[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11661-11680]
[From the U.S. Government Publishing Office, www.gpo.gov]




 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2005

  Mr. WARNER. Before I finish, I have a request of the leadership. I 
ask unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 389, S. 2012.
  The PRESIDING OFFICER (Mr. Sununu). The clerk will report the bill by 
title.
  The assistant legislative clerk read as follows:

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

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                  TITLE I--CONSERVATION AND MANAGEMENT

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

                   TITLE II--INFORMATION AND RESEARCH

Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries Conservation and Management Fund.
Sec. 209. Use of fishery finance program and capital construction fund 
              for sustainable purposes.
Sec. 210. Regional ecosystem research.

[[Page 11662]]

Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Shrimp and oyster fisheries and habitats.

                  TITLE III--OTHER FISHERIES STATUTES

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

                        TITLE IV--INTERNATIONAL

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

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

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

                       TITLE VI--PACIFIC WHITING

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

     SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION 
                   AND MANAGEMENT ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.

       (a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is 
     amended by adding at the end the following:
       ``(11) A number of the Fishery Management Councils have 
     demonstrated significant progress in integrating ecosystem 
     considerations in fisheries management using the existing 
     authorities provided under this Act.''.
       (b) In General.--Section 3 (16 U.S.C. 1802) is amended--
       (1) by inserting after paragraph (6) the following:
       ``(6A) The term `confidential information' means--
       ``(A) trade secrets; or
       ``(B) commercial or financial information the disclosure of 
     which is likely to result in substantial harm to the 
     competitive position of the person who submitted the 
     information to the Secretary.'';
       (2) by inserting after paragraph (13) the following:
       ``(13A) The term `regional fishery association' means an 
     association formed for the mutual benefit of members--
       ``(A) to meet social and economic needs in a region or 
     subregion; and
       ``(B) comprised of persons engaging in the harvest or 
     processing of fishery resources in that specific region or 
     subregion or who otherwise own or operate businesses 
     substantially dependent upon a fishery.'';
       (3) by inserting after paragraph (20) the following:
       ``(20A) The term `import'--
       ``(A) means to land on, bring into, or introduce into, or 
     attempt to land on, bring into, or introduce into, any place 
     subject to the jurisdiction of the United States, whether or 
     not such landing, bringing, or introduction constitutes an 
     importation within the meaning of the customs laws of the 
     United States; but
       ``(B) does not include any activity described in 
     subparagraph (A) with respect to fish caught in the exclusive 
     economic zone or by a vessel of the United States.'';
       (4) by inserting after paragraph (23) the following:
       ``(23A) The term `limited access privilege'--
       ``(A) means a Federal permit, issued as part of a limited 
     access system under section 303A to harvest a quantity of 
     fish that may be received or held for exclusive use by a 
     person; and
       ``(B) includes an individual fishing quota; but
       ``(C) does not include community development quotas as 
     described in section 305(i).''; and
       (5) by inserting after paragraph (27) the following:
       ``(27A) The term `observer information' means any 
     information collected, observed, retrieved, or created by an 
     observer or electronic monitoring system pursuant to 
     authorization by the Secretary, or collected as part of a 
     cooperative research initiative, including fish harvest or 
     processing observations, fish sampling or weighing data, 
     vessel logbook data, vessel or processor-specific information 
     (including any safety, location, or operating condition 
     observations), and video, audio, photographic, or written 
     documents.''.
       (c) Redesignation.--Paragraphs (1) through (45) of section 
     3 (16 U.S.C. 1802), as amended by subsection (a), are 
     redesignated as paragraphs (1) thorough (50), respectively.
       (d) Conforming Amendments.--
       (1) The following provisions of the Act are amended by 
     striking ``an individual fishing quota'' and inserting ``a 
     limited access privilege'':
       (A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
       (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 
     1883(a)(1)(D); (c)(1)).
       (2) The following provisions of the Act are amended by 
     striking ``individual fishing quota'' and inserting ``limited 
     access privilege'':
       (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
       (B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)).
       (C) Section 407(c)(2)(B) (16 U.S.C. 1883(c)(2)(B)).
       (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by 
     striking ``individual fishing quotas,'' and inserting 
     ``limited access privileges,''.

     SEC. 4. HIGHLY MIGRATORY SPECIES.

       Section 102 (16 U.S.C. 1812) is amended--
       (1) by inserting ``(a) In General.--'' before ``The''; and
       (2) by adding at the end the following:
       ``(b) Traditional Participation.--For fisheries being 
     managed under an international fisheries agreement to which 
     the United States is a party, Council or Secretarial action, 
     if any, shall reflect traditional participation in the 
     fishery, relative to other Nations, by fishermen of the 
     United States on fishing vessels of the United States.
       ``(c) Promotion of Stock Management.--If a relevant 
     international fisheries organization does not have a process 
     for developing a formal plan to rebuild a depleted stock, an 
     overfished stock, or a stock that is approaching a condition 
     of being overfished, the provisions of this Act in this 
     regard shall be communicated to and promoted by the United 
     States in the international or regional fisheries 
     organization.''.

     SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

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

     SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

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

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE I--CONSERVATION AND MANAGEMENT

     SEC. 101. CUMULATIVE IMPACTS.

       (a) National Standards.--Section 301(a)(8) (16 U.S.C. 
     1851(a)(8)) is amended by inserting ``by utilizing economic 
     and social data and assessment methods based on the best 
     economic and social information available,'' after ``fishing 
     communities''.
       (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 
     1853(a)(9)) is amended by striking ``describe the likely 
     effects, if any, of the conservation and management measures 
     on--'' and inserting ``analyze the likely effects, if any, 
     including the cumulative economic and social impacts, of the 
     conservation and management measures on, and possible 
     mitigation measures for--''.

[[Page 11663]]



     SEC. 102. CARIBBEAN COUNCIL JURISDICTION.

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

     SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.

       (a) Tribal Alternate on Pacific Council.--Section 302(b)(5) 
     (16 U.S.C. 1852(b)(5)) is amended by adding at the end 
     thereof the following:
       ``(D) The tribal representative appointed under 
     subparagraph (A) may designate as an alternate, during the 
     period of the representative's term, an individual 
     knowledgeable concerning tribal rights, tribal law, and the 
     fishery resources of the geographical area concerned.''.
       (b) Scientific and Statistical Committees.--Section 302(g) 
     (16 U.S.C. 1852(g)) is amended--
       (1) by striking so much of subsection (g) as precedes 
     paragraph (2) and inserting the following:
       ``(g) Committees and Advisory Panels.--
       ``(1)(A) Each Council shall establish, maintain, and 
     appoint the members of a scientific and statistical committee 
     to assist it in the development, collection, evaluation, and 
     peer review of such statistical, biological, economic, 
     social, and other scientific information as is relevant to 
     such Council's development and amendment of any fishery 
     management plan.
       ``(B) Each scientific and statistical committee shall 
     provide its Council ongoing scientific advice for fishery 
     management decisions, including recommendations for 
     acceptable biological catch or maximum sustainable yield, and 
     reports on stock status and health, bycatch, habitat status, 
     socio-economic impacts of management measures, and 
     sustainability of fishing practices.
       ``(C) Members appointed by the Councils to the scientific 
     and statistical committees shall be Federal employees, State 
     employees, academicians, or independent experts with strong 
     scientific or technical credentials and experience.
       ``(D) The Secretary and each Council may establish a peer 
     review process for that Council for scientific information 
     used to advise the Council about the conservation and 
     management of the fishery. The review process, which may 
     include existing committees or panels, is deemed to satisfy 
     the requirements of the guidelines issued pursuant to section 
     515 of the Treasury and General Government Appropriations Act 
     for Fiscal year 2001 (Public Law 106-554--Appendix C; 114 
     Stat. 2763A-153).
       ``(E) In addition to the provisions of section 302(f)(7), 
     the Secretary may pay a stipend to members of the scientific 
     and statistical committees or advisory panels who are not 
     employed by the Federal government or a State marine 
     fisheries agency.'';
       (2) by striking ``other'' in paragraph (2); and
       (3) by resetting the left margin of paragraphs (2) through 
     (5) 2 ems from the left.
       (c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) 
     is amended--
       (1) by striking ``authority, and'' in paragraph (5) and 
     inserting ``authority;'';
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5) the following:
       ``(6) adopt annual catch limits for each of its managed 
     fisheries after considering the recommendations of its 
     scientific and statistical committee or the peer review 
     process established under subsection (g); and''.
       (d) Regular and Emergency Meetings.--The first sentence of 
     section 302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended--
       (1) by striking ``published in local newspapers'' and 
     inserting ``provided by any means that will result in wide 
     publicity (except that e-mail notification and website 
     postings alone are not sufficient)''; and
       (2) by striking ``fishery) and such notice may be given by 
     such other means as will result in wide publicity.'' and 
     inserting ``fishery).''.
       (e) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C. 
     1852(i)(3)(B)) is amended by striking ``notify local 
     newspapers'' and inserting ``provide notice by any means that 
     will result in wide publicity''.
       (f) Training.--Section 302 (16 U.S.C. 1852) is amended by 
     adding at the end the following:
       ``(k) Council Training Program.--
       ``(1) Training course.--Within 6 months after the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2005, the Secretary, in 
     consultation with the Councils and the National Sea Grant 
     College Program, shall develop a training course for newly 
     appointed Council members. The course may cover a variety of 
     topics relevant to matters before the Councils, including--
       ``(A) fishery science and basic stock assessment methods;
       ``(B) fishery management techniques, data needs, and 
     Council procedures;
       ``(C) social science and fishery economics;
       ``(D) tribal treaty rights and native customs, access, and 
     other rights related to Western Pacific indigenous 
     communities;
       ``(E) legal requirements of this Act, including conflict of 
     interest and disclosure provisions of this section and 
     related policies;
       ``(F) other relevant legal and regulatory requirements, 
     including the National Environmental Policy Act (42 U.S.C. 
     4321 et seq.);
       ``(G) public process for development of fishery management 
     plans; and
       ``(H) other topics suggested by the Council.
       ``(2) Member training.--The training course shall be 
     available to both new and existing Council members, and may 
     be made available to committee or advisory panel members as 
     resources allow.
       ``(l) Council Coordination Committee.--The Councils may 
     establish a Council coordination committee consisting of the 
     chairs, vice chairs, and executive directors of each of the 8 
     Councils described in subsection (a)(1), or other Council 
     members or staff, in order to discuss issues of relevance to 
     all Councils, including issues related to the implementation 
     of this Act.''.
       (g) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) 
     is amended--
       (1) by striking ``to the Councils or to the scientific and 
     statistical committees or advisory panels established under 
     subsection (g).'' in paragraph (1) and inserting ``to the 
     Councils, the Council coordination committee established 
     under subsection (l), or to the scientific and statistical 
     committees or other committees or advisory panels established 
     under subsection (g).'';
       (2) by striking ``of a Council, and of the scientific and 
     statistical committee and advisory panels established under 
     subsection (g):'' in paragraph (2) and inserting ``of a 
     Council, of the Council coordination committee established 
     under subsection (l), and of the scientific and statistical 
     committees or other committees or advisory panels established 
     under subsection (g):''; and
       (3) by inserting ``the Council Coordination Committee 
     established under subsection (1),'' in paragraph (3)(A) after 
     ``Council,''; and
       (4) by inserting ``other committee,'' in paragraph (3)(A) 
     after ``committee,''.
       (h) Conflicts of Interest.--Section 302(j) (16 U.S.C. 
     1852(j)) is amended--
       (1) by inserting ``lobbying, advocacy,'' after 
     ``processing,'' in paragraph (2);
       (2) by striking ``jurisdiction.'' in paragraph (2) and 
     inserting ``jurisdiction, or with respect to any other 
     individual or organization with a financial interest in such 
     activity.'';
       (3) by striking subparagraph (B) of paragraph (5) and 
     inserting the following:
       ``(B) be kept on file by the Council and made available on 
     the Internet and for public inspection at the Council offices 
     during reasonable times; and''; and
       (4) by adding at the end the following:
       ``(9) On January 1, 2008, and annually thereafter, the 
     Secretary shall submit a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources on action taken by the 
     Secretary and the Councils to implement the disclosure of 
     financial interest and recusal requirements of this 
     subsection.''.
       (i) Gulf of Mexico Fisheries Management Council.--Section 
     302(b)(2) (16 U.S.C. 1852(b)(2)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C) the following:
       ``(D)(i) The Secretary shall appoint to the Gulf of Mexico 
     Fisheries Management Council--
       ``(I) 5 representatives of the commercial fishing sector;
       ``(II) 5 representatives of the recreational fishing and 
     charter fishing sectors; and
       ``(III) 1 other individual who is knowledgeable regarding 
     the conservation and management of fisheries resources in the 
     jurisdiction of the Council.
       ``(ii) The Governor of a State submitting a list of names 
     of individuals for appointment by the Secretary of Commerce 
     to the Gulf of Mexico Fisheries Management Council under 
     subparagraph (C) shall include--
       ``(I) at least 1 nominee each from the commercial, 
     recreational, and charter fishing sectors; and
       ``(II) at least 1 other individual who is knowledgeable 
     regarding the conservation and management of fisheries 
     resources in the jurisdiction of the Council.
       ``(iii) If the Secretary determines that the list of names 
     submitted by the Governor does not meet the requirements of 
     clause (ii), the Secretary shall--
       ``(I) publish a notice in the Federal Register asking the 
     residents of that State to submit the names and pertinent 
     biographical data of individuals who would meet the 
     requirement not met for appointment to the Council; and
       ``(II) add the name of any qualified individual submitted 
     by the public who meets the unmet requirement to the list of 
     names submitted by the Governor.
       ``(iv) For purposes of clause (ii), an individual who owns 
     or operates a fish farm outside of the Unites States shall 
     not be considered to be a representative of the commercial 
     fishing sector.''.
       (j) Report and Recommendations on Gulf Council Amendment.--
       (1) In general.--Before August, 2011, the Secretary of 
     Commerce, in consultation with the Gulf of Mexico Fisheries 
     Management Council, shall analyze the impact of the amendment 
     made by subsection (i) and determine whether section 
     302(b)(2)(D) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(b)(2)(D)) has resulted in a 
     fair and balanced apportionment of the active participants in 
     the commercial and recreational fisheries under the 
     jurisdiction of the Council.
       (2) Report.--By no later than August, 2011, the Secretary 
     shall transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources setting forth the Secretary's findings 
     and determination, including any recommendations for 
     legislative or other changes that may be necessary to achieve 
     such

[[Page 11664]]

     a fair and balanced apportionment, including whether to renew 
     the authority.

     SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.

       (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is 
     amended--
       (1) striking ``and charter fishing'' in paragraph (5) and 
     inserting ``charter fishing, and fish processing'';
       (2) by inserting ``economic information necessary to meet 
     the requirements of this Act,'' in paragraph (5) after 
     ``number of hauls,'';
       (3) by striking ``fishery'' the first place it appears in 
     paragraph (13) and inserting ``fishery, including their 
     economic impact,'';
       (4) by striking ``and'' after the semicolon in paragraph 
     (13);
       (5) by striking ``allocate'' in paragraph (14) and 
     inserting ``allocate, taking into consideration the economic 
     impact of the harvest restrictions or recovery benefits on 
     the fishery participants in each sector,'';
       (6) by striking ``fishery.'' in paragraph (14) and 
     inserting ``fishery; and''; and
       (7) by adding at the end the following:
       ``(15) provide a mechanism for specifying annual catch 
     limits in the plan (including a multiyear plan), the 
     implementing regulations, or the annual specifications that 
     shall be established by the Council or Secretary based on the 
     best scientific information available at a level that does 
     not exceed optimum yield, and, for purposes of which harvests 
     exceeding the specified annual catch limit (including the 
     specified annual catch limit for a sector) shall either be 
     deducted from the following year's annual catch limit 
     (including the annual catch limit for that sector), or by 
     adjusting other management measures and input controls such 
     that the fishing mortality rate for the following year is 
     reduced to account for the overage to achieve the overfishing 
     and rebuilding objectives of the plan for that sector.''.
       (b) Effective Date.--The amendments made by subsection 
     (a)(5) shall take effect 2 years after the date of enactment 
     of this Act.

     SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

       Section 303(b) (16 U.S.C. 1853(b)) is amended--
       (1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
       (2) by inserting after paragraph (2) the following:
       ``(B) designate such zones in areas where deep sea corals 
     are identified under section 408, to protect deep sea corals 
     from physical damage from fishing gear or to prevent loss or 
     damage to such fishing gear from interactions with deep sea 
     corals, after considering long-term sustainable uses of 
     fishery resources in such areas; and
       ``(C) with respect to any closure of an area to all 
     fisheries managed under this Act, ensure that such closure--
       ``(i) is based on the best scientific information 
     available;
       ``(ii) includes criteria to assess the conservation benefit 
     of the closed area;
       ``(iii) establishes a timetable for review of the closed 
     area's performance that is consistent with the purposes of 
     the closed area; and
       ``(iv) is based on an assessment of the benefits and 
     impacts of the closure, including its size, in relation to 
     other management measures (either alone or in combination 
     with such measures), including the benefits and impacts of 
     limiting access to: users of the area, overall fishing 
     activity, fishery science, and fishery and marine 
     conservation;'';
       (2) by striking ``fishery;'' in paragraph (5) and inserting 
     ``fishery and take into account the different circumstances 
     affecting fisheries from different States and port, including 
     distances to fishing grounds and proximity to time and area 
     closures;'';
       (3) by striking paragraph (6) and inserting the following:
       ``(6) establish a limited access system for the fishery in 
     order to achieve optimum yield if, in developing such system, 
     the Council and the Secretary take into account--
       ``(A) the conservation requirements of this Act with 
     respect to the fishery;
       ``(B) present participation in the fishery;
       ``(C) historical fishing practices in, and dependence on, 
     the fishery;
       ``(D) the economics of the fishery;
       ``(E) the capability of fishing vessels used in the fishery 
     to engage in other fisheries;
       ``(F) the cultural and social framework relevant to the 
     fishery and any affected fishing communities;
       ``(G) the fair and equitable distribution of access 
     privileges to a public resource; and
       ``(H) any other relevant considerations;'';
       (4) by striking ``(other than economic data)'' in paragraph 
     (7);
       (5) by striking ``and'' after the semicolon in paragraph 
     (11); and
       (6) by redesignating paragraph (12) as paragraph (14) and 
     inserting after paragraph (11) the following:
       ``(12) establish a process for complying with the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.) pursuant to 
     section 304(h) of this Act;
       ``(13) include management measures in the plan to conserve 
     target and non-target species and habitats, considering the 
     variety of ecological factors affecting fishery populations; 
     and''.

     SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.

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

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

       ``(a) In General.--After the date of enactment of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2005, a Council may submit, and the 
     Secretary may approve, for a fishery that is managed under a 
     limited access system, a limited access privilege program to 
     harvest fish if the program meets the requirements of this 
     section.
       ``(b) No Creation of Right, Title, or Interest.--A limited 
     access system, limited access privilege, quota share, or 
     other authorization established, implemented, or managed 
     under this Act--
       ``(1) shall be considered a permit for the purposes of 
     sections 307, 308, and 309;
       ``(2) may be revoked, limited, or modified at any time in 
     accordance with this Act, including revocation for failure to 
     comply with the terms of the plan or if the system is found 
     to have jeopardized the sustainability of the stock or the 
     safety of fishermen;
       ``(3) shall not confer any right of compensation to the 
     holder of such limited access privilege, quota share, or 
     other such limited access system authorization if it is 
     revoked, limited, or modified;
       ``(4) shall not create, or be construed to create, any 
     right, title, or interest in or to any fish before the fish 
     is harvested by the holder; and
       ``(5) shall be considered a grant of permission to the 
     holder of the limited access privilege or quota share to 
     engage in activities permitted by such limited access 
     privilege or quota share.
       ``(c) Requirements for Limited Access Privileges.--
       ``(1) In general.--In addition to complying with the other 
     requirements of this Act, any limited access privilege 
     program to harvest fish submitted by a Council or approved by 
     the Secretary under this section shall--
       ``(A) if established in a fishery that is overfished or 
     subject to a rebuilding plan, assist in its rebuilding; and
       ``(B) if established in a fishery that is determined by the 
     Secretary or the Council to have over-capacity, contribute to 
     reducing capacity;
       ``(C) promote--
       ``(i) the safety of human life at sea; and
       ``(ii) the conservation and management of the fishery;
       ``(D) prohibit any person other than a United States 
     citizen, a corporation, partnership, or other entity 
     established under the laws of the United States or any State, 
     or a permanent resident alien, that meets the eligibility and 
     participation requirements established in the program from 
     acquiring a privilege to harvest fish;
       ``(E) require that all fish harvested under a limited 
     access privilege program be processed by vessels of the 
     United States, in United States waters, or on United States 
     soil (including any territory of the United States).
       ``(F) specify the goals of the program;
       ``(G) include provisions for the regular monitoring and 
     review by the Council and the Secretary of the operations of 
     the program, including determining progress in meeting the 
     goals of the program and this Act, and any necessary 
     modification of the program to meet those goals, with a 
     formal and detailed review 5 years after the establishment of 
     the program and every 5 years thereafter;
       ``(H) include an effective system for enforcement, 
     monitoring, and management of the program, including the use 
     of observers;
       ``(I) include an appeals process for administrative review 
     of determinations with respect to the Secretary's decisions 
     regarding administration of the limited access privilege 
     program;
       ``(J) provide for the establishment by the Secretary, in 
     consultation with the Department of Justice and the Federal 
     Trade Commission, for an information collection and review 
     process to provide any additional information needed by the 
     Department of Justice and the Federal Trade Commission to 
     determine whether any illegal acts of anti-competition, anti-
     trust, price collusion, or price fixing have occurred among 
     regional fishery associations or persons receiving limited 
     access privileges under the program; and
       ``(K) provide for the revocation by the Secretary of 
     limited access privileges held by any person found to have 
     violated the antitrust laws of the United States.
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1)(E) if the Secretary determines that--
       ``(A) the fishery has historically processed the fish 
     outside of the United States; and
       ``(B) the United States has a seafood safety equivalency 
     agreement with the country where processing will occur (or 
     other assurance that seafood safety procedures to be used in 
     such processing are equivalent or superior to the applicable 
     United States seafood safety standards).
       ``(3) Fishing communities.--
       ``(A) In general.--
       ``(i) Eligibility.--To be eligible to participate in a 
     limited access privilege program to harvest fish, a fishing 
     community shall--

       ``(I) be located within the management area of the relevant 
     Council;
       ``(II) meet criteria developed by the relevant Council, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(III) consist of residents who conduct commercial or 
     recreational fishing, processing, or fishery-dependent 
     support businesses within the Council's management area; and
       ``(IV) develop and submit a community sustainability plan 
     to the Council and the Secretary that demonstrates how the 
     plan will address the social and economic development needs 
     of fishing communities, including those that have not 
     historically had the resources to participate in the fishery, 
     for approval based on

[[Page 11665]]

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

       ``(ii) Failure to comply with plan.--The Secretary shall 
     deny limited access privileges granted under this section for 
     any person who fails to comply with the requirements of the 
     plan.
       ``(B) Participation criteria.--In developing participation 
     criteria for eligible communities under this paragraph, a 
     Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion;
       ``(v) the expected effectiveness, operational transparency, 
     and equitability of the community sustainability plan; and
       ``(vi) the potential for improving economic conditions in 
     remote coastal communities lacking resources to participate 
     in harvesting or processing activities in the fishery.
       ``(4) Regional fishery associations.--
       ``(A) In general.--To be eligible to participate in a 
     limited access privilege program to harvest fish, a regional 
     fishery association shall--
       ``(i) be located within the management area of the relevant 
     Council;
       ``(ii) meet criteria developed by the relevant Council, 
     approved by the Secretary, and published in the Federal 
     Register;
       ``(iii) be a voluntary association with established by-laws 
     and operating procedures consisting of participants in the 
     fishery, including commercial or recreational fishing, 
     processing, fishery-dependent support businesses, or fishing 
     communities; and
       ``(iv) develop and submit a regional fishery association 
     plan to the Council and the Secretary for approval based on 
     criteria developed by the Council that have been approved by 
     the Secretary and published in the Federal Register.
       ``(B) Failure to comply with plan.--The Secretary shall 
     deny limited access privileges granted under this section for 
     any person who fails to comply with the requirements of the 
     plan.
       ``(C) Participation criteria.--In developing participation 
     criteria for eligible regional fishery associations under 
     this paragraph, a Council shall consider--
       ``(i) traditional fishing or processing practices in, and 
     dependence on, the fishery;
       ``(ii) the cultural and social framework relevant to the 
     fishery;
       ``(iii) economic barriers to access to fishery;
       ``(iv) the existence and severity of projected economic and 
     social impacts associated with implementation of limited 
     access privilege programs on harvesters, captains, crew, 
     processors, and other businesses substantially dependent upon 
     the fishery in the region or subregion, upon the 
     administrative and fiduciary soundness of the association and 
     its by-laws; and
       ``(v) the expected effectiveness, operational transparency, 
     and equitability of the fishery association plan.
       ``(5) Allocation.--In developing a limited access privilege 
     program to harvest fish a Council or the Secretary shall--
       ``(A) establish procedures to ensure fair and equitable 
     initial allocations, including consideration of--
       ``(i) current and historical harvests;
       ``(ii) employment in the harvesting and processing sectors;
       ``(iii) investments in, and dependence upon, the fishery; 
     and
       ``(iv) the current and historical participation of fishing 
     communities;
       ``(B) to the extent practicable, consider the basic 
     cultural and social framework of the fishery, especially 
     through the development of policies to promote the sustained 
     participation of small owner-operated fishing vessels and 
     fishing communities that depend on the fisheries, including 
     regional or port-specific landing or delivery requirements;
       ``(C) include measures to assist, when necessary and 
     appropriate, entry-level and small vessel operators, 
     captains, crew, and fishing communities through set-asides of 
     harvesting allocations, including providing privileges and, 
     where appropriate, recommending the provision of economic 
     assistance in the purchase of limited access privileges to 
     harvest fish;
       ``(D) ensure that limited access privilege holders do not 
     acquire an excessive share of the total limited access 
     privileges in the program by--
       ``(i) establishing a maximum share, expressed as a 
     percentage of the total limited access privileges, that a 
     limited access privilege holder is permitted to hold, 
     acquired, or use; and
       ``(ii) establishing any other limitations or measures 
     necessary to prevent an inequitable concentration of limited 
     access privileges;
       ``(E) establish procedures to address geographic or other 
     consolidation in both the harvesting and processing sectors 
     of the fishery; and
       ``(F) authorize limited access privileges to harvest fish 
     to be held, acquired, or used by or issued under the system 
     to persons who substantially participate in the fishery, as 
     specified by the Council, including, as appropriate, fishing 
     vessel owners, vessel captains, vessel crew members, fishing 
     communities, and regional fishery associations.
       ``(6) Program initiation.--
       ``(A) Limitation.--Except as provided in subparagraph (D), 
     a Council may initiate a fishery management plan or amendment 
     to establish a limited access privilege program to harvest 
     fish on its own initiative or if the Secretary has certified 
     an appropriate petition.
       ``(B) Petition.--A group of fishermen constituting more 
     than 50 percent of the permit holders, or holding more than 
     50 percent of the allocation, in the fishery for which a 
     limited access privilege program to harvest fish is sought, 
     may submit a petition to the Secretary requesting that the 
     relevant Council or Councils with authority over the fishery 
     be authorized to initiate the development of the program. Any 
     such petition shall clearly state the fishery to which the 
     limited access privilege program would apply. For 
     multispecies permits in the Gulf, only those participants who 
     have substantially fished the species proposed to be included 
     in the limited access program shall be eligible to sign a 
     petition for such a program and shall serve as the basis for 
     determining the percentage described in the first sentence of 
     this subparagraph.
       ``(C) Certification by secretary.--Upon the receipt of any 
     such petition, the Secretary shall review all of the 
     signatures on the petition and, if the Secretary determines 
     that the signatures on the petition represent more than 50 
     percent of the permit holders, or holders of more than 50 
     percent of the allocation in the fishery, as described by 
     subparagraph (B), the Secretary shall certify the petition to 
     the appropriate Council or Councils.
       ``(D) New england and gulf referendum.--
       ``(i) Except as provided in clause (iii) for the Gulf of 
     Mexico commercial red snapper fishery, the New England and 
     Gulf Councils may not submit, and the Secretary may not 
     approve or implement, a fishery management plan or amendment 
     that creates an individual fishing quota program, including a 
     Secretarial plan, unless such a system, as ultimately 
     developed, has been approved by more than \2/3\ of those 
     voting in a referendum among eligible permit holders with 
     respect to the New England Council, and by a majority of 
     those voting in the referendum among eligible permit holders 
     with respect to the Gulf Council. For multispecies permits in 
     the Gulf, only those participants who have substantially 
     fished the species proposed to be included in the individual 
     fishing quota program shall be eligible to vote in such a 
     referendum. If an individual fishing quota program fails to 
     be approved by the requisite number of those voting, it may 
     be revised and submitted for approval in a subsequent 
     referendum.
       ``(ii) The Secretary shall conduct a referendum under this 
     subparagraph, including notifying all persons eligible to 
     participate in the referendum and making available to them 
     information concerning the schedule, procedures, and 
     eligibility requirements for the referendum process and the 
     proposed individual fishing quota program. Within 1 year 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2005, the 
     Secretary shall publish guidelines and procedures to 
     determine procedures and voting eligibility requirements for 
     referenda and to conduct such referenda in a fair and 
     equitable manner.
       ``(iii) The provisions of section 407(c) of this Act shall 
     apply in lieu of this subparagraph for an individual fishing 
     quota program for the Gulf of Mexico commercial red snapper 
     fishery.
       ``(iv) Chapter 35 of title 44, United States Code, 
     (commonly known as the Paperwork Reduction Act) does not 
     apply to the referenda conducted under this subparagraph.
       ``(7) Transferability.--In establishing a limited access 
     privilege program, a Council shall--
       ``(A) establish a policy on the transferability of limited 
     access privilege shares (through sale or lease), including a 
     policy on any conditions that apply to the transferability of 
     limited access privilege shares that is consistent with the 
     policies adopted by the Council for the fishery under 
     paragraph (3); and
       ``(B) establish criteria for the approval and monitoring of 
     transfers (including sales and leases) of limited access 
     privilege shares.
       ``(8) Preparation and implementation of secretarial 
     plans.--This subsection also applies to a plan prepared and 
     implemented by the Secretary under section 304(g).
       ``(9) Antitrust savings clause.--Nothing in this Act shall 
     be construed to modify, impair, or supersede the operation of 
     any of the antitrust laws. For purposes of the preceding 
     sentence, the term `antitrust laws' has the meaning given 
     such term in subsection (a) of the first section of the 
     Clayton Act, except that such term includes section 5 of the 
     Federal Trade Commission Act to the extent that such section 
     5 applies to unfair methods of competition.
       ``(d) Auction and Other Programs.--In establishing a 
     limited access privilege program, a Council may consider, and 
     provide for, if appropriate, an auction system or other 
     program to collect royalties for the initial, or any 
     subsequent, distribution of allocations in a limited access 
     privilege program if--
       ``(1) the system or program is administered in such a way 
     that the resulting distribution of limited access privilege 
     shares meets the program requirements of subsection 
     (c)(3)(A); and
       ``(2) revenues generated through such a royalty program are 
     deposited in the Limited Access System Administration Fund 
     established by section 305(h)(5)(B) and available subject to 
     annual appropriations.
       ``(e) Cost Recovery.--In establishing a limited access 
     privilege program, a Council shall--
       ``(1) develop a methodology and the means to identify and 
     assess the management, data collection and analysis, and 
     enforcement programs

[[Page 11666]]

     that are directly related to and in support of the program; 
     and
       ``(2) provide, under section 304(d)(2), for a program of 
     fees paid by limited access privilege holders that will cover 
     the costs of management, data collection and analysis, and 
     enforcement activities.
       ``(f) Limited Duration.--In establishing a limited access 
     privilege program after the date of enactment of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2005, a Council may establish--
       ``(1) a set term after which any initial or subsequent 
     allocation of a limited access privilege shall expire;
       ``(2) different set terms within a fishery if the Council 
     determines that variation of terms will further management 
     goals; and
       ``(3) a mechanism under which participants in and entrants 
     to the program may acquire or reacquire allocations.
       ``(g) Limited Access Privilege Assisted Purchase Program.--
       ``(1) In general.--A Council may submit, and the Secretary 
     may approve and implement, a program which reserves up to 25 
     percent of any fees collected from a fishery under section 
     304(d)(2) to be used, pursuant to section 1104A(a)(7) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to 
     issue obligations that aid in financing--
       ``(A) the purchase of limited access privileges in that 
     fishery by fishermen who fish from small vessels; and
       ``(B) the first-time purchase of limited access privileges 
     in that fishery by entry level fishermen.
       ``(2) Eligibility criteria.--A Council making a submission 
     under paragraph (1) shall recommend criteria, consistent with 
     the provisions of this Act, that a fisherman must meet to 
     qualify for guarantees under subparagraphs (A) and (B) of 
     paragraph (1) and the portion of funds to be allocated for 
     guarantees under each subparagraph.
       ``(h) Effect on Certain Existing Shares and Programs.--
     Nothing in this Act, or the amendments made by the Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2005, shall be construed to require a reallocation of 
     individual quota shares, processor quota shares, cooperative 
     programs, or other quota programs, including sector 
     allocation, under development or submitted by a Council or 
     approved by the Secretary or by Congressional action before 
     the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2005.''.
       (b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) 
     is amended by striking ``management and enforcement'' and 
     inserting ``management, data collection, and enforcement''.
       (c) Investment in United States Seafood Processing 
     Facilities.--The Secretary of Commerce shall work with the 
     Small Business Administration and other Federal agencies to 
     develop financial and other mechanisms to encourage United 
     States investment in seafood processing facilities in the 
     United States for fisheries that lack capacity needed to 
     process fish harvested by United States vessels in compliance 
     with the Magnuson--Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.).
       (d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 
     U.S.C. 1854(d)(2)(C)(i)) is amended by striking ``section 
     305(h)(5)(B)'' and all that follows and inserting ``section 
     305(h)(5)(B).''.
       (e) Application With American Fisheries Act.--Nothing in 
     section 303A of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.), as added by 
     subsection (a), shall be construed to modify or supersede any 
     provision of the American Fisheries Act (46 U.S.C. 12102 
     note; 16 U.S.C. 1851 note; et alia).

     SEC. 107. ENVIRONMENTAL REVIEW PROCESS.

       Section 304 (16 U.S.C. 1854) is amended by adding at the 
     end the following:
       ``(i) Environmental Review Process.--
       ``(1) Procedures.--The Secretary shall, in consultation 
     with the Councils and the Council on Environmental Quality, 
     revise and update agency procedures for compliance with the 
     National Environmental Policy Act (42 U.S.C. 4231 et seq.). 
     The procedures shall--
       ``(A) conform to the time lines for review and approval of 
     fishery management plans and plan amendments under this 
     section; and
       ``(B) integrate applicable environmental analytical 
     procedures, including the time frames for public input, with 
     the procedure for the preparation and dissemination of 
     fishery management plans, plan amendments, and other actions 
     taken or approved pursuant to this Act in order to provide 
     for timely, clear and concise analysis that is useful to 
     decision makers and the public, reduce extraneous paperwork, 
     and effectively involve the public.
       ``(2) Usage.--The updated agency procedures promulgated in 
     accordance with this section used by the Councils or the 
     Secretary shall be the sole environmental impact assessment 
     procedure for fishery management plans, amendments, 
     regulations, or other actions taken or approved pursuant to 
     this Act.
       ``(3) Schedule for promulgation of final procedures.--The 
     Secretary shall--
       ``(A) propose revised procedures within 12 months after the 
     date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2005;
       ``(B) provide 90 days for public review and comments; and
       ``(C) promulgate final procedures no later than 18 months 
     after the date of enactment of that Act.
       ``(4) Public participation.--The Secretary is authorized 
     and directed, in cooperation with the Council on 
     Environmental Quality and the Councils, to involve the 
     affected public in the development of revised procedures, 
     including workshops or other appropriate means of public 
     involvement.''.

     SEC. 108. EMERGENCY REGULATIONS.

       (a) Lengthening of Second Emergency Period.--Section 
     305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking 
     ``180 days,'' and inserting ``186 days,''.
       (b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C. 
     1855(c)(3)(D)) is amended by inserting ``or interim 
     measures'' after ``emergency regulations''.

     SEC. 109. WESTERN PACIFIC COMMUNITY DEVELOPMENT.

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

     SEC. 110. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

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

     SEC. 111. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

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

     SEC. 112. JOINT ENFORCEMENT AGREEMENTS.

       (a) In General.--Section 311 (16 U.S.C. 1861) is amended--
       (1) by striking ``and'' after the semicolon in subsection 
     (b)(1)(A)(iv);
       (2) by inserting ``and'' after the semicolon in subsection 
     (b)(1)(A)(v);

[[Page 11667]]

       (3) by inserting after clause (v) of subsection (b)(1)(A) 
     the following:
       ``(vi) access, directly or indirectly, for enforcement 
     purposes any data or information required to be provided 
     under this title or regulations under this title, including 
     data from Global Maritime Distress and Safety Systems, vessel 
     monitoring systems, or any similar system, subject to the 
     confidentiality provisions of section 402;'';
       (4) by redesignating subsection (h) as subsection (j); and
       (5) by inserting after subsection (g) the following:
       ``(h) Joint Enforcement Agreements.--
       ``(1) In general.--The Governor of an eligible State may 
     apply to the Secretary for execution of a joint enforcement 
     agreement with the Secretary that will authorize the 
     deputization and funding of State law enforcement officers 
     with marine law enforcement responsibilities to perform 
     duties of the Secretary relating to law enforcement 
     provisions under this title or any other marine resource law 
     enforced by the Secretary. Upon receiving an application 
     meeting the requirements of this subsection, the Secretary 
     may enter into a joint enforcement agreement with the 
     requesting State.
       ``(2) Eligible state.--A State is eligible to participate 
     in the cooperative enforcement agreements under this section 
     if it is in, or bordering on, the Atlantic Ocean (including 
     the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the 
     Gulf of Mexico, Long Island Sound, or 1 or more of the Great 
     Lakes.
       ``(3) Requirements.--Joint enforcement agreements executed 
     under paragraph (1)--
       ``(A) shall be consistent with the purposes and intent of 
     this section to the extent applicable to the regulated 
     activities;
       ``(B) may include specifications for joint management 
     responsibilities as provided by the first section of Public 
     Law 91-412 (15 U.S.C. 1525); and
       ``(C) shall provide for confidentiality of data and 
     information submitted to the State under section 402.
       ``(4) Allocation of funds.--The Secretary shall include in 
     each joint enforcement agreement an allocation of funds to 
     assist in management of the agreement. The allocation shall 
     be fairly distributed among all eligible States participating 
     in cooperative enforcement agreements under this subsection, 
     based upon consideration of Federal marine enforcement needs, 
     the specific marine conservation enforcement needs of each 
     participating eligible State, and the capacity of the State 
     to undertake the marine enforcement mission and assist with 
     enforcement needs. The agreement may provide for amounts to 
     be withheld by the Secretary for the cost of any technical or 
     other assistance provided to the State by the Secretary under 
     the agreement.
       ``(i) Improved Data Sharing.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, as soon as practicable but no later than 21 months 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2005, the 
     Secretary shall implement data-sharing measures to make any 
     data required to be provided by this Act from Global Maritime 
     Distress and Safety Systems, vessel monitoring systems, or 
     similar systems--
       ``(A) directly accessible by State enforcement officers 
     authorized under subsection (a) of this section; and
       ``(B) available to a State management agency involved in, 
     or affected by, management of a fishery if the State has 
     entered into an agreement with the Secretary under section 
     402(b)(1)(B) of this Act.
       ``(2) Agreement required.--The Secretary shall promptly 
     enter into an agreement with a State under section 
     402(b)(1)(B) of this Act if--
       ``(A) the Attorney General or highest ranking legal officer 
     of the State provides a written opinion or certification that 
     State law allows the State to maintain the confidentiality of 
     information required by Federal law to be kept confidential; 
     or
       ``(B) the Secretary is provided other reasonable assurance 
     that the State can and will protect the identity or business 
     of any person to which such information relates.''.
       (b) Report on Using GMDSS for Fishery Purposes.--Within 15 
     months after the date of enactment of this Act, the National 
     Marine Fisheries Service and the United States Coast Guard 
     shall transmit a joint report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources containing--
       (1) a cost-to-benefit analysis of the feasibility, value, 
     and cost of using the Global Maritime Distress and Safety 
     Systems, vessel monitoring systems, or similar systems for 
     fishery management, conservation, enforcement, and safety 
     purposes with the Federal government bearing the capital 
     costs of any such system;
       (2) an examination of the cumulative impact of existing 
     requirements for commercial vessels;
       (3) an examination of whether the Global Maritime Distress 
     and Safety Systems or similar requirements would overlap 
     existing requirements or render them redundant;
       (4) an examination of how data integration from such 
     systems could be addressed;
       (5) an examination of how to maximize the data-sharing 
     opportunities between relevant State and Federal agencies and 
     provide specific information on how to develop these 
     opportunities, including the provision of direct access to 
     the Global Maritime Distress and Safety Systems or similar 
     system data to State enforcement officers, while considering 
     the need to maintain or provide an appropriate level of 
     individual vessel confidentiality where practicable; and
       (6) an assessment of how the Global Maritime Distress and 
     Safety Systems or similar systems could be developed, 
     purchased, and distributed to regulated vessels.

     SEC. 113. TRANSITION TO SUSTAINABLE FISHERIES.

       (a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
       (1) by striking ``measures;'' in subsection (a)(1)(B) and 
     inserting ``measures, including regulatory restrictions 
     imposed to protect human health or the marine environment and 
     judicially imposed harvest restrictions;'';
       (2) by striking ``1996, 1997, 1998, and 1999.'' in 
     subsection (a)(4) and inserting ``2006 through 2012.'';
       (3) by striking ``or the Governor of a State for fisheries 
     under State authority, may conduct a fishing'' in subsection 
     (b)(1) and inserting ``the Governor of a State for fisheries 
     under State authority, or a majority of permit holders in the 
     fishery, may conduct a voluntary fishing'';
       (4) by inserting ``practicable'' after ``entrants,'' in 
     subsection (b)(1)(B)((i);
       (5) by striking ``cost-effective and'' in subsection 
     (b)(1)C) and inserting ``cost-effective and, in the instance 
     of a program involving an industry fee system, 
     prospectively'';
       (6) by striking subparagraph (A) of subsection (b)(2) and 
     inserting the following:
       ``(A) the owner of a fishing vessel, if the permit 
     authorizing the participation of the vessel in the fishery is 
     surrendered for permanent revocation and the vessel owner and 
     permit holder relinquish any claim associated with the vessel 
     or permit that could qualify such owner or holder for any 
     present or future limited access system permit in the fishery 
     for which the program is established and such vessel is (i) 
     scrapped, or (ii) through the Secretary of the department in 
     which the Coast Guard is operating, subjected to title 
     restrictions (including loss of the vessel's fisheries 
     endorsement) that permanently prohibit and effectively 
     prevent its use in fishing in federal or state waters, or 
     fishing on the high seas or in the waters of a foreign 
     nation; or'';
       (7) by striking ``The Secretary shall consult, as 
     appropriate, with Councils,'' in subsection (b)(4) and 
     inserting ``The harvester proponents of each program and the 
     Secretary shall consult, as appropriate and practicable, with 
     Councils,'';
       (8) by striking ``Secretary, at the request of the 
     appropriate Council,'' in subsection (d)(1)(A) and inserting 
     ``Secretary'';
       (9) by striking ``Secretary, in consultation with the 
     Council,'' in subsection (d)(1)(A) and inserting 
     ``Secretary'';
       (10) by striking ``a two-thirds majority of the 
     participants voting.'' in subsection (d)(1)(B) and inserting 
     ``at least a majority of the permit holders in the fishery, 
     or 50 percent of the permitted allocation of the fishery, who 
     participated in the fishery.'';
       (11) by striking ``establish;'' in subsection (d)(2)((C) 
     and inserting ``establish, unless the Secretary determines 
     that such fees should be collected from the seller;'' and
       (12) striking subsection (e) and inserting the following:
       ``(e) Implementation Plan.--
       ``(1) Framework regulations.--The Secretary shall propose 
     and adopt framework regulations applicable to the 
     implementation of all programs under this section.
       ``(2) Program regulations.--The Secretary shall implement 
     each program under this section by promulgating regulations 
     that, together with the framework regulations, establish each 
     program and control its implementation.
       ``(3) Harvester proponents' implementation plan.--The 
     Secretary may not propose implementation regulations for a 
     program to be paid for by an industry fee system until the 
     harvester proponents of the program provide to the Secretary 
     a proposed implementation plan that, among other matters--
       ``(A) proposes the types and numbers of vessels or permits 
     that are eligible to participate in the program and the 
     manner in which the program shall proceed, taking into 
     account--
       ``(i) the requirements of this section;
       ``(ii) the requirements of the framework regulations;
       ``(iii) the characteristics of the fishery;
       ``(iv) the requirements of the applicable fishery 
     management plan and any amendment that such plan may require 
     to support the proposed program;
       ``(v) the general needs and desires of harvesters in the 
     fishery;
       ``(vi) the need to minimize program costs; and
       ``(vii) other matters, including the manner in which such 
     proponents propose to fund the program to ensure its cost 
     effectiveness, as well as any relevant factors demonstrating 
     the potential for, or necessary to obtain, the support and 
     general cooperation of a substantial number of affected 
     harvesters in the fishery (or portion of the fishery) for 
     which the program is intended; and
       ``(B) proposes procedures for program participation (such 
     as submission of owner bids under an auction system or fair 
     market-value assessment), including any terms and conditions 
     for participation, that the harvester proponents deem to be 
     reasonably necessary to meet the program's proposed 
     objectives.
       ``(4) Participation contracts.--The Secretary shall 
     contract with each person participating in a program, and 
     each such contract shall, in addition to including such other 
     matters as the Secretary deems necessary and appropriate to 
     effectively implement each program

[[Page 11668]]

     (including penalties for contract non-performance) be 
     consistent with the framework and implementing regulations 
     and all other applicable law.
       ``(5) Reduction auctions.--Each program not involving fair 
     market assessment shall involve a reduction auction that 
     scores the reduction price of each bid offer by the data 
     relevant to each bidder under an appropriate fisheries 
     productivity factor. If the Secretary accepts bids, the 
     Secretary shall accept responsive bids in the rank order of 
     their bid scores, starting with the bid whose reduction price 
     is the lowest percentage of the productivity factor, and 
     successively accepting each additional responsive bid in rank 
     order until either there are no more responsive bids or 
     acceptance of the next bid would cause the total value of 
     bids accepted to exceed the amount of funds available for the 
     program.
       ``(6) Bid invitations.--Each program shall proceed by the 
     Secretary issuing invitations to bid setting out the terms 
     and conditions for participation consistent with the 
     framework and implementing regulations. Each bid that the 
     Secretary receives in response to the invitation to bid shall 
     constitute an irrevocable offer from the bidder.''.
       (b) Technical Amendment.--Sections 116, 203, 204, 205, and 
     206 of the Sustainable Fisheries Act are deemed to have added 
     sections 312, 402, 403, 404, and 405, respectively to the Act 
     as of the date of enactment of the Sustainable Fisheries Act.

     SEC. 114. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
                   AND RECOVERY PROGRAM.

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

     ``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, 
                   AND RECOVERY PROGRAM.

       ``(a) In General.--When there is a catastrophic regional 
     fishery disaster the Secretary may, upon the request of, and 
     in consultation with, the Governors of affected States, 
     establish a regional economic transition program to provide 
     immediate disaster relief assistance to the fishermen, 
     charter fishing operators, United States fish processors, and 
     owners of related fishery infrastructure affected by the 
     disaster.
       ``(b) Program Components.--
       ``(1) In general.--Subject to the availability of 
     appropriations, the program shall provide funds or other 
     economic assistance to affected entities, or to governmental 
     entities for disbursement to affected entities, for--
       ``(A) meeting immediate regional shoreside fishery 
     infrastructure needs, including processing facilities, cold 
     storage facilities, ice houses, docks, including temporary 
     docks and storage facilities, and other related shoreside 
     fishery support facilities and infrastructure;
       ``(B) financial assistance and job training assistance for 
     fishermen who wish to remain in a fishery in the region that 
     may be temporarily closed as a result of environmental or 
     other effects associated with the disaster;
       ``(C) funding, pursuant to the requirements of section 
     312(b), to fishermen who are willing to scrap a fishing 
     vessel and permanently surrender permits for fisheries named 
     on that vessel; and
       ``(D) any other activities authorized under section 312(a) 
     of this Act or section 308(d) of the Interjurisdictional 
     Fisheries Act of 1986 (16 U.S.C. 4107(d)).
       ``(2) Job training.--Any fisherman who decides to scrap a 
     fishing vessel under the program shall be eligible for job 
     training assistance.
       ``(3) State participation obligation.--The participation by 
     a State in the program shall be conditioned upon a commitment 
     by the appropriate State entity to ensure that the relevant 
     State fishery meets the requirements of section 312(b) of 
     this Act to ensure excess capacity does not re-enter the 
     fishery.
       ``(4) No matching required.--The Secretary may waive the 
     matching requirements of section 312 of this Act, section 308 
     of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
     4107), and any other provision of law under which the Federal 
     share of the cost of any activity is limited to less than 100 
     percent if the Secretary determines that--
       ``(A) no reasonable means are available through which 
     applicants can meet the matching requirement; and
       ``(B) the probable benefit of 100 percent Federal financing 
     outweighs the public interest in imposition of the matching 
     requirement.
       ``(5) Net revenue limit inapplicable.--Section 308(d)(3) of 
     the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) 
     shall not apply to assistance under this section.
       ``(c) Regional Impact Evaluation.--Within 2 months after a 
     catastrophic regional fishery disaster the Secretary shall 
     provide the Governor of each State participating in the 
     program a comprehensive economic and socio-economic 
     evaluation of the affected region's fisheries to assist the 
     Governor in assessing the current and future economic 
     viability of affected fisheries, including the economic 
     impact of foreign fish imports and the direct, indirect, or 
     environmental impact of the disaster on the fishery and 
     coastal communities.
       ``(d) Catastrophic Regional Fishery Disaster Defined.--In 
     this section the term `catastrophic regional fishery 
     disaster' means a natural disaster, including a hurricane or 
     tsunami, or a judicial or regulatory closure to protect human 
     health or the marine environment, that--
       ``(1) results in economic losses to coastal or fishing 
     communities;
       ``(2) affects more than 1 State or a major fishery managed 
     by a Council or interstate fishery commission; and
       ``(3) is determined by the Secretary to be a commercial 
     fishery failure under section 312(a) of this Act or a fishery 
     resource disaster or section 308(d) of the 
     Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
     4107(d)).''.

     SEC. 115. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.

       (a) Loan Assistance.--Subject to availability of 
     appropriations, the Secretary of Commerce shall provide 
     assistance to eligible holders of fishery finance program 
     loans and allocate such assistance among eligible holders 
     based upon their outstanding principal balances as of 
     December 2, 2005, for any of the following purposes:
       (1) To defer principal payments on the debt for 1 year and 
     re-amortize the debt over the remaining term of the loan.
       (2) To allow for an extension of the term of the loan for 
     up to 1 year beyond the remaining term of the loan, or 
     September 30, 2013, whichever is later.
       (3) To pay the interest costs for such loans over fiscal 
     years 2006 through 2012, not to exceed amounts authorized 
     under subsection (d).
       (4) To provide opportunities for loan forgiveness, as 
     specified in subsection (c).
       (b) Loan Forgiveness.--
       (1) In general.--Upon application made by an eligible 
     holder of a fishery finance program loan, made at such time, 
     in such manner, and containing such information as the 
     Secretary may require, the Secretary, on a calendar year 
     basis beginning in 2005, may--
       (A) offset against the outstanding balance on the loan an 
     amount equal to the sum of the amounts expended by the holder 
     during the calendar year to repair or replace covered vessels 
     or facilities, or to invest in new fisheries infrastructure 
     within or for use within the declared fisheries disaster 
     area; or
       (B) cancel the amount of debt equal to 100 hundred percent 
     of actual expenditures on eligible repairs, reinvestment, 
     expansion, or new investment in fisheries infrastructure in 
     the disaster region, or repairs to, or replacement of, 
     eligible fishing vessels.
       (c) Definitions.--In this section:
       (1) Declared fisheries disaster area.--The term ``declared 
     fisheries disaster area'' means fisheries located in the 
     major disaster area designated by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina 
     or Hurricane Rita.
       (2) Eligible holder.--The term ``eligible holder'' means 
     the holder of a fishery finance program loan if--
       (A) that loan is used to guarantee or finance any fishing 
     vessel or fish processing facility home-ported or located 
     within the declared fisheries disaster area; and
       (B) the holder makes expenditures to repair or replace such 
     covered vessels or facilities, or invests in new fisheries 
     infrastructure within or for use within the declared 
     fisheries disaster area, to restore such facilities following 
     the disaster.
       (3) Fishery finance program loan.--The term ``fishery 
     finance program loan'' means a loan made or guaranteed under 
     the fishery finance program under title XI of the Merchant 
     Marine Act, 1936, (46 U.S.C. App. 1271 et seq,).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce for the 
     purposes of this section not more than $15,000,000 for each 
     eligible holder for the period beginning with fiscal year 
     2006 through fiscal year 2012.

     SEC. 116. SHRIMP FISHERIES HURRICANE ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Commerce shall establish 
     an assistance program for the Gulf of Mexico shrimp fishing 
     industry.
       (b) Allocation of Funds.--Under the program, the Secretary 
     shall allocate funds appropriated to carry out the program 
     among the States of Alabama, Louisiana, Florida, Mississippi, 
     and Texas in proportion to the percentage of the shrimp catch 
     landed by each State, except that the amount allocated to 
     Florida shall be based exclusively on the proportion of such 
     catch landed by the Florida Gulf Coast fishery.
       (c) Use of Funds.--Of the amounts made available to each 
     State under the program--
       (1) 2 percent shall be retained by the State to be used for 
     the distribution of additional payments to fishermen with a 
     demonstrated record of compliance with turtle excluder and 
     bycatch reduction device regulations; and
       (2) the remainder of the amounts shall be used for--
       (A) personal assistance, with priority given to food, 
     energy needs, housing assistance, transportation fuel, and 
     other urgent needs;
       (B) assistance for small businesses, including fishermen, 
     fish processors, and related businesses serving the fishing 
     industry;
       (C) domestic product marketing and seafood promotion;
       (D) State seafood testing programs;
       (E) the development of limited entry programs for the 
     fishery;
       (F) funding or other incentives to ensure widespread and 
     proper use of turtle excluder devices and bycatch reduction 
     devices in the fishery; and
       (G) voluntary capacity reduction programs for shrimp 
     fisheries under limited access programs.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $17,500,000 
     for fiscal years 2006 through 2011 to carry out this section.

[[Page 11669]]



     SEC. 117. BYCATCH REDUCTION ENGINEERING PROGRAM.

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

     ``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.

       ``(a) Bycatch Reduction Engineering Program.--Not later 
     than 1 year after the date of enactment of the Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2005, the Secretary, in cooperation with the Councils 
     and other affected interests, and based upon the best 
     scientific information available, shall establish a bycatch 
     reduction program to develop technological devices and other 
     conservation engineering changes designed to minimize 
     bycatch, seabird bycatch, bycatch mortality, and post-release 
     mortality in Federally managed fisheries. The program shall--
       ``(1) be regionally based;
       ``(2) be coordinated with projects conducted under the 
     cooperative research and management program established under 
     this Act;
       ``(3) provide information and outreach to fishery 
     participants that will encourage adoption and use of 
     technologies developed under the program; and
       ``(4) provide for routine consultation with the Councils in 
     order to maximize opportunities to incorporate results of the 
     program in Council actions and provide incentives for 
     adoption of methods developed under the program in fishery 
     management plans developed by the Councils.
       ``(b) Incentives.--Any fishery management plan prepared by 
     a Council or by the Secretary may establish a system of 
     incentives to reduce total bycatch and seabird bycatch 
     amounts, bycatch rates, and post-release mortality in 
     fisheries under the Council's or Secretary's jurisdiction, 
     including--
       ``(1) measures to incorporate bycatch into quotas, 
     including the establishment of collective or individual 
     bycatch quotas;
       ``(2) measures to promote the use of gear with verifiable 
     and monitored low bycatch and seabird bycatch rates; and
       ``(3) measures that, based on the best scientific 
     information available, will reduce bycatch and seabird 
     bycatch, bycatch mortality, post-release mortality, or 
     regulatory discards in the fishery.''.

     SEC. 118. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND 
                   COASTAL HABITATS.

       (a) In General.--The Secretary of Commerce shall establish 
     a community-based fishery and coastal habitat restoration 
     program to implement and support the restoration of fishery 
     and coastal habitats.
       (b) Authorized Activities.--In carrying out the program, 
     the Secretary may--
       (1) provide funding and technical expertise to fishery and 
     coastal communities to assist them in restoring fishery and 
     coastal habitat;
       (2) advance the science and monitoring of coastal habitat 
     restoration;
       (3) transfer restoration technologies to the private 
     sector, the public, and other governmental agencies;
       (4) develop public-private partnerships to accomplish sound 
     coastal restoration projects;
       (5) promote significant community support and volunteer 
     participation in fishery and coastal habitat restoration;
       (6) promote stewardship of fishery and coastal habitats; 
     and
       (7) leverage resources through national, regional, and 
     local public-private partnerships.

     SEC. 119. PROHIBITED ACTS.

       Section 307(1) (16 U.S.C. 1857(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (O);
       (2) by striking ``carcass.'' in subparagraph (P) and 
     inserting ``carcass;''; and
       (3) by inserting after subparagraph (P) and before the last 
     sentence the following:
       ``(Q) to import, export, transport, sell, receive, acquire, 
     or purchase in interstate or foreign commerce any fish taken, 
     possessed, transported, or sold in violation of any foreign 
     law or regulation; or
       ``(R) to use any fishing vessel to engage in fishing in 
     Federal or State waters, or on the high seas or the waters of 
     another country, after the Secretary has made a payment to 
     the owner of that fishing vessel under section 312(b)(2).''.

     SEC. 120. ENFORCEMENT.

       (a) Civil Enforcement.--Section 308 (16 U.S.C. 1858) is 
     amended--
       (1) by striking ``$100,000'' in subsection (a) and 
     inserting ``$240,000'';
       (2) by striking ``this section,'' in subsection (f) and 
     inserting ``this Act (or any other marine resource law 
     enforced by the Secretary),'';
       (3) by inserting ``a permit, or any interest in a permit,'' 
     in subsection (g)(3) after ``vessel,'' each place it appears;
       (4) by striking ``the vessel'' in subsection (g)(3) and 
     inserting ``the vessel, permit, or interest'';
       (5) by inserting ``or any amount in settlement of a civil 
     forfeiture,'' after ``criminal fine,'' in subsection (g)(4); 
     and
       (6) by striking ``penalty or fine'' in subsection (g)(4) 
     and inserting ``penalty, fine, or settlement amount''.
       (b) Criminal Penalties.--Section 309 (16 U.S.C. 1859) is 
     amended to read as follows:

     ``SEC. 309. CRIMINAL PENALTIES.

       ``(a) Fines and Imprisonment.--
       ``(1) In general.--Any person (other than a foreign 
     government or entity thereof) who knowingly violates 
     subparagraph (D), (E), (F), (H), (I), or (L) of paragraph (1) 
     of section 307, or paragraph (2) of section 307, shall be 
     imprisoned for not more than 5 years and fined--
       ``(A) not more than $500,000 if such person is an 
     individual; or
       ``(B) not more than $1,000,000 if such person is a 
     corporation or other legal entity other than an individual.
       ``(2) Aggravated offenses.--Notwithstanding paragraph (1), 
     the maximum term of imprisonment shall be for not more than 
     10 years if--
       ``(A) the violator is an individual; and
       ``(B) in the commission of a violation described in 
     paragraph (1), that individual--
       ``(A) used a dangerous weapon;
       ``(B) engaged in conduct that caused bodily injury to any 
     observer described in section 307, any officer authorized to 
     enforce the provisions of this Act under section 311, or any 
     Council member or staff; or
       ``(C) placed any such observer, officer, Council member, or 
     staff in fear of imminent bodily injury.
       ``(b) Other Violations.--Any person (other than a foreign 
     government or entity thereof) who knowingly violates any 
     other provision of section 307 shall be fined under title 18, 
     United States Code, imprisoned for not more than 5 years, or 
     both.
       ``(c) Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action arising under this 
     Act.
       ``(2) Venue.--For purposes of this Act--
       ``(A) each violation of this Act shall constitute a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where it first occurred, 
     but also in any other district as authorized by law;
       ``(B) any offense not committed within a judicial district 
     of the United States is subject to the venue provisions of 
     section 3238 of title 18, United States Code; and
       ``(C) American Samoa shall be included within the judicial 
     district of the United States District Court for the District 
     of Hawaii.''.
       (c) Civil Forfeitures.--Section 310(a) (16 U.S.C. 1860(a)) 
     is amended--
       (1) by striking ``(other than any act for which the 
     issuance of a citation under section 311(a) is sufficient 
     sanction)''; and
       (2) by striking ``States.'' and inserting ``States, except 
     that no fishing vessel shall be subject to forfeiture under 
     this section as the result of any act for which the issuance 
     of a citation under section 311(a) is sufficient sanction.''.
       (d) Enforcement Responsibility.--Section 311(a) (16 U.S.C. 
     1861(a)) is amended--
       (1) by striking ``Act'' and inserting ``Act, and the 
     provisions of any marine resource law administered by the 
     Secretary,''; and
       (2) by striking ``State agency,'' and inserting ``agency of 
     any State, Territory, Commonwealth, or Tribe,''.
       (e) Powers of Authorized Officers.--Section 311(b) (16 
     U.S.C. 1861(b)) is amended by striking ``Federal or State''.
       (f) Payment of Storage, Care, and Other Costs.--Section 
     311(e)(1)(B) (16 U.S.C. 1861(e)(1)(B)) is amended to read as 
     follows:
       ``(B) a reward to any person who furnishes information 
     which leads to an arrest, conviction, civil penalty 
     assessment, or forfeiture of property for any violation of 
     any provision of this Act or any other marine resource law 
     enforced by the Secretary of up to the lesser of--
       ``(i) 20 percent of the penalty or fine collected; or
       ``(ii) $20,000;''.

                   TITLE II--INFORMATION AND RESEARCH

     SEC. 201. RECREATIONAL FISHERIES INFORMATION.

       Section 401 (16 U.S.C. 1881) is amended by striking 
     subsection (g) and inserting the following:
       ``(g) Recreational Fisheries.--
       ``(1) Federal program.--The Secretary shall establish and 
     implement a regionally based registry program for 
     recreational fishermen in each of the 8 fishery management 
     regions. The program shall provide for--
       ``(A) the registration (including identification and 
     contact information) of individuals who engage in 
     recreational fishing--
       ``(i) in the Exclusive Economic Zone;
       ``(ii) for anadromous species; or
       ``(iii) for Continental Shelf fishery resources beyond the 
     Exclusive Economic Zone; and
       ``(B) if appropriate, the registration (including the 
     ownership, operator, and identification of the vessel) of 
     vessels used in such fishing.
       ``(2) State programs.--The Secretary shall exempt from 
     registration under the program recreational fishermen and 
     charter fishing vessels licensed, permitted, or registered 
     under the laws of a State if the Secretary determines that 
     information from the State program is suitable for the 
     Secretary's use or is used to assist in completing marine 
     recreational fisheries statistical surveys, or evaluating the 
     effects of proposed conservation and management measures for 
     marine recreational fisheries.
       ``(3) Data collection.--Within 24 months after the date of 
     enactment of the Magnuson-Stevens Fishery conservation and 
     Management Reauthorization Act of 2005, the Secretary shall 
     establish a program to improve the quality and accuracy of 
     information generated by the Marine Recreational Fishery 
     Statistics Survey, with a goal of achieving acceptable 
     accuracy and utility for each individual fishery. Unless the 
     Secretary determines that alternate methods will achieve this 
     goal more efficiently and effectively, the program shall, to 
     the extent possible, include--
       ``(A) an adequate number of dockside interviews to 
     accurately estimate recreational catch and effort;
       ``(B) use of surveys that target anglers registered or 
     licensed at the State or Federal level to collect 
     participation and effort data;

[[Page 11670]]

       ``(C) collection and analysis of vessel trip report data 
     from charter fishing vessels; and
       ``(D) development of a weather corrective factor that can 
     be applied to recreational catch and effort estimates.
       ``(4) Report.--Within 24 months after establishment of the 
     program, the Secretary shall submit a report to Congress that 
     describes the progress made toward achieving the goals and 
     objectives of the program.''.

     SEC. 202. COLLECTION OF INFORMATION.

       Section 402(a) (16 U.S.C. 1881a(a)) is amended--
       (1) by striking ``(a) Council Requests.--'' in the 
     subsection heading and inserting ``(a) Collection Programs.--
     '';
       (2) by resetting the text following ``(a) Collection 
     Programs.--'' as a new paragraph 2 ems from the left margin;
       (3) by inserting ``(1) Council requests.--'' before ``If a 
     Council'';
       (4) by striking ``subsection'' in the last sentence and 
     inserting ``paragraph'';
       (5) by striking ``(other than information that would 
     disclose proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations)'' each place it appears; and
       (6) by adding at the end the following:
       ``(2) Secretarial initiation.--If the Secretary determines 
     that additional information is necessary for developing, 
     implementing, revising, or monitoring a fishery management 
     plan, or for determining whether a fishery is in need of 
     management, the Secretary may, by regulation, implement an 
     information collection or observer program requiring 
     submission of such additional information for the fishery.''.

     SEC. 203. ACCESS TO CERTAIN INFORMATION.

       (a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3) and 
     resetting it 2 ems from the left margin;
       (2) by striking all preceding paragraph (3), as 
     redesignated, and inserting the following:
       ``(b) Confidentiality of Information.--
       ``(1) Any information submitted to the Secretary, a state 
     fishery management agency, or a marine fisheries commission 
     by any person in compliance with the requirements of this Act 
     that contains confidential information shall be confidential 
     and shall be exempt from disclosure under section 552(h)(3) 
     of title 5, United States Code, except--
       ``(A) to Federal employees and Council employees who are 
     responsible for fishery management plan development, 
     monitoring, or enforcement;
       ``(B) to State or Marine Fisheries Commission employees as 
     necessary to further the Department's mission, subject to a 
     confidentiality agreement that prohibits public disclosure of 
     confidential information relating to any person;
       ``(C) to State employees who are responsible for fishery 
     management plan enforcement, if the States employing those 
     employees have entered into a fishery enforcement agreement 
     with the Secretary and the agreement is in effect;
       ``(D) when such information is used by State, Council, or 
     Marine Fisheries Commission employees to verify catch under a 
     limited access program, but only to the extent that such use 
     is consistent with subparagraph (B);
       ``(E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to persons for reasons not otherwise provided for 
     in this subsection, and such release does not violate other 
     requirements of this Act;
       ``(F) when such information is required to be submitted to 
     the Secretary for any determination under a limited access 
     program; or
       ``(G) in support of homeland and national security 
     activities, including the Coast Guard's homeland security 
     missions as defined in section 888(a)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 468(a)(2)).
       ``(2) Any observer information shall be confidential and 
     shall not be disclosed, except in accordance with the 
     requirements of subparagraphs (A) through (G) of paragraph 
     (1), or--
       ``(A) as authorized by a fishery management plan or 
     regulations under the authority of the North Pacific Council 
     to allow disclosure to the public of weekly summary bycatch 
     information identified by vessel or for haul-specific bycatch 
     information without vessel identification;
       ``(B) when such information is necessary in proceedings to 
     adjudicate observer certifications; or
       ``(C) as authorized by any regulations issued under 
     paragraph (3) allowing the collection of observer 
     information, pursuant to a confidentiality agreement between 
     the observers, observer employers, and the Secretary 
     prohibiting disclosure of the information by the observers or 
     observer employers, in order--
       ``(i) to allow the sharing of observer information among 
     observers and between observers and observer employers as 
     necessary to train and prepare observers for deployments on 
     specific vessels; or
       ``(ii) to validate the accuracy of the observer information 
     collected.''; and
       (3) by striking ``(1)(E).'' in paragraph (3), as 
     redesignated, and inserting ``(2)(A).''.
       (b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 
     1881c(c)(4)) is amended by striking ``under section 401''.

     SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

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

     ``SEC. 317. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

       ``(a) In General.--The Secretary of Commerce, in 
     consultation with the Councils, shall establish a cooperative 
     research and management program to address needs identified 
     under this Act and under any other marine resource laws 
     enforced by the Secretary. The program shall be implemented 
     on a regional basis and shall be developed and conducted 
     through partnerships among Federal, State, and Tribal 
     managers and scientists (including interstate fishery 
     commissions), fishing industry participants, and educational 
     institutions.
       ``(b) Eligible Projects.--The Secretary shall make funds 
     available under the program for the support of projects to 
     address critical needs identified by the Councils in 
     consultation with the Secretary. The program shall promote 
     and encourage efforts to utilize sources of data maintained 
     by other Federal agencies, State agencies, or academia for 
     use in such projects.
       ``(c) Funding.--In making funds available the Secretary 
     shall award funding on a competitive basis and based on 
     regional fishery management needs, select programs that form 
     part of a coherent program of research focused on solving 
     priority issues identified by the Councils, and shall give 
     priority to the following projects:
       ``(1) Projects to collect data to improve, supplement, or 
     enhance stock assessments, including the use of fishing 
     vessels or acoustic or other marine technology.
       ``(2) Projects to assess the amount and type of bycatch or 
     post-release mortality occurring in a fishery.
       ``(3) Conservation engineering projects designed to reduce 
     bycatch, including avoidance of post-release mortality, 
     reduction of bycatch in high seas fisheries, and transfer of 
     such fishing technologies to other nations.
       ``(4) Projects for the identification of habitat areas of 
     particular concern and for habitat conservation.
       ``(5) Projects designed to collect and compile economic and 
     social data.
       ``(d) Experimental Permitting Process.--Not later than 180 
     days after the date of enactment of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2005, the Secretary, in consultation with the Councils, shall 
     promulgate regulations that create an expedited, uniform, and 
     regionally-based process to promote issuance, where 
     practicable, of experimental fishing permits.
       ``(e) Guidelines.--The Secretary, in consultation with the 
     Councils, shall establish guidelines to ensure that 
     participation in a research project funded under this section 
     does not result in loss of a participant's catch history or 
     unexpended days-at-sea as part of a limited entry system.
       ``(f) Exempted Projects.--The procedures of this section 
     shall not apply to research funded by quota set-asides in a 
     fishery.''.

     SEC. 205. HERRING STUDY.

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

     ``SEC. 318. HERRING STUDY.

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

     SEC. 206. RESTORATION STUDY.

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

     ``SEC. 319. RESTORATION STUDY.

       ``(a) In General.--The Secretary may conduct a study to 
     update scientific information and protocols needed to improve 
     restoration techniques for a variety of coast habitat types 
     and synthesize the results in a format easily understandable 
     by restoration practitioners and local communities.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated $500,000 for fiscal year 2007 
     to conduct this study.''.

     SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.

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

     SEC. 208. FISHERIES CONSERVATION AND MANAGEMENT FUND.

       (a) In General.--The Secretary shall establish and maintain 
     a fund, to be known as the ``Fisheries Conservation and 
     Management

[[Page 11671]]

     Fund'', which shall consist of amounts retained and deposited 
     into the Fund under subsection (c).
       (b) Purposes.--Subject to the allocation of funds described 
     in subsection (d), amounts in the Fund shall be available to 
     the Secretary of Commerce, without appropriation or fiscal 
     year limitation, to disburse as described in subsection (e) 
     for--
       (1) efforts to improve fishery harvest data collection 
     including--
       (A) expanding the use of electronic catch reporting 
     programs and technology; and
       (B) improvement of monitoring and observer coverage through 
     the expanded use of electronic monitoring devices and 
     satellite tracking systems such as VMS on small vessels;
       (2) cooperative fishery research and analysis, in 
     collaboration with fishery participants, academic 
     institutions, community residents, and other interested 
     parties;
       (3) development of methods or new technologies to improve 
     the quality, health safety, and value of fish landed;
       (4) conducting analysis of fish and seafood for health 
     benefits and risks, including levels of contaminants and, 
     where feasible, the source of such contaminants;
       (5) marketing of sustainable United States fishery 
     products, including consumer education regarding the health 
     or other benefits of wild fishery products harvested by 
     vessels of the United States; and
       (6) providing financial assistance to fishermen to offset 
     the costs of modifying fishing practices and gear to meet the 
     requirements of this Act, the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
     other Federal laws in pari materia.
       (c) Deposits to the Fund.--
       (1) Quota set-asides.--Any amount generated through quota 
     set-asides established by a Council under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.) and designated by the Council for inclusion in 
     the Fishery Conservation and Management Fund, may be 
     deposited in the Fund.
       (2) Other funds.--In addition to amounts received under 
     sections 311(e)(1)(G) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861(e)(1)(G), and 
     amounts received pursuant to paragraph (1) of this 
     subsection, the Fishery Conservation and Management Fund may 
     also receive funds from--
       (A) appropriations for the purposes of this section; and
       (B) States or other public sources or private or non-profit 
     organizations for purposes of this section.
       (d) Regional Allocation.--The Secretary shall, every 2 
     years, apportion monies from the Fund among the eight Council 
     regions according to consensus recommendations of the 
     Councils, based on regional priorities identified through the 
     Council process, except that no region shall receive less 
     than 5 percent of the Fund in each allocation period.
       (e) Limitation on the Use of the Fund.--No amount made 
     available from the Fund may be used to defray the costs of 
     carrying out other requirements of this Act or the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.).

     SEC. 209. USE OF FISHERY FINANCE PROGRAM AND CAPITAL 
                   CONSTRUCTION FUND FOR SUSTAINABLE PURPOSES.

       (a) Purpose of Obligations.--Section 1104A(a)(7) of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)) is 
     amended to read as follows:
       ``(7) financing or refinancing including,
       ``(A) the reimbursement of obligors for expenditures 
     previously made, for the purchase of individual fishing 
     quotas in accordance with section 303(d)(4) of the Magnuson-
     Stevens Fishery Conservation and Management Act;
       ``(B) activities that assist in the transition to reduced 
     fishing capacity; or
       ``(C) technologies or upgrades designed to improve 
     collection and reporting of fishery-dependent data, to reduce 
     bycatch, to improve selectivity or reduce adverse impacts of 
     fishing gear, or to improve safety.''.
       (b) Expansion of Purposes for Qualified Withdrawals.--
     Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. 
     App. 1177(f)(1)) is amended--
       (1) by striking ``for:'' and inserting ``for--'';
       (B) by striking ``vessel,'' in subparagraph (A) and 
     inserting ``vessel;'';
       (C) by striking ``vessel, or'' in subparagraph (B) and 
     inserting ``vessel;'';
       (D) by striking ``vessel.'' in subparagraph (C) and 
     inserting ``vessel;''; and
       (E) by inserting after subparagraph (C) the following:
       ``(D) in the case of any person for whose benefit the fund 
     was established and who participates in the fishing capacity 
     reduction program under section 312 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1861a)--
       ``(i) if such person remains in the fishery, the 
     satisfaction of any debt obligation undertaken pursuant to 
     such program; and
       ``(ii) if such person withdraws 1 or more vessels from the 
     fishery, the substitution of amounts the person would 
     otherwise receive under such program for such person's vessel 
     or permit to engage in the fishery;
       ``(E) the repair, maintenance, or upgrade of an eligible 
     vessel or its equipment for the purpose of--
       ``(i) making conservation engineering changes to reduce 
     bycatch, improve selectivity of fishing gear, or reduce 
     adverse impacts of fishing gear;
       ``(ii) improving vessel safety; or
       ``(iii) acquiring, installing, or upgrading equipment to 
     improve collection, reporting, or accuracy of fishery data; 
     or
       ``(F) the acquisition, construction, reconstruction, 
     upgrading, or investment in shoreside fishery-related 
     facilities or infrastructure in the United States for the 
     purpose of promoting United States ownership of fishery-
     related facilities in the United States without contributing 
     to overcapacity in the sector.''.

     SEC. 210. REGIONAL ECOSYSTEM RESEARCH.

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

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

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

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

       ``(a) In General.--The Secretary, in consultation with 
     appropriate regional fishery management councils and in 
     coordination with other federal agencies and educational 
     institutions, shall establish a program--
       ``(1) to identify existing research on, and known locations 
     of, deep sea corals and submit such information to the 
     appropriate Councils;
       ``(2) to locate and map locations of deep sea corals and 
     submit such information to the Councils;
       ``(3) to monitor activity in locations where deep sea 
     corals are known or likely to occur, based on best scientific 
     information available, including through underwater or remote 
     sensing technologies and submit such information to the 
     appropriate Councils;
       ``(4) to conduct research, including cooperative research 
     with fishing industry participants, on deep sea corals and 
     related species, and on survey methods;
       ``(5) to develop technologies or methods designed to assist 
     fishing industry participants in reducing interactions 
     between fishing gear and deep sea corals; and
       ``(6) to prioritize program activities in areas where deep 
     sea corals are known to occur, and in areas where scientific 
     modeling or other methods predict deep sea corals are likely 
     to be present.
       ``(b) Reporting.--Beginning 1 year after the date of 
     enactment of the Magnuson-Stevens Fishery Conservation and 
     Management Reauthorization Act of 2005, the Secretary, in 
     consultation with the Councils, shall submit biennial reports 
     to Congress and the public on steps taken by the Secretary to 
     identify and monitor, and the Councils to protect, deep sea 
     coral areas, including summaries of the results of mapping, 
     research, and data collection performed under the program.''.

     SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.

       (a) In General.--The Undersecretary of Commerce for Oceans 
     and Atmosphere shall execute an agreement with the National 
     Academy of Sciences to conduct, jointly, a multi-year, 
     comprehensive in-water study designed--
       (1) to measure accurately the efforts and effects of shrimp 
     fishery efforts to utilize turtle excluder devices;
       (2) to analyze the impact of those efforts on sea turtle 
     mortality, including interaction between turtles and shrimp 
     trawlers in the inshore, nearshore, and offshore waters of 
     the Gulf of Mexico and similar geographical locations in the 
     waters of the Southeastern United States; and
       (3) to evaluate innovative technologies to increase shrimp 
     retention in turtle excluder devices while ensuring the 
     protection of endangered and threatened sea turtles.
       (b) Observers.--In conducting the study, the Undersecretary 
     shall ensure that observers are placed onboard commercial 
     shrimp fishing vessels where appropriate or necessary.
       (c) Interim Reports.--During the course of the study and 
     until a final report is submitted to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Resources, the National Academy 
     of Sciences shall transmit interim reports to the Committees 
     biannually containing a summary of preliminary findings and 
     conclusions from the study.

[[Page 11672]]



     SEC. 213. HURRICANE EFFECTS ON SHRIMP AND OYSTER FISHERIES 
                   AND HABITATS.

       (a) Fisheries Report.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources on the impact of Hurricane Katrina, 
     Hurricane Rita, and Hurricane Wilma on--
       (1) commercial and recreational fisheries in the States of 
     Alabama, Louisiana, Florida, Mississippi, and Texas;
       (2) shrimp fishing vessels in those States; and
       (3) the oyster industry in those States.
       (b) Habitat Report.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Resources on the impact of Hurricane Katrina, 
     Hurricane Rita, and Hurricane Wilma on habitat, including the 
     habitat of shrimp and oysters in those States.
       (c) Habitat Restoration.--The Secretary shall carry out 
     activities to restore fishery habitats, including the shrimp 
     and oyster habitats in Louisiana and Mississippi.

                  TITLE III--OTHER FISHERIES STATUTES

     SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.

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

     SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.

       (a) Atlantic Striped Bass Conservation Act.--Section 7(a) 
     of the Atlantic Striped Bass Conservation Act (16 U.S.C. 
     5156(a)) is amended to read as follows:
       ``(a) Authorization.--For each of fiscal years 2006, 2007, 
     2008, 2009, and 2010, there are authorized to be appropriated 
     to carry out this Act--
       ``(1) $1,000,000 to the Secretary of Commerce; and
       ``(2) $250,000 to the Secretary of the Interior.''.
       (b) Yukon River Salmon Act of 2000.--Section 208 of the 
     Yukon River Salmon Act of 2000 (16 U.S.C. 5727) is amended by 
     striking ``$4,000,000 for each of fiscal years 2004 through 
     2008,'' and inserting ``$4,000,000 for each of fiscal years 
     2006 through 2010,''.
       (c) Shark Finning Prohibition Act.--Section 10 of the Shark 
     Finning Prohibition Act (16 U.S.C. 1822 note) is amended by 
     striking ``fiscal years 2001 through 2005'' and inserting 
     ``fiscal years 2006 through 2010''.
       (d) Pacific Salmon Treaty Act.--
       (1) Transfer of section to act.--The text of section 623 of 
     title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on 
     November 17, 1999, and enacted into law by section 1000(a)(1) 
     of the Act of November 29, 1999 (Public Law 106-113)--
       (A) is transferred to the Pacific Salmon Treaty Act (16 
     U.S.C. 3631 et seq.) and inserted after section 15; and
       (B) amended--
       (i) by striking ``Sec. 623.''; and
       (ii) inserting before ``(a) Northern Fund and Southern 
     Fund.--'' the following:

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

       (2) Technical correction.--The amendment made by the 
     Department of Commerce and Related Agencies Appropriations 
     Act, 2005 under the heading ``pacific coastal salmon 
     recovery'' (118 Stat. 2881), to section 628(2)(A) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2001 is deemed to 
     have been made to section 623(d)(2)(A) of title VI of H.R. 
     3421 (113 Stat. 1501A-56), as introduced on November 17, 
     1999, enacted into law by section 1000(a)(1) of the Act of 
     November 29, 1999 (Public Law 106-113) instead of to such 
     section 628(2)(A), as of the date of enactment of the 
     Department of Commerce and Related Agencies Appropriations 
     Act, 2005.
       (3) Reauthorization.--Section 16(d)(2)(A) of the Pacific 
     Salmon Treaty Act, as transferred by subsection (a), is 
     amended--
       (1) by inserting ``sustainable salmon fisheries,'' after 
     ``enhancement,''; and
       (2) by inserting ``2006, 2007, 2008, and 2009,'' after 
     ``2005,''.
       (e) State Authority for Dungeness Crab Fishery 
     Management.--Section 203 of Public Law 105-384 (16 U.S.C. 
     1856 note) is amended--
       (1) by striking ``September 30, 2006.'' in subsection (i) 
     and inserting ``September 30, 2016.'';
       (2) by striking ``health'' in subsection (j) and inserting 
     ``status''; and
       (3) by striking ``California.'' in subsection (j) and 
     inserting ``California, including--
       ``(1) stock status and trends throughout its range;
       ``(2) a description of applicable research and scientific 
     review processes used to determine stock status and trends; 
     and
       ``(3) measures implemented or planned that are designed to 
     prevent or end overfishing in the fishery.''.

                        TITLE IV--INTERNATIONAL

     SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.

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

     ``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

       ``(a) In General.--The Secretary may undertake activities 
     to promote improved monitoring and compliance for high seas 
     fisheries, or fisheries governed by international fishery 
     management agreements, and to implement the requirements of 
     this title.
       ``(b) Specific Authorities.--In carrying out subsection 
     (a), the Secretary may--
       ``(1) share information on harvesting and processing 
     capacity and illegal, unreported and unregulated fishing on 
     the high seas, in areas covered by international fishery 
     management agreements, and by vessels of other nations within 
     the United States exclusive economic zone, with relevant law 
     enforcement organizations of foreign nations and relevant 
     international organizations;
       ``(2) further develop real time information sharing 
     capabilities, particularly on harvesting and processing 
     capacity and illegal, unreported and unregulated fishing;
       ``(3) participate in global and regional efforts to build 
     an international network for monitoring, control, and 
     surveillance of high seas fishing and fishing under regional 
     or global agreements;
       ``(4) support efforts to create an international registry 
     or database of fishing vessels, including by building on or 
     enhancing registries developed

[[Page 11673]]

     by international fishery management organizations;
       ``(5) enhance enforcement capabilities through the 
     application of commercial or governmental remote sensing 
     technology to locate or identify vessels engaged in illegal, 
     unreported, or unregulated fishing on the high seas, 
     including encroachments into the exclusive economic zone by 
     fishing vessels of other nations;
       ``(6) provide technical or other assistance to developing 
     countries to improve their monitoring, control, and 
     surveillance capabilities; and
       ``(7) support coordinated international efforts to ensure 
     that all large-scale fishing vessels operating on the high 
     seas are required by their flag State to be fitted with 
     vessel monitoring systems no later than December 31, 2008, or 
     earlier if so decided by the relevant flag State or any 
     relevant international fishery management organization.''.

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

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

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

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

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

       ``The Secretary, in consultation with the Secretary of 
     State, shall provide to Congress, by not later than 2 years 
     after the date of enactment of the Magnuson-Stevens Fishery 
     Conservation and Management Reauthorization Act of 2005, and 
     every 2 years thereafter, a report that includes--
       ``(1) the state of knowledge on the status of international 
     living marine resources, including a list of all fish stocks 
     classified as overfished, overexploited, depleted, 
     endangered, or threatened with extinction by any 
     international or other authority charged with management or 
     conservation of living marine resources;
       ``(2) a list of nations whose vessels have been identified 
     under sections 609(a) or 610(a), including the specific 
     offending activities and any subsequent actions taken 
     pursuant to section 609 or 610;
       ``(3) a description of efforts taken by nations on those 
     lists to comply with the provisions of sections 609 and 610, 
     and an evaluation of the progress of those efforts, including 
     steps taken by the United States to implement those sections 
     and to improve international compliance;
       ``(4) progress at the international level, pursuant to 
     section 608, to strengthen the efforts of international 
     fishery management organizations to end illegal, unreported, 
     or unregulated fishing; and
       ``(5) a plan of action for ensuring the conclusion and 
     entry into force of international measures comparable to 
     those of the United States to reduce impacts of fishing and 
     other practices on protected living marine resources, if no 
     international agreement to achieve such goal exists, or if 
     the relevant international fishery or conservation 
     organization has failed to implement effective measures to 
     end or reduce the adverse impacts of fishing practices on 
     such species.

     ``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY 
                   MANAGEMENT ORGANIZATIONS.

       ``The Secretary, in consultation with the Secretary of 
     State, and in cooperation with relevant fishery management 
     councils, shall take actions to improve the effectiveness of 
     international fishery management organizations in conserving 
     and managing fish stocks under their jurisdiction. These 
     actions shall include--
       ``(1) urging international fishery management organizations 
     to which the United States is a member--
       ``(A) to incorporate multilateral sanctions against member 
     or nonmember governments whose vessels engage in illegal, 
     unreported, or unregulated fishing;
       ``(B) to seek adoption of lists that identify fishing 
     vessels engaged in illegal, unreported, or unregulated 
     fishing, including authorized (green) and unauthorized (red) 
     vessel lists, that can be shared among all members and other 
     international fishery management organizations;
       ``(C) to seek international adoption of a centralized 
     vessel monitoring system with an independent secretariat in 
     order to monitor and document capacity in fleets of all 
     nations involved in fishing in areas under the an 
     international fishery management organization's jurisdiction;
       ``(D) to increase use of observers and technologies needed 
     to monitor compliance with conservation and management 
     measures established by the organization, including vessel 
     monitoring systems and automatic identification systems; and
       ``(E) to seek adoption of greater port state controls in 
     all nations, particularly those nations whose vessels engage 
     in illegal, unreported, or unregulated fishing;
       ``(2) urging international fishery management organizations 
     to which the United States is a member, as well as all 
     members of those organizations, to adopt and expand the use 
     of market-related measures to combat illegal, unreported, or 
     unregulated fishing, including--
       ``(A) import prohibitions, landing restrictions, or other 
     market-based measures needed to enforce compliance with 
     international fishery management organization measures, such 
     as quotas and catch limits;
       ``(B) import restrictions or other market-based measures to 
     prevent the trade or importation of fish caught by vessels 
     identified multilaterally as engaging in illegal, unreported, 
     or unregulated fishing; and
       ``(C) catch documentation and certification schemes to 
     improve tracking and identification of catch of vessels 
     engaged in illegal, unreported, or unregulated fishing, 
     including advance transmission of catch documents to ports of 
     entry; and
       ``(3) urging other nations at bilateral, regional, and 
     international levels, including the Convention on 
     International Trade in Endangered Species of Fauna and Flora 
     and the World Trade Organization to take all steps necessary, 
     consistent with international law, to adopt measures and 
     policies that will prevent fish or other living marine 
     resources harvested by vessels engaged in illegal, 
     unreported, or unregulated fishing from being traded or 
     imported into their nation or territories.

     ``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

       ``(a) Identification.--The Secretary shall identify, and 
     list in the report under section 607, a nation if--
       ``(1) fishing vessels of that nation are engaged, or have 
     been engaged during the preceding calendar year in illegal, 
     unreported, or unregulated fishing; and
       ``(2) the relevant international fishery management 
     organization has failed to implement effective measures to 
     end the illegal unreported, or unregulated fishing activity 
     by vessels of that nation or the nation is not a party to, or 
     does not maintain cooperating status with, such organization, 
     or where no international fishery management organization 
     exists.
       ``(b) Notification.--An identification under subsection (a) 
     or section 610(a) is deemed to be an identification under 
     section 101(b)(1)(A) of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary 
     shall notify the President and that nation of such 
     identification.
       ``(c) Consultation.--No later than 60 days after submitting 
     a report to Congress under section 607, the Secretary, in 
     consultation with the Secretary of State, shall--
       ``(1) notify nations listed in the report of the 
     requirements of this section;
       ``(2) initiate consultations for the purpose of encouraging 
     such nations to take the appropriate corrective action with 
     respect to the offending activities of their fishing vessels 
     identified in the report; and
       ``(3) notify any relevant international fishery management 
     organization of the actions taken by the United States under 
     this section.
       ``(d) IUU Certification Procedure.--
       ``(1) Certification.--The Secretary shall establish a 
     procedure, consistent with the provisions of subchapter II of 
     chapter 5 of title 5, United States Code, and including 
     notice and an opportunity for comment by the governments of 
     any nation listed by the Secretary under subsection (a), for 
     determining if that government has taken appropriate 
     corrective action with respect to the offending activities of 
     its fishing vessels identified in the report under section 
     607. The Secretary shall determine, on the basis of the 
     procedure, and certify to the Congress no later than 90 days 
     after the date on which the Secretary promulgates a final 
     rule containing the procedure, and biennially thereafter in 
     the report under section 607--
       ``(A) whether the government of each nation identified 
     under subsection (b) has provided documentary evidence that 
     it has taken corrective action with respect to the offending 
     activities of its fishing vessels identified in the report; 
     or
       ``(B) whether the relevant international fishery management 
     organization has implemented measures that are effective in 
     ending the illegal, unreported, or unregulated fishing 
     activity by vessels of that nation.
       ``(2) Alternative procedure.--The Secretary may establish a 
     procedure for certification, on a shipment-by-shipment, 
     shipper-by-shipper, or other basis of fish or fish products 
     from a vessel of a harvesting nation not certified under 
     paragraph (1) if the Secretary determines that--
       ``(A) the vessel has not engaged in illegal, unreported, or 
     unregulated fishing under an international fishery management 
     agreement to which the United States is a party; or
       ``(B) the vessel is not identified by an international 
     fishery management organization as participating in illegal, 
     unreported, or unregulated fishing activities.
       ``(3) Effect of certification.--The provisions of section 
     101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
     1826a(a), (b)(3), and (b)(4)) shall apply to any nation 
     identified under subsection (a) that has not been certified 
     by the Secretary under this subsection, or for which the 
     Secretary has issued a negative certification under this 
     subsection, but shall not apply to any nation identified 
     under subsection (a) for which the Secretary has issued a 
     positive certification under this subsection.
       ``(e) Illegal, Unreported, or Unregulated Fishing 
     Defined.--
       ``(1) In general.--In this Act the term `illegal, 
     unreported, or unregulated fishing' has the meaning 
     established under paragraph (2).

[[Page 11674]]

       ``(2) Secretary to define term within legislative 
     guidelines.--Within 3 months after the date of enactment of 
     the Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2005, the Secretary shall publish a 
     definition of the term `illegal, unreported, or unregulated 
     fishing' for purposes of this Act.
       ``(3) Guidelines.--The Secretary shall include in the 
     definition, at a minimum--
       ``(A) fishing activities that violate conservation and 
     management measures required under an international fishery 
     management agreement to which the United States is a party, 
     including catch limits or quotas, capacity restrictions, and 
     bycatch reduction requirements;
       ``(B) overfishing of fish stocks shared by the United 
     States, for which there are no applicable international 
     conservation or management measures or in areas with no 
     applicable international fishery management organization or 
     agreement, that has adverse impacts on such stocks; and
       ``(C) fishing activity, including bottom trawling, that 
     have adverse impacts on seamounts, hydrothermal vents, and 
     cold water corals located beyond national jurisdiction, for 
     which there are no applicable conservation or management 
     measures or in areas with no applicable international fishery 
     management organization or agreement.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary for fiscal 
     years 2006 through 2012 such sums as are necessary to carry 
     out this section.

     ``SEC. 610. EQUIVALENT CONSERVATION MEASURES.

       ``(a) Identification.--The Secretary shall identify, and 
     list in the report under section 607, a nation if--
       ``(A) fishing vessels of that nation are engaged, or have 
     been engaged during the preceding calendar year in fishing 
     activities or practices beyond the exclusive economic zone 
     that result in bycatch of a protected living marine resource;
       ``(2) the relevant international organization for the 
     conservation and protection of such species or the relevant 
     international or regional fishery organization has failed to 
     implement effective measures to end or reduce the impacts of 
     the fishing practices of the nation's vessels on such 
     species, or the nation is not a party to, or does not 
     maintain cooperating status with, such organization; and
       ``(3) the nation has not adopted a regulatory program 
     governing such fishing practices and associated bycatch of 
     protected living marine resources that are comparable to 
     those of the United States, taking into account different 
     conditions.
       ``(b) Consultation and Negotiation.--The Secretary, acting 
     through the Secretary of State, shall--
       ``(1) notify, as soon as possible, other nations whose 
     vessels engage in fishing activities or practices described 
     in subsection (a), about the requirements of this section and 
     this Act;
       ``(2) initiate discussions as soon as possible with all 
     foreign governments which are engaged in, or which have 
     persons or companies engaged in, fishing activities or 
     practices described in subsection (a), for the purpose of 
     entering into bilateral and multilateral treaties with such 
     countries to protect such species;
       ``(3) seek agreements calling for international 
     restrictions on fishing activities or practices described in 
     subsection (a) through the United Nations, the Food and 
     Agriculture Organization's Committee on Fisheries, and 
     appropriate international fishery management bodies; and
       ``(4) initiate the amendment of any existing international 
     treaty for the protection and conservation of such species to 
     which the United States is a party in order to make such 
     treaty consistent with the purposes and policies of this 
     section.
       ``(c) Conservation Certification Procedure.--
       ``(1) Certification.--The Secretary shall determine, on the 
     basis of a procedure consistent with the provisions of 
     subchapter II of chapter 5 of title 5, United States Code, 
     and including notice and an opportunity for comment by the 
     governments of any nation identified by the Secretary under 
     subsection (a). The Secretary shall certify to the Congress 
     by January 31, 2007, and annually thereafter whether the 
     government of each harvesting nation--
       ``(A) has provided documentary evidence of the adoption of 
     a regulatory program governing the conservation of the 
     protected living marine resource, including measures to 
     ensure maximum probability for survival after release, that 
     is comparable to that of the United States, taking into 
     account different conditions, and which, in the case of 
     pelagic longline fishing, includes mandatory use of circle 
     hooks, careful handling and release equipment, and training 
     and observer programs; and
       ``(B) has established a management plan containing 
     requirements that will assist in gathering species-specific 
     data to support international stock assessments and 
     conservation enforcement efforts for protected living marine 
     resources.
       ``(2) Alternative procedure.--The Secretary shall establish 
     a procedure for certification, on a shipment-by-shipment, 
     shipper-by-shipper, or other basis of fish or fish products 
     from a vessel of a harvesting nation not certified under 
     paragraph (1) if the Secretary determines that such imports 
     were harvested by practices that do not result in bycatch of 
     a protected marine species, or were harvested by practices 
     that--
       ``(A) are comparable to those of the United States, taking 
     into account different conditions, and which, in the case of 
     pelagic longline fishing, includes mandatory use of circle 
     hooks, careful handling and release equipment, and training 
     and observer programs; and
       ``(B) include the gathering of species specific data that 
     can be used to support international and regional stock 
     assessments and conservation efforts for protected living 
     marine resources.
       ``(3) Effect of Certification.--The provisions of section 
     101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 
     1826a(a), (b)(3), and (b)(4)) shall apply to any nation 
     identified under subsection (a) that has not been certified 
     by the Secretary under this subsection, or for which the 
     Secretary has issued a negative certification under this 
     subsection, but shall not apply to any nation identified 
     under subsection (a) for which the Secretary has issued a 
     positive certification under this subsection.
       ``(d) International Cooperation and Assistance.--To the 
     greatest extent possible consistent with existing authority 
     and the availability of funds, the Secretary shall--
       ``(1) provide appropriate assistance to nations identified 
     by the Secretary under subsection (a) and international 
     organizations of which those nations are members to assist 
     those nations in qualifying for certification under 
     subsection (c);
       ``(2) undertake, where appropriate, cooperative research 
     activities on species statistics and improved harvesting 
     techniques, with those nations or organizations;
       ``(3) encourage and facilitate the transfer of appropriate 
     technology to those nations or organizations to assist those 
     nations in qualifying for certification under subsection (c); 
     and
       ``(4) provide assistance to those nations or organizations 
     in designing and implementing appropriate fish harvesting 
     plans.
       ``(e) Protected Living Marine Resource Defined.--In this 
     section the term `protected living marine resource'--
       ``(1) means non-target fish, sea turtles, or marine mammals 
     occurring in areas beyond United States jurisdiction that are 
     protected under United States law or international agreement, 
     including the Marine Mammal Protection Act, the Endangered 
     Species Act, the Shark Finning Prohibition Act, and the 
     Convention on International Trade in Endangered Species of 
     Wild Flora and Fauna; but
       ``(2) does not include species, except sharks, managed 
     under the Magnuson-Stevens Fishery Conservation and 
     Management Act, the Atlantic Tunas Convention Act, or any 
     international fishery management agreement.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary for fiscal 
     years 2006 through 2012 such sums as are necessary to carry 
     out this section.``.
       (b) Conforming Amendments.--
       (1) Denial of port privileges.--Section 101(b) of the High 
     Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) 
     is amended by inserting ``or illegal, unreported, or 
     unregulated fishing`` after ``fishing`` in paragraph 
     (1)(A)(i), paragraph (1)(B), paragraph (2), and paragraph 
     (4)(A)(i).
       (2) Duration of denial.--Section 102 of the High Seas 
     Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is 
     amended by inserting ``or illegal, unreported , or 
     unregulated fishing`` after ``fishing``.

     SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.

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

     SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.

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

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this Act, including use for 
     payment of the United States share of the joint expenses of 
     the Commission as provided in Article X of the Convention--
       ``(1) $5,495,000 for fiscal year 2006;
       ``(2) $5,770,000 for each of fiscal years 2007 and 2008;
       ``(3) $6,058,000 for each of fiscal years 2009 and 2010; 
     and
       ``(4) $6,631,000 for each of fiscal years 2011 and 2012.
       ``(b) Allocation.--Of the amounts made available under 
     subsection (a) for each fiscal year--
       ``(1) $160,000 are authorized for the advisory committee 
     established under section 4 of this Act and the species 
     working groups established under section 4A of this Act; and
       ``(2) $7,500,000 are authorized for research activities 
     under this Act and section 3 of Public Law 96-339 (16 U.S.C. 
     971i), of which $3,000,000 shall be for the cooperative 
     research program

[[Page 11675]]

     under section 3(b)(2)(H) of that section (16 U.S.C. 
     971i(b)(2)(H).''.
       (b) Atlantic Billfish Cooperative Research Program.--
     Section 3(b)(2) of Public Law 96-339 (16 U.S.C. 971i(b)(2)) 
     is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (G);
       (2) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) include a cooperative research program on Atlantic 
     billfish based on the Southeast Fisheries Science Center 
     Atlantic Billfish Research Plan of 2002; and''.

     SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.

       (a) Rebuilding Overfished Fisheries.--Section 304(e) (16 
     U.S.C. 1854(e)) is amended by adding at the end thereof the 
     following:
       ``(8) The provisions of this paragraph shall apply in lieu 
     of paragraphs (2) through (7) of this subsection to a fishery 
     that the Secretary determines is overfished or approaching a 
     condition of being overfished due to excessive international 
     fishing pressure, and for which there are no management 
     measures to end overfishing under an international agreement 
     to which the United States is a party. For such fisheries--
       ``(A) the Secretary, in cooperation with the Secretary of 
     State, immediately take appropriate action at the 
     international level to end the overfishing; and
       ``(B) within 1 year after the Secretary's determination, 
     the appropriate Council, or Secretary, for fisheries under 
     section 302(a)(3) shall--
       ``(i) develop recommendations for domestic regulations to 
     address the relative impact of fishing vessels of the United 
     States on the stock and, if developed by a Council, the 
     Council shall submit such recommendations to the Secretary; 
     and
       ``(ii) develop and submit recommendations to the Secretary 
     of State, and to the Congress, for international actions that 
     will end overfishing in the fishery and rebuild the affected 
     stocks, taking into account the relative impact of vessels of 
     other nations and vessels of the United States on the 
     relevant stock.''.
       (b) Highly Migratory Species Tagging Research.--Section 
     304(g)(2) (16 U.S.C. 1854(g)(2)) is amended by striking ``(16 
     U.S.C. 971d)'' and inserting ``(16 U.S.C. 971d), or highly 
     migratory species harvested in a commercial fishery managed 
     by a Council under this Act or the Western and Central 
     Pacific Fisheries Convention Implementation Act,''.

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

     SEC. 501. SHORT TITLE.

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

     SEC. 502. DEFINITIONS.

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

     SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

       (a) In General.--The United States shall be represented on 
     the Commission by 5 United States Commissioners. The 
     President shall appoint individuals to serve on the 
     Commission at the pleasure of the President. In making the 
     appointments, the President shall select Commissioners from 
     among individuals who are knowledgeable or experienced 
     concerning highly migratory fish stocks in the Western and 
     Central Pacific Ocean, one of whom shall be an officer or 
     employee of the Department of Commerce, and one of whom shall 
     be the chairman or a member of the Western Pacific Fishery 
     Management Council. The Commissioners shall be entitled to 
     adopt such rules of procedures as they find necessary and to 
     select a chairman from among members who are officers or 
     employees of the United States Government.
       (b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time deemed appropriate Alternate 
     United States Commissioners to the Commission. Any Alternate 
     United States Commissioner may exercise at any meeting of the 
     Commission, Council, any Panel, or the advisory committee 
     established pursuant to subsection (d), all powers and duties 
     of a United States Commissioner in the absence of any 
     Commissioner appointed pursuant to subsection (a) of this 
     section for whatever reason. The number of such Alternate 
     United States Commissioners that may be designated for any 
     such meeting shall be limited to the number of United States 
     Commissioners appointed pursuant to subsection (a) of this 
     section who will not be present at such meeting.
       (c) Administrative Matters.--
       (1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall be considered to be Federal 
     employees while performing such service, only for purposes 
     of--
       (A) injury compensation under chapter 81 of title 5, United 
     States Code;
       (B) tort claims liability as provided under chapter 171 of 
     title 28 United States Code;
       (C) requirements concerning ethics, conflicts of interest, 
     and corruption as provided under title 18, United States 
     Code; and
       (D) any other criminal or civil statute or regulation 
     governing the conduct of Federal employees.
       (2) Compensation.--The United States Commissioners or 
     Alternate Commissioners, although officers of the United 
     States while so serving, shall receive no compensation for 
     their services as such Commissioners or Alternate 
     Commissioners.
       (3) Travel expenses.--
       (A) The Secretary of State shall pay the necessary travel 
     expenses of United States Commissioners and Alternate United 
     States Commissioners in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) The Secretary may reimburse the Secretary of State for 
     amounts expended by the Secretary of State under this 
     subsection.
       (d) Advisory Committees.--
       (1) Establishment of permanent advisory committee.--
       (A) Membership.--There is established an advisory committee 
     which shall be composed of--
       (i) not less than 15 nor more than 20 individuals appointed 
     by the United States Commissioners who shall select such 
     individuals from the various groups concerned with the 
     fisheries covered by the WCPFC Convention, providing, to the 
     maximum extent practicable, an equitable balance among such 
     groups;
       (ii) the chair of the Western Pacific Fishery Management 
     Council's Advisory Committee or the chair's designee; and
       (iii) officials of the fisheries management authorities of 
     American Samoa, Guam, and the Northern Mariana Islands (or 
     their designees).

[[Page 11676]]

       (B) Terms and privileges.--Each member of the advisory 
     committee appointed under subparagraph (A) shall serve for a 
     term of 2 years and shall be eligible for reappointment. 
     Members of the advisory committee may attend all public 
     meetings of the Commission, Council, or any Panel and any 
     other meetings to which they are invited by the Commission, 
     Council, or any Panel. The advisory committee shall be 
     invited to attend all non-executive meetings of the United 
     States Commissioners and at such meetings shall be given 
     opportunity to examine and to be heard on all proposed 
     programs of investigation, reports, recommendations, and 
     regulations of the Commission.
       (C) Procedures.--The advisory committee established by 
     subparagraph (A) shall determine its organization, and 
     prescribe its practices and procedures for carrying out its 
     functions under this chapter, the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
     the WCPFC Convention. The advisory committee shall publish 
     and make available to the public a statement of its 
     organization, practices, and procedures. A majority of the 
     members of the advisory committee shall constitute a quorum, 
     but one or more such members designated by the advisory 
     committee may hold meetings to provide for public 
     participation and to discuss measures relating to the United 
     States implementation of Commission recommendations. Meetings 
     of the advisory committee, except when in executive session, 
     shall be open to the public, and prior notice of meetings 
     shall be made public in a timely fashion. and the advisory 
     committee shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (D) Provision of information.--The Secretary and the 
     Secretary of State shall furnish the advisory committee with 
     relevant information concerning fisheries and international 
     fishery agreements.
       (2) Administrative matters.--
       (A) Support services.--The Secretary shall provide to 
     advisory committees in a timely manner such administrative 
     and technical support services as are necessary for their 
     effective functioning.
       (B) Compensation; status; expenses.--Individuals appointed 
     to serve as a member of an advisory committee--
       (i) shall serve without pay, but while away from their 
     homes or regular places of business in the performance of 
     services for the advisory committee shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code; and
       (ii) shall not be considered Federal employees by reason of 
     their service as members of an advisory committee, except for 
     purposes of injury compensation or tort claims liability as 
     provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.
       (f) Memorandum of Understanding.--For highly migratory 
     species in the Pacific, the Secretary, in coordination with 
     the Secretary of State, shall develop a memorandum of 
     understanding with the Western Pacific, Pacific, and North 
     Pacific Fishery Management Councils, that specifies the role 
     of the relevant Council or Councils with respect to--
       (1) participation in United States delegations to 
     international fishery organizations in the Pacific Ocean, 
     including government-to-government consultations;
       (2) providing formal recommendations to the Secretary and 
     the Secretary of State regarding necessary measures for both 
     domestic and foreign vessels fishing for these species;
       (3) coordinating positions with the United States 
     delegation for presentation to the appropriate international 
     fishery organization; and
       (4) recommending those domestic fishing regulations that 
     are consistent with the actions of the international fishery 
     organization, for approval and implementation under the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.)

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

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

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

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

     SEC. 506. ENFORCEMENT.

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

     SEC. 507. PENALTIES.

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

     SEC. 508. COOPERATION IN CARRYING OUT CONVENTION.

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

     SEC. 509. TERRITORIAL PARTICIPATION.

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

     SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

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

                       TITLE VI--PACIFIC WHITING

     SEC. 601. SHORT TITLE.

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

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Advisory panel.--The term ``advisory panel'' means the 
     Advisory Panel on Pacific Hake/Whiting established by the 
     Agreement.
       (2) Agreement.--The term ``Agreement'' means the Agreement 
     between the Government of the United States and the 
     Government of Canada on Pacific Hake/Whiting, signed at 
     Seattle, Washington, on November 21, 2003.
       (3) Catch.--The term ``catch'' means all fishery removals 
     from the offshore whiting resource, including landings, 
     discards, and bycatch in other fisheries.
       (4) Joint management committee.--The term ``joint 
     management committee'' means the joint

[[Page 11677]]

     management committee established by the Agreement.
       (5) Joint technical committee.--The term ``joint technical 
     committee'' means the joint technical committee established 
     by the Agreement.
       (6) Offshore whiting resource.--The term ``offshore whiting 
     resource'' means the transboundary stock of Merluccius 
     productus that is located in the offshore waters of the 
     United States and Canada except in Puget Sound and the Strait 
     of Georgia.
       (7) Scientific review group.--The term ``scientific review 
     group'' means the scientific review group established by the 
     Agreement.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (9) United states section.--The term ``United States 
     Section'' means the United States representatives on the 
     joint management committee.

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

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

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

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

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

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

     SEC. 606. UNITED STATES REPRESENTATION ON ADVISORY PANEL.

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

     SEC. 607. RESPONSIBILITIES OF THE SECRETARY.

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

     SEC. 608. RULEMAKING.

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

     SEC. 609. ADMINISTRATIVE MATTERS.

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

[[Page 11678]]

     through 5708, and 5731 of title 5, United States Code.
       (d) Joint Appointees.--With respect to the 2 independent 
     members of the scientific review group and the 2 public 
     advisors to the scientific review group jointly appointed 
     under section 604(c), and the 1 independent member to the 
     joint technical committee jointly appointed under section 
     605(b), the Secretary may pay up to 50 percent of--
       (1) any compensation paid to such individuals; and
       (2) the necessary travel expenses of such individuals.

     SEC. 610. ENFORCEMENT.

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

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

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


                              CDQ PROGRAM

  Mrs. MURRAY. Mr. Presdient, as part of the conference report on the 
Coast Guard and Maritime Transportation Act of 2006, which is expected 
to be passed by the Senate shortly, there is a provision in section 416 
that amends section 305(i) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1855(i)), which authorizes the Western 
Pacific Community Development Quota (CDQ) Program for fisheries of the 
Bering Sea and Aleutian Islands (BS/AI).
  Mr. STEVENS. That is correct. Section 416 provides more specific 
authorities and direction concerning the operations and fishing 
allocations to and among CDQ groups, in accordance with the 
recommendations of a Blue Ribbon panel established by the Governor of 
Alaska.
  Mrs. MURRAY. I am familiar with this program, which originated in the 
North Pacific Fishery Management Council in 1992, and I support its 
goals of providing economic opportunities for rural coastal communities 
in Western Alaska. It is my understanding that section 416 ensures the 
CDQ groups will continue to receive the same annual percentage 
allocations as they do now under existing Federal law, and that it 
would preserve existing treatment of such allocations--consisting of a 
directed fishing allowance if that is the current law, i.e., the BS/AI 
pollock fishery, or including both directed and non-target fishing in 
fisheries where that is the current practice. Is that correct, Senator 
Stevens?
  Mr. STEVENS. Yes, that is correct. Are you concerned about those 
provisions?
  Mrs. MURRAY. No, my concerns relate to Section 416's amendment to MSA 
section 305(i)(1)(B), which would increase CDQ group allocations for 
certain BS/AI groundfish fisheries, including Pacific cod, mackerel, 
and flatfish species, from 7.5 percent to 10 percent, and treat this 
allocation as a directed fishing allowance, which does not include 
incidental catch. All allocations in these fisheries, including the CDQ 
allocations, are currently-managed as total quotas, not as directed 
fishing allowances, which obliges all participants to keep both the 
directed and incidenteal catch within a ``hard cap.'' Did you intend to 
change the current manner in which the council sets CDQ allocations in 
these fisheries, from a hard cap allocation to a directed fishing 
allowance allocation?
  Mr. STEVENS. Yes, we wanted to create the same approach for these 
groundfish fisheries that we created legislatively for pollock. 
However, these allocations would become effective only upon the 
establishment of a quota program, fishing cooperative, sector 
allocation or rationalization program in the fishery, and the intent is 
to ensure that management measures apply equally to both CDQ and non-
CDQ groups. With respect to application of this section to the Pacific 
cod fishery, however, the new CDQ allocations under section 416 are not 
intended to take effect until full rationalization of that fishery, or 
January 1, 2009, whichever date is earlier.
  Mrs. MURRAY. We are both justifiably proud of the success of the 
pollock cooperatives established under the American Fisheries Act, AFA, 
and particularly their low bycatch rates. However, it is my 
understanding from speaking with NOAA and council staff that making 
this directed fishing allowance in statute for the CDQ portion of these 
other BS/AI groundfish fisheries would deprive the council of its 
current authority to limit incidental catch associated with these 
allocations, although it would retain such authority for the non-CDQ 
allocations. I am concerned that this lack of authority could 
unintentionally promote increases in incidental catch for CDQ groups. 
In addition, any unconstrained growth in incidental catch under the 
legislatively directed fishing allowances could result in less 
available catch allowance for the non-CDQ groups subject to incidental 
catch controls, which seems contrary to your intent that each set of 
groups be subject to the same management controls.
  While the pollock fishery has very low incidental catch rates, in 
2005 its incidental catch was only 0.16 percent above the directed 
fishery allowance, the directed fisheries of the BS/AI, other than 
halibut, sablefish, pollock, and crab, have a relatively higher level 
of bycatch. The council has taken actions to limit and reduce the 
amount of incidental catch allowance to all directed fishery 
participants in order to reduce overall bycatch levels. Prohibiting the 
council from establishing an incidental catch allowance is antithetical 
to current public policy and resource management in the BS/AI. 
Moreover, it is not consistent with provisions included in the Senate's 
version of the Magnuson-Stevens Act reauthorization, S. 2012. I suggest 
Section 416 (MSA section 305(i)(1)(B), as amended) be modified to 
include this explicit authority.
  Do you agree with me that the council should retain its ability to 
set incidental catch allowances for the CDQ groups in the fisheries 
affected by section 416's amendment to MSA section 305(i)(1)(B)?
  Mr. STEVENS. Yes, I agree. We did not intend to eliminate any 
management authorities regarding incidental catch that are currently 
available to the Council.
  Mrs. MURRAY. In view of our agreement on these points, do you agree 
to authorize the council and the Secretary to establish incidental 
catch limits for these fisheries without prohibiting the council from 
providing the CDQ program with an incidental catch allowance.
  Mr. STEVENS. Yes, I would agree to that clarification to subparagraph 
(B). However, that change must also guarantee that any management 
measures will apply equally to both CDQ and non-CDQ portions of the 
fisheries affected by subparagraph (B). Do you agree?
  Mrs. MURRAY. Yes, I do agree that we must ensure fair treatment of 
both groups in these fisheries, and would support including such 
language in these changes. Do I have your commitment that you will 
include these changes to Section 416 in the Coast Guard Conference 
Report before final passage in the Senate, or, if not procedurally 
possible, in another bill that will be enacted this year, including the 
final version of the Magnuson-Stevens Act reauthorization?

[[Page 11679]]


  Mr. STEVENS. Yes. Do you give your consent for final passage of S. 
2012 today?
  Mrs. MURRAY. I fully support passage of S. 2012, your and Senator 
Inouye's bill to reauthorize the Magnuson-Stevens Act, particularly in 
view of your commitment to make these changes to section 416 of the 
Coast Guard Conference Report. Senator Inouye, are you in agreement 
with Senator Stevens and me on these points?
  Mr. INOUYE. Yes, I would be pleased to work with you and Chairman 
Stevens on ensuring that the items you have agreed upon are enacted.


                  ECONOMIC AND SOCIAL IMPACT ANALYSIS

  Mr. LOTT. Mr. President, I congratulate the chairman of the Senate 
Committee on Commerce, Science and Transportation on Senate passage of 
S. 2012, the Magnuson-Stevens Fisheries Conservation and Management 
Reauthorization Act of 2006. The chairman has worked very hard to gain 
the consensus necessary to pass this bill to reauthorize marine 
fisheries conservation and management programs. The Commerce Committee 
report on this bill provides a wealth of information concerning the 
bill's provisions. However, I would like to ask the chairman to clarify 
two provisions in the bill.
  Mr. STEVENS. Mr. President, I thank the Senator from Mississippi for 
his kind words and I would be happy to respond to his questions.
  Mr. LOTT. Mr. President, section 104(a) of S. 2012 would amend 
section 303(a) of the Magnuson-Stevens Fisheries Conservation and 
Management Act in several places to require the collection of certain 
economic information from fisheries participants and require that 
fisheries management plans and amendments analyze the economic and 
social impacts of such plans' or amendments' conservation and 
management measures on, and possible mitigation measures for, fisheries 
participants and fishing communities affected by these plans or 
amendments.
  Is it the chairman's understanding that the committee intended, for 
the purposes of this provision, that only the economic impact of direct 
participants in the fishery that engage in fishing or fish processing 
be subject to this economic information collection and impact analysis? 
Does the chairman agree that attempting to consider such economic 
impacts on persons such as consumers of fish or suppliers of fishing 
sectors would add unwarranted complexity to this analysis and would 
detract from the proper focus on only those persons who have a direct 
economic stake in the fishery?
  Mr. STEVENS. The Senator from Mississippi is correct. Regional 
Fishery Management Councils are tasked with analyzing a large amount of 
data in order to develop fisheries management plans and amendments. The 
committee intended that the economic and social impact analysis 
described in section 303(a) of the act, as amended by this bill, be 
limited to direct participants in the fishery that engage in fishing or 
fish processing, and not include persons such as consumers of fish or 
suppliers of fishing sectors.
  Mr. LOTT. I thank the chairman for that response. Additionally, 
section 105 of the bill would amend section 303(b)(2) of the Act to 
provide additional direction on the authority of Regional Fishery 
Management Councils to close areas to fishing, or restrict fishing in 
areas of the waters under their jurisdiction. Is it the chairman's 
understanding that the committee intended, for the purpose of this 
provision, that any restriction or closure under this authority will be 
of the minimum size, and include the minimum restrictions on fishing, 
that are necessary to achieve the intended conservation and management 
benefits?
  Mr. STEVENS. Mr. President, the Senator from Mississippi is correct 
on this matter as well. The committee intended that any restriction or 
closure under this authority will be of the minimum size, and include 
the minimum restrictions on fishing that are necessary to achieve the 
intended conservation and management benefits.
  Mr. LOTT. Mr. President, again, I thank the chairman for his 
clarification of these provisions of S. 2012. I also thank him for his 
years of work to improve the framework through which our Nation's 
marine fisheries are conserved and managed. I can think of no other 
Member of this body who more deserves to have his name included in the 
name of the law that governs marine fisheries conservation and 
management.
  Mr. REED. I thank Senators Stevens and Inouye for including a report 
in Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act, S. 2012, to study council management coordination between the New 
England Fishery Management Council and the Mid-Atlantic Fishery 
Management Council, MAFMC. This report speaks to an issue of great 
importance to Rhode Island fishermen. I would also like to thank 
Senator Lautenberg for working with me on developing this language.
  In October 2005, I introduced the Rhode Island Fishermen's Fairness 
Act in order to address a serious flaw in our Nation's regional 
fisheries management system by adding Rhode Island to the MAFMC, which 
currently consists of representatives from New York, New Jersey, 
Delaware, Pennsylvania, Maryland, Virginia, and North Carolina. The 
legislation would create two seats on the MAFMC for Rhode Island: one 
seat nominated by the Governor of Rhode Island and appointed by the 
Secretary of Commerce, and a second seat filled by Rhode Island's 
principal state official with marine fishery management responsibility. 
There is a precedent for this proposed legislation. In 1996, North 
Carolina's representatives in Congress succeeded in adding that State 
to the MAFMC through an amendment to the Sustainable Fisheries Act. 
Like Rhode Island, a significant proportion of North Carolina's landed 
fish species were managed by the MAFMC, yet the State had no vote on 
the council.
  While I am disappointed that this reauthorization bill did not 
include my legislation, I believe that the report will provide useful 
information to the Senate that will support Rhode Island's 
participation as a voting member on the MAFMC based on the Magnuson-
Stevens Act's National Standards and the economic value of MAFMC 
managed species to Rhode Island. The report will provide an opportunity 
for the Mid-Atlantic Fishery Management Council, in consultation with 
the New England Fishery Management Council, to: evaluate the role of 
council liaisons in the development and approval of management plans 
for fisheries in which Rhode Island has a demonstrated interest and 
significant landings; evaluate approaches developed by the councils to 
improve representation of non-member States in decision-making; and 
analyze characteristics that supported North Carolina's inclusion in 
the MAFMC and how those characteristics support Rhode Island's 
position.
  The MAFMC manages the following 13 species, all of which are landed 
in Rhode Island: Illex squid, loligo squid, Atlantic mackerel, black 
sea bass, bluefish, butterfish, monkfish, scup, spiny dogfish, summer 
flounder, surfclam, ocean quahog, and tilefish. Rhode Island fishermen 
target a large proportion of species managed by MAFMC. These species 
make up a large proportion of landings within Rhode Island every year. 
Between 1995 and 2004, MAFMC species represented between 42 percent and 
56 percent of all finfish landed in Rhode Island annually, for an 
average of 37 percent of total landings by weight. The economic value 
of these species to Rhode Island in 2004 totaled $72.8 million. Between 
1995 and 2004, squid, Illex and loligo, was the number one marine 
species, based on economic value, landed in Rhode Island, with a value 
of $24.7 million in 2004. Because of these fisheries importance to 
Rhode Island, both in terms of the economic value and overall landings 
by weight, I believe the State deserves a vote in the management of 
these species on the MAFMC.
  Again, I want to thank Senators Stevens, Inouye, and Lautenberg for 
their assistance in addressing Rhode Island's interest to become a 
voting member of the MAFMC. I look forward to working with my 
colleagues on this issue.
  Mr. WARNER. I ask unanimous consent that the amendment at the desk

[[Page 11680]]

be agreed to, the committee-reported substitute, as amended, be agreed 
to, the bill, as amended, be read a third time and passed, and the 
motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4310) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee-reported substitute, as amended, was agreed to.
  The bill (S. 2012), as amended, was ordered to be engrossed for a 
third reading, read the third time and passed.
  Mr. WARNER. Mr. President, I return to my original unanimous consent 
request.
  The PRESIDING OFFICER. Is there objection to the Senator from 
Massachusetts being recognized for 30 minutes in morning business? 
Without objection, it is so ordered.
  The Senator from Massachusetts.

                          ____________________