[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H9206-H9235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION
ACT OF 2006
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 5946) to amend the Magnuson-
Stevens Fishery Conservation and Management Act to authorize activities
to promote improved monitoring and compliance for high seas fisheries,
or fisheries governed by international fishery management agreements,
and for other purposes.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
Title I--Conservation and Management
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
[[Page H9207]]
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 and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and
recovery program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal
habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction.
Sec. 122. Conversion to catcher/processor shares.
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 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. Hurricane effects on commercial and recreational fishery
habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Sec. 217. Study of shortage in the number of individuals with post-
baccalaureate degrees in subjects related to fishery
science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.
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.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
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. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. 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.
Title VII--Miscellaneous
Sec. 701. Study of the acidification of the oceans and effect on
fisheries.
Sec. 702. Rule of construction.
Sec. 703. Puget Sound regional shellfish settlement.
Title VIII--Tsunami Warning and Education
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
Sec. 808. Authorization of appropriations.
TITLE IX--POLAR BEARS
Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.
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 (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.'';
(2) 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.'';
(3) 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 expressed by a unit or units representing a portion of
the total allowable catch of the fishery that may be received
or held for exclusive use by a person; and
``(B) includes an individual fishing quota; but
``(C) does not include community development quotas as
described in section 305(i).
``(23B) The term `limited access system' means a system
that limits participation in a fishery to those satisfying
certain eligibility criteria or requirements contained in a
fishery management plan or associated regulation.''; and
(4) 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)).
(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.--In managing any fisheries
under an international fisheries agreement to which the
United States is a party, the appropriate Council or
Secretary shall take into account the traditional
participation in the fishery, relative to other nations, by
fishermen of the United States on fishing vessels of the
United States.
``(c) Promotion of Stock Management.--If a relevant
international fisheries organization does not have a process
for developing a formal
[[Page H9208]]
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,''; and
(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 domestic 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); and
(2) 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) $337,844,000 for fiscal year 2007;
``(2) $347,684,000 for fiscal year 2008;
``(3) $357,524,000 for fiscal year 2009;
``(4) $367,364,000 for fiscal year 2010;
``(5) $377,204,000 for fiscal year 2011;
``(6) $387,044,000 for fiscal year 2012; and
``(7) $396,875,000 for fiscal year 2013.''.
TITLE I--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 that meet the requirements of paragraph
(2),'' 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 conservation, 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, preventing overfishing, maximum
sustainable yield, and achieving rebuilding targets, and
reports on stock status and health, bycatch, habitat status,
social and economic impacts of management measures, and
sustainability of fishing practices.
``(C) Members appointed by the Councils to the scientific
and statistical committees shall be Federal employees, State
employees, academicians, or independent experts and shall
have strong scientific or technical credentials and
experience.
``(D) Each member of a scientific and statistical committee
shall be treated as an affected individual for purposes of
paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j).
The Secretary shall keep disclosures made pursuant to this
subparagraph on file.
``(E) The Secretary and each Council may establish a peer
review process for that Council for scientific information
used to advise the Council about the conservation and
management of the fishery. The review process, which may
include existing committees or panels, is deemed to satisfy
the requirements of the guidelines issued pursuant to section
515 of the Treasury and General Government Appropriations Act
for Fiscal year 2001 (Public Law 106-554--Appendix C; 114
Stat. 2763A-153).
``(F) In addition to the provisions of section 302(f)(7),
the Secretary shall, subject to the availability of
appropriations, pay a stipend to members of the scientific
and statistical committees or advisory panels who are not
employed by the Federal government or a State marine
fisheries agency.
``(G) A science and statistical committee shall hold its
meetings in conjunction with the meeting of the Council, to
the extent practicable.''.
(2) 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) develop annual catch limits for each of its managed
fisheries that may not exceed the fishing level
recommendations of its scientific and statistical committee
or the peer review process established under subsection (g);
and''.
(d) Scientific Research Priorities.--Section 302(h) (16
U.S.C. 1852(h)), as amended by subsection (c), is further
amended--
(1) by striking ``(g); and'' in paragraph (6) and inserting
``(g);'';
(2) by redesignating paragraph (7), as redesignated by
subsection (c)(2), as paragraph (8);
(2) by inserting after paragraph (6) the following:
``(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities for
fisheries, fisheries interactions, habitats, and other areas
of research that are necessary for management purposes, that
shall--
``(A) establish priorities for 5-year periods;
``(B) be updated as necessary; and
``(C) be submitted to the Secretary and the regional
science centers of the National Marine Fisheries Service for
their consideration in developing research priorities and
budgets for the region of the Council; and''.
(e) Regular and Emergency Meetings.--Section 302(i)(2)(C)
(16 U.S.C. 1852(i)(2)(C)) is amended by striking ``published
in local newspapers in the major fishing ports of the region
(and in other major fishing ports having a direct interest in
the affected fishery) and such notice may be given by such
other means as will result in wide publicity.'' and inserting
``provided by any means that will result in wide publicity in
the major fishing ports of the region (and in other major
fishing ports having a direct interest in the affected
fishery), except that e-mail notification and website
postings alone are not sufficient.''.
(f) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local
newspapers in the major fishing ports within its region (and
in other major, affected fishing ports,'' and inserting
``provide notice by any means that will result in wide
publicity in the major fishing ports of the region (and in
other major fishing ports having a direct interest in the
affected fishery), except that e-mail notification and
website postings alone are not sufficient,''.
(g) 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 2006, the Secretary, in
consultation with the Councils and the National Sea Grant
College Program, shall develop a training course for newly
appointed Council members. The course may cover a variety of
topics relevant to matters before the Councils, including--
``(A) fishery science and basic stock assessment methods;
``(B) fishery management techniques, data needs, and
Council procedures;
``(C) social science and fishery economics;
``(D) tribal treaty rights and native customs, access, and
other rights related to Western Pacific indigenous
communities;
``(E) legal requirements of this Act, including conflict of
interest and disclosure provisions of this section and
related policies;
``(F) other relevant legal and regulatory requirements,
including the National Environmental Policy Act (42 U.S.C.
4321 et seq.);
``(G) public process for development of fishery management
plans;
``(H) other topics suggested by the Council; and
``(I) recreational and commercial fishing information,
including fish harvesting techniques, gear types, fishing
vessel types, and economics for the fisheries within each
Council's jurisdiction.
``(2) Member training.--The training course shall be
available to both new and existing Council members, staff
from the regional offices and regional science centers of the
National Marine Fisheries Service, and may be made available
to committee or advisory panel members as resources allow.
``(3) Required training.--Council members appointed after
the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 shall
complete a training course that meets the requirements of
this section not later than 1 year after the date on which
they were appointed. Any Council member who has completed a
training course within 24 months before the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 shall be considered to have met
the training requirement of this paragraph.
[[Page H9209]]
``(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.''.
(h) 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 (l),'' in paragraph (3)(A) after
``Council,''; and
(4) by inserting ``other committees,'' in paragraph (3)(A)
after ``committee,''.
(i) 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 an 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 hours; 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, including identification of any conflict of
interest problems with respect to the Councils and scientific
and statistical committees and recommendations for addressing
any such problems.''.
(j) 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 Governor of a State submitting a list of names
of individuals for appointment by the Secretary of Commerce
to the Gulf of Mexico Fisheries Management Council under
subparagraph (C) shall include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
``(ii) Notwithstanding the requirements of subparagraph
(C), if the Secretary determines that the list of names
submitted by the Governor does not meet the requirements of
clause (i) the Secretary shall--
``(I) publish a notice in the Federal Register asking the
residents of that State to submit the names and pertinent
biographical data of individuals who would meet the
requirement not met for appointment to the Council; and
``(II) add the name of any qualified individual submitted
by the public who meets the unmet requirement to the list of
names submitted by the Governor.
``(iii) For purposes of clause (i) an individual who owns
or operates a fish farm outside of the United States shall
not be considered to be a representative of the commercial or
recreational fishing sector.
``(iv) The requirements of this subparagraph shall expire
at the end of fiscal year 2012.''.
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 ``and'' after the semicolon in paragraph
(9)(A);
(4) by inserting ``and'' after the semicolon in paragraph
(9)(B);
(5) by inserting after paragraph (9)(B) the following:
``(C) the safety of human life at sea, including whether
and to what extent such measures may affect the safety of
participants in the fishery;
(6) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including its
economic impact,'';
(7) by striking ``and'' after the semicolon in paragraph
(13);
(8) 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,'';
(9) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery and;''; and
(10) by adding at the end the following:
``(15) establish a mechanism for specifying annual catch
limits in the plan (including a multiyear plan), implementing
regulations, or annual specifications, at a level such that
overfishing does not occur in the fishery, including measures
to ensure accountability.''.
(b) Effective Dates; Application to Certain Species.--The
amendment made by subsection (a)(10)--
(1) shall, unless otherwise provided for under an
international agreement in which the United States
participates, take effect--
(A) in fishing year 2010 for fisheries determined by the
Secretary to be subject to overfishing; and
(B) in fishing year 2011 for all other fisheries; and
(2) shall not apply to a fishery for species that have a
life cycle of approximately 1 year unless the Secretary has
determined the fishery is subject to overfishing of that
species; and
(3) shall not limit or otherwise affect the requirements of
section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851(a)(1) or
1854(e), respectively).
(c) Clarification of Rebuilding Provision.--Section 304(e)
(16 U.S.C. 1854(e)) is amended--
(1) by striking ``one year of'' in paragraph (3) and
inserting ``2 years after'';
(2) by inserting ``and implement'' after ``prepare'' in
paragraph (3);
(3) by inserting ``immediately'' after ``overfishing'' in
paragraph (3)(A);
(4) by striking ``ending overfishing and'' in paragraph
(4)(A); and
(5) by striking ``one-year'' in paragraph (5) and inserting
``2-year''.
(d) Effective Date for Subsection (c).--The amendments made
by subsection (c) shall take effect 30 months 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 under this Act
that prohibits all fishing, ensure that such closure--
``(i) is based on the best scientific information
available;
``(ii) includes criteria to assess the conservation benefit
of the closed area;
``(iii) establishes a timetable for review of the closed
area's performance that is consistent with the purposes of
the closed area; and
``(iv) is based on an assessment of the benefits and
impacts of the closure, including its size, in relation to
other management measures (either alone or in combination
with such measures), including the benefits and impacts of
limiting access to: users of the area, overall fishing
activity, fishery science, and fishery and marine
conservation;'';
(3) by striking ``fishery;'' in paragraph (5) and inserting
``fishery and take into account the different circumstances
affecting fisheries from different States and ports,
including distances to fishing grounds and proximity to time
and area closures;'';
(4) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) present participation in the fishery;
``(B) historical fishing practices in, and dependence on,
the fishery;
``(C) the economics of the fishery;
``(D) the capability of fishing vessels used in the fishery
to engage in other fisheries;
``(E) the cultural and social framework relevant to the
fishery and any affected fishing communities;
``(F) the fair and equitable distribution of access
privileges in the fishery; and
``(G) any other relevant considerations;'';
(5) by striking ``(other than economic data)'' in paragraph
(7);
(6) by striking ``and'' after the semicolon in paragraph
(11); and
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) 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 2006, a Council may submit, and the
Secretary may approve, for a fishery that is managed under a
limited access system, a limited access privilege program to
harvest fish if the program meets the requirements of this
section.
``(b) No Creation of Right, Title, or Interest.--Limited
access privilege, quota share, or other limited access system
authorization established, implemented, or managed under this
Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
[[Page H9210]]
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation if the system
is found to have jeopardized the sustainability of the stock
or the safety of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or
other such limited access system authorization if it is
revoked, limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish
is harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to
engage in activities permitted by such limited access
privilege or quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--Any limited access privilege program to
harvest fish submitted by a Council or approved by the
Secretary under this section shall--
``(A) if established in a fishery that is overfished or
subject to a rebuilding plan, assist in its rebuilding; 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) fishing safety; and
``(ii) fishery conservation and management; and
``(iii) social and economic benefits;
``(D) prohibit any person other than a United States
citizen, a corporation, partnership, or other entity
established under the laws of the United States or any State,
or a permanent resident alien, that meets the eligibility and
participation requirements established in the program from
acquiring a privilege to harvest fish, including any person
that acquires a limited access privilege solely for the
purpose of perfecting or realizing on a security interest in
such privilege;
``(E) require that all fish harvested under a limited
access privilege program be processed on vessels of the
United States or on United States soil (including any
territory of the United States);
``(F) specify the goals of the program;
``(G) include provisions for the regular monitoring and
review by the Council and the Secretary of the operations of
the program, including determining progress in meeting the
goals of the program and this Act, and any necessary
modification of the program to meet those goals, with a
formal and detailed review 5 years after the implementation
of the program and thereafter to coincide with scheduled
Council review of the relevant fishery management plan (but
no less frequently than once every 7 years);
``(H) include an effective system for enforcement,
monitoring, and management of the program, including the use
of observers or electronic monitoring systems;
``(I) include an appeals process for administrative review
of the Secretary's decisions regarding initial allocation of
limited access privileges;
``(J) provide for the establishment by the Secretary, in
consultation with appropriate Federal agencies, for an
information collection and review process to provide any
additional information needed to determine whether any
illegal acts of anti-competition, anti-trust, price
collusion, or price fixing have occurred among regional
fishery associations or persons receiving limited access
privileges under the program; and
``(K) provide for the revocation by the Secretary of
limited access privileges held by any person found to have
violated the antitrust laws of the United States.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1)(E) if the Secretary determines that--
``(A) the fishery has historically processed the fish
outside of the United States; and
``(B) the United States has a seafood safety equivalency
agreement with the country where processing will occur.
``(3) Fishing communities.--
``(A) In general.--
``(i) Eligibility.--To be eligible to participate in a
limited access privilege program to harvest fish, a fishing
community shall--
``(I) be located within the management area of the relevant
Council;
``(II) meet criteria developed by the relevant Council,
approved by the Secretary, and published in the Federal
Register;
``(III) consist of residents who conduct commercial or
recreational fishing, processing, or fishery-dependent
support businesses within the Council's management area; and
``(IV) develop and submit a community sustainability plan
to the Council and the Secretary that demonstrates how the
plan will address the social and economic development needs
of coastal communities, including those that have not
historically had the resources to participate in the fishery,
for approval based on criteria developed by the Council that
have been approved by the Secretary and published in the
Federal Register.
``(ii) Failure to comply with plan.--The Secretary shall
deny or revoke limited access privileges granted under this
section for any person who fails to comply with the
requirements of the community sustainability plan. Any
limited access privileges denied or revoked under this
section may be reallocated to other eligible members of the
fishing community.
``(B) Participation criteria.--In developing participation
criteria for eligible communities under this paragraph, a
Council shall consider--
``(i) traditional fishing or processing practices in, and
dependence on, the fishery;
``(ii) the cultural and social framework relevant to the
fishery;
``(iii) economic barriers to access to fishery;
``(iv) the existence and severity of projected economic and
social impacts associated with implementation of limited
access privilege programs on harvesters, captains, crew,
processors, and other businesses substantially dependent upon
the fishery in the region or subregion;
``(v) the expected effectiveness, operational transparency,
and equitability of the community sustainability plan; and
``(vi) the potential for improving economic conditions in
remote coastal communities lacking resources to participate
in harvesting or processing activities in the fishery.
``(4) Regional fishery associations.--
``(A) In general.--To be eligible to participate in a
limited access privilege program to harvest fish, a regional
fishery association shall--
``(i) be located within the management area of the relevant
Council;
``(ii) meet criteria developed by the relevant Council,
approved by the Secretary, and published in the Federal
Register;
``(iii) be a voluntary association with established by-laws
and operating procedures;
``(iv) consist of participants in the fishery who hold
quota share that are designated for use in the specific
region or subregion covered by the regional fishery
association, including commercial or recreational fishing,
processing, fishery-dependent support businesses, or fishing
communities;
``(v) not be eligible to receive an initial allocation of a
limited access privilege but may acquire such privileges
after the initial allocation, and may hold the annual fishing
privileges of any limited access privileges it holds or the
annual fishing privileges that is members contribute; and
``(vi) develop and submit a regional fishery association
plan to the Council and the Secretary for approval based on
criteria developed by the Council that have been approved by
the Secretary and published in the Federal Register.
``(B) Failure to comply with plan.--The Secretary shall
deny or revoke limited access privileges granted under this
section to any person participating in a regional fishery
association who fails to comply with the requirements of the
regional fishery association plan.
``(C) Participation Criteria.--In developing participation
criteria for eligible regional fishery associations under
this paragraph, a Council shall consider--
``(i) traditional fishing or processing practices in, and
dependence on, the fishery;
``(ii) the cultural and social framework relevant to the
fishery;
``(iii) economic barriers to access to fishery;
``(iv) the existence and severity of projected economic and
social impacts associated with implementation of limited
access privilege programs on harvesters, captains, crew,
processors, and other businesses substantially dependent upon
the fishery in the region or subregion;
``(v) the administrative and fiduciary soundness of the
association; and
``(vi) the expected effectiveness, operational
transparency, and equitability of the fishery association
plan.
``(5) Allocation.--In developing a limited access privilege
program to harvest fish a Council or the Secretary shall--
``(A) establish procedures to ensure fair and equitable
initial allocations, including consideration of--
``(i) current and historical harvests;
``(ii) employment in the harvesting and processing sectors;
``(iii) investments in, and dependence upon, the fishery;
and
``(iv) the current and historical participation of fishing
communities;
``(B) consider the basic cultural and social framework of
the fishery, especially through--
``(i) the development of policies to promote the sustained
participation of small owner-operated fishing vessels and
fishing communities that depend on the fisheries, including
regional or port-specific landing or delivery requirements;
and
``(ii) procedures to address concerns over excessive
geographic or other consolidation in the harvesting or
processing sectors of the fishery;
``(C) include measures to assist, when necessary and
appropriate, entry-level and small vessel owner-operators,
captains, crew, and fishing communities through set-asides of
harvesting allocations, including providing privileges, which
may include set-asides or allocations of harvesting
privileges, or economic assistance in the purchase of limited
access privileges;
``(D) ensure that limited access privilege holders do not
acquire an excessive share of the total limited access
privileges in the program by--
``(i) establishing a maximum share, expressed as a
percentage of the total limited access privileges, that a
limited access privilege holder is permitted to hold,
acquire, or use; and
``(ii) establishing any other limitations or measures
necessary to prevent an inequitable concentration of limited
access privileges; and
``(E) authorize limited access privileges to harvest fish
to be held, acquired, used by, or issued under the system to
persons who substantially participate in the fishery,
including in a specific sector of such fishery, as specified
by the Council.
``(6) Program initiation.--
``(A) Limitation.--Except as provided in subparagraph (D),
a Council may initiate a fishery management plan or amendment
to establish a limited access privilege program to harvest
fish on its own initiative or if the Secretary has certified
an appropriate petition.
``(B) Petition.--A group of fishermen constituting more
than 50 percent of the permit holders, or holding more than
50 percent of the allocation, in the fishery for which a
limited access privilege program to harvest fish is sought,
may submit a petition to the Secretary requesting that the
relevant Council or Councils with authority over the fishery
be authorized to initiate
[[Page H9211]]
the development of the program. Any such petition shall
clearly state the fishery to which the limited access
privilege program would apply. For multispecies permits in
the Gulf of Mexico, only those participants who have
substantially fished the species proposed to be included in
the limited access program shall be eligible to sign a
petition for such a program and shall serve as the basis for
determining the percentage described in the first sentence of
this subparagraph.
``(C) Certification by secretary.--Upon the receipt of any
such petition, the Secretary shall review all of the
signatures on the petition and, if the Secretary determines
that the signatures on the petition represent more than 50
percent of the permit holders, or holders of more than 50
percent of the allocation in the fishery, as described by
subparagraph (B), the Secretary shall certify the petition to
the appropriate Council or Councils.
``(D) New england and gulf referendum.--
``(i) Except as provided in clause (iii) for the Gulf of
Mexico commercial red snapper fishery, the New England and
Gulf Councils may not submit, and the Secretary may not
approve or implement, a fishery management plan or amendment
that creates an individual fishing quota program, including a
Secretarial plan, unless such a system, as ultimately
developed, has been approved by more than \2/3\ of those
voting in a referendum among eligible permit holders, or
other persons described in clause (v), with respect to the
New England Council, and by a majority of those voting in the
referendum among eligible permit holders with respect to the
Gulf Council. For multispecies permits in the Gulf of Mexico,
only those participants who have substantially fished the
species proposed to be included in the individual fishing
quota program shall be eligible to vote in such a referendum.
If an individual fishing quota program fails to be approved
by the requisite number of those voting, it may be revised
and submitted for approval in a subsequent referendum.
``(ii) The Secretary shall conduct a referendum under this
subparagraph, including notifying all persons eligible to
participate in the referendum and making available to them
information concerning the schedule, procedures, and
eligibility requirements for the referendum process and the
proposed individual fishing quota program. Within 1 year
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary shall publish guidelines and procedures to
determine procedures and voting eligibility requirements for
referenda and to conduct such referenda in a fair and
equitable manner.
``(iii) The provisions of section 407(c) of this Act shall
apply in lieu of this subparagraph for an individual fishing
quota program for the Gulf of Mexico commercial red snapper
fishery.
``(iv) Chapter 35 of title 44, United States Code,
(commonly known as the Paperwork Reduction Act) does not
apply to the referenda conducted under this subparagraph.
``(v) The Secretary shall promulgate criteria for
determining whether additional fishery participants are
eligible to vote in the New England referendum described in
clause (i) in order to ensure that crew members who derive a
significant percentage of their total income from the fishery
under the proposed program are eligible to vote in the
referendum.
``(vi) In this subparagraph, the term `individual fishing
quota' does not include a sector allocation.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) establish a policy and criteria for the
transferability of limited access privileges (through sale or
lease), that is consistent with the policies adopted by the
Council for the fishery under paragraph (5); and
``(B) establish, in coordination with the Secretary, a
process for monitoring of transfers (including sales and
leases) of limited access privileges.
``(8) Preparation and implementation of Secretarial
Plans.--This subsection also applies to a plan prepared and
implemented by the Secretary under section 304(c) or 304(g).
``(9) Antitrust savings clause.--Nothing in this Act shall
be construed to modify, impair, or supersede the operation of
any of the antitrust laws. For purposes of the preceding
sentence, the term `antitrust laws' has the meaning given
such term in subsection (a) of the first section of the
Clayton Act, except that such term includes section 5 of the
Federal Trade Commission Act to the extent that such section
5 applies to unfair methods of competition.
``(d) Auction and Other Programs.--In establishing a
limited access privilege program, a Council shall consider,
and may provide, if appropriate, an auction system or other
program to collect royalties for the initial, or any
subsequent, distribution of allocations in a limited access
privilege program if--
``(1) the system or program is administered in such a way
that the resulting distribution of limited access privilege
shares meets the program requirements of this section; and
``(2) revenues generated through such a royalty program are
deposited in the Limited Access System Administration Fund
established by section 305(h)(5)(B) and available subject to
annual appropriations.
``(e) Cost Recovery.--In establishing a limited access
privilege program, a Council shall--
``(1) develop a methodology and the means to identify and
assess the management, data collection and analysis, and
enforcement programs that are directly related to and in
support of the program; and
``(2) provide, under section 304(d)(2), for a program of
fees paid by limited access privilege holders that will cover
the costs of management, data collection and analysis, and
enforcement activities.
``(f) Characteristics.--A limited access privilege
established after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006 is a permit issued for a period of not more than
10 years that--
``(1) will be renewed before the end of that period, unless
it has been revoked, limited, or modified as provided in this
subsection;
``(2) will be revoked, limited, or modified if the holder
is found by the Secretary, after notice and an opportunity
for a hearing under section 554 of title 5, United States
Code, to have failed to comply with any term of the plan
identified in the plan as cause for revocation, limitation,
or modification of a permit, which may include conservation
requirements established under the plan;
``(3) may be revoked, limited, or modified if the holder is
found by the Secretary, after notice and an opportunity for a
hearing under section 554 of title 5, United States Code, to
have committed an act prohibited by section 307 of this Act;
and
``(4) may be acquired, or reacquired, by participants in
the program under a mechanism established by the Council if
it has been revoked, limited, or modified under paragraph (2)
or (3).
``(g) Limited Access Privilege Assisted Purchase Program.--
``(1) In general.--A Council may submit, and the Secretary
may approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 53706(a)(7) of
title 46, United States Code, to issue obligations that aid
in financing--
``(A) the purchase of limited access privileges in that
fishery by fishermen who fish from small vessels; and
``(B) the first-time purchase of limited access privileges
in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--
Nothing in this Act, or the amendments made by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006, shall be construed to require a reallocation or
a reevaluation of individual quota shares, processor quota
shares, cooperative programs, or other quota programs,
including sector allocation in effect before the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006.
``(i) Transition Rules.--
``(1) In general.--The requirements of this section shall
not apply to any quota program, including any individual
quota program, cooperative program, or sector allocation for
which a Council has taken final action or which has been
submitted by a Council to the Secretary, or approved by the
Secretary, within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, except that--
``(A) the requirements of section 303(d) of this Act in
effect on the day before the date of enactment of that Act
shall apply to any such program;
``(B) the program shall be subject to review under
subsection (c)(1)(G) of this section not later than 5 years
after the program implementation; and
``(C) nothing in this subsection precludes a Council from
incorporating criteria contained in this section into any
such plans.
``(2) Pacific groundfish proposals.--The requirements of
this section, other than subparagraphs (A) and (B) of
subsection (c)(1) and subparagraphs (A), (B), and (C) of
paragraph (1) of this subsection, shall not apply to any
proposal authorized under section 302(f) of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization
Act of 2006 that is submitted within the timeframe prescribed
by that section.''.
(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--
[[Page H9212]]
``(A) conform to the time lines for review and approval of
fishery management plans and plan amendments under this
section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input, with
the procedure for the preparation and dissemination of
fishery management plans, plan amendments, and other actions
taken or approved pursuant to this Act in order to provide
for timely, clear and concise analysis that is useful to
decision makers and the public, reduce extraneous paperwork,
and effectively involve the public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments,
regulations, or other actions taken or approved pursuant to
this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) propose revised procedures within 6 months after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006;
``(B) provide 90 days for public review and comments; and
``(C) promulgate final procedures no later than 12 months
after the date of enactment of that Act.
``(4) Public participation.--The Secretary is authorized
and directed, in cooperation with the Council on
Environmental Quality and the Councils, to involve the
affected public in the development of revised procedures,
including workshops or other appropriate means of public
involvement.''.
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,'' the second time it appears 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 AND NORTH PACIFIC COMMUNITY
DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the
end thereof the following:
``(j) Western Pacific and Northern Pacific Regional Marine
Education and Training.--
``(1) In general.--The Secretary shall establish a pilot
program for regionally-based marine education and training
programs in the Western Pacific and the Northern Pacific to
foster understanding, practical use of knowledge (including
native Hawaiian, Alaskan Native, and other Pacific Islander-
based knowledge), and technical expertise relevant to
stewardship of living marine resources. The Secretary shall,
in cooperation with the Western Pacific and the North Pacific
Regional Fishery Management Councils, regional educational
institutions, and local Western Pacific and Northern Pacific
community training entities, establish programs or projects
that will improve communication, education, and training on
marine resource issues throughout the region and increase
scientific education for marine-related professions among
coastal community residents, including indigenous Pacific
islanders, Native Hawaiians, Alaskan Natives, and other
underrepresented groups in the region.
``(2) Program components.--The program shall--
``(A) include marine science and technology education and
training programs focused on preparing community residents
for employment in marine related professions, including
marine resource conservation and management, marine science,
marine technology, and maritime operations;
``(B) include fisheries and seafood-related training
programs, including programs for fishery observers, seafood
safety and seafood marketing, focused on increasing the
involvement of coastal community residents in fishing,
fishery management, and seafood-related operations;
``(C) include outreach programs and materials to educate
and inform consumers about the quality and sustainability of
wild fish or fish products farmed through responsible
aquaculture, particularly in Hawaii, Alaska, the Western
Pacific, the Northern Pacific, and the Central Pacific;
``(D) include programs to identify, with the fishing
industry, methods and technologies that will improve the data
collection, quality, and reporting and increase the
sustainability of fishing practices, and to transfer such
methods and technologies among fisheries sectors and to other
nations in the Western, Northern, and Central Pacific;
``(E) develop means by which local and traditional
knowledge (including Pacific islander, Native Hawaiian, and
Alaskan Native knowledge) can enhance science-based
management of fishery resources of the region; and
``(F) develop partnerships with other Western Pacific
Island and Alaskan agencies, academic institutions, and other
entities to meet the purposes of this section.''.
SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109 of
this Act, is further amended by adding at the end thereof the
following:
``(k) Multispecies Groundfish.--
``(1) In general.--Within 60 days after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary of
Commerce shall determine whether fishing in State waters--
``(A) without a New England multispecies groundfish fishery
permit on regulated species within the multispecies complex
is not consistent with the applicable Federal fishery
management plan; or
``(B) without a Federal bottomfish and seamount groundfish
permit in the Hawaiian archipelago on regulated species
within the complex is not consistent with the applicable
Federal fishery management plan or State data are not
sufficient to make such a determination..
``(2) Cure.--If the Secretary makes a determination that
such actions are not consistent with the plan, the Secretary
shall, in consultation with the Council, and after notifying
the affected State, develop and implement measures to cure
the inconsistency pursuant to section 306(b).''.
SEC. 111. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for enforcement
purposes any data or information required to be provided
under this title or regulations under this title, including
data from vessel monitoring systems, satellite-based maritime
distress and safety 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 2006, the
Secretary shall implement data-sharing measures to make any
data required to be provided by this Act from satellite-based
maritime distress and safety systems, vessel monitoring
systems, or similar systems--
``(A) directly accessible by State enforcement officers
authorized under subsection (a) of this section; and
``(B) available to a State management agency involved in,
or affected by, management of a fishery if the State has
entered into an agreement with the Secretary under section
402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section
402(b)(1)(B) of this Act if--
``(A) the Attorney General or highest ranking legal officer
of the State provides a written opinion or certification that
State law allows the State to maintain the confidentiality of
information required by Federal law to be kept confidential;
or
``(B) the Secretary is provided other reasonable assurance
that the State can and will protect the identity or business
of any person to which such information relates.''.
(b) Report.--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 vessel monitoring systems, satellite-based
maritime distress and safety systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal government bearing the capital
costs of any such system;
[[Page H9213]]
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether satellite-based 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
satellite-based maritime distress and safety system 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 satellite-based maritime
distress and safety system or similar systems could be
developed, purchased, and distributed to regulated vessels.
SEC. 112. 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
(including those imposed as a result of judicial action)
imposed to protect human health or the marine environment;'';
(2) by striking ``1996, 1997, 1998, and 1999.'' in
subsection (a)(4) and inserting ``2007 through 2013.'';
(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 or in any other fishery
and such vessel is (i) scrapped, or (ii) through the
Secretary of the department in which the Coast Guard is
operating, subjected to title restrictions (including loss of
the vessel's fisheries endorsement) that permanently prohibit
and effectively prevent its use in fishing in federal or
state waters, or fishing on the high seas or in the waters of
a foreign nation; or'';
(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 adding at the end of subsection (b) the following:
``(5) Payment condition.--The Secretary may not make a
payment under paragraph (2) with respect to a vessel that
will not be scrapped unless the Secretary certifies that the
vessel will not be used for fishing in the waters of a
foreign nation or fishing on the high seas.
``(6) Report.--
``(A) In general.--Subject to the availability of funds,
the Secretary shall, within 12 months after the date of the
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 submit to the Congress
a report--
``(i) identifying and describing the 20 fisheries in United
States waters with the most severe examples of excess
harvesting capacity in the fisheries, based on value of each
fishery and the amount of excess harvesting capacity as
determined by the Secretary;
``(ii) recommending measures for reducing such excess
harvesting capacity, including the retirement of any latent
fishing permits that could contribute to further excess
harvesting capacity in those fisheries; and
``(iii) potential sources of funding for such measures.
``(B) Basis for recommendations.--The Secretary shall base
the recommendations made with respect to a fishery on--
``(i) the most cost effective means of achieving voluntary
reduction in capacity for the fishery using the potential for
industry financing; and
``(ii) including measures to prevent the capacity that is
being removed from the fishery from moving to other fisheries
in the United States, in the waters of a foreign nation, or
on the high seas.'';
(9) by striking ``Secretary, at the request of the
appropriate Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(10) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(11) 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.'';
(12) 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
(13) 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 and affected
fishing communities;
``(iv) the requirements of the applicable fishery
management plan and any amendment that such plan may require
to support the proposed program;
``(v) the general needs and desires of harvesters in the
fishery;
``(vi) the need to minimize program costs; and
``(vii) other matters, including the manner in which such
proponents propose to fund the program to ensure its cost
effectiveness, as well as any relevant factors demonstrating
the potential for, or necessary to obtain, the support and
general cooperation of a substantial number of affected
harvesters in the fishery (or portion of the fishery) for
which the program is intended; and
``(B) proposes procedures for program participation (such
as submission of owner bids under an auction system or fair
market-value assessment), including any terms and conditions
for participation, that the harvester proponents deem to be
reasonably necessary to meet the program's proposed
objectives.
``(4) Participation contracts.--The Secretary shall
contract with each person participating in a program, and
each such contract shall, in addition to including such other
matters as the Secretary deems necessary and appropriate to
effectively implement each program (including penalties for
contract non-performance) be consistent with the framework
and implementing regulations and all other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a reduction auction that
scores the reduction price of each bid offer by the data
relevant to each bidder under an appropriate fisheries
productivity factor. If the Secretary accepts bids, the
Secretary shall accept responsive bids in the rank order of
their bid scores, starting with the bid whose reduction price
is the lowest percentage of the productivity factor, and
successively accepting each additional responsive bid in rank
order until either there are no more responsive bids or
acceptance of the next bid would cause the total value of
bids accepted to exceed the amount of funds available for the
program.
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms
and conditions for participation consistent with the
framework and implementing regulations. Each bid that the
Secretary receives in response to the invitation to bid shall
constitute an irrevocable offer from the bidder.''.
(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. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION,
AND RECOVERY PROGRAM.
(a) In General.--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 while ensuring
that those projects will not result in an increase or
replacement of fishing capacity;
``(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 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.
[[Page H9214]]
``(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 regulatory closure (including regulatory
closures resulting from judicial action) 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)).''.
(b) Salmon Plan and Study.--
(1) Recovery plan.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Commerce shall
complete a recovery plan for Klamath River Coho salmon and
make it available to the public.
(2) Annual report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary of Commerce shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Resources on--
(A) the actions taken under the recovery plan and other law
relating to recovery of Klamath River Coho salmon, and how
those actions are specifically contributing to its recovery;
(B) the progress made on the restoration of salmon spawning
habitat, including water conditions as they relate to salmon
health and recovery, with emphasis on the Klamath River and
its tributaries below Iron Gate Dam;
(C) the status of other Klamath River anadromous fish
populations, particularly Chinook salmon; and
(D) the actions taken by the Secretary to address the
calendar year 2003 National Research Council recommendations
regarding monitoring and research on Klamath River Basin
salmon stocks.
(c) Oregon and California Salmon Fishery.--Federally
recognized Indian tribes and small businesses, including
fishermen, fish processors, and related businesses serving
the fishing industry, adversely affected by Federal closures
and fishing restrictions in the Oregon and California 2006
fall Chinook salmon fishery are eligible to receive direct
assistance under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a))
and section 308(d) of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107(d)). The Secretary may use no more
than 4 percent of any monetary assistance to pay for
administrative costs.
SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) Loan Assistance.--Subject to availability of
appropriations, the Secretary of Commerce shall provide
assistance to eligible holders of fishery finance program
loans and allocate such assistance among eligible holders
based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and
re-amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for
up to 1 year beyond the remaining term of the loan, or
September 30, 2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal
years 2007 through 2013, not to exceed amounts authorized
under subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--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, with respect to uninsured
losses--
(1) 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
(2) 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 chapter 537 of title 46,
United States Code.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce for the
purposes of this section not more than $15,000,000 for each
eligible holder for the period beginning with fiscal year
2007 through fiscal year 2013.
SEC. 115. FISHERIES HURRICANE ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Commerce shall establish
an assistance program for the Gulf of Mexico commercial and
recreational 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 fishery
(including crawfish) catch landed by each State before August
29, 2005, 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 each of fiscal years 2007 through 2012 to carry out this
section.
SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.), as
amended by section 113 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 2006, the Secretary, in cooperation with the Councils
and other affected interests, and based upon the best
scientific information available, shall establish a bycatch
reduction program, including grants, to develop technological
devices and other conservation engineering changes designed
to minimize bycatch, seabird interactions, bycatch mortality,
and post-release mortality in Federally managed fisheries.
The program shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for
adoption of methods developed under the program in fishery
management plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by
a Council or by the Secretary may establish a system of
incentives to reduce total bycatch and seabird interactions,
amounts, bycatch rates, and post-release mortality in
fisheries under the Council's or Secretary's jurisdiction,
including--
[[Page H9215]]
``(1) measures to incorporate bycatch into quotas,
including the establishment of collective or individual
bycatch quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird interactions, rates;
and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird
interactions, bycatch mortality, post-release mortality, or
regulatory discards in the fishery.
``(c) Coordination on Seabird Interactions.--The Secretary,
in coordination with the Secretary of Interior, is authorized
to undertake projects in cooperation with industry to improve
information and technology to reduce seabird bycatch,
including--
``(1) outreach to industry on new technologies and methods;
``(2) projects to mitigate for seabird mortality; and
``(3) actions at appropriate international fishery
organizations to reduce seabird interactions in fisheries.
``(d) Report.--The Secretary shall transmit an annual
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Resources that--
``(1) describes funding provided to implement this section;
``(2) describes developments in gear technology achieved
under this section; and
``(3) describes improvements and reduction in bycatch and
seabird interactions associated with implementing this
section, as well as proposals to address remaining bycatch or
seabird interaction problems.''.
(b) CDQ Bycatch Limitations.--
(1) In general.--Section 305(i) (16 U.S.C. 1855(i)) is
amended--
(A) by striking ``directed fishing allocation'' and all
that follows in paragraph (1)(B)(ii)(I), and inserting
``total allocation (directed and nontarget combined) of 10.7
percent effective January 1, 2008; and'';
(B) by striking ``directed fishing allocation of 10
percent.'' in paragraph (1)(B)(ii)(II) and inserting ``total
allocation (directed and nontarget combined) of 10.7
percent.'';
(C) by inserting after paragraph (1)(B)(ii) the following:
``The total allocation (directed and nontarget combined) for
a fishery to which subclause (I) or (II) applies may not be
exceeded.''; and
(D) by inserting ``Voluntary transfers by and among
eligible entities shall be allowed, whether before or after
harvesting. Notwithstanding the first sentence of this
subparagraph, seven-tenths of one percent of the total
allowable catch, guideline harvest level, or other annual
catch limit, within the amount allocated to the program by
subclause (I) or subclause (II) of subparagraph (B)(ii),
shall be allocated among the eligible entities by the panel
established in subparagraph (G), or allocated by the
Secretary based on the nontarget needs of eligible entities
in the absence of a panel decision.'' after ``2006.'' in
paragraph (1)(C) .
(2) Effective date.--The allocation percentage in subclause
(I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(i)(1)(B)(ii)), as amended by paragraph (1) of this
subsection, shall be in effect in 2007 with respect to any
sector of a fishery to which such subclause applies and in
which a fishing cooperative is established in 2007, and such
sector's 2007 allocation shall be reduced by a pro rata
amount to accomplish such increased allocation to the
program. For purposes of section 305(i)(1) of that Act and of
this subsection, the term ``fishing cooperative'' means a
fishing cooperative whether or not authorized by a fishery
management council or Federal agency, if a majority of the
participants in the sector are participants in the fishing
cooperative.
SEC. 117. 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. 118. 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 in the waters
of another country, after the Secretary has made a payment to
the owner of that fishing vessel under section 312(b)(2).''.
SEC. 119. SHARK FEEDING.
Title III (16 U.S.C. 1851 et seq.), as amended by section
116 of this Act, is further amended by adding at the end the
following:
``SEC. 317. SHARK FEEDING.
``Except to the extent determined by the Secretary, or
under State law, as presenting no public health hazard or
safety risk, or when conducted as part of a research program
funded in whole or in part by appropriated funds, it is
unlawful to introduce, or attempt to introduce, food or any
other substance into the water to attract sharks for any
purpose other than to harvest sharks within the Exclusive
Economic Zone seaward of the State of Hawaii and of the
Commonwealths, territories, and possessions of the United
States in the Pacific Ocean Area.''.
SEC. 120. CLARIFICATION OF FLEXIBILITY.
(a) In General.--The Secretary of Commerce has the
discretion under the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1851 et seq.) to extend the
time for rebuilding the summer flounder fishery to not later
than January 1, 2013, only if--
(1) the Secretary has determined that--
(A) overfishing is not occurring in the fishery and that a
mechanism is in place to ensure overfishing does not occur in
the fishery; and
(B) stock biomass levels are increasing;
(2) the biomass rebuilding target previously applicable to
such stock will be met or exceeded within the new time for
rebuilding;
(3) the extension period is based on the status and biology
of the stock and the rate of rebuilding;
(4) monitoring will ensure rebuilding continues;
(5) the extension meets the requirements of section
301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and
(6) the best scientific information available shows that
the extension will allow continued rebuilding.
(b) Authority.--Nothing in this section shall be construed
to amend the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1851 et seq.) or to limit or
otherwise alter the authority of the Secretary under that Act
concerning other species.
SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY
REDUCTION.
Section 209 of the Department of Commerce and Related
Agencies Appropriations Act, 2005 (Pub. L. 108-447; 118 Stat.
2884) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 209.'';
(2) by striking ``is authorized to'' in the first sentence
and inserting ``shall'';
(3) by striking ``$50,000,000'' and all that follows in the
first sentence and inserting ``up to $25,000,000 pursuant to
section 57735 of title 46, United States Code.'';
(4) by striking the third sentence and inserting: ``The
loan shall have a term of 40 years.''; and
(5) by adding at the end the following:
``(b) Southeast Alaska Fisheries Program.--
``(1) Conduct of program by rsa.--The program described in
subsection (a) shall be conducted under Alaska law by the
Southeast Revitalization Association.
``(2) Treatment under chapter 577 of title 46.--For
purposes of section 57735 of title 46, United States Code,
the program shall be considered to be a program established
under section 312 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a).
``(3) Application of magnuson-stevens act.--Notwithstanding
paragraph (2), the program shall not be subject to section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a), except for subsections
(b)(1)(C) and (d) of that section.
``(c) Southeast Alaska Fisheries Program Approval and
Referendum.--
``(1) In general.--The Secretary of Commerce may approve a
capacity reduction plan submitted by the Southeast
Revitalization Association under subsection (b).
``(2) Referendum.--The Secretary shall conduct an industry
fee system referendum for the buyback under the program in
accordance with section 312(d)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a),
except that--
``(A) no Council request and no consultation shall be
required; and
``(B) the fee shall not exceed 3 percent of the annual ex-
vessel value of all salmon harvested in the southeast Alaska
purse seine fishery.
``(d) Disbursal of Loan Proceeds.--If the industry fee
system is approved as provided in section 312(d)(1)(B) of
that Act (16 U.S.C. 1861a(d)(1)(B)), the Secretary shall
disburse the loan in the form of reduction payments to
participants in such amounts as the Southeast Revitalization
Association certifies to have been accepted under Alaska law
for reduction payments. The Secretary shall thereafter
administer the fee system in accordance with section
312(d)(2) of that Act (16 U.S.C. 1861a(d)(2)), and any person
paying or collecting the fee shall make such payments or
collection such fees in accordance with the requirements of
that Act (16 U.S.C. 1801 et seq.)''.
SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES.
(a) In General.--
(1) Amendment of plan.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Commerce
shall amend the fishery management plan for the Bering Sea/
Aleutian Islands King and Tanner Crabs for the Northern
Region (as that term is used in the plan) to authorize--
(A) an eligible entity holding processor quota shares to
elect on an annual basis to work together with other entities
holding processor quota shares and affiliated with such
eligible
[[Page H9216]]
entity through common ownership to combine any catcher vessel
quota shares for the Northern Region with their processor
quota shares and to exchange them for newly created catcher/
processor owner quota shares for the Northern Region; and
(B) an eligible entity holding catcher vessel quota shares
to elect on an annual basis to work together with other
entities holding catcher vessel quota shares and affiliated
with such eligible entity through common ownership to combine
any processor quota shares for the Northern Region with their
catcher vessel quota shares and to exchange them for newly
created catcher/processor owner quota shares for the Northern
Region.
(2) Eligibility and limitations.--
(A) The authority provided in paragraph (1)(A) shall--
(i)(I) apply only to an entity which was initially awarded
both catcher/processor owner quota shares, and processor
quota shares under the plan (in combination with the
processor quota shares of its commonly owned affiliates) of
less than 7 percent of the Bering Sea/Aleutian Island
processor quota shares; or
(II) apply only to an entity which was initially awarded
both catcher/processor owner quota shares under the plan and
processor quota shares under section 417(a) of the Coast
Guard and Maritime Transportation Act of 2006 (Public Law
109-241; 120 Stat. 546);
(ii) be limited to processor quota shares initially awarded
to such entities and their commonly owned affiliates under
the plan or section 417(a) of that Act; and
(iii) shall not exceed 1 million pounds per entity during
any calendar year.
(B) The authority provided in paragraph (1)(B) shall--
(i) apply only to an entity which was initially awarded
both catcher/processor owner quota shares, and processor
quota shares under the plan (in combination with the
processor quota shares of its commonly owned affiliates) of
more than 7 percent of the Bering Sea/Aleutian Island
processor quota shares;
(ii) be limited to catcher vessel quota shares initially
awarded to such entity and its commonly owned affiliates; and
(iii) shall not exceed 1 million pounds per entity during
any calendar year.
(3) Exchange rate.--The entities referred to in paragraph
(1) shall receive under the amendment 1 unit of newly created
catcher/processor owner quota shares in exchange for 1 unit
of catcher vessel owner quota shares and 0.9 units of
processor quota shares.
(4) Area of validity.--Each unit of newly created catcher/
processor owner quota shares under this subsection shall only
be valid for the Northern Region.
(b) Fees.--
(1) Local fees.--The holder of the newly created catcher/
processor owner quota shares under subsection (a) shall pay a
fee of 5 percent of the ex-vessel value of the crab harvested
pursuant to those shares to any local governmental entities
in the Northern Region if the processor quota shares used to
produce those newly created catcher/processor owner quota
shares were originally derived from the processing activities
that occurred in a community under the jurisdiction of those
local governmental entities.
(2) State fee.--The State of Alaska may collect from the
holder of the newly created catcher/processor owner quota
shares under subsection (a) a fee of 1 percent of the ex-
vessel value of the crab harvested pursuant to those shares.
(c) Off-loading Requirement.--Crab harvested pursuant to
catcher/processor owner quota shares created under this
subsection shall be off-loaded in those communities receiving
the local governmental entities fee revenue set forth in
subsection (b)(1).
(d) Periodic Council Review.--As part of its periodic
review of the plan, the North Pacific Fishery Management
Council may review the effect, if any, of this subsection
upon communities in the Northern Region. If the Council
determines that this section adversely affects the
communities, the Council may recommend to the Secretary of
Commerce, and the Secretary may approve, such changes to the
plan as are necessary to mitigate those adverse effects.
(e) Use Caps.--
(1) In general.--Notwithstanding sections 680.42(b)(ii)(2)
and 680.7(a)(ii)(7) of title 50, Code of Federal Regulations,
custom processing arrangements shall not count against any
use cap for the processing of opilio crab in the Northern
Region so long as such crab is processed in the Northern
Region by a shore-based crab processor.
(2) Shore-based crab processor defined.--In this paragraph,
the term ``shore-based crab processor'' means any person or
vessel that receives, purchases, or arranges to purchase
unprocessed crab, that is located on shore or moored within
the harbor.
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, which shall not require a fee before
January 1, 2011, shall provide for--
``(A) the registration (including identification and
contact information) of individuals who engage in
recreational fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery resources beyond the
Exclusive Economic Zone; and
``(B) if appropriate, the registration (including the
ownership, operator, and identification of the vessel) of
vessels used in such fishing.
``(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen and
charter fishing vessels licensed, permitted, or registered
under the laws of a State if the Secretary determines that
information from the State program is suitable for the
Secretary's use or is used to assist in completing marine
recreational fisheries statistical surveys, or evaluating the
effects of proposed conservation and management measures for
marine recreational fisheries.
``(3) Data collection.--
``(A) Improvement of the marine recreational fishery
statistics survey.--Within 24 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary, in
consultation with representatives of the recreational fishing
industry and experts in statistics, technology, and other
appropriate fields, shall establish a program to improve the
quality and accuracy of information generated by the Marine
Recreational Fishery Statistics Survey, with a goal of
achieving acceptable accuracy and utility for each individual
fishery.
``(B) NRC report recommendations.--The program shall take
into consideration and, to the extent feasible, implement the
recommendations of the National Research Council in its
report Review of Recreational Fisheries Survey Methods
(2006), including--
``(i) redesigning the Survey to improve the effectiveness
and appropriateness of sampling and estimation procedures,
its applicability to various kinds of management decisions,
and its usefulness for social and economic analyses; and
``(ii) providing for ongoing technical evaluation and
modification as needed to meet emerging management needs.
``(C) Methodology.--Unless the Secretary determines that
alternate methods will achieve this goal more efficiently and
effectively, the program shall, to the extent possible,
include--
``(i) an adequate number of intercepts to accurately
estimate recreational catch and effort;
``(ii) use of surveys that target anglers registered or
licensed at the State or Federal level to collect
participation and effort data;
``(iii) collection and analysis of vessel trip report data
from charter fishing vessels;
``(iv) development of a weather corrective factor that can
be applied to recreational catch and effort estimates; and
``(v) an independent committee composed of recreational
fishermen, academics, persons with expertise in stock
assessments and survey design, and appropriate personnel from
the National Marine Fisheries Service to review the
collection estimates, geographic, and other variables related
to dockside intercepts and to identify deficiencies in
recreational data collection, and possible correction
measures.
``(D) Deadline.--The Secretary shall complete the program
under this paragraph and implement the improved Marine
Recreational Fishery Statistics Survey not later than January
1, 2009.
``(4) Report.--Within 24 months after establishment of the
program, the Secretary shall submit a report to Congress that
describes the progress made toward achieving the goals and
objectives of the program.''.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended--
(1) by striking ``(a) Council Requests.--'' in the
subsection heading and inserting ``(a) Collection Programs.--
'';
(2) by resetting the text following ``(a) Collection
Programs.--'' as a new paragraph 2 ems from the left margin;
(3) by inserting ``(1) Council requests.--'' before ``If a
Council'';
(4) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
(5) by striking ``(other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations)'' each place it appears; and
(6) by adding at the end the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management
plan, or for determining whether a fishery is in need of
management, the Secretary may, by regulation, implement an
information collection or observer program requiring
submission of such additional information for the fishery.''.
SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is
amended--
(1) by redesignating paragraph (2) as paragraph (3) and
resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
``(b) Confidentiality of Information.--
``(1) Any information submitted to the Secretary, a State
fishery management agency, or a marine fisheries commission
by any person in compliance with the requirements of this Act
shall be confidential and shall not be disclosed except--
``(A) to Federal employees and Council employees who are
responsible for fishery management plan development,
monitoring, or enforcement;
``(B) to State or Marine Fisheries Commission employees as
necessary to further the Department's mission, subject to a
confidentiality agreement that prohibits public disclosure of
the identity of business of any person;
``(C) to State employees who are responsible for fishery
management plan enforcement, if the States employing those
employees have entered into a fishery enforcement agreement
with the Secretary and the agreement is in effect;
[[Page H9217]]
``(D) when required by court order;
``(E) when such information is used by State, Council, or
Marine Fisheries Commission employees to verify catch under a
limited access program, but only to the extent that such use
is consistent with subparagraph (B);
``(F) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for
in this subsection, and such release does not violate other
requirements of this Act;
``(G) when such information is required to be submitted to
the Secretary for any determination under a limited access
program; or
``(H) in support of homeland and national security
activities, including the Coast Guard's homeland security
missions as defined in section 888(a)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 468(a)(2)).
``(2) Any observer information shall be confidential and
shall not be disclosed, except in accordance with the
requirements of subparagraphs (A) through (H) of paragraph
(1), or--
``(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific Council
to allow disclosure to the public of weekly summary bycatch
information identified by vessel or for haul-specific bycatch
information without vessel identification;
``(B) when such information is necessary in proceedings to
adjudicate observer certifications; or
``(C) as authorized by any regulations issued under
paragraph (3) allowing the collection of observer
information, pursuant to a confidentiality agreement between
the observers, observer employers, and the Secretary
prohibiting disclosure of the information by the observers or
observer employers, in order--
``(i) to allow the sharing of observer information among
observers and between observers and observer employers as
necessary to train and prepare observers for deployments on
specific vessels; or
``(ii) to validate the accuracy of the observer information
collected.''; 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
119 of this Act, is further amended by adding at the end the
following:
``SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
``(a) In General.--The Secretary of Commerce, in
consultation with the Councils, shall establish a cooperative
research and management program to address needs identified
under this Act and under any other marine resource laws
enforced by the Secretary. The program shall be implemented
on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal
managers and scientists (including interstate fishery
commissions), fishing industry participants (including use of
commercial charter or recreational vessels for gathering
data), and educational institutions.
``(b) Eligible Projects.--The Secretary shall make funds
available under the program for the support of projects to
address critical needs identified by the Councils in
consultation with the Secretary. The program shall promote
and encourage efforts to utilize sources of data maintained
by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary
shall award funding on a competitive basis and based on
regional fishery management needs, select programs that form
part of a coherent program of research focused on solving
priority issues identified by the Councils, and shall give
priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing
vessels or acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch or
post-release mortality occurring in a fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality,
reduction of bycatch in high seas fisheries, and transfer of
such fishing technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental Permitting Process.--Not later than 180
days after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006, the Secretary, in consultation with the Councils, shall
promulgate regulations that create an expedited, uniform, and
regionally-based process to promote issuance, where
practicable, of experimental fishing permits.
``(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that
participation in a research project funded under this section
does not result in loss of a participant's catch history or
unexpended days-at-sea as part of a limited entry system.
``(f) Exempted Projects.--The procedures of this section
shall not apply to research funded by quota set-asides in a
fishery.''.
SEC. 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. 319. 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. 320. 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;
(6) improving data collection under the Marine Recreational
Fishery Statistics Survey in accordance with section
401(g)(3) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881(g)(3)); and
(7) 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 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 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 requirements of this Act or the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) other than those uses identified in this section.
[[Page H9218]]
SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE
PURPOSES.
Section 53706(a)(7) of title 46, United States Code, is
amended to read as follows:
``(7) Financing or refinancing--
``(A) the purchase of individual fishing quotas in
accordance with section 303(d)(4) of the Magnuson-Stevens
Fishery Conservation and Management Act (including the
reimbursement of obligors for expenditures previously made
for such a purchase) ;
``(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.''.
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 2006, the Secretary, in consultation
with the Councils, shall undertake and complete a study on
the state of the science for advancing the concepts and
integration of ecosystem considerations in regional fishery
management. The study should build upon the recommendations
of the advisory panel and include--
``(A) recommendations for scientific data, information and
technology requirements for understanding ecosystem
processes, and methods for integrating such information from
a variety of federal, state, and regional sources;
``(B) recommendations for processes for incorporating broad
stake holder participation;
``(C) recommendations for processes to account for effects
of environmental variation on fish stocks and fisheries; and
``(D) a description of existing and developing council
efforts to implement ecosystem approaches, including lessons
learned by the councils.
``(2) Agency Technical Advice and Assistance, Regional
Pilot Programs.--The Secretary is authorized to provide
necessary technical advice and assistance, including grants,
to the Councils for the development and design of regional
pilot programs that build upon the recommendations of the
advisory panel and, when completed, the study.''.
SEC. 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, subject to the availability of
appropriations, establish a program--
``(1) to identify existing research on, and known locations
of, deep sea corals and submit such information to the
appropriate Councils;
``(2) to locate and map locations of deep sea corals and
submit such information to the Councils;
``(3) to monitor activity in locations where deep sea
corals are known or likely to occur, based on best scientific
information available, including through underwater or remote
sensing technologies and submit such information to the
appropriate Councils;
``(4) to conduct research, including cooperative research
with fishing industry participants, on deep sea corals and
related species, and on survey methods;
``(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions
between fishing gear and deep sea corals; and
``(6) to prioritize program activities in areas where deep
sea corals are known to occur, and in areas where scientific
modeling or other methods predict deep sea corals are likely
to be present.
``(b) Reporting.--Beginning 1 year after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary, in
consultation with the Councils, shall submit biennial reports
to Congress and the public on steps taken by the Secretary to
identify, monitor, and protect deep sea coral areas,
including summaries of the results of mapping, research, and
data collection performed under the program.''.
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 COMMERCIAL AND RECREATION
FISHERY 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.
SEC. 214. NORTH PACIFIC FISHERIES CONVENTION.
Section 313 (16 U.S.C. 1862) is amended--
(1) by striking ``all fisheries under the Council's
jurisdiction except salmon fisheries'' in subsection (a) and
inserting ``any fishery under the Council's jurisdiction
except a salmon fishery'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) establishes a system, or system, of fees, which may
vary by fishery, management area, or observer coverage level,
to pay for the cost of implementing the plan.'';
(3) by striking ``observers'' in subsection (b)(2)(A) and
inserting ``observers, or electronic monitoring systems,'';
(4) by inserting ``a fixed amount reflecting actual
observer costs as described in subparagraph (A) or'' in
subsection (b)(2)(E) after ``expressed as'';
(5) by inserting ``some or'' in subsection (b)(2)(F) after
``against'';
(6) by inserting ``or an electronic monitoring system''
after ``observer'' in subsection (b)(2)(F);
(7) by striking ``and'' after the semicolon in subsection
(b)(2)(H); and
(8) by redesignating subparagraph (I) of subsection (b)(2)
as subparagraph (J) and inserting after subparagraph (H) the
following:
``(I) provide that fees collected will be credited against
any fee for stationing observers or electronic monitoring
systems on board fishing vessels and United States fish
processors and the actual cost of inputting collected data to
which a fishing vessel or fish processor is subject under
section 304(d) of this Act; and''.
SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.
(a) Review.--The Secretary of Commerce shall conduct a
unique, thorough examination of the potential impact on all
affected and interested parties of Framework 42 to the
Northeast Multispecies Fishery Management Plan.
(b) Report.--The Secretary shall report the Secretary's
findings under subsection (a) within 30 days after the date
of enactment of this Act. The Secretary shall include in the
report a detailed discussion of each of the following:
(1) The economic and social implications for affected
parties within the fishery, including potential losses to
infrastructure, expected from the imposition of Framework 42.
(2) The estimated average annual income generated by
fishermen in New England, separated by State and vessel size,
and the estimated annual income expected after the imposition
of Framework 42.
(3) Whether the differential days-at-sea counting imposed
by Framework 42 would result in a reduction in the number of
small vessels actively participating in the New England
Fishery.
(4) The percentage and approximate number of vessels in the
New England fishery, separated by State and vessel type, that
are incapable of fishing outside the areas designated in
Framework 42 for differential days-at-sea counting.
(5) The percentage of the annual groundfish catch in the
New England fishery that is harvested by small vessels.
(6) The current monetary value of groundfish permits in the
New England fishery and the actual impact that the potential
imposition of Framework 42 is having on such value.
(7) Whether permitting days-at-sea to be leased is altering
the market value for groundfish permits or days-at-sea in New
England.
(8) Whether there is a substantially high probability that
the biomass targets used as a basis for Amendment 13 remain
achievable.
(9) An identification of the year in which the biomass
targets used as a basis for Amendment 13 were last evident or
achieved, and the evidence used to determine such date.
(10) Any separate or non-fishing factors, including
environmental factors, that may be leading to a slower
rebuilding of groundfish than previously anticipated.
(11) The potential harm to the non-fishing environment and
ecosystem from the reduction in fishing resulting from
Framework 42 and the potential redevelopment of the coastal
land for other purposes, including potential for increases in
non-point source of pollution and other impacts.
[[Page H9219]]
SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.
The Mid-Atlantic Fishery Council, in consultation with the
New England Fishery Council, shall submit a report to the
Senate Committee on Commerce, Science, and Transportation
within 9 months after the date of enactment of this Act--
(1) describing the role of council liaisons between the
Mid-Atlantic and New England Councils, including an
explanation of council policies regarding the liaison's role
in Council decision-making since 1996;
(2) describing how management actions are taken regarding
the operational aspects of current joint fishery management
plans, and how such joint plans may undergo changes through
amendment or framework processes;
(3) evaluating the role of the New England Fishery Council
and the Mid-Atlantic Fishery Council liaisons in the
development and approval of management plans for fisheries in
which the liaisons or members of the non-controlling Council
have a demonstrated interest and significant current and
historical landings of species managed by either Council;
(4) evaluating the effectiveness of the various approaches
developed by the Councils to improve representation for
affected members of the non-controlling Council in Council
decision-making, such as use of liaisons, joint management
plans, and other policies, taking into account both the
procedural and conservation requirements of the Magnuson-
Stevens Fishery Conservation and Management Act; and
(5) analyzing characteristics of North Carolina and Florida
that supported their inclusion as voting members of more than
one Council and the extent to which those characteristics
support Rhode Island's inclusion on a second Council (the
Mid-Atlantic Council).
SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS WITH
POST- BACCALAUREATE DEGREES IN SUBJECTS RELATED
TO FISHERY SCIENCE.
(a) In General.--The Secretary of Commerce and the
Secretary of Education shall collaborate to conduct a study
of--
(1) whether there is a shortage in the number of
individuals with post-baccalaureate degrees in subjects
related to fishery science, including fishery oceanography,
fishery ecology, and fishery anthropology, who have the
ability to conduct high quality scientific research in
fishery stock assessment, fishery population dynamics, and
related fields, for government, non-profit, and private
sector entities;
(2) what Federal programs are available to help facilitate
the education of students hoping to pursue these degrees; and
(3) what institutions of higher education, the private
sector, and the Congress could do to try to increase the
number of individuals with such post-baccalaureate degrees.
(b) Report--.Not later than 8 months after the date of
enactment of this Act, the Secretaries of Commerce and
Education shall transmit a report to each committee of
Congress with jurisdiction over the programs referred to in
subsection (a), detailing the findings and recommendations of
the study under this section.
SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM.
Section 802 of Public Law 108-199 (118 Stat. 110) is
amended by striking ``2 years'' and inserting ``5 years''.
TITLE III--OTHER FISHERIES STATUTES
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.
(a) Civil Penalties.--Section 8(a) of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773f(a)) is amended--
(1) by striking ``$25,000'' and inserting ``$200,000'';
(2) by striking ``violation, the degree of culpability, and
history of prior offenses, ability to pay,'' in the fifth
sentence and inserting ``violator, the degree of culpability,
any history of prior offenses,''; and
(3) by adding at the end the following: ``In assessing such
penalty, the Secretary may also consider any information
provided by the violator relating to the ability of the
violator to pay if the information is provided to the
Secretary at least 30 days prior to an administrative
hearing.''.
(b) Permit Sanctions.--Section 8 of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773f) is amended by adding at
the end the following:
``(e) Revocation or Suspension of Permit.--
``(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
``(A) a vessel has been used in the commission of any act
prohibited under section 7;
``(B) the owner or operator of a vessel or any other person
who has been issued or has applied for a permit under this
Act has acted in violation of section 7; or
``(C) any amount in settlement of a civil forfeiture
imposed on a vessel or other property, or any civil penalty
or criminal fine imposed on a vessel or owner or operator of
a vessel or any other person who has been issued or has
applied for a permit under any marine resource law enforced
by the Secretary has not been paid and is overdue.
``(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
``(A) revoke any permit issued with respect to such vessel
or person, with or without prejudice to the issuance of
subsequent permits;
``(B) suspend such permit for a period of time considered
by the Secretary to be appropriate;
``(C) deny such permit; or
``(D) impose additional conditions and restrictions on any
permit issued to or applied for by such vessel or person
under this Act and, with respect to any foreign fishing
vessel, on the approved application of the foreign nation
involved and on any permit issued under that application.
``(3) Factors To Be Considered.--In imposing a sanction
under this subsection, the Secretary shall take into
account--
``(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such other
matters as justice may require.
``(4) Transfers of ownership.--Transfer of ownership of a
vessel, a permit, or any interest in a permit, by sale or
otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel,
permit, or interest in a permit, by sale or otherwise, the
owner shall disclose in writing to the prospective transferee
the existence of any permit sanction that will be in effect
or pending with respect to the vessel, permit, or interest at
the time of the transfer.
``(5) Reinstatement.--In the case of any permit that is
suspended under this subsection for nonpayment of a civil
penalty, criminal fine, or any amount in settlement of a
civil forfeiture, the Secretary shall reinstate the permit
upon payment of the penalty, fine, or settlement amount and
interest thereon at the prevailing rate.
``(6) Hearing.--No sanction shall be imposed under this
subsection unless there has been prior opportunity for a
hearing on the facts underlying the violation for which the
sanction is imposed either in conjunction with a civil
penalty proceeding under this section or otherwise.
``(7) Permit defined.--In this subsection, the term
`permit' means any license, certificate, approval,
registration, charter, membership, exemption, or other form
of permission issued by the Commission or the Secretary, and
includes any quota share or other transferable quota issued
by the Secretary.''.
(c) Criminal Penalties.--Section 9(b) of the Northern
Pacific Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
(1) by striking ``$50,000'' and inserting ``$200,000''; and
(2) by striking ``$100,000,'' and inserting ``$400,000,''.
SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) Atlantic Striped Bass Conservation Act.--Section 7(a)
of the Atlantic Striped Bass Conservation Act (16 U.S.C.
5156(a)) is amended to read as follows:
``(a) Authorization.--For each of fiscal years 2007, 2008,
2009, 2010, 2011, there are authorized to be appropriated to
carry out this Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the
Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by
striking ``$4,000,000 for each of fiscal years 2004 through
2008,'' and inserting ``$4,000,000 for each of fiscal years
2007 through 2011''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark
Finning Prohibition Act (16 U.S.C. 1822 note) is amended by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2007 through 2011''.
(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, enacted into law by section 1000(a)(1) of
the Act of November 29, 1999 (Public Law 106-113), and
amended by Public Law 106-533 (114 Stat. 2762A-108)--
(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) Reauthorization.--Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by paragraph (1), is
amended--
(1) by inserting ``sustainable salmon fisheries,'' after
``enhancement,'';
(2) by inserting ``2005, 2006, 2007, 2008, and 2009,''
after ``2003,''; and
(3) by inserting ``Idaho,'' after ``Oregon,''.
(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.''.
(f) Pacific Fishery Management Council.--
(1) In General.--The Pacific Fishery Management Council
shall develop a proposal for the appropriate rationalization
program for the Pacific trawl groundfish and whiting
fisheries, including the shore-based sector of the Pacific
whiting fishery under its jurisdiction. The proposal may
include only the Pacific whiting fishery, including the
shore-based sector, if the Pacific Council determines that a
rationalization plan for the fishery as a whole cannot be
achieved before the report is required to be submitted under
paragraph (3).
[[Page H9220]]
(2) Required analysis.--In developing the proposal to
rationalize the fishery, the Pacific Council shall fully
analyze alternative program designs, including the allocation
of limited access privileges to harvest fish to fishermen and
processors working together in regional fishery associations
or some other cooperative manner to harvest and process the
fish, as well as the effects of these program designs and
allocations on competition and conservation. The analysis
shall include an assessment of the impact of the proposal on
conservation and the economics of communities, fishermen, and
processors participating in the trawl groundfish fisheries,
including the shore-based sector of the Pacific whiting
fishery.
(3) Report.--The Pacific Council shall submit the proposal
and related analysis to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources no later than 24 months after the date
of enactment of this Act.
(g) Reauthorization of the Interjurisdictional Fisheries
Act of 1986.-- Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for apportionment
to carry out the purposes of this title $5,000,000 for each
of fiscal years 2007 through 2012.''; and
(2) by striking ``$850,000 for each of fiscal years 2003
and 2004, and $900,000 for each of fiscal years 2005 and
2006'' in subsection (c) and inserting ``$900,000 for each of
fiscal years 2007 through 2012''.
(h) Reauthorization and amendment of the Anadromous Fish
Conservation Act.--Section 4 of the Anadromous Fish
Conservation Act (16 U.S.C. 757d) is amended to read as
follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
purposes of this Act not to exceed $4,500,000 for each of
fiscal years 2007 through 2012.''.
(i) Reauthorization of the Northwest Atlantic Fisheries
Convention Act OF 1995.--Section 211 of the Northwest
Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5610) is
amended by striking ``2006'' and inserting ``2012''.
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 2006, and
every 2 years thereafter, a report that includes--
``(1) the state of knowledge on the status of international
living marine resources shared by the United States or
subject to treaties or agreements to which the United States
is a party, including a list of all such fish stocks
classified as overfished, overexploited, depleted,
endangered, or threatened with extinction by any
international or other authority charged with management or
conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under sections 609(a) or 610(a), including the specific
offending activities and any subsequent actions taken
pursuant to section 609 or 610;
``(3) a description of efforts taken by nations on those
lists to comply take appropriate corrective action consistent
with 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, consistent with
section 608, to strengthen the efforts of international
fishery management organizations to end illegal, unreported,
or unregulated fishing; and
``(5) steps taken by the Secretary at the international
level to adopt 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 and any relevant advisory committees, 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 market-related measures
against member or nonmember governments whose vessels engage
in illegal, unreported, or unregulated fishing;
``(B) to seek adoption of lists that identify fishing
vessels and vessel owners engaged in illegal, unreported, or
unregulated fishing that can be shared among all members and
other international fishery management organizations;
``(C) to seek international adoption of a centralized
vessel monitoring system in order to monitor and document
capacity in fleets of all nations involved in fishing in
areas under 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 stronger port state controls in
all nations, particularly those nations in whose ports
vessels engaged in illegal, unreported, or unregulated
fishing land or transship fish;
``(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 fishing
vessels of that nation are engaged, or have been engaged at
any point during the preceding 2 years, in illegal,
unreported, or unregulated fishing; and--
``(1) 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
[[Page H9221]]
``(2) where no international fishery management
organization exists with a mandate to regulate the fishing
activity in question.
``(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, acting
through 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, for determining if
a nation identified under subsection (a) and listed in the
report under section 607 has taken appropriate corrective
action with respect to the offending activities of its
fishing vessels identified in the report under section 607.
The certification procedure shall provide for notice and an
opportunity for comment by any such nation. 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 (a) 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.--
``(A) In general.--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))--
``(i) 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
``(ii) shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a positive
certification under this subsection.
``(B) Exceptions.--Subparagraph (A)(i) does not apply--
``(i) to the extent that such provisions would apply to
sport fishing equipment or to fish or fish products not
managed under the applicable international fishery agreement;
or
``(ii) if there is no applicable international fishery
agreement, to the extent that such provisions would apply to
fish or fish products caught by vessels not engaged in
illegal, unreported, or unregulated fishing.
``(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 2006, the Secretary shall publish a
definition of the term `illegal, unreported, or unregulated
fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation and
management measures required under an international fishery
management agreement to which the United States is a party,
including catch limits or quotas, capacity restrictions, and
bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the United
States, for which there are no applicable international
conservation or management measures or in areas with no
applicable international fishery management organization or
agreement, that has adverse impacts on such stocks; and
``(C) fishing activity that has an adverse impact on
seamounts, hydrothermal vents, and cold water corals located
beyond national jurisdiction, for which there are no
applicable conservation or management measures or in areas
with no applicable international fishery management
organization or agreement.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for fiscal
years 2007 through 2013 such sums as are necessary to carry
out this section.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and
list in the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices;
``(A) in waters beyond any national jurisdiction that
result in bycatch of a protected living marine resource; or
``(B) beyond the exclusive economic zone of the United
States that result in bycatch of a protected living marine
resource shared by the United States;
``(2) the relevant international organization for the
conservation and protection of such resources or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce such bycatch,
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 designed to end or reduce
such bycatch that is comparable to that 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 provisions of this section and
this Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged in, fishing activities or
practices described in subsection (a), for the purpose of
entering into bilateral and multilateral treaties with such
countries to protect such species;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such
treaty consistent with the purposes and policies of this
section.
``(c) Conservation Certification Procedure.--
``(1) Determination.--The Secretary shall establish a
procedure consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, for determining
whether the government of a harvesting nation identified
under subsection (a) and listed in the report under section
607--
``(A) has provided documentary evidence of the adoption of
a regulatory program governing the conservation of the
protected living marine resource 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) Procedural requirement.--The procedure established by
the Secretary under paragraph (1) shall include notice and
opportunity for comment by any such nation.
``(3) Certification.--The Secretary shall certify to the
Congress by January 31, 2007, and biennially thereafter
whether each such nation has provided the documentary
evidence described in paragraph (1)(A) and established a
management plan described in paragraph (1)(B).
``(4) 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 (3) 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.
``(5) 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)) (except to the extent that such
provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing) 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;
[[Page H9222]]
``(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
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 2007 through 2013 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) $5,770,000 for each of fiscal years 2007 and 2008;
``(2) $6,058,000 for each of fiscal years 2009 and 2010;
and
``(3) $6,361,000 for each of fiscal years 2011 and 2013.
``(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''.
(c) Sense of Congress Regarding Fish Habitat.--Section 3 of
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a) is
amended by adding at the end the following:
``(e) Sense of Congress Regarding Fish Habitat.--It is the
sense of the Congress that the United States Commissioners
should seek to include ecosystem considerations in fisheries
management, including the conservation of fish habitat.'.
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) International Overfishing.--Section 304 (16 U.S.C.
1854) is amended by adding at the end thereof the following:
``(i) International Overfishing.--The provisions of this
subsection shall apply in lieu of subsection (e) to a fishery
that the Secretary determines is overfished or approaching a
condition of being overfished due to excessive international
fishing pressure, and for which there are no management
measures to end overfishing under an international agreement
to which the United States is a party. For such fisheries--
``(1) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the
international level to end the overfishing; and
``(2) within 1 year after the Secretary's determination,
the appropriate Council, or Secretary, for fisheries under
section 302(a)(3) shall--
``(A) develop recommendations for domestic regulations to
address the relative impact of fishing vessels of the United
States on the stock and, if developed by a Council, the
Council shall submit such recommendations to the Secretary;
and
``(B) develop and submit recommendations to the Secretary
of State, and to the Congress, for international actions that
will end overfishing in the fishery and rebuild the affected
stocks, taking into account the relative impact of vessels of
other nations and vessels of the United States on the
relevant stock.''.
(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,''.
SEC. 407. UNITED STATES CATCH HISTORY.
In establishing catch allocations under international
fisheries agreements, the Secretary, in consultation with the
Secretary of the Department in which the Coast Guard is
operating, and the Secretary of State, shall ensure that all
catch history associated with a vessel of the United States
remains with the United States and is not transferred or
credited to any other nation or vessel of such nation,
including when a vessel of the United States is sold or
transferred to a citizen of another nation or to an entity
controlled by citizens of another nation.
SEC. 408. SECRETARIAL REPRESENTATIVE FOR INTERNATIONAL
FISHERIES.
(a) In General.--The Secretary, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere, shall
designate a Senate-confirmed, senior official within the
National Oceanic and Atmospheric Administration to perform
the duties of the Secretary with respect to international
agreements involving fisheries and other living marine
resources, including policy development and representation as
a U.S. Commissioner, under any such international agreements.
(b) Advice.--The designated official shall, in consultation
with the Deputy Assistant Secretary for International Affairs
and the Administrator of the National Marine Fisheries
Service, advise the Secretary, Undersecretary of Commerce for
Oceans and Atmosphere, and other senior officials of the
Department of Commerce and the National Oceanic and
Atmospheric Administration on development of policy on
international fisheries conservation and management matters.
(c) Consultation.--The designated official shall consult
with the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Resources on
matters pertaining to any regional or international
negotiation concerning living marine resources, including
shellfish.
(d) Delegation.--The designated official may delegate and
authorize successive re-delegation of such functions, powers,
and duties to such officers and employees of the National
Oceanic and Atmospheric Administration as deemed necessary to
discharge the responsibility of the Office.
(e) Effective Date.--This section shall take effect on
January 1, 2009.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Western and Central
Pacific Fisheries Convention Implementation Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) 1982 Convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) Agreement.--The term ``Agreement'' means the Agreement
for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific
Ocean established in accordance with this Convention.
(4) Convention area.--The term ``convention area'' means
all waters of the Pacific Ocean bounded to the south and to
the east by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th
parallel of south latitude to its intersection with the 150th
meridian of east longitude; thence due south along the 150th
meridian of east longitude to its intersection with the 60th
parallel of south latitude; thence due east along the 60th
parallel of south latitude to its intersection with the 130th
meridian of west longitude; thence due north along the 130th
meridian of west longitude to its intersection with the 4th
parallel of south latitude; thence due west along the 4th
parallel of south latitude to its intersection with the 150th
meridian of west longitude; thence due north along the 150th
meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential
Proclamation Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means:
(A) searching for, catching, taking, or harvesting fish.
[[Page H9223]]
(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, except sauries,
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) WCPFC convention; western and central pacific
convention.--The terms ``WCPFC 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, (including
any annexes, amendments, or protocols which are in force, or
have come into force, for the United States) 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 and the 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) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States
Code; and
(C) 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 Secretary of Commerce in consultation with 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. 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.
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 be considered Federal employees while performing
service as members of an advisory committee only for purposes
of--
(I) injury compensation under chapter 81 of title 5, United
States Code;
(II) requirements concerning ethics, conflicts-of-interest,
and corruption, as provided by title 18, United States Code;
and
(III) any other criminal or civil statute or regulation
governing the conduct of Federal employees in their capacity
as Federal employees.
(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 clarifies the role
of the relevant Council or Councils with respect to--
(1) participation in United States delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States
delegation for presentation to the appropriate international
fishery organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)
SEC. 504. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary 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 State and, with respect to
enforcement measures, the Secretary of the Department in
which the Coast Guard is operating, is authorized to
promulgate such regulations as may be necessary to carry out
the United States international obligations under the WCPFC
Convention and this title, including recommendations
[[Page H9224]]
and decisions adopted by the Commission. In cases where the
Secretary has discretion in the implementation of one or more
measures adopted by the Commission that would govern
fisheries under the authority of a Regional Fishery
Management Council, the Secretary may, to the extent
practicable within the implementation schedule of the WCPFC
Convention and any recommendations and decisions adopted by
the Commission, 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 all
vessels and persons subject to the jurisdiction of the United
States, including United States flag vessels wherever they
may be operating, on such date as the Secretary shall
prescribe.
SEC. 506. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise
provided for in this Act;
(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) if recommended by the United States Commissioners or
proposed by a Council with authority over the relevant
fishery, assess and collect fees, not to exceed three percent
of the ex-vessel value of fish harvested by vessels of the
United States in fisheries managed pursuant to this title, to
recover the actual costs to the United States of management
and enforcement under this title, 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, under such terms and
conditions as the Secretary may prescribe, and shall remain
valid for a period to be determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall
ensure the consistency, to the extent practicable, of fishery
management programs administered under this Act, the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), the Tuna Conventions Act (16 U.S.C. 951
et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et seq.),
section 401 of Public Law 108-219 (16 U.S.C. 1821 note)
(relating to Pacific albacore tuna), and the Atlantic Tunas
Convention Act (16 U.S.C. 971).
(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) Confidentiality.--
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and shall not be disclosed, except--
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with requirements in
the Convention and decisions of the Commission, and, insofar
as possible, in accordance with an agreement with the
Commission that prevents public disclosure of the identity or
business of any person;
(C) to State or Marine Fisheries Commission employees
pursuant to an agreement with the Secretary that prevents
public disclosure of the identity or business or any person;
(D) when required by court order; or
(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.
(2) Use of information.--The Secretary shall, by
regulation, prescribe such procedures as may be necessary to
preserve the confidentiality of information submitted in
compliance with any requirement or regulation under this Act,
except that the Secretary may release or make public any such
information in any aggregate or summary form that does not
directly or indirectly disclose the identity or business of
any person. Nothing in this subsection shall be interpreted
or construed to prevent the use for conservation and
management purposes by the Secretary of any information
submitted in compliance with any requirement or regulation
under this Act.
SEC. 507. PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any
regulation or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, on an
applicable permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
the provisions of this title to board a fishing vessel
subject to such person's control for the purposes of
conducting any search, investigation, or inspection in
connection with the enforcement of this title or any
regulation, permit, or the Convention;
(4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigations, or inspection in
connection with the enforcement of this title or any
regulation, permit, or the Convention;
(5) to resist a lawful arrest for any act prohibited by
this title;
(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of,
any fish taken or retained in violation of this title or any
regulation, permit, or agreement referred to in paragraph (1)
or (2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any chapter prohibited by this
section;
(8) to knowingly and willfully submit to the Secretary
false information (including false information regarding the
capacity and extent to which a United States fish processor,
on an annual basis, will process a portion of the optimum
yield of a fishery that will be harvested by fishery vessels
of the United States), regarding any matter that the
Secretary is considering in the course of carrying out this
title;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this title, or any data collector
employed by the National Marine Fisheries Service or under
contract to any person to carry out responsibilities under
this title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 506(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control
any fish taken or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept,
or furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the
United States;
(14) to import, in violation of any regulation adopted
pursuant to section 506(a) of this title, any fish in any
form of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any tuna in any form not under regulation but under
investigation by the Commission, during the period such fish
have been denied entry in accordance with the provisions of
section 506(a) of this title.
(b) Entry Certification.--In the case of any fish described
in subsection (a) offered for entry into the United States,
the Secretary of Commerce shall require proof satisfactory to
the Secretary that such fish is not ineligible for such entry
under the terms of section 506(a) of this title.
SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with agencies of
the United States government, any public or private
institutions or organizations within the United States or
abroad, and, through the Secretary of State, the duly
authorized officials of the government of any party to the
WCPFC Convention, in carrying out responsibilities under this
title.
(b) Scientific and Other Programs; Facilities and
Personnel.--All Federal agencies are authorized, upon the
request of the Secretary, 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.
(c) Sanctioned Fishing Operations and Biological
Experiments.--Nothing in this title, or in the laws or
regulations of any State, prevents the Secretary or the
Commission from--
(1) conducting or authorizing the conduct of fishing
operations and biological experiments at any time for
purposes of scientific investigation; or
(2) discharging any other duties prescribed by the WCPFC
Convention.
(d) State Jurisdiction Not Affected.--Except as provided in
subsection (e) of this section, nothing in this title shall
be construed to diminish or to increase the jurisdiction of
any State in the territorial sea of the United States.
(e) Application of Regulations--
(1) In general.--Regulations promulgated under section
506(a) of this title shall apply within the boundaries of any
State bordering on the Convention area if the Secretary has
provided notice to such State, the State does not request an
agency hearing, and the Secretary determines that the State--
(A) has not, within a reasonable period of time after the
promulgation of regulations pursuant to this title, enacted
laws or promulgated regulations that implement the
recommendations of the Commission within the boundaries of
such State; or
(B) has enacted laws or promulgated regulations that
implement the recommendations of
[[Page H9225]]
the commission within the boundaries of such State that--
(i) are less restrictive that the regulations promulgated
under section 506(a) of this title; or
(ii) are not effectively enforced.
(2) Determination by secretary.--The regulations
promulgated pursuant to section 506(a) of this title shall
apply until the Secretary determines that the State is
effectively enforcing within its boundaries measures that are
not less restrictive than the regulations promulgated under
section 506(a) of this title.
(3) Hearing.--If a State requests a formal agency hearing,
the Secretary shall not apply the regulations promulgated
pursuant section 506(a) of this title within that State's
boundaries unless the hearing record supports a determination
under paragraph (1)(A) or (B).
(f) Review of State Laws and Regulations.--To ensure that
the purposes of subsection (e) are carried out, the Secretary
shall undertake a continuing review of the laws and
regulations of all States to which subsection (e) applies or
may apply and the extent to which such laws and regulations
are enforced.
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. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing
for species under the management authority of the Western and
Central Pacific Fisheries Convention that do not carry vessel
monitoring systems capable of communicating with United
States enforcement authorities shall, prior to, or as soon as
reasonably possible after, entering and transiting the
Exclusive Economic Zone seaward of Hawaii and of the
Commonwealths, territories, and possessions of the United
States in the Pacific Ocean area--
(1) notify the United States Coast Guard or the National
Marine Fisheries Service Office of Law Enforcement in the
appropriate region of the name, flag state, location, route,
and destination of the vessel and of the circumstances under
which it will enter United States waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place where
it is normally used for fishing and placed where it is not
readily available for fishing; and
(3) where requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be
conducted.
SEC. 511. 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
2006''.
SEC. 602. DEFINITIONS.
In this title:
(1) Advisory panel.--The term ``advisory panel'' means the
Advisory Panel on Pacific Hake/Whiting established by the
Agreement.
(2) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States and the
Government of Canada on Pacific Hake/Whiting, signed at
Seattle, Washington, on November 21, 2003.
(3) Catch.--The term ``catch'' means all fishery removals
from the offshore whiting resource, including landings,
discards, and bycatch in other fisheries.
(4) Joint management committee.--The term ``joint
management committee'' means the joint management committee
established by the Agreement.
(5) Joint technical committee.--The term ``joint technical
committee'' means the joint technical committee established
by the Agreement.
(6) Offshore whiting resource.--The term ``offshore whiting
resource'' means the transboundary stock of Merluccius
productus that is located in the offshore waters of the
United States and Canada except in Puget Sound and the Strait
of Georgia.
(7) Scientific review group.--The term ``scientific review
group'' means the scientific review group established by the
Agreement.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) United states section.--The term ``United States
Section'' means the United States representatives on the
joint management committee.
SEC. 603. UNITED STATES REPRESENTATION ON JOINT MANAGEMENT
COMMITTEE.
(a) Representatives.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent
the United States as the United States Section on the joint
management committee. In making the appointments, the
Secretary shall select representatives from among individuals
who are knowledgeable or experienced concerning the offshore
whiting resource. Of these--
(A) 1 shall be an official of the National Oceanic and
Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery Management
Council, appointed with consideration given to any
recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by the
treaty Indian tribes with treaty fishing rights to the
offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector of the
whiting fishing industry concerned with the offshore whiting
resource.
(2) Term of office.--Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed 4
years, except that, of the initial appointments, 2
representatives shall be appointed for terms of 2 years. Any
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term. A representative may be appointed for a term of less
than 4 years if such term is necessary to ensure that the
term of office of not more than 2 representatives will expire
in any single year. An individual appointed to serve as a
representative is eligible for reappointment.
(3) Chair.--Unless otherwise agreed by all of the 4
representatives, the chair shall rotate annually among the 4
members, with the order of rotation determined by lot at the
first meeting.
(b) Alternate Representatives.--The Secretary, in
consultation with the Secretary of State, may designate
alternate representatives of the United States to serve on
the joint management committee. An alternative representative
may exercise, at any meeting of the committee, all the powers
and duties of a representative in the absence of a duly
designated representative for whatever reason.
SEC. 604. UNITED STATES REPRESENTATION ON THE SCIENTIFIC
REVIEW GROUP.
(a) In General.--The Secretary, in consultation with the
Secretary of State, shall appoint no more than 2 scientific
experts to serve on the scientific review group. An
individual shall not be eligible to serve on the scientific
review group while serving on the joint technical committee.
(b) Term.--An individual appointed under subsection (a)
shall be appointed for a term of not to exceed 4 years, but
shall be eligible for reappointment. An individual appointed
to fill a vacancy occurring prior to the expiration of a term
of office of that individual's predecessor shall be appointed
to serve for the remainder of that term.
(c) Joint Appointments.--In addition to individuals
appointed under subsection (a), the Secretary, jointly with
the Government of Canada, may appoint to the scientific
review group, from a list of names provided by the advisory
panel--
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL
COMMITTEE.
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more
than 12 individuals to serve as scientific experts on the
joint technical committee, at least 1 of whom shall be an
official of the National Oceanic and Atmospheric
Administration.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed
4 years, but shall be eligible for reappointment. An
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term.
(b) Independent Member.--In addition to individuals
appointed under subsection (a), the Secretary, jointly with
the Government of Canada, shall appoint 1 independent member
to the joint technical committee selected from a list of
names provided by the advisory panel.
SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.
(a) In General.--
(1) Appointment.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more
than 12 individuals to serve as members of the advisory
panel, selected from among individuals who are--
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or research
of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to exceed
4 years, but shall be eligible for reappointment. An
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that
term.
SEC. 607. RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary is responsible for carrying
out the Agreement and this title, including the authority, to
be exercised in consultation with the Secretary of State, to
accept or reject, on behalf of the United States,
recommendations made by the joint management committee.
(b) Regulations; Cooperation With Canadian Officials.--In
exercising responsibilities under this title, the Secretary--
(1) may promulgate such regulations as may be necessary to
carry out the purposes and objectives of the Agreement and
this title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 608. RULEMAKING.
(a) Application With Magnuson-Stevens Act.--The Secretary
shall establish the United States catch level for Pacific
whiting according to the standards and procedures of the
Agreement and this title rather than under the standards and
procedures of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), except to the extent
necessary to address the rebuilding needs of other species.
Except for establishing the catch level, all other aspects of
Pacific whiting management shall be--
(1) subject to the Magnuson-Stevens Fishery Conservation
and Management Act; and
(2) consistent with this title.
[[Page H9226]]
(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 appointed under section
603, 604, 605, or 606 of this title who are 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) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States
Code; and
(3) 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.
TITLE VII--MISCELLANEOUS
SEC. 701. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT
ON FISHERIES.
The Secretary of Commerce shall request the National
Research Council to conduct a study of the acidification of
the oceans and how this process affects the United States.
SEC. 702. RULE OF CONSTRUCTION.
(a) In General.--Title VI of Public Law 109-295is amended
by adding at the end the following:
``SEC. 699A. RULE OF CONSTRUCTION.
``Nothing in this title, including the amendments made by
this title, may be construed to reduce or otherwise limit the
authority of the Department of Commerce or the Federal
Communications Commission.''.
(b) Effective Date.--The amendment made by this section
shall take effect as though enacted as part of the Department
of Homeland Security Appropriations Act, 2007 (Public Law
109-295).
SEC. 703. PUGET SOUND REGIONAL SHELLFISH SETTLEMENT.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the Tribes have established treaty rights to take
shellfish from public and private tidelands in Washington
State, including from some lands owned, leased, or otherwise
subject to harvest by commercial shellfish growers;
(B) the district court that adjudicated the Tribes' treaty
rights to take shellfish found that the growers are innocent
purchasers who had no notice of the Tribes' fishing right
when they acquired their properties;
(C) numerous unresolved issues remain outstanding regarding
implementation of the Tribes' treaty right to take shellfish
from lands owned, leased, or otherwise subject to harvest by
the growers;
(D) the Tribes, the growers, the State of Washington, and
the United States Department of the Interior have resolved by
a settlement agreement many of the disputes between and among
them regarding implementation of the Tribes' treaty right to
take shellfish from covered tidelands owned or leased by the
growers;
(E) the settlement agreement does not provide for
resolution of any claims to take shellfish from lands owned
or leased by the growers that potentially may be brought in
the future by other Tribes;
(F) in the absence of congressional actions, the prospect
of other Tribes claims to take shellfish from lands owned or
leased by the growers could be pursued through the courts, a
process which in all likelihood could consume many years and
thereby promote uncertainty in the State of Washington and
the growers and to the ultimate detriment of both the Tribes
and other Tribes and their members;
(G) in order to avoid this uncertainty, it is the intent of
Congress that other Tribes have the option of resolving their
claims, if any, to a treaty right to take shellfish from
covered tidelands owned or leased by the growers; and
(H) this Act represents a good faith effort on the part of
Congress to extend to other Tribes the same fair and just
option of resolving their claims to take shellfish from
covered tidelands owned or leased by the growers that the
Tribes have agreed to in the settlement agreement.
(2) Purpose.--The purposes of this section are--
(A) to approve, ratify, and confirm the settlement
agreement entered into by and among the Tribes, commercial
shellfish growers, the State of Washington, and the United
States;
(B) to provide other Tribes with a fair and just resolution
of any claims to take shellfish from covered tidelands, as
that term is defined in the settlement agreement, that
potentially could be brought in the future by other Tribes;
and
(C) to authorize the Secretary to implement the terms and
conditions of the settlement agreement and this section.
(b) Approval of settlement agreement.--
(1) In general.--The settlement agreement is hereby
approved, ratified, and confirmed, and section 6 of the
settlement agreement, Release of Claims, is specifically
adopted and incorporated into this section as if fully set
forth herein.
(2) Authorization for implementation.--The Secretary is
hereby authorized to implement the terms and conditions of
the settlement agreement in accordance with the settlement
agreement and this section.
(c) Fund, Special Holding Account, and Conditions.--
(1) Puget sound regional shellfish settlement trust fund.--
(A) There is hereby established in the Treasury of the
United States an account to be designated as the ``Puget
Sound Regional Shellfish Settlement Trust Fund''. The
Secretary shall deposit funds in the amount of $22,000,000 at
such time as appropriated pursuant to this section into the
Fund.
(B) The Fund shall be maintained and invested by the
Secretary of the Interior pursuant to the Act of June 24,
1938, (25 U.S.C. 162a) until such time as all monies are
transferred from the Fund.
(C) The Secretary shall transfer monies held in the Fund to
each Tribe of the Tribes in the amounts and manner specified
by and in accordance with the payment agreement established
pursuant to the settlement agreement and this section.
(2) Puget sound regional shellfish settlement special
holding account.--
(A) There is hereby established in the Treasury of the
United States a fund to be designated as the ``Puget Sound
Regional Shellfish Settlement Special Holding Account''. The
Secretary shall deposit funds in the amount of $1,500,000
into the Special Holding Account in fiscal year
[[Page H9227]]
2011 at such time as such funds are appropriated pursuant to
this section.
(B) The Special Holding Account shall be maintained and
invested by the Secretary of the Interior pursuant to the Act
of June 24, 1938, (25 U.S.C. 162a) until such time as all
monies are transferred from the Special Holding Account.
(C) If a court of competent jurisdiction renders a final
decision declaring that any of the other Tribes has an
established treaty right to take or harvest shellfish in
covered tidelands, as that term is defined in the settlement
agreement, and such tribe opts to accept a share of the
Special Holding Account, rather than litigate this claim
against the growers, the Secretary shall transfer the
appropriate share of the monies held in the Special Holding
Account to each such tribe of the other Tribes in the amounts
appropriate to compensate the other Tribes in the same manner
and for the same purposes as the Tribes who are signatory to
the settlement agreement. Such a transfer to a tribe shall
constitute full and complete satisfaction of that tribe's
claims to shellfish on the covered tidelands.
(D) The Secretary may retain such amounts of the Special
Holding Account as necessary to provide for additional tribes
that may judicially establish their rights to take shellfish
in the covered tidelands within the term of that Account,
provided that the Secretary pays the remaining balance to the
other Tribes prior to the expiration of the term of the
Special Holding Account.
(E) The Tribes shall have no interest, possessory or
otherwise, in the Special Holding Account.
(F) Twenty years after the deposit of funds into the
Special Holding Account, the Secretary shall close the
Account and transfer the balance of any funds held in the
Special Holding Account at that time to the Treasury.
However, the Secretary may continue to maintain the Special
Holding Account in order to resolve the claim of an Other
Tribe that has notified the Secretary in writing within the
20-year term of that Tribe's interest in resolving its claim
in the manner provided for in this section.
(G) It is the intent of Congress that the other Tribes, if
any, shall have the option of agreeing to similar rights and
responsibilities as the Tribes that are signatories to the
settlement agreement, if they opt not to litigate against the
growers.
(3) Annual report.--Each tribe of the Tribes, or any of the
other Tribes accepting a settlement of its claims to
shellfish on covered lands pursuant to paragraph (2)(C),
shall submit to the Secretary an annual report that describes
all expenditures made with monies withdrawn from the Fund or
Special Holding Account during the year covered by the
report.
(4) Judicial and administrative action.--The Secretary may
take judicial or administrative action to ensure that any
monies withdrawn from the Fund or Special Holding Account are
used in accordance with the purposes described in the
settlement agreement and this section.
(5) Clarification of trust responsibility.--Beginning on
the date that monies are transferred to a tribe of the Tribes
or a tribe of the other Tribes pursuant to this section, any
trust responsibility or liability of the United States with
respect to the expenditure or investment of the monies
withdrawn shall cease.
(d) State of Washington Payment.--The Secretary shall not
be accountable for nor incur any liability for the
collection, deposit, management or nonpayment of the State of
Washington payment of $11,000,000 to the Tribes pursuant to
the settlement agreement.
(e) Release of Other Tribes Claims.--
(1) Right to bring actions.--As of the date of enactment of
this section, all right of any other Tribes to bring an
action to enforce or exercise its treaty rights to take
shellfish from public and private tidelands in Washington
State, including from some lands owned, leased, or otherwise
subject to harvest by any and all growers shall be determined
in accordance with the decisions of the Courts of the United
States in United States v. Washington, Civ. No. 9213 (Western
District of Washington).
(2) Certain rights governed by this section.--If a tribe
falling within the other Tribes category opts to resolve its
claims to take shellfish from covered tidelands owned or
leased by the growers pursuant to subsection (c)(2)(C) of
this section, that tribe's rights shall be governed by this
section, as well as by the decisions of the Courts in United
States v. Washington, Civ. No. 9213.
(3) No breach of trust.--Notwithstanding whether the United
States has a duty to initiate such an action, the failure or
declination by the United States to initiate any action to
enforce any other Tribe's or other Tribes' treaty rights to
take shellfish from public and private tidelands in
Washington State, including from covered tidelands owned,
leased, or otherwise subject to harvest by any and all
growers shall not constitute a breach of trust by the United
States or be compensable to other Tribes.
(f) Cause of Action.--If any payment by the United States
is not paid in the amount or manner specified by this
section, or is not paid within 6 months after the date
specified by the settlement agreement, such failure shall
give rise to a cause of action by the Tribes either
individually or collectively against the United States for
money damages for the amount authorized but not paid to the
Tribes, and the Tribes, either individually or collectively,
are authorized to bring an action against the United States
in the United States Court of Federal Claims for such funds
plus interest.
(g) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Puget Sound
Shellfish Settlement Trust Fund Account established by this
section.
(2) Growers.--The term ``growers'' means Taylor United,
Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric
E. Lindsay; Minterbrook Oyster Company; Charles and Willa
Murray; Skookum Bay Oyster Company; J & G Gunstone Clams,
Inc.; and all persons who qualify as `growers' in accordance
with and pursuant to the settlement agreement.
(3) Other tribes.--The term ``other Tribes'' means any
federally recognized Indian nation or tribe other than the
Tribes described in paragraph (6) that, within 20 years after
the deposit of funds in the Special Holding Account,
establishes a legally enforceable treaty right to take
shellfish from covered tidelands described in the settlement
agreement, owned, leased or otherwise subject to harvest by
those persons or entities that qualify as growers.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Settlement agreement.-- The term ``settlement
agreement'' means the settlement agreement entered into by
and between the Tribes, commercial shellfish growers, the
State of Washington and the United States, to resolve certain
disputes between and among them regarding implementation of
the Tribes' treaty right to take shellfish from certain
covered tidelands owned, leased or otherwise subject to
harvest by the growers.
(6) Tribes.--The term ``Tribes'' means the following
federally recognized Tribes that executed the settlement
agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup,
Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack,
Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha
Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi
Nation, and the Swinomish Indian Tribal Community.
(7) Special holding account.--The term ``Special Holding
Account'' means the Puget Sound Shellfish Settlement Special
Holding Account established by this section.
(h) Authorization of Appropriations.--There are authorized
to be appropriated $23,500,000 to carry out this section--
(A) $2,000,000 for fiscal year 2007;
(B) $5,000,000 for each of fiscal years 2008 through 2010;
and
(C) $6,500,000 for fiscal year 2011.
TITLE VIII--TSUNAMI WARNING AND EDUCATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Tsunami Warning and
Education Act''.
SEC. 802. DEFINITIONS.
In this title:
(1) The term ``Administration'' means the National Oceanic
and Atmospheric Administration.
(2) The term ``Administrator'' means the Administrator of
the National Oceanic and Atmospheric Administration.
SEC. 803. PURPOSES.
The purposes of this title are--
(1) to improve tsunami detection, forecasting, warnings,
notification, outreach, and mitigation to protect life and
property in the United States;
(2) to enhance and modernize the existing Pacific Tsunami
Warning System to increase coverage, reduce false alarms, and
increase the accuracy of forecasts and warnings, and to
expand detection and warning systems to include other
vulnerable States and United States territories, including
the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico areas;
(3) to improve mapping, modeling, research, and assessment
efforts to improve tsunami detection, forecasting, warnings,
notification, outreach, mitigation, response, and recovery;
(4) to improve and increase education and outreach
activities and ensure that those receiving tsunami warnings
and the at-risk public know what to do when a tsunami is
approaching;
(5) to provide technical and other assistance to speed
international efforts to establish regional tsunami warning
systems in vulnerable areas worldwide, including the Indian
Ocean; and
(6) to improve Federal, State, and international
coordination for detection, warnings, and outreach for
tsunami and other coastal impacts.
SEC. 804. TSUNAMI FORECASTING AND WARNING PROGRAM.
(a) In General.--The Administrator, through the National
Weather Service and in consultation with other relevant
Administration offices, shall operate a program to provide
tsunami detection, forecasting, and warnings for the Pacific
and Arctic Ocean regions and for the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico region.
(b) Components.--The program under this section shall--
(1) include the tsunami warning centers established under
subsection (d);
(2) utilize and maintain an array of robust tsunami
detection technologies;
(3) maintain detection equipment in operational condition
to fulfill the detection, forecasting, and warning
requirements of this title;
(4) provide tsunami forecasting capability based on models
and measurements, including tsunami inundation models and
maps for use in increasing the preparedness of communities,
including through the TsunamiReady program;
(5) maintain data quality and management systems to support
the requirements of the program;
(6) include a cooperative effort among the Administration,
the United States Geological Survey, and the National Science
Foundation under which the Geological Survey and the National
Science Foundation shall provide rapid and reliable seismic
information to the Administration from international and
domestic seismic networks;
(7) provide a capability for the dissemination of warnings
to at-risk States and tsunami communities through rapid and
reliable notification to government officials and the public,
including utilization of and coordination with existing
[[Page H9228]]
Federal warning systems, including the National Oceanic and
Atmospheric Administration Weather Radio All Hazards Program;
(8) allow, as practicable, for integration of tsunami
detection technologies with other environmental observing
technologies; and
(9) include any technology the Administrator considers
appropriate to fulfill the objectives of the program under
this section.
(c) System Areas.--The program under this section shall
operate--
(1) a Pacific tsunami warning system capable of forecasting
tsunami anywhere in the Pacific and Arctic Ocean regions and
providing adequate warnings; and
(2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico
tsunami warning system capable of forecasting tsunami and
providing adequate warnings in areas of the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico that are determined--
(A) to be geologically active, or to have significant
potential for geological activity; and
(B) to pose significant risks of tsunami for States along
the coastal areas of the Atlantic Ocean, Caribbean Sea, or
Gulf of Mexico.
(d) Tsunami Warning Centers.--
(1) In general.--The Administrator, through the National
Weather Service, shall maintain or establish--
(A) a Pacific Tsunami Warning Center in Hawaii;
(B) a West Coast and Alaska Tsunami Warning Center in
Alaska; and
(C) any additional forecast and warning centers determined
by the National Weather Service to be necessary.
(2) Responsibilities.--The responsibilities of each tsunami
warning center shall include--
(A) continuously monitoring data from seismological, deep
ocean, and tidal monitoring stations;
(B) evaluating earthquakes that have the potential to
generate tsunami;
(C) evaluating deep ocean buoy data and tidal monitoring
stations for indications of tsunami resulting from
earthquakes and other sources;
(D) disseminating forecasts and tsunami warning bulletins
to Federal, State, and local government officials and the
public;
(E) coordinating with the tsunami hazard mitigation program
described in section 805 to ensure ongoing sharing of
information between forecasters and emergency management
officials; and
(F) making data gathered under this title and post-warning
analyses conducted by the National Weather Service or other
relevant Administration offices available to researchers.
(e) Transfer of Technology; Maintenance and Upgrades.--
(1) In general.--In carrying out this section, the National
Weather Service, in consultation with other relevant
Administration offices, shall--
(A) develop requirements for the equipment used to forecast
tsunami, which shall include provisions for multipurpose
detection platforms, reliability and performance metrics, and
to the maximum extent practicable how the equipment will be
integrated with other United States and global ocean and
coastal observation systems, the global earth observing
system of systems, global seismic networks, and the Advanced
National Seismic System;
(B) develop and execute a plan for the transfer of
technology from ongoing research described in section 806
into the program under this section; and
(C) ensure that maintaining operational tsunami detection
equipment is the highest priority within the program carried
out under this title.
(2) Report to congress.--
(A) Not later than 1 year after the date of enactment of
this Act, the National Weather Service, in consultation with
other relevant Administration offices, shall transmit to
Congress a report on how the tsunami forecast system under
this section will be integrated with other United States and
global ocean and coastal observation systems, the global
earth observing system of systems, global seismic networks,
and the Advanced National Seismic System.
(B) Not later than 3 years after the date of enactment to
this Act, the National Weather Service, in consultation with
other relevant Administration offices, shall transmit a
report to Congress on how technology developed under section
806 is being transferred into the program under this section.
(f) Federal Cooperation.--When deploying and maintaining
tsunami detection technologies, the Administrator shall seek
the assistance and assets of other appropriate Federal
agencies.
(g) Annual Equipment Certification.--At the same time
Congress receives the budget justification documents in
support of the President's annual budget request for each
fiscal year, the Administrator shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives a certification that--
(1) identifies the tsunami detection equipment deployed
pursuant to this title, as of December 31 of the preceding
calendar year;
(2) certifies which equipment is operational as of December
31 of the preceding calendar year;
(3) in the case of any piece of such equipment that is not
operational as of such date, identifies that equipment and
describes the mitigation strategy that is in place--
(A) to repair or replace that piece of equipment within a
reasonable period of time; or
(B) to otherwise ensure adequate tsunami detection
coverage;
(4) identifies any equipment that is being developed or
constructed to carry out this title but which has not yet
been deployed, if the Administration has entered into a
contract for that equipment prior to December 31 of the
preceding calendar year, and provides a schedule for the
deployment of that equipment; and
(5) certifies that the Administrator expects the equipment
described in paragraph (4) to meet the requirements, cost,
and schedule provided in that contract.
(h) Congressional Notifications.--The Administrator shall
notify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science of the House of
Representatives within 30 days of--
(1) impaired regional forecasting capabilities due to
equipment or system failures; and
(2) significant contractor failures or delays in completing
work associated with the tsunami forecasting and warning
system.
(i) Report.--Not later than January 31, 2010, the
Comptroller General of the United States shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives that--
(1) evaluates the current status of the tsunami detection,
forecasting, and warning system and the tsunami hazard
mitigation program established under this title, including
progress toward tsunami inundation mapping of all coastal
areas vulnerable to tsunami and whether there has been any
degradation of services as a result of the expansion of the
program;
(2) evaluates the National Weather Service's ability to
achieve continued improvements in the delivery of tsunami
detection, forecasting, and warning services by assessing
policies and plans for the evolution of modernization
systems, models, and computational abilities (including the
adoption of new technologies); and
(3) lists the contributions of funding or other resources
to the program by other Federal agencies, particularly
agencies participating in the program.
(j) External Review.--The Administrator shall enter into an
arrangement with the National Academy of Sciences to review
the tsunami detection, forecast, and warning program
established under this title to assess further modernization
and coverage needs, as well as long-term operational
reliability issues, taking into account measures implemented
under this title. The review shall also include an assessment
of how well the forecast equipment has been integrated into
other United States and global ocean and coastal observation
systems and the global earth observing system of systems. Not
later than 2 years after the date of enactment of this Act,
the Administrator shall transmit a report containing the
National Academy of Sciences' recommendations, the
Administrator's responses to the recommendations, including
those where the Administrator disagrees with the Academy, a
timetable to implement the accepted recommendations, and the
cost of implementing all the Academy's recommendations, to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.
(k) Report.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall establish a
process for monitoring and certifying contractor performance
in carrying out the requirements of any contract to construct
or deploy tsunami detection equipment, including procedures
and penalties to be imposed in cases of significant
contractor failure or negligence.
SEC. 805. NATIONAL TSUNAMI HAZARD MITIGATION PROGRAM.
(a) In General.--The Administrator, through the National
Weather Service and in consultation with other relevant
Administration offices, shall conduct a community-based
tsunami hazard mitigation program to improve tsunami
preparedness of at-risk areas in the United States and its
territories.
(b) Coordinating Committee.--In conducting the program
under this section, the Administrator shall establish a
coordinating committee comprising representatives of Federal,
State, local, and tribal government officials. The
Administrator may establish subcommittees to address region-
specific issues. The committee shall--
(1) recommend how funds appropriated for carrying out the
program under this section will be allocated;
(2) ensure that areas described in section 804(c) in the
United States and its territories can have the opportunity to
participate in the program;
(3) provide recommendations to the National Weather Service
on how to improve the TsunamiReady program, particularly on
ways to make communities more tsunami resilient through the
use of inundation maps and other mitigation practices; and
(4) ensure that all components of the program are
integrated with ongoing hazard warning and risk management
activities, emergency response plans, and mitigation programs
in affected areas, including integrating information to
assist in tsunami evacuation route planning.
(c) Program Components.--The program under this section
shall--
(1) use inundation models that meet a standard of accuracy
defined by the Administration to improve the quality and
extent of inundation mapping, including assessment of
vulnerable inner coastal and nearshore areas, in a
coordinated and standardized fashion to maximize resources
and the utility of data collected;
(2) promote and improve community outreach and education
networks and programs to ensure community readiness,
including the development of comprehensive coastal risk and
vulnerability assessment training and decision support tools,
implementation of technical training and public education
programs, and providing for certification of prepared
communities;
(3) integrate tsunami preparedness and mitigation programs
into ongoing hazard warning
[[Page H9229]]
and risk management activities, emergency response plans, and
mitigation programs in affected areas, including integrating
information to assist in tsunami evacuation route planning;
(4) promote the adoption of tsunami warning and mitigation
measures by Federal, State, tribal, and local governments and
nongovernmental entities, including educational programs to
discourage development in high-risk areas; and
(5) provide for periodic external review of the program.
(d) Savings Clause.--Nothing in this section shall be
construed to require a change in the chair of any existing
tsunami hazard mitigation program subcommittee.
SEC. 806. TSUNAMI RESEARCH PROGRAM.
The Administrator shall, in consultation with other
agencies and academic institutions, and with the coordinating
committee established under section 805(b), establish or
maintain a tsunami research program to develop detection,
forecast, communication, and mitigation science and
technology, including advanced sensing techniques,
information and communication technology, data collection,
analysis, and assessment for tsunami tracking and numerical
forecast modeling. Such research program shall--
(1) consider other appropriate research to mitigate the
impact of tsunami;
(2) coordinate with the National Weather Service on
technology to be transferred to operations;
(3) include social science research to develop and assess
community warning, education, and evacuation materials; and
(4) ensure that research and findings are available to the
scientific community.
SEC. 807. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.
(a) International Tsunami Warning System.--The
Administrator, through the National Weather Service and in
consultation with other relevant Administration offices, in
coordination with other members of the United States
Interagency Committee of the National Tsunami Hazard
Mitigation Program, shall provide technical assistance and
training to the Intergovernmental Oceanographic Commission,
the World Meteorological Organization, and other
international entities, as part of international efforts to
develop a fully functional global tsunami forecast and
warning system comprising regional tsunami warning networks,
modeled on the International Tsunami Warning System of the
Pacific.
(b) International Tsunami Information Center.--The
Administrator, through the National Weather Service and in
consultation with other relevant Administration offices, in
cooperation with the Intergovernmental Oceanographic
Commission, shall operate an International Tsunami
Information Center to improve tsunami preparedness for all
Pacific Ocean nations participating in the International
Tsunami Warning System of the Pacific, and may also provide
such assistance to other nations participating in a global
tsunami warning system established through the
Intergovernmental Oceanographic Commission. As part of its
responsibilities around the world, the Center shall--
(1) monitor international tsunami warning activities around
the world;
(2) assist member states in establishing national warning
systems, and make information available on current
technologies for tsunami warning systems;
(3) maintain a library of materials to promulgate knowledge
about tsunami in general and for use by the scientific
community; and
(4) disseminate information, including educational
materials and research reports.
(c) Detection Equipment; Technical Advice and Training.--In
carrying out this section, the National Weather Service--
(1) shall give priority to assisting nations in identifying
vulnerable coastal areas, creating inundation maps, obtaining
or designing real-time detection and reporting equipment, and
establishing communication and warning networks and contact
points in each vulnerable nation;
(2) may establish a process for transfer of detection and
communication technology to affected nations for the purposes
of establishing the international tsunami warning system; and
(3) shall provide technical and other assistance to support
international tsunami programs.
(d) Data-Sharing Requirement.--The National Weather
Service, when deciding to provide assistance under this
section, may take into consideration the data sharing
policies and practices of nations proposed to receive such
assistance, with a goal to encourage all nations to support
full and open exchange of data.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administrator to carry out this title--
(1) $25,000,000 for fiscal year 2008, of which--
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section 806;
(2) $26,000,000 for fiscal year 2009, of which--
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section 806;
(3) $27,000,000 for fiscal year 2010, of which--
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section 806;
(4) $28,000,000 for fiscal year 2011, of which--
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section 806;
and
(5) $29,000,000 for fiscal year 2012, of which--
(A) not less than 27 percent of the amount appropriated
shall be for the tsunami hazard mitigation program under
section 805; and
(B) not less than 8 percent of the amount appropriated
shall be for the tsunami research program under section 806.
TITLE IX--POLAR BEARS
SEC. 901. SHORT TITLE.
This title may be cited as the ``United States-Russia Polar
Bear Conservation and Management Act of 2006''.
SEC. 902. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.
(a) In General.--The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by adding at the end
thereof the following:
``TITLE V--POLAR BEARS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Agreement.--The term ``Agreement'' means the
Agreement Between the Government of the United States of
America and the Government of the Russian Federation on the
Conservation and Management of the Alaska-Chukotka Polar Bear
Population, signed at Washington, D.C., on October 16, 2000.
``(2) Alaska nanuuq commission.--The term ``Alaska Nanuuq
Commission'' means the Alaska Native entity, in existence on
the date of enactment of the United States-Russia Polar Bear
Conservation and Management Act of 2006, that represents all
villages in the State of Alaska that engage in the annual
subsistence taking of polar bears from the Alaska-Chukotka
population and any successor entity.
``(3) Import.--The term ``import'' 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, without regard to whether the landing,
bringing, or introduction constitutes an importation within
the meaning of the customs laws of the United States.
``(4) Polar bear part or product.--The term ``part or
product of a polar bear'' means any polar bear part or
product, including the gall bile and gall bladder.
``(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
``(6) Taking.--The term ``taking'' has the meaning given
the term in the Agreement.
``(7) Commission.--The term ``Commission'' means the
commission established under article 8 of the Agreement.
``SEC. 502. PROHIBITIONS.
``(a) In General.--It is unlawful for any person who is
subject to the jurisdiction of the United States or any
person in waters or on lands under the jurisdiction of the
United States--
``(1) to take any polar bear in violation of the Agreement;
``(2) to take any polar bear in violation of the Agreement
or any annual taking limit or other restriction on the taking
of polar bears that is adopted by the Commission pursuant to
the Agreement;
``(3) to import, export, possess, transport, sell, receive,
acquire, or purchase, exchange, barter, or offer to sell,
purchase, exchange, or barter any polar bear, or any part or
product of a polar bear, that is taken in violation of
paragraph (2);
``(4) to import, export, sell, purchase, exchange, barter,
or offer to sell, purchase, exchange, or barter, any polar
bear gall bile or polar bear gall bladder;
``(5) to attempt to commit, solicit another person to
commit, or cause to be committed, any offense under this
subsection; or
``(6) to violate any regulation promulgated by the
Secretary to implement any of the prohibitions established in
this subsection.
``(b) Exceptions.--For the purpose of forensic testing or
any other law enforcement purpose, the Secretary, and Federal
law enforcement officials, and any State or local law
enforcement official authorized by the Secretary, may import
a polar bear or any part or product of a polar bear.
``SEC. 503. ADMINISTRATION.
``(a) In General.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service,
shall do all things necessary and appropriate, including the
promulgation of regulations, to implement, enforce, and
administer the provisions of the Agreement on behalf of the
United States. The Secretary shall consult with the Secretary
of State and the Alaska Nanuuq Commission on matters
involving the implementation of the Agreement.
``(b) Utilization of Other Government Resources and
Authorities.--
``(1) Other government resources.--The Secretary may
utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal
agency, any State agency, or the Alaska Nanuuq Commission for
purposes of carrying out this title or the Agreement.
``(2) Other powers and authorities.--Any person authorized
by the Secretary under this subsection to enforce this title
or the Agreement shall have the authorities that are
enumerated in section 6(b) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(b)).
``(c) Ensuring Compliance.--
``(1) Title i authorities.--The Secretary may use
authorities granted under title I for enforcement, imposition
of penalties, and the seizure of cargo for violations under
this title, provided that any polar bear or any part or
product of a
[[Page H9230]]
polar bear taken, imported, exported, possessed, transported,
sold, received, acquired, purchased, exchanged, or bartered,
or offered for sale, purchase, exchange, or barter in
violation of this title, shall be subject to seizure and
forfeiture to the United States without any showing that may
be required for assessment of a civil penalty or for criminal
prosecution under this Act.
``(2) Additional authorities.--Any gun, trap, net, or other
equipment used, and any vessel, aircraft, or other means of
transportation used, to aid in the violation or attempted
violation of this title shall be subject to seizure and
forfeiture under section 106.
``(d) Regulations.--
``(1) In general.--The Secretary shall promulgate such
regulations as are necessary to carry out this title and the
Agreement.
``(2) Ordinances and regulations.--If necessary to carry
out this title and the Agreement, and to improve compliance
with any annual taking limit or other restriction on taking
adopted by the Commission and implemented by the Secretary in
accordance with this title, the Secretary may promulgate
regulations that adopt any ordinance or regulation that
restricts the taking of polar bears for subsistence purposes
if the ordinance or regulation has been promulgated by the
Alaska Nanuuq Commission.
``SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO
DELEGATE ENFORCEMENT AUTHORITY.
``(a) In General.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service, may
share authority under this title for the management of the
taking of polar bears for subsistence purposes with the
Alaska Nanuuq Commission if such commission is eligible under
subsection (b).
``(b) Delegation.--To be eligible for the management
authority described in subsection (a), the Alaska Nanuuq
Commission shall--
``(1) enter into a cooperative agreement with the Secretary
under section 119 for the conservation of polar bears;
``(2) meaningfully monitor compliance with this title and
the Agreement by Alaska Natives; and
``(3) administer its co-management program for polar bears
in accordance with--
``(A) this title; and
``(B) the Agreement.
``SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL
EXPENSES, AND CLAIMS.
``(a) Appointment of U.S. Commissioners.--
``(1) Appointment.--The United States commissioners on the
Commission shall be appointed by the President, in accordance
with paragraph 2 of article 8 of the Agreement, after taking
into consideration the recommendations of--
``(A) the Secretary;
``(B) the Secretary of State; and
``(C) the Alaska Nanuuq Commission.
``(2) Qualifications.--With respect to the United States
commissioners appointed under this subsection, in accordance
with paragraph 2 of article 8 of the Agreement--
``(A) 1 United States commissioner shall be an official of
the Federal Government;
``(B) 1 United States commissioner shall be a
representative of the Native people of Alaska, and, in
particular, the Native people for whom polar bears are an
integral part of their culture; and
``(C) both commissioners shall be knowledgeable of, or have
expertise in, polar bears.
``(3) Service and term.--Each United States commissioner
shall serve--
``(A) at the pleasure of the President; and
``(B) for an initial 4-year term and such additional terms
as the President shall determine.
``(4) Vacancies.--
``(A) In general.--Any individual appointed to fill a
vacancy occurring before the expiration of any term of office
of a United States commissioner shall be appointed for the
remainder of that term.
``(B) Manner.--Any vacancy on the Commission shall be
filled in the same manner as the original appointment.
``(b) Alternate Commissioners.--
``(1) In general.--The Secretary, in consultation with the
Secretary of State and the Alaska Nanuuq Commission, shall
designate an alternate commissioner for each member of the
United States section.
``(2) Duties.--In the absence of a United States
commissioner, an alternate commissioner may exercise all
functions of the United States commissioner at any meetings
of the Commission or of the United States section.
``(3) Reappointment.--An alternate commissioner--
``(A) shall be eligible for reappointment by the President;
and
``(B) may attend all meetings of the United States section.
``(c) Duties.--The members of the United States section may
carry out the functions and responsibilities described in
article 8 of the Agreement in accordance with this title and
the Agreement.
``(d) Compensation and Expenses.--
``(1) Compensation.--A member of the United States section
shall serve without compensation.
``(2) Travel expenses.--A member of the United States
section shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place
of business of the member in the performance of the duties of
the United States-Russia Polar Bear Commission.
``(e) Agency Designation.--The United States section shall,
for the purpose of title 28, United States Code, relating to
claims against the United States and tort claims procedure,
be considered to be a Federal agency.
``SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON
MATTERS BEFORE THE COMMISSION.
``In accordance with paragraph 3 of article 8 of the
Agreement, the United States section, made up of
commissioners appointed by the President, shall vote on any
issue before the United States-Russia Polar Bear Commission
only if there is no disagreement between the United States
commissioners regarding the vote.
``SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE
COMMISSION.
``(a) In General.--The Secretary shall take all necessary
actions to implement the decisions and determinations of the
Commission under paragraph 7 of article 8 of the Agreement.
``(b) Taking Limitation.--Not later than 60 days after the
date on which the Secretary receives notice of the
determination of the Commission of an annual taking limit, or
of the adoption by the Commission of other restriction on the
taking of polar bears for subsistence purposes, the Secretary
shall publish a notice in the Federal Register announcing the
determination or restriction.
``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
``(a) In general.--The authority of the Secretary under
this title is in addition to, and shall not affect--
``(1) the authority of the Secretary under the other titles
of this Act or the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.) or the exemption for Alaskan natives under
section 101(b) of this Act as applied to other marine mammal
populations; or
``(2) the authorities provided under title II of this Act.
``(b) Certain Provisions Inapplicable.--The provisions of
titles I through IV of this Act do not apply with respect to
the implementation or administration of this title, except as
specified in section 503.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out the functions and
responsibilities of the Secretary under this title and the
Agreement $1,000,000 for each of fiscal years 2006 through
2010.
``(b) Commission.--There are authorized to be appropriated
to the Secretary to carry out functions and responsibilities
of the United States Section $150,000 for each of fiscal
years 2006 through 2010.
``(c) Alaskan Cooperative Management Program.--There are
authorized to be appropriated to the Secretary to carry out
this title and the Agreement in Alaska $150,000 for each of
fiscal years 2006 through 2010.''.
(b) Clerical Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by adding at the end the
following:
``TITLE V--POLAR BEARS
``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate
enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and
claims.
``Sec. 506. Votes taken by the United States Section on matters before
the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
(c) Treatment of Containers.--Section 107(d)(2) of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2))
is amended by striking ``vessel or other conveyance'' each
place it appears and inserting ``vessel, other conveyance, or
container''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from West Virginia (Mr.
Rahall) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. GILCHREST. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 5946, the Magnuson-Stevens
Fishery Conservation and Management Act of 2006. I want to thank
Senator Stevens and Senator Inouye for their hard work in getting this
authorization to the Senate and to the House. I also want to thank
Chairman Richard Pombo, who has been a champion for the recreational
and commercial fishermen of this Nation. We will miss his leadership
greatly. And I want to thank and support all the other Members and
their staff that have been involved in this process.
At this point I will insert in the Record an exchange of letters
between Chairman Pombo and Chairman Boehlert regarding this bill and
between Chairman Pombo and Chairman Thomas regarding the polar bear
provisions
[[Page H9231]]
contained in title IX, originally part of H.R. 4075.
House of Representatives,
Committee on Resources,
Washington, DC, July 13, 2006.
Hon. William M. Thomas,
Chairman, Committee on Ways and Means, Longworth House Office
Building, Washington, DC.
Dear Mr. Chairman: I ask your cooperation to help schedule
consideration by the House of Representatives of H.R. 4075,
the Marine Mammal Protection Act Amendments of 2006, during
the week of July 17-21, 2006. I have proposed an amendment to
this bill which includes text from S. 2013, the United
States-Russia Polar Bear Conservation and Management Act of
2005. The Committee on Ways and Means has a jurisdictional
interest in this Senate bill because of its inclusion of
trade measures.
My staff has worked with yours to develop a mutually-agreed
on text for this amendment, and I have enclosed this
amendment for your review. I ask that you not seek a referral
of H.R. 4075 based on the inclusion of this language to
expedite Floor scheduling. Of course, this action would not
be considered as waiving or affecting your jurisdiction over
the subject matter of the amendment, nor as precedent for any
future referrals of similar measures. Moreover, if the bill
is conferenced with the Senate, I would support naming Ways
and Means Committee members to the conference committee for
the trade provisions. I would also be pleased to include this
letter and your response in the Congressional Record during
consideration of the bill on the Floor.
Mr. Chairman, I have been very pleased with the tremendous
degree of cooperation between our two Committees. Your staff,
especially Angela Ellard and Steven Schrage, has been
responsive and thoughtful, and my staff very much appreciates
their support and teamwork. I hope that you will give my
request serious consideration and I look forward to your
response.
Sincerely,
Richard W. Pombo,
Chairman.
____
Committee on Ways and Means,
House of Representatives,
Washington, DC, July 13, 2006.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, Longworth House Office
Building, Washington, DC.
Dear Chairman Pombo: Thank you for your letter regarding
H.R. 4075, the ``Marine Mammal Protection Act Amendments of
2006,'' which is scheduled for floor consideration during the
week of July 17th.
As you noted, the Committee on Ways and Means maintains
jurisdiction over trade measures. H.R. 4075, as amended,
includes text which falls within the jurisdiction of the
Committee on Ways and Means. However, in order to expedite
this bill for floor consideration, the Committee will forgo
action. This is being done with the understanding that it
does not in any way prejudice the Committee with respect to
the appointment of conferees or its jurisdictional
prerogatives on this bill or similar legislation in the
future.
I appreciate your cooperation in this matter and agree to
your offer to include this exchange of letters in the
Congressional Record during floor consideration.
Best regards,
Bill Thomas,
Chairman.
____
House of Representatives,
Committee on Science,
Washington, DC, December 7, 2006.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, Longworth House Office
Building, Washington, DC.
Dear Mr. Chairman: I am writing regarding the
jurisdictional interest of the Science Committee in H.R. 5946
as amended by the Senate, the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006. The
Science Committee has primary jurisdiction over Title VIII,
Tsunami Warning and Education, the text of which is identical
to H.R. 1674, the Tsunami Warning and Education Act, as
passed by the House on December 6, 2006. In addition, the
Science Committee has jurisdiction over Section 211, Deep Sea
Coral Research and Technology Program, and Section 701, Study
of the Acidification of the Oceans and Effect on Fisheries.
Sections 211 and 701 both involve ``marine research'' that is
clearly within the jurisdiction of the Science Committee. The
study required by Section 701 also involves ``environmental
research and development'' within the jurisdiction of the
Science Committee.
The Science Committee recognizes the importance of H.R.
5946 and the need for the legislation to move expeditiously.
Therefore, I will not stand in the way of floor
consideration. This, of course, is conditional on our mutual
understanding that nothing in this legislation or my decision
to allow the bill to come to the floor waives, reduces or
otherwise affects the jurisdiction of the Science Committee,
and that a copy of this letter and your letter in response
will be included in the Congressional Record when the bill is
considered on the House Floor.
Thank you for your attention to this matter.
Sincerely,
Sherwood Boehlert,
Chairman.
____
House of Representatives,
Committee on Resources,
Washington, DC, December 7, 2006.
Hon. Sherwood Boehlert,
Chairman, Committee on Science, Rayburn House Office
Building, Washington, DC.
Dear Mr. Chairman: Thank you for agreeing to allow the
Senate amendments to H.R. 5946, to authorize appropriations
to the Secretary of Commerce for the Magnuson-Stevens Fishery
Conservation and Management Act for fiscal years 2007 through
2013, to be considered by the House of Representatives. I
concur in your assessment that the Committee on Science would
have primary jurisdiction over Title VIII of the Senate
amendments, as this is the text of your bill, H.R. 1674, the
United States Tsunami Warning and Education Act, referred
exclusively to the Committee on Science. I also concur that
the Committee on Science would have a jurisdictional interest
in section 211, the deep sea coral research and technology
program, as well as section 701, study of the acidification
of the oceans and its effect on fisheries.
By allowing this bill to be scheduled, I agree that the
Committee on Science has not waived its jurisdiction over the
measures included in H.R. 5946, nor should this action be
taken as precedent for other bills. I would be pleased to
include this letter and your December 7, 2006, letter on H.R.
5946 in the Congressional Record during debate on the bill.
Thank you again for your cooperation on this matter, and I
look forward to seeing H.R. 5946 enacted soon.
Sincerely,
Richard W. Pombo,
Chairman.
I also want to thank Chairman Henry Hyde of the International
Relations Committee for agreeing to waive jurisdiction on the polar
bear provisions. I also appreciate the cooperation of Chairman King of
Homeland Security and Chairman Barton of the Energy and Commerce
Committee in helping to clear this bill.
Finally, on behalf of Chairman Pombo and myself and former Chairman
Don Young, I want to thank Dave Whaley, Bonnie Bruce, two committee
members on the Resources Committee who worked tirelessly on this bill
for many years. Without their expertise and persistence, we would not
be here today. I would also like to thank my personal staff, Edith
Thompson, for her work on this bill.
I urge an ``aye'' vote on H.R. 5946.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, the pending measure, as passed by the
Senate, may be one of the last items on our schedule this Congress, but
it is certainly not the least important. The bill would reauthorize the
Magnuson-Stevens Fishery Conservation and Management Act in order to
guide the management of our marine fisheries through 2013. We would not
be here today if Senator Ted Stevens and Daniel Inouye had not extended
an olive branch. I am extremely appreciative of the hard work that they
and their staff put into this legislation. I also commend our colleague
on this side of the aisle, Tom Allen from Maine, who worked tirelessly
on behalf of the fishermen in his district to improve this legislation.
And while the pending measure does not do everything I would have
liked, it does not roll back the conservation principles in this
important fisheries management law. The legislation actually
strengthens the Magnuson-Stevens Act.
I support the bill. I urge my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. GILCHREST. Mr. Speaker, I also want to thank Jim Saxton from New
Jersey for his work on this bill.
Mr. Speaker, at this time I would like to yield such time as he may
consume to the chairman of the Resources Committee, Richard Pombo.
Mr. POMBO. Mr. Speaker, I thank the gentleman for yielding.
And I will be brief. I do want to again thank all of those who have
worked so hard on this bill for so long. I especially want to thank the
ranking member of the committee, Mr. Rahall, who has worked with me not
only on this legislation but so many pieces of legislation over the
last 4 years and gave us the opportunity to do some real good things on
the Resources Committee.
I know that as this bill was introduced originally, Barney Frank from
Massachusetts was an original sponsor
[[Page H9232]]
on it. We did a hearing up in his district and listened to the concerns
of a lot of the fishermen in the communities that are impacted by this
law. Unfortunately, all of the things that we originally set out to
take care of are not included in this bill, but where we end up on
this, I believe it is a bill that is better than current law. It is a
stronger bill. It is something that addresses many of the issues that
have been raised over the last several years in hearings and meetings
that we have had in trying to improve the Magnuson-Stevens Act.
I also want to particularly mention two of the Members on our side of
the aisle, Mr. Gilchrest and Mr. Saxton, who worked extremely hard in
trying to craft a bill that would fit with the concerns and needs of
their constituency. As well as that, Chairman Don Young, former
chairman of this committee, chairman of the Transportation Committee,
obviously has always put a great deal of effort and work into fisheries
issues, and his work will continue into the future in trying to improve
this law.
But I want to thank Mr. Rahall for all the work not just on this
legislation but all the work that he has done over the last 4 years. It
has been a great experience for me having an opportunity to work with
him. Over the last 4 years, I believe that we have passed more
legislation out of the Resources Committee than all the rest of the
committees combined. And during that time period we had one bill that
went through on a party-line vote, and other than that we were able to
work out bipartisan compromises on everything. He and I didn't agree
every single time, but we were able to work out something so that we
had a bipartisan bill moving, and I appreciate all that he did as my
ranking member and I wish him nothing but luck in the future.
Mr. RAHALL. Mr. Speaker I yield myself such time as I may consume.
I was going to wait until the very end to respond, but I want to say
to the gentleman from California (Mr. Pombo), the distinguished
chairman of the House Resources Committee, that it has truly been an
honor to work with him during his tenure as chairman of our committee.
The gentleman has fought hard for those principles that he has believed
in. He has accomplished a great deal during his tenure here. I commend
him for his tenacity, and he truly has been a fighter for that which he
believes. As he has said, we have not agreed on every issue, but we
have had our respectful disagreements and we have worked in good faith
as well. I believe we have during his tenure as chairman.
I do welcome the incoming ranking member, Mr. Young. I have served on
both the Transportation and Infrastructure Committee and the Resources
Committee for my entire tenure in this body. Thirty years we have
worked together, and now I am glad to have him as the ranking member on
my committee and may he stay that way for a long, long time.
Mr. Speaker, at this time I yield 3 minutes to the gentleman from New
Jersey (Mr. Pallone), who has been a true leader on this issue and
fought very hard for this legislation.
{time} 0100
Mr. PALLONE. I want to thank our ranking member, Mr. Rahall, for all
his contributions in getting this to the floor this evening. I know it
was not easy to get us here to achieve the consensus that we have
tonight. I would also like to thank on the other side of the aisle
obviously our chairman, Mr. Pombo, and Mr. Young as well. I know this
will be the last day, I guess, that we have this opportunity, Mr.
Chairman, but I want to say that throughout your tenure as the chairman
of the Resources Committee, I could always count on you to be honest
and forthright about everything. And even though oftentimes we did
disagree, there were many times when we agreed on different matters. So
I want to thank you for your tenure and obviously look forward also to
the gentleman from Alaska (Mr. Young) as our ranking member. He is
another person who speaks his mind and certainly manages to get things
done.
I want to support this legislation. I think that it is a very
important and comprehensive bill that updates our Nation's fisheries
management laws, but I want to mention two provisions that are
critically important to my constituents in New Jersey at the Jersey
shore. First, it includes legislative discretion allowing the Secretary
of Commerce to extend the rebuilding time frame for summer flounder. I,
along with many of my colleagues from New Jersey, particularly Mr.
Saxton, strongly believe that existing law gives NMFS the
administrative flexibility to avoid making drastic cuts in next year's
summer flounder quota, but the service consistently refused to use that
flexibility. We are thus granting a legislative extension of the
rebuilding time frame to force the administration to take action and
avert drastically low quotas for this important fishery. While the
resulting quotas will still be the lowest ever, this language will
avoid a dramatically low quota that could have resulted in a virtual
shutdown of the entire fishery.
I am also glad to see that this bill contains a provision intended to
improve data collection from the recreational sector. Anglers in my
district have long known that the MRFSS system is widely inaccurate in
estimating recreational landings and is completely inappropriate for
use in stock allocation decisions. The language in this bill will help
by requiring the secretary to improve the program to ensure accurate
data collection and incorporate the results of a recent National
Research Council report. I am also glad that the provision prevents a
fee from being imposed until at least 2011, preempting an
administration proposal to implement a license that could have cost up
to $35 annually for the right to fish.
I will acknowledge that the overall bill is far from perfect. There
are provisions in here that I am not completely happy with. And there
are other items I would have liked to include. But I know that neither
the fishing nor the environmental community are completely happy with
every single word, and probably that means it is a very good bill.
This bill does represent an overall improvement in the management of
our Nation's fisheries and strikes a balance between conserving stocks
and ensuring productive fisheries. It is my fervent hope that this bill
will bring some greater sense into a fisheries management system that
to the average angler seems confusing at best and completely irrational
at worst. We here in Congress have a duty to closely examine the
outcomes of this law and closely oversee its implementation by the
administration.
Again, I thank all my colleagues and particularly our chairman and
ranking member.
I forgot to mention the gentleman from Maryland (Mr. Gilchrest), and
I apologize, for all your work in putting this together. Thanks again,
too, Wayne.
Mr. GILCHREST. Thank you, Mr. Pallone.
I want to yield now to the part of the country that has the largest
fishery, to Congressman Don Young.
Mr. YOUNG of Alaska. I thank the gentleman for yielding. Everybody
has been thanked on the floor. I double that.
This is a good piece of legislation. It has been a long time coming.
I want to thank the ranking member, of course, Mr. Gilchrest and Mr.
Oberstar, and the chairman. This bill will do good for our oceans and
for our fisheries. Although it is far from being perfect, we expect to
have this finalized tonight and, as has been mentioned before, because
it originated in Alaska, the 200-mile limit, the Magnuson-Stevens Act,
we will continue to work to improve it. Because it is very, very
important that we keep our fisheries sustainable and also to make sure
that our oceans are not only protected and conserved but provide the
food that is necessary for this Nation of ours.
Again, a lot of work was done, but I can tell you frankly it was the
staff on both sides of the aisle, especially on this side, as has
already been mentioned. Dave Whaley, who actually used to have hair
before he started working on this bill. He doesn't have it anymore.
Bonnie Bruce. She is still, I think, relatively attractive and she has
been through agony for all types of activity to get this bill done.
I again thank the people that understand the importance and the staff
does the majority of work on this. We did do it. The Senate side did
it. Now it is the
[[Page H9233]]
House side's turn to do what is right for the oceans.
Mr. Speaker, while I support this legislation, there are several
provisions which need further explanation.
Section 107 provides that the Secretary of Commerce, in consultation
with the Regional Councils and the Council on Environmental Policy,
shall revise the procedures for compliance with the National
Environmental Policy Act. Those procedures shall integrate NEPA's
environmental analytical procedures with the procedures for preparing
and approving fishery management plans and amendments under the
Magnuson-Stevens Act and shall conform the timelines for NEPA
compliance with the timelines for the approval of fishery management
plans and amendments established under the Magnuson-Stevens Act. The
only way those requirements can be met for plans developed by a Council
is to use the Council's plan development processes. That means NEPA
procedures must be integrated into the Council process which will be
the vehicle for identifying the problem to be addressed, identifying
the reasonable alternatives to address that problem, identifying the
preferred alternative, and examining the environmental consequences,
positive and negative, of the preferred alternative and the reasonable
alternatives. After the Council completes its processes, the Secretary
will have the final responsibility for determining if NEPA has been
complied with and may disapprove the plan, plan amendment, or
regulation pursuant to section 304(a)(3) of this act.
In addition, there are a number of provisions in this legislation
which deal with the, amount and type of information which needs to be
submitted to the Secretary by a variety of entities and how that
information is to be treated by the Secretary. It is important that
proprietary information, confidential economic information, personal
information such as tax forms, and other sensitive information be
maintained in a manner which does not compromise an individual or a
company's reasonable expectation for privacy. The Secretary must
develop regulations for the use and the protection of such information
which weighs the need for the information for management purposes with
a reasonable person's expectation for privacy.
I am also concerned that the provision requiring that harvest levels
be set to prevent overfishing not be interpreted to shut down entire
fisheries if one stock of a multi-species complex is experiencing
overfishing. The purpose of the act is to provide a healthy fishery
resource, but it is also to promote commercial and recreational fishing
and support communities dependent on the fishery resources. The act
should not be used as a tool for stopping all fishing activities in
U.S. waters. The keys to achieving these goals are balance,
flexibility, and common sense by the fishery managers. The provisions
dealing with ending overfishing, rebuilding overfished fisheries, and
setting harvest levels to prevent overfishing all need to be taken in
the context of the National Standards and need to be viewed with an eye
toward balance, flexibility, and common sense.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio), a valued member of our committee.
Mr. DeFAZIO. I would first like to engage the ranking member in a
colloquy.
The bill requires the Pacific Council to develop a rationalization
program within 24 months from date of enactment. The Pacific Council
has been working on a comprehensive ground fisheries management program
for more than 3 years and is on target to complete that process by
2008. As I understand the bill, the Pacific Council can continue the
development of its groundfish management program without having to
restart the process. Is that correct?
Mr. RAHALL. If the gentleman would yield.
Mr. DeFAZIO. I would yield to the gentleman.
Mr. RAHALL. The gentleman from Oregon is entirely correct. It is my
understanding that the bill would permit the Pacific Council process to
continue. We recognize that the Pacific Council has made substantial
progress and do not intend to disrupt their efforts to develop and
implement an appropriate groundfish management program, consistent with
this act.
Mr. DeFAZIO. I thank the gentleman.
Reclaiming my time, there is also another provision in this bill
which is long overdue. We have had extraordinary closures of the salmon
season on the west coast this year, despite the fact that there are
quite a number of plentiful runs of salmon, because one run, the
Klamath River, is very, very unhealthy. Over the last 5 years, this
administration has done nothing to begin to improve the health of the
river. This legislation will begin some of the mitigation restoration
activities to restore the health of that fishery which is critical so
that we can begin to continue to harvest other salmon species which are
more plentiful and not in trouble.
For that and a number of other provisions in the bill, I am very
supportive of the legislation.
Mr. RAHALL. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, I would ask for a colloquy.
One of the key provisions in this is the requirement that the
Regional Fishery Management Councils develop annual catch limits based
on the Science and Statistical Committees. This annual catch limit
provision has the potential to contribute in important ways to the
process of improving science. But it is vital that in analyzing the
options and preparing recommendations, the committees consider a wide
range of scientific opinion to ensure that the management plans that
are based on their work represent the best possible scientific
understanding of the current state of the relevant fisheries as well as
projections for the future.
Is it the ranking member's, soon to be chairman's, understanding that
the Science and Statistical Committees will in fulfilling their role
under this legislation consider this broad array of scientific opinion
and sources?
Mr. RAHALL. Mr. Speaker, will the gentleman yield?
Mr. FRANK of Massachusetts. I yield to the gentleman from West
Virginia.
Mr. RAHALL. I appreciate the gentleman's question. I would say that
he is entirely correct. In order to help ensure that affected
stakeholders have the maximum degree of confidence in the management
measures developed by the councils and that those measures are as
effective as possible, it is vital that the Science and Statistical
Committees operate in an open manner that is receptive to a full
spectrum of scientific opinion. Accordingly, it is our expectation that
under this legislation, the Science and Statistical Committees would
gather information and prepare recommendations in a way that takes into
account the research and expertise of a wide range of scientists.
Mr. FRANK of Massachusetts. I thank the gentleman for this and I
thank him for also inserting a provision that would make sure that if
there is a referendum on quotas that the working fishermen, not just
the permit owners, could vote in our region.
But having said that, I want to say that rarely have I seen such a
distinguished and thoughtful and intelligent group of my colleagues get
something kind of wrong. Let me emphasize it in this way. We heard how
there is a special provision here for flounder, where summer flounder
are concerned, then there can be flexibility in rebuilding. And I have
to ask the question, why is it not the case that what is sauce for the
cod is sauce for the flounder? When did the flounder become the exalted
species? And if you really, Mr. Speaker, believed in the principles of
this legislation, why have you floundered in applying this uniformly?
Why did you make this exception for the flounder?
The problem is partly procedure. This bill was developed mostly in
the Senate. I appreciate the good work of the chairman of the
committee, Mr. Pombo. He and his staff, Mr. Whaley, worked very hard
with us to get this kind of flexibility for all species. And Peter
Kovar of my staff worked very hard on it and we had frankly, I thought,
a pretty good bill coming out of the House. Then the election came, and
I understand that it had consequences, and we are winding up with the
Senate bill plus an exception for flounder.
I don't object to the exception for flounder. I object to the fact
that it is an exception. And I hope I will hear at some point why the
flexibility in rebuilding flounder makes sense when no other
flexibility for any other species is involved.
I will make a prediction, Mr. Speaker. Let me say in this, I believe
that we have here an overreaction and that many of my environmentalist
friends have an inability, an unwillingness to recognize that some of
the hardest-working, most dedicated, practical environmentalists in
this country, the
[[Page H9234]]
fishermen, people whose commitment to the environment is whole because
that is their livelihood, that their legitimate concerns have not been
fully recognized.
I look forward to working in some other areas in health and safety,
but I will make a prediction. The rigidity in this bill for everything
but flounder is going to cause problems in the future. I will give the
sponsors of this bill one kudo. I don't know if you can have a singular
of kudos, but I will give you one kudo. The precedent you have set with
the flexibility for flounder will in fact be extended to other species.
There is no logical reason for that and I believe experience will soon
persuade you of that.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. Wu).
Mr. WU. Mr. Speaker, I rise tonight in strong support of the
legislation, not on behalf of the flounder but because of the salmon.
This year the Federal Government imposed a radical reduction in sport
salmon fishing and an effective closing of the salmon fishing season on
most of the west coast. The purported reason was to restore the fall
Chinook run in the Klamath River system. However, NOAA scientists have
admitted that water mismanagement and environmental degradation of the
Klamath River system, not ocean fishing, are the causes of Klamath fall
Chinook salmon decline. Radically reducing sport salmon fishing and
effectively closing commercial salmon fishing is bad public policy,
extorts a high price from coastal communities, and did not solve the
problem. In our coastal communities, every job lost on the water
results in the loss of three jobs on dry land.
Estimates of the economic impact are in the millions. All of this
sacrifice with no benefit to the fall Chinook is an ineffective Band-
Aid for bad public policy in the Klamath River system.
Most importantly, this administration is attacking the cultural roots
of the Pacific Northwest. By effectively closing the salmon fishery,
the administration is not just terminating an economy, it is ending a
way of life. Fishing for salmon is an integral part of who we are.
Under previously imposed fishing restrictions, folks who fish for
salmon have made innumerable changes and sacrifices to restore the
salmon runs. This administration owes it to these fishermen and their
families to provide the disaster assistance that they have promised.
When Klamath Basin farmers needed assistance in 2001, this
administration correctly declared a disaster and assistance was
appropriated within weeks. Oregon salmon fishermen and their families
deserve the same. Finally, tonight, months after west coast families
were hit so hard by the salmon closure, we take another important step
toward appropriate relief in this bill.
This bill provides that affected offshore fishermen and onshore
workers are eligible to receive direct assistance under section 312(a)
of the Magnuson-Stevens Act and directs the Secretary of Commerce to
provide the assistance. On behalf of west coast fishing families
affected by bad Federal policy, I ask you all to support this bill.
{time} 0115
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Farr).
Mr. FARR. I would just like to thank everybody who has worked on this
bill and why, a lot of people have spoken on it, it is late at night, I
know people would like to get on with the rest of the agenda for
tonight. Put it in this perspective, this is the farm bill for the
ocean. Next year we will spend a lot of time, an awful lot of time
discussing the farm bill.
What has come here is a 10-year effort since the last
reauthorization, Magnuson-Stevens, to really pull all factors together.
I think a body that is sitting and watching this tonight who ought to
be thanked is the sea grant fellows who have come and spent a year here
in the Congress who as doctorates and master's degrees in marine
fisheries and marine sciences have helped a lot with this bill.
I would particularly like to thank Letice Houser, who is spending her
last week here in Congress as a sea grant fellow, and to all of the
Members who have worked so hard. It is a good bill, and I hope it gets
implemented in a very effective way to help fisheries in a responsible
manner in the future.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentleman from
Maine (Mr. Allen).
Mr. ALLEN. Mr. Speaker, I rise in support of H.R. 4956, the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of
2006. This bipartisan legislation is the product of tireless
negotiations over the last year. The bill will sustain both the fish
stocks and our fishing communities. I was proud to work so closely with
our ranking member, Nick Rahall, on this particular legislation, to
strengthen key conservation provisions and also to protect our fishing
communities from excessive consolidation of the fishing industry.
I do care deeply about the Limited Access Privilege Program, or
LAPPs. These programs are market-based management tools that allocate
percentages of the annual catch's quota shares among fishermen. LAPPs
can be a legitimate fisheries management tool, but without strong
Federal standards, they privatize the public resources by granting
shares of the fishery in perpetuity. Moreover, in the drive toward
industry efficiency, they can cause excessive and inequitable
consolidation at the expense of small-scale fishermen.
For the past 3 years I have been advocating for a LAPPs legislation
that would protect public ownership of the fishery and ensure that
managers and program participants are held accountable for program
success, while still allowing LAPPs to be used.
This bill reaches that result. The bill includes a 10-year renewable
term limit on quota shares granted under a LAPP. This will also protect
smaller fishermen by keeping quota prices affordable.
Maine has a fishing industry that is hundreds of years old. It is
part of a heritage that defines our State and makes our State a special
place.
Maine fishermen want policies that not only allow them to catch fish
today but also ensure a long-term sustainable fishery so that they can
pass their way of life on to their children and they grandchildren.
Maine fishermen and fishermen throughout the Nation need policies in
place that ensure a level playing field that give them economic
certainty and protect the fish stocks.
This bill serves those ends, and I am proud to support it. I do want
to thank Mr. Rahall for his leadership and support; and his staff, Jim
Zoia, Jeff Petrich, Lori Sonken, and Charlotte Stevenson, have been
terrific to work with and deserve great praise. I also want to thank my
friends George Miller, Bill Delahunt and Sam Farr for their support.
Thanks also to Chairman Pombo and his staff for their work on this
bill, as well as the work done by Senators Stevens, Inouye, and
especially my Maine colleague, Senator Snowe, and their respective
staffs.
Finally, I do want to thank Emily Knight, my sea grant fellow, for
her enthusiasm and hard work on this bill; and Jim Bradley, my
legislative director, who oversaw the negotiation so effectively.
Mr. GILCHREST. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Walden).
Mr. WALDEN of Oregon. I want to thank the gentleman from Maryland,
especially the gentleman from California, for their great work on many
pieces of legislation before this body.
Mr. Speaker, I represent a large part of the Klamath Basin, and
indeed it has been plagued with enormous problems over many years,
literally dating back far before this administration. But it has been
pointed out a couple of times on this House floor that it hasn't done
anything in Klamath Basin, and I would argue that is simply, factually,
an error.
In fact, after the water cutoff of April 6, 2001, this
administration, barely a few months into office, got involved in this
basin in an unprecedented way to try to bring different partners
together to try to find solutions, and there is a lot of work that has
been done to improve water quality, to improve irrigation standards, to
put more water in the river, to make a fish passage improve, up and
down the whole river system.
There is also an enormous amount of other work that needs to be done.
[[Page H9235]]
There is a very cooperative, very, frankly, exciting group meeting
together right now, probably as we speak, trying to come up with a
comprehensive solution that involves the tribes, the farmers,
environmentalists, power companies, everybody involved in this basin.
This administration, this Congress, put forth $10 million to screen
the ``A'' canal so that sucker larvae could come back into Klamath
Lake; 100,000 acre feet of water was put in streams away from
agriculture, and a water bank to put more water into this system. We
have passed the authority and funding to remove Chiloquin Dam to
improve fish passage, the upper end that deals with sucker recovery.
In the farm bill, $50 million, the only earmark for EQUIP funding,
was carved out by this Congress to help in terms of both irrigation
efficiency and conservation programs and partnerships between farmers
to put more water into the system. There is an enormous effort under
way in this basin by this administration, by this administration, and
in a bipartisan way by this Congress. We recognize more work needs to
be done.
Mr. RAHALL. Mr. Speaker, this concludes debate on our side of the
aisle. Again, commending our chairman, Mr. Pombo, wishing him the best
on whatever avenue he pursues in the future. I know that he will be
spending a great deal of time on the ranch with his lovely wife,
Annette. I wish him Godspeed there.
I thank Mr. Gilchrest for his work on this legislation, those that
have spoken on it for the help they have been, especially, as I started
out my remarks, I thank Senator Stevens and Senator Inouye who truly
extended the olive branch that broke the logjam on this legislation.
As Mr. Allen has already done, I also want to recognize our committee
Democratic staff who helped make this bill possible. Chief among them
is Lori Sonken, as well as Jeff Petrich and Charlotte Stevenson.
I thank Mr. Pombo's staff as well. His staff has put in numerous
hours on this over a long, long period of time. Without their work we
would not be here today celebrating the passage of this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. GILCHREST. I want to thank Mr. Rahall and his staff and the
Members on that side of the aisle, and Mr. Pombo for his effort, Mr.
Young, and Mr. Jim Saxton, and certainly the staff behind me for all
their work.
This is not a perfect bill. There is no utopia in the legislative
process. Through consensus and dialogue, we have tried to integrate the
ideas of the Members, and we feel very strongly that we have come up
with a bill that will improve, sustain and restore the ecology of the
Nation's oceans.
I urge my colleagues for an ``aye'' vote on this legislation.
Mr. REICHERT. Mr. Speaker, I rise today in support of H.R. 5946, a
bill to reauthorize the Magnuson-Stevens Fishery Conservation and
Management Act. This bill will improve the management of our nation's
fishery resources, and help ensure that we have a sustainable supply of
seafood for Americans. Importantly, the new bill would permit regional
fishery councils to implement market-based management programs for
fisheries that will improve the economics of fishing and enhance the
safety of our fishing fleets.
I am also pleased that the new legislation would not disrupt the
ongoing efforts by the Pacific Fishery Management Council to improve
the management of its groundfish fisheries. The Pacific Council is
working diligently to develop a rationalization program for its
groundfish fisheries. This process has been underway for more than 3
years, and is nearing completion. While the bill requires the Pacific
Council to implement an appropriate groundfish management program
within 24 months from the date of enactment, and to meet other
requirements in the new law, it does not require the Pacific Council to
begin anew in developing that program.
I would like to thank Chairman Pombo and Ranking Member Rahall for
their efforts on this bill, and for their willingness to work with us
on issues of importance to our Pacific Northwest fisheries.
Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Gilchrest) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 5946.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
amendment was concurred in.
A motion to reconsider was laid on the table.
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