[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Senate]
[Pages 23017-23045]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5224. Mr. STEVENS proposed an amendment to the bill H.R. 5946, 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; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 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. Sestern Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.

                  Title I--Conservation and Management

Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific 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. 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

[[Page 23018]]

       ``(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 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''.

[[Page 23019]]

       (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.
       ``(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)--

[[Page 23020]]

       (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);
       (k) 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;
       ``(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

[[Page 23021]]

     Council that have been approved by the Secretary and 
     published in the Federal Register.

       ``(ii) Failure to comply with plan.--The Secretary shall 
     deny or revoke limited access privileges granted under this 
     section for any person who fails to comply with the 
     requirements of the community sustainability plan. Any 
     limited access privileges denied or revoked under this 
     section may be reallocated to other eligible members of the 
     fishing community.
       ``(B) Participation criteria.--In developing participation 
     criteria for eligible communities under this paragraph, a 
     Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion;
       ``(v) the expected effectiveness, operational transparency, 
     and equitability of the community sustainability plan; and
       ``(vi) the potential for improving economic conditions in 
     remote coastal communities lacking resources to participate 
     in harvesting or processing activities in the fishery.
       ``(4) Regional fishery associations.--
       ``(A) In general.--To be eligible to participate in a 
     limited access privilege program to harvest fish, a regional 
     fishery association shall--
       ``(i) be located within the management area of the relevant 
     Council;
       ``(ii) meet criteria developed by the relevant Council, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(iii) be a voluntary association, among willing parties, 
     with established by-laws and operating procedures;
       ``(iv) consist of participants in the fishery who hold 
     quota share that are designated for use in the specific 
     region or subregion covered by the regional fishery 
     association, including commercial or recreational fishing, 
     processing, fishery-dependent support businesses, or fishing 
     communities;
       ``(v) not be eligible to receive an initial allocation of a 
     limited access privilege but may acquire such privileges 
     after the initial allocation, and may hold the annual fishing 
     privileges of any limited access privileges it holds or the 
     annual fishing privileges that is members contribute; and
       ``(vi) develop and submit a regional fishery association 
     plan to the Council and the Secretary for approval based on 
     criteria developed by the Council that have been approved by 
     the Secretary and published in the Federal Register.
       ``(B) Failure to comply with plan.--The Secretary shall 
     deny or revoke limited access privileges granted under this 
     section to any person participating in a regional fishery 
     association who fails to comply with the requirements of the 
     regional fishery association plan.
       ``(C) Participation criteria.--In developing participation 
     criteria for eligible regional fishery associations under 
     this paragraph, a Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion;
       ``(v) the administrative and fiduciary soundness of the 
     association; and
       ``(vi) the expected effectiveness, operational 
     transparency, and equitability of the fishery association 
     plan.
       ``(5) Allocation.--In developing a limited access privilege 
     program to harvest fish a Council or the Secretary shall--
       ``(A) establish procedures to ensure fair and equitable 
     initial allocations, including consideration of--
       ``(i) current and historical harvests;
       ``(ii) employment in the harvesting and processing sectors;
       ``(iii) investments in, and dependence upon, the fishery; 
     and
       ``(iv) the current and historical participation of fishing 
     communities;
       ``(B) consider the basic cultural and social framework of 
     the fishery, especially through--
       ``(i) the development of policies to promote the sustained 
     participation of small owner-operated fishing vessels and 
     fishing communities that depend on the fisheries, including 
     regional or port-specific landing or delivery requirements; 
     and
       ``(ii) procedures to address concerns over excessive 
     geographic or other consolidation in the harvesting or 
     processing sectors of the fishery;
       ``(C) include measures to assist, when necessary and 
     appropriate, entry-level and small vessel owner-operators, 
     captains, crew, and fishing communities through set-asides of 
     harvesting allocations, including providing privileges, which 
     may include set-asides or allocations of harvesting 
     privileges, or economic assistance in the purchase of limited 
     access privileges;
       ``(D) ensure that limited access privilege holders do not 
     acquire an excessive share of the total limited access 
     privileges in the program by--
       ``(i) establishing a maximum share, expressed as a 
     percentage of the total limited access privileges, that a 
     limited access privilege holder is permitted to hold, 
     acquire, or use; and
       ``(ii) establishing any other limitations or measures 
     necessary to prevent an inequitable concentration of limited 
     access privileges; and
       ``(E) authorize limited access privileges to harvest fish 
     to be held, acquired, used by, or issued under the system to 
     persons who substantially participate in the fishery, 
     including in a specific sector of such fishery, as specified 
     by the Council.
       ``(6) Program initiation.--
       ``(A) Limitation.--Except as provided in subparagraph (D), 
     a Council may initiate a fishery management plan or amendment 
     to establish a limited access privilege program to harvest 
     fish on its own initiative or if the Secretary has certified 
     an appropriate petition.
       ``(B) Petition.--A group of fishermen constituting more 
     than 50 percent of the permit holders, or holding more than 
     50 percent of the allocation, in the fishery for which a 
     limited access privilege program to harvest fish is sought, 
     may submit a petition to the Secretary requesting that the 
     relevant Council or Councils with authority over the fishery 
     be authorized to initiate the development of the program. Any 
     such petition shall clearly state the fishery to which the 
     limited access privilege program would apply. For 
     multispecies permits in the Gulf of Mexico, only those 
     participants who have substantially fished the species 
     proposed to be included in the limited access program shall 
     be eligible to sign a petition for such a program and shall 
     serve as the basis for determining the percentage described 
     in the first sentence of this subparagraph.
       ``(C) Certification by secretary.--Upon the receipt of any 
     such petition, the Secretary shall review all of the 
     signatures on the petition and, if the Secretary determines 
     that the signatures on the petition represent more than 50 
     percent of the permit holders, or holders of more than 50 
     percent of the allocation in the fishery, as described by 
     subparagraph (B), the Secretary shall certify the petition to 
     the appropriate Council or Councils.
       ``(D) New england and gulf referendum.--
       ``(i) Except as provided in clause (iii) for the Gulf of 
     Mexico commercial red snapper fishery, the New England and 
     Gulf Councils may not submit, and the Secretary may not 
     approve or implement, a fishery management plan or amendment 
     that creates an individual fishing quota program, including a 
     Secretarial plan, unless such a system, as ultimately 
     developed, has been approved by more than \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.

[[Page 23022]]

       ``(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.
       (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) 
     is amended by striking ``management and enforcement'' and 
     inserting ``management, data collection, and enforcement''.
       (c) Investment in United States Seafood Processing 
     Facilities.--The Secretary of Commerce shall work with the 
     Small Business Administration and other Federal agencies to 
     develop financial and other mechanisms to encourage United 
     States investment in seafood processing facilities in the 
     United States for fisheries that lack capacity needed to 
     process fish harvested by United States vessels in compliance 
     with the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1801 et seq.).
       (d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 
     U.S.C. 1854(d)(2)(C)(i)) is amended by striking ``section 
     305(h)(5)(B)'' and all that follows and inserting ``section 
     305(h)(5)(B).''.
       (e) Application With American Fisheries Act.--Nothing in 
     section 303A of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), as added by 
     subsection (a), shall be construed to modify or supersede any 
     provision of the American Fisheries Act (46 U.S.C. 12102 
     note; 16 U.S.C. 1851 note; et alia).

     SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

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

[[Page 23023]]

     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;
       (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

[[Page 23024]]

     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.
       ``(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

[[Page 23025]]

     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.
       ``(c) 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

[[Page 23026]]

     adoption and use of technologies developed under the program; 
     and
       ``(4) provide for routine consultation with the Councils in 
     order to maximize opportunities to incorporate results of the 
     program in Council actions and provide incentives for 
     adoption of methods developed under the program in fishery 
     management plans developed by the Councils.
       ``(b) Incentives.--Any fishery management plan prepared by 
     a Council or by the Secretary may establish a system of 
     incentives to reduce total bycatch and seabird interactions, 
     amounts, bycatch rates, and post-release mortality in 
     fisheries under the Council's or Secretary's jurisdiction, 
     including--
       ``(1) measures to incorporate bycatch into quotas, 
     including the establishment of collective or individual 
     bycatch quotas;
       ``(2) measures to promote the use of gear with verifiable 
     and monitored low bycatch and seabird interactions, rates; 
     and
       ``(3) measures that, based on the best scientific 
     information available, will reduce bycatch and seabird 
     interactions, bycatch mortality, post-release mortality, or 
     regulatory discards in the fishery.
       ``(c) Coordination on Seabird Interactions.--The Secretary, 
     in coordination with the Secretary of Interior, is authorized 
     to undertake projects in cooperation with industry to improve 
     information and technology to reduce seabird bycatch, 
     including--
       ``(1) outreach to industry on new technologies and methods;
       ``(2) projects to mitigate for seabird mortality; and
       ``(3) actions at appropriate international fishery 
     organizations to reduce seabird interactions in fisheries.
       ``(d) Report.--The Secretary shall transmit an annual 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Resources that--
       ``(1) describes funding provided to implement this section;
       ``(2) describes developments in gear technology achieved 
     under this section; and
       ``(3) describes improvements and reduction in bycatch and 
     seabird interactions associated with implementing this 
     section, as well as proposals to address remaining bycatch or 
     seabird interaction problems.''.
       (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

[[Page 23027]]

     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 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.

[[Page 23028]]

       ``(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;
       ``(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'';

[[Page 23029]]

       (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.

     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--

[[Page 23030]]

       (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.

     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

[[Page 23031]]

     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).
       (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

[[Page 23032]]

     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
       ``(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

[[Page 23033]]

       ``(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;
       ``(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''.

[[Page 23034]]



     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.
       (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.

[[Page 23035]]

       (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).

[[Page 23036]]



     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 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; or
       (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

[[Page 23037]]

     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 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

[[Page 23038]]

     individual appointed to fill a vacancy occurring prior to the 
     expiration of the term of office of that individual's 
     predecessor shall be appointed for the remainder of that 
     term.
       (b) Independent Member.--In addition to individuals 
     appointed under subsection (a), the Secretary, jointly with 
     the Government of Canada, shall appoint 1 independent member 
     to the joint technical committee selected from a list of 
     names provided by the advisory panel.

     SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

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

     SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

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

     SEC. 608. RULEMAKING.

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

     SEC. 609. ADMINISTRATIVE MATTERS.

       (a) Employment Status.--Individuals 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;

[[Page 23039]]

       (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 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

[[Page 23040]]

     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 
     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--

[[Page 23041]]

       (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 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--

[[Page 23042]]

       (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 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;

[[Page 23043]]

       ``(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''.
                                 ______
                                 
  SA 5225. Mr. McCONNELL (for Mr. Frist) proposed an amendment to the 
bill H.R. 6111, to amend the Internal Revenue Code of 1986 to provide 
that the Tax Court may review claims for equitable innocent spouse 
relief and to suspend the running on the period of limitations while 
such claims are pending; as follows:

       In line 17, page 3, strike ``on or''.
                                 ______
                                 
  SA 5226. Mr. DeWINE (for Mr. Domenici) proposed an amendment to the 
bill S. 1529, to provide for the conveyance of certain Federal land in 
the city of Yuma, Arizona; as follows:

       Strike section 4(d) and insert the following:
       (d) Disposition and Use of Proceeds.--Amounts paid to the 
     Secretary under subsection (b) shall be available to the 
     Secretary, without further appropriation and until expended, 
     to pay--
       (1) the administrative costs of the conveyance under 
     subsection (a); and
       (2) the costs of constructing the Kofa National Wildlife 
     Refuge headquarters and visitor center in Yuma, Arizona.
                                 ______
                                 
  SA 5227. Mr. DeWINE (for Mr. Domenici) proposed an amendment to the 
bill S. 1548, to provide for the conveyance of certain Forest Service 
land to the city of Coffman Cove, Alaska; as follows:

       At the end of the bill, add the following:

     SEC. 4. OFFSETS.

       (a) George Washington Birthplace National Monument 
     Expansion.--Section 2 of Public Law 107-354 (16 U.S.C. 442 
     note) is amended by striking ``or appropriated funds''.
       (b) Maggie L. Walker National Historic Site.--Section 
     511(e)(1) of the National Parks and Recreation Act of 1978 
     (16 U.S.C. 461 note; Public Law 95-625) is amended by 
     striking ``$795,000'' and inserting ``$195,000''.
                                 ______
                                 
  SA 5228. Mr. DeWINE (for Mr. Domenici) proposed an amendment to the 
bill S. 2054, to direct the Secretary of the Interior to conduct a 
study of water resources in the State of Vermont; as follows:

       At the end of the bill, add the following:

     SEC. 2. OFFSET.

       Section 201(a) of the Water Resources Development Act of 
     1986 (Public Law 99-662; 100 Stat. 4090) is amended in the 
     undesignated paragraph under the heading ``norfolk harbor and 
     channels, virginia'' by striking ``$551,000,000, with an 
     estimated first Federal cost of $256,000,000'' and inserting 
     ``$545,000,000, with an estimated first Federal cost of 
     $250,000,000''.
                                 ______
                                 
  SA 5229. Mr. DeWINE (for Mr. Domenici) proposed an amendment to the 
bill S. 2205, to direct the Secretary of the Interior to convey certain 
parcels of land acquired for the Blunt Reservoir and Pierre Canal 
features of the initial stage of the Oahe Unit, James Division, South 
Dakota, to the Commission of Schools and Public Lands and the 
Department of Game, Fish, and Parks of the State of South Dakota for 
the purpose of mitigating lost wildlife habitat, on the condition that 
the current preferential leaseholders shall have an option to purchase 
the parcels

[[Page 23044]]

from the Commission, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Blunt Reservoir and Pierre 
     Canal Land Conveyance Act of 2006''.

     SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.

       (a) Definitions.--In this section:
       (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
     feature'' means the Blunt Reservoir feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (2) Commission.--The term ``Commission'' means the 
     Commission of Schools and Public Lands of the State.
       (3) Nonpreferential lease parcel.--The term 
     ``nonpreferential lease parcel'' means a parcel of land 
     that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a nonpreferential lease parcel by 
     the Secretary as of January 1, 2001, and is reflected as such 
     on the roster of leases of the Bureau of Reclamation for 
     2001.
       (4) Pierre canal feature.--The term ``Pierre Canal 
     feature'' means the Pierre Canal feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (5) Preferential leaseholder.--The term ``preferential 
     leaseholder'' means a person or descendant of a person that 
     held a lease on a preferential lease parcel as of January 1, 
     2001, and is reflected as such on the roster of leases of the 
     Bureau of Reclamation for 2001.
       (6) Preferential lease parcel.--The term ``preferential 
     lease parcel'' means a parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a preferential lease parcel by the 
     Secretary as of January 1, 2001, and is reflected as such on 
     the roster of leases of the Bureau of Reclamation for 2001.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) State.--The term ``State'' means the State of South 
     Dakota, including a successor in interest of the State.
       (9) Unleased parcel.--The term ``unleased parcel'' means a 
     parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) is not under lease as of the date of enactment of this 
     Act.
       (b) Deauthorization.--The Blunt Reservoir feature is 
     deauthorized.
       (c) Acceptance of Land and Obligations.--
       (1) In general.--As a term of each conveyance under 
     subsections (d)(5) and (e), respectively, the State may agree 
     to accept--
       (A) in ``as is'' condition, the portions of the Blunt 
     Reservoir Feature and the Pierre Canal Feature that pass into 
     State ownership;
       (B) any liability accruing after the date of conveyance as 
     a result of the ownership, operation, or maintenance of the 
     features referred to in subparagraph (A), including liability 
     associated with certain outstanding obligations associated 
     with expired easements, or any other right granted in, on, 
     over, or across either feature; and
       (C) the responsibility that the Commission will act as the 
     agent for the Secretary in administering the purchase option 
     extended to preferential leaseholders under subsection (d).
       (2) Responsibilities of the state.--An outstanding 
     obligation described in paragraph (1)(B) shall inure to the 
     benefit of, and be binding upon, the State.
       (3) Oil, gas, mineral and other outstanding rights.--A 
     conveyance to the State under subsection (d)(5) or (e) or a 
     sale to a preferential leaseholder under subsection (d) shall 
     be made subject to--
       (A) oil, gas, and other mineral rights reserved of record, 
     as of the date of enactment of this Act, by or in favor of a 
     third party; and
       (B) any permit, license, lease, right-of-use, or right-of-
     way of record in, on, over, or across a feature referred to 
     in paragraph (1)(A) that is outstanding as to a third party 
     as of the date of enactment of this Act.
       (4) Additional conditions of conveyance to state.--A 
     conveyance to the State under subsection (d)(5) or (e) shall 
     be subject to the reservations by the United States and the 
     conditions specified in section 1 of the Act of May 19, 1948 
     (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
     the transfer of property to State agencies for wildlife 
     conservation purposes.
       (d) Purchase Option.--
       (1) In general.--A preferential leaseholder shall have an 
     option to purchase from the Secretary or the Commission, 
     acting as an agent for the Secretary, the preferential lease 
     parcel that is the subject of the lease.
       (2) Terms.--
       (A) In general.--Except as provided in subparagraph (B), a 
     preferential leaseholder may elect to purchase a parcel on 
     one of the following terms:
       (i) Cash purchase for the amount that is equal to--

       (I) the value of the parcel determined under paragraph (4); 
     minus
       (II) ten percent of that value.

       (ii) Installment purchase, with 10 percent of the value of 
     the parcel determined under paragraph (4) to be paid on the 
     date of purchase and the remainder to be paid over not more 
     than 30 years at 3 percent annual interest.
       (B) Value under $10,000.--If the value of the parcel is 
     under $10,000, the purchase shall be made on a cash basis in 
     accordance with subparagraph (A)(i).
       (3) Option exercise period.--
       (A) In general.--A preferential leaseholder shall have 
     until the date that is 5 years after enactment of this Act to 
     exercise the option under paragraph (1).
       (B) Continuation of leases.--Until the date specified in 
     subparagraph (A), a preferential leaseholder shall be 
     entitled to continue to lease from the Secretary the parcel 
     leased by the preferential leaseholder under the same terms 
     and conditions as under the lease, as in effect as of the 
     date of enactment of this Act.
       (4) Valuation.--
       (A) In general.--The value of a preferential lease parcel 
     shall be its fair market value for agricultural purposes 
     determined by an independent appraisal less 25 percent, 
     exclusive of the value of private improvements made by the 
     leaseholders while the land was federally owned before the 
     date of the enactment of this Act, in conformance with the 
     Uniform Appraisal Standards for Federal Land Acquisition.
       (B) Fair market value.--Any dispute over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (5) Conveyance to the state.--
       (A) In general.--If a preferential leaseholder fails to 
     purchase a parcel within the period specified in paragraph 
     (3)(A), the Secretary shall offer to convey the parcel to the 
     State of South Dakota Department of Game, Fish, and Parks.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (6) Use of proceeds.--Proceeds of sales of land under this 
     Act shall be deposited as miscellaneous funds in the Treasury 
     and such funds shall be made available, subject to 
     appropriations, to the State for the establishment of a trust 
     fund to pay the county taxes on the lands received by the 
     State Department of Game, Fish, and Parks under the bill.
       (e) Conveyance of Nonpreferential Lease Parcels and 
     Unleased Parcels.--
       (1) Conveyance by secretary to state.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall offer to convey to 
     the South Dakota Department of Game, Fish, and Parks the 
     nonpreferential lease parcels and unleased parcels of the 
     Blunt Reservoir and Pierre Canal.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (2) Land exchanges for nonpreferential lease parcels and 
     unleased parcels.--
       (A) In general.--With the concurrence of the South Dakota 
     Department of Game, Fish, and Parks, the South Dakota 
     Commission of Schools and Public Lands may allow a person to 
     exchange land that the person owns elsewhere in the State for 
     a nonpreferential lease parcel or unleased parcel at Blunt 
     Reservoir or Pierre Canal, as the case may be.
       (B) Priority.--The right to exchange nonpreferential lease 
     parcels or unleased parcels shall be granted in the following 
     order or priority:
       (i) Exchanges with current lessees for nonpreferential 
     lease parcels.
       (ii) Exchanges with adjoining and adjacent landowners for 
     unleased parcels and nonpreferential lease parcels not 
     exchanged by current lessees.
       (C) Easement for water conveyance structure.--As a 
     condition of the exchange of land of the Pierre Canal Feature 
     under this paragraph, the United States reserves a perpetual 
     easement to the land to allow for the right to design, 
     construct, operate, maintain, repair, and replace a pipeline 
     or other water conveyance structure over, under, across, or 
     through the Pierre Canal feature.
       (f) Release From Liability.--
       (1) In general.--Effective on the date of conveyance of any 
     parcel under this Act, the United States shall not be held 
     liable by any court for damages of any kind arising out of 
     any act, omission, or occurrence relating to the parcel, 
     except for damages for acts of negligence committed by the 
     United States or by an employee, agent, or contractor of

[[Page 23045]]

     the United States, before the date of conveyance.
       (2) No additional liability.--Nothing in this section adds 
     to any liability that the United States may have under 
     chapter 171 of title 28, United States Code (commonly known 
     as the ``Federal Tort Claims Act'').
       (g) Requirements Concerning Conveyance of Lease Parcels.--
       (1) Interim requirements.--During the period beginning on 
     the date of enactment of this Act and ending on the date of 
     conveyance of the parcel, the Secretary shall continue to 
     lease each preferential lease parcel or nonpreferential lease 
     parcel to be conveyed under this section under the terms and 
     conditions applicable to the parcel on the date of enactment 
     of this Act.
       (2) Provision of parcel descriptions.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary, in consultation with the Commission, shall provide 
     the State a full legal description of all preferential lease 
     parcels and nonpreferential lease parcels that may be 
     conveyed under this section.
       (h) Curation of Archeological Collections.--The Secretary, 
     in consultation with the State, shall transfer, without cost 
     to the State, all archeological and cultural resource items 
     collected from the Blunt Reservoir Feature and Pierre Canal 
     Feature to the South Dakota State Historical Society.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act $750,000 to 
     reimburse the Secretary for expenses incurred in implementing 
     this Act, and such sums as are necessary to reimburse the 
     Commission and the State Department of Game, Fish, and Parks 
     for expenses incurred implementing this Act, not to exceed 10 
     percent of the cost of each transaction conducted under this 
     Act.

                                 ______
                                 
  SA 5230. Mr. WYDEN (for himself, Ms. Cantwell, Mr. Smith, Mrs. 
Murray, and Mrs. Boxer) submitted an amendment intended to be proposed 
by him to the bill H.R. 6111, to amend the Internal Revenue Code of 
1986 to provide that the Tax Court may review claims for equitable 
innocent spouse relief and to suspend the running on the period of 
limitations while such claims are pending; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FUNDING SOURCE FOR RURAL SCHOOLS AND COMMUNITIES 
                   PAYMENTS.

       (a) Rural Schools and Communities Trust Fund.--
       (1) In general.--Subchapter A of chapter 98 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 9511. RURAL SCHOOLS AND COMMUNITIES TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Rural Schools and Communities Trust Fund', consisting of 
     such amounts as may be appropriated or credited to such Trust 
     Fund as provided in this section or section 9602(b).
       ``(b) Transfers to Trust Fund.--There are hereby 
     appropriated to the Rural Schools and Communities Trust Fund 
     amounts equivalent to the amounts estimated by the Secretary 
     by which Federal revenues are increased, before January 1, 
     2011, as a result of the provisions of section 3402(t).
       ``(c) Expenditures From Trust Fund.--Amounts in the Rural 
     Schools and Communities Trust Fund shall be available only 
     for--
       ``(1) payments to eligible States under section 102(a)(2) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000; and
       ``(2) payments to eligible counties under section 103(a)(2) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000.''.
       (2) Conforming amendments.--
       (A) Payments to states.--Paragraph (3) of section 102(b) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is amended 
     by striking ``out of any funds in the Treasury not otherwise 
     appropriated'' and inserting ``out of the Rural Schools and 
     Communities Trust Fund under section 9511 of the Internal 
     Revenue Code of 1986''.
       (B) Payments to counties.--Paragraph (2) of section 103(b) 
     of the Secure Rural Schools and Community Self-Determination 
     Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is 
     amended by striking ``out of any funds in the Treasury not 
     otherwise appropriated'' and inserting ``out of the Rural 
     Schools and Communities Trust Fund under section 9511 of the 
     Internal Revenue Code of 1986''.
       (3) Clerical amendment.--The table of sections for 
     subchapter A of chapter 98 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 9511. Rural Schools and Communities Trust Fund.''.

       (4) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2007.
       (b) Imposition of Withholding on Certain Payments Made by 
     Government Entities.--
       (1) Acceleration of effective date.--Section 511(b) of the 
     Tax Increase Prevention and Reconciliation Act of 2005 is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2006''.
       (2) Exclusion for payments to small businesses before 
     2011.--Paragraph (2) of section 3402(t) of the Internal 
     Revenue Code of 1986 is amended by striking ``and'' at the 
     end of subparagraph (H), by striking the period at the end of 
     subparagraph (I) and inserting ``, and'', and by adding at 
     the end the following :
       ``(J) made before January 1, 2011, to any business which 
     employed fewer than 50 employees during the preceding taxable 
     year.

     For purposes of subparagraph (J), rules similar to the rules 
     of paragraphs (2)(A) and (6) of section 44(d) shall apply.''.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the Tax Increase 
     Prevention and Reconciliation Act of 2005.
       (c) Extension of Secure Rural Schools and Community Self-
     Determination Act.--The Secure Rural Schools and Community 
     Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is 
     amended--
       (1) in sections 208 and 303, by striking ``2007'' both 
     places it appears and inserting ``2008''; and
       (2) in sections 101(a), 102(b)(2), 103(b)(1), 203(a)(1), 
     207(a), 208, 303, and 401, by striking ``2006'' each place it 
     appears and inserting ``2007''.

     

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