MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
MAGNUSON-STEVENS FISHERY CONSERVATION & MGT. ACT
Public Law 94–265, as amended
90 Stat. 331, as amended
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
265
119–60
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
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Magnuson-Stevens Fishery Conservation and Management Act
Magnuson Fishery Conservation and Management Act
Driftnet Act Amendments of 1990
Modernizing Recreational Fisheries Management Act of 2018
Don Young Coast Guard Authorization Act of 2022
1678
94
1976-04-13
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
[Public Law 94–265, Approved Apr. 13, 1976, 90 Stat. 331]
[As Amended Through P.L. 119–60, Enacted December 18, 2025]
[Currency: This publication is a compilation of the text of Public Law 94–265. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To provide for the conservation and management of the fisheries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That [16 U.S.C. 1801 note] this Act may be cited as the “Magnuson-Stevens Fishery Conservation and Management Act”.

TABLE OF CONTENTS
Sec. 2.
Findings, purposes, and policy.
Sec. 3.
Definitions.
[ Sec. 4. Authorization of appropriations.1 ]
^1
The item in the table of contents for section 4 does not appear in law and is only included for the convenience of the reader.
TITLE I—
UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES
Sec. 101.
United States sovereign rights to fish and fishery management authority.
Sec. 102.
Highly migratory species.
TITLE II—
FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 201.
Foreign fishing.
Sec. 202.
International fishery agreements.
Sec. 203.
Congressional oversight of governing International fishery agreements.2
^2
This item does not conform with the heading of such section.
Sec. 204.
Permits for foreign fishing.
Sec. 205.
Import prohibitions.
Sec. 206.
Large-scale driftnet fishing.
[ Sec. 207. International monitoring and compliance.3 ]
^3
The item in the table of contents for section 207 does not appear in law and is only included for the convenience of the reader.
TITLE III—
NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 301.
National standards for fishery conservation and management.
Sec. 302.
Regional fishery management councils.
Sec. 303.
Contents of fishery management plans.
Sec. 304.
Action by the Secretary.
Sec. 305.
Other requirements and authority.
Sec. 306.
State jurisdiction.
Sec. 307.
Prohibited acts.
Sec. 308.
Civil penalties and permit sanctions.
Sec. 309.
Criminal offenses.
Sec. 310.
Civil forfeitures.
Sec. 311.
Enforcement.
Sec. 312.
Transition to sustainable fisheries.
Sec. 313.
North Pacific fisheries conservation.
Sec. 314.
Northwest Atlantic Ocean fisheries reinvestment program.
Sec. 315.
Regional Coastal Disaster Assistance, Transition, and Recovery Program.
Sec. 316.
Bycatch Reduction Engineering Program.
Sec. 317.
Shark Feeding.
Sec. 318.
Cooperative Research and Management Program.
Sec. 319.
Herring Study.
Sec. 320.
Restoration Study.
Sec. 321.
Required possession of descending devices.4
^4
Effective on January 13, 2026, section 3(e)(1) of Public Law 116-340 provides for an amendment to repeal the item relating to section 321.
TITLE IV—
FISHERY MONITORING AND RESEARCH
Sec. 401.
Registration and information management.
Sec. 402.
Information collection.
Sec. 403.
Observers.
Sec. 404.
Fisheries research.
Sec. 405.
Incidental harvest research.
Sec. 406.
Fisheries systems research.
Sec. 407.
Gulf of Mexico red snapper research.
[ Sec. 408. Deep sea coral research and technology program.5 ]
^5
The item in the table of contents for section 408 does not appear in law and is only included for the convenience of the reader.
SEC. 2.
[16 U.S.C. 1801]

FINDINGS, PURPOSES AND POLICY.
(a)

Findings.—
The Congress finds and declares the following:
(1)
The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2)
Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3)
Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4)
International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effective international agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented.
(5)
Fishery resources are finite but renewable. If placed under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained so as to provide optimum yields on a continuing basis.
(6)
A national program for the conservation and management of the fishery resources of the United States is necessary to prevent overfishing, to rebuild overfished stocks, to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation's fishery resources.
(7)
A national program for the development of fisheries which are underutilized or not utilized by the United States fishing industry, including bottom fish off Alaska, is necessary to assure that our citizens benefit from the employment, food supply, and revenue which could be generated thereby.
(8)
The collection of reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources of the United States.
(9)
One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States.
(10)
Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries resources important in sustaining their economic growth.
(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.
(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.
(13)
While both provide significant cultural and economic benefits to the Nation, recreational fishing and commercial fishing are different activities. Therefore, science-based conservation and management approaches should be adapted to the characteristics of each sector.
(b)

Purposes.—
It is therefore declared to be the purposes of the Congress in this Act—
(1)
to take immediate action to conserve and manage the fishery resources found off the coasts of the United States, and the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources6;
^6
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(a) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 62) amends paragraph (1) by inserting “, and fishery resources in the special areas” before the semicolon at the end.
(2)
to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to encourage the negotiation and implementation of additional such agreements as necessary;
(3)
to promote domestic commercial and recreational fishing under sound conservation and management principles, including the promotion of catch and release programs in recreational fishing;
(4)
to provide for the preparation and implementation, in accordance with national standards, of fishery management plans which will achieve and maintain, on a continuing basis, the optimum yield from each fishery;
(5)
to establish Regional Fishery Management Councils to exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances (A) which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans, and (B) which take into account the social and economic needs of the States;
(6)
to encourage the development by the United States fishing industry of fisheries which are currently underutilized or not utilized by United States fishermen, including bottom fish off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful manner; and
(7)
to promote the protection of essential fish habitat in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat.
(c)

Policy.—
It is further declared to be the policy of the Congress in this Act—
(1)
to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources, as provided for in this Act;
(2)
to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary for the conservation and management of fishery resources, as provided for in this Act;
(3)
to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the needs of, interested and affected States and citizens; considers efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and enforcement; considers the effects of fishing on immature fish and encourages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective;
(4)
to permit foreign fishing consistent with the provisions of this Act;
(5)
to support and encourage active United States efforts to obtain internationally acceptable agreements which provide for effective conservation and management of fishery resources, and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation;
(6)
to foster and maintain the diversity of fisheries in the United States; and
(7)
to ensure that the fishery resources adjacent to a Pacific Insular Area, including resident or migratory stocks within the exclusive economic zone adjacent to such areas, be explored, developed, conserved, and managed for the benefit of the people of such area and of the United States.
SEC. 3.
[16 U.S.C. 1802]

DEFINITIONS.
As used in this Act, unless the context otherwise requires—
(1)
The term “anadromous species” means species of fish which spawn in fresh or estuarine waters of the United States and which migrate to ocean waters.
(2)
The term “bycatch” means fish which are harvested in a fishery, but which are not sold or kept for personal use, and includes economic discards and regulatory discards. Such term does not include fish released alive under a recreational catch and release fishery management program.
(3)
The term “charter fishing” means fishing from a vessel carrying a passenger for hire (as defined in section 2101 of title 46, United States Code) who is engaged in recreational fishing.
(4)
The term “commercial fishing” means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter or trade.
(5)
The term “conservation and management” refers to all of the rules, regulations, conditions, methods, and other measures (A) which are required to rebuild, restore, or maintain, and which are useful in rebuilding, restoring, or maintaining, any fishery resource and the marine environment; and (B) which are designed to assure that—
(i)
a supply of food and other products may be taken, and that recreational benefits may be obtained, on a continuing basis;
(ii)
irreversible or long-term adverse effects on fishery resources and the marine environment are avoided; and
(iii)
there will be a multiplicity of options available with respect to future uses of these resources.
(6)
The term “Continental Shelf” means the seabed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea, of the United States, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of such areas.
(7)7
The term “Continental Shelf fishery resources” means the following:
^7
The law as enacted for all list item headings contained in paragraph (7) as appear with the first letter of such heading in initial capitalization with the rest of the letters appearing in all small capital letters.
Colenterata8
- Bamboo Coral—Acanella spp.;
- Black Coral—Antipathes spp.;
- Gold Coral—Callogorgia spp.;
- Precious Red Coral—Corallium spp.;
- Bamboo Coral—Keratoisis spp.; and
- Gold Coral—Parazoanthus spp.
^8
Section 102(2)(A) of P.L. 104–297 (110 Stat. 3561) sought to amend this paragraph, as redesignated, by striking “COELENTERATA” from the heading of the list of corals and inserting “CNIDARIA”. Because of the use of incorrect spelling, typeface, and capitalization in describing the text to be struck, the amendment could not be executed.
Crustacea
- Tanner Crab—Chionoecetes tanneri;
- Tanner Crab—Chionoecetes opilio;
- Tanner Crab—Chionoecetes angulatus;
- Tanner Crab—Chionoecetes bairdi;
- King Crab—Paralithodes camtschatica;
- King Crab—Paralithodes platypus;
- King Crab—Paralithodes brevipes;
- Lobster—Homarus americanus;
- Dungeness Crab—Cancer magister;
- California King Crab—Paralithodes californiensis;
- California King Crab—Paralithodes rathbuni;
- Golden King Crab—Lithodes aequispinus;
- Northern Stone Crab—Lithodes maja;
- Stone Crab—Menippe mercenaria; and
- Deep-sea Red Crab—Chaceon quinquedens.
Mollusks
- Red Abalone—Haliotis rufescens;
- Pink Abalone—Haliotis corrugata;
- Japanese Abalone—Haliotis kamtschatkana;
- Queen Conch—Strombus gigas;
- Surf Clam—Spisula solidissima, and
- Ocean Quahog—Arctica islandica.
Sponges
- Glove Sponge—Spongia cheiris
- Sheepswool Sponge—Hippiospongia lachne;
- Grass Sponge—Spongia graminea; and
- Yellow Sponge—Spongia barbera.
If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary species are, at the harvestable stage, either—
(A)
immobile on or under the seabed, or
(B)
unable to move except in constant physical contact with the seabed or subsoil,
of the Continental Shelf which appertains to the United States, and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to the foregoing list and included in such term for purposes of this Act.
(8)
The term “Council” means any Regional Fishery Management Council established under section 302.
(9)
The term “economic discards” means fish which are the target of a fishery, but which are not retained because they are of an undesirable size, sex, or quality, or for other economic reasons.
(10)
The term “essential fish habitat” means those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity.
(11)
The term “exclusive economic zone” means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this Act, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.
(12)
The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
(13)
The term “fishery” means—
(A)
one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and
(B)
any fishing for such stocks.
(14)
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.
(15)
The term “fishery resource” means any fishery, any stock of fish, any species of fish, and any habitat of fish.
(16)
The term “fishing” means—
(A)
the catching, taking, or harvesting of fish;
(B)
the attempted catching, taking, or harvesting of fish;
(C)
any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or
(D)
any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).
Such term does not include any scientific research activity which is conducted by a scientific research vessel.
(17)
The term “fishing community” means a community which is substantially dependent on or substantially engaged in the harvest or processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based in such community.
(18)
The term “fishing vessel” means any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for—
(A)
fishing; or
(B)
aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing.
(19)
The term “foreign fishing” means fishing by a vessel other than a vessel of the United States.
(20)
The term “high seas” means all waters beyond the territorial sea of the United States and beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States.
(21)
The term “highly migratory species” means tuna species, marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius).
(22)
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.
(23)
The term “individual fishing quota” means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 305(i).
(24)
The term “international fishery agreement” means any bilateral or multilateral treaty, convention, or agreement which relates to fishing and to which the United States is a party.
(25)
The term “large-scale driftnet fishing” means a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more, or with a mesh size of 14 inches or greater, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
(26)
The term “limited access privilege”—
(A)
means a Federal permit, issued as part of a limited access system under section 303A to harvest a quantity of fish expressed by a unit or units representing a portion of the total allowable catch of the fishery that may be received or held for exclusive use by a person; and
(B)
includes an individual fishing quota; but
(C)
does not include community development quotas as described in section 305(i).
(27)
The term “limited access system” means a system that limits participation in a fishery to those satisfying certain eligibility criteria or requirements contained in a fishery management plan or associated regulation.
(28)
The term “Marine Fisheries Commission” means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific Marine Fisheries Commission.
(29)
The term “migratory range” means the maximum area at a given time of the year within which fish of an anadromous species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, or other reliable scientific information, except that the term does not include any part of such area which is in the waters of a foreign nation.
(30)
The term “national standards” means the national standards for fishery conservation and management set forth in section 301.
(31)
The term “observer” means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act.
(32)
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.
(33)
The term “optimum”, with respect to the yield from a fishery, means the amount of fish which—
(A)
will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems;
(B)
is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant social, economic, or ecological factor; and
(C)
in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.
(34)
The terms “overfishing” and “overfished” mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.
(35)
The term “Pacific Insular Area” means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll.
(36)
The term “person” means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.
(37)
The term “recreational fishing” means fishing for sport or pleasure.
(38)
The term “regulatory discards” means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell.
(39)
The term “Secretary” means the Secretary of Commerce or his designee.
(40)9
The term “special areas” means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.
^9
Section 3(40) was added (as paragraph (24)) by section 301(b)(2) of Public Law 102–251, redesignated by various sections of Public Law 104–297, and made effective by section 405(a) of Public Law 104–297.
(41)10
The term “special areas” means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990. In particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.
^{10}
Section 3(41) was added by section 102(10) of P.L. 104–297. It is substantially identical to section 3(35).
(42)
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States.
(43)
The term “stock of fish” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.
(44)
The term “treaty” means any international fishery agreement which is a treaty within the meaning of section 2 of article II of the Constitution.
(45)
The term “tuna species” means the following:
Albacore Tuna—Thunnus alalunga;
Bigeye Tuna—Thunnus obesus;
Bluefin Tuna—Thunnus thynnus;
Skipjack Tuna—Katsuwonus pelamis; and
Yellowfin Tuna—Thunnus albacares.
(46)
The term “United States”, when used in a geographical context, means all the States thereof.
(47)
The term “United States fish processors” means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption.
(48)
The term “United States harvested fish” means fish caught, taken, or harvested by vessels of the United States within any fishery for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under section 201(h) has been implemented 11.
^{11}
Section 102(11) of P.L. 104–297 (110 Stat. 3563) sought to amend paragraph (48) (as redesignated) by striking “for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under section 201(g) has been implemented” and inserting “regulated under this Act”. The amendment cannot be executed because it should have been made to paragraph (43), as redesignated.
(49)
The term “vessel subject to the jurisdiction of the United States” has the same meaning such term has in section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
(50)
The term “vessel of the United States” means—
(A)
any vessel documented under chapter 121 of title 46, United States Code;
(B)
any vessel numbered in accordance with chapter 123 of title 46, United States Code, and measuring less than 5 net tons;
(C)
any vessel numbered in accordance with chapter 123 of title 46, United States Code, and used exclusively for pleasure; or
(D)
any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.
(33)12
The term “waters of a foreign nation” means any part of the territorial sea or exclusive economic zone (or the equivalent) of a foreign nation, to the extent such territorial sea or exclusive economic zone is recognized by the United States.
^{12}
So in law. Probably should have been redesignated as paragraph (46) by section 102 of P.L. 104–297.
SEC. 4.
[16 U.S.C. 1803]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry out the provisions of this Act—
(1)
$337,844,000 for fiscal year 2007;
(2)
$347,684,000 for fiscal year 2008;
(3)
$357,524,000 for fiscal year 2009;
(4)
$367,364,000 for fiscal year 2010;
(5)
$377,204,000 for fiscal year 2011;
(6)
$387,044,000 for fiscal year 2012; and
(7)
$396,875,000 for fiscal year 2013.
TITLE I—

UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES
SEC. 101.
[16 U.S.C. 1811]

UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY MANAGEMENT AUTHORITY.
(a)

In the Exclusive Economic Zone.—
Except as provided in section 102, the United States claims, and will exercise in the manner provided for in this Act, sovereign rights and exclusive fishery management authority over all fish, and all Continental Shelf fishery resources, within the exclusive economic zone 13.
^{13}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(c)(1) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 62) amends this subsection by inserting “and special areas” before the period at the end.
(b)

Beyond the Exclusive Economic Zone.—
The United States claims, and will exercise in the manner provided for in this Act, exclusive fishery management authority over the following:
(1)
All anadromous species throughout the migratory range of each such species beyond the exclusive economic zone; except that that management authority does not extend to any such species during the time they are found within any waters of a foreign nation.
(2)
All Continental Shelf fishery resources beyond the exclusive economic zone.14
^{14}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(c)(2) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 63) amends this subsection by inserting after paragraph (2) the following:
``(3) All fishery resources in the special areas.''
SEC. 102.
[16 U.S.C. 1812]

HIGHLY MIGRATORY SPECIES.
(a)

In General.—
The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum yield of such species throughout their range, both within and beyond the exclusive economic zone.
(b)

Traditional Participation.—
In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States.
(c)

Promotion of Stock Management.—
If a relevant 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.
TITLE II—

FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
SEC. 201.
[16 U.S.C. 1821]

FOREIGN FISHING.
(a)

In General.—
After February 28, 1977, no foreign fishing is authorized within the exclusive economic zone, or for anadromous species or Continental Shelf fishery resources beyond the exclusive economic zone 15, unless such foreign fishing—
^{15}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(d)(1) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 63) provides the following amendments:
(d) Foreign Fishing.—Section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821) is amended—
(1) in subsection (a)—
(A) by inserting “within the special areas,” immediately before “or for anadromous species”; and
(B) by striking “beyond the exclusive economic zone” and inserting in lieu thereof “beyond such zone or areas”;
(1)
is authorized under subsections (b) or (c) or section 204(e), or under a permit issued under section 204(d);
(2)
is not prohibited under subsection (f); and
(3)
is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204.
(b)

Existing International Fishery Agreements.—
Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 202(b) or (c)), if such agreement—
(1)
was in effect on the date of enactment of this Act; and
(2)
has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States.
(c)

Governing International Fishery Agreements.—
Foreign fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred to as a “governing international fishery agreement”. Each governing international fishery agreement shall acknowledge the exclusive fishery management authority of the United States, as set forth in this Act. It is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions:
(1)
The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan.
(2)
The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that—
(A)
any officer authorized to enforce the provisions of this Act (as provided for in section 311) be permitted—
(i)
to board, and search or inspect, any such vessel at any time,
(ii)
to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 307, and
(iii)
to examine and make notations on the permit issued pursuant to section 204 for such vessel;
(B)
the permit issued for any such vessel pursuant to section 204 be prominently displayed in the wheelhouse of such vessel;
(C)
transponders, or such other appropriate position-fixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines to be appropriate, be installed and maintained in working order on each such vessel;
(D)
United States observers required under subsection (h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel;
(E)
any fees required under section 204(b)(10) be paid in advance;
(F)
agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and
(G)
responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation;
and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement.
(3)
The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, harvest an amount of fish which exceeds such nation's allocation of the total allowable level of foreign fishing, as determined under subsection (e).
(4)
The foreign nation will—
(A)
apply, pursuant to section 204, for any required permits;
(B)
deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under that section for such vessel;
(C)
abide by, and take appropriate steps under its own laws to assure that all such owners and operators comply with, section 204(a) and the applicable conditions and restrictions established under section 204(b)(7); and
(D)
take, or refrain from taking, as appropriate, actions of the kind referred to in subsection (e)(1) in order to receive favorable allocations under such subsection.
(d)

Total Allowable Level of Foreign Fishing.—
The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, is that portion of the optimum yield of such fishery which cannot, or will not, be harvested by vessels of the United States, as determined in accordance with this Act. Allocations of the total allowable level of foreign fishing are discretionary, except that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or excess domestic harvest capacity.
(e)

Allocation of Allowable Level.—
(1)
(A)
The Secretary of State, in cooperation with the Secretary, may make allocations to foreign nations from the total allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States.
(B)
From the determinations made under subparagraph (A), the Secretary of State shall compute the aggregate of all of the fishery allocations made to each foreign nation.
(C)
The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparagraph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State.
(D)
After the initial release of fishery allocations under subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall only be made—
(i)
after the lapse of such period of time as may be sufficient for purposes of making the determination required under clause (ii); and
(ii)
if the Secretary of State and the Secretary, after taking into account the size of the allocation for such fishery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or (II) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation.
(E)
The determinations required to be made under subparagraphs (A) and (D)(ii), and the apportionments required to be made under subparagraph (C), with respect to a foreign nation shall be based on—
(i)
whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of both United States fish and fishery products, particularly fish and fishery products for which the foreign nation has requested an allocation;
(ii)
whether, and to what extent, such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors, and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation;
(iii)
whether, and to what extent, such nation and the fishing fleets of such nation have cooperated with the United States in the enforcement of United States fishing regulations;
(iv)
whether, and to what extent, such nation requires the fish harvested from the exclusive economic zone 16 for its domestic consumption;
^{16}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(d)(2) of Public Law 102–251, sought to insert “or special areas” after “exclusive economic zone” in section 201(e)(1)(E)(IV). The amendment probably should have been made to section 201(e)(1)(E)(iv) and cannot be executed.
(v)
whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing operations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry;
(vi)
whether, and to what extent, the fishing vessels of such nation have traditionally engaged in fishing in such fishery;
(vii)
whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and
(viii)
such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.
(2)
(A)
For the purposes of this paragraph—
(i)
The term “certification” means a certification made by the Secretary that nationals of a foreign country, directly or indirectly, are conducting fishing operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling. A certification under this section shall also be deemed a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
(ii)
The term “remedial period” means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country.
(B)
If the Secretary issues a certification with respect to any foreign country, then each allocation under paragraph (1) that—
(i)
is in effect for that foreign country on the date of issuance; or
(ii)
is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the remedial period;
shall be reduced by the Secretary of State, in consultation with the Secretary, by not less than 50 percent.
(C)
The following apply for purposes of administering subparagraph (B) with respect to any foreign country:
(i)
If on the date of certification, the foreign country has harvested a portion, but not all, of the quantity of fish specified under any allocation, the reduction under subparagraph (B) for that allocation shall be applied with respect to the quantity not harvested as of such date.
(ii)
If the Secretary notified the Secretary of State that it is not likely that the certification of the foreign country will be terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the period for which an allocation is applicable or before the close of the remedial period (whichever close first occurs) the Secretary of State, in consultation with the Secretary, shall reallocate any portion of any reduction made under subparagraph (B) among one or more foreign countries for which no certification is in effect.
(iii)
If the certification is terminated under such section 8(d) during the remedial period, the Secretary of State shall return to the foreign country that portion of any allocation reduced under subparagraph (B) that was not reallocated under clause (ii); unless the harvesting of the fish covered by the allocation is otherwise prohibited under this Act.
(iv)
The Secretary may refund or credit, by reason of reduction of any allocation under this paragraph, any fee paid under section 204.
(D)
If the certification of a foreign country is not terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the last day of the remedial period, the Secretary of State—
(i)
with respect to any allocation made to that country and in effect (as reduced under subparagraph (B)) on such last day, shall rescind, effective on and after the day after such last day, any unharvested portion of such allocation; and
(ii)
may not thereafter make any allocation to that country under paragraph (1) until the certification is terminated.
(f)

Reciprocity.—
Foreign fishing shall not be authorized for the fishing vessels of any foreign nation unless such nation satisfies the Secretary and the Secretary of State that such nation extends substantially the same fishing privileges to fishing vessels of the United States, if any, as the United States extends to foreign fishing vessels.
(g)

Preliminary Fishery Management Plans.—
The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 204(b), shall prepare a preliminary fishery management plan for any fishery covered by such application if the Secretary determines that no fishery management plan for that fishery will be prepared and implemented, pursuant to title III, before March 1, 1977. To the extent practicable, each such plan—
(1)
shall contain a preliminary description of the fishery and a preliminary determination as to—
(A)
the optimum yield from such fishery;
(B)
when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and
(C)
the total allowable level of foreign fishing with respect to such fishery;
(2)
shall require each foreign fishing vessel engaged or wishing to engage in such fishery to obtain a permit from the Secretary;
(3)
shall require the submission of pertinent data to the Secretary, with respect to such fishery, as described in section 303(a)(5); and
(4)
may, to the extent necessary to prevent irreversible effects from overfishing, with respect to such fishery, contain conservation and management measures applicable to foreign fishing which—
(A)
are determined to be necessary and appropriate for the conservation and management of such fishery,
(B)
are consistent with the national standards, the other provisions of this Act, and other applicable law, and
(C)
are described in section 303(b)(2), (3), (4), (5), and (7).
Each preliminary fishery management plan shall be in effect with respect to foreign fishing for which permits have been issued until a fishery management plan is prepared and implemented, pursuant to title III, with respect to such fishery. The Secretary may, in accordance with section 553 of title 5, United States Code, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to section 305.
(h)

Full Observer Coverage Program.—
(1)
(A)
Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone 17.
^{17}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(d)(3)(A) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 63) amends paragraph (1)(A) by inserting “or special areas” before the period at the end. Section 301(d)(3)(B) of such Act amends paragraph (2)(A) by inserting “or special areas” after “exclusive economic zone”.
(B)
The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers.
(2)
The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that—
(A)
in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone 17 to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with;
(B)18
in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established an observer coverage program 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;
^{18}
Margin so in law.
(C)
the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone or special areas will be of such short duration that the placing of a United States observer aboard the vessel would be impractical; or
(D)
for reasons beyond the control of the Secretary, an observer is not available.
(3)
Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act; and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate.
(4)
In addition to any fee imposed under section 204(b)(10) of this Act and section 10(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 204, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 204(b)(10). All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5).
(5)
There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(6)
If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program:
(A)
certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3);
(B)
establish standards of conduct for certified observers equivalent to those applicable to Federal personnel;
(C)
establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and
(D)
monitor the performance of observers to ensure that it meets the purposes of this Act.
(i)

Recreational Fishing.—
Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the exclusive economic zone 19 and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Secretary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone 19 or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 304. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection.
^{19}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(d)(4) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 63) amends this subsection (before its redesignation by P.L. 104–297) as follows:
(4) in subsection (j)—
(A) by inserting “, special areas,” immediately after “exclusive economic zone”; and
(B) by inserting “, areas,” immediately after “such zone”.
SEC. 202.
[16 U.S.C. 1822]

INTERNATIONAL FISHERY AGREEMENTS.
(a)

Negotiations.—
The Secretary of State—
(1)
shall renegotiate treaties as provided for in subsection (b);
(2)
shall negotiate governing international fishery agreements described in section 201(c);
(3)
may negotiate boundary agreements as provided for in subsection (d);
(4)
shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements—
(A)
which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and
(B)
which provide for the conservation and management of anadromous species and highly migratory species; and
(5)
may enter into such other negotiations, not prohibited by subsection (c), as may be necessary and appropriate to further the purposes, policy, and provisions of this Act.
(b)

Treaty Renegotiation.—
The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after the date of enactment of this Act, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977)20, or for anadromous species or Continental Shelf fishery resources beyond such zone or area 20, and which is in any manner inconsistent with the purposes, policy, or provisions of this Act, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after such date of enactment.
^{20}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(e) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 63) amends subsections (b) and (c) as follows:
(e) International Fishery Agreements.—Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended—
(1) in subsection (b)—
(A) by inserting “or special areas” immediately after “February 28, 1977)”; and
(B) by striking “such zone or area” and inserting in lieu thereof “such zone or areas”;
(2) in subsection (c)—
(A) by inserting “or special areas” immediately after “February 28, 1977)”; and
(B) by striking “such zone or area” and inserting in lieu thereof “such zone or areas”; and
(c)

International Fishery Agreements.—
No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977)20, or for anadromous species or Continental Shelf fishery resources beyond such zone or area 20—
(1)
which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended; or
(2)
may be entered into after May 31, 1976;
by the United States unless it is in accordance with the provisions of section 201(c) or section 204(e).
(d)

Boundary Negotiations.—
The Secretary of State, in cooperation with the Secretary, may initiate and conduct negotiations with any adjacent or opposite foreign nation to establish the boundaries of the exclusive economic zone of the United States in relation to any such nation.
(e)

Highly Migratory Species Agreements.—
(1)

Evaluation.—
The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider whether the agreement provides for—
(A)
the collection and analysis of necessary information for effectively managing the fishery, including but not limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future condition of any stock of fish involved;
(B)
the establishment of measures applicable to the fishery which are necessary and appropriate for the conservation and management of the fishery resource involved;
(C)
equitable arrangements which provide fishing vessels of the United States with (i) access to the highly migratory species that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the traditional participation by such vessels in the fishery;
(D)
effective enforcement of conservation and management measures and access arrangements throughout the area of jurisdiction; and
(E)
sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assessments of the benefits derived by participating nations.
(2)

Access negotiations.—
The Secretary of State, in cooperation with the Secretary, shall initiate negotiations with respect to obtaining access for vessels of the United States fishing for tuna species within the exclusive economic zones of other nations on reasonable terms and conditions.
(3)

Reports.—
The Secretary of State shall report to the Congress—
(A)
within 12 months after the date of enactment of this subsection, on the results of the evaluation required under paragraph (1), together with recommendations for addressing any inadequacies identified; and
(B)
within six months after such date of enactment, on the results of the access negotiations required under paragraph (2).
(4)

Negotiation.—
The Secretary of State, in consultation with the Secretary, shall undertake such negotiations with respect to international fishery agreements on highly migratory species as are necessary to correct inadequacies identified as a result of the evaluation conducted under paragraph (1).
(5)

South pacific tuna treaty.—
It is the sense of the Congress that the United States Government shall, at the earliest opportunity, begin negotiations for the purpose of extending the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable to vessels of the United States and the United States Government.
(f)

Nonrecognition.—
It is the sense of the Congress that the United States Government shall not recognize the claim of any foreign nation to an exclusive economic zone (or the equivalent) beyond such nation's territorial sea, to the extent that such sea is recognized by the United States, if such nation—
(1)
fails to consider and take into account traditional fishing activity of fishing vessels of the United States;
(2)
fails to recognize and accept that highly migratory species are to be managed by applicable international fishery agreements, whether or not such nation is a party to any such agreement; or
(3)
imposes on fishing vessels of the United States any conditions or restrictions which are unrelated to fishery conservation and management.
(g)

Fishery Agreement With Union of Soviet Socialist Republics.—
(1)
The Secretary of State, in consultation with the Secretary, is authorized to negotiate and conclude a fishery agreement with Russia of a duration of no more than 3 years, pursuant to which—
(A)
Russia will give United States fishing vessels the opportunity to conduct traditional fisheries within waters claimed by the United States prior to the conclusion of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, west of the maritime boundary, including the western special area described in Article 3(2) of the Agreement;
(B)
the United States will give fishing vessels of Russia the opportunity to conduct traditional fisheries within waters claimed by the Union of Soviet Socialist Republics prior to the conclusion of the Agreement referred to in subparagraph (A), east of the maritime boundary, including the eastern special areas described in Article 3(1) of the Agreement;
(C)
catch data shall be made available to the government of the country exercising fisheries jurisdiction over the waters in which the catch occurred; and
(D)
each country shall have the right to place observers on board vessels of the other country and to board and inspect such vessels.
(2)
Vessels operating under a fishery agreement negotiated and concluded pursuant to paragraph (1) shall be subject to regulations and permit requirements of the country in whose waters the fisheries are conducted only to the extent such regulations and permit requirements are specified in that agreement.
(3)
The Secretary of Commerce may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out the provisions of any fishery agreement negotiated and concluded pursuant to paragraph (1).
(h)

Bycatch Reduction Agreements.—
(1)
The Secretary of State, in cooperation with the Secretary, shall seek to secure an international agreement to establish standards and measures for bycatch reduction that are comparable to the standards and measures applicable to United States fishermen for such purposes in any fishery regulated pursuant to this Act for which the Secretary, in consultation with the Secretary of State, determines that such an international agreement is necessary and appropriate.
(2)
An international agreement negotiated under this subsection shall be—
(A)
consistent with the policies and purposes of this Act; and
(B)
subject to approval by Congress under section 203.
SEC. 203.
[16 U.S.C. 1823]

CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY AGREEMENTS.
(a)

In General.—
No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
(b)

Referral to Committees.—
Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries 21, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
^{21}
The Committee on Merchant Marine and Fisheries of the House of Representatives was abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. The former jurisdiction of such committee is divided among the Committee on Resources, the Committee on Transportation and Infrastructure, and the Committee on Armed Services of the House of Representatives.
(c)

Congressional Procedures.—
(1)

Rules of the house of representative and senate.—
The provisions of this section are enacted by the Congress—
(A)
as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
(B)
with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.
(2)

Definition.—
For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—
(A)
the effect of which is to prohibit the entering into force and effect of any governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement the texst of which is transmitted to the Congress pursuant to subsection (a); and
(B)
which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives 22 or the Committee on Commerce, Science, and Transportation or the Committee on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in subsection (a) relating to that agreement is transmitted to the Congress.
^{22}
The Committee on Merchant Marine and Fisheries of the House of Representatives was abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. The former jurisdiction of such committee is divided among the Committee on Resources, the Committee on Transportation and Infrastructure, and the Committee on Armed Services of the House of Representatives.
(3)

Placement on calendar.—
Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.
(4)

Floor consideration in the house.—
(A)
A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)
Debate in the House of Representatives on any fishery agreement resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.
(C)
Motions to postpone, made in the House of Representatives with respect to the consideration of any fishery agreement resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(D)
All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.
(E)
Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
(5)

Floor consideration in the senate.—
(A)
A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)
Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(C)
Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement resolution.
(D)
A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.
SEC. 204.
[16 U.S.C. 1824]

PERMITS FOR FOREIGN FISHING.
(a)

In General.—
After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone,23 or for anadromous species or Continental Shelf fishery resources beyond such zone 23, unless such vessel has on board a valid permit issued under this section for such vessel.
^{23}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(f) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 64) amends this subsection as follows:
(f) Permits for Foreign Fishing.—Section 204(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(a)) is amended—
(1) by inserting “within the special areas,” immediately before “or for anadromous species”; and
(2) by inserting “or areas” immediately after “such zone”.
(b)

Applications and Permits Under Governing International Fishery Agreements.—
(1)

Eligibility.—
Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a). No permit issued under this section may be valid for longer than a year; and section 558(c) of title 5, United States Code, does not apply to the renewal of any such permit.
(2)

Forms.—
The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.
(3)

Contents.—
Any application made under this subsection shall specify—
(A)
the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof;
(B)
the tonnage, hold capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;
(C)
each fishery in which each such vessel wishes to fish;
(D)
the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;
(E)
the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States;
(F)
the ocean area in which, and the season or period during which, such fishing will be conducted; and
(G)
all applicable vessel safety standards imposed by the foreign country, and shall include written certification that the vessel is in compliance with those standards;
and shall include any other pertinent information and material which the Secretary may require.
(4)

Transmittal for action.—
Upon receipt of any application which complies with the requirements of paragraph (3), the Secretary of State shall publish a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in paragraph (3). The Secretary of State shall promptly transmit—
(A)
such application, together with his comments and recommendations thereon, to the Secretary;
(B)
a copy of the application to the Secretary of the department in which the Coast Guard is operating; and
(C)
a copy or a summary of the application to the appropriate Council.
(5)

Action by council.—
After receiving a copy or summary of an application under paragraph (4)(C), the Council may prepare and submit to the Secretary such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary.
(6)

Approval.—
(A)
After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard is operating. The Secretary after taking into consideration the views and recommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve, subject to subparagraph (B), the application, if he determines that the fishing described in the application will meet the requirements of this Act, or he may disapprove all or any portion of the application.
(B)
(i)
In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.
(ii)
The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by United States fish processors.
(iii)
In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.
(7)

Establishment of conditions and restrictions.—
The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved under paragraph (6) or subsection (d) and which must be complied with by the owner or operator of the fishing vessel for which the permit is issued. Such conditions and restrictions shall include the following:
(A)
All of the requirements of any applicable fishery management plan, or preliminary fishery management plan, and any applicable Federal or State fishing regulations.
(B)
The requirement that no permit may be used by any vessel other than the fishing vessel for which it is issued.
(C)
The requirements described in section 201(c)(1), (2), and (3).
(D)
If the permit is issued other than pursuant to an application approved under paragraph (6)(B) or subsection (d), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels of the United States.
(E)
If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.
(F)
Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate.
(8)

Notice of approval.—
The Secretary shall promptly transmit a copy of each application approved under paragraph (6) and the conditions and restrictions established under paragraph (7) to—
(A)
the Secretary of State for transmittal to the foreign nation involved;
(B)
the Secretary of the department in which the Coast Guard is operating; and
(C)
any Council which has authority over any fishery specified in such application.
(9)

Disapproval of applications.—
If the Secretary does not approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reasons therefore. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection.
(10)

Fees.—
(A)
Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit has been issued pursuant to this section. The Secretary, in consultation with the Secretary of State, shall establish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation.
(B)
Amounts collected by the Secretary under this paragraph shall be deposited in the general fund of the Treasury.
(11)

Issuance of permits.—
If a foreign nation notifies the Secretary of State of its acceptance of the conditions and restrictions established by the Secretary under paragraph (7), the Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all conditions and restrictions established under paragraph (7) which apply to the fishing vessel for which the permit is issued.
(c)

Registration Permits.—
The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each fishing vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is authorized by section 201(b) and which wishes to engage in fishing described in subsection (a). Each such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this Act (as provided for in section 311). The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.
(d)

Transshipment Permits.—
(1)

Authority to issue permits.—
The Secretary may issue a transshipment permit under this subsection which authorizes a vessel other than a vessel of the United States to engage in fishing consisting solely of transporting fish or fish products at sea from a point within the exclusive economic zone or, with the concurrence of a State, within the boundaries of that State, to a point outside the United States to any person who—
(A)
submits an application which is approved by the Secretary under paragraph (3); and
(B)
pays a fee imposed under paragraph (7).
(2)

Transmittal.—
Upon receipt of an application for a permit under this subsection, the Secretary shall promptly transmit copies of the application to the Secretary of State, Secretary of the department in which the Coast Guard is operating, any appropriate Council, and any affected State.
(3)

Approval of application.—
The Secretary may approve, in consultation with the appropriate Council or Marine Fisheries Commission, an application for a permit under this section if the Secretary determines that—
(A)
the transportation of fish or fish products to be conducted under the permit, as described in the application, will be in the interest of the United States and will meet the applicable requirements of this Act;
(B)
the applicant will comply with the requirements described in section 201(c)(2) with respect to activities authorized by any permit issued pursuant to the application;
(C)
the applicant has established any bonds or financial assurances that may be required by the Secretary; and
(D)
no owner or operator of a vessel of the United States which has adequate capacity to perform the transportation for which the application is submitted has indicated to the Secretary an interest in performing the transportation at fair and reasonable rates.
(4)

Whole or partial approval.—
The Secretary may approve all or any portion of an application under paragraph (3).
(5)

Failure to approve application.—
If the Secretary does not approve any portion of an application submitted under paragraph (1), the Secretary shall promptly inform the applicant and specify the reasons therefor.
(6)

Conditions and restrictions.—
The Secretary shall establish and include in each permit under this subsection conditions and restrictions, including those conditions and restrictions set forth in subsection (b)(7), which shall be complied with by the owner and operator of the vessel for which the permit is issued.
(7)

Fees.—
The Secretary shall collect a fee for each permit issued under this subsection, in an amount adequate to recover the costs incurred by the United States in issuing the permit, except that the Secretary shall waive the fee for the permit if the foreign nation under which the vessel is registered does not collect a fee from a vessel of the United States engaged in similar activities in the waters of such foreign nation.
(e)

Pacific Insular Areas.—
(1)

Negotiation of pacific insular area fishery agreements.—
The Secretary of State, with the concurrence of the Secretary and in consultation with any appropriate Council, may negotiate and enter into a Pacific Insular Area fishery agreement to authorize foreign fishing within the exclusive economic zone adjacent to a Pacific Insular Area—
(A)
in the case of American Samoa, Guam, or the Northern Mariana Islands, at the request and with the concurrence of, and in consultation with, the Governor of the Pacific Insular Area to which such agreement applies; and
(B)
in the case of a Pacific Insular Area other than American Samoa, Guam, or the Northern Mariana Islands, at the request of the Western Pacific Council.
(2)

Agreement terms and conditions.—
A Pacific Insular Area fishery agreement—
(A)
shall not be considered to supersede any governing international fishery agreement currently in effect under this Act, but shall provide an alternative basis for the conduct of foreign fishing within the exclusive economic zone adjacent to Pacific Insular Areas;
(B)
shall be negotiated and implemented consistent only with the governing international fishery agreement provisions of this title specifically made applicable in this subsection;
(C)
may not be negotiated with a nation that is in violation of a governing international fishery agreement in effect under this Act;
(D)
shall not be entered into if it is determined by the Governor of the applicable Pacific Insular Area with respect to agreements initiated under paragraph (1)(A), or the Western Pacific Council with respect to agreements initiated under paragraph (1)(B), that such an agreement will adversely affect the fishing activities of the indigenous people of such Pacific Insular Area;
(E)
shall be valid for a period not to exceed three years and shall only become effective according to the procedures in section 203; and
(F)
shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of section 201(c), section 201(d), and section 201(h).
(3)

Permits for foreign fishing.—
(A)
Application for permits for foreign fishing authorized under a Pacific Insular Areas fishing agreement shall be made, considered and approved or disapproved in accordance with paragraphs (3), (4), (5), (6), (7)(A) and (B), (8), and (9) of subsection (b), and shall include any conditions and restrictions established by the Secretary in consultation with the Secretary of State, the Secretary of the department in which the Coast Guard is operating, the Governor of the applicable Pacific Insular Area, and the appropriate Council.
(B)
If a foreign nation notifies the Secretary of State of its acceptance of the requirements of this paragraph, paragraph (2)(F), and paragraph (5), including any conditions and restrictions established under subparagraph (A), the Secretary of State shall promptly transmit such notification to the Secretary. Upon receipt of any payment required under a Pacific Insular Area fishing agreement, the Secretary shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all of the requirements, conditions, and restrictions established under this subsection which apply to the fishing vessel for which the permit is issued.
(4)

Marine conservation plans.—
(A)
Prior to entering into a Pacific Insular Area fishery agreement, the Western Pacific Council and the appropriate Governor shall develop a 3-year marine conservation plan detailing uses for funds to be collected by the Secretary pursuant to such agreement. Such plan shall be consistent with any applicable fishery management plan, identify conservation and management objectives (including criteria for determining when such objectives have been met), and prioritize planned marine conservation projects. Conservation and management objectives shall include, but not be limited to—
(i)24
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;
^{24}
Margin so in law. See amendment made by section 404(b) of Public Law 109–479.
(ii)
conduct of marine and fisheries research, including development of systems for information collection, analysis, evaluation, and reporting;
(iii)
conservation, education, and enforcement activities related to marine and coastal management, such as living marine resource assessments, habitat monitoring and coastal studies;
(iv)
grants to the University of Hawaii for technical assistance projects by the Pacific Island Network, such as education and training in the development and implementation of sustainable marine resources development projects, scientific research, and conservation strategies; and
(v)
western Pacific community-based demonstration projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvement projects to foster and promote the management, conservation, and economic enhancement of the Pacific Insular Areas.
(B)
In the case of American Samoa, Guam, and the Northern Mariana Islands, the appropriate Governor, with the concurrence of the Western Pacific Council, shall develop the marine conservation plan described in subparagraph (A) and submit such plan to the Secretary for approval. In the case of other Pacific Insular Areas, the Western Pacific Council shall develop and submit the marine conservation plan described in subparagraph (A) to the Secretary for approval.
(C)
If a Governor or the Western Pacific Council intends to request that the Secretary of State renew a Pacific Insular Area fishery agreement, a subsequent 3-year plan shall be submitted to the Secretary for approval by the end of the second year of the existing 3-year plan.
(5)

Reciprocal conditions.—
Except as expressly provided otherwise in this subsection, a Pacific Insular Area fishing agreement may include terms similar to the terms applicable to United States fishing vessels for access to similar fisheries in waters subject to the fisheries jurisdiction of another nation.
(6)

Use of payments by american samoa, guam, northern mariana islands.—
Any payments received by the Secretary under a Pacific Insular Area fishery agreement for American Samoa, Guam, or the Northern Mariana Islands shall be deposited into the United States Treasury and then covered over to the Treasury of the Pacific Insular Area for which those funds were collected. Amounts deposited in the Treasury of a Pacific Insular Area shall be available, without appropriation or fiscal year limitation, to the Governor of the Pacific Insular Area—
(A)
to carry out the purposes of this subsection;
(B)
to compensate (i) the Western Pacific Council for mutually agreed upon administrative costs incurred relating to any Pacific Insular Area fishery agreement for such Pacific Insular Area, and (ii) the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal representatives incurred as a direct result of complying with paragraph (1)(A); and
(C)
to implement a marine conservation plan developed and approved under paragraph (4).
(7)

Western pacific sustainable fisheries fund.—
There is established in the United States Treasury a Western Pacific Sustainable Fisheries Fund into which any payments received by the Secretary under a Pacific Insular Area fishery agreement and any funds or contributions received in support of conservation and management objectives under a marine conservation plan for any Pacific Insular Area other than American Samoa, Guam, or the Northern Mariana Islands shall be deposited. The Western Pacific Sustainable Fisheries Fund shall be made available, without appropriation or fiscal year limitation, to the Secretary, who shall provide such funds only to—
(A)
the Western Pacific Council for the purpose of carrying out the provisions of this subsection, including implementation of a marine conservation plan approved under paragraph (4);
(B)
the Secretary of State for mutually agreed upon travel expenses for no more than 2 Federal representatives incurred as a direct result of complying with paragraph (1)(B); and
(C)
the Western Pacific Council to meet conservation and management objectives in the State of Hawaii if monies remain in the Western Pacific Sustainable Fisheries Fund after the funding requirements of subparagraphs (A) and (B) have been satisfied.
Amounts deposited in such fund shall not diminish funding received by the Western Pacific Council for the purpose of carrying out other responsibilities under this Act.
(8)

Use of fines and penalties.—
In the case of violations occurring within the exclusive economic zone off American Samoa, Guam, or the Northern Mariana Islands, amounts received by the Secretary which are attributable to fines or penalties imposed under this Act, including such sums collected from the forfeiture and disposition or sale of property seized subject to its authority, after payment of direct costs of the enforcement action to all entities involved in such action, shall be deposited into the Treasury of the Pacific Insular Area adjacent to the exclusive economic zone in which the violation occurred, to be used for fisheries enforcement and for implementation of a marine conservation plan under paragraph (4). 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. 205.
[16 U.S.C. 1825]

IMPORT PROHIBITIONS.
(a)

Determinations by Secretary of State.—
If the Secretary of State determines that—
(1)
he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, including fisheries for tuna species, as recognized by the United States, in accordance with fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201 (c) and (d) and 204 (b)(7) and (10), because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;
(2)
any foreign nation is not allowing fishing vessels of the United States to engage in fishing for tuna species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto;
(3)
any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or
(4)
any fishing vessel of the United States, while fishing in waters beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation—
(A)
in violation of an applicable international fishery agreement;
(B)
without authorization under an agreement between the United States and such nation; or
(C)
as a consequence of a claim of jurisdiction which is not recognized by the United States;
he shall certify such determination to the Secretary of the Treasury.
(b)

Prohibitions.—
Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States—
(1)
of all fish and fish products from the fishery involved, if any; and
(2)
upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.
(c)

Removal of Prohibition.—
If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import prohibition.
(d)

Definitions.—
As used in this section—
(1)
The term “fish” includes any highly migratory species.
(2)
The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.
SEC. 206.
[16 U.S.C. 1826]

LARGE-SCALE DRIFTNET FISHING.
(a)

Short Title.—
This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the “Driftnet Act Amendments of 1990”.
(b)

Findings.—
The Congress finds that—
(1)
the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world's oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea;
(2)
the use of large-scale driftnets is expanding into new regions of the world's oceans, including the Atlantic Ocean and Caribbean Sea;
(3)
there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded;
(4)
increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;
(5)
the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;
(6)
the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989;
(7)
increasing population pressures and new knowledge of the importance of living marine resources to the health of the global ecosystem demand that greater responsibility be exercised by persons fishing or developing new fisheries beyond the exclusive economic zone of any nation; and
(8)
within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.
(c)

Policy.—
It is declared to be the policy of the Congress in this section that the United States should—
(1)
implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44–225;
(2)
support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific;
(3)
secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation; and
(4)
prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.
(d)

International Agreements.—
The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking of living marine resources of the United States, provisions to ensure that—
(1)
each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, including vessels that may operate independently to develop new fishing areas, which operate beyond the exclusive economic zone of any nation, is included in such agreement;
(2)
each large-scale driftnet fishing vessel of a foreign nation that is party to the agreement, which operates beyond the exclusive economic zone of any nation, is equipped with satellite transmitters which provide real-time position information accessible to the United States;
(3)
statistically reliable monitoring by the United States is carried out, through the use of on-board observers or through dedicated platforms provided by foreign nations that are parties to the agreement, of all target and nontarget fish species, marine mammals, sea turtles, and sea birds entangled or killed by large-scale driftnets used by fishing vessels of foreign nations that are parties to the agreement;
(4)
officials of the United States have the right to board and inspect for violations of the agreement any large-scale driftnet fishing vessels operating under the flag of a foreign nation that is party to the agreement at any time while such vessel is operating in designated areas beyond the exclusive economic zone of any nation;
(5)
all catch landed or transshipped at sea by large-scale driftnet fishing vessels of a foreign nation that is a party to the agreement, and which are operated beyond the exclusive economic zone of any nation, is reliably monitored and documented;
(6)
time and area restrictions are imposed on the use of large-scale driftnets in order to prevent interception of anadromous species;
(7)
all large-scale drifnets used are constructed, insofar as feasible, with biodegradable materials which break into segments that do not represent a threat to living marine resources;
(8)
all large-scale driftnets are marked at appropriate intervals in a manner that conclusively identifies the vessel and flag nation responsible for each such driftnet;
(9)
the taking of nontarget fish species, marine mammals, sea turtles, seabirds, and endangered species or other species protected by international agreements to which the United States is a party is minimized and does not pose a threat to existing fisheries or the long-term health of living marine resources; and
(10)
definitive steps are agreed upon to ensure that parties to the agreement comply with the spirit of other international agreements and resolutions concerning the use of large-scale driftnets beyond the exclusive economic zone of any nation.
(e)

Effect on Sovereign Rights.—
This section shall not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in this Act or other existing law.
(f)

Definition.—
As used in this section, the term “living marine resources” includes fish, marine mammals, sea turtles, and seabirds and other waterfowl.
(i)25

Fishing Gear Transition Program.—
(1)

In general.—
During the 5-year period beginning on the date of enactment of the Driftnet Modernization and Bycatch Reduction Act, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.
(2)

Permissible uses.—
Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering—
(A)
any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit;
(B)
a forfeiture of fishing gear associated with a permit described in subparagraph (A); or
(C)
the purchase of alternative gear with minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gears.
(3)

Certification.—
The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.
^{25}
There are no subsections (g) and (h) in law. See amendments made by sections 104 and 205(b)(1)(B) of division S of Public law 117-328.
SEC. 207.
[16 U.S.C. 1829]

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.
TITLE III—

NATIONAL FISHERY MANAGEMENT PROGRAM
SEC. 301.
[16 U.S.C. 1851]

NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.
(a)

In General.—
Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to this title shall be consistent with the following national standards for fishery conservation and management:
(1)
Conservation and management measures shall prevent over-fishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.
(2)
Conservation and management measures shall be based upon the best scientific information available.
(3)
To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and interrelated stocks of fish shall be managed as a unit or in close coordination.
(4)
Conservation and management measures shall not discriminate between residents of different States. If it becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C) carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.
(5)
Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose.
(6)
Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.
(7)
Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.
(8)
Conservation and management measures shall, consistent with the conservation requirements of this Act (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social data that meet the requirements of paragraph (2), in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities.
(9)
Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch.
(10)
Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
(b)
The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.
SEC. 302.
[16 U.S.C. 1852]

REGIONAL FISHERY MANAGEMENT COUNCILS.
(a)

Establishment.—
(1)
There shall be established, within 120 days after the date of the enactment of this Act, eight Regional Fishery Management Councils, as follows:
(A)

New england council.—
The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(B)

Mid-atlantic council.—
The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(C)

South atlantic council.—
The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(D)

Caribbean council.—
The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States and of commonwealths, territories, and possessions of the United States in the Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7 voting members, including 4 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(E)

Gulf council.—
The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (except as provided in paragraph (3)). The Gulf Council shall have 17 voting members, including 11 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(F)26

Pacific council.—
The Pacific Fishery Management Council shall consist of the States of California, Oregon, Washington, and Idaho and shall have authority over the fisheries in the Pacific Ocean seaward of such States. The Pacific Council shall have 14 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State), and including one appointed from an Indian tribe with Federally 27 recognized fishing rights from California, Oregon, Washington, or Idaho in accordance with subsection (b)(5).
^{26}
Margin so in law.
^{27}
So in original. The word “Federally” should be “federally”.
(G)

North pacific council.—
The North Pacific Fishery Management Council shall consist of the States of Alaska, Washington, and Oregon and shall have authority over the fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean seward of Alaska. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary in accordance with subsection (b)(2) (5 of whom shall be appointed from the State of Alaska and 2 of whom shall be appointed from the State of Washington).
(H)

Western pacific council.—
The Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands).
(2)
Each Council shall reflect the expertise and interest of the several constituent States in the ocean area over which such Council is granted authority.
(3)28
The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean Council.
^{28}
Margin so in law.
(b)

Voting Members.—
(1)
The voting members of each Council shall be:
(A)
The principal State official with marine fishery management responsibility and expertise in each constituent State, who is designated as such by the Governor of the State, so long as the official continues to hold such position, or the designee of such official.
(B)
The regional director of the National Marine Fisheries Service for the geographic area concerned, or his designee, except that if two such directors are within such geographical area, the Secretary shall designate which of such directors shall be the voting member.
(C)
The members required to be appointed by the Secretary in accordance with paragraphs (2) and (5).
(2)
(A)
The members of each Council required to be appointed by the Secretary must be individuals who, by reason of their occupational or other experience, scientific expertise, or training, are knowledgeable regarding the conservation and management, or the commercial or recreational harvest, of the fishery resources of the geographical area concerned. Within nine months after the date of enactment of the Fishery Conservation Amendments of 1990, the Secretary shall, by regulation, prescribe criteria for determining whether an individual satisfies the requirements of this subparagraph.
(B)
The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or their representatives) in the commercial and recreational fisheries under the jurisdiction of the Council. On January 31, 1991, and each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives 29 a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall—
^{29}
The Committee on Merchant Marine and Fisheries of the House of Representatives was abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. The former jurisdiction of such committee is divided among the Committee on Resources, the Committee on Transportation and Infrastructure, and the Committee on Armed Services of the House of Representatives.
(i)
list the fisheries under the jurisdiction of each Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number of participants, the duration and range of the fishery, and other distinguishing characteristics;
(ii)
assess the membership of each Council in terms of the apportionment of the active participants in each such fishery; and
(iii)
state the Secretary's plans and schedule for actions to achieve a fair and balanced apportionment on the Council for the active participants in any such fishery.
(C)
The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may not submit the names of individuals to the Secretary for appointment unless the Governor has determined that each such individual is qualified under the requirements of subparagraph (A) and unless the Governor has, to the extent practicable, first consulted with representatives of the commercial and recreational fishing interests of the State regarding those individuals. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy and shall be accompanied by a statement by the Governor explaining how each such individual meets the requirements of subparagraph (A). The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of such requirements. If the Secretary determines that any individual is not qualified, the Secretary shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (k).
(D)
(i)
The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf of Mexico Fisheries Management Council under 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.
(ii)
Notwithstanding the requirements of subparagraph (C), if the Secretary determines that the list of names submitted by the Governor does not meet the requirements of clause (i) the Secretary shall—
(I)
publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the 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.
(iii)
For purposes of clause (i) an individual who owns or operates a fish farm outside of the United States shall not be considered to be a representative of the commercial or recreational fishing sector.
(iv)
The requirements of this subparagraph shall expire at the end of fiscal year 2012.
(E)
Whenever the Secretary makes an appointment to a Council, the Secretary shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council.
(3)
Each voting member appointed to a Council by the Secretary in accordance with paragraphs (2) and (5) shall serve for a term of 3 years; except that the Secretary may designate a shorter term if necessary to provide for balanced expiration to terms of office. No member appointed after January 1, 1986, may serve more than three consecutive terms. Any term in which an individual was appointed to replace a member who left office during the term shall not be counted in determining the number of consecutive terms served by that Council member.
(4)
Successors to the voting members of any Council shall be appointed in the same manner as the original voting members. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term.
(5)
(A)30
The Secretary shall appoint to the Pacific Council one representative of an Indian tribe with Federally recognized fishing rights from California, Oregon, Washington, or Idaho from a list of not less than 3 individuals submitted by the tribal governments. The Secretary, in consultation with the Secretary of the Interior and tribal governments, shall establish by regulation the procedure for submitting a list under this subparagraph.
^{30}
Margin so in law.
(B)
Representation shall be rotated among the tribes taking into consideration—
(i)
the qualifications of the individuals on the list referred to in subparagraph (A),
(ii)
the various rights of the Indian tribes involved and judicial cases that set forth how those rights are to be exercised, and
(iii)
the geographic area in which the tribe of the representative is located.
(C)
A vacancy occurring prior to the expiration of any term shall be filled in the same manner as set out in subparagraphs (A) and (B), except that the Secretary may use the list from which the vacating representative was chosen.
(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.
(6)30
The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with paragraphs 31 (2) or (5) if—
^{31}
So in original. The word “paragraphs” should be “paragraph”.
(A)
the Council concerned first recommends removal by not less than two-thirds of the members who are voting members and submits such removal recommendation to the Secretary in writing together with a statement of the basis for the recommendation; or
(B)
the member is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307(1)(O).
(c)

Nonvoting Members.—
(1)
The nonvoting members of each Council shall be:
(A)
The regional or area director of the United States Fish and Wildlife Service for the geographical area concerned, or his designee.
(B)
The commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two Coast Guard districts are within such geographical area, the commander designated for such purpose by the commandant of the Coast Guard.
(C)
The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee.
(D)
One representative of the Department of State designated for such purpose by the Secretary of State, or his designee.
(2)
The Pacific Council shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the Governor of Alaska.
(d)

Compensation and Expenses.—
The voting members of each Council who are required to be appointed by the Secretary and who are not employed by the Federal Government or any State or local government, shall receive compensation at the daily rate for GS–15, step 7 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each Council, any nonvoting member described in subsection (c)(1)(C), and the nonvoting member appointed pursuant to subsection (c)(2) shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council staff members may be reimbursed for actual expenses.
(e)

Transaction of Business.—
(1)
A majority of the voting members of any Council shall constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any Council shall be by majority vote of the voting members present and voting.
(2)
The voting members of each Council shall select a Chairman for such Council from among the voting members.
(3)
Each Council shall meet at appropriate times and places in any of the constituent States of the Council at the call of the Chairman or upon the request of a majority of its voting members.
(4)
If any voting member of a Council disagrees with respect to any matter which is transmitted to the Secretary by such Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement. The regional director of the National Marine Fisheries Service serving on the Council, or the regional director's designee, shall submit such a statement, which shall be made available to the public upon request, if the regional director disagrees with any such matter.
(5)
At the request of any voting member of a Council, the Council shall hold a roll call vote on any matter before the Council. The official minutes and other appropriate records of any Council meeting shall identify all roll call votes held, the name of each voting member present during each roll call vote, and how each member voted on each roll call vote.
(f)

Staff and Administration.—
(1)
Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative employees as the Secretary determines are necessary to the performance of its functions.
(2)
Upon the request of any Council, and after consultation with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of the personnel of such agency, to assist such Council in the performance of its functions under this Act.
(3)
The Secretary shall provide to each Council such administrative and technical support services as are necessary for the effective functioning of such Council.
(4)
The Administrator of General Services shall furnish each Council with such offices, equipment, supplies, and services as he is authorized to furnish to any other agency or instrumentality of the United States.
(5)
The Secretary and the Secretary of State shall furnish each Council with relevant information concerning foreign fishing and international fishery agreements.
(6)
Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. The procedures of a Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection (i)(2). Each Council shall publish and make available to the public a statement of its organization, practices, and procedures.
(7)
The Secretary shall pay—
(A)
the compensation and expenses provided for in subsection (d);
(B)
appropriate compensation to employees appointed under paragraph (1);
(C)
the amounts required for reimbursement of other Federal agencies under paragraphs (2) and (4);
(D)
the actual expenses of the members of the committees and panels established under subsection (g); and
(E)
such other costs as the Secretary determines are necessary to the performance of the functions of the Councils.
(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, preventing overfishing, maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.
(C)
Members appointed by the Councils to the scientific and statistical committees shall be Federal employees, State employees, academicians, or independent experts and shall have strong scientific or technical credentials and experience.
(D)
Each member of a scientific and statistical committee shall be treated as an affected individual for purposes of paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary shall keep disclosures made pursuant to this subparagraph on file.
(E)
The Secretary and each Council may establish a peer review process for that Council for scientific information used to advise the Council about the conservation and management of the fishery. The review process, which may include existing committees or panels, is deemed to satisfy the requirements of the guidelines issued pursuant to section 515 of the Treasury and General Government Appropriations Act for Fiscal year 2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153).
(F)
In addition to the provisions of section 302(f)(7), the Secretary shall, subject to the availability of appropriations, pay a stipend to members of the scientific and statistical committees or advisory panels who are not employed by the Federal Government or a State marine fisheries agency.
(G)
A science and statistical committee shall hold its meetings in conjunction with the meeting of the Council, to the extent practicable.
(2)
Each Council shall establish such advisory panels as are necessary or appropriate to assist it in carrying out its functions under this Act.
(3)
(A)
Each Council shall establish and maintain a fishing industry advisory committee which shall provide information and recommendations on, and assist in the development of, fishery management plans and amendments to such plans.
(B)
Appointments to a committee established under subparagraph (A) shall be made by each Council in such a manner as to provide fair representation to commercial fishing interests in the geographical area of authority of the Council.
(4)
The Secretary shall establish advisory panels to assist in the collection and evaluation of information relevant to the development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each advisory panel shall participate in all aspects of the development of the plan or amendment; be balanced in its representation of commercial, recreational, and other interests; and consist of not less than 7 individuals who are knowledgeable about the fishery for which the plan or amendment is developed, selected from among—
(A)
members of advisory committees and species working groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; and
(B)
other interested persons.
(5)
Decisions and recommendations made by committees and panels established under this subsection shall be considered to be advisory in nature.
(h)

Functions.—
Each Council shall, in accordance with the provisions of this Act—
(1)
for each fishery under its authority that requires conservation and management, prepare and submit to the Secretary (A) a fishery management plan, and (B) amendments to each such plan that are necessary from time to time (and promptly whenever changes in conservation and management measures in another fishery substantially affect the fishery for which such plan was developed);
(2)
prepare comments on any application for foreign fishing transmitted to it under section 204(b)(4)(C) or section 204(d), and any fishery management plan or amendment transmitted to it under section 304(c)(4);
(3)
conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to allow all interested persons an opportunity to be heard in the development of fishery management plans and amendments to such plans, and with respect to the administration and implementation of the provisions of this Act (and for purposes of this paragraph, the term “geographical area concerned” may include an area under the authority of another Council if the fish in the fishery concerned migrate into, or occur in, that area or if the matters being heard affect fishermen of that area; but not unless such other Council is first consulted regarding the conduct of such hearings within its area);
(4)
submit to the Secretary such periodic reports as the Council deems appropriate, and any other relevant report which may be requested by the Secretary;
(5)
review on a continuing basis, and revise as appropriate, the assessments and specifications made pursuant to section 303(a)(3) and (4) with respect to the optimum yield from, the capacity and extent to which United States fish processors will process United States harvested fish from, and the total allowable level of foreign fishing in, each fishery (except as provided in subsection (a)(3)) within its geographical area of authority; and 32
^{32}
So in law. The word “and” at the end of paragraph (5) probably should not appear. Section 103(c)(1) of Public Law 109–479 attempts to amend this pagaraph by striking “authority, and” and inserting “authority;”. The amendment could no be carried out because the comma in the matter purported to be struck did not appear in law.
(6)
develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of its scientific and statistical committee or the peer review process established under subsection (g);
(7)
develop, in conjunction with the scientific and statistical committee, multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of research that are necessary for management purposes, that shall—
(A)
establish priorities for 5-year periods;
(B)
be updated as necessary; and
(C)
be submitted to the Secretary and the regional science centers of the National Marine Fisheries Service for their consideration in developing research priorities and budgets for the region of the Council;
(8)
in addition to complying with the standards and requirements under paragraph (6), sections 301(a), 303(a)(15), and 304(e), and other applicable provisions of this Act, have the authority to use fishery management measures in a recreational fishery (or the recreational component of a mixed-use fishery) in developing a fishery management plan, plan amendment, or proposed regulations, such as extraction rates, fishing mortality targets, harvest control rules, or traditional or cultural practices of native communities in such fishery or fishery component; and
(9)
conduct any other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the foregoing functions.
(i)

Procedural Matters.—
(1)
Chapter 10 of title 5, United States Code, shall not apply 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)
The following guidelines apply with respect to the conduct of business at meetings of a Council, and 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):
(A)
Unless closed in accordance with paragraph (3), each regular meeting and each emergency meeting shall be open to the public.
(B)
Emergency meetings shall be held at the call of the chairman or equivalent presiding officer.
(C)
Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be provided by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient. Timely notice of each regular meeting shall also be published in the Federal Register. The published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, unless such modification is to address an emergency action under section 305(c), in which case public notice shall be given immediately.
(D)
Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. All written information submitted to a Council by an interested person shall include a statement of the source and date of such information. Any oral or written statement shall include a brief description of the background and interests of the person in the subject of the oral or written statement.
(E)33
Detailed minutes of each meeting of the Council, except for any closed session, shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all statements filed. The Chairman shall certify the accuracy of the minutes of each such meeting and submit a copy thereof to the Secretary. The minutes shall be made available to any court of competent jurisdiction.
^{33}
Margin so in law.
(F)
Subject to the procedures established under paragraph (4), and the guidelines prescribed by the Secretary under section 402(b), relating to confidentiality, the administrative record, including minutes required under subparagraph (E), of each meeting, and records or other documents which were made available to or prepared for or by the Council, committee, or panel incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the Council or the Secretary, as appropriate.
(3)
(A)
Each Council, the Council Coordination Committee established under subsection (l), scientific and statistical committee, other committees, and advisory panel—
(i)
shall close any meeting, or portion thereof, that concerns matters or information that bears a national security classification; and
(ii)
may close any meeting, or portion thereof, that concerns matters or information that pertains to national security, employment matters, or briefings on litigation in which the Council is interested.
Subparagraphs (D) and (F) of paragraph (2) shall not apply to any meeting or portion thereof that is so closed.
(B)
If any meeting or portion is closed, the Council concerned shall notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports),34 including in that notification the time and place of the meeting. This subparagraph does not require notification regarding any brief closure of a portion of a meeting in order to discuss employment or other internal administrative matters.
^{34}
Section 103(f) of Public Law 109–479 provides as follows:
(f) Closed Meetings.—Section 302(i)(3)(B) (16 U.S.C. 1852(i)(3)(B)) is amended by striking “notify local newspapers in the major fishing ports within its region (and in other major, affected fishing ports,” and inserting “provide notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient,”.
The amendment could not be executed because a close parenthesis appears in the law following the word “ports” and the comma in the matter purported to be struck.
(4)
Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private persons; including, but not limited to, procedures for the restriction of Council employee access and the prevention of conflicts of interest; except that such procedures, in the case of statistics submitted to the Council by a State or by the Secretary under section 402(b), must be consistent with the laws and regulations of that State, or with the procedures of the Secretary, as the case may be, concerning the confidentiality of the statistics.
(5)
Each Council shall specify those procedures that are necessary or appropriate to ensure that the committees and advisory panels established under subsection (g) are involved, on a continuing basis, in the development and amendment of fishery management plans.
(6)
At any time when a Council determines it appropriate to consider new information from a State or Federal agency or from a Council advisory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on conservation and management measures.
(j)

Disclosure of Financial Interest 35.—
(1)
For the purposes of this subsection—
^{35}
Section 107(i)(1) of P.L. 104–297 sought to amend the heading for subsection (j) by inserting “and Recusal” after “Interest”. Because of the use of incorrect typeface, the amendment cannot be executed.
(A)
the term “affected individual” means an individual who—
(i)
is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2); or
(ii)
is a voting member of a Council appointed—
(I)
under subsection (b)(2); or
(II)
under subsection (b)(5) who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government; and
(B)
the term “designated official” means a person with expertise in Federal conflict-of-interest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make determinations under paragraph (7)(B).
(2)
Each affected individual must disclose any financial interest held by—
(A)
that individual;
(B)
the spouse, minor child, or partner of that individual; and
(C)
any organization (other than the Council) in which that individual is serving as an officer, director, trustee, partner, or employee;
in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any fishery over which the Council concerned has jurisdiction, or with respect to an individual or organization with a financial interest in such activity.
(3)
The disclosure required under paragraph (2) shall be made—
(A)
in the case of an affected individual referred to in paragraph (1)(A)(i), before appointment by the Secretary; and
(B)
in the case of an affected individual referred to in paragraph (1)(A)(ii), within 45 days of taking office.
(4)
An affected individual referred to in paragraph (1)(A)(ii) must update his or her disclosure form at any time any such financial interest is acquired, or substantially changed, by any person referred to in paragraph (2)(A), (B), or (C).
(5)
The financial interest disclosures required by this subsection shall—
(A)
be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation prescribe;
(B)
be kept on file by the Council and made available on the Internet and for public inspection at the Council offices during reasonable hours; and
(C)36
be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for public inspection at reasonable hours.
^{36}
Margin so in law.
(6)
The participation by an affected individual referred to in paragraph (1)(A)(ii) in an action by a Council during any time in which that individual is not in compliance with the regulations prescribed under paragraph (5) may not be treated as cause for the invalidation of that action.
(7)
(A)36
After the effective date of regulations promulgated under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph (2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A Council decision shall be considered to have a significant and predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of the affected individual relative to the financial interests of other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate in Council deliberations relating to the decision after notifying the Council of the voting recusal and identifying the financial interest that would be affected.
(B)
At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a Council decision would have a significant and predictable effect on a financial interest.
(C)
Any Council member may submit a written request to the Secretary to review any determination by the designated official under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request.
(D)
Any affected individual who does not vote in a Council decision in accordance with this subsection may state for the record how he or she would have voted on such decision if he or she had voted.
(E)
If the Council makes a decision before the Secretary has reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or reconsideration by the Secretary of such decision.
(F)
The Secretary, in consultation with the Councils and by not later than one year from the date of enactment of the Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C).
(8)
Section 208 of title 18, United States Code, does not apply to an affected individual referred to in paragraph (1)(A)(ii) during any time in which that individual is in compliance with the regulations prescribed under paragraph (5).
(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, including identification of any conflict of interest problems with respect to the Councils and scientific and statistical committees and recommendations for addressing any such problems.
(k)

Council Training Program.—
(1)

Training course.—
Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in consultation with the Councils and the National Sea Grant College Program, shall develop a training course for newly appointed Council members. The course may cover a variety of topics relevant to matters before the Councils, including—
(A)
fishery science and basic stock assessment methods;
(B)
fishery management techniques, data needs, and Council procedures;
(C)
social science and fishery economics;
(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;
(H)
other topics suggested by the Council; and
(I)
recreational and commercial fishing information, including fish harvesting techniques, gear types, fishing vessel types, and economics for the fisheries within each Council's jurisdiction.
(2)

Member training.—
The training course shall be available to both new and existing Council members, staff from the regional offices and regional science centers of the National Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow.
(3)

Required training.—
Council members appointed after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall complete a training course that meets the requirements of this section not later than 1 year after the date on which they were appointed. Any Council member who has completed a training course within 24 months before the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall be considered to have met the training requirement of this paragraph.
(l)

Council Coordination Committee.—
The Councils may establish a Council coordination committee consisting of the chairs, vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in order to discuss issues of relevance to all Councils, including issues related to the implementation of this Act.
SEC. 303.
[16 U.S.C. 1853]

CONTENTS OF FISHERY MANAGEMENT PLANS.
(a)

Required Provisions.—
Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, shall—
(1)
contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are—
(A)
necessary and appropriate for the conservation and management of the fishery, to prevent overfishing and rebuild overfished stocks, and to protect, restore, and promote the long-term health and stability of the fishery;
(B)
described in this subsection or subsection (b), or both; and
(C)
consistent with the national standards, the other provisions of this Act, regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law;
(2)
contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any;
(3)
assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification;
(4)
assess and specify—
(A)
the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3),
(B)
the portion of such optimum yield which, on an annual basis, will not be harvested by fishing vessels of the United States and can be made available for foreign fishing, and
(C)
the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States;
(5)
specify the pertinent data which shall be submitted to the Secretary with respect to commercial, recreational, charter fishing, and fish processing in the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, number of hauls, economic information necessary to meet the requirements of this Act, and the estimated processing capacity of, and the actual processing capacity utilized by, United States fish processors,37
^{37}
So in law. The comma probably should be a semicolon.
(6)
consider and provide for temporary adjustments, after consultation with the Coast Guard and persons utilizing the fishery, regarding access to the fishery for vessels otherwise prevented from harvesting because of weather or other ocean conditions affecting the safe conduct of the fishery; except that the adjustment shall not adversely affect conservation efforts in other fisheries or discriminate among participants in the affected fishery;
(7)
describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such habitat;
(8)
in the case of a fishery management plan that, after January 1, 1991, is submitted to the Secretary for review under section 304(a) (including any plan for which an amendment is submitted to the Secretary for such review) or is prepared by the Secretary, assess and specify the nature and extent of scientific data which is needed for effective implementation of the plan;
(9)
include a fishery impact statement for the plan or amendment (in the case of a plan or amendment thereto submitted to or prepared by the Secretary after October 1, 1990) which shall assess, specify, and analyze the likely effects, if any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures on, and possible mitigation measures for—
(A)
participants in the fisheries and fishing communities affected by the plan or amendment;
(B)
participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such Council and representatives of those participants; and
(C)
the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the fishery;
(10)
specify objective and measurable criteria for identifying when the fishery to which the plan applies is overfished (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery) and, in the case of a fishery which the Council or the Secretary has determined is approaching an overfished condition or is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery;
(11)
establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority—
(A)
minimize bycatch; and
(B)
minimize the mortality of bycatch which cannot be avoided;
(12)
assess the type and amount of fish caught and released alive during recreational fishing under catch and release fishery management programs and the mortality of such fish, and include conservation and management measures that, to the extent practicable, minimize mortality and ensure the extended survival of such fish;
(13)
include a description of the commercial, recreational, and charter fishing sectors which participate in the fishery, including its economic impact, and, to the extent practicable, quantify trends in landings of the managed fishery resource by the commercial, recreational, and charter fishing sectors;
(14)
to the extent that rebuilding plans or other conservation and management measures which reduce the overall harvest in a fishery are necessary, allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector, any harvest restrictions or recovery benefits fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery and;38
^{38}
So in law. The semicolon probably should appear before “and” at the end of paragraph (14). See amendment made by section 104(a)(9) of Public Law 109–479.
(15)
establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability.
(b)

Discretionary Provisions.—
Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may—
(1)
require a permit to be obtained from, and fees to be paid to, the Secretary, with respect to—
(A)
any fishing vessel of the United States fishing, or wishing to fish, in the exclusive economic zone 39 or for anadromous species or Continental Shelf fishery resources beyond such zone 39;
^{39}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(g) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 64) amends this subparagraph as follows:
(g) Contents of Fishery Management Plans.—Section 303(b)(1)(A) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)(1)(A)) is amended—
(1) by inserting “or special areas,” immediately after “exclusive economic zone”; and
(2) by inserting “or areas” immediately after “such zone”.
(B)
the operator of any such vessel; or
(C)
any United States fish processor who first receives fish that are subject to the plan;
(2)
(A)
designate zones where, and periods when, fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels or with specified types and quantities of fishing gear;
(B)
designate such zones in areas where deep sea corals are identified under section 408, to protect deep sea corals from physical damage from fishing gear or to prevent loss or damage to such fishing gear from interactions with deep sea corals, after considering long-term sustainable uses of fishery resources in such areas; and
(C)
with respect to any closure of an area under this Act that prohibits all fishing, ensure that such closure—
(i)
is based on the best scientific information available;
(ii)
includes criteria to assess the conservation benefit of the closed area;
(iii)
establishes a timetable for review of the closed area's performance that is consistent with the purposes of the closed area; and
(iv)
is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in 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;
(3)
establish specified limitations which are necessary and appropriate for the conservation and management of the fishery on the—
(A)
catch of fish (based on area, species, size, number, weight, sex, bycatch, total biomass, or other factors);
(B)
sale of fish caught during commercial, recreational, or charter fishing, consistent with any applicable Federal and State safety and quality requirements; and
(C)
transshipment or transportation of fish or fish products under permits issued pursuant to section 204;
(4)
prohibit, limit, condition, or require the use of specified types and quantities of fishing gear, fishing vessels, or equipment for such vessels, including devices which may be required to facilitate enforcement of the provisions of this Act;
(5)
incorporate (consistent with the national standards, the other provisions of this Act, and any other applicable law) the relevant fishery conservation and management measures of the coastal States nearest to the fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;
(6)
establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—
(A)
present participation in the fishery;
(B)
historical fishing practices in, and dependence on, the fishery;
(C)
the economics of the fishery;
(D)
the capability of fishing vessels used in the fishery to engage in other fisheries;
(E)
the cultural and social framework relevant to the fishery and any affected fishing communities;
(F)
the fair and equitable distribution of access privileges in the fishery; and
(G)
any other relevant considerations;
(7)
require fish processors who first receive fish that are subject to the plan to submit data which are necessary for the conservation and management of the fishery;
(8)
require that one or more observers be carried on board a vessel of the United States engaged in fishing for species that are subject to the plan, for the purpose of collecting data necessary for the conservation and management of the fishery; except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized;
(9)
assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally spawning anadromous fish in the region;
(10)
include, consistent with the other provisions of this Act, conservation and management measures that provide harvest incentives for participants within each gear group to employ fishing practices that result in lower levels of bycatch or in lower levels of the mortality of bycatch;
(11)
reserve a portion of the allowable biological catch of the fishery for use in scientific research;
(12)
include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and
(14)40
prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and appropriate for the conservation and management of the fishery.
^{40}
So in law. There is no paragraph (13). See amendment made by section 105(7) of Public Law 109–479 (120 Stat. 3586).
(c)

Proposed Regulations.—
Proposed regulations which the Council deems necessary or appropriate for the purposes of—
(1)
implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with the plan or amendment under section 304; and
(2)
making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to the Secretary at any time after the plan or amendment is approved under section 304.
SEC. 303A.
[16 U.S.C. 1853a]

LIMITED ACCESS PRIVILEGE PROGRAMS.
(a)

In General.—
After the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, a Council may submit, and the Secretary may approve, for a fishery that is managed under a limited access system, a limited access privilege program to harvest fish if the program meets the requirements of this section.
(b)

No Creation of Right, Title, or Interest.—
Limited access privilege, quota share, or other limited access system authorization established, implemented, or managed under this Act—
(1)
shall be considered a permit for the purposes of sections 307, 308, and 309;
(2)
may be revoked, limited, or modified at any time in accordance with this Act, including revocation if the system is found to have jeopardized the sustainability of the stock or the safety of fishermen;
(3)
shall not confer any right of compensation to the holder of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or modified;
(4)
shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested by the holder; and
(5)
shall be considered a grant of permission to the holder of the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share.
(c)

Requirements for Limited Access Privileges.—
(1)

In general.—
Any limited access privilege program to harvest fish submitted by a Council or approved by the Secretary under this section shall—
(A)
if established in a fishery that is overfished or subject to a rebuilding plan, assist in its rebuilding;
(B)
if established in a fishery that is determined by the Secretary or the Council to have over-capacity, contribute to reducing capacity;
(C)
promote—
(i)
fishing safety;
(ii)
fishery conservation and management; and
(iii)
social and economic benefits;
(D)
prohibit any person other than a United States citizen, a corporation, partnership, or other entity 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, including any person that acquires a limited access privilege solely for the purpose of perfecting or realizing on a security interest in such privilege;
(E)
require that all fish harvested under a limited access privilege program be processed on vessels of the United States or on United States soil (including any 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 implementation of the program and thereafter to coincide with scheduled Council review of the relevant fishery management plan (but no less frequently than once every 7 years);
(H)
include an effective system for enforcement, monitoring, and management of the program, including the use of observers or electronic monitoring systems;
(I)
include an appeals process for administrative review of the Secretary's decisions regarding initial allocation of limited access privileges;
(J)
provide for the establishment by the Secretary, in consultation with appropriate Federal agencies, for an information collection and review process to provide any additional information needed to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or price fixing have occurred among regional fishery associations or persons receiving limited access privileges under the program; and
(K)
provide for the revocation by the Secretary of limited access privileges held by any person found to have violated the antitrust laws of the United States.
(2)

Waiver.—
The Secretary may waive the requirement of paragraph (1)(E) if the Secretary determines that—
(A)
the fishery has historically processed the fish outside of the United States; and
(B)
the United States has a seafood safety equivalency agreement with the country where processing will occur.
(3)

Fishing communities.—
(A)

In general.—
(i)

Eligibility.—
To be eligible to participate in a limited access privilege program to harvest fish, a fishing community shall—
(I)
be located within the management area of the relevant Council;
(II)
meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register;
(III)
consist of residents who conduct 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 coastal 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 or revoke limited access privileges granted under this section for any person who fails to comply with the requirements of the community sustainability plan. Any limited access privileges denied or revoked under this section may be reallocated to other eligible members of the fishing community.
(B)

Participation criteria.—
In developing 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, among willing parties with established by-laws and operating procedures;
(iv)
consist of participants in the fishery who hold quota share that are designated for use in the specific region or subregion covered by the regional fishery association, including commercial or recreational fishing, processing, fishery-dependent support businesses, or fishing communities;
(v)
not be eligible to receive an initial allocation of a limited access privilege but may acquire such privileges after the initial allocation, and may hold the annual fishing privileges of any limited access privileges it holds or the annual fishing privileges that is members contribute; and
(vi)
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 or revoke limited access privileges granted under this section to any person participating in a regional fishery association who fails to comply with the requirements of the regional fishery association plan.
(C)

Participation criteria.—
In developing 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;
(v)
the administrative and fiduciary soundness of the association; and
(vi)
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)
consider the basic cultural and social framework of the fishery, especially through—
(i)
the development of policies to promote the sustained participation of small owner-operated fishing vessels and fishing communities that depend on the fisheries, including regional or port-specific landing or delivery requirements; and
(ii)
procedures to address concerns over excessive geographic or other consolidation in the harvesting or processing sectors of the fishery;
(C)
include measures to assist, when necessary and appropriate, entry-level and small vessel owner-operators, captains, crew, and fishing communities through set-asides of harvesting allocations, including providing privileges, which may include set-asides or allocations of harvesting privileges, or economic assistance in the purchase of limited access privileges;
(D)
ensure that limited access privilege holders do not acquire an excessive share of the total limited access privileges in the program by—
(i)
establishing a maximum share, expressed as a percentage of the total limited access privileges, that a limited access privilege holder is permitted to hold, acquire, or use; and
(ii)
establishing any other limitations or measures necessary to prevent an inequitable concentration of limited access privileges; and
(E)
authorize limited access privileges to harvest fish to be held, acquired, used by, or issued under the system to persons who substantially participate in the fishery, including in a specific sector of such fishery, as specified by the Council.
(6)

Program initiation.—
(A)

Limitation.—
Except as provided in subparagraph (D), a Council may initiate a fishery management plan or amendment to establish a limited access privilege 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 of Mexico, only those participants who have substantially fished the species proposed to be included in the limited access program shall be eligible to sign a petition for such a program and shall serve as the basis for determining the percentage described in the first sentence of this subparagraph.
(C)

Certification by secretary.—
Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition represent more than 50 percent of the permit holders, or holders of more than 50 percent of the allocation in the fishery, as described by subparagraph (B), the Secretary shall certify the petition to the appropriate Council or Councils.
(D)

New england and gulf referendum.—
(i)
Except as provided in clause (iii) for the Gulf of Mexico commercial red snapper fishery, the New England and Gulf Councils may not submit, and the Secretary may not approve or implement, a fishery management plan or amendment that creates an individual fishing quota program, including a Secretarial plan, unless such a system, as ultimately developed, has been approved by more than ⅔ of those voting in a referendum among eligible permit holders, or other persons described in clause (v), with respect to the New England Council, and by a majority of those voting in the referendum among eligible permit holders with respect to the Gulf Council. For multispecies permits in the Gulf of Mexico, only those participants who have substantially fished the species proposed to be included in the individual fishing quota program shall be eligible to vote in such a referendum. If an 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 2006, the Secretary shall publish guidelines and procedures to determine procedures and voting eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner.
(iii)
The provisions of section 407(c) of this Act shall apply in lieu of this subparagraph for an individual fishing quota program for the Gulf of Mexico commercial red snapper fishery.
(iv)
Chapter 35 of title 44, United States Code, (commonly known as the Paperwork Reduction Act) does not apply to the referenda conducted under this subparagraph.
(v)
The Secretary shall promulgate criteria for determining whether additional fishery participants are eligible to vote in the New England referendum described in clause (i) in order to ensure that crew members who derive a significant percentage of their total income from the fishery under the proposed program are eligible to vote in the referendum.
(vi)
In this subparagraph, the term “individual fishing quota” does not include a sector allocation.
(7)

Transferability.—
In establishing a limited access privilege program, a Council shall—
(A)
establish a policy and criteria for the transferability of limited access privileges (through sale or lease), that is consistent with the policies adopted by the Council for the fishery under paragraph (5); and
(B)
establish, in coordination with the Secretary, a process for monitoring of transfers (including sales and leases) of limited access privileges.
(8)

Preparation and implementation of secretarial plans.—
This subsection also applies to a plan prepared and implemented by the Secretary under section 304(c) or 304(g).
(9)

Antitrust savings clause.—
Nothing in this Act shall be construed to modify, impair, or supersede the operation of any of the antitrust laws. For purposes of the preceding sentence, the term “antitrust laws” has the meaning given such term in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
(d)

Auction and Other Programs.—
In establishing a limited access privilege program, a Council shall consider, and may provide, if appropriate, an auction system or other program to collect 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 this section; and
(2)
revenues generated through such a royalty program are deposited in the Limited Access System Administration Fund established by section 305(h)(5)(B) and available subject to annual appropriations.
(e)

Cost Recovery.—
In establishing a limited access privilege program, a Council shall—
(1)
develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement programs that are directly related to and in 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)

Characteristics.—
A limited access privilege established after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 is a permit issued for a period of not more than 10 years that—
(1)
will be renewed before the end of that period, unless it has been revoked, limited, or modified as provided in this subsection;
(2)
will be revoked, limited, or modified if the holder is found by the Secretary, after notice and an opportunity for a hearing under section 554 of title 5, United States Code, to have failed to comply with any term of the plan identified in the plan as cause for revocation, limitation, or modification of a permit, which may include conservation requirements established under the plan;
(3)
may be revoked, limited, or modified if the holder is found by the Secretary, after notice and an opportunity for a hearing under section 554 of title 5, United States Code, to have committed an act prohibited by section 307 of this Act; and
(4)
may be acquired, or reacquired, by participants in the program under a mechanism established by the Council if it has been revoked, limited, or modified under paragraph (2) or (3).
(g)

Limited Access Privilege Assisted Purchase 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 53706(a)(7) of title 46, United States Code, to issue obligations that aid in financing—
(A)
the purchase of limited access privileges in that fishery by fishermen who fish from small vessels; and
(B)
the first-time purchase of limited access privileges in that fishery by entry level fishermen.
(2)

Eligibility criteria.—
A Council making a submission under paragraph (1) shall recommend criteria, consistent with the provisions of this Act, that a fisherman must meet to qualify for guarantees under subparagraphs (A) and (B) of paragraph (1) and the portion of funds to be allocated for guarantees under each subparagraph.
(h)

Effect on Certain Existing Shares and Programs.—
Nothing in this Act, or the amendments made by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, shall be construed to require a reallocation or a reevaluation of individual quota shares, processor quota shares, cooperative programs, or other quota programs, including sector allocation in effect before the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006.
(i)

Transition Rules.—
The requirements of this section shall not apply to any quota program, including any individual quota program, cooperative program, or sector allocation for which a Council has taken final action or which has been submitted by a Council to the Secretary, or approved by the Secretary, within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, except that—
(1)
the requirements of section 303(d) of this Act in effect on the day before the date of enactment of that Act shall apply to any such program;
(2)
the program shall be subject to review under subsection (c)(1)(G) of this section not later than 5 years after the program implementation; and
(3)
nothing in this subsection precludes a Council from incorporating criteria contained in this section into any such plans.
SEC. 304.
[16 U.S.C. 1854]

ACTION BY THE SECRETARY.
(a)

Review of Plans.—
(1)
Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall—
(A)
immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; and
(B)
immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published.
(2)
In undertaking the review required under paragraph (1), the Secretary shall—
(A)
take into account the information, views, and comments received from interested persons;
(B)
consult with the Secretary of State with respect to foreign fishing; and
(C)
consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 303(a)(6).
(3)
The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the comment period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify—
(A)
the applicable law with which the plan or amendment is inconsistent;
(B)
the nature of such inconsistencies; and
(C)
recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.
If the Secretary does not notify a Council within 30 days of the end of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or amendment shall take effect as if approved.
(4)
If the Secretary disapproves or partially approves a plan or amendment, the Council may submit a revised plan or amendment to the Secretary for review under this subsection.
(5)
For purposes of this subsection and subsection (b), the “term immediately” means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final.
(b)

Review of Regulations.—
(1)
Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. Within 15 days of initiating such evaluation the Secretary shall make a determination and—
(A)
if that determination is affirmative, the Secretary shall publish such regulations in the Federal Register, with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or
(B)
if that determination is negative, the Secretary shall notify the Council in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the fishery management plan, plan amendment, this Act, and other applicable law.
(2)
Upon receiving a notification under paragraph (1)(B), the Council may revise the proposed regulations and submit them to the Secretary for reevaluation under paragraph (1).
(3)
The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph (1)(A). The Secretary shall consult with the Council before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any differences between the proposed and final regulations.
(c)

Preparation and Review of Secretarial Plans 41
(1)
The Secretary may prepare a fishery management plan, with respect to any fishery, or any amendment to any such plan, in accordance with the national standards, the other provisions of this Act, and any other applicable law, if—
^{41}
So in law. The em dash and following period were omitted from the subsection heading as amended by section 109(b)(1) of P.L. 104–297.
(A)
the appropriate Council fails to develop and submit to the Secretary, after a reasonable period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management;
(B)
the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment; or
(C)42
the Secretary is given authority to prepare such plan or amendment under this section.
^{42}
Margin so in law.
(2)42
In preparing any plan or amendment under this subsection, the Secretary shall—
(A)
conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan; and
(B)
consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.
(3)
Notwithstanding paragraph (1) for a fishery under the authority of a Council, the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system, including any limited access privilege program, unless such system is first approved by a majority of the voting members, present and voting, of each appropriate Council.
(4)42
Whenever the Secretary prepares a fishery management plan or plan amendment under this section, the Secretary shall immediately—
(A)
for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to the appropriate Council for consideration and comment; and
(B)
publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published.
(5)43
Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 60-day period referred to in paragraph (4)(B). After the close of such 60-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, information, or comments submitted under paragraph (4)(B), may adopt such plan or amendment.
^{43}
Margin so in law.
(6)43
The Secretary may propose regulations in the Federal Register to implement any plan or amendment prepared by the Secretary. In the case of a plan or amendment to which paragraph (4)(A) applies, such regulations shall be submitted to the Council with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the Secretary may shorten the comment period on minor revisions to existing regulations.
(7)43
The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph (6). The Secretary must publish in the Federal Register an explanation of any substantive differences between the proposed and final rules. All final regulations must be consistent with the fishery management plan, with the national standards and other provisions of this Act, and with any other applicable law.
(d)

Establishment of Fees.—
(1)
The Secretary shall by regulation establish the level of any fees which are authorized to be charged pursuant to section 303(b)(1). The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.
(2)
(A)43
Notwithstanding paragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the management, data collection, and enforcement of any—
(i)
limited access privilege program; and
(ii)
community development quota program that allocates a percentage of the total allowable catch of a fishery to such program.
(B)
Such fee shall not exceed 3 percent of the ex-vessel value of fish harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested.
(C)
(i)
Fees collected under this paragraph shall be in addition to any other fees charged under this Act and shall be deposited in the Limited Access System Administration Fund established under section 305(h)(5)(B).
(ii)
Upon application by a State, the Secretary shall transfer to such State up to 33 percent of any fee collected pursuant to subparagraph (A) under a community development quota program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs directly incurred in the management and enforcement of such program.
(e)

Rebuilding Overfished Fisheries.—
(1)
The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such plan or agreement. A fishery shall be classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within two years.
(2)
If the Secretary determines at any time that a fishery is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the Federal Register.
(3)
Within 2 years after an identification under paragraph (1) or notification under paragraphs (2) or (7), the appropriate Council (or the Secretary, for fisheries under section 302(a)(3)) shall prepare and implement a fishery management plan, plan amendment, or proposed regulations for the fishery to which the identification or notice applies—
(A)
to end overfishing immediately in the fishery and to rebuild affected stocks of fish; or
(B)
to prevent overfishing from occurring in the fishery whenever such fishery is identified as approaching an overfished condition.
(4)
For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared pursuant to paragraph (3) or paragraph (5) for such fishery shall—
(A)
specify a time period for rebuilding the fishery that shall—
(i)
be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and
(ii)
not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise;
(B)
allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery; and
(C)
for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States.
(5)
If, within the 2-year period beginning on the date of identification or notification that a fishery is overfished, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish within 9 months under subsection (c).
(6)
During the development of a fishery management plan, a plan amendment, or proposed regulations required by this subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 305(c) until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to stop overfishing of a fishery.
(7)
The Secretary shall review any fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, the Secretary shall—
(A)
in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve adequate progress; or
(B)
for all other fisheries, immediately notify the appropriate Council. Such notification shall recommend further conservation and management measures which the Council should consider under paragraph (3) to achieve adequate progress.
(f)

Miscellaneous Duties.—44
(1) Except as provided in paragraph (3)45, if any fishery extends beyond the geographical area of authority of any one Council, the Secretary may—
^{44}
So in law. Section 110(b)(1)(A) of P.L. 101–627 sought to strike miscellaneous duties'' and insert “fisheries under authority of more than one council”. The amendment probably should have striken “Miscellaneous Duties” and inserted “Fisheries Under Authority of More than One Council”. Because the use of incorrect typeface and capitalization in describing the text to be struck, the amendment cannot be executed.
^{45}
Section 109(f) of P.L. 104–297 (110 Stat. 3585) repealed paragraph (3) of this subsection.
(A)
designate which Council shall prepare the fishery management plan for such fishery and any amendment to such plan; or
(B)
may require that the plan and amendment be prepared jointly by the Councils concerned.
No jointly prepared plan or amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned.
(2)
The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.
(g)

Atlantic Highly Migratory Species.—46
(1)

Preparation and implementation of plan or plan amendment.—
The Secretary shall prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to which section 302(a)(3) applies. In preparing and implementing any such plan or amendment, the Secretary shall—
^{46}
So in law (see section 109(g) of P.L. 104–297). Paragraph (1) should begin on the next line.
(A)
consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and the advisory panel established under section 302(g);
(B)
establish an advisory panel under section 302(g) for each fishery management plan to be prepared under this paragraph;
(C)
evaluate the likely effects, if any, of conservation and management measures on participants in the affected fisheries and minimize, to the extent practicable, any disadvantage to United States fishermen in relation to foreign competitors;
(D)
with respect to a highly migratory species for which the United States is authorized to harvest an allocation, quota, or at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation, quota, or at such fishing mortality level;
(E)
review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan;
(F)
diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and
(G)
ensure that conservation and management measures under this subsection—
(i)
promote international conservation of the affected fishery;
(ii)
take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries;
(iii)
are fair and equitable in allocating fishing privileges among United States fishermen and do not have economic allocation as the sole purpose; and
(iv)
promote, to the extent practicable, implementation of scientific research programs that include the tagging and release of Atlantic highly migratory species.
(2)
Certain fish excluded from “bycatch” definition.—Notwithstanding section 3(2), fish harvested in a commercial fishery managed by the Secretary under this subsection or the Atlantic Tunas Convention Act of 1975 (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, that are not regulatory discards and that are tagged and released alive under a scientific tagging and release program established by the Secretary shall not be considered bycatch for purposes of this Act.
(h)

Repeal or Revocation of a Fishery Management Plan.—
The Secretary may repeal or revoke a fishery management plan for a fishery under the authority of a Council only if the Council approves the repeal or revocation by a three-quarters majority of the voting members of the Council.
(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 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006;
(B)
provide 90 days for public review and comments; and
(C)
promulgate final procedures no later than 12 months after the date of enactment of that Act.
(4)

Public participation.—
The Secretary is authorized and directed, in cooperation with the Council on Environmental Quality and the Councils, to involve the affected public in the development of revised procedures, including workshops or other appropriate means of public involvement.
(i)47

International Overfishing.—
The provisions of this subsection shall apply in lieu of subsection (e) to a fishery that the Secretary determines is overfished or approaching a condition of being overfished due to excessive international fishing pressure, and for which there are no management measures to end overfishing under an international agreement to which the United States is a party. For such fisheries—
^{47}
So in law. Sections 107 and 406(a) of Public Law 109–479 each add a new subsection (i) at the end of section 304.
(1)
the Secretary, in cooperation with the Secretary of State, immediately take appropriate action at the international level to end the overfishing; and
(2)
within 1 year after the Secretary's determination, the appropriate Council, or Secretary, for fisheries under section 302(a)(3) shall—
(A)
develop recommendations for domestic regulations to address the relative impact of fishing vessels of the United States on the stock and, if developed by a Council, the Council shall submit such recommendations to the Secretary; and
(B)
develop and submit recommendations to the 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.
SEC. 305.
[16 U.S.C. 1855]

OTHER REQUIREMENTS AND AUTHORITY.
(a)

Gear Evaluation and Notification of Entry.—
(1)
Not later than 18 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, a list of all fisheries—
(A)
under the authority of each Council and all fishing gear used in such fisheries, based on information submitted by the Councils under section 303(a); and
(B)
to which section 302(a)(3) applies and all fishing gear used in such fisheries.
(2)
The Secretary shall include with such list guidelines for determining when fishing gear or a fishery is sufficiently different from those listed as to require notification under paragraph (3).
(3)
Effective 180 days after the publication of such list, no person or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance written notice to the appropriate Council, or the Secretary with respect to a fishery to which section 302(a)(3) applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90-day period begins.
(4)
A Council may submit to the Secretary any proposed changes to such list or such guidelines the Council deems appropriate. The Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed changes from a Council.
(5)
A Council may request the Secretary to promulgate emergency regulations under subsection (c) to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery if the appropriate Council, or the Secretary for fisheries to which section 302(a)(3) applies, determines that such unlisted gear or unlisted fishery would compromise the effectiveness of conservation and management efforts under this Act.
(6)
Nothing in this subsection shall be construed to permit a person or vessel to engage in fishing or employ fishing gear when such fishing or gear is prohibited or restricted by regulation under a fishery management plan or plan amendment, or under other applicable law.
(b)

Fish Habitat.—
(1)
(A)
The Secretary shall, within 6 months of the date of enactment of the Sustainable Fisheries Act, establish by regulation guidelines to assist the Councils in the description and identification of essential fish habitat in fishery management plans (including adverse impacts on such habitat) and in the consideration of actions to ensure the conservation and enhancement of such habitat. The Secretary shall set forth a schedule for the amendment of fishery management plans to include the identification of essential fish habitat and for the review and updating of such identifications based on new scientific evidence or other relevant information.
(B)
The Secretary, in consultation with participants in the fishery, shall provide each Council with recommendations and information regarding each fishery under that Council's authority to assist it in the identification of essential fish habitat, the adverse impacts on that habitat, and the actions that should be considered to ensure the conservation and enhancement of that habitat.
(C)
The Secretary shall review programs administered by the Department of Commerce and ensure that any relevant programs further the conservation and enhancement of essential fish habitat.
(D)
The Secretary shall coordinate with and provide information to other Federal agencies to further the conservation and enhancement of essential fish habitat.
(2)
Each Federal agency shall consult with the Secretary with respect to any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect any essential fish habitat identified under this Act.
(3)
Each Council—
(A)
may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under its authority; and
(B)
shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an anadromous fishery resource under its authority.
(4)
(A)
If the Secretary receives information from a Council or Federal or State agency or determines from other sources that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any State or Federal agency would adversely affect any essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that can be taken by such agency to conserve such habitat.
(B)
Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response in writing to any Council commenting under paragraph (3) and the Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons for not following the recommendations.
(c)

Emergency Actions and Interim Measures.—
(1)
If the Secretary finds that an emergency or overfishing 48 exists or that interim measures are needed to reduce overfishing for any fishery, he may promulgate emergency or overfishing 48 regulations or interim measures necessary to address the emergency or overfishing 48, without regard to whether a fishery management plan exists for such fishery.
^{48}
Section 110(b)(2)(C) of P.L. 104–297 amended this paragraph by inserting “or overfishing” after “emergency”, but did not specify at which occurence of the word “emergency” the amendment should be made. Therefore, the amendment was executed at each place such word appears.
(2)
If a Council finds that an emergency or overfishing 48 exists or that interim measures 49 are needed to reduce overfishing 48 for any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery—
(A)
the Secretary shall promulgate emergency or overfishing 48 regulations or interim measures 49 under paragraph (1) to address the emergency or overfishing 48 if the Council, by unanimous vote of the members who are voting members, requests the taking of such action; and
^{49}
Section 110(b)(2)(B) of P.L. 104–297 amends this paragraph by inserting “or interim measures” after “emergency regulations”, but did not specify at which occurence of the phrase “emergency regulations” the amendment should be made. Therefore, the amendment was executed at each place such phrase appears.
(B)
the Secretary may promulgate emergency or overfishing 48 regulations or interim measures 49 under paragraph (1) to address the emergency or overfishing 48 if the Council, by less than a unanimous vote, requests the taking of such action.
(3)
Any emergency regulation or interim measure which changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation or interim measure promulgated under this subsection—
(A)
shall be published in the Federal Register together with the reasons therefor;
(B)50
shall, except as provided in subparagraph (C), remain in effect for not more than 180 days after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 186 days,51 provided the public has had an opportunity to comment on the emergency regulation or interim measure, and, in the case of a Council recommendation for emergency regulations or interim measures, the Council is actively preparing a fishery management plan, plan amendment, or proposed regulations to address the emergency or overfishing on a permanent basis;
^{50}
Margin so in law.
^{51}
Section 108(a) of Public Law 109–479 amends paragraph (3)(B) by striking “180 days,” the second time it appears and inserting “186 days,”. There was not a second occurrence of “180 days[,]”; however, the amendment was executed to reflect the probable intent of Congress.
(C)50
that responds to a public health emergency or an oil spill may remain in effect until the circumstances that created the emergency no longer exist,52 Provided, That the public has an opportunity to comment after the regulation 53 is published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs with the Secretary's action; and
^{52}
So in original. The comma should be a colon.
^{53}
Section 110(b)(3)(A) of P.L. 104–297 amends paragraph (3) by inserting “or interim measure” after “emergency regulation” each place such term appears. It did not insert that phrase after “the regulation” in subparagraph (C).
(D)
may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations or interim measures promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.
(d)

Responsibility of the Secretary.—
The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act. The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to discharge such responsibility or to carry out any other provision of this Act.
(e)

Effect of Certain Laws on Certain Time Requirements.—
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12866, dated September 30, 1993, shall be complied with within the time limitations specified in subsections (a), (b), and (c) of section 304 as they apply to the functions of the Secretary under such provisions.
(f)

Judicial Review.—
(1)
Regulations promulgated by the Secretary under this Act and actions described in paragraph (2) shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, United States Code, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable; except that—
(A)
section 705 of such title is not applicable, and
(B)
the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2)(A), (B), (C), or (D) of such title.
(2)
The actions referred to in paragraph (1) are actions that are taken by the Secretary under regulations which implement a fishery management plan, including but not limited to actions that establish the date of closure of a fishery to commercial or recreational fishing.
(3)
(A)
Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension.
(B)
A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that are the subject of the petition.
(4)
Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in every possible way.
(g)

Negotiated Conservation and Management Measures.—
(1)
(A)
In accordance with regulations promulgated by the Secretary pursuant to this paragraph, a Council may establish a fishery negotiation panel to assist in the development of specific conservation and management measures for a fishery under its authority. The Secretary may establish a fishery negotiation panel to assist in the development of specific conservation and management measures required for a fishery under section 304(e)(5), for a fishery for which the Secretary has authority under section 304(g), or for any other fishery with the approval of the appropriate Council.
(B)
No later than 180 days after the date of enactment of the Sustainable Fisheries Act, the Secretary shall promulgate regulations establishing procedures, developed in cooperation with the Administrative Conference of the United States, for the establishment and operation of fishery negotiation panels. Such procedures shall be comparable to the procedures for negotiated rulemaking established by subchapter III of chapter 5 of title 5, United States Code.
(2)
If a negotiation panel submits a report, such report shall specify all the areas where consensus was reached by the panel, including, if appropriate, proposed conservation and management measures, as well as any other information submitted by members of the negotiation panel. Upon receipt, the Secretary shall publish such report in the Federal Register for public comment.
(3)
Nothing in this subsection shall be construed to require either a Council or the Secretary, whichever is appropriate, to use all or any portion of a report from a negotiation panel established under this subsection in the development of specific conservation and management measures for the fishery for which the panel was established.
(h)

Central Registry System for Limited Access System Permits.—
(1)
Within 6 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an exclusive central registry system (which may be administered on a regional basis) for limited access system permits established under section 303(b)(6) or other Federal law, including limited access privileges, which shall provide for the registration of title to, and interests in, such permits, as well as for procedures for changes in the registration of title to such permits upon the occurrence of involuntary transfers, judicial or nonjudicial foreclosure of interests, enforcement of judgments thereon, and related matters deemed appropriate by the Secretary. Such registry system shall—
(A)
provide a mechanism for filing notice of a nonjudicial foreclosure or enforcement of a judgment by which the holder of a senior security interest acquires or conveys ownership of a permit, and in the event of a nonjudicial foreclosure, by which the interests of the holders of junior security interests are released when the permit is transferred;
(B)
provide for public access to the information filed under such system, notwithstanding section 402(b); and
(C)
provide such notice and other requirements of applicable law that the Secretary deems necessary for an effective registry system.
(2)
The Secretary shall promulgate such regulations as may be necessary to carry out this subsection, after consulting with the Councils and providing an opportunity for public comment. The Secretary is authorized to contract with non-Federal entities to administer the central registry system.
(3)
To be effective and perfected against any person except the transferor, its heirs and devisees, and persons having actual notice thereof, all security interests, and all sales and other transfers of permits described in paragraph (1), shall be registered in compliance with the regulations promulgated under paragraph (2). Such registration shall constitute the exclusive means of perfection of title to, and security interests in, such permits, except for Federal tax liens thereon, which shall be perfected exclusively in accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the buyer and seller of a permit if a lien has been filed by the Secretary of the Treasury against the permit before collecting any transfer fee under paragraph (5) of this subsection.
(4)
The priority of security interests shall be determined in order of filing, the first filed having the highest priority. A validly-filed security interest shall remain valid and perfected notwithstanding a change in residence or place of business of the owner of record. For the purposes of this subsection, “security interest” shall include security interests, assignments, liens and other encumbrances of whatever kind.
(5)
(A)
Notwithstanding section 304(d)(1), the Secretary shall collect a reasonable fee of not more than one-half of one percent of the value of a limited access system permit upon registration of the title to such permit with the central registry system and upon the transfer of such registered title. Any such fee collected shall be deposited in the Limited Access System Administration Fund established under subparagraph (B).
(B)
There is established in the Treasury a Limited Access System Administration Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purposes of—
(i)
administering the central registry system; and
(ii)
administering and implementing this Act in the fishery in which the fees were collected. Sums in the Fund that are not currently needed for these purposes shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(i)

Alaska and Western Pacific Community Development Programs.—
(1)

Western alaska community development quota program.—
(A)

In general.—
There is established the western Alaska community development quota program in order—
(i)
to provide eligible western Alaska villages with the opportunity to participate and invest in fisheries in the Bering Sea and Aleutian Islands Management Area;
(ii)
to support economic development in western Alaska;
(iii)
to alleviate poverty and provide economic and social benefits for residents of western Alaska; and
(iv)
to achieve sustainable and diversified local economies in western Alaska.
(B)

Program allocation.—
(i)

In general.—
Except as provided in clause (ii), the annual percentage of the total allowable catch, guideline harvest level, or other annual catch limit allocated to the program in each directed fishery of the Bering Sea and Aleutian Islands shall be the percentage approved by the Secretary, or established by Federal law, as of March 1, 2006, for the program. The percentage for each fishery shall be either a directed fishing allowance or include both directed fishing and nontarget needs based on existing practice with respect to the program as of March 1, 2006, for each fishery.
(ii)

Exceptions.—
Notwithstanding clause (i)—
(I)
the allocation under the program for each directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, pollock, and crab) shall be a total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and
(II)
the allocation under the program in any directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, pollock, and crab) established after the date of enactment of this subclause shall be a total allocation (directed and nontarget combined) of 10.7 percent.
The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.
(iii)

Processing and other rights.—
Allocations to the program include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006.
(iv)

Regulation of harvest.—
The harvest of allocations under the program for fisheries with individual quotas or fishing cooperatives shall be regulated by the Secretary in a manner no more restrictive than for other participants in the applicable sector, including with respect to the harvest of nontarget species.
(C)

Allocations to entities.—
Each entity eligible to participate in the program shall be authorized under the program to harvest annually the same percentage of each species allocated to the program under subparagraph (B) that it was authorized by the Secretary to harvest of such species annually as of March 1, 2006, except to the extent that its allocation is adjusted under subparagraph (H). Such allocation shall include all processing rights and any other rights and privileges associated with such allocations as of March 1, 2006. Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.
(D)

Eligible villages.—
The following villages shall be eligible to participate in the program through the following entities:
(i)
The villages of Akutan, Atka, False Pass, Nelson Lagoon, Nikolski, and Saint George through the Aleutian Pribilof Island Community Development Association.
(ii)
The villages of Aleknagik, Clark's Point, Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski, Levelock, Manokotak, Naknek, Pilot Point, Port Heiden, Portage Creek, South Naknek, Togiak, Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation.
(iii)
The village of Saint Paul through the Central Bering Sea Fishermen's Association.
(iv)
The villages of Chefornak, Chevak, Eek, Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak through the Coastal Villages Region Fund.
(v)
The villages of Brevig Mission, Diomede, Elim, Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White Mountain through the Norton Sound Economic Development Corporation.
(vi)
The villages of Alakanuk, Emmonak, Grayling, Kotlik, Mountain Village, and Nunam Iqua through the Yukon Delta Fisheries Development Association.
(E)

Eligibility requirements for participating entities.—
To be eligible to participate in the program, an entity referred to in subparagraph (D) shall meet the following requirements:
(i)

Board of directors.—
The entity shall be governed by a board of directors. At least 75 percent of the members of the board shall be resident fishermen from the entity's member villages. The board shall include at least one director selected by each such member village.
(ii)

Panel representative.—
The entity shall elect a representative to serve on the panel established by subparagraph (G).
(iii)

Other investments.—
The entity may make up to 20 percent of its annual investments in any combination of the following:
(I)
For projects that are not fishery-related and that are located in its region.
(II)
On a pooled or joint investment basis with one or more other entities participating in the program for projects that are not fishery-related and that are located in one or more of their regions.
(III)
For matching Federal or State grants for projects or programs in its member villages without regard to any limitation on the Federal or State share, or restriction on the source of any non-Federal or non-State matching funds, of any grant program under any other provision of law.
(iv)

Fishery-related investments.—
The entity shall make the remainder percent of its annual investments in fisheries-related projects or for other purposes consistent with the practices of the entity prior to March 1, 2006.
(v)

Annual statement of compliance.—
Each year the entity, following approval by its board of directors and signed by its chief executive officer, shall submit a written statement to the Secretary and the State of Alaska that summarizes the purposes for which it made investments under clauses (iii) and (iv) during the preceding year.
(vi)

Other panel requirements.—
The entity shall comply with any other requirements established by the panel under subparagraph (G).
(F)

Entity status, limitations, and regulation.—
The entity—
(i)
shall be subject to any excessive share ownership, harvesting, or processing limitations in the fisheries of the Bering Sea and Aleutian Islands Management Area only to the extent of the entity's proportional ownership, excluding any program allocations, and notwithstanding any other provision of law;
(ii)
shall comply with State of Alaska law requiring annual reports to the entity's member villages summarizing financial operations for the previous calendar year, including general and administrative costs and compensation levels of the top 5 highest paid personnel;
(iii)
shall comply with State of Alaska laws to prevent fraud that are administered by the Alaska Division of Banking and Securities, except that the entity and the State shall keep confidential from public disclosure any information if the disclosure would be harmful to the entity or its investments; and
(iv)
is exempt from compliance with any State law requiring approval of financial transactions, community development plans, or amendments thereto, except as required by subparagraph (H).
(G)

Administrative panel.—
(i)

Establishment.—
There is established a community development quota program panel.
(ii)

Membership.—
The panel shall consist of 6 members. Each entity participating in the program shall select one member of the panel.
(iii)

Functions.—
The panel shall—
(I)
administer those aspects of the program not otherwise addressed in this paragraph, either through private contractual arrangement or through recommendations to the North Pacific Council, the Secretary, or the State of Alaska, as the case may be; and
(II)
coordinate and facilitate activities of the entities under the program.
(iv)

Voting requirement.—
The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.
(H)

Decennial review and adjustment of entity allocations.—
(i)

In general.—
During calendar year 2012 and every 10 years thereafter, the State of Alaska shall evaluate the performance of each entity participating in the program based on the criteria described in clause (ii).
(ii)

Criteria.—
The panel shall establish a system to be applied under this subparagraph that allows each entity participating in the program to assign relative values to the following criteria to reflect the particular needs of its villages:
(I)
Changes during the preceding 10-year period in population, poverty level, and economic development in the entity's member villages.
(II)
The overall financial performance of the entity, including fishery and nonfishery investments by the entity.
(III)
Employment, scholarships, and training supported by the entity.
(IV)
Achieving of the goals of the entity's community development plan.
(iii)

Adjustment of allocations.—
After the evaluation required by clause (i), the State of Alaska shall make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the program for the criteria described in clause (ii). If the State determines that the entity has maintained or improved its overall performance with respect to the criteria, the allocation to such entity under the program shall be extended by the State for the next 10-year period. If the State determines that the entity has not maintained or improved its overall performance with respect to the criteria—
(I)
at least 90 percent of the entity's allocation for each species under subparagraph (C) shall be extended by the State for the next 10-year period; and
(II)
the State may determine, or the Secretary may determine (if State law prevents the State from making the determination), and implement an appropriate reduction of up to 10 percent of the entity's allocation for each species under subparagraph (C) for all or part of such 10-year period.
(iv)

Reallocation of reduced amount.—
If the State or the Secretary reduces an entity's allocation under clause (iii), the reduction shall be reallocated among other entities participating in the program whose allocations are not reduced during the same period in proportion to each such entity's allocation of the applicable species under subparagraph (C).
(I)

Secretarial approval not required.—
Notwithstanding any other provision of law or regulation thereunder, the approval by the Secretary of a community development plan, or an amendment thereof, under the program is not required.
(J)

Community development plan defined.—
In this paragraph, the term “community development plan” means a plan, prepared by an entity referred to in subparagraph (D), for the program that describes how the entity intends—
(i)
to harvest its share of fishery resources allocated to the program, or
(ii)
to use its share of fishery resources allocated to the program, and any revenue derived from such use, to assist its member villages with projects to advance economic development,
but does not include a plan that allocates fishery resources to the program.
(2)
(A)
The Western Pacific Council and the Secretary may establish a western Pacific community development program for any fishery under the authority of such Council in order to provide access to such fishery for western Pacific communities that participate in the program.
(B)
To be eligible to participate in the western Pacific community development program, a community shall—
(i)
be located within the Western Pacific Regional Fishery Management Area;
(ii)
meet criteria developed by the Western Pacific Council, approved by the Secretary and published in the Federal Register;
(iii)
consist of community residents who are descended from the aboriginal people indigenous to the area who conducted commercial or subsistence fishing using traditional fishing practices in the waters of the Western 54 Pacific region;
^{54}
So in original; probably should be “western”.
(iv)
not have previously developed harvesting or processing capability sufficient to support substantial participation in fisheries in the Western Pacific Regional Fishery Management Area; and
(v)
develop and submit a Community Development Plan to the Western Pacific Council and the Secretary.
(C)
In developing the criteria for eligible communities under subparagraph (B)(ii), the Western Pacific Council shall base such criteria on traditional fishing practices in or dependence on the fishery, the cultural and social framework relevant to the fishery, and economic barriers to access to the fishery.
(D)
For the purposes of this subsection “Western Pacific Regional Fishery Management Area” means the area under the jurisdiction of the Western Pacific Council, or an island within such area.
(E)
Notwithstanding any other provision of this Act, the Western Pacific Council shall take into account traditional indigenous fishing practices in preparing any fishery management plan.
(3)
The Secretary shall deduct from any fees collected from a community development quota program under section 304(d)(2) the costs incurred by participants in the program for observer and reporting requirements which are in addition to observer and reporting requirements of other participants in the fishery in which the allocation to such program has been made.
(4)
After the date of enactment of the Sustainable Fisheries Act, the North Pacific Council and Western Pacific Council may not submit to the Secretary a community development quota program that is not in compliance with this subsection.
(j)

Western Pacific and Northern Pacific Regional Marine Education and Training.—
(1)

In general.—
The Secretary shall establish a pilot program for regionally-based marine education and training programs in the Western Pacific and the Northern Pacific to foster understanding, practical use of knowledge (including native Hawaiian, Alaskan Native, and other Pacific Islander-based knowledge), and technical expertise relevant to stewardship of living marine resources. The Secretary shall, in cooperation with the Western Pacific and the North Pacific Regional Fishery Management Councils, regional educational institutions, and local Western Pacific and Northern 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, Alaskan Natives, and other underrepresented groups in the region.
(2)

Program components.—
The program shall—
(A)
include marine science and technology education and training programs focused on preparing community residents for employment in marine related professions, including marine resource conservation and management, marine science, marine technology, and maritime 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, Alaska, the Western Pacific, the Northern Pacific, and the Central Pacific;
(D)
include programs to identify, with the fishing industry, methods and technologies that will improve the data collection, quality, and reporting and increase the sustainability of fishing practices, and to transfer such methods and technologies among fisheries sectors and to other nations in the Western, Northern, and Central Pacific;
(E)
develop means by which local and traditional knowledge (including Pacific islander, Native Hawaiian, and Alaskan Native knowledge) can enhance science-based management of fishery resources of the region; and
(F)
develop partnerships with other Western Pacific Island and Alaskan agencies, academic institutions, and other entities to meet the purposes of this section.
(k)

Multispecies Groundfish.—
(1)

In general.—
Within 60 days after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary of Commerce shall determine whether fishing in State waters—
(A)
without a New England multispecies groundfish fishery permit on regulated species within the multispecies complex is not consistent with the applicable Federal fishery management plan; or
(B)
without a Federal bottomfish and seamount groundfish permit in the Hawaiian archipelago on regulated species within the complex is not consistent with the applicable Federal fishery management plan or State data are not sufficient to make such a determination.
(2)

Cure.—
If the Secretary makes a determination that such actions are not consistent with the plan, the Secretary shall, in consultation with the Council, and after notifying the affected State, develop and implement measures to cure the inconsistency pursuant to section 306(b).
SEC. 306.
[16 U.S.C. 1856]

STATE JURISDICTION.
(a)

In General.—
(1)
Except as provided in subsection (b), nothing in this Act shall be construed as extending or diminishing the jurisdiction or authority of any State within its boundaries.
(2)
For the purposes of this Act, except as provided in subsection (b), the jurisdiction and authority of a State shall extend—
(A)
to any pocket of waters that is adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the United States is a party;
(B)
with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich; and
(C)
to the waters of southeastern Alaska (for the purpose of regulating fishing for other than any species of crab) that are—
(i)
north of the line representing the international boundary at Dixon Entrance and the westward extension of that line; east of 138 degrees west longitude; and not more than three nautical miles seaward from the coast, from the lines extending from headland to headland across all bays, inlets, straits, passes, sounds, and entrances, and from any island or group of islands, including the islands of the Alexander Archipelago (except Forrester Island); or
(ii)
between the islands referred to in clause (i) (except Forrester Island) and the mainland.
(3)
A State may regulate a fishing vessel outside the boundaries of the State in the following circumstances:
(A)
The fishing vessel is registered under the law of that State, and (i) there is no fishery management plan or other applicable Federal fishing regulations for the fishery in which the vessel is operating; or (ii) the State's laws and regulations are consistent with the fishery management plan and applicable Federal fishing regulations for the fishery in which the vessel is operating.
(B)
The fishery management plan for the fishery in which the fishing vessel is operating delegates management of the fishery to a State and the State's laws and regulations are consistent with such fishery management plan. If at any time the Secretary determines that a State law or regulation applicable to a fishing vessel under this circumstance is not consistent with the fishery management plan, the Secretary shall promptly notify the State and the appropriate Council of such determination and provide an opportunity for the State to correct any inconsistencies identified in the notification. If, after notice and opportunity for corrective action, the State does not correct the inconsistencies identified by the Secretary, the authority granted to the State under this subparagraph shall not apply until the Secretary and the appropriate Council find that the State has corrected the inconsistencies. For a fishery for which there was a fishery management plan in place on August 1, 1996 that did not delegate management of the fishery to a State as of that date, the authority provided by this subparagraph applies only if the Council approves the delegation of management of the fishery to the State by a three-quarters majority vote of the voting members of the Council.
(C)
The fishing vessel is not registered under the law of the State of Alaska and is operating in a fishery in the exclusive economic zone off Alaska for which there was no fishery management plan in place on August 1, 1996, and the Secretary and the North Pacific Council find that there is a legitimate interest of the State of Alaska in the conservation and management of such fishery. The authority provided under this subparagraph shall terminate when a fishery management plan under this Act is approved and implemented for such fishery.
(b)

Exception.—
(1)
If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that—
(A)
the fishing is a fishery, which is covered by a fishery management plan implemented under this Act, is engaged in predominately within the exclusive economic zone and beyond such zone; and
(B)
any State has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such fishery management plan;
the Secretary shall promptly notify such State and the appropriate Council of such finding and of his intention to regulate the applicable fishery within the boundaries of such State (other than its internal waters), pursuant to such fishery management plan and the regulations promulgated to implement such plan.
(2)
If the Secretary, pursuant to this subsection, assumes responsibility for the regulation of any fishery, the State involved may at any time thereafter apply to the Secretary for reinstatement of its authority over such fishery. If the Secretary finds that the reasons for which he assumed such regulation no longer prevail, he shall promptly terminate such regulation.
(3)55
If the State involved requests that a hearing be held pursuant to paragraph (1), the Secretary shall conduct such hearing prior to taking any action under paragraph (1).
^{55}
Margin so in law.
(c)

Exception Regarding Foreign Fish Processing in Internal Waters.—
(1)
A foreign fishing vessel may engage in fish processing within the internal waters of a State if, and only if—
(A)
the vessel is qualified for purposes of this paragraph pursuant to paragraph (4)(C) or has received a permit under section 204(d);
(B)
the owner or operator of the vessel applies to the Governor of the State for, and (subject to paragraph (2)) is granted, permission for the vessel to engage in such processing and the application specifies the species to be processed; and
(C)55
the owner or operator of the vessel submits reports on the tonnage of fish received from vessels of the United States and the locations from which such fish were harvested, in accordance with such procedures as the Secretary by regulation shall prescribe.
(2)
The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (1)—
(A)
for a fishery which occurs in the waters of more than one State or in the exclusive economic zone, except after—
(i)
consulting with the appropriate Council and Marine Fisheries Commission, and
(ii)
considering any comments received from the Governor of any other State where the fishery occurs; and
(B)
if the Governor determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.
(3)
Nothing in this subsection may be construed as relieving a foreign fishing vessel from the duty to comply with all applicable Federal and State laws while operating within the internal waters of a State incident to permission obtained under paragraph (1)(B).
(4)
For purposes of this subsection—
(A)
The term “fish processing” includes, in addition to processing, the performance of any other activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, or transportation.
(B)
The phrase “internal waters of a State” means all waters within the boundaries of a State except those seaward of the baseline from which the territorial sea is measured.
(C)
A foreign fishing vessel shall be treated as qualified for purposes of paragraph (1) if the foreign nation under which it is flagged will be a party to (i) a governing international fishery agreement or (ii) a treaty described in section 201(b) of this Act (16 U.S.C. 1821(b)) during the time the vessel will engage in the fish processing for which permission is sought under paragraph (1)(B).
SEC. 307.
[16 U.S.C. 1857]

PROHIBITED ACTS.
It is unlawful—
(1)
for any person—
(A)
to violate any provision of this Act or any regulation or permit issued pursuant to this Act;
(B)
to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this Act;
(C)
to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to section 201(c);
(D)
to refuse to permit any officer authorized to enforce the provisions of this Act (as provided for in section 311) to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(E)
to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D);
(F)
to resist a lawful arrest for any act prohibited by this section;
(G)
to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(H)
to interfere, with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section;
(I)
to knowingly and willfully submit to a Council, the Secretary, or the Governor of a State false information (including, but not limited to, false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States) regarding any matter that the Council, Secretary, or Governor is considering in the course of carrying out this Act;
(J)
to ship, transport, offer for sale, sell, or purchase, in interstate or foreign commerce, any whole live lobster of the species Homarus americanus, that—
(i)
is smaller than the minimum possession size in effect at the time under the American Lobster Fishery Management Plan, as implemented by regulations published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented under this title, or in the absence of any such plan, is smaller than the minimum possession size in effect at the time under a coastal fishery management plan for American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.);
(ii)
is bearing eggs attached to its abdominal appendages; or
(iii)
bears evidence of the forcible removal of extruded eggs from its abdominal appendages;
(K)
to knowingly steal, or without authorization, to 56 remove, damage, or tamper with—
^{56}
Section 113(b)(1) of P.L. 104–297 sought to amend this subparagraph by striking “knowingly steal or without authorization, to” and inserting “to steal or attempt to steal or to negligently and without authorization”. The text sought to be struck does not appear. Therefore the amendment cannot be executed.
(i)
fishing gear owned by another person, which is located in the exclusive economic zone 57, or
^{57}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(h)(1) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 64) amends this subparagraph by inserting “or special area” after “exclusive economic zone”.
(ii)
fish contained in such fishing gear;
(L)
to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act;
(M)
to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use of a fishing vessel of the United States to engage in such fishing beyond the exclusive economic zone of any nation, unless such large-scale driftnet fishing—
(i)
deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and
(ii)
is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act;
(N)
to strip pollock of its roe and discard the flesh of the pollock;
(O)
to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A);
(P)
(i)
to remove any of the fins of a shark (including the tail) at sea;
(ii)
to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass;
(iii)
to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or
(iv)
to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;
(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 any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; or
(R)
to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters of another country, after the Secretary has made a payment to the owner of that fishing vessel under section 312(b)(2).
For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term “naturally attached”, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin.
(2)
for any vessel other than a vessel of the United States, and for the owner or operator of any vessel other than a vessel of the United States, to engage—
(A)
in fishing within the boundaries of any State, except—
(i)
recreational fishing permitted under section 201(i);
(ii)
fish processing permitted under section 306(c); or
(iii)
transshipment at sea of fish or fish products within the boundaries of any State in accordance with a permit approved under section 204(d);
(B)
in fishing, except recreational fishing permitted under section 201(i), within the exclusive economic zone, or for any anadromous species or Continental Shelf fishery resources beyond such zone or areas, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 204(b), (c), or (d); or
(C)
except as permitted under section 306(c), in fish processing (as defined in paragraph (4)(A) of such section) within the internal waters of a State (as defined in paragraph (4)(B) of such section);
(3)
for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer at sea directly or indirectly, or attempt to so transfer at sea, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone or within the boundaries of any State except to the extent that the foreign fishing vessel has been permitted under section 204(d) or section 306(c) to receive such fish;
(4)
for any fishing vessel other than a vessel of the United States to operate, and for the owner or operator of a fishing vessel other than a vessel of the United States to operate such vessel, in the exclusive economic zone 58 or within the boundaries of any State or special areas, if—
^{58}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(h)(4) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 64) amends this paragraph by inserting “or special area” after “exclusive economic zone”.
(A)
all fishing gear on the vessel is not stored below deck or in an area where it is not normally used, and not readily available, for fishing; or
(B)
all fishing gear on the vessel which is not so stored is not secured and covered so as to render it unusable for fishing;
unless such vessel is authorized to engage in fishing in the area in which the vessel is operating; and
(5)
for any vessel of the United States, and for the owner or operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates an international fishery agreement between that nation and the United States that has been subject to Congressional oversight in the manner described in section 203, or any regulations issued to implement such an agreement; except that the binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior to such violation.
SEC. 308.
[16 U.S.C. 1858]

CIVIL PENALTIES AND PERMIT SANCTIONS.
(a)

Assessment of Penalty.—
Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 307 or section 32160 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay,59 Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
^{59}
So in original. The comma should be changed to a colon.
^{60}
Effective on January 13, 2022, section 3(b) of Public Law 116-340 amended section 308(a) by inserting “or section 321” after “section 307”. Effective on January 13, 2026, section 3(e)(2) of Public Law 116-340 amends section 308(a) by striking “or section 321”.
(b)

Review of Civil Penalty.—
Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code.
(c)

Action Upon Failure To Pay Assessment.—
If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
(d)

In Rem Jurisdiction.—
A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 307 shall be liable in rem for any civil penalty assessed for such violation under section 308 and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.
(e)

Compromise or Other Action by Secretary.—
The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.
(f)

Subpenas.—
For the purposes of conducting any hearing under this section, the Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(g)

Permit Sanctions.—
(1)
In any case in which (A) a vessel has been used in the commission of an act prohibited under section 307, (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 307, (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, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue, the Secretary may—
(i)
revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;
(ii)
suspend such permit for a period of time considered by the Secretary to be appropriate;
(iii)
deny such permit; or
(iv)
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 foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application.
(2)
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.
(3)
Transfer of ownership of a vessel, 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, 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 at the time of the transfer.
(4)
In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
(5)
No sanctions shall be imposed under this subsection unless there has been a 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.
SEC. 309.
[16 U.S.C. 1859]

CRIMINAL OFFENSES.
(a)

Offenses.—
A person is guilty of an offense if he commits any act prohibited by—
(1)
section 307(1)(D), (E), (F), (H), (I), or (L); or
(2)
section 307(2).
(b)

Punishment.—
Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 307(1)(L) or any officer authorized to enforce the provisions of this Act (as provided for in section 311), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
(c)

Jurisdiction.—
There is Federal jurisdiction over any offense described in this section.
SEC. 310.
[16 U.S.C. 1860]

CIVIL FORFEITURES.
(a)

In General.—
Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 307 (other than any act for which the issuance of a citation under section 311(c) is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.
(b)

Jurisdiction of Courts.—
Any district court of the United States which has jurisdiction under section 311(d) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).
(c)

Judgment.—
If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—
(1)
the seizure, forfeiture, and condemnation of property for violation of the customs law;
(2)
the disposition of such property or the proceeds from the sale thereof; and
(3)
the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, unless such provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with respect to this Act, be performed by officers or other persons designated for such purpose by the Secretary.
(d)

Procedure.—
(1)
Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 311 (d) shall—
(A)
stay the execution of such process; or
(B)
discharge any fish seized pursuant to such process;
upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary's discretion or pursuant to the order of a court under section 311(d), to release on bond any seized fish or other property or the proceeds from the sale thereof.
(2)
Any fish seized pursuant to this Act may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.
(e)

Rebuttable Presumption.—
(1)
For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by section 307 were taken or retained in violation of this Act.
(2)
For purposes of this Act, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.)
(3)61
For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.
^{61}
Margin so in law.
SEC. 311.
[16 U.S.C. 1861]

ENFORCEMENT.
(a)

Responsibility.—
The provisions of this Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties.
(b)

Powers of Authorized Officers.—
(1)
Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this Act may—
(A)
with or without a warrant or other process—
(i)
arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 307;
(ii)
board, and search or inspect, any fishing vessel which is subject to the provisions of this Act;
(iii)
seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provisions of this Act;
(iv)
seize any fish (wherever found) taken or retained in violation of any provision of this Act;
(v)
seize any other evidence related to any violation of any provisions of this Act; and
(vi)62
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 vessel monitoring systems, satellite-based maritime distress and safety systems, or any similar system, subject to the confidentiality provisions of section 402;
^{62}
Margin so in law.
(B)
execute any warrant or other process issued by any court of competent jurisdiction; and
(C)
exercise any other lawful authority.
(2)
Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a State agency, subject to such conditions and restrictions as are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations within the exclusive economic zone 63, the Secretary of the department in which the Coast Guard is operating.
^{63}
Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 301(i) of the Flower Garden National Marine Sanctuary (P.L. 102–251; 106 Stat. 64) amends this paragraph by inserting “and special areas” after “exlusive economic zone”.
(c)

Issuance of Citations.—
If any officer authorized to enforce the provisions of this Act (as provided for in this section) finds that a fishing vessel is operating or has been operated in violation of any provision of this Act, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this Act for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection.
(d)

Jurisdiction of Courts.—
The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. Any such court may, at any time—
(1)
enter restraining orders or prohibitions;
(2)
issue warrants, process in rem, or other process;
(3)
prescribe and accept satisfactory bonds or other security; and
(4)
take such other actions as are in the interest of justice.
(e)

Payment of Storage, Care, and Other Costs.—
(1)
Notwithstanding any other provision of law, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, and forfeitures of property for violations of any provisions of this Act or of any other marine resource law enforced by the Secretary, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)—
(A)
the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act or any other marine resource law enforced by the Secretary with respect to that fish or other property;
(B)
a reward of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount, 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;
(C)
any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings;
(D)
any valid liens or mortgages against any property that has been forfeited;
(E)64
claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), as made applicable by section 310(c) of this Act or by any other marine resource law enforced by the Secretary, to seizures made by the Secretary, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and
^{64}
Margin so in law.
(F)
reimbursement to any Federal or State agency, including the Coast Guard, for services performed, or personnel, equipment, or facilities utilized, under any agreement with the Secretary entered into pursuant to subsection (a), or any similar agreement authorized by law.
(2)64
Any person found in an administrative or judicial proceeding to have violated this Act or any other marine resource law enforced by the Secretary shall be liable for the cost incurred in the sale, storage, care, and maintenance of any fish or other property lawfully seized in connection with the violation.
(f)

Enforcement of Northeast Multispecies Fishery Management Plan.—
(1)

Enforcement agreements.—
Beginning not later than October 1, 1993, the Secretary shall, if requested by the Governor of a State represented on the New England Fishery Management Council, enter into an agreement under subsection (a), with each of the States represented on such Council, that authorizes the marine law enforcement agency of such State to perform duties of the Secretary relating to enforcement of the Northeast Multispecies Fishery Management Plan.
(2)

Reimbursement.—
An agreement with a State under this subsection shall provide, subject to the availability of appropriations, for reimbursement of the State for expenses incurred in detection and prosecution of violations of any fishery management plan approved by the Secretary.
(3)

Coast guard enforcement working group.—
(A)

Establishment.—
The Commander of the First Coast Guard District shall establish an informal fisheries enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under the Northeast Multispecies Fishery Management Plan.
(B)

Membership.—
The working group shall consist of members selected by the Commander, and shall include—
(i)
individuals who are representatives of various fishing ports located in the States represented on the New England Fishery Management Council;
(ii)
captains of fishing vessels that operate in waters under the jurisdiction of that Council; and
(iii)
other individuals the Commander considers appropriate.
(C)

Non-federal status of working group members.—
An individual shall not receive any compensation for, and shall not be considered to be a Federal employee based on, membership in the working group.
(D)

Meetings.—
The working group shall meet, at the call of the Commander, at least 4 times each year. The meetings shall be held at various major fishing ports in States represented on the New England Fishery Management Council, as specified by the Commander.
(4)

Use of fines and penalties.—
Amounts available to the Secretary under this Act which are attributable to fines and penalties imposed for violations of the Northeast Multispecies Fishery Management Plan shall be used by the Secretary pursuant to this section to enforce that Plan.
(g)

Enforcement in the Pacific Insular Areas.—
The Secretary, in consultation with the Governors of the Pacific Insular Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.
(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 2006, the Secretary shall implement data-sharing measures to make any data required to be provided by this Act from satellite-based maritime distress and safety systems, vessel monitoring systems, or similar systems—
(A)
directly accessible by State enforcement officers authorized under subsection (a) of this section; and
(B)
available to a State management agency involved in, or affected by, management of a fishery if the State has entered into an agreement with the Secretary under section 402(b)(1)(B) of this Act.
(2)

Agreement required.—
The Secretary shall promptly enter into an agreement with a State under section 402(b)(1)(B) of this Act if—
(A)
the Attorney General or highest ranking legal officer of the State provides a written opinion or 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.
(j)

Definitions.—
For purposes of this section—
(1)
The term “provisions of this Act” includes (A) any regulation or permit issued pursuant to this Act, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 201 (b) or (c),65 with respect to fishing subject to the exclusive fishery management authority of the United States.
^{65}
Section 115(e) of P.L. 104–297 sought to amend section 311(i)(1) of the Magnuson Fishery Conservation and Management Act by striking “201(b), (c)” and inserting “201(b) or (c), or section 204(d)”. However, there is no subsection (i) in section 311. The intent may have been to amend section 311(h)(1). However, the language sought to be struck does not appear in that section. For both of these reasons, the amendment cannot be executed.
(2)
The term “violation of any provision of this Act” includes (A) the commission of any act prohibited by section 307, and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1).
SEC. 312.
[16 U.S.C. 1861a]

TRANSITION TO SUSTAINABLE FISHERIES.
(a)

Fishery Resource Disaster Relief.—
(1)

Definitions.—
In this subsection:
(A)

Allowable cause.—
The term “allowable cause” means a natural cause, discrete anthropogenic cause, or undetermined cause, including a cause that occurred not more than 5 years prior to the date of a request for a fishery resource disaster determination that affected such applicable fishery.
(B)

Anthropogenic cause.—
The term “anthropogenic cause” means an anthropogenic event, such as an oil spill or spillway opening—
(i)
that could not have been addressed or prevented by fishery management measures; and
(ii)
that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
(C)

Fishery resource disaster.—
The term “fishery resource disaster” means a disaster that is determined by the Secretary in accordance with this subsection and—
(i)
is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an allowable cause; and
(ii)
does not include—
(I)
reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species distribution or stock abundance; or
(II)
reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this Act.
(D)

Indian tribe.—
The term “Indian Tribe” has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), and the term “Tribal” means of or pertaining to such an Indian tribe.
(E)

Natural cause.—
The term “natural cause”—
(i)
means a weather, climatic, hazard, or biology-related event, such as—
(I)
a hurricane;
(II)
a flood;
(III)
a harmful algal bloom;
(IV)
a tsunami;
(V)
a hypoxic zone;
(VI)
a drought;
(VII)
El Niño effects on water temperature;
(VIII)
a marine heat wave; or
(IX)
disease; and
(ii)
does not mean a normal or cyclical variation in a species distribution or stock abundance.
(F)

12-month revenue loss.—
The term “12-month revenue loss” means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories.
(G)

Undetermined cause.—
The term “undetermined cause” means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster.
(2)

General authority.—
(A)

In general.—
The Secretary shall have the authority to determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection.
(B)

Availability of funds.—
After the Secretary determines that a fishery resource disaster has occurred, the Secretary is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Indian Tribe, or interstate marine fisheries commission, or by the Secretary in cooperation with the affected State, Indian Tribe, or interstate marine fisheries commission.
(C)

Savings clause.—
The requirements under this paragraph and paragraphs (3), (4), and (5) shall take effect only with respect to fishery resource disaster determination requests submitted after the date of enactment of the Fishery Resource Disasters Improvement Act.
(3)

Initiation of a fishery resource disaster review.—
(A)

Eligible requesters.—
(i)

In general.—
If the Secretary has not independently determined that a fishery resource disaster has occurred, a request for a fishery resource disaster determination may be submitted to the Secretary at any time, but not later than the applicable date determined under clause (ii), by—
(I)
the Governor of an affected State;
(II)
an official resolution of an Indian Tribe; or
(III)
any other comparable elected or politically appointed representative as determined by the Secretary.
(ii)

Applicable date.—
The applicable date under this clause shall be—
(I)
1 year after the date of the conclusion of the fishing season;
(II)
in the case of a distinct cause that occurs during more than 1 consecutive fishing season, 2 years after the date of the conclusion of the fishing season for which the request for a fishery resource disaster determination is made; or
(III)
in the case of a complete fishery closure, 1 year after the date on which that closure is determined by the Secretary.
(B)

Required information.—
A complete request for a fishery resource disaster determination under subparagraph (A) shall include—
(i)
identification of all presumed affected fish stocks;
(ii)
identification of the fishery as Federal, non-Federal, or both;
(iii)
the geographical boundaries of the fishery, as determined by the eligible requester, including geographic boundaries that are smaller than the area represented by the eligible requester;
(iv)
preliminary information on causes of the fishery resource disaster, if known; and
(v)
information needed to support a finding of a fishery resource disaster, including—
(I)
information demonstrating the occurrence of an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which could include the loss of fishing vessels and gear, for a substantial period of time;
(II)
significant—
- (aa)
12-month revenue loss for the affected fishery; or
- (bb)
negative subsistence impact for the affected fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred;
(III)
if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements; and
(IV)
if applicable and available, information on affected fishery 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).
(C)

Assistance.—
The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if—
(i)
the assistance is so requested;
(ii)
the Secretary is in possession of the required information described in subparagraph (B); and
(iii)
the data is not available to the requester, in carrying out the complete request under subparagraph (B).
(D)

Initiation of review.—
The Secretary shall have the discretion to initiate a fishery resource disaster review without a request.
(4)

Review process.—
(A)

Interim response.—
Not later than 20 days after receipt of a request under paragraph (3), the Secretary shall provide an interim response to the individual that—
(i)
acknowledges receipt of the request;
(ii)
provides a regional contact within the National Oceanographic and Atmospheric Administration;
(iii)
outlines the process and timeline by which a request shall be considered; and
(iv)
requests additional information concerning the fishery resource disaster, if the original request is considered incomplete.
(B)

Evaluation of requests.—
(i)

In general.—
The Secretary shall complete a review, within the time frame described in clause (ii), using the best scientific information available, in consultation with the affected fishing communities, States, or Indian Tribes, of—
(I)
the information provided by the requester and any additional information relevant to the fishery, which may include—
- (aa)
fishery characteristics;
- (bb)
stock assessments;
- (cc)
the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal, State, or Tribal officials;
- (dd)
estimates of mortality; and
- (ee)
overall effects; and
(II)
the available economic information, which may include an analysis of—
- (aa)
landings data;
- (bb)
revenue;
- (cc)
the number of participants involved;
- (dd)
the number and type of jobs and persons impacted, which may include—
(AA)
fishers;
(BB)
charter fishing operators;
(CC)
subsistence users;
(DD)
United States fish processors; and
(EE)
an owner of a related fishery infrastructure or business affected by the disaster, such as a marina operator, recreational fishing equipment retailer, or charter, headboat, or tender vessel owner, operator, or crew;
- (ee)
an impacted Indian Tribe;
- (ff)
other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event;
- (gg)
the length of time the resource, or access to the resource, has been restricted;
- (hh)
status of recovery from previous fishery resource disasters;
- (ii)
lost resource tax revenues assessed by local communities, such as a raw fish tax; and
- (jj)
other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service.
(ii)

Time frame.—
The Secretary shall complete the review described in clause (i), if the fishing season, applicable to the fishery—
(I)
has concluded or there is no defined fishing season applicable to the fishery, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination;
(II)
has not concluded, not later than 120 days after the conclusion of the fishing season; or
(III)
is expected to be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination.
(C)

Fishery resource disaster determination.—
The Secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph (5).
(D)

Notification.—
Not later than 14 days after the conclusion of the review under this paragraph, the Secretary shall notify the requester and the Governor of the affected State or Indian Tribe representative of the determination of the Secretary.
(5)

Criteria for determinations.—
(A)

In general.—
The Secretary shall make a determination about whether a fishery resource disaster has occurred, based on the revenue loss thresholds under subparagraph (B), and, if a fishery resource disaster has occurred, whether the fishery resource disaster was due to—
(i)
a natural cause;
(ii)
an anthropogenic cause;
(iii)
a combination of a natural cause and an anthropogenic cause; or
(iv)
an undetermined cause.
(B)

Revenue loss thresholds.—
(i)

In general.—
Based on the information provided or analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month revenue loss thresholds in determining whether a fishery resource disaster has occurred:
(I)
Losses greater than 80 percent may result in a positive determination that a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B).
(II)
Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to determine that a fishery resource disaster has occurred.
(III)
Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred.
(ii)

Charter fishing.—
In making a determination of whether a fishery resource disaster has occurred, the Secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses.
(iii)

Negative subsistence impacts.—
In considering negative subsistence impacts, the Secretary shall evaluate the severity of negative impacts to the fishing community instead of applying the revenue loss thresholds described in clause (i).
(C)

Ineligible fisheries.—
A fishery subject to overfishing in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery resource disaster has occurred unless the Secretary determines that overfishing was not a contributing factor to the fishery resource disaster.
(D)

Exceptional circumstances.—
In an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the Secretary may determine a fishery resource disaster has occurred without a request, notwithstanding the requirements under subparagraph (B) and paragraph (3).
(6)

Disbursal of appropriated funds.—
(A)

Authorization.—
The Secretary shall allocate funds available under paragraph (9) for fishery resource disasters.
(B)

Allocation of appropriated fishery resource disaster assistance.—
(i)

Notification of funding availability.—
When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall notify—
(I)
the public; and
(II)
representatives of affected fishing communities with a positive disaster determination that is unfunded;
of the availability of funds, not more than 14 days after the date of the appropriation or the determination of a fishery resource disaster, whichever occurs later.
(ii)

Extension of deadline.—
The Secretary may extend the deadline under clause (i) by 90 days to evaluate and make determinations on eligible requests.
(C)

Considerations.—
In determining the allocation of appropriations for a fishery resource disaster, the Secretary shall consider commercial, charter, headboat, or seafood processing revenue losses and negative impacts to subsistence or Indian Tribe ceremonial fishing opportunity, for the affected fishery, and may consider the following factors:
(i)
Direct economic impacts.
(ii)
Uninsured losses.
(iii)
Losses of recreational fishing opportunity.
(iv)
Aquaculture operations revenue loss.
(v)
Direct revenue losses to a fishing community.
(vi)
Treaty obligations.
(vii)
Other economic impacts.
(D)

Spend plans.—
(i)

In general.—
To receive an allocation from funds available under paragraph (9), a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the Secretary, not more than 120 days after receiving notification that funds are available, that shall include the following information, if applicable:
(I)
Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses, if applicable.
(II)
Statement of work.
(III)
Budget details.
(ii)

Review.—
(I)

In general.—
The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days.
(II)

Incomplete spend plan.—
If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete.
(E)

Regional contact.—
If so requested, the Secretary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds.
(F)

Disbursal of funds.—
(i)

Availability.—
(I)

Timeline.—
Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan.
(II)

Review of completed spend plan and apportionment of funds.—
If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I).
(ii)

Method.—
The Secretary may provide an allocation of funds under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract.
(iii)

Eligible uses.—
(I)

In general.—
Funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the future, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of priority:
- (aa)
Habitat conservation and restoration and other activities, including scientific research, that reduce adverse impacts to the fishery or improve understanding of the affected species or its ecosystem.
- (bb)
The collection of fishery information and other activities that improve management of the affected fishery.
- (cc)
In a commercial fishery, capacity reduction and other activities that improve management of fishing effort, including funds to offset budgetary costs to refinance a Federal fishing capacity reduction loan or to repay the principal of a Federal fishing capacity reduction loan.
- (dd)
Developing, repairing, or improving fishery-related public infrastructure.
- (ee)
Direct assistance to a person, fishing community (including assistance for lost fisheries resource levies), or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster, particularly when affected by a circumstance described in paragraph (5)(D) or by negative impacts to subsistence or Indian Tribe ceremonial fishing opportunity.
- (ff)
Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock.
(II)

Displaced fishery employees.—
Where appropriate, individuals carrying out the activities described in items (aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Indian Tribe fishery for which the Secretary has determined that a fishery resource disaster has occurred.
(7)

Limitations.—
(A)

Federal share.—
(i)

In general.—
Except as provided in clauses (ii) and (iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity.
(ii)

Waiver.—
The Secretary may waive the non-Federal share requirements of this subsection, if the Secretary determines that—
(I)
no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and
(II)
the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement.
(iii)

Exception.—
The Federal share shall be equal to 100 percent in the case of—
(I)
direct assistance as described in paragraph (6)(F)(iii)(I)(ee); or
(II)
assistance to subsistence or Tribal fisheries.
(B)

Limitations on administrative expenses.—
(i)

Federal.—
Not more than 3 percent of the funds available under this subsection may be used for administrative expenses by the National Oceanographic and Atmospheric Administration.
(ii)

State governments or indian tribes.—
Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Indian Tribes, or interstate marine fisheries commissions for administrative expenses.
(C)

Fishing capacity reduction program.—
(i)

In general.—
No funds available under this subsection may be used as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and management measures are in place in such fishery.
(ii)

Assistance conditions.—
As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall—
(I)
prohibit the vessel from being used for fishing in Federal, State, or international waters; and
(II)
require that the vessel be—
- (aa)
scrapped or otherwise disposed of in a manner approved by the Secretary;
- (bb)
donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or
- (cc)
used for another non-fishing purpose provided the Secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery anywhere in the world.
(D)

No fishery endorsement.—
(i)

In general.—
A vessel that is prohibited from fishing under subparagraph (C)(ii)(I) shall not be eligible for a fishery endorsement under section 12113(a) of title 46, United States Code.
(ii)

Noneffective.—
A fishery endorsement for a vessel described in clause (i) shall not be effective.
(iii)

No sale.—
A vessel described in clause (i) shall not be sold to a foreign owner or reflagged.
(8)

Public information on data collection.—
The Secretary shall make available and update as appropriate, information on data collection and submittal best practices for the information described in paragraph (4)(B).
(9)

Authorization of appropriations.—
There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2023 through 2027.
(b)

Fishing Capacity Reduction Program.—
(1)
The Secretary, at the request of the appropriate Council for fisheries under the authority of such Council, the Governor of a State for fisheries under State authority, or a majority of permit holders in the fishery, may conduct a voluntary fishing capacity reduction program (referred to in this section as the “program”) in a fishery if the Secretary determines that the program—
(A)
is necessary to prevent or end overfishing, rebuild stocks of fish, or achieve measurable and significant improvements in the conservation and management of the fishery;
(B)
is consistent with the Federal or State fishery management plan or program in effect for such fishery, as appropriate, and that the fishery management plan—
(i)
will prevent the replacement of fishing capacity removed by the program through a moratorium on new entrants, practicable restrictions on vessel upgrades, and other effort control measures, taking into account the full potential fishing capacity of the fleet; and
(ii)
establishes a specified or target total allowable catch or other measures that trigger closure of the fishery or adjustments to reduce catch; and
(C)
is cost-effective and, in the instance of a program involving an industry fee system, prospectively capable of repaying any debt obligation incurred under section 1111 of title XI of the Merchant Marine Act, 1936.
(2)
The objective of the program shall be to obtain the maximum sustained reduction in fishing capacity at the least cost and in a minimum period of time. To achieve that objective, the Secretary is authorized to pay—
(A)
the owner of a fishing vessel, if the permit authorizing the participation of the vessel in the fishery is surrendered for permanent revocation and the vessel owner and permit holder relinquish any claim associated with the vessel or permit that could qualify such owner or holder for any present or future limited access system permit in the fishery for which the program is established or in any other fishery 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
(B)
the holder of a permit authorizing participation in the fishery, if such permit is surrendered for permanent revocation, and such holder relinquishes any claim associated with the permit and vessel used to harvest fishery resources under the permit that could qualify such holder for any present or future limited access system permit in the fishery for which the program was established.
(3)
Participation in the program shall be voluntary, but the Secretary shall ensure compliance by all who do participate.
(4)
The harvester proponents of each program and the Secretary shall consult, as appropriate and practicable, with Councils, Federal agencies, State and regional authorities, affected fishing communities, participants in the fishery, conservation organizations, and other interested parties throughout the development and implementation of any program under this section.
(5)

Payment condition.—
The Secretary may not make a payment under paragraph (2) with respect to a vessel that will not be scrapped unless the Secretary certifies that the vessel will not be used for fishing in the waters of a foreign nation or fishing on the high seas.
(6)

Report.—
(A)

In general.—
Subject to the availability of funds, the Secretary shall, within 12 months after the date of the enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 submit to the Congress a report—
(i)
identifying and describing the 20 fisheries in United States waters with the most severe examples of excess harvesting capacity in the fisheries, based on value of each fishery and the amount of excess harvesting capacity as determined by the Secretary;
(ii)
recommending measures for reducing such excess harvesting capacity, including the retirement of any latent fishing permits that could contribute to further excess harvesting capacity in those fisheries; and
(iii)
potential sources of funding for such measures.
(B)

Basis for recommendations.—
The Secretary shall base the recommendations made with respect to a fishery on—
(i)
the most cost effective means of achieving voluntary reduction in capacity for the fishery using the potential for industry financing; and
(ii)
including measures to prevent the capacity that is being removed from the fishery from moving to other fisheries in the United States, in the waters of a foreign nation, or on the high seas.
(c)

Program Funding.—
(1)
The program may be funded by any combination of amounts—
(A)
available under clause (iv) of section 2(b)(1)(A) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)(1)(A); the Saltonstall-Kennedy Act);
(B)
appropriated for the purposes of this section;
(C)
provided by an industry fee system established under subsection (d) and in accordance with section 1111 of title XI of the Merchant Marine Act, 1936; or
(D)
provided from any State or other public sources or private or non-profit organizations.
(2)
All funds for the program, including any fees established under subsection (d), shall be paid into the fishing capacity reduction fund established under section 1111 of title XI of the Merchant Marine Act, 1936.
(d)

Industry Fee System.—
(1)
(A)
If an industry fee system is necessary to fund the program, the Secretary may conduct a referendum on such system. Prior to the referendum, the Secretary shall—
(i)
identify, to the extent practicable, and notify all permit or vessel owners who would be affected by the program; and
(ii)
make available to such owners information about the industry fee system describing the schedule, procedures, and eligibility requirements for the referendum, the proposed program, and the amount and duration and any other terms and conditions of the proposed fee system.
(B)
The industry fee system shall be considered approved if the referendum votes which are cast in favor of the proposed system constitute 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.
(2)
Notwithstanding section 304(d) and consistent with an approved industry fee system, the Secretary is authorized to establish such a system to fund the program and repay debt obligations incurred pursuant to section 1111 of title XI of the Merchant Marine Act, 1936. The fees for a program established under this section shall—
(A)
be determined by the Secretary and adjusted from time to time as the Secretary considers necessary to ensure the availability of sufficient funds to repay such debt obligations;
(B)
not exceed 5 percent of the ex-vessel value of all fish harvested from the fishery for which the program is established;
(C)
be deducted by the first ex-vessel fish purchaser from the proceeds otherwise payable to the seller and accounted for and forwarded by such fish purchasers to the Secretary in such manner as the Secretary may establish, unless the Secretary determines that such fees should be collected from the seller; and
(D)
be in effect only until such time as the debt obligation has been fully paid.
(e)

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 and affected fishing communities;
(iv)
the requirements of the applicable fishery management plan and any amendment that such plan may require to support the proposed program;
(v)
the general needs and desires of harvesters in the fishery;
(vi)
the need to minimize program costs; and
(vii)
other matters, including the manner in which such proponents propose to fund the program to ensure its cost effectiveness, as well as any relevant factors demonstrating the potential for, or necessary to obtain, the support and general cooperation of a substantial number of affected harvesters in the fishery (or portion of the fishery) for which the program is intended; and
(B)
proposes procedures for program participation (such as submission of owner bids under an auction system or fair market-value assessment), including any terms and conditions for participation, that the harvester proponents deem to be reasonably necessary to meet the program's proposed objectives.
(4)

Participation contracts.—
The Secretary shall 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.
SEC. 313.
[16 U.S.C. 1862]

NORTH PACIFIC FISHERIES CONSERVATION.
(a)

In General.—
The North Pacific Council may prepare, in consultation with the Secretary, a fisheries research plan for any fishery under the Council's jurisdiction except a salmon fishery which—
(1)
requires that observers be stationed on fishing vessels engaged in the catching, taking, or harvesting of fish and on United States fish processors fishing for or processing species under the jurisdiction of the Council, including the Northern Pacific halibut fishery, for the purpose of collecting data necessary for the conservation, management, and scientific understanding of any fisheries under the Council's jurisdiction; and
(2)
establishes a system, or system, of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing the plan.
(b)

Standards.—
(1)
Any plan or plan amendment prepared under this section shall be reasonably calculated to—
(A)
gather reliable data, by stationing observers, or electronic monitoring systems, on all or a statistically reliable sample of the fishing vessels and United States fish processors included in the plan, necessary for the conservation, management, and scientific understanding of the fisheries covered by the plan;
(B)
be fair and equitable to all vessels and processors;
(C)
be consistent with applicable provisions of law; and
(D)
take into consideration the operating requirements of the fisheries and the safety of observers and fishermen.
(2)
Any system of fees established under this section shall—
(A)
provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing observers, or electronic monitoring systems, on board fishing vessels and United States fish processors, (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under subsection (e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific Fishery Observer Fund established in subsection (d) of this section;
(B)
be fair and equitable to all participants in the fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
(C)
provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan;
(D)
not be used to offset amounts authorized under other provisions of law;
(E)
be expressed as a fixed amount reflecting actual observer costs as described in subparagraph (A) or a percentage, not to exceed 2 percent, of the unprocessed ex-vessel value of fish and shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
(F)
be assessed against some or all fishing vessels and United States fish processors, including those not required to carry an observer or an electronic monitoring system under the plan, participating in fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery;
(G)
provide that fees collected will be deposited in the North Pacific Fishery Observer Fund established under subsection (d) of this section;
(H)
provide that fees collected will only be used for implementing the plan established under this section;
(I)
provide that fees collected will be credited against any fee for stationing observers or electronic monitoring systems on board fishing vessels and United States fish processors and the actual cost of inputting collected data to which a fishing vessel or fish processor is subject under section 304(d) of this Act; and
(J)
meet the requirements of section 9701(b) of title 31, United States Code.
(c)

Action by Secretary.—
(1)
Within 60 days after receiving a plan or plan amendment from the North Pacific Council under this section, the Secretary shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the Council with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment.
(2)
During the 60-day public comment period, the Secretary shall conduct a public hearing in each State represented on the Council for the purpose of receiving public comments on the proposed regulations.
(3)
Within 45 days of the close of the public comment period, the Secretary, in consultation with the Council, shall analyze the public comment received and publish final regulations for implementing such plan.
(4)
If the Secretary remands a plan or plan amendment to the Council for failure to meet the requirements of this section, the Council may resubmit such plan or plan amendment at any time after taking action the Council believes will address the defects identified by the Secretary. Any plan or plan amendment resubmitted to the Secretary will be treated as an original plan submitted to the Secretary under paragraph (1) of this subsection.
(d)

Fishery Observer Fund.—
There is established in the Treasury a North Pacific Fishery Observer Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purpose of carrying out the provisions of this section, subject to the restrictions in subsection (b)(2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(e)

Special Provisions Regarding Observers.—
(1)
The Secretary shall review—
(A)
the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of subsection (b)(2)(E) of this section, to provide coverage for vessels and owners against liability from civil suits by observers, and
(B)
the availability of comprehensive commercial insurance for vessel and owner liability against civil suits by observers.
(2)
If the Secretary determines that a risk sharing pool is feasible, the Secretary shall establish such a pool, subject to the provisions of subsection (b)(2) of this section, unless the Secretary determines that—
(A)
comprehensive commercial insurance is available for all fishing vessels and United States fish processors required to have observers under the provisions of this section, and
(B)
such comprehensive commercial insurance will provide a greater measure of coverage at a lower cost to each participant.
(f)

Bycatch Reduction.—
In implementing section 303(a)(11) and this section, the North Pacific Council shall submit conservation and management measures to lower, on an annual basis for a period of not less than four years, the total amount of economic discards occurring in the fisheries under its jurisdiction.
(g)

Bycatch Reduction Incentives.—
(1)
Notwithstanding section 304(d), the North Pacific Council may submit, and the Secretary may approve, consistent with the provisions of this Act, a system of fines in a fishery to provide incentives to reduce bycatch and bycatch rates; except that such fines shall not exceed $25,000 per vessel per season. Any fines collected shall be deposited in the North Pacific Fishery Observer Fund, and may be made available by the Secretary to offset costs related to the reduction of bycatch in the fishery from which such fines were derived, including conservation and management measures and research, and to the State of Alaska to offset costs incurred by the State in the fishery from which such penalties were derived or in fisheries in which the State is directly involved in management or enforcement and which are directly affected by the fishery from which such penalties were derived.
(2)
(A)
Notwithstanding section 303(d), and in addition to the authority provided in section 303(b)(10), the North Pacific Council may submit, and the Secretary may approve, conservation and management measures which provide allocations of regulatory discards to individual fishing vessels as an incentive to reduce per vessel bycatch and bycatch rates in a fishery,66 Provided, That—
^{66}
So in original. The comma should be changed to a colon.
(i)
such allocations may not be transferred for monetary consideration and are made only on an annual basis; and
(ii)
any such conservation and management measures will meet the requirements of subsection (h) and will result in an actual reduction in regulatory discards in the fishery.
(B)
The North Pacific Council may submit restrictions in addition to the restriction imposed by clause (i) of subparagraph (A) on the transferability of any such allocations, and the Secretary may approve such recommendation.
(h)

Catch Measurement.—
(1)
By June 1, 1997 the North Pacific Council shall submit, and the Secretary may approve, consistent with the other provisions of this Act, conservation and management measures to ensure total catch measurement in each fishery under the jurisdiction of such Council. Such measures shall ensure the accurate enumeration, at a minimum, of target species, economic discards, and regulatory discards.
(2)
To the extent the measures submitted under paragraph (1) do not require United States fish processors and fish processing vessels (as defined in chapter 21 of title 46, United States Code) to weigh fish, the North Pacific Council and the Secretary shall submit a plan to the Congress by January 1, 1998, to allow for weighing, including recommendations to assist such processors and processing vessels in acquiring necessary equipment, unless the Council determines that such weighing is not necessary to meet the requirements of this subsection.
(i)

Full Retention and Utilization.—
(1)
The North Pacific Council shall submit to the Secretary by October 1, 1998 a report on the advisability of requiring the full retention by fishing vessels and full utilization by United States fish processors of economic discards in fisheries under its jurisdiction if such economic discards, or the mortality of such economic discards, cannot be avoided. The report shall address the projected impacts of such requirements on participants in the fishery and describe any full retention and full utilization requirements that have been implemented.
(2)
The report shall address the advisability of measures to minimize processing waste, including standards setting minimum percentages which must be processed for human consumption. For the purpose of the report, “processing waste” means that portion of any fish which is processed and which could be used for human consumption or other commercial use, but which is not so used.
(j)

Bering Sea and Aleutian Islands Crab Rationalization.—
(1)
By not later than January 1, 2005, the Secretary shall approve and hereafter implement by regulation the Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the Secretary from approving by January 1, 2005, and implementing any subsequent program amendments approved by the Council.
(2)
Notwithstanding any other provision of this Act, in carrying out paragraph (1) the Secretary shall approve all parts of the Program referred to in such paragraph. Further, no part of such Program may be implemented if, as approved by the North Pacific Fishery Management Council, individual fishing quotas, processing quotas, community development quota allocation, voluntary cooperatives, binding arbitration, regional landing and processing requirements, community protections, economic data collection, or the loan program for crab fishing vessel captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the Secretary determines that a processor has leveraged its Individual Processor Quota shares to acquire a harvesters open-delivery “B shares”, the processor's Individual Processor Quota shares shall be forfeited.
(3)
Subsequent to implementation pursuant to paragraph (1), the Council may submit and the Secretary may implement changes to or repeal of conservation and management measures, including measures authorized in this section, for crab fisheries of the Bering Sea and Aleutian Islands in accordance with applicable law, including this Act as amended by this subsection, to achieve on a continuing basis the purposes identified by the Council.
(4)
The loan program referred to in paragraph (2) shall be carried out pursuant to the authority of sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g).
(5)
For purposes of implementing this section $1,000,000 shall be made available each year until fully implemented from funds otherwise made available to the National Marine Fisheries Service for Alaska fisheries activities.
(6)
Nothing in this Act shall constitute a waiver, either express or implied, of the antitrust laws of the United States. The Secretary, in consultation with the Department of Justice and the Federal Trade Commission, shall develop and implement 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, or price collusion have occurred among persons receiving individual processing quotas under the Program. The Secretary may revoke any individual processing quota held by any person found to have violated a provision of the antitrust laws of the United States.
(7)
An individual processing quota issued under the Program shall be considered a permit for the purposes of sections 307, 308, and 309, and may be revoked or limited at any time in accordance with this Act. Issuance of an individual processing quota under the program shall not confer any right of compensation to the holder of such individual processing quota if it is revoked or limited and shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is purchased from an individual fishing quota holder.
(8)
The restriction on the collection of economic data in section 303 shall not apply with respect to any fish processor who is eligible for, or who has received, individual processing quota under the Program. The restriction on the disclosure of information in section 402(b)(1) shall not apply when the information is used to determine eligibility for or compliance with an individual processing quota program.
(9)
The provisions of sections 308, 310, and 311 shall apply to the processing facilities and fish products of any person holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 307(l) shall apply to any facility owned or controlled by a person holding individual processing quota.
SEC. 314.
[16 U.S.C. 1863]

NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT PROGRAM.
(a)

Program.—
(1)
Not later than October 1, 1993, the Secretary shall establish a Northwest Atlantic Ocean Fisheries Reinvestment Program for the purposes of—
(A)
promoting development of commercial fisheries and markets for underutilized species of the northwest Atlantic Ocean;
(B)
developing alternative fishing opportunities for participants in the New England groundfish fishery;
(C)
providing technical support and assistance to United States fishermen and fish processors to improve the value-added processing of underutilized species and to make participation in fisheries for underutilized species of the northwest Atlantic Ocean economically viable;
(D)
creating new economic opportunities through the improved processing and expanded use of fish waste; and
(E)
helping to restore overfished New England groundfish stocks through aquaculture or hatchery programs.
(2)

Consultation.—
In establishing and implementing the Northwest Fisheries Reinvestment Program, the Secretary shall consult with representatives of the commercial fishing industry, the seafood processing industry, and the academic community (including the National Sea Grant Program).
(3)

Activities Under Program.—
Subject to the availability of appropriations, the Secretary shall award contracts, grants and other financial assistance to United States citizens to carry out the purposes of subsection (1)67, under the terms and conditions provided in section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c); commonly referred to as the “Saltonstall-Kennedy Act”), except that, in making awards under this section for projects involving participation in fisheries for underutilized species, the Secretary shall give the highest priority to a person who owns or operates a fishing vessel permitted under this Act to participate in the New England groundfish fishery who agrees to surrender that permit to the Secretary during the duration of the contract, grant or other assistance.
^{67}
So in law. Should be “paragraph (1)”.
(4)

Authorization of Appropriations.—
There are authorized to be appropriated $5,000,000 for each of fiscal years 1993 through 1999 to carry out the purposes of this section. For fiscal year 1993 no more than $1,000,000, and for fiscal year 1994 no more than $2,000,000, of such funds may be provided from monies made available under section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)).
(b)

Assistance of Other Agencies.—
The Secretary shall actively seek the assistance of other Federal agencies in the development of fisheries for underutilized species of the northwest Atlantic Ocean, including, to the extent permitted by other applicable laws, assistance from the Secretary of Agriculture in including such underutilized species as agricultural commodities in the programs of the Foreign Agricultural Service for which amounts are authorized under the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3359).
(c)

Management Plans for Underutilized Species.—
The New England Fishery Management Council, in consultation with other appropriate Councils, shall develop fishery management plans as soon as possible for any underutilized species of the northwest Atlantic Ocean that is not covered under such a plan, in order to prevent overfishing of that species.
(d)

Underutilized Species Defined.—
For purposes of this section, the term “underutilized species of the northwest Atlantic Ocean” means any fish species of the northwest Atlantic Ocean that is identified, by the Director of the Northeast Fisheries Center of the National Marine Fisheries Service, as an underutilized species.
[Section 203(a) of division S of Public Law 117–328.]
SEC. 316.
[16 U.S.C. 1865]

BYCATCH REDUCTION ENGINEERING PROGRAM.
(a)

Bycatch Reduction Engineering Program.—
Not later than 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in cooperation with the Councils and other affected interests, and based upon the best scientific information available, shall establish a bycatch reduction program, including grants, to develop technological devices and other conservation engineering changes designed to minimize bycatch, seabird interactions, 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 interactions, amounts, bycatch rates, and post-release mortality in fisheries under the Council's or Secretary's jurisdiction, including—
(1)
measures to incorporate bycatch into quotas, including the establishment of collective or individual bycatch quotas;
(2)
measures to promote the use of gear with verifiable and monitored low bycatch and seabird interactions, rates; and
(3)
measures that, based on the best scientific information available, will reduce bycatch and seabird interactions, bycatch mortality, post-release mortality, or regulatory discards in the fishery.
(c)

Coordination on Seabird Interactions.—
The Secretary, in coordination with the Secretary of Interior, is authorized to undertake projects in cooperation with industry to improve information and technology to reduce seabird bycatch, including—
(1)
outreach to industry on new technologies and methods;
(2)
projects to mitigate for seabird mortality; and
(3)
actions at appropriate international fishery organizations to reduce seabird interactions in fisheries.
(d)

Report.—
The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources that—
(1)
describes funding provided to implement this section;
(2)
describes developments in gear technology achieved under this section; and
(3)
describes improvements and reduction in bycatch and seabird interactions associated with implementing this section, as well as proposals to address remaining bycatch or seabird interaction problems.
SEC. 317.
[16 U.S.C. 1866]

SHARK FEEDING.
Except to the extent determined by the Secretary, or under State law, as presenting no public health hazard or safety risk, or when conducted as part of a research program funded in whole or in part by appropriated funds, it is unlawful to introduce, or attempt to introduce, food or any other substance into the water to attract sharks for any purpose other than to harvest sharks within the Exclusive Economic Zone seaward of the State of Hawaii and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean Area.
SEC. 318.
[16 U.S.C. 1867]

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 (including use of commercial charter or recreational vessels for gathering data), 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 2006, the Secretary, in consultation with the Councils, shall promulgate regulations that create an expedited, uniform, and regionally-based process to promote issuance, where practicable, of experimental fishing permits.
(e)

Guidelines.—
The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of a participant's catch history or unexpended days-at-sea as part of a limited entry system.
(f)

Exempted Projects.—
The procedures of this section shall not apply to research funded by quota set-asides in a fishery.
SEC. 319.
[16 U.S.C. 1868]

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. 320.
[16 U.S.C. 1869]

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. 321.68
[16 U.S.C. 1870]

REQUIRED POSSESSION OF DESCENDING DEVICES.
(a)

Require Gear in the Gulf Reef Fish Fishery.—
It shall be unlawful for a person on board a commercial or recreational vessel to fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone without possessing on board the vessel a venting tool or a descending device that is rigged and ready for use while fishing is occurring.
^{68}
Effective on January 13, 2022, section 3(a) of Public Law 116-340 added at the end of title III a new section 321.
Effective on January 13, 2026, section 3(e)(3) of Public Law 116-340 provides for an amendment to strike section 321.
(b)

Savings Clause.—
No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council established by the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any project contained in an approved Restoration Plan developed by any Natural Resources Damage Assessment Trustee Implementation Group to reduce post-release mortality from barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
(c)

Definitions.—
In this section:
(1)

Descending device.—
The term “descending device” means an instrument that—
(A)
will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma;
(B)
is a weighted hook, lip clamp, or box that will hold the fish while it is lowered to depth, or another device determined to be appropriate by the Secretary; and
(C)
is capable of—
(i)
releasing the fish automatically;
(ii)
releasing the fish by actions of the operator of the device; or
(iii)
allowing the fish to escape on its own.
(2)

Venting tool.—
The term “venting tool” has the meaning given to it by the Gulf of Mexico Fishery Management Council.
(3)

Gulf reef fish.—
The term “Gulf reef fish” means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this Act.
TITLE IV—

FISHERY MONITORING AND RESEARCH
SEC. 401.
[16 U.S.C. 1881]

REGISTRATION AND INFORMATION MANAGEMENT.
(a)

Standardized Fishing Vessel Registration and Information Management System.—
The Secretary shall, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, develop recommendations for implementation of a standardized fishing vessel registration and information management system on a regional basis. The recommendations shall be developed after consultation with interested governmental and nongovernmental parties and shall—
(1)
be designed to standardize the requirements of vessel registration and information collection systems required by this Act, the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), and any other marine resource law implemented by the Secretary, and, with the permission of a State, any marine resource law implemented by such State;
(2)
integrate information collection programs under existing fishery management plans into a non-duplicative information collection and management system;
(3)
avoid duplication of existing State, tribal, or Federal systems and shall utilize, to the maximum extent practicable, information collected from existing systems;
(4)
provide for implementation of the system through cooperative agreements with appropriate State, regional, or tribal entities and Marine Fisheries Commissions;
(5)
provide for funding (subject to appropriations) to assist appropriate State, regional, or tribal entities and Marine Fisheries Commissions in implementation;
(6)
establish standardized units of measurement, nomenclature, and formats for the collection and submission of information;
(7)
minimize the paperwork required for vessels registered under the system;
(8)
include all species of fish within the geographic areas of authority of the Councils and all fishing vessels including charter fishing vessels, but excluding recreational fishing vessels;
(9)
require United States fish processors, and fish dealers and other first ex-vessel purchasers of fish that are subject to the proposed system, to submit information (other than economic information) which may be necessary to meet the goals of the proposed system; and
(10)
include procedures necessary to ensure—
(A)
the confidentiality of information collected under this section in accordance with section 402(b); and
(B)
the timely release or availability to the public of information collected under this section consistent with section 402(b).
(b)

Fishing Vessel Registration.—
The proposed registration system should, at a minimum, obtain the following information for each fishing vessel—
(1)
the name and official number or other identification, together with the name and address of the owner or operator or both;
(2)
gross tonnage, vessel capacity, type and quantity of fishing gear, mode of operation (catcher, catcher processor, or other), and such other pertinent information with respect to vessel characteristics as the Secretary may require; and
(3)
identification (by species, gear type, geographic area of operations, and season) of the fisheries in which the fishing vessel participates.
(c)

Fishery Information.—
The proposed information management system should, at a minimum, provide basic fisheries performance information for each fishery, including—
(1)
the number of vessels participating in the fishery including charter fishing vessels;
(2)
the time period in which the fishery occurs;
(3)
the approximate geographic location or official reporting area where the fishery occurs;
(4)
a description of fishing gear used in the fishery, including the amount and type of such gear and the appropriate unit of fishing effort; and
(5)
other information required under subsection 303(a)(5) or requested by the Council under section 402.
(d)

Use of Registration.—
Any registration recommended under this section shall not be considered a permit for the purposes of this Act, and the Secretary may not propose to revoke, suspend, deny, or impose any other conditions or restrictions on any such registration or the use of such registration under this Act.
(e)

Public Comment.—
Within one year after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish in the Federal Register for a 60-day public comment period a proposal that would provide for implementation of a standardized fishing vessel registration and information collection system that meets the requirements of subsections (a) through (c). The proposal shall include—
(1)
a description of the arrangements of the Secretary for consultation and cooperation with the department in which the Coast Guard is operating, the States, the Councils, Marine Fisheries Commissions, the fishing industry and other interested parties; and
(2)
any proposed regulations or legislation necessary to implement the proposal.
(f)

Congressional Transmittal.—
Within 60 days after the end of the comment period and after consideration of comments received under subsection (e), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a recommended proposal for implementation of a national fishing vessel registration system that includes—
(1)
any modifications made after comment and consultation;
(2)
a proposed implementation schedule, including a schedule for the proposed cooperative agreements required under subsection (a)(4); and
(3)
recommendations for any such additional legislation as the Secretary considers necessary or desirable to implement the proposed system.
(g)

Recreational Fisheries.—
(1)

Federal program.—
The Secretary shall establish and implement a regionally based registry program for recreational fishermen in each of the 8 fishery management regions. The program, which shall not require a fee before January 1, 2011, shall provide for—
(A)
the registration (including identification and 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.—
(A)

Improvement of the marine recreational fishery statistics survey.—
Within 24 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, 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.
(B)

NRC report recommendations.—
The program shall take into consideration and, to the extent feasible, implement the recommendations of the National Research Council in its report Review of Recreational Fisheries Survey Methods (2006), including—
(i)
redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation procedures, its applicability to various kinds of management decisions, and its usefulness for social and economic analyses; and
(ii)
providing for ongoing technical evaluation and modification as needed to meet emerging management needs.
(C)

Methodology.—
Unless the Secretary determines that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent possible, include—
(i)
an adequate number of intercepts to accurately estimate recreational catch and effort;
(ii)
use of surveys that target anglers registered or licensed at the State or Federal level to collect participation and effort data;
(iii)
collection and analysis of vessel trip report data from charter fishing vessels;
(iv)
development of a weather corrective factor that can be applied to recreational catch and effort estimates; and
(v)
an independent committee composed of recreational fishermen, academics, persons with expertise in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries Service to review the collection estimates, geographic, and other variables related to dockside intercepts and to identify deficiencies in recreational data collection, and possible correction measures.
(D)

Deadline.—
The Secretary shall complete the program under this paragraph and implement the improved Marine Recreational Fishery Statistics Survey not later than January 1, 2009.
(4)

Federal-state partnerships.—
(A)

Establishment.—
The Secretary shall establish a partnership with a State to develop best practices for implementing the State program established under paragraph (2).
(B)

Guidance.—
The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the States.
(C)

Biennial report.—
The Secretary shall submit to the appropriate committees of Congress and publish biennial reports that include—
(i)
the estimated accuracy of—
(I)
the information provided under subparagraphs (A) and (B) of paragraph (1) for each registry program established under that paragraph; and
(II)
the information from each State program that is used to assist in completing surveys or evaluating effects of conservation and management measures under paragraph (2);
(ii)
priorities for improving recreational fishing data collection; and
(iii)
an explanation of any use of information collected by such State programs and by the Secretary.
(D)

States grant program.—
(i)

In general.—
The Secretary may make grants to States to—
(I)
improve implementation of State programs consistent with this subsection; and
(II)
assist such programs in complying with requirements related to changes in recreational data collection under paragraph (3).
(ii)

Use of funds.—
Any funds awarded through such grants shall be used to support data collection, quality assurance, and outreach to entities submitting such data. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs.
(5)

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.
(h)

Action by Secretary.—
The Secretary shall—
(1)
within 90 days after the date of the enactment of the Modernizing Recreational Fisheries Management Act of 2018, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report—
(A)
how the design of the Marine Recreational Information Program, for the purposes of stock assessment and the determination of stock management reference points, can be improved to better meet the needs of in-season management of annual catch limits under section 303(a)(15); and
(B)
what actions the Secretary, Councils, and States could take to improve the accuracy and timeliness of data collection and analysis to improve the Marine Recreational Information Program and facilitate in-season management; and
(2)
within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding—
(A)
changes to be made to the Marine Recreational Information Program to make the program better meet the needs of in-season management of annual catch limits and other requirements under such section; and
(B)
alternative management approaches that could be applied to recreational fisheries for which the Marine Recreational Information Program is not meeting the needs of in-season management of annual catch limits, consistent with other requirements of this Act, until such time as the changes in subparagraph (A) are implemented.
SEC. 402.
[16 U.S.C. 1881a]

INFORMATION COLLECTION.
(a)

Collection Programs.—
(1)

Council requests.—
If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request.
(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.
(b)

Confidentiality of Information.—
(1)
Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this Act shall be confidential and shall not be disclosed except—
(A)
to Federal employees and Council employees who are responsible for fishery management plan development, monitoring, or enforcement;
(B)
to State or Marine Fisheries Commission employees as necessary to further the Department's mission, subject to a confidentiality agreement that prohibits public disclosure of the identity of business of any person;
(C)
to State employees who are responsible for fishery management plan enforcement, if the States employing those employees have entered into a fishery enforcement agreement with the Secretary and the agreement is in effect;
(D)
when required by court order;
(E)
when such information is used by State, Council, or Marine Fisheries Commission employees to verify catch under a limited access program, but only to the extent that such use is consistent with subparagraph (B);
(F)
when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does not violate other requirements of this Act;
(G)
when such information is required to be submitted to the Secretary for any determination under a limited access program;
(H)
in support of homeland and national security activities, including the Coast Guard's homeland security missions as defined in section 888(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)); or
(I)
to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing or forced labor (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.
(2)
Any observer information shall be confidential and shall not be disclosed, except in accordance with the requirements of subparagraphs (A) through (H) of paragraph (1), or—
(A)
as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to allow disclosure to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification;
(B)
when such information is necessary in proceedings to adjudicate observer certifications; or
(C)
as authorized by any regulations issued under paragraph (3) allowing the collection of observer 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.
(3)
The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this Act or the use, release, or publication of bycatch information pursuant to paragraph (2)(A).
(c)

Restriction on Use of Certain Information.—
(1)
The Secretary shall promulgate regulations to restrict the use, in civil enforcement or criminal proceedings under this Act, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Endangered Species Act (16 U.S.C. 1531 et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for conservation and management purposes if the presence of such a fishery data collector aboard is not required by any of such Acts or regulations thereunder.
(2)
The Secretary may not require the submission of a Federal or State income tax return or statement as a prerequisite for issuance of a permit until such time as the Secretary has promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation and management purpose, and to provide appropriate penalties for violation of such regulations.
(d)

Contracting Authority.—
Notwithstanding any other provision of law, the Secretary may provide a grant, contract, or other financial assistance on a sole-source basis to a State, Council, or Marine Fisheries Commission for the purpose of carrying out information collection or other programs if—
(1)
the recipient of such a grant, contract, or other financial assistance is specified by statute to be, or has customarily been, such State, Council, or Marine Fisheries Commission; or
(2)
the Secretary has entered into a cooperative agreement with such State, Council, or Marine Fisheries Commission.
(e)

Resource Assessments.—
(1)
The Secretary may use the private sector to provide vessels, equipment, and services necessary to survey the fishery resources of the United States when the arrangement will yield statistically reliable results.
(2)69
The Secretary, in consultation with the appropriate Council and the fishing industry—
^{69}
Margin so in law.
(A)
may structure competitive solicitations under paragraph (1) so as to compensate a contractor for a fishery resources survey by allowing the contractor to retain for sale fish harvested during the survey voyage;
(B)
in the case of a survey during which the quantity or quality of fish harvested is not expected to be adequately compensatory, may structure those solicitations so as to provide that compensation by permitting the contractor to harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and
(C)
may permit fish harvested during such survey to count toward a vessel's catch history under a fishery management plan if such survey was conducted in a manner that precluded a vessel's participation in a fishery that counted under the plan for purposes of determining catch history.
(3)
The Secretary shall undertake efforts to expand annual fishery resource assessments in all regions of the Nation.
SEC. 403.
[16 U.S.C. 1881b]

OBSERVERS.
(a)

Guidelines for Carrying Observers.—
Within one year after the date of enactment of the Sustainable Fisheries Act, the Secretary shall promulgate regulations, after notice and opportunity for public comment, for fishing vessels that carry observers. The regulations shall include guidelines for determining—
(1)
when a vessel is not required to carry an observer on board because the facilities of such vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; and
(2)
actions which vessel owners or operators may reasonably be required to take to render such facilities adequate and safe.
(b)

Training.—
The Secretary, in cooperation with the appropriate States and the National Sea Grant College Program, shall—
(1)
establish programs to ensure that each observer receives adequate training in collecting and analyzing the information necessary for the conservation and management purposes of the fishery to which such observer is assigned;
(2)
require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the position;
(3)
ensure that an observer has received adequate training in basic vessel safety;
(4)
ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and
(5)
make use of university and any appropriate private nonprofit organization training facilities and resources, where possible, in carrying out this subsection.
(c)

Observer Status.—
An observer on a vessel and under contract to carry out responsibilities under this Act or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall be deemed to be a Federal employee for the purpose of compensation under the Federal Employee Compensation Act (5 U.S.C. 8101 et seq.).
SEC. 404.
[16 U.S.C. 1881c]

FISHERIES RESEARCH.
(a)

In General.—
The Secretary shall initiate and maintain, in cooperation with the Councils, a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management and on the economics and social characteristics of the fisheries.
(b)

Strategic Plan.—
Within one year after the date of enactment of the Sustainable Fisheries Act, and at least every 3 years thereafter, the Secretary shall develop and publish in the Federal Register a strategic plan for fisheries research for the 5 years immediately following such publication. The plan shall—
(1)
identify and describe a comprehensive program with a limited number of priority objectives for research in each of the areas specified in subsection (c);
(2)
indicate goals and timetables for the program described in paragraph (1);
(3)
provide a role for commercial fishermen in such research, including involvement in field testing;
(4)
provide for collection and dissemination, in a timely manner, of complete and accurate information concerning fishing activities, catch, effort, stock assessments, and other research conducted under this section; and
(5)
be developed in cooperation with the Councils and affected States, and provide for coordination with the Councils, affected States, and other research entities.
(c)

Areas of Research.—
Areas of research are as follows:
(1)
Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of fish, the interdependence of fisheries or stocks of fish, the identification of essential fish habitat, the impact of pollution on fish populations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability of fish.
(2)
Conservation engineering research, including the study of fish behavior and the development and testing of new gear technology and fishing techniques to minimize bycatch and any adverse effects on essential fish habitat and promote efficient harvest of target species.
(3)
Research on the fisheries, including the social, cultural, and economic relationships among fishing vessel owners, crew, United States fish processors, associated shoreside labor, seafood markets and fishing communities.
(4)
Information management research, including the development of a fishery information base and an information management system that will permit the full use of information in the support of effective fishery conservation and management.
(d)

Public Notice.—
In developing the plan required under subsection (a), the Secretary shall consult with relevant Federal, State, and international agencies, scientific and technical experts, and other interested persons, public and private, and shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.
(e)

Improving Data Collection and Analysis.—
(1)

In general.—
Not later than 1 year after the date of enactment of the Modernizing Recreational Fisheries Management Act of 2017, the Secretary shall develop, in consultation with the science and statistical committees of the Councils established under section 302(g) and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2), to the extent such information is consistent with section 301(a)(2), into fisheries management decisions.
(2)

Content.—
In developing the report under paragraph (1), the Secretary shall—
(A)
identify types of data and analysis, especially concerning recreational fishing, that can be used for purposes of this Act as the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes;
(B)
provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources; and
(C)
consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable and compatible with the requirements of section 301(a)(2).
SEC. 405.
[16 U.S.C. 1881d]

INCIDENTAL HARVEST RESEARCH.
(a)

Collection of Information.—
Within nine months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall, after consultation with the Gulf Council and South Atlantic Council, conclude the collection of information in the program to assess the impact on fishery resources of incidental harvest by the shrimp trawl fishery within the authority of such Councils. Within the same time period, the Secretary shall make available to the public aggregated summaries of information collected prior to June 30, 1994 under such program.
(b)

Identification of Stock.—
The program concluded pursuant to subsection (a) shall provide for the identification of stocks of fish which are subject to significant incidental harvest in the course of normal shrimp trawl fishing activity.
(c)

Collection and Assessment of Specific Stock Information.—
For stocks of fish identified pursuant to subsection (b), with priority given to stocks which (based upon the best available scientific information) are considered to be overfished, the Secretary shall conduct—
(1)
a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of shrimp trawl fishing activities;
(2)
an assessment of the status and condition of such stocks, including collection of information which would allow the estimation of life history parameters with sufficient accuracy and precision to support sound scientific evaluation of the effects of various management alternatives on the status of such stocks; and
(3)
a program of information collection and evaluation for such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other than shrimp trawl fishing activity.
(d)

Bycatch Reduction Program.—
Not later than 12 months after the enactment of the Sustainable Fisheries Act, the Secretary shall, in cooperation with affected interests, and based upon the best scientific information available, complete a program to—
(1)
develop technological devices and other changes in fishing operations necessary and appropriate to minimize the incidental mortality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of bycatch mortality in the fishery on November 28, 1990;
(2)
evaluate the ecological impacts and the benefits and costs of such devices and changes in fishing operations; and
(3)
assess whether it is practicable to utilize bycatch which is not avoidable.
(e)

Report to Congress.—
The Secretary shall, within one year of completing the programs required by this section, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives.
(f)

Implementation Criteria.—
To the extent practicable, any conservation and management measure implemented under this Act to reduce the incidental mortality of bycatch in the course of shrimp trawl fishing shall be consistent with—
(1)
measures applicable to fishing throughout the range in United States waters of the bycatch species concerned; and
(2)
the need to avoid any serious adverse environmental impacts on such bycatch species or the ecology of the affected area.
SEC. 406.
[16 U.S.C. 1882]

FISHERIES SYSTEMS RESEARCH.
(a)

Establishment of Panel.—
Not later than 180 days after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an advisory panel under this Act to develop recommendations to expand the application of ecosystem principles in fishery conservation and management activities.
(b)

Panel Membership.—
The advisory panel shall consist of not more than 20 individuals and include—
(1)
individuals with expertise in the structures, functions, and physical and biological characteristics of ecosystems; and
(2)
representatives from the Councils, States, fishing industry, conservation organizations, or others with expertise in the management of marine resources.
(c)

Recommendations.—
Prior to selecting advisory panel members, the Secretary shall, with respect to panel members described in subsection (b)(1), solicit recommendations from the National Academy of Sciences.
(d)

Report.—
Within 2 years after the date of enactment of this Act, the Secretary shall submit to the Congress a completed report of the panel established under this section, which shall include—
(1)
an analysis of the extent to which ecosystem principles are being applied in fishery conservation and management activities, including research activities;
(2)
proposed actions by the Secretary and by the Congress that should be undertaken to expand the application of ecosystem principles in fishery conservation and management; and
(3)
such other information as may be appropriate.
(e)

Procedural Matter.—
The advisory panel established under this section shall be deemed an advisory panel under section 302(g).
(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 2006, 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. 407.
[16 U.S.C. 1883]

GULF OF MEXICO RED SNAPPER RESEARCH.
(a)

Independent Peer Review.—
(1)
Within 30 days of the date of enactment of the Sustainable Fisheries Act, the Secretary shall initiate an independent peer review to evaluate—
(A)
the accuracy and adequacy of fishery statistics used by the Secretary for the red snapper fishery in the Gulf of Mexico to account for all commercial, recreational, and charter fishing harvests and fishing effort on the stock;
(B)
the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status and trends of the Gulf of Mexico red snapper stock and as the basis for the fishery management plan for the Gulf of Mexico red snapper fishery;
(C)
the appropriateness and adequacy of the management measures in the fishery management plan for red snapper in the Gulf of Mexico for conserving and managing the red snapper fishery under this Act; and
(D)
the costs and benefits of all reasonable alternatives to a limited access privilege program for the red snapper fishery in the Gulf of Mexico.
(2)
The Secretary shall ensure that commercial, recreational, and charter fishermen in the red snapper fishery in the Gulf of Mexico are provided an opportunity to—
(A)
participate in the peer review under this subsection; and
(B)
provide information to the Secretary concerning the review of fishery statistics under this subsection without being subject to penalty under this Act or other applicable law for any past violation of a requirement to report such information to the Secretary.
(3)
The Secretary shall submit a detailed written report on the findings of the peer review conducted under this subsection to the Gulf Council no later than one year after the date of enactment of the Sustainable Fisheries Act.
(b)

Prohibition.—
In addition to the restrictions under section 303(d)(1)(A), the Gulf Council may not, prior to October 1, 2002, undertake or continue the preparation of any fishery management plan, plan amendment or regulation under this Act for the Gulf of Mexico commercial red snapper fishery that creates an individual fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class.
(c)

Referendum.—
(1)
On or after October 1, 2002, the Gulf Council may prepare and submit a fishery management plan, plan amendment, or regulation for the Gulf of Mexico commercial red snapper fishery that creates a limited access privilege program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the same class, only if the preparation of such plan, amendment, or regulation is approved in a referendum conducted under paragraph (2) and only if the submission to the Secretary of such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2).
(2)
The Secretary, at the request of the Gulf Council, shall conduct referendums under this subsection. Only a person who held an annual vessel permit with a red snapper endorsement for such permit on September 1, 1996 (or any person to whom such permit with such endorsement was transferred after such date) and vessel captains who harvested red snapper in a commercial fishery using such endorsement in each red snapper fishing season occurring between January 1, 1993, and such date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The Secretary shall develop a formula to weigh votes based on the proportional harvest under each such permit and endorsement and by each such captain in the fishery between January 1, 1993, and September 1, 1996. Prior to each referendum, the Secretary, in consultation with the Council, shall—
(A)
identify and notify all such persons holding permits with red snapper endorsements and all such vessel captains; and
(B)
make available to all such persons and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed individual fishing quota program.
(d)

Catch Limits.—
Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after the date of enactment of the Sustainable Fisheries Act shall contain conservation and management measures that—
(1)
establish separate quotas for recreational fishing (which, for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a prohibition on the retention of fish caught during recreational fishing and commercial fishing, respectively, for the remainder of the fishing year; and
(2)
ensure that such quotas reflect allocations among such sectors and do not reflect any harvests in excess of such allocations.
SEC. 408.
[16 U.S.C. 1884]

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, subject to the availability of appropriations, establish a program—
(1)
to identify existing research on, and known locations of, deep sea corals and submit such information to the 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 2006, the Secretary, in consultation with the Councils, shall submit biennial reports to Congress and the public on steps taken by the Secretary to identify, monitor, and protect deep sea coral areas, including summaries of the results of mapping, research, and data collection performed under the program.