the joint 
        management committee.

SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT COMMITTEE.

    (a) Representatives.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint 4 individuals to represent 
        the United States as the United States Section on the joint 
        management committee. In making the appointments, the Secretary 
        shall select representatives from among individuals who are 
        knowledgeable or experienced concerning the offshore whiting 
        resource. Of these--
                    (A) 1 shall be an official of the National Oceanic 
                and Atmospheric Administration;
                    (B) 1 shall be a member of the Pacific Fishery 
                Management Council, appointed with consideration given 
                to any recommendation provided by that Council;
                    (C) 1 shall be appointed from a list submitted by 
                the treaty Indian tribes with treaty fishing rights to 
                the offshore whiting resource; and
                    (D) 1 shall be appointed from the commercial sector 
                of the whiting fishing industry concerned with the 
                offshore whiting resource.
            (2) Term of office.--Each representative appointed under 
        paragraph (1) shall be appointed for a term not to exceed 4 
        years, except that, of the initial appointments, 2 
        representatives shall be appointed for terms of 2 years. Any 
        individual appointed to fill a vacancy occurring prior to the 
        expiration of the term of office of that individual's 
        predecessor shall be appointed for the remainder of that term. 
        A representative may be appointed for a term of less than 4 
        years if such term is necessary to ensure that the term of 
        office of not more than 2 representatives will expire in any 
        single year. An individual appointed to serve as a 
        representative is eligible for reappointment.
            (3) Chair.--Unless otherwise agreed by all of the 4 
        representatives, the chair shall rotate annually among the 4 
        members, with the order of rotation determined by lot at the 
        first meeting.
    (b) Alternate Representatives.--The Secretary, in consultation with 
the Secretary of State, may designate alternate representatives of the 
United States to serve on the joint management committee. An 
alternative representative may exercise, at any meeting of the 
committee, all the powers and duties of a representative in the absence 
of a duly designated representative for whatever reason.

SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC REVIEW GROUP.

    (a) In General.--The Secretary, in consultation with the Secretary 
of State, shall appoint no more than 2 scientific experts to serve on 
the scientific review group. An individual shall not be eligible to 
serve on the scientific review group while serving on the joint 
technical committee.
    (b) Term.--An individual appointed under subsection (a) shall be 
appointed for a term of not to exceed 4 years, but shall be eligible 
for reappointment. An individual appointed to fill a vacancy occurring 
prior to the expiration of a term of office of that individual's 
predecessor shall be appointed to serve for the remainder of that term.
    (c) Joint Appointments.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
may appoint to the scientific review group, from a list of names 
provided by the advisory panel --
            (1) up to 2 independent members of the scientific review 
        group; and
            (2) 2 public advisors.

SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.

    (a) Scientific Experts.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as scientific experts on the joint 
        technical committee, at least 1 of whom shall be an official of 
        the National Oceanic and Atmospheric Administration.
            (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.
    (b) Independent Member.--In addition to individuals appointed under 
subsection (a), the Secretary, jointly with the Government of Canada, 
shall appoint 1 independent member to the joint technical committee 
selected from a list of names provided by the advisory panel.

SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

    (a) In General.--
            (1) Appointment.--The Secretary, in consultation with the 
        Secretary of State, shall appoint at least 6 but not more than 
        12 individuals to serve as members of the advisory panel, 
        selected from among individuals who are--
                    (A) knowledgeable or experienced in the harvesting, 
                processing, marketing, management, conservation, or 
                research of the offshore whiting resource; and
                    (B) not employees of the United States.
            (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to exceed 4 
        years, but shall be eligible for reappointment. An individual 
        appointed to fill a vacancy occurring prior to the expiration 
        of the term of office of that individual's predecessor shall be 
        appointed for the remainder of that term.

SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

    (a) In General.--The Secretary is responsible for carrying out the 
Agreement and this title, including the authority, to be exercised in 
consultation with the Secretary of State, to accept or reject, on 
behalf of the United States, recommendations made by the joint 
management committee.
    (b) Regulations; Cooperation With Canadian Officials.--In 
exercising responsibilities under this title, the Secretary--
            (1) may promulgate such regulations as may be necessary to 
        carry out the purposes and objectives of the Agreement and this 
        title; and
            (2) with the concurrence of the Secretary of State, may 
        cooperate with officials of the Canadian Government duly 
        authorized to carry out the Agreement.

SEC. 608. RULEMAKING.

    (a) Application With Magnuson-Stevens Act.--The Secretary shall 
establish the United States catch level for Pacific whiting according 
to the standards and procedures of the Agreement and this title rather 
than under the standards and procedures of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the 
extent necessary to address the rebuilding needs of other species. 
Except for establishing the catch level, all other aspects of Pacific 
whiting management shall be--
            (1) subject to the Magnuson-Stevens Fishery Conservation 
        and Management Act; and
            (2) consistent with this title.
    (b) Joint Management Committee Recommendations.--For any year in 
which both parties to the Agreement approve recommendations made by the 
joint management committee with respect to the catch level, the 
Secretary shall implement the approved recommendations. Any regulation 
promulgated by the Secretary to implement any such recommendation shall 
apply, as necessary, to all persons and all vessels subject to the 
jurisdiction of the United States wherever located.
    (c) Years With No Approved Catch Recommendations.--If the parties 
to the Agreement do not approve the joint management committee's 
recommendation with respect to the catch level for any year, the 
Secretary shall establish the total allowable catch for Pacific whiting 
for the United States catch. In establishing the total allowable catch 
under this subsection, the Secretary shall--
            (1) take into account any recommendations from the Pacific 
        Fishery Management Council, the joint management committee, the 
        joint technical committee, the scientific review group, and the 
        advisory panel;
            (2) base the total allowable catch on the best scientific 
        information available;
            (3) use the default harvest rate set out in paragraph 1 of 
        Article III of the Agreement unless the Secretary determines 
        that the scientific evidence demonstrates that a different rate 
        is necessary to sustain the offshore whiting resource; and
            (4) establish the United State's share of the total 
        allowable catch based on paragraph 2 of Article III of the 
        Agreement and make any adjustments necessary under section 5 of 
        Article II of the Agreement.

SEC. 609. ADMINISTRATIVE MATTERS.

    (a) Employment Status.--Individuals serving as such Commissioners, 
other than officers or employees of the United States Government, shall 
be considered to be Federal employees while performing such service, 
only for purposes of--
            (1) injury compensation under chapter 81 of title 5, United 
        States Code;
            (2) tort claims liability as provided under chapter 171 of 
        title 28 United States Code;
            (3) requirements concerning ethics, conflicts of interest, 
        and corruption as provided under title 18, United States Code; 
        and
            (4) any other criminal or civil statute or regulation 
        governing the conduct of Federal employees.
    (b) Compensation.--
            (1) In general.--Except as provided in paragraph (2), an 
        individual appointed under this title shall receive no 
        compensation for the individual's service as a representative, 
        alternate representative, scientific expert, or advisory panel 
        member under this title.
            (2) Scientific review group.--Notwithstanding paragraph 
        (1), the Secretary may employ and fix the compensation of an 
        individual appointed under section 604(a) to serve as a 
        scientific expert on the scientific review group who is not 
        employed by the United States Government, a State government, 
        or an Indian tribal government in accordance with section 3109 
        of title 5, United States Code.
    (c) Travel Expenses.--Except as provided in subsection (d), the 
Secretary shall pay the necessary travel expenses of individuals 
appointed under this title in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 
title 5, United States Code.
    (d) Joint Appointees.--With respect to the 2 independent members of 
the scientific review group and the 2 public advisors to the scientific 
review group jointly appointed under section 604(c), and the 1 
independent member to the joint technical committee jointly appointed 
under section 605(b), the Secretary may pay up to 50 percent of--
            (1) any compensation paid to such individuals; and
            (2) the necessary travel expenses of such individuals.

SEC. 610. ENFORCEMENT.

    (a) In General.--The Secretary may--
            (1) administer and enforce this title and any regulations 
        issued under this title;
            (2) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies in the 
        administration and enforcement of this title; and
            (3) collect, utilize, and disclose such information as may 
        be necessary to implement the Agreement and this title, subject 
        to sections 552 and 552a of title 5, United States Code.
    (b) Prohibited Acts.--It is unlawful for any person to violate any 
provision of this title or the regulations promulgated under this 
title.
    (c) Actions by the Secretary.--The Secretary shall prevent any 
person from violating this title in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) were incorporated into 
and made a part of this title. Any person that violates any provision 
of this title is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act in the same manner, by the same means, 
and with the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated into and 
made a part of this title.
    (d) Penalties.--This title shall be enforced by the Secretary as if 
a violation of this title or of any regulation promulgated by the 
Secretary under this title were a violation of section 307 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857).

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out the obligations of the United States 
under the Agreement and this title.D23/
                                                       Calendar No. 389

109th CONGRESS

  2d Session

                                S. 2012

                          [Report No. 109-229]

_______________________________________________________________________

                                 A BILL

   To authorize appropriations to the Secretary of Commerce for the 
  Magnuson-Stevens Fishery Conservation and Management Act for fiscal 
            years 2006 through 2012, and for other purposes.

_______________________________________________________________________

                             April 4, 2006

                       Reported with an amendment