[Congressional Record Volume 152, Number 79 (Monday, June 19, 2006)]
[Senate]
[Pages S6025-S6043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION
ACT OF 2005
Mr. WARNER. Before I finish, I have a request of the leadership. I
ask unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 389, S. 2012.
The PRESIDING OFFICER (Mr. Sununu). The clerk will report the bill by
title.
The assistant legislative clerk read as follows:
A bill (S. 2012) to authorize appropriations to the
Secretary of Commerce for the Magnuson-Stevens Fishery
Conservation and Management Act for fiscal years 2006 through
2012, and for other purposes.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
[[Page S6026]]
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific community development.
Sec. 110. Western Alaska Community Development Quota Program.
Sec. 111. Secretarial action on State groundfish fishing.
Sec. 112. Joint enforcement agreements.
Sec. 113. Transition to sustainable fisheries.
Sec. 114. Regional coastal disaster assistance, transition, and
recovery program.
Sec. 115. Fishery finance program hurricane assistance.
Sec. 116. Shrimp fisheries hurricane assistance program.
Sec. 117. Bycatch reduction engineering program.
Sec. 118. Community-based restoration program for fishery and coastal
habitats.
Sec. 119. Prohibited acts.
Sec. 120. Enforcement.
TITLE II--INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund
for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Shrimp and oyster fisheries and habitats.
TITLE III--OTHER FISHERIES STATUTES
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries acts.
TITLE IV--INTERNATIONAL
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Penalties.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Authorization of appropriations.
TITLE VI--PACIFIC WHITING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the Secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION
AND MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is
amended by adding at the end the following:
``(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating ecosystem
considerations in fisheries management using the existing
authorities provided under this Act.''.
(b) In General.--Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (6) the following:
``(6A) The term `confidential information' means--
``(A) trade secrets; or
``(B) commercial or financial information the disclosure of
which is likely to result in substantial harm to the
competitive position of the person who submitted the
information to the Secretary.'';
(2) by inserting after paragraph (13) the following:
``(13A) The term `regional fishery association' means an
association formed for the mutual benefit of members--
``(A) to meet social and economic needs in a region or
subregion; and
``(B) comprised of persons engaging in the harvest or
processing of fishery resources in that specific region or
subregion or who otherwise own or operate businesses
substantially dependent upon a fishery.'';
(3) by inserting after paragraph (20) the following:
``(20A) The term `import'--
``(A) means to land on, bring into, or introduce into, or
attempt to land on, bring into, or introduce into, any place
subject to the jurisdiction of the United States, whether or
not such landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of the
United States; but
``(B) does not include any activity described in
subparagraph (A) with respect to fish caught in the exclusive
economic zone or by a vessel of the United States.'';
(4) by inserting after paragraph (23) the following:
``(23A) The term `limited access privilege'--
``(A) means a Federal permit, issued as part of a limited
access system under section 303A to harvest a quantity of
fish that may be received or held for exclusive use by a
person; and
``(B) includes an individual fishing quota; but
``(C) does not include community development quotas as
described in section 305(i).''; and
(5) by inserting after paragraph (27) the following:
``(27A) The term `observer information' means any
information collected, observed, retrieved, or created by an
observer or electronic monitoring system pursuant to
authorization by the Secretary, or collected as part of a
cooperative research initiative, including fish harvest or
processing observations, fish sampling or weighing data,
vessel logbook data, vessel or processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''.
(c) Redesignation.--Paragraphs (1) through (45) of section
3 (16 U.S.C. 1802), as amended by subsection (a), are
redesignated as paragraphs (1) thorough (50), respectively.
(d) Conforming Amendments.--
(1) The following provisions of the Act are amended by
striking ``an individual fishing quota'' and inserting ``a
limited access privilege'':
(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.
1883(a)(1)(D); (c)(1)).
(2) The following provisions of the Act are amended by
striking ``individual fishing quota'' and inserting ``limited
access privilege'':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
(C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual fishing quotas,'' and inserting
``limited access privileges,''.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Traditional Participation.--For fisheries being
managed under an international fisheries agreement to which
the United States is a party, Council or Secretarial action,
if any, shall reflect traditional participation in the
fishery, relative to other Nations, by fishermen of the
United States on fishing vessels of the United States.
``(c) Promotion of Stock Management.--If a relevant
international fisheries organization does not have a process
for developing a formal plan to rebuild a depleted stock, an
overfished stock, or a stock that is approaching a condition
of being overfished, the provisions of this Act in this
regard shall be communicated to and promoted by the United
States in the international or regional fisheries
organization.''.
SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended--
(1) by striking ``shall be'' and inserting ``is'';
(2) by striking ``will not'' and inserting ``cannot, or
will not,'';
(3) by inserting after ``Act.'' the following:
``Allocations of the total allowable level of foreign fishing
are discretionary, except that the total allowable level
shall be zero for fisheries determined by the Secretary to
have adequate or excess harvest capacity.''
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
(1) by inserting ``and any funds or contributions received
in support of conservation and management objectives under a
marine conservation plan'' after ``agreement'' in paragraph
(7);
[[Page S6027]]
(2) by striking ``authority, after payment of direct costs
of the enforcement action to all entities involved in such
action,'' in paragraph (8); and
(3) by inserting after ``paragraph (4).'' in paragraph (8)
the following: ``In the case of violations by foreign vessels
occurring within the exclusive economic zones off Midway
Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis,
Howland, Baker, and Wake Islands, amounts received by the
Secretary attributable to fines and penalties imposed under
this Act, shall be deposited into the Western Pacific
Sustainable Fisheries Fund established under paragraph (7) of
this subsection.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
to carry out the provisions of this Act--
``(1) $328,004,000 for fiscal year 2006; and
``(2) such sums as may be necessary for fiscal years 2007
through 2012.''.
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. CUMULATIVE IMPACTS.
(a) National Standards.--Section 301(a)(8) (16 U.S.C.
1851(a)(8)) is amended by inserting ``by utilizing economic
and social data and assessment methods based on the best
economic and social information available,'' after ``fishing
communities''.
(b) Contents of Plans.--Section 303(a)(9) (16 U.S.C.
1853(a)(9)) is amended by striking ``describe the likely
effects, if any, of the conservation and management measures
on--'' and inserting ``analyze the likely effects, if any,
including the cumulative economic and social impacts, of the
conservation and management measures on, and possible
mitigation measures for--''.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended
by inserting ``and of commonwealths, territories, and
possessions of the United States in the Caribbean Sea'' after
``seaward of such States''.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Tribal Alternate on Pacific Council.--Section 302(b)(5)
(16 U.S.C. 1852(b)(5)) is amended by adding at the end
thereof the following:
``(D) The tribal representative appointed under
subparagraph (A) may designate as an alternate, during the
period of the representative's term, an individual
knowledgeable concerning tribal rights, tribal law, and the
fishery resources of the geographical area concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g)
(16 U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes
paragraph (2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) Each Council shall establish, maintain, and
appoint the members of a scientific and statistical committee
to assist it in the development, collection, evaluation, and
peer review of such statistical, biological, economic,
social, and other scientific information as is relevant to
such Council's development and amendment of any fishery
management plan.
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for
acceptable biological catch or maximum sustainable yield, and
reports on stock status and health, bycatch, habitat status,
socio-economic impacts of management measures, and
sustainability of fishing practices.
``(C) Members appointed by the Councils to the scientific
and statistical committees shall be Federal employees, State
employees, academicians, or independent experts with strong
scientific or technical credentials and experience.
``(D) The Secretary and each Council may establish a peer
review process for that Council for scientific information
used to advise the Council about the conservation and
management of the fishery. The review process, which may
include existing committees or panels, is deemed to satisfy
the requirements of the guidelines issued pursuant to section
515 of the Treasury and General Government Appropriations Act
for Fiscal year 2001 (Public Law 106-554--Appendix C; 114
Stat. 2763A-153).
``(E) In addition to the provisions of section 302(f)(7),
the Secretary may pay a stipend to members of the scientific
and statistical committees or advisory panels who are not
employed by the Federal government or a State marine
fisheries agency.'';
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h))
is amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) adopt annual catch limits for each of its managed
fisheries after considering the recommendations of its
scientific and statistical committee or the peer review
process established under subsection (g); and''.
(d) Regular and Emergency Meetings.--The first sentence of
section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
(1) by striking ``published in local newspapers'' and
inserting ``provided by any means that will result in wide
publicity (except that e-mail notification and website
postings alone are not sufficient)''; and
(2) by striking ``fishery) and such notice may be given by
such other means as will result in wide publicity.'' and
inserting ``fishery).''.
(e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local
newspapers'' and inserting ``provide notice by any means that
will result in wide publicity''.
(f) Training.--Section 302 (16 U.S.C. 1852) is amended by
adding at the end the following:
``(k) Council Training Program.--
``(1) Training course.--Within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2005, the Secretary, in
consultation with the Councils and the National Sea Grant
College Program, shall develop a training course for newly
appointed Council members. The course may cover a variety of
topics relevant to matters before the Councils, including--
``(A) fishery science and basic stock assessment methods;
``(B) fishery management techniques, data needs, and
Council procedures;
``(C) social science and fishery economics;
``(D) tribal treaty rights and native customs, access, and
other rights related to Western Pacific indigenous
communities;
``(E) legal requirements of this Act, including conflict of
interest and disclosure provisions of this section and
related policies;
``(F) other relevant legal and regulatory requirements,
including the National Environmental Policy Act (42 U.S.C.
4321 et seq.);
``(G) public process for development of fishery management
plans; and
``(H) other topics suggested by the Council.
``(2) Member training.--The training course shall be
available to both new and existing Council members, and may
be made available to committee or advisory panel members as
resources allow.
``(l) Council Coordination Committee.--The Councils may
establish a Council coordination committee consisting of the
chairs, vice chairs, and executive directors of each of the 8
Councils described in subsection (a)(1), or other Council
members or staff, in order to discuss issues of relevance to
all Councils, including issues related to the implementation
of this Act.''.
(g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i))
is amended--
(1) by striking ``to the Councils or to the scientific and
statistical committees or advisory panels established under
subsection (g).'' in paragraph (1) and inserting ``to the
Councils, the Council coordination committee established
under subsection (l), or to the scientific and statistical
committees or other committees or advisory panels established
under subsection (g).'';
(2) by striking ``of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g):'' in paragraph (2) and inserting ``of a
Council, of the Council coordination committee established
under subsection (l), and of the scientific and statistical
committees or other committees or advisory panels established
under subsection (g):''; and
(3) by inserting ``the Council Coordination Committee
established under subsection (1),'' in paragraph (3)(A) after
``Council,''; and
(4) by inserting ``other committee,'' in paragraph (3)(A)
after ``committee,''.
(h) Conflicts of Interest.--Section 302(j) (16 U.S.C.
1852(j)) is amended--
(1) by inserting ``lobbying, advocacy,'' after
``processing,'' in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to any other
individual or organization with a financial interest in such
activity.'';
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
``(B) be kept on file by the Council and made available on
the Internet and for public inspection at the Council offices
during reasonable times; and''; and
(4) by adding at the end the following:
``(9) On January 1, 2008, and annually thereafter, the
Secretary shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on action taken by the
Secretary and the Councils to implement the disclosure of
financial interest and recusal requirements of this
subsection.''.
(i) Gulf of Mexico Fisheries Management Council.--Section
302(b)(2) (16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Secretary shall appoint to the Gulf of Mexico
Fisheries Management Council--
``(I) 5 representatives of the commercial fishing sector;
``(II) 5 representatives of the recreational fishing and
charter fishing sectors; and
``(III) 1 other individual who is knowledgeable regarding
the conservation and management of fisheries resources in the
jurisdiction of the Council.
``(ii) The Governor of a State submitting a list of names
of individuals for appointment by the Secretary of Commerce
to the Gulf of Mexico Fisheries Management Council under
subparagraph (C) shall include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
``(iii) If the Secretary determines that the list of names
submitted by the Governor does not meet the requirements of
clause (ii), the Secretary shall--
``(I) publish a notice in the Federal Register asking the
residents of that State to submit the
[[Page S6028]]
names and pertinent biographical data of individuals who
would meet the requirement not met for appointment to the
Council; and
``(II) add the name of any qualified individual submitted
by the public who meets the unmet requirement to the list of
names submitted by the Governor.
``(iv) For purposes of clause (ii), an individual who owns
or operates a fish farm outside of the Unites States shall
not be considered to be a representative of the commercial
fishing sector.''.
(j) Report and Recommendations on Gulf Council Amendment.--
(1) In general.--Before August, 2011, the Secretary of
Commerce, in consultation with the Gulf of Mexico Fisheries
Management Council, shall analyze the impact of the amendment
made by subsection (i) and determine whether section
302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a
fair and balanced apportionment of the active participants in
the commercial and recreational fisheries under the
jurisdiction of the Council.
(2) Report.--By no later than August, 2011, the Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources setting forth the Secretary's findings
and determination, including any recommendations for
legislative or other changes that may be necessary to achieve
such a fair and balanced apportionment, including whether to
renew the authority.
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is
amended--
(1) striking ``and charter fishing'' in paragraph (5) and
inserting ``charter fishing, and fish processing'';
(2) by inserting ``economic information necessary to meet
the requirements of this Act,'' in paragraph (5) after
``number of hauls,'';
(3) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including their
economic impact,'';
(4) by striking ``and'' after the semicolon in paragraph
(13);
(5) by striking ``allocate'' in paragraph (14) and
inserting ``allocate, taking into consideration the economic
impact of the harvest restrictions or recovery benefits on
the fishery participants in each sector,'';
(6) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and''; and
(7) by adding at the end the following:
``(15) provide a mechanism for specifying annual catch
limits in the plan (including a multiyear plan), the
implementing regulations, or the annual specifications that
shall be established by the Council or Secretary based on the
best scientific information available at a level that does
not exceed optimum yield, and, for purposes of which harvests
exceeding the specified annual catch limit (including the
specified annual catch limit for a sector) shall either be
deducted from the following year's annual catch limit
(including the annual catch limit for that sector), or by
adjusting other management measures and input controls such
that the fishing mortality rate for the following year is
reduced to account for the overage to achieve the overfishing
and rebuilding objectives of the plan for that sector.''.
(b) Effective Date.--The amendments made by subsection
(a)(5) shall take effect 2 years after the date of enactment
of this Act.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
(2) by inserting after paragraph (2) the following:
``(B) designate such zones in areas where deep sea corals
are identified under section 408, to protect deep sea corals
from physical damage from fishing gear or to prevent loss or
damage to such fishing gear from interactions with deep sea
corals, after considering long-term sustainable uses of
fishery resources in such areas; and
``(C) with respect to any closure of an area to all
fisheries managed under this Act, ensure that such closure--
``(i) is based on the best scientific information
available;
``(ii) includes criteria to assess the conservation benefit
of the closed area;
``(iii) establishes a timetable for review of the closed
area's performance that is consistent with the purposes of
the closed area; and
``(iv) is based on an assessment of the benefits and
impacts of the closure, including its size, in relation to
other management measures (either alone or in combination
with such measures), including the benefits and impacts of
limiting access to: users of the area, overall fishing
activity, fishery science, and fishery and marine
conservation;'';
(2) by striking ``fishery;'' in paragraph (5) and inserting
``fishery and take into account the different circumstances
affecting fisheries from different States and port, including
distances to fishing grounds and proximity to time and area
closures;'';
(3) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) the conservation requirements of this Act with
respect to the fishery;
``(B) present participation in the fishery;
``(C) historical fishing practices in, and dependence on,
the fishery;
``(D) the economics of the fishery;
``(E) the capability of fishing vessels used in the fishery
to engage in other fisheries;
``(F) the cultural and social framework relevant to the
fishery and any affected fishing communities;
``(G) the fair and equitable distribution of access
privileges to a public resource; and
``(H) any other relevant considerations;'';
(4) by striking ``(other than economic data)'' in paragraph
(7);
(5) by striking ``and'' after the semicolon in paragraph
(11); and
(6) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) establish a process for complying with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to
section 304(h) of this Act;
``(13) include management measures in the plan to conserve
target and non-target species and habitats, considering the
variety of ecological factors affecting fishery populations;
and''.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is
amended--
(1) by striking section 303(d); and
(2) by inserting after section 303 the following:
``SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2005, a Council may submit, and the
Secretary may approve, for a fishery that is managed under a
limited access system, a limited access privilege program to
harvest fish if the program meets the requirements of this
section.
``(b) No Creation of Right, Title, or Interest.--A limited
access system, limited access privilege, quota share, or
other authorization established, implemented, or managed
under this Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation for failure to
comply with the terms of the plan or if the system is found
to have jeopardized the sustainability of the stock or the
safety of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or
other such limited access system authorization if it is
revoked, limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish
is harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to
engage in activities permitted by such limited access
privilege or quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--In addition to complying with the other
requirements of this Act, any limited access privilege
program to harvest fish submitted by a Council or approved by
the Secretary under this section shall--
``(A) if established in a fishery that is overfished or
subject to a rebuilding plan, assist in its rebuilding; and
``(B) if established in a fishery that is determined by the
Secretary or the Council to have over-capacity, contribute to
reducing capacity;
``(C) promote--
``(i) the safety of human life at sea; and
``(ii) the conservation and management of the fishery;
``(D) prohibit any person other than a United States
citizen, a corporation, partnership, or other entity
established under the laws of the United States or any State,
or a permanent resident alien, that meets the eligibility and
participation requirements established in the program from
acquiring a privilege to harvest fish;
``(E) require that all fish harvested under a limited
access privilege program be processed by vessels of the
United States, in United States waters, or on United States
soil (including any territory of the United States).
``(F) specify the goals of the program;
``(G) include provisions for the regular monitoring and
review by the Council and the Secretary of the operations of
the program, including determining progress in meeting the
goals of the program and this Act, and any necessary
modification of the program to meet those goals, with a
formal and detailed review 5 years after the establishment of
the program and every 5 years thereafter;
``(H) include an effective system for enforcement,
monitoring, and management of the program, including the use
of observers;
``(I) include an appeals process for administrative review
of determinations with respect to the Secretary's decisions
regarding administration of the limited access privilege
program;
``(J) provide for the establishment by the Secretary, in
consultation with the Department of Justice and the Federal
Trade Commission, for an information collection and review
process to provide any additional information needed by the
Department of Justice and the Federal Trade Commission to
determine whether any illegal acts of anti-competition, anti-
trust, price collusion, or price fixing have occurred among
regional fishery associations or persons receiving limited
access privileges under the program; and
``(K) provide for the revocation by the Secretary of
limited access privileges held by any person found to have
violated the antitrust laws of the United States.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(E) if the Secretary determines that--
``(A) the fishery has historically processed the fish
outside of the United States; and
``(B) the United States has a seafood safety equivalency
agreement with the country where processing will occur (or
other assurance that
[[Page S6029]]
seafood safety procedures to be used in such processing are
equivalent or superior to the applicable United States
seafood safety standards).
``(3) Fishing communities.--
``(A) In general.--
``(i) Eligibility.--To be eligible to participate in a
limited access privilege program to harvest fish, a fishing
community shall--
``(I) be located within the management area of the relevant
Council;
``(II) meet criteria developed by the relevant Council,
approved by the Secretary, and published in the Federal
Register;
``(III) consist of residents who conduct commercial or
recreational fishing, processing, or fishery-dependent
support businesses within the Council's management area; and
``(IV) develop and submit a community sustainability plan
to the Council and the Secretary that demonstrates how the
plan will address the social and economic development needs
of fishing communities, including those that have not
historically had the resources to participate in the fishery,
for approval based on criteria developed by the Council that
have been approved by the Secretary and published in the
Federal Register.
``(ii) Failure to comply with plan.--The Secretary shall
deny limited access privileges granted under this section for
any person who fails to comply with the requirements of the
plan.
``(B) Participation criteria.--In developing participation
criteria for eligible communities under this paragraph, a
Council shall consider--
``(i) traditional fishing or processing practices in, and
dependence on, the fishery;
``(ii) the cultural and social framework relevant to the
fishery;
``(iii) economic barriers to access to fishery;
``(iv) the existence and severity of projected economic and
social impacts associated with implementation of limited
access privilege programs on harvesters, captains, crew,
processors, and other businesses substantially dependent upon
the fishery in the region or subregion;
``(v) the expected effectiveness, operational transparency,
and equitability of the community sustainability plan; and
``(vi) the potential for improving economic conditions in
remote coastal communities lacking resources to participate
in harvesting or processing activities in the fishery.
``(4) Regional fishery associations.--
``(A) In general.--To be eligible to participate in a
limited access privilege program to harvest fish, a regional
fishery association shall--
``(i) be located within the management area of the relevant
Council;
``(ii) meet criteria developed by the relevant Council,
approved by the Secretary, and published in the Federal
Register;
``(iii) be a voluntary association with established by-laws
and operating procedures consisting of participants in the
fishery, including commercial or recreational fishing,
processing, fishery-dependent support businesses, or fishing
communities; and
``(iv) develop and submit a regional fishery association
plan to the Council and the Secretary for approval based on
criteria developed by the Council that have been approved by
the Secretary and published in the Federal Register.
``(B) Failure to comply with plan.--The Secretary shall
deny limited access privileges granted under this section for
any person who fails to comply with the requirements of the
plan.
``(C) Participation criteria.--In developing participation
criteria for eligible regional fishery associations under
this paragraph, a Council shall consider--
``(i) traditional fishing or processing practices in, and
dependence on, the fishery;
``(ii) the cultural and social framework relevant to the
fishery;
``(iii) economic barriers to access to fishery;
``(iv) the existence and severity of projected economic and
social impacts associated with implementation of limited
access privilege programs on harvesters, captains, crew,
processors, and other businesses substantially dependent upon
the fishery in the region or subregion, upon the
administrative and fiduciary soundness of the association and
its by-laws; and
``(v) the expected effectiveness, operational transparency,
and equitability of the fishery association plan.
``(5) Allocation.--In developing a limited access privilege
program to harvest fish a Council or the Secretary shall--
``(A) establish procedures to ensure fair and equitable
initial allocations, including consideration of--
``(i) current and historical harvests;
``(ii) employment in the harvesting and processing sectors;
``(iii) investments in, and dependence upon, the fishery;
and
``(iv) the current and historical participation of fishing
communities;
``(B) to the extent practicable, consider the basic
cultural and social framework of the fishery, especially
through the development of policies to promote the sustained
participation of small owner-operated fishing vessels and
fishing communities that depend on the fisheries, including
regional or port-specific landing or delivery requirements;
``(C) include measures to assist, when necessary and
appropriate, entry-level and small vessel operators,
captains, crew, and fishing communities through set-asides of
harvesting allocations, including providing privileges and,
where appropriate, recommending the provision of economic
assistance in the purchase of limited access privileges to
harvest fish;
``(D) ensure that limited access privilege holders do not
acquire an excessive share of the total limited access
privileges in the program by--
``(i) establishing a maximum share, expressed as a
percentage of the total limited access privileges, that a
limited access privilege holder is permitted to hold,
acquired, or use; and
``(ii) establishing any other limitations or measures
necessary to prevent an inequitable concentration of limited
access privileges;
``(E) establish procedures to address geographic or other
consolidation in both the harvesting and processing sectors
of the fishery; and
``(F) authorize limited access privileges to harvest fish
to be held, acquired, or used by or issued under the system
to persons who substantially participate in the fishery, as
specified by the Council, including, as appropriate, fishing
vessel owners, vessel captains, vessel crew members, fishing
communities, and regional fishery associations.
``(6) Program initiation.--
``(A) Limitation.--Except as provided in subparagraph (D),
a Council may initiate a fishery management plan or amendment
to establish a limited access privilege program to harvest
fish on its own initiative or if the Secretary has certified
an appropriate petition.
``(B) Petition.--A group of fishermen constituting more
than 50 percent of the permit holders, or holding more than
50 percent of the allocation, in the fishery for which a
limited access privilege program to harvest fish is sought,
may submit a petition to the Secretary requesting that the
relevant Council or Councils with authority over the fishery
be authorized to initiate the development of the program. Any
such petition shall clearly state the fishery to which the
limited access privilege program would apply. For
multispecies permits in the Gulf, only those participants who
have substantially fished the species proposed to be included
in the limited access program shall be eligible to sign a
petition for such a program and shall serve as the basis for
determining the percentage described in the first sentence of
this subparagraph.
``(C) Certification by secretary.--Upon the receipt of any
such petition, the Secretary shall review all of the
signatures on the petition and, if the Secretary determines
that the signatures on the petition represent more than 50
percent of the permit holders, or holders of more than 50
percent of the allocation in the fishery, as described by
subparagraph (B), the Secretary shall certify the petition to
the appropriate Council or Councils.
``(D) New england and gulf referendum.--
``(i) Except as provided in clause (iii) for the Gulf of
Mexico commercial red snapper fishery, the New England and
Gulf Councils may not submit, and the Secretary may not
approve or implement, a fishery management plan or amendment
that creates an individual fishing quota program, including a
Secretarial plan, unless such a system, as ultimately
developed, has been approved by more than \2/3\ of those
voting in a referendum among eligible permit holders with
respect to the New England Council, and by a majority of
those voting in the referendum among eligible permit holders
with respect to the Gulf Council. For multispecies permits in
the Gulf, only those participants who have substantially
fished the species proposed to be included in the individual
fishing quota program shall be eligible to vote in such a
referendum. If an individual fishing quota program fails to
be approved by the requisite number of those voting, it may
be revised and submitted for approval in a subsequent
referendum.
``(ii) The Secretary shall conduct a referendum under this
subparagraph, including notifying all persons eligible to
participate in the referendum and making available to them
information concerning the schedule, procedures, and
eligibility requirements for the referendum process and the
proposed individual fishing quota program. Within 1 year
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005, the
Secretary shall publish guidelines and procedures to
determine procedures and voting eligibility requirements for
referenda and to conduct such referenda in a fair and
equitable manner.
``(iii) The provisions of section 407(c) of this Act shall
apply in lieu of this subparagraph for an individual fishing
quota program for the Gulf of Mexico commercial red snapper
fishery.
``(iv) Chapter 35 of title 44, United States Code,
(commonly known as the Paperwork Reduction Act) does not
apply to the referenda conducted under this subparagraph.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) establish a policy on the transferability of limited
access privilege shares (through sale or lease), including a
policy on any conditions that apply to the transferability of
limited access privilege shares that is consistent with the
policies adopted by the Council for the fishery under
paragraph (3); and
``(B) establish criteria for the approval and monitoring of
transfers (including sales and leases) of limited access
privilege shares.
``(8) Preparation and implementation of secretarial
plans.--This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(g).
``(9) Antitrust savings clause.--Nothing in this Act shall
be construed to modify, impair, or supersede the operation of
any of the antitrust laws. For purposes of the preceding
sentence, the term `antitrust laws' has the meaning given
such term in subsection (a) of the first section of the
Clayton Act, except that such term includes section 5 of the
Federal Trade Commission Act to the extent that such section
5 applies to unfair methods of competition.
``(d) Auction and Other Programs.--In establishing a
limited access privilege program, a Council may consider, and
provide for, if appropriate, an auction system or other
program to collect royalties for the initial, or any
subsequent, distribution of allocations in a limited access
privilege program if--
[[Page S6030]]
``(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege
shares meets the program requirements of subsection
(c)(3)(A); and
``(2) revenues generated through such a royalty program are
deposited in the Limited Access System Administration Fund
established by section 305(h)(5)(B) and available subject to
annual appropriations.
``(e) Cost Recovery.--In establishing a limited access
privilege program, a Council shall--
``(1) develop a methodology and the means to identify and
assess the management, data collection and analysis, and
enforcement programs that are directly related to and in
support of the program; and
``(2) provide, under section 304(d)(2), for a program of
fees paid by limited access privilege holders that will cover
the costs of management, data collection and analysis, and
enforcement activities.
``(f) Limited Duration.--In establishing a limited access
privilege program after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2005, a Council may establish--
``(1) a set term after which any initial or subsequent
allocation of a limited access privilege shall expire;
``(2) different set terms within a fishery if the Council
determines that variation of terms will further management
goals; and
``(3) a mechanism under which participants in and entrants
to the program may acquire or reacquire allocations.
``(g) Limited Access Privilege Assisted Purchase Program.--
``(1) In general.--A Council may submit, and the Secretary
may approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to
issue obligations that aid in financing--
``(A) the purchase of limited access privileges in that
fishery by fishermen who fish from small vessels; and
``(B) the first-time purchase of limited access privileges
in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--
Nothing in this Act, or the amendments made by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2005, shall be construed to require a reallocation of
individual quota shares, processor quota shares, cooperative
programs, or other quota programs, including sector
allocation, under development or submitted by a Council or
approved by the Secretary or by Congressional action before
the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005.''.
(b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A))
is amended by striking ``management and enforcement'' and
inserting ``management, data collection, and enforcement''.
(c) Investment in United States Seafood Processing
Facilities.--The Secretary of Commerce shall work with the
Small Business Administration and other Federal agencies to
develop financial and other mechanisms to encourage United
States investment in seafood processing facilities in the
United States for fisheries that lack capacity needed to
process fish harvested by United States vessels in compliance
with the Magnuson--Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16
U.S.C. 1854(d)(2)(C)(i)) is amended by striking ``section
305(h)(5)(B)'' and all that follows and inserting ``section
305(h)(5)(B).''.
(e) Application With American Fisheries Act.--Nothing in
section 303A of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), as added by
subsection (a), shall be construed to modify or supersede any
provision of the American Fisheries Act (46 U.S.C. 12102
note; 16 U.S.C. 1851 note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the
end the following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation
with the Councils and the Council on Environmental Quality,
revise and update agency procedures for compliance with the
National Environmental Policy Act (42 U.S.C. 4231 et seq.).
The procedures shall--
``(A) conform to the time lines for review and approval of
fishery management plans and plan amendments under this
section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input, with
the procedure for the preparation and dissemination of
fishery management plans, plan amendments, and other actions
taken or approved pursuant to this Act in order to provide
for timely, clear and concise analysis that is useful to
decision makers and the public, reduce extraneous paperwork,
and effectively involve the public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to
this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) propose revised procedures within 12 months after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005;
``(B) provide 90 days for public review and comments; and
``(C) promulgate final procedures no later than 18 months
after the date of enactment of that Act.
``(4) Public participation.--The Secretary is authorized
and directed, in cooperation with the Council on
Environmental Quality and the Councils, to involve the
affected public in the development of revised procedures,
including workshops or other appropriate means of public
involvement.''.
SEC. 108. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking
``180 days,'' and inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim
measures'' after ``emergency regulations''.
SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the
end thereof the following:
``(j) Western Pacific Regional Marine Education and
Training.--
``(1) In general.--The Secretary shall establish a pilot
program for regionally-based marine education and training
programs in the Western Pacific to foster understanding,
practical use of knowledge (including native Hawaiian and
other Pacific Islander-based knowledge), and technical
expertise relevant to stewardship of living marine resources.
The Secretary shall, in cooperation with the Western Pacific
Regional Fishery Management Council, regional educational
institutions, and local Western Pacific community training
entities, establish programs or projects that will improve
communication, education, and training on marine resource
issues throughout the region and increase scientific
education for marine-related professions among coastal
community residents, including indigenous Pacific islanders,
Native Hawaiians and other underrepresented groups in the
region.
``(2) Program components.--The program shall--
``(A) include marine science and technology education and
training programs focused on preparing community residents
for employment in marine related professions, including
marine resource conservation and management, marine science,
marine technology, and maritime operations;
``(B) include fisheries and seafood-related training
programs, including programs for fishery observers, seafood
safety and seafood marketing, focused on increasing the
involvement of coastal community residents in fishing,
fishery management, and seafood-related operations;
``(C) include outreach programs and materials to educate
and inform consumers about the quality and sustainability of
wild fish or fish products farmed through responsible
aquaculture, particularly in Hawaii and the Western Pacific;
``(D) include programs to identify, with the fishing
industry, methods and technologies that will improve the data
collection, quality, and reporting and increase the
sustainability of fishing practices, and to transfer such
methods and technologies among fisheries sectors and to other
nations in the Western and Central Pacific;
``(E) develop means by which local and traditional
knowledge (including Pacific islander and Native Hawaiian
knowledge) can enhance science-based management of fishery
resources of the region; and
``(F) develop partnerships with other Western Pacific
Island agencies, academic institutions, and other entities to
meet the purposes of this section.''.
SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Section 305(i)(1) (16 U.S.C. 1855(i)(1)) is amended--
(1) by striking ``To'' in subparagraph (B) and inserting
``Except as provided in subparagraph (E), to''; and
(2) by adding at the end the following:
``(E) A community shall be eligible to participate in the
western Alaska community development quota program under
subparagraph (A) if the community was--
``(i) listed in table 7 to part 679 of title 50, Code of
Federal Regulations, as in effect on January 1, 2004; or
``(ii) approved by the National Marine Fisheries Service on
April 19, 1999.''.
SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109, is
further amended by adding at the end thereof the following:
``(k) Multispecies Groundfish.--Within 60 days after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005, the
Secretary of Commerce shall determine whether fishing in
State waters without a New England multispecies groundfish
fishery permit on regulated species within the multispecies
complex is not consistent with the applicable Federal fishery
management plan. If the Secretary makes a determination that
such actions are not consistent with the plan, the Secretary
shall, in consultation with the Council, and after notifying
the affected State, develop and implement measures to cure
the inconsistency.''.
SEC. 112. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
[[Page S6031]]
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for enforcement
purposes any data or information required to be provided
under this title or regulations under this title, including
data from Global Maritime Distress and Safety Systems, vessel
monitoring systems, or any similar system, subject to the
confidentiality provisions of section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers
with marine law enforcement responsibilities to perform
duties of the Secretary relating to law enforcement
provisions under this title or any other marine resource law
enforced by the Secretary. Upon receiving an application
meeting the requirements of this subsection, the Secretary
may enter into a joint enforcement agreement with the
requesting State.
``(2) Eligible state.--A State is eligible to participate
in the cooperative enforcement agreements under this section
if it is in, or bordering on, the Atlantic Ocean (including
the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the
Gulf of Mexico, Long Island Sound, or 1 or more of the Great
Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and intent of
this section to the extent applicable to the regulated
activities;
``(B) may include specifications for joint management
responsibilities as provided by the first section of Public
Law 91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall
be fairly distributed among all eligible States participating
in cooperative enforcement agreements under this subsection,
based upon consideration of Federal marine enforcement needs,
the specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State
to undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to
be withheld by the Secretary for the cost of any technical or
other assistance provided to the State by the Secretary under
the agreement.
``(i) Improved Data Sharing.--
``(1) In general.--Notwithstanding any other provision of
this Act, as soon as practicable but no later than 21 months
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005, the
Secretary shall implement data-sharing measures to make any
data required to be provided by this Act from Global Maritime
Distress and Safety Systems, vessel monitoring systems, or
similar systems--
``(A) directly accessible by State enforcement officers
authorized under subsection (a) of this section; and
``(B) available to a State management agency involved in,
or affected by, management of a fishery if the State has
entered into an agreement with the Secretary under section
402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section
402(b)(1)(B) of this Act if--
``(A) the Attorney General or highest ranking legal officer
of the State provides a written opinion or certification that
State law allows the State to maintain the confidentiality of
information required by Federal law to be kept confidential;
or
``(B) the Secretary is provided other reasonable assurance
that the State can and will protect the identity or business
of any person to which such information relates.''.
(b) Report on Using GMDSS for Fishery Purposes.--Within 15
months after the date of enactment of this Act, the National
Marine Fisheries Service and the United States Coast Guard
shall transmit a joint report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources containing--
(1) a cost-to-benefit analysis of the feasibility, value,
and cost of using the Global Maritime Distress and Safety
Systems, vessel monitoring systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal government bearing the capital
costs of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether the Global Maritime Distress
and Safety Systems or similar requirements would overlap
existing requirements or render them redundant;
(4) an examination of how data integration from such
systems could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these
opportunities, including the provision of direct access to
the Global Maritime Distress and Safety Systems or similar
system data to State enforcement officers, while considering
the need to maintain or provide an appropriate level of
individual vessel confidentiality where practicable; and
(6) an assessment of how the Global Maritime Distress and
Safety Systems or similar systems could be developed,
purchased, and distributed to regulated vessels.
SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.
(a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
(1) by striking ``measures;'' in subsection (a)(1)(B) and
inserting ``measures, including regulatory restrictions
imposed to protect human health or the marine environment and
judicially imposed harvest restrictions;'';
(2) by striking ``1996, 1997, 1998, and 1999.'' in
subsection (a)(4) and inserting ``2006 through 2012.'';
(3) by striking ``or the Governor of a State for fisheries
under State authority, may conduct a fishing'' in subsection
(b)(1) and inserting ``the Governor of a State for fisheries
under State authority, or a majority of permit holders in the
fishery, may conduct a voluntary fishing'';
(4) by inserting ``practicable'' after ``entrants,'' in
subsection (b)(1)(B)((i);
(5) by striking ``cost-effective and'' in subsection
(b)(1)C) and inserting ``cost-effective and, in the instance
of a program involving an industry fee system,
prospectively'';
(6) by striking subparagraph (A) of subsection (b)(2) and
inserting the following:
``(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the fishery is
surrendered for permanent revocation and the vessel owner and
permit holder relinquish any claim associated with the vessel
or permit that could qualify such owner or holder for any
present or future limited access system permit in the fishery
for which the program is established and such vessel is (i)
scrapped, or (ii) through the Secretary of the department in
which the Coast Guard is operating, subjected to title
restrictions (including loss of the vessel's fisheries
endorsement) that permanently prohibit and effectively
prevent its use in fishing in federal or state waters, or
fishing on the high seas or in the waters of a foreign
nation; or'';
(7) by striking ``The Secretary shall consult, as
appropriate, with Councils,'' in subsection (b)(4) and
inserting ``The harvester proponents of each program and the
Secretary shall consult, as appropriate and practicable, with
Councils,'';
(8) by striking ``Secretary, at the request of the
appropriate Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(9) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(10) by striking ``a two-thirds majority of the
participants voting.'' in subsection (d)(1)(B) and inserting
``at least a majority of the permit holders in the fishery,
or 50 percent of the permitted allocation of the fishery, who
participated in the fishery.'';
(11) by striking ``establish;'' in subsection (d)(2)((C)
and inserting ``establish, unless the Secretary determines
that such fees should be collected from the seller;'' and
(12) striking subsection (e) and inserting the following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose
and adopt framework regulations applicable to the
implementation of all programs under this section.
``(2) Program regulations.--The Secretary shall implement
each program under this section by promulgating regulations
that, together with the framework regulations, establish each
program and control its implementation.
``(3) Harvester proponents' implementation plan.--The
Secretary may not propose implementation regulations for a
program to be paid for by an industry fee system until the
harvester proponents of the program provide to the Secretary
a proposed implementation plan that, among other matters--
``(A) proposes the types and numbers of vessels or permits
that are eligible to participate in the program and the
manner in which the program shall proceed, taking into
account--
``(i) the requirements of this section;
``(ii) the requirements of the framework regulations;
``(iii) the characteristics of the fishery;
``(iv) the requirements of the applicable fishery
management plan and any amendment that such plan may require
to support the proposed program;
``(v) the general needs and desires of harvesters in the
fishery;
``(vi) the need to minimize program costs; and
``(vii) other matters, including the manner in which such
proponents propose to fund the program to ensure its cost
effectiveness, as well as any relevant factors demonstrating
the potential for, or necessary to obtain, the support and
general cooperation of a substantial number of affected
harvesters in the fishery (or portion of the fishery) for
which the program is intended; and
``(B) proposes procedures for program participation (such
as submission of owner bids under an auction system or fair
market-value assessment), including any terms and conditions
for participation, that the harvester proponents deem to be
reasonably necessary to meet the program's proposed
objectives.
``(4) Participation contracts.--The Secretary shall
contract with each person participating in a program, and
each such contract shall, in addition to including such other
matters as the Secretary deems necessary and appropriate to
effectively implement each program (including penalties for
contract non-performance) be consistent with the framework
and implementing regulations and all other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a
[[Page S6032]]
reduction auction that scores the reduction price of each bid
offer by the data relevant to each bidder under an
appropriate fisheries productivity factor. If the Secretary
accepts bids, the Secretary shall accept responsive bids in
the rank order of their bid scores, starting with the bid
whose reduction price is the lowest percentage of the
productivity factor, and successively accepting each
additional responsive bid in rank order until either there
are no more responsive bids or acceptance of the next bid
would cause the total value of bids accepted to exceed the
amount of funds available for the program.
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms
and conditions for participation consistent with the
framework and implementing regulations. Each bid that the
Secretary receives in response to the invitation to bid shall
constitute an irrevocable offer from the bidder.''.
(b) Technical Amendment.--Sections 116, 203, 204, 205, and
206 of the Sustainable Fisheries Act are deemed to have added
sections 312, 402, 403, 404, and 405, respectively to the Act
as of the date of enactment of the Sustainable Fisheries Act.
SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION,
AND RECOVERY PROGRAM.
Title III (16 U.S.C. 1851 et seq.) is amended by adding at
the end the following:
``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION,
AND RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional
fishery disaster the Secretary may, upon the request of, and
in consultation with, the Governors of affected States,
establish a regional economic transition program to provide
immediate disaster relief assistance to the fishermen,
charter fishing operators, United States fish processors, and
owners of related fishery infrastructure affected by the
disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other
economic assistance to affected entities, or to governmental
entities for disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities, cold
storage facilities, ice houses, docks, including temporary
docks and storage facilities, and other related shoreside
fishery support facilities and infrastructure;
``(B) financial assistance and job training assistance for
fishermen who wish to remain in a fishery in the region that
may be temporarily closed as a result of environmental or
other effects associated with the disaster;
``(C) funding, pursuant to the requirements of section
312(b), to fishermen who are willing to scrap a fishing
vessel and permanently surrender permits for fisheries named
on that vessel; and
``(D) any other activities authorized under section 312(a)
of this Act or section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job
training assistance.
``(3) State participation obligation.--The participation by
a State in the program shall be conditioned upon a commitment
by the appropriate State entity to ensure that the relevant
State fishery meets the requirements of section 312(b) of
this Act to ensure excess capacity does not re-enter the
fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section 308
of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107), and any other provision of law under which the Federal
share of the cost of any activity is limited to less than 100
percent if the Secretary determines that--
``(A) no reasonable means are available through which
applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal financing
outweighs the public interest in imposition of the matching
requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3))
shall not apply to assistance under this section.
``(c) Regional Impact Evaluation.--Within 2 months after a
catastrophic regional fishery disaster the Secretary shall
provide the Governor of each State participating in the
program a comprehensive economic and socio-economic
evaluation of the affected region's fisheries to assist the
Governor in assessing the current and future economic
viability of affected fisheries, including the economic
impact of foreign fish imports and the direct, indirect, or
environmental impact of the disaster on the fishery and
coastal communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In
this section the term `catastrophic regional fishery
disaster' means a natural disaster, including a hurricane or
tsunami, or a judicial or regulatory closure to protect human
health or the marine environment, that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this Act or a fishery
resource disaster or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)).''.
SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) Loan Assistance.--Subject to availability of
appropriations, the Secretary of Commerce shall provide
assistance to eligible holders of fishery finance program
loans and allocate such assistance among eligible holders
based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and
re-amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for
up to 1 year beyond the remaining term of the loan, or
September 30, 2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal
years 2006 through 2012, not to exceed amounts authorized
under subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--
(1) In general.--Upon application made by an eligible
holder of a fishery finance program loan, made at such time,
in such manner, and containing such information as the
Secretary may require, the Secretary, on a calendar year
basis beginning in 2005, may--
(A) offset against the outstanding balance on the loan an
amount equal to the sum of the amounts expended by the holder
during the calendar year to repair or replace covered vessels
or facilities, or to invest in new fisheries infrastructure
within or for use within the declared fisheries disaster
area; or
(B) cancel the amount of debt equal to 100 hundred percent
of actual expenditures on eligible repairs, reinvestment,
expansion, or new investment in fisheries infrastructure in
the disaster region, or repairs to, or replacement of,
eligible fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the
major disaster area designated by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina
or Hurricane Rita.
(2) Eligible holder.--The term ``eligible holder'' means
the holder of a fishery finance program loan if--
(A) that loan is used to guarantee or finance any fishing
vessel or fish processing facility home-ported or located
within the declared fisheries disaster area; and
(B) the holder makes expenditures to repair or replace such
covered vessels or facilities, or invests in new fisheries
infrastructure within or for use within the declared
fisheries disaster area, to restore such facilities following
the disaster.
(3) Fishery finance program loan.--The term ``fishery
finance program loan'' means a loan made or guaranteed under
the fishery finance program under title XI of the Merchant
Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce for the
purposes of this section not more than $15,000,000 for each
eligible holder for the period beginning with fiscal year
2006 through fiscal year 2012.
SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Commerce shall establish
an assistance program for the Gulf of Mexico shrimp fishing
industry.
(b) Allocation of Funds.--Under the program, the Secretary
shall allocate funds appropriated to carry out the program
among the States of Alabama, Louisiana, Florida, Mississippi,
and Texas in proportion to the percentage of the shrimp catch
landed by each State, except that the amount allocated to
Florida shall be based exclusively on the proportion of such
catch landed by the Florida Gulf Coast fishery.
(c) Use of Funds.--Of the amounts made available to each
State under the program--
(1) 2 percent shall be retained by the State to be used for
the distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and
bycatch reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to food,
energy needs, housing assistance, transportation fuel, and
other urgent needs;
(B) assistance for small businesses, including fishermen,
fish processors, and related businesses serving the fishing
industry;
(C) domestic product marketing and seafood promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for the
fishery;
(F) funding or other incentives to ensure widespread and
proper use of turtle excluder devices and bycatch reduction
devices in the fishery; and
(G) voluntary capacity reduction programs for shrimp
fisheries under limited access programs.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce $17,500,000
for fiscal years 2006 through 2011 to carry out this section.
SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section
114 of this Act, is further amended by adding at the end the
following:
``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.
``(a) Bycatch Reduction Engineering Program.--Not later
than 1 year after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2005, the Secretary, in cooperation with the Councils
and other affected interests, and based upon the best
scientific information available, shall establish a bycatch
reduction program to develop technological devices and other
conservation engineering changes designed to
[[Page S6033]]
minimize bycatch, seabird bycatch, bycatch mortality, and
post-release mortality in Federally managed fisheries. The
program shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for
adoption of methods developed under the program in fishery
management plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by
a Council or by the Secretary may establish a system of
incentives to reduce total bycatch and seabird bycatch
amounts, bycatch rates, and post-release mortality in
fisheries under the Council's or Secretary's jurisdiction,
including--
``(1) measures to incorporate bycatch into quotas,
including the establishment of collective or individual
bycatch quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird bycatch rates; and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird
bycatch, bycatch mortality, post-release mortality, or
regulatory discards in the fishery.''.
SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND
COASTAL HABITATS.
(a) In General.--The Secretary of Commerce shall establish
a community-based fishery and coastal habitat restoration
program to implement and support the restoration of fishery
and coastal habitats.
(b) Authorized Activities.--In carrying out the program,
the Secretary may--
(1) provide funding and technical expertise to fishery and
coastal communities to assist them in restoring fishery and
coastal habitat;
(2) advance the science and monitoring of coastal habitat
restoration;
(3) transfer restoration technologies to the private
sector, the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound
coastal restoration projects;
(5) promote significant community support and volunteer
participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats;
and
(7) leverage resources through national, regional, and
local public-private partnerships.
SEC. 119. PROHIBITED ACTS.
Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(O);
(2) by striking ``carcass.'' in subparagraph (P) and
inserting ``carcass;''; and
(3) by inserting after subparagraph (P) and before the last
sentence the following:
``(Q) to import, export, transport, sell, receive, acquire,
or purchase in interstate or foreign commerce any fish taken,
possessed, transported, or sold in violation of any foreign
law or regulation; or
``(R) to use any fishing vessel to engage in fishing in
Federal or State waters, or on the high seas or the waters of
another country, after the Secretary has made a payment to
the owner of that fishing vessel under section 312(b)(2).''.
SEC. 120. ENFORCEMENT.
(a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is
amended--
(1) by striking ``$100,000'' in subsection (a) and
inserting ``$240,000'';
(2) by striking ``this section,'' in subsection (f) and
inserting ``this Act (or any other marine resource law
enforced by the Secretary),'';
(3) by inserting ``a permit, or any interest in a permit,''
in subsection (g)(3) after ``vessel,'' each place it appears;
(4) by striking ``the vessel'' in subsection (g)(3) and
inserting ``the vessel, permit, or interest'';
(5) by inserting ``or any amount in settlement of a civil
forfeiture,'' after ``criminal fine,'' in subsection (g)(4);
and
(6) by striking ``penalty or fine'' in subsection (g)(4)
and inserting ``penalty, fine, or settlement amount''.
(b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is
amended to read as follows:
``SEC. 309. CRIMINAL PENALTIES.
``(a) Fines and Imprisonment.--
``(1) In general.--Any person (other than a foreign
government or entity thereof) who knowingly violates
subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1)
of section 307, or paragraph (2) of section 307, shall be
imprisoned for not more than 5 years and fined--
``(A) not more than $500,000 if such person is an
individual; or
``(B) not more than $1,000,000 if such person is a
corporation or other legal entity other than an individual.
``(2) Aggravated offenses.--Notwithstanding paragraph (1),
the maximum term of imprisonment shall be for not more than
10 years if--
``(A) the violator is an individual; and
``(B) in the commission of a violation described in
paragraph (1), that individual--
``(A) used a dangerous weapon;
``(B) engaged in conduct that caused bodily injury to any
observer described in section 307, any officer authorized to
enforce the provisions of this Act under section 311, or any
Council member or staff; or
``(C) placed any such observer, officer, Council member, or
staff in fear of imminent bodily injury.
``(b) Other Violations.--Any person (other than a foreign
government or entity thereof) who knowingly violates any
other provision of section 307 shall be fined under title 18,
United States Code, imprisoned for not more than 5 years, or
both.
``(c) Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action arising under this
Act.
``(2) Venue.--For purposes of this Act--
``(A) each violation of this Act shall constitute a
separate offense and the offense shall be deemed to have been
committed not only in the district where it first occurred,
but also in any other district as authorized by law;
``(B) any offense not committed within a judicial district
of the United States is subject to the venue provisions of
section 3238 of title 18, United States Code; and
``(C) American Samoa shall be included within the judicial
district of the United States District Court for the District
of Hawaii.''.
(c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a))
is amended--
(1) by striking ``(other than any act for which the
issuance of a citation under section 311(a) is sufficient
sanction)''; and
(2) by striking ``States.'' and inserting ``States, except
that no fishing vessel shall be subject to forfeiture under
this section as the result of any act for which the issuance
of a citation under section 311(a) is sufficient sanction.''.
(d) Enforcement Responsibility.--Section 311(a) (16 U.S.C.
1861(a)) is amended--
(1) by striking ``Act'' and inserting ``Act, and the
provisions of any marine resource law administered by the
Secretary,''; and
(2) by striking ``State agency,'' and inserting ``agency of
any State, Territory, Commonwealth, or Tribe,''.
(e) Powers of Authorized Officers.--Section 311(b) (16
U.S.C. 1861(b)) is amended by striking ``Federal or State''.
(f) Payment of Storage, Care, and Other Costs.--Section
311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as
follows:
``(B) a reward to any person who furnishes information
which leads to an arrest, conviction, civil penalty
assessment, or forfeiture of property for any violation of
any provision of this Act or any other marine resource law
enforced by the Secretary of up to the lesser of--
``(i) 20 percent of the penalty or fine collected; or
``(ii) $20,000;''.
TITLE II--INFORMATION AND RESEARCH
SEC. 201. RECREATIONAL FISHERIES INFORMATION.
Section 401 (16 U.S.C. 1881) is amended by striking
subsection (g) and inserting the following:
``(g) Recreational Fisheries.--
``(1) Federal program.--The Secretary shall establish and
implement a regionally based registry program for
recreational fishermen in each of the 8 fishery management
regions. The program shall provide for--
``(A) the registration (including identification and
contact information) of individuals who engage in
recreational fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery resources beyond the
Exclusive Economic Zone; and
``(B) if appropriate, the registration (including the
ownership, operator, and identification of the vessel) of
vessels used in such fishing.
``(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen and
charter fishing vessels licensed, permitted, or registered
under the laws of a State if the Secretary determines that
information from the State program is suitable for the
Secretary's use or is used to assist in completing marine
recreational fisheries statistical surveys, or evaluating the
effects of proposed conservation and management measures for
marine recreational fisheries.
``(3) Data collection.--Within 24 months after the date of
enactment of the Magnuson-Stevens Fishery conservation and
Management Reauthorization Act of 2005, the Secretary shall
establish a program to improve the quality and accuracy of
information generated by the Marine Recreational Fishery
Statistics Survey, with a goal of achieving acceptable
accuracy and utility for each individual fishery. Unless the
Secretary determines that alternate methods will achieve this
goal more efficiently and effectively, the program shall, to
the extent possible, include--
``(A) an adequate number of dockside interviews to
accurately estimate recreational catch and effort;
``(B) use of surveys that target anglers registered or
licensed at the State or Federal level to collect
participation and effort data;
``(C) collection and analysis of vessel trip report data
from charter fishing vessels; and
``(D) development of a weather corrective factor that can
be applied to recreational catch and effort estimates.
``(4) Report.--Within 24 months after establishment of the
program, the Secretary shall submit a report to Congress that
describes the progress made toward achieving the goals and
objectives of the program.''.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended--
(1) by striking ``(a) Council Requests.--'' in the
subsection heading and inserting ``(a) Collection Programs.--
'';
(2) by resetting the text following ``(a) Collection
Programs.--'' as a new paragraph 2 ems from the left margin;
(3) by inserting ``(1) Council requests.--'' before ``If a
Council'';
(4) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
[[Page S6034]]
(5) by striking ``(other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations)'' each place it appears; and
(6) by adding at the end the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring
submission of such additional information for the fishery.''.
SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is
amended--
(1) by redesignating paragraph (2) as paragraph (3) and
resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
``(b) Confidentiality of Information.--
``(1) Any information submitted to the Secretary, a state
fishery management agency, or a marine fisheries commission
by any person in compliance with the requirements of this Act
that contains confidential information shall be confidential
and shall be exempt from disclosure under section 552(h)(3)
of title 5, United States Code, except--
``(A) to Federal employees and Council employees who are
responsible for fishery management plan development,
monitoring, or enforcement;
``(B) to State or Marine Fisheries Commission employees as
necessary to further the Department's mission, subject to a
confidentiality agreement that prohibits public disclosure of
confidential information relating to any person;
``(C) to State employees who are responsible for fishery
management plan enforcement, if the States employing those
employees have entered into a fishery enforcement agreement
with the Secretary and the agreement is in effect;
``(D) when such information is used by State, Council, or
Marine Fisheries Commission employees to verify catch under a
limited access program, but only to the extent that such use
is consistent with subparagraph (B);
``(E) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for
in this subsection, and such release does not violate other
requirements of this Act;
``(F) when such information is required to be submitted to
the Secretary for any determination under a limited access
program; or
``(G) in support of homeland and national security
activities, including the Coast Guard's homeland security
missions as defined in section 888(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 468(a)(2)).
``(2) Any observer information shall be confidential and
shall not be disclosed, except in accordance with the
requirements of subparagraphs (A) through (G) of paragraph
(1), or--
``(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific Council
to allow disclosure to the public of weekly summary bycatch
information identified by vessel or for haul-specific bycatch
information without vessel identification;
``(B) when such information is necessary in proceedings to
adjudicate observer certifications; or
``(C) as authorized by any regulations issued under
paragraph (3) allowing the collection of observer
information, pursuant to a confidentiality agreement between
the observers, observer employers, and the Secretary
prohibiting disclosure of the information by the observers or
observer employers, in order--
``(i) to allow the sharing of observer information among
observers and between observers and observer employers as
necessary to train and prepare observers for deployments on
specific vessels; or
``(ii) to validate the accuracy of the observer information
collected.''; and
(3) by striking ``(1)(E).'' in paragraph (3), as
redesignated, and inserting ``(2)(A).''.
(b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C.
1881c(c)(4)) is amended by striking ``under section 401''.
SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section
115, is further amended by adding at the end the following:
``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
``(a) In General.--The Secretary of Commerce, in
consultation with the Councils, shall establish a cooperative
research and management program to address needs identified
under this Act and under any other marine resource laws
enforced by the Secretary. The program shall be implemented
on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal
managers and scientists (including interstate fishery
commissions), fishing industry participants, and educational
institutions.
``(b) Eligible Projects.--The Secretary shall make funds
available under the program for the support of projects to
address critical needs identified by the Councils in
consultation with the Secretary. The program shall promote
and encourage efforts to utilize sources of data maintained
by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary
shall award funding on a competitive basis and based on
regional fishery management needs, select programs that form
part of a coherent program of research focused on solving
priority issues identified by the Councils, and shall give
priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing
vessels or acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch or
post-release mortality occurring in a fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality,
reduction of bycatch in high seas fisheries, and transfer of
such fishing technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental Permitting Process.--Not later than 180
days after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2005, the Secretary, in consultation with the Councils, shall
promulgate regulations that create an expedited, uniform, and
regionally-based process to promote issuance, where
practicable, of experimental fishing permits.
``(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that
participation in a research project funded under this section
does not result in loss of a participant's catch history or
unexpended days-at-sea as part of a limited entry system.
``(f) Exempted Projects.--The procedures of this section
shall not apply to research funded by quota set-asides in a
fishery.''.
SEC. 205. HERRING STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section
204, is further amended by adding at the end the following:
``SEC. 318. HERRING STUDY.
``(a) In General.--The Secretary may conduct a cooperative
research program to study the issues of abundance,
distribution and the role of herring as forage fish for other
commercially important fish stocks in the Northwest Atlantic,
and the potential for local scale depletion from herring
harvesting and how it relates to other fisheries in the
Northwest Atlantic. In planning, designing, and implementing
this program, the Secretary shall engage multiple fisheries
sectors and stakeholder groups concerned with herring
management.
``(b) Report.--The Secretary shall present the final
results of this study to Congress within 3 months following
the completion of the study, and an interim report at the end
of fiscal year 2008.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated $2,000,000 for fiscal year 2007
through fiscal year 2009 to conduct this study.''.
SEC. 206. RESTORATION STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section
205, is further amended by adding at the end the following:
``SEC. 319. RESTORATION STUDY.
``(a) In General.--The Secretary may conduct a study to
update scientific information and protocols needed to improve
restoration techniques for a variety of coast habitat types
and synthesize the results in a format easily understandable
by restoration practitioners and local communities.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated $500,000 for fiscal year 2007
to conduct this study.''.
SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.
Section 111(b) of the Sustainable Fisheries Act (16 U.S.C.
1855 note) is amended--
(1) by striking ``and the Secretary of the Interior are''
in paragraph (1) and inserting ``is'';
(2) by striking ``not less than three and not more than
five'' in paragraph (1); and
(3) by striking paragraph (6) and inserting the following:
``(6) In this subsection the term `Western Pacific
community' means a community eligible to participate under
section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(i)(2)(B)(i) through (iv)).''.
SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.
(a) In General.--The Secretary shall establish and maintain
a fund, to be known as the ``Fisheries Conservation and
Management Fund'', which shall consist of amounts retained
and deposited into the Fund under subsection (c).
(b) Purposes.--Subject to the allocation of funds described
in subsection (d), amounts in the Fund shall be available to
the Secretary of Commerce, without appropriation or fiscal
year limitation, to disburse as described in subsection (e)
for--
(1) efforts to improve fishery harvest data collection
including--
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage through
the expanded use of electronic monitoring devices and
satellite tracking systems such as VMS on small vessels;
(2) cooperative fishery research and analysis, in
collaboration with fishery participants, academic
institutions, community residents, and other interested
parties;
(3) development of methods or new technologies to improve
the quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health
benefits and risks, including levels of contaminants and,
where feasible, the source of such contaminants;
(5) marketing of sustainable United States fishery
products, including consumer education regarding the health
or other benefits of wild fishery products harvested by
vessels of the United States; and
[[Page S6035]]
(6) providing financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
other Federal laws in pari materia.
(c) Deposits to the Fund.--
(1) Quota set-asides.--Any amount generated through quota
set-asides established by a Council under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) and designated by the Council for inclusion in
the Fishery Conservation and Management Fund, may be
deposited in the Fund.
(2) Other funds.--In addition to amounts received under
sections 311(e)(1)(G) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)(1)(G), and
amounts received pursuant to paragraph (1) of this
subsection, the Fishery Conservation and Management Fund may
also receive funds from--
(A) appropriations for the purposes of this section; and
(B) States or other public sources or private or non-profit
organizations for purposes of this section.
(d) Regional Allocation.--The Secretary shall, every 2
years, apportion monies from the Fund among the eight Council
regions according to consensus recommendations of the
Councils, based on regional priorities identified through the
Council process, except that no region shall receive less
than 5 percent of the Fund in each allocation period.
(e) Limitation on the Use of the Fund.--No amount made
available from the Fund may be used to defray the costs of
carrying out other requirements of this Act or the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL
CONSTRUCTION FUND FOR SUSTAINABLE PURPOSES.
(a) Purpose of Obligations.--Section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is
amended to read as follows:
``(7) financing or refinancing including,
``(A) the reimbursement of obligors for expenditures
previously made, for the purchase of individual fishing
quotas in accordance with section 303(d)(4) of the Magnuson-
Stevens Fishery Conservation and Management Act;
``(B) activities that assist in the transition to reduced
fishing capacity; or
``(C) technologies or upgrades designed to improve
collection and reporting of fishery-dependent data, to reduce
bycatch, to improve selectivity or reduce adverse impacts of
fishing gear, or to improve safety.''.
(b) Expansion of Purposes for Qualified Withdrawals.--
Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1177(f)(1)) is amended--
(1) by striking ``for:'' and inserting ``for--'';
(B) by striking ``vessel,'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B) and
inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the following:
``(D) in the case of any person for whose benefit the fund
was established and who participates in the fishing capacity
reduction program under section 312 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a)--
``(i) if such person remains in the fishery, the
satisfaction of any debt obligation undertaken pursuant to
such program; and
``(ii) if such person withdraws 1 or more vessels from the
fishery, the substitution of amounts the person would
otherwise receive under such program for such person's vessel
or permit to engage in the fishery;
``(E) the repair, maintenance, or upgrade of an eligible
vessel or its equipment for the purpose of--
``(i) making conservation engineering changes to reduce
bycatch, improve selectivity of fishing gear, or reduce
adverse impacts of fishing gear;
``(ii) improving vessel safety; or
``(iii) acquiring, installing, or upgrading equipment to
improve collection, reporting, or accuracy of fishery data;
or
``(F) the acquisition, construction, reconstruction,
upgrading, or investment in shoreside fishery-related
facilities or infrastructure in the United States for the
purpose of promoting United States ownership of fishery-
related facilities in the United States without contributing
to overcapacity in the sector.''.
SEC. 210. REGIONAL ECOSYSTEM RESEARCH.
Section 406 (16 U.S.C. 1882) is amended by adding at the
end the following:
``(f) Regional Ecosystem Research.--
``(1) Study.--Within 180 days after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2005, the Secretary, in consultation
with the Councils, shall undertake and complete a study on
the state of the science for advancing the concepts and
integration of ecosystem considerations in regional fishery
management. The study should build upon the recommendations
of the advisory panel and include--
``(A) recommendations for scientific data, information and
technology requirements for understanding ecosystem
processes, and methods for integrating such information from
a variety of federal, state, and regional sources;
``(B) recommendations for processes for incorporating broad
stake holder participation;
``(C) recommendations for processes to account for effects
of environmental variation on fish stocks and fisheries; and
``(D) a description of existing and developing council
efforts to implement ecosystem approaches, including lessons
learned by the councils.
``(2) Agency Technical Advice and Assistance, Regional
Pilot Programs.--The Secretary is authorized to provide
necessary technical advice and assistance, including grants,
to the Councils for the development and design of regional
pilot programs that build upon the recommendations of the
advisory panel and, when completed, the study.''.
SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at
the end the following:
``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary, in consultation with
appropriate regional fishery management councils and in
coordination with other federal agencies and educational
institutions, shall establish a program--
``(1) to identify existing research on, and known locations
of, deep sea corals and submit such information to the
appropriate Councils;
``(2) to locate and map locations of deep sea corals and
submit such information to the Councils;
``(3) to monitor activity in locations where deep sea
corals are known or likely to occur, based on best scientific
information available, including through underwater or remote
sensing technologies and submit such information to the
appropriate Councils;
``(4) to conduct research, including cooperative research
with fishing industry participants, on deep sea corals and
related species, and on survey methods;
``(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions
between fishing gear and deep sea corals; and
``(6) to prioritize program activities in areas where deep
sea corals are known to occur, and in areas where scientific
modeling or other methods predict deep sea corals are likely
to be present.
``(b) Reporting.--Beginning 1 year after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2005, the Secretary, in
consultation with the Councils, shall submit biennial reports
to Congress and the public on steps taken by the Secretary to
identify and monitor, and the Councils to protect, deep sea
coral areas, including summaries of the results of mapping,
research, and data collection performed under the program.''.
SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.
(a) In General.--The Undersecretary of Commerce for Oceans
and Atmosphere shall execute an agreement with the National
Academy of Sciences to conduct, jointly, a multi-year,
comprehensive in-water study designed--
(1) to measure accurately the efforts and effects of shrimp
fishery efforts to utilize turtle excluder devices;
(2) to analyze the impact of those efforts on sea turtle
mortality, including interaction between turtles and shrimp
trawlers in the inshore, nearshore, and offshore waters of
the Gulf of Mexico and similar geographical locations in the
waters of the Southeastern United States; and
(3) to evaluate innovative technologies to increase shrimp
retention in turtle excluder devices while ensuring the
protection of endangered and threatened sea turtles.
(b) Observers.--In conducting the study, the Undersecretary
shall ensure that observers are placed onboard commercial
shrimp fishing vessels where appropriate or necessary.
(c) Interim Reports.--During the course of the study and
until a final report is submitted to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources, the National Academy
of Sciences shall transmit interim reports to the Committees
biannually containing a summary of preliminary findings and
conclusions from the study.
SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES
AND HABITATS.
(a) Fisheries Report.--Within 180 days after the date of
enactment of this Act, the Secretary of Commerce shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources on the impact of Hurricane Katrina,
Hurricane Rita, and Hurricane Wilma on--
(1) commercial and recreational fisheries in the States of
Alabama, Louisiana, Florida, Mississippi, and Texas;
(2) shrimp fishing vessels in those States; and
(3) the oyster industry in those States.
(b) Habitat Report.--Within 180 days after the date of
enactment of this Act, the Secretary of Commerce shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources on the impact of Hurricane Katrina,
Hurricane Rita, and Hurricane Wilma on habitat, including the
habitat of shrimp and oysters in those States.
(c) Habitat Restoration.--The Secretary shall carry out
activities to restore fishery habitats, including the shrimp
and oyster habitats in Louisiana and Mississippi.
TITLE III--OTHER FISHERIES STATUTES
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.
(a) Civil Penalties.--Section 8(a) of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773f(a)) is amended--
(1) by striking ``$25,000'' and inserting ``$200,000'';
(2) by striking ``violation, the degree of culpability, and
history of prior offenses, ability to pay,'' in the fifth
sentence and inserting ``violator, the degree of culpability,
any history of prior offenses,''; and
(3) by adding at the end the following: ``In assessing such
penalty, the Secretary may also consider any information
provided by the violator relating to the ability of the
violator to pay
[[Page S6036]]
if the information is provided to the Secretary at least 30
days prior to an administrative hearing.''.
(b) Permit Sanctions.--Section 8 of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773f) is amended by adding at
the end the following:
``(e) Revocation or Suspension of Permit.--
``(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
``(A) a vessel has been used in the commission of any act
prohibited under section 7;
``(B) the owner or operator of a vessel or any other person
who has been issued or has applied for a permit under this
Act has acted in violation of section 7; or
``(C) any amount in settlement of a civil forfeiture
imposed on a vessel or other property, or any civil penalty
or criminal fine imposed on a vessel or owner or operator of
a vessel or any other person who has been issued or has
applied for a permit under any marine resource law enforced
by the Secretary has not been paid and is overdue.
``(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
``(A) revoke any permit issued with respect to such vessel
or person, with or without prejudice to the issuance of
subsequent permits;
``(B) suspend such permit for a period of time considered
by the Secretary to be appropriate;
``(C) deny such permit; or
``(D) impose additional conditions and restrictions on any
permit issued to or applied for by such vessel or person
under this Act and, with respect to any foreign fishing
vessel, on the approved application of the foreign nation
involved and on any permit issued under that application.
``(3) Factors To Be Considered.--In imposing a sanction
under this subsection, the Secretary shall take into
account--
``(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such other
matters as justice may require.
``(4) Transfers of ownership.--Transfer of ownership of a
vessel, a permit, or any interest in a permit, by sale or
otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel,
permit, or interest in a permit, by sale or otherwise, the
owner shall disclose in writing to the prospective transferee
the existence of any permit sanction that will be in effect
or pending with respect to the vessel, permit, or interest at
the time of the transfer.
``(5) Reinstatement.--In the case of any permit that is
suspended under this subsection for nonpayment of a civil
penalty, criminal fine, or any amount in settlement of a
civil forfeiture, the Secretary shall reinstate the permit
upon payment of the penalty, fine, or settlement amount and
interest thereon at the prevailing rate.
``(6) Hearing.--No sanction shall be imposed under this
subsection unless there has been prior opportunity for a
hearing on the facts underlying the violation for which the
sanction is imposed either in conjunction with a civil
penalty proceeding under this section or otherwise.
``(7) Permit defined.--In this subsection, the term
`permit' means any license, certificate, approval,
registration, charter, membership, exemption, or other form
of permission issued by the Commission or the Secretary, and
includes any quota share or other transferable quota issued
by the Secretary.''.
(c) Criminal Penalties.--Section 9(b) of the Northern
Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
(1) by striking ``$50,000'' and inserting ``$200,000''; and
(2) by striking ``$100,000,'' and inserting ``$400,000,''.
SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) Atlantic Striped Bass Conservation Act.--Section 7(a)
of the Atlantic Striped Bass Conservation Act (16 U.S.C.
5156(a)) is amended to read as follows:
``(a) Authorization.--For each of fiscal years 2006, 2007,
2008, 2009, and 2010, there are authorized to be appropriated
to carry out this Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the
Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by
striking ``$4,000,000 for each of fiscal years 2004 through
2008,'' and inserting ``$4,000,000 for each of fiscal years
2006 through 2010,''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark
Finning Prohibition Act (16 U.S.C. 1822 note) is amended by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2006 through 2010''.
(d) Pacific Salmon Treaty Act.--
(1) Transfer of section to act.--The text of section 623 of
title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on
November 17, 1999, and enacted into law by section 1000(a)(1)
of the Act of November 29, 1999 (Public Law 106-113)--
(A) is transferred to the Pacific Salmon Treaty Act (16
U.S.C. 3631 et seq.) and inserted after section 15; and
(B) amended--
(i) by striking ``Sec. 623.''; and
(ii) inserting before ``(a) Northern Fund and Southern
Fund.--'' the following:
``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY
IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF
APPROPRIATIONS.''.
(2) Technical correction.--The amendment made by the
Department of Commerce and Related Agencies Appropriations
Act, 2005 under the heading ``pacific coastal salmon
recovery'' (118 Stat. 2881), to section 628(2)(A) of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2001 is deemed to
have been made to section 623(d)(2)(A) of title VI of H.R.
3421 (113 Stat. 1501A-56), as introduced on November 17,
1999, enacted into law by section 1000(a)(1) of the Act of
November 29, 1999 (Public Law 106-113) instead of to such
section 628(2)(A), as of the date of enactment of the
Department of Commerce and Related Agencies Appropriations
Act, 2005.
(3) Reauthorization.--Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by subsection (a), is
amended--
(1) by inserting ``sustainable salmon fisheries,'' after
``enhancement,''; and
(2) by inserting ``2006, 2007, 2008, and 2009,'' after
``2005,''.
(e) State Authority for Dungeness Crab Fishery
Management.--Section 203 of Public Law 105-384 (16 U.S.C.
1856 note) is amended--
(1) by striking ``September 30, 2006.'' in subsection (i)
and inserting ``September 30, 2016.'';
(2) by striking ``health'' in subsection (j) and inserting
``status''; and
(3) by striking ``California.'' in subsection (j) and
inserting ``California, including--
``(1) stock status and trends throughout its range;
``(2) a description of applicable research and scientific
review processes used to determine stock status and trends;
and
``(3) measures implemented or planned that are designed to
prevent or end overfishing in the fishery.''.
TITLE IV--INTERNATIONAL
SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.
Title II (16 U.S.C. 1821 et seq.) is amended by adding at
the end the following:
``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.
``(a) In General.--The Secretary may undertake activities
to promote improved monitoring and compliance for high seas
fisheries, or fisheries governed by international fishery
management agreements, and to implement the requirements of
this title.
``(b) Specific Authorities.--In carrying out subsection
(a), the Secretary may--
``(1) share information on harvesting and processing
capacity and illegal, unreported and unregulated fishing on
the high seas, in areas covered by international fishery
management agreements, and by vessels of other nations within
the United States exclusive economic zone, with relevant law
enforcement organizations of foreign nations and relevant
international organizations;
``(2) further develop real time information sharing
capabilities, particularly on harvesting and processing
capacity and illegal, unreported and unregulated fishing;
``(3) participate in global and regional efforts to build
an international network for monitoring, control, and
surveillance of high seas fishing and fishing under regional
or global agreements;
``(4) support efforts to create an international registry
or database of fishing vessels, including by building on or
enhancing registries developed by international fishery
management organizations;
``(5) enhance enforcement capabilities through the
application of commercial or governmental remote sensing
technology to locate or identify vessels engaged in illegal,
unreported, or unregulated fishing on the high seas,
including encroachments into the exclusive economic zone by
fishing vessels of other nations;
``(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and
surveillance capabilities; and
``(7) support coordinated international efforts to ensure
that all large-scale fishing vessels operating on the high
seas are required by their flag State to be fitted with
vessel monitoring systems no later than December 31, 2008, or
earlier if so decided by the relevant flag State or any
relevant international fishery management organization.''.
SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND
UNREGULATED FISHING.
Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3
of this Act, is further amended by adding at the end the
following:
``(12) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other
fishing practices which may harm the sustainability of living
marine resources and disadvantage the United States fishing
industry.''.
SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED
FISHING AND REDUCE BYCATCH OF PROTECTED MARINE
SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is
amended by adding at the end the following:
``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
``The Secretary, in consultation with the Secretary of
State, shall provide to Congress, by not later than 2 years
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005, and
every 2 years thereafter, a report that includes--
``(1) the state of knowledge on the status of international
living marine resources, including a list of all fish stocks
classified as overfished, overexploited, depleted,
endangered, or threatened with extinction by any
international or other authority charged with management or
conservation of living marine resources;
[[Page S6037]]
``(2) a list of nations whose vessels have been identified
under sections 609(a) or 610(a), including the specific
offending activities and any subsequent actions taken
pursuant to section 609 or 610;
``(3) a description of efforts taken by nations on those
lists to comply with the provisions of sections 609 and 610,
and an evaluation of the progress of those efforts, including
steps taken by the United States to implement those sections
and to improve international compliance;
``(4) progress at the international level, pursuant to
section 608, to strengthen the efforts of international
fishery management organizations to end illegal, unreported,
or unregulated fishing; and
``(5) a plan of action for ensuring the conclusion and
entry into force of international measures comparable to
those of the United States to reduce impacts of fishing and
other practices on protected living marine resources, if no
international agreement to achieve such goal exists, or if
the relevant international fishery or conservation
organization has failed to implement effective measures to
end or reduce the adverse impacts of fishing practices on
such species.
``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY
MANAGEMENT ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of
State, and in cooperation with relevant fishery management
councils, shall take actions to improve the effectiveness of
international fishery management organizations in conserving
and managing fish stocks under their jurisdiction. These
actions shall include--
``(1) urging international fishery management organizations
to which the United States is a member--
``(A) to incorporate multilateral sanctions against member
or nonmember governments whose vessels engage in illegal,
unreported, or unregulated fishing;
``(B) to seek adoption of lists that identify fishing
vessels engaged in illegal, unreported, or unregulated
fishing, including authorized (green) and unauthorized (red)
vessel lists, that can be shared among all members and other
international fishery management organizations;
``(C) to seek international adoption of a centralized
vessel monitoring system with an independent secretariat in
order to monitor and document capacity in fleets of all
nations involved in fishing in areas under the an
international fishery management organization's jurisdiction;
``(D) to increase use of observers and technologies needed
to monitor compliance with conservation and management
measures established by the organization, including vessel
monitoring systems and automatic identification systems; and
``(E) to seek adoption of greater port state controls in
all nations, particularly those nations whose vessels engage
in illegal, unreported, or unregulated fishing;
``(2) urging international fishery management organizations
to which the United States is a member, as well as all
members of those organizations, to adopt and expand the use
of market-related measures to combat illegal, unreported, or
unregulated fishing, including--
``(A) import prohibitions, landing restrictions, or other
market-based measures needed to enforce compliance with
international fishery management organization measures, such
as quotas and catch limits;
``(B) import restrictions or other market-based measures to
prevent the trade or importation of fish caught by vessels
identified multilaterally as engaging in illegal, unreported,
or unregulated fishing; and
``(C) catch documentation and certification schemes to
improve tracking and identification of catch of vessels
engaged in illegal, unreported, or unregulated fishing,
including advance transmission of catch documents to ports of
entry; and
``(3) urging other nations at bilateral, regional, and
international levels, including the Convention on
International Trade in Endangered Species of Fauna and Flora
and the World Trade Organization to take all steps necessary,
consistent with international law, to adopt measures and
policies that will prevent fish or other living marine
resources harvested by vessels engaged in illegal,
unreported, or unregulated fishing from being traded or
imported into their nation or territories.
``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
``(a) Identification.--The Secretary shall identify, and
list in the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in illegal,
unreported, or unregulated fishing; and
``(2) the relevant international fishery management
organization has failed to implement effective measures to
end the illegal unreported, or unregulated fishing activity
by vessels of that nation or the nation is not a party to, or
does not maintain cooperating status with, such organization,
or where no international fishery management organization
exists.
``(b) Notification.--An identification under subsection (a)
or section 610(a) is deemed to be an identification under
section 101(b)(1)(A) of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary
shall notify the President and that nation of such
identification.
``(c) Consultation.--No later than 60 days after submitting
a report to Congress under section 607, the Secretary, in
consultation with the Secretary of State, shall--
``(1) notify nations listed in the report of the
requirements of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels
identified in the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, and including
notice and an opportunity for comment by the governments of
any nation listed by the Secretary under subsection (a), for
determining if that government has taken appropriate
corrective action with respect to the offending activities of
its fishing vessels identified in the report under section
607. The Secretary shall determine, on the basis of the
procedure, and certify to the Congress no later than 90 days
after the date on which the Secretary promulgates a final
rule containing the procedure, and biennially thereafter in
the report under section 607--
``(A) whether the government of each nation identified
under subsection (b) has provided documentary evidence that
it has taken corrective action with respect to the offending
activities of its fishing vessels identified in the report;
or
``(B) whether the relevant international fishery management
organization has implemented measures that are effective in
ending the illegal, unreported, or unregulated fishing
activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that--
``(A) the vessel has not engaged in illegal, unreported, or
unregulated fishing under an international fishery management
agreement to which the United States is a party; or
``(B) the vessel is not identified by an international
fishery management organization as participating in illegal,
unreported, or unregulated fishing activities.
``(3) Effect of certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) shall apply to any nation
identified under subsection (a) that has not been certified
by the Secretary under this subsection, or for which the
Secretary has issued a negative certification under this
subsection, but shall not apply to any nation identified
under subsection (a) for which the Secretary has issued a
positive certification under this subsection.
``(e) Illegal, Unreported, or Unregulated Fishing
Defined.--
``(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning
established under paragraph (2).
``(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2005, the Secretary shall publish a
definition of the term `illegal, unreported, or unregulated
fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation and
management measures required under an international fishery
management agreement to which the United States is a party,
including catch limits or quotas, capacity restrictions, and
bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the United
States, for which there are no applicable international
conservation or management measures or in areas with no
applicable international fishery management organization or
agreement, that has adverse impacts on such stocks; and
``(C) fishing activity, including bottom trawling, that
have adverse impacts on seamounts, hydrothermal vents, and
cold water corals located beyond national jurisdiction, for
which there are no applicable conservation or management
measures or in areas with no applicable international fishery
management organization or agreement.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for fiscal
years 2006 through 2012 such sums as are necessary to carry
out this section.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and
list in the report under section 607, a nation if--
``(A) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices beyond the exclusive economic zone
that result in bycatch of a protected living marine resource;
``(2) the relevant international organization for the
conservation and protection of such species or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce the impacts of
the fishing practices of the nation's vessels on such
species, or the nation is not a party to, or does not
maintain cooperating status with, such organization; and
``(3) the nation has not adopted a regulatory program
governing such fishing practices and associated bycatch of
protected living marine resources that are comparable to
those of the United States, taking into account different
conditions.
``(b) Consultation and Negotiation.--The Secretary, acting
through the Secretary of State, shall--
``(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices described
in subsection (a), about the requirements of this section and
this Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged
[[Page S6038]]
in, fishing activities or practices described in subsection
(a), for the purpose of entering into bilateral and
multilateral treaties with such countries to protect such
species;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such
treaty consistent with the purposes and policies of this
section.
``(c) Conservation Certification Procedure.--
``(1) Certification.--The Secretary shall determine, on the
basis of a procedure consistent with the provisions of
subchapter II of chapter 5 of title 5, United States Code,
and including notice and an opportunity for comment by the
governments of any nation identified by the Secretary under
subsection (a). The Secretary shall certify to the Congress
by January 31, 2007, and annually thereafter whether the
government of each harvesting nation--
``(A) has provided documentary evidence of the adoption of
a regulatory program governing the conservation of the
protected living marine resource, including measures to
ensure maximum probability for survival after release, that
is comparable to that of the United States, taking into
account different conditions, and which, in the case of
pelagic longline fishing, includes mandatory use of circle
hooks, careful handling and release equipment, and training
and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-specific
data to support international stock assessments and
conservation enforcement efforts for protected living marine
resources.
``(2) Alternative procedure.--The Secretary shall establish
a procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of fish or fish products
from a vessel of a harvesting nation not certified under
paragraph (1) if the Secretary determines that such imports
were harvested by practices that do not result in bycatch of
a protected marine species, or were harvested by practices
that--
``(A) are comparable to those of the United States, taking
into account different conditions, and which, in the case of
pelagic longline fishing, includes mandatory use of circle
hooks, careful handling and release equipment, and training
and observer programs; and
``(B) include the gathering of species specific data that
can be used to support international and regional stock
assessments and conservation efforts for protected living
marine resources.
``(3) Effect of Certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) shall apply to any nation
identified under subsection (a) that has not been certified
by the Secretary under this subsection, or for which the
Secretary has issued a negative certification under this
subsection, but shall not apply to any nation identified
under subsection (a) for which the Secretary has issued a
positive certification under this subsection.
``(d) International Cooperation and Assistance.--To the
greatest extent possible consistent with existing authority
and the availability of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist
those nations in qualifying for certification under
subsection (c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c);
and
``(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting
plans.
``(e) Protected Living Marine Resource Defined.--In this
section the term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine mammals
occurring in areas beyond United States jurisdiction that are
protected under United States law or international agreement,
including the Marine Mammal Protection Act, the Endangered
Species Act, the Shark Finning Prohibition Act, and the
Convention on International Trade in Endangered Species of
Wild Flora and Fauna; but
``(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and
Management Act, the Atlantic Tunas Convention Act, or any
international fishery management agreement.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for fiscal
years 2006 through 2012 such sums as are necessary to carry
out this section.``.
(b) Conforming Amendments.--
(1) Denial of port privileges.--Section 101(b) of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b))
is amended by inserting ``or illegal, unreported, or
unregulated fishing`` after ``fishing`` in paragraph
(1)(A)(i), paragraph (1)(B), paragraph (2), and paragraph
(4)(A)(i).
(2) Duration of denial.--Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is
amended by inserting ``or illegal, unreported , or
unregulated fishing`` after ``fishing``.
SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ``that is at least
equal in effectiveness to the program established by the
Secretary;'' and inserting ``or other monitoring program that
the Secretary, in consultation with the Western Pacific
Management Council, determines is adequate to monitor
harvest, bycatch, and compliance with the laws of the United
States by vessels fishing under the agreement;''.
(b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16
U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:
``(i) Pacific Insular Area observer programs, or other
monitoring programs, that the Secretary determines are
adequate to monitor the harvest, bycatch, and compliance with
the laws of the United States by foreign fishing vessels that
fish under Pacific Insular Area fishing agreements;''.
SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.
(a) In General.--Section 10 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971h) is amended to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this Act, including use for
payment of the United States share of the joint expenses of
the Commission as provided in Article X of the Convention--
``(1) $5,495,000 for fiscal year 2006;
``(2) $5,770,000 for each of fiscal years 2007 and 2008;
``(3) $6,058,000 for each of fiscal years 2009 and 2010;
and
``(4) $6,631,000 for each of fiscal years 2011 and 2012.
``(b) Allocation.--Of the amounts made available under
subsection (a) for each fiscal year--
``(1) $160,000 are authorized for the advisory committee
established under section 4 of this Act and the species
working groups established under section 4A of this Act; and
``(2) $7,500,000 are authorized for research activities
under this Act and section 3 of Public Law 96-339 (16 U.S.C.
971i), of which $3,000,000 shall be for the cooperative
research program under section 3(b)(2)(H) of that section (16
U.S.C. 971i(b)(2)(H).''.
(b) Atlantic Billfish Cooperative Research Program.--
Section 3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2))
is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(G);
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following:
``(H) include a cooperative research program on Atlantic
billfish based on the Southeast Fisheries Science Center
Atlantic Billfish Research Plan of 2002; and''.
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) Rebuilding Overfished Fisheries.--Section 304(e) (16
U.S.C. 1854(e)) is amended by adding at the end thereof the
following:
``(8) The provisions of this paragraph shall apply in lieu
of paragraphs (2) through (7) of this subsection to a fishery
that the Secretary determines is overfished or approaching a
condition of being overfished due to excessive international
fishing pressure, and for which there are no management
measures to end overfishing under an international agreement
to which the United States is a party. For such fisheries--
``(A) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the
international level to end the overfishing; and
``(B) within 1 year after the Secretary's determination,
the appropriate Council, or Secretary, for fisheries under
section 302(a)(3) shall--
``(i) develop recommendations for domestic regulations to
address the relative impact of fishing vessels of the United
States on the stock and, if developed by a Council, the
Council shall submit such recommendations to the Secretary;
and
``(ii) develop and submit recommendations to the Secretary
of State, and to the Congress, for international actions that
will end overfishing in the fishery and rebuild the affected
stocks, taking into account the relative impact of vessels of
other nations and vessels of the United States on the
relevant stock.''.
(b) Highly Migratory Species Tagging Research.--Section
304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking ``(16
U.S.C. 971d)'' and inserting ``(16 U.S.C. 971d), or highly
migratory species harvested in a commercial fishery managed
by a Council under this Act or the Western and Central
Pacific Fisheries Convention Implementation Act,''.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Western and Central
Pacific Fisheries Convention Implementation Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) 1982 convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) Agreement.--The term ``Agreement'' means the Agreement
for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific
Ocean established in accordance with this Convention.
[[Page S6039]]
(4) Convention area.--The term ``convention area'' means
all waters of the Pacific Ocean bounded to the south and to
the east by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th
parallel of south latitude to its intersection with the 150th
meridian of east longitude; thence due south along the 150th
meridian of east longitude to its intersection with the 60th
parallel of south latitude; thence due east along the 60th
parallel of south latitude to its intersection with the 130th
meridian of west longitude; thence due north along the 130th
meridian of west longitude to its intersection with the 4th
parallel of south latitude; thence due west along the 4th
parallel of south latitude to its intersection with the 150th
meridian of west longitude; thence due north along the 150th
meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential
Proclamation Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means:
(A) searching for, catching, taking, or harvesting fish.
(B) attempting to search for, catch, take, or harvest fish.
(C) engaging in any other activity which can reasonably be
expected to result in the locating, catching, taking, or
harvesting of fish for any purpose.
(D) placing, searching for, or recovering fish aggregating
devices or associated electronic equipment such as radio
beacons.
(E) any operations at sea directly in support of, or in
preparation for, any activity described in subparagraphs (A)
through (D), including transshipment.
(F) use of any other vessel, vehicle, aircraft, or
hovercraft, for any activity described in subparagraphs (A)
through (E) except for emergencies involving the health and
safety of the crew or the safety of a vessel.
(7) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended for use for the purpose of fishing,
including support ships, carrier vessels, and any other
vessel directly involved in such fishing operations.
(8) Highly migratory fish stocks.--The term ``highly
migratory fish stocks'' means all fish stocks of the species
listed in Annex 1 of the 1982 Convention occurring in the
Convention Area, and such other species of fish as the
Commission may determine.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, and any other commonwealth, territory, or possession of
the United States.
(11) Transhipment.--The term ``transshipment'' means the
unloading of all or any of the fish on board a fishing vessel
to another fishing vessel either at sea or in port.
(12) WCPCF convention; western and central pacific
convention.--The terms ``WCPCF Convention'' and ``Western and
Central Pacific Convention'' means the Convention on the
Conservation and Management of the Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean, with
Annexes, which was adopted at Honolulu, Hawaii, on September
5, 2000, by the Multilateral High Level Conference on the
Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean.
SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.
(a) In General.--The United States shall be represented on
the Commission by 5 United States Commissioners. The
President shall appoint individuals to serve on the
Commission at the pleasure of the President. In making the
appointments, the President shall select Commissioners from
among individuals who are knowledgeable or experienced
concerning highly migratory fish stocks in the Western and
Central Pacific Ocean, one of whom shall be an officer or
employee of the Department of Commerce, and one of whom shall
be the chairman or a member of the Western Pacific Fishery
Management Council. The Commissioners shall be entitled to
adopt such rules of procedures as they find necessary and to
select a chairman from among members who are officers or
employees of the United States Government.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to
time and for periods of time deemed appropriate Alternate
United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise at any meeting of the
Commission, Council, any Panel, or the advisory committee
established pursuant to subsection (d), all powers and duties
of a United States Commissioner in the absence of any
Commissioner appointed pursuant to subsection (a) of this
section for whatever reason. The number of such Alternate
United States Commissioners that may be designated for any
such meeting shall be limited to the number of United States
Commissioners appointed pursuant to subsection (a) of this
section who will not be present at such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal
employees while performing such service, only for purposes
of--
(A) injury compensation under chapter 81 of title 5, United
States Code;
(B) tort claims liability as provided under chapter 171 of
title 28 United States Code;
(C) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States
Code; and
(D) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the United
States while so serving, shall receive no compensation for
their services as such Commissioners or Alternate
Commissioners.
(3) Travel expenses.--
(A) The Secretary of State shall pay the necessary travel
expenses of United States Commissioners and Alternate United
States Commissioners in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and
5731 of title 5, United States Code.
(B) The Secretary may reimburse the Secretary of State for
amounts expended by the Secretary of State under this
subsection.
(d) Advisory Committees.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory committee
which shall be composed of--
(i) not less than 15 nor more than 20 individuals appointed
by the United States Commissioners who shall select such
individuals from the various groups concerned with the
fisheries covered by the WCPFC Convention, providing, to the
maximum extent practicable, an equitable balance among such
groups;
(ii) the chair of the Western Pacific Fishery Management
Council's Advisory Committee or the chair's designee; and
(iii) officials of the fisheries management authorities of
American Samoa, Guam, and the Northern Mariana Islands (or
their designees).
(B) Terms and privileges.--Each member of the advisory
committee appointed under subparagraph (A) shall serve for a
term of 2 years and shall be eligible for reappointment.
Members of the advisory committee may attend all public
meetings of the Commission, Council, or any Panel and any
other meetings to which they are invited by the Commission,
Council, or any Panel. The advisory committee shall be
invited to attend all non-executive meetings of the United
States Commissioners and at such meetings shall be given
opportunity to examine and to be heard on all proposed
programs of investigation, reports, recommendations, and
regulations of the Commission.
(C) Procedures.--The advisory committee established by
subparagraph (A) shall determine its organization, and
prescribe its practices and procedures for carrying out its
functions under this chapter, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
the WCPFC Convention. The advisory committee shall publish
and make available to the public a statement of its
organization, practices, and procedures. A majority of the
members of the advisory committee shall constitute a quorum,
but one or more such members designated by the advisory
committee may hold meetings to provide for public
participation and to discuss measures relating to the United
States implementation of Commission recommendations. Meetings
of the advisory committee, except when in executive session,
shall be open to the public, and prior notice of meetings
shall be made public in a timely fashion. and the advisory
committee shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(D) Provision of information.--The Secretary and the
Secretary of State shall furnish the advisory committee with
relevant information concerning fisheries and international
fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide to
advisory committees in a timely manner such administrative
and technical support services as are necessary for their
effective functioning.
(B) Compensation; status; expenses.--Individuals appointed
to serve as a member of an advisory committee--
(i) shall serve without pay, but while away from their
homes or regular places of business in the performance of
services for the advisory committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code; and
(ii) shall not be considered Federal employees by reason of
their service as members of an advisory committee, except for
purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.
(f) Memorandum of Understanding.--For highly migratory
species in the Pacific, the Secretary, in coordination with
the Secretary of State, shall develop a memorandum of
understanding with the Western Pacific, Pacific, and North
Pacific Fishery Management Councils, that specifies the role
of the relevant Council or Councils with respect to--
(1) participation in United States delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States
delegation for presentation to the appropriate international
fishery organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)
SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.
The Secretary of State may--
[[Page S6040]]
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary and the United
States Commissioners, approve, disapprove, object to, or
withdraw objections to bylaws and rules, or amendments
thereof, adopted by the WCPFC Commission, and, with the
concurrence of the Secretary to approve or disapprove the
general annual program of the WCPFC Commission with respect
to conservation and management measures and other measures
proposed or adopted in accordance with the WCPFC Convention;
and
(3) act upon, or refer to other appropriate authority, any
communication referred to in paragraph (1).
SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--The Secretary, in
consultation with the Secretary of the Department in which
the Coast Guard is operating and the appropriate Regional
Fishery Management Council, shall promulgate such regulations
as may be necessary to carry out the United States
international obligations under the WCPFC Convention and this
title. The Secretary shall promulgate such regulations in
accordance with the procedures established by the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(b) Additions to Fishery Regimes and Regulations.--The
Secretary may promulgate regulations applicable to nationals
or vessels of the United States, or both, which are in
addition to, and not in conflict with, fishery conservation
and management measures and regulations adopted under the
WCPFC Convention.
SEC. 506. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title, including enforcement of any such
regulations within the boundaries of any State bordering on
the convention area;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in--
(A) the administration and enforcement of this title; and
(B) the conduct of scientific, research, and other programs
under this title;
(3) conduct fishing operations and biological experiments
for purposes of scientific investigation or other purposes
necessary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may
be necessary to implement the WCPFC Convention, subject to
sections 552 and 552a of title 5, United States Code, and
section 402(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1881a(b));
(5) assess and collect fees to recover the costs of
implementing and enforcing this title, policy and rulemaking
activities, user information services, international
activities under this title, and the costs to the United
States of enforcing the WCPFC Convention, which shall be
deposited as an offsetting collection in, and credited to,
the account providing appropriations to carry out the
functions of the Secretary under this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United
States Exclusive Economic Zone.
(b) Prohibited Acts.--It is unlawful for any person to
violate any provision of this title or the regulations
promulgated under this title.
(c) Actions by the Secretary.--The Secretary shall prevent
any person from violating this title in the same manner, by
the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1857) were incorporated into and made a part of this
title. Any person that violates any provision of this title
is subject to the penalties and entitled to the privileges
and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties
as though all applicable terms and provisions of that Act
were incorporated into and made a part of this title.
SEC. 507. PENALTIES.
This title shall be enforced by the Secretary as if a
violation of this title or of any regulation promulgated by
the Commission under this title were a violation of section
307 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857).
SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The United States Commissioners, through the
Secretary of State and with the concurrence of the Secretary,
institution, or organization concerned, may arrange for the
cooperation of Federal agencies and of State and private
institutions and organizations in carrying out
responsibilities under the WCPFC Convention.
(b) Scientific and Other Programs; Facilities and
Personnel.--All Federal agencies are authorized, upon the
request of the Secretary of Commerce Commission, to cooperate
in the conduct of scientific and other programs and to
furnish facilities and personnel for the purpose of assisting
the Commission in carrying out its duties under the WCPFC
Convention.
SEC. 509. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the
Commission and its subsidiary bodies by American Samoa, Guam,
and the Northern Mariana Islands to the same extent provided
to the territories of other nations.
SEC. 510. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out this
title and to pay the United States' contribution to the
Commission under section 5 of part III of the WCPFC
Convention.
TITLE VI--PACIFIC WHITING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Pacific Whiting Act of
2005''.
SEC. 602. DEFINITIONS.
In this title:
(1) Advisory panel.--The term ``advisory panel'' means the
Advisory Panel on Pacific Hake/Whiting established by the
Agreement.
(2) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States and the
Government of Canada on Pacific Hake/Whiting, signed at
Seattle, Washington, on November 21, 2003.
(3) Catch.--The term ``catch'' means all fishery removals
from the offshore whiting resource, including landings,
discards, and bycatch in other fisheries.
(4) Joint management committee.--The term ``joint
management committee'' means the joint management committee
established by the Agreement.
(5) Joint technical committee.--The term ``joint technical
committee'' means the joint technical committee established
by the Agreement.
(6) Offshore whiting resource.--The term ``offshore whiting
resource'' means the transboundary stock of Merluccius
productus that is located in the offshore waters of the
United States and Canada except in Puget Sound and the Strait
of Georgia.
(7) Scientific review group.--The term ``scientific review
group'' means the scientific review group established by the
Agreement.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) United states section.--The term ``United States
Section'' means the United States representatives on the
joint management committee.
SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT
COMMITTEE.
(a) Representatives.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent
the United States as the United States Section on the joint
management committee. In making the appointments, the
Secretary shall select representatives from among individuals
who are knowledgeable or experienced concerning the offshore
whiting resource. Of these--
(A) 1 shall be an official of the National Oceanic and
Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery Management
Council, appointed with consideration given to any
recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by the
treaty Indian tribes with treaty fishing rights to the
offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector of the
whiting fishing industry concerned with the offshore whiting
resource.
(2) Term of office.--Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed 4
years, except that, of the initial appointments, 2
representatives shall be appointed for terms of 2 years. Any
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term. A representative may be appointed for a term of less
than 4 years if such term is necessary to ensure that the
term of office of not more than 2 representatives will expire
in any single year. An individual appointed to serve as a
representative is eligible for reappointment.
(3) Chair.--Unless otherwise agreed by all of the 4
representatives, the chair shall rotate annually among the 4
members, with the order of rotation determined by lot at the
first meeting.
(b) Alternate Representatives.--The Secretary, in
consultation with the Secretary of State, may designate
alternate representatives of the United States to serve on
the joint management committee. An alternative representative
may exercise, at any meeting of the committee, all the powers
and duties of a representative in the absence of a duly
designated representative for whatever reason.
SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC
REVIEW GROUP.
(a) In General.--The Secretary, in consultation with the
Secretary of State, shall appoint no more than 2 scientific
experts to serve on the scientific review group. An
individual shall not be eligible to serve on the scientific
review group while serving on the joint technical committee.
(b) Term.--An individual appointed under subsection (a)
shall be appointed for a term of not to exceed 4 years, but
shall be eligible for reappointment. An individual appointed
to fill a vacancy occurring prior to the expiration of a term
of office of that individual's predecessor shall be appointed
to serve for the remainder of that term.
(c) Joint Appointments.--In addition to individuals
appointed under subsection (a), the Secretary, jointly with
the Government of Canada, may appoint to the scientific
review group, from a list of names provided by the advisory
panel--
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL
COMMITTEE.
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint
[[Page S6041]]
at least 6 but not more than 12 individuals to serve as
scientific experts on the joint technical committee, at least
1 of whom shall be an official of the National Oceanic and
Atmospheric Administration.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed
4 years, but shall be eligible for reappointment. An
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term.
(b) Independent Member.--In addition to individuals
appointed under subsection (a), the Secretary, jointly with
the Government of Canada, shall appoint 1 independent member
to the joint technical committee selected from a list of
names provided by the advisory panel.
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.
(a) In General.--
(1) Appointment.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more
than 12 individuals to serve as members of the advisory
panel, selected from among individuals who are--
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or research
of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed
4 years, but shall be eligible for reappointment. An
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term.
SEC. 607. RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary is responsible for carrying
out the Agreement and this title, including the authority, to
be exercised in consultation with the Secretary of State, to
accept or reject, on behalf of the United States,
recommendations made by the joint management committee.
(b) Regulations; Cooperation With Canadian Officials.--In
exercising responsibilities under this title, the Secretary--
(1) may promulgate such regulations as may be necessary to
carry out the purposes and objectives of the Agreement and
this title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 608. RULEMAKING.
(a) Application With Magnuson-Stevens Act.--The Secretary
shall establish the United States catch level for Pacific
whiting according to the standards and procedures of the
Agreement and this title rather than under the standards and
procedures of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), except to the extent
necessary to address the rebuilding needs of other species.
Except for establishing the catch level, all other aspects of
Pacific whiting management shall be--
(1) subject to the Magnuson-Stevens Fishery Conservation
and Management Act; and
(2) consistent with this title.
(b) Joint Management Committee Recommendations.--For any
year in which both parties to the Agreement approve
recommendations made by the joint management committee with
respect to the catch level, the Secretary shall implement the
approved recommendations. Any regulation promulgated by the
Secretary to implement any such recommendation shall apply,
as necessary, to all persons and all vessels subject to the
jurisdiction of the United States wherever located.
(c) Years With No Approved Catch Recommendations.--If the
parties to the Agreement do not approve the joint management
committee's recommendation with respect to the catch level
for any year, the Secretary shall establish the total
allowable catch for Pacific whiting for the United States
catch. In establishing the total allowable catch under this
subsection, the Secretary shall--
(1) take into account any recommendations from the Pacific
Fishery Management Council, the joint management committee,
the joint technical committee, the scientific review group,
and the advisory panel;
(2) base the total allowable catch on the best scientific
information available;
(3) use the default harvest rate set out in paragraph 1 of
Article III of the Agreement unless the Secretary determines
that the scientific evidence demonstrates that a different
rate is necessary to sustain the offshore whiting resource;
and
(4) establish the United State's share of the total
allowable catch based on paragraph 2 of Article III of the
Agreement and make any adjustments necessary under section 5
of Article II of the Agreement.
SEC. 609. ADMINISTRATIVE MATTERS.
(a) Employment Status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal
employees while performing such service, only for purposes
of--
(1) injury compensation under chapter 81 of title 5, United
States Code;
(2) tort claims liability as provided under chapter 171 of
title 28 United States Code;
(3) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States
Code; and
(4) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2), an
individual appointed under this title shall receive no
compensation for the individual's service as a
representative, alternate representative, scientific expert,
or advisory panel member under this title.
(2) Scientific review group.--Notwithstanding paragraph
(1), the Secretary may employ and fix the compensation of an
individual appointed under section 604(a) to serve as a
scientific expert on the scientific review group who is not
employed by the United States Government, a State government,
or an Indian tribal government in accordance with section
3109 of title 5, United States Code.
(c) Travel Expenses.--Except as provided in subsection (d),
the Secretary shall pay the necessary travel expenses of
individuals appointed under this title in accordance with the
Federal Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent
members of the scientific review group and the 2 public
advisors to the scientific review group jointly appointed
under section 604(c), and the 1 independent member to the
joint technical committee jointly appointed under section
605(b), the Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
SEC. 610. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in the
administration and enforcement of this title; and
(3) collect, utilize, and disclose such information as may
be necessary to implement the Agreement and this title,
subject to sections 552 and 552a of title 5, United States
Code.
(b) Prohibited Acts.--It is unlawful for any person to
violate any provision of this title or the regulations
promulgated under this title.
(c) Actions by the Secretary.--The Secretary shall prevent
any person from violating this title in the same manner, by
the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1857) were incorporated into and made a part of this
title. Any person that violates any provision of this title
is subject to the penalties and entitled to the privileges
and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties
as though all applicable terms and provisions of that Act
were incorporated into and made a part of this title.
(d) Penalties.--This title shall be enforced by the
Secretary as if a violation of this title or of any
regulation promulgated by the Secretary under this title were
a violation of section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857).
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
such sums as may be necessary to carry out the obligations of
the United States under the Agreement and this title.
CDQ PROGRAM
Mrs. MURRAY. Mr. Presdient, as part of the conference report on the
Coast Guard and Maritime Transportation Act of 2006, which is expected
to be passed by the Senate shortly, there is a provision in section 416
that amends section 305(i) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1855(i)), which authorizes the Western
Pacific Community Development Quota (CDQ) Program for fisheries of the
Bering Sea and Aleutian Islands (BS/AI).
Mr. STEVENS. That is correct. Section 416 provides more specific
authorities and direction concerning the operations and fishing
allocations to and among CDQ groups, in accordance with the
recommendations of a Blue Ribbon panel established by the Governor of
Alaska.
Mrs. MURRAY. I am familiar with this program, which originated in the
North Pacific Fishery Management Council in 1992, and I support its
goals of providing economic opportunities for rural coastal communities
in Western Alaska. It is my understanding that section 416 ensures the
CDQ groups will continue to receive the same annual percentage
allocations as they do now under existing Federal law, and that it
would preserve existing treatment of such allocations--consisting of a
directed fishing allowance if that is the current law, i.e., the BS/AI
pollock fishery, or including both directed and non-target fishing in
fisheries where that is the current practice. Is that correct, Senator
Stevens?
Mr. STEVENS. Yes, that is correct. Are you concerned about those
provisions?
Mrs. MURRAY. No, my concerns relate to Section 416's amendment to
[[Page S6042]]
MSA section 305(i)(1)(B), which would increase CDQ group allocations
for certain BS/AI groundfish fisheries, including Pacific cod,
mackerel, and flatfish species, from 7.5 percent to 10 percent, and
treat this allocation as a directed fishing allowance, which does not
include incidental catch. All allocations in these fisheries, including
the CDQ allocations, are currently-managed as total quotas, not as
directed fishing allowances, which obliges all participants to keep
both the directed and incidenteal catch within a ``hard cap.'' Did you
intend to change the current manner in which the council sets CDQ
allocations in these fisheries, from a hard cap allocation to a
directed fishing allowance allocation?
Mr. STEVENS. Yes, we wanted to create the same approach for these
groundfish fisheries that we created legislatively for pollock.
However, these allocations would become effective only upon the
establishment of a quota program, fishing cooperative, sector
allocation or rationalization program in the fishery, and the intent is
to ensure that management measures apply equally to both CDQ and non-
CDQ groups. With respect to application of this section to the Pacific
cod fishery, however, the new CDQ allocations under section 416 are not
intended to take effect until full rationalization of that fishery, or
January 1, 2009, whichever date is earlier.
Mrs. MURRAY. We are both justifiably proud of the success of the
pollock cooperatives established under the American Fisheries Act, AFA,
and particularly their low bycatch rates. However, it is my
understanding from speaking with NOAA and council staff that making
this directed fishing allowance in statute for the CDQ portion of these
other BS/AI groundfish fisheries would deprive the council of its
current authority to limit incidental catch associated with these
allocations, although it would retain such authority for the non-CDQ
allocations. I am concerned that this lack of authority could
unintentionally promote increases in incidental catch for CDQ groups.
In addition, any unconstrained growth in incidental catch under the
legislatively directed fishing allowances could result in less
available catch allowance for the non-CDQ groups subject to incidental
catch controls, which seems contrary to your intent that each set of
groups be subject to the same management controls.
While the pollock fishery has very low incidental catch rates, in
2005 its incidental catch was only 0.16 percent above the directed
fishery allowance, the directed fisheries of the BS/AI, other than
halibut, sablefish, pollock, and crab, have a relatively higher level
of bycatch. The council has taken actions to limit and reduce the
amount of incidental catch allowance to all directed fishery
participants in order to reduce overall bycatch levels. Prohibiting the
council from establishing an incidental catch allowance is antithetical
to current public policy and resource management in the BS/AI.
Moreover, it is not consistent with provisions included in the Senate's
version of the Magnuson-Stevens Act reauthorization, S. 2012. I suggest
Section 416 (MSA section 305(i)(1)(B), as amended) be modified to
include this explicit authority.
Do you agree with me that the council should retain its ability to
set incidental catch allowances for the CDQ groups in the fisheries
affected by section 416's amendment to MSA section 305(i)(1)(B)?
Mr. STEVENS. Yes, I agree. We did not intend to eliminate any
management authorities regarding incidental catch that are currently
available to the Council.
Mrs. MURRAY. In view of our agreement on these points, do you agree
to authorize the council and the Secretary to establish incidental
catch limits for these fisheries without prohibiting the council from
providing the CDQ program with an incidental catch allowance.
Mr. STEVENS. Yes, I would agree to that clarification to subparagraph
(B). However, that change must also guarantee that any management
measures will apply equally to both CDQ and non-CDQ portions of the
fisheries affected by subparagraph (B). Do you agree?
Mrs. MURRAY. Yes, I do agree that we must ensure fair treatment of
both groups in these fisheries, and would support including such
language in these changes. Do I have your commitment that you will
include these changes to Section 416 in the Coast Guard Conference
Report before final passage in the Senate, or, if not procedurally
possible, in another bill that will be enacted this year, including the
final version of the Magnuson-Stevens Act reauthorization?
Mr. STEVENS. Yes. Do you give your consent for final passage of S.
2012 today?
Mrs. MURRAY. I fully support passage of S. 2012, your and Senator
Inouye's bill to reauthorize the Magnuson-Stevens Act, particularly in
view of your commitment to make these changes to section 416 of the
Coast Guard Conference Report. Senator Inouye, are you in agreement
with Senator Stevens and me on these points?
Mr. INOUYE. Yes, I would be pleased to work with you and Chairman
Stevens on ensuring that the items you have agreed upon are enacted.
ECONOMIC AND SOCIAL IMPACT ANALYSIS
Mr. LOTT. Mr. President, I congratulate the chairman of the Senate
Committee on Commerce, Science and Transportation on Senate passage of
S. 2012, the Magnuson-Stevens Fisheries Conservation and Management
Reauthorization Act of 2006. The chairman has worked very hard to gain
the consensus necessary to pass this bill to reauthorize marine
fisheries conservation and management programs. The Commerce Committee
report on this bill provides a wealth of information concerning the
bill's provisions. However, I would like to ask the chairman to clarify
two provisions in the bill.
Mr. STEVENS. Mr. President, I thank the Senator from Mississippi for
his kind words and I would be happy to respond to his questions.
Mr. LOTT. Mr. President, section 104(a) of S. 2012 would amend
section 303(a) of the Magnuson-Stevens Fisheries Conservation and
Management Act in several places to require the collection of certain
economic information from fisheries participants and require that
fisheries management plans and amendments analyze the economic and
social impacts of such plans' or amendments' conservation and
management measures on, and possible mitigation measures for, fisheries
participants and fishing communities affected by these plans or
amendments.
Is it the chairman's understanding that the committee intended, for
the purposes of this provision, that only the economic impact of direct
participants in the fishery that engage in fishing or fish processing
be subject to this economic information collection and impact analysis?
Does the chairman agree that attempting to consider such economic
impacts on persons such as consumers of fish or suppliers of fishing
sectors would add unwarranted complexity to this analysis and would
detract from the proper focus on only those persons who have a direct
economic stake in the fishery?
Mr. STEVENS. The Senator from Mississippi is correct. Regional
Fishery Management Councils are tasked with analyzing a large amount of
data in order to develop fisheries management plans and amendments. The
committee intended that the economic and social impact analysis
described in section 303(a) of the act, as amended by this bill, be
limited to direct participants in the fishery that engage in fishing or
fish processing, and not include persons such as consumers of fish or
suppliers of fishing sectors.
Mr. LOTT. I thank the chairman for that response. Additionally,
section 105 of the bill would amend section 303(b)(2) of the Act to
provide additional direction on the authority of Regional Fishery
Management Councils to close areas to fishing, or restrict fishing in
areas of the waters under their jurisdiction. Is it the chairman's
understanding that the committee intended, for the purpose of this
provision, that any restriction or closure under this authority will be
of the minimum size, and include the minimum restrictions on fishing,
that are necessary to achieve the intended conservation and management
benefits?
Mr. STEVENS. Mr. President, the Senator from Mississippi is correct
on this matter as well. The committee intended that any restriction or
closure
[[Page S6043]]
under this authority will be of the minimum size, and include the
minimum restrictions on fishing that are necessary to achieve the
intended conservation and management benefits.
Mr. LOTT. Mr. President, again, I thank the chairman for his
clarification of these provisions of S. 2012. I also thank him for his
years of work to improve the framework through which our Nation's
marine fisheries are conserved and managed. I can think of no other
Member of this body who more deserves to have his name included in the
name of the law that governs marine fisheries conservation and
management.
Mr. REED. I thank Senators Stevens and Inouye for including a report
in Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act, S. 2012, to study council management coordination between the New
England Fishery Management Council and the Mid-Atlantic Fishery
Management Council, MAFMC. This report speaks to an issue of great
importance to Rhode Island fishermen. I would also like to thank
Senator Lautenberg for working with me on developing this language.
In October 2005, I introduced the Rhode Island Fishermen's Fairness
Act in order to address a serious flaw in our Nation's regional
fisheries management system by adding Rhode Island to the MAFMC, which
currently consists of representatives from New York, New Jersey,
Delaware, Pennsylvania, Maryland, Virginia, and North Carolina. The
legislation would create two seats on the MAFMC for Rhode Island: one
seat nominated by the Governor of Rhode Island and appointed by the
Secretary of Commerce, and a second seat filled by Rhode Island's
principal state official with marine fishery management responsibility.
There is a precedent for this proposed legislation. In 1996, North
Carolina's representatives in Congress succeeded in adding that State
to the MAFMC through an amendment to the Sustainable Fisheries Act.
Like Rhode Island, a significant proportion of North Carolina's landed
fish species were managed by the MAFMC, yet the State had no vote on
the council.
While I am disappointed that this reauthorization bill did not
include my legislation, I believe that the report will provide useful
information to the Senate that will support Rhode Island's
participation as a voting member on the MAFMC based on the Magnuson-
Stevens Act's National Standards and the economic value of MAFMC
managed species to Rhode Island. The report will provide an opportunity
for the Mid-Atlantic Fishery Management Council, in consultation with
the New England Fishery Management Council, to: evaluate the role of
council liaisons in the development and approval of management plans
for fisheries in which Rhode Island has a demonstrated interest and
significant landings; evaluate approaches developed by the councils to
improve representation of non-member States in decision-making; and
analyze characteristics that supported North Carolina's inclusion in
the MAFMC and how those characteristics support Rhode Island's
position.
The MAFMC manages the following 13 species, all of which are landed
in Rhode Island: Illex squid, loligo squid, Atlantic mackerel, black
sea bass, bluefish, butterfish, monkfish, scup, spiny dogfish, summer
flounder, surfclam, ocean quahog, and tilefish. Rhode Island fishermen
target a large proportion of species managed by MAFMC. These species
make up a large proportion of landings within Rhode Island every year.
Between 1995 and 2004, MAFMC species represented between 42 percent and
56 percent of all finfish landed in Rhode Island annually, for an
average of 37 percent of total landings by weight. The economic value
of these species to Rhode Island in 2004 totaled $72.8 million. Between
1995 and 2004, squid, Illex and loligo, was the number one marine
species, based on economic value, landed in Rhode Island, with a value
of $24.7 million in 2004. Because of these fisheries importance to
Rhode Island, both in terms of the economic value and overall landings
by weight, I believe the State deserves a vote in the management of
these species on the MAFMC.
Again, I want to thank Senators Stevens, Inouye, and Lautenberg for
their assistance in addressing Rhode Island's interest to become a
voting member of the MAFMC. I look forward to working with my
colleagues on this issue.
Mr. WARNER. I ask unanimous consent that the amendment at the desk be
agreed to, the committee-reported substitute, as amended, be agreed to,
the bill, as amended, be read a third time and passed, and the motion
to reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4310) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee-reported substitute, as amended, was agreed to.
The bill (S. 2012), as amended, was ordered to be engrossed for a
third reading, read the third time and passed.
Mr. WARNER. Mr. President, I return to my original unanimous consent
request.
The PRESIDING OFFICER. Is there objection to the Senator from
Massachusetts being recognized for 30 minutes in morning business?
Without objection, it is so ordered.
The Senator from Massachusetts.
____________________